Governing Body

Governing Body Minutes – December 17, 2024 CITY COUNCIL CHAMBERS, Topeka, Kansas, Tuesday, December 17, 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, Dobler, Duncan and Hoferer - 9. 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 December 17, 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 December 17, 2024 for attachment to the meeting minutes. AFTER THE MEETING WAS CALLED TO ORDER, the invocation was provided by Kathy and Tuck Duncan. THE PLEDGE OF ALLEGIANCE was recited by meeting participants. BOARD APPOINTMENT recommending the reappointment of Paul Miller to the Board of Plumbing Examiners for a term ending December 31, 2026, was presented. (Council District No. 6) BOARD APPOINTMENT recommending the reappointment of Angela Sharp to the Board of Building and Fire Appeals for a term ending December 31, 2026, was presented. (Council District No. 8) BOARD APPOINTMENT recommending the reappointment of Nelda Henning to the 12-17-24 350 Board of Building and Fire Appeals for a term ending December 31, 2026, was presented. (Council District No. 8) Councilmember Dobler moved to approve the appointments. The motion seconded by Councilmember Kell carried unanimously. The mayor does not vote. (9-0-0) AN UPDATE on the City of Topeka Winter Operations was provided by Tony Trower, Deputy Director of Public Works. AN UPDATE on the BEAD (Build Equity Access Digital Grant) was provided by Megan Bottenberg, Cox Communications. APPROVAL of CONTRACT NO. 52543 a professional consulting contract between the City of Topeka and Columbia Capital Management LLC for providing debt and investment management, was presented. APPROVAL of CONTRACT NO. 52575 a professional consulting contract between the City of Topeka and The Law Firm of Tenopir and Huerter to provide court-appointed counsel services for Municipal Court, was presented. MINUTES of the special meeting of December 6, 2024; and the regular meeting of December 10, 2024, were presented APPROVAL of a Cereal Malt Beverage License application for Dickey’s Barbecue Pit located at 609 NW Highway 24, Topeka, Kansas, was presented. Councilmember Dobler moved to approve the consent agenda. The motion seconded by Councilmember Miller carried unanimously on roll call vote. (10-0-0) PUBLIC HEARING Public Hearing for the purpose of hearing and answering objections of taxpayers relating to the proposed amended use of funds. APPROPRIATION ORDINANCE NO. 20539 introduced by City Manager Dr. Robert 12-17-24 351 M. Perez, approving and adopting certain amendments to the operating budget for the City of Topeka for the year 2024 and appropriating amounts for the purpose as set forth therein, was presented. Josh McAnarney, Budget and Finance Director, provided an overview of the budget amendments and stated Staff was recommending approval as presented. Mayor Padilla opened the public hearing and asked if there was anyone present who would like to speak to the matter. Upon no one appearing, the public hearing was closed. Councilmember Dobler moved to adopt the ordinance. The motion seconded by Councilmember Miller carried. The 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. PUBLIC HEARING Public Hearing relating to the vacation of a public alley connecting NW Roosevelt with NW 1st Street, City of Topeka, Shawnee County, Kansas. ORDINANCE NO. 20540 introduced by City Manager Dr. Robert Perez, relating to the vacation of a 16 feet-wide public alley connecting NW Roosevelt with NW 1st Street, City of Topeka, Shawnee County, Kansas, was presented. (V24A/01) (Council District No. 1) Dan Warner, Planning Division Director, provided an overview of the history of the property and reported the City initiated the vacation in response to concerns expressed by an owner of property abutting the alley, and K.S.A. 12-504 allows the City to initiate vacation of a public alley. He stated Staff conducted a neighborhood information meeting on October 30, 2024, with four of the affected property owners in attendance. He reported no objections to the vacation were expressed at the meeting and none have been expressed since that time. 12-17-24 352  Mayor Padilla opened the public hearing and asked if there was anyone present who would like to speak to the matter. David Peterson spoke in support of the ordinance and thanked City Staff for their assistance with the vacation of the alley. He expressed his appreciation to the Police Department for responding to the public safety issues associated with the alley. A concerned abutting property owner questioned if vacating the alley would change his property line or his fence boundary line. Councilmember Ortiz referenced the Staff Report and questioned why the City would not fix or maintain the alley. Director Warner reported the City was only vacating the right-of-way (alley) with no plans for improvement and no property lines or fence boundaries would be altered. Upon no one else appearing, the public hearing was closed. Councilmember Dobler moved to adopt the ordinance. The motion seconded by Councilmember Miller carried. The 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. RESOLUTION NO. 9607 setting forth the intention of the City of Topeka, Kansas, to consider annexation of certain lands, all pursuant to K.S.A 12-520 et seq, was presented. (A24/05) Dan Warner, Planning Division Director, reported approval will set a public hearing date of February 18, 2025, to consider the annexation of 20.9 acres including right-of-way owned by USD 437 Auburn Washburn School District. He stated the site was currently used for an administration building and surface parking for school buses, and no development of the site has 12-17-24 353 been proposed. Councilmember Kell moved to approve the resolution. The motion seconded by Councilmember Dobler carried unanimously on roll call vote. (10-0-0) ACCEPTANCE of Land Dedications in the Final Plat for KDOT District No. 1 Subdivision located at the northwest corner of the intersections of SE 21st Street and SE Rice Road, was presented. (P24/20) Dan Warner, Planning Division Director, reported approval accepts the land dedications for public infrastructure for development of new office facilities for the Kansas Department of Transportation Councilmember Miller moved to accept the dedications of land identified in the final plat for KDOT District No.1 Subdivision. The motion seconded by Councilmember Ortiz carried unanimously on roll call vote. (10-0-0) RESOLUTION NO. 9608 introduced by the Public Infrastructure Committee recommending approval of projects for the 2025 FIRM program, was presented. (The Public Infrastructure Committee recommended approval on November 19, 2024.) Jason Tryon, Deputy Public Works Director, reported approval would authorize certain FIRM Projects total approximately $2,000,000. Councilmember Banks moved to approve the resolution. The motion seconded by Councilmember Ortiz carried unanimously on roll call vote. (10-0-0) APPROVAL of CONTRACT NO. 52573 a three-year labor contract for AFT Kansas Local 6406 effective January 1, 2025, through December 31, 2027, was presented. Mary Spinelli, Associate City Attorney, reported approval would provide guidelines for management and employees in the bargaining unit. 12-17-24 354  Councilmember Kell moved to approve the agreement. The motion seconded by Mayor Padilla carried unanimously on roll call vote. (10-0-0) APPROVAL of CONTRACT NO. 52574 a two-year labor agreement between the City of Topeka and the Water Division of AFSCME Council 61, Local 1294, was presented. Mary Spinelli, Associate, reported approval would provide guidelines for management and employees in the bargaining unit. Councilmember Kell moved to approve the agreement. The motion seconded by Councilmember Miller carried unanimously on roll call vote. (10-0-0) ORDINANCE NO. 20541 introduced by Councilmember Spencer Duncan, concerning common consumption areas; amending Section 9.15.360 and repealing original section of the Topeka Municipal Code, was presented. (The Policy and Finance Committee approved by consensus on November 18, 2024.) Councilmember Duncan stated the ordinance was discussed at the December 10, 2024, Governing Body meeting and the Policy and Finance Committee recommended approval. Councilmember Kell moved to adopt the ordinance. The motion seconded by Councilmember Duncan carried. The ordinance was adopted on roll call vote as follows: Ayes: Councilmembers Hiller, Valdivia-Alcala, Ortiz, Banks, Kell, Miller, Dobler, Duncan and Hoferer -9. The Mayor did not vote. (The proposed ordinance involves a matter of home rule on which the Mayor has veto authority.) AN ORDINANCE introduced by City Manager, Dr. Robert M. Perez, authorizing the Deputy City Manager, Assistant City Manager, and Director of Administrative and Financial Services to sign specific contracts on behalf of the City pursuant to Charter Ordinance No. 94, 12-17-24 355 codified at Section A2-55 of the Code of the City of Topeka, was presented. Dr. Robert M. Perez, City Manager, explained the purpose of the proposal was to allow professional service contracts to be signed by certain employees within the City Manager’s Office. Councilmember Miller questioned if only certain contracts would be signed and if a threshold dollar amount set has been set. Councilmember Duncan stated he would have preferred the Governing Body discuss the ordinance prior to considering for action. He expressed concern with the lack of parameters as it relates to signing authority of other employees besides the City Manager as well as no dollar amount threshold. He suggested the ordinance be deferred for further discussion. Councilmember Hiller spoke in support of delaying approval and implementing a chain of command to make certain the City Manager remains informed of contracts being signed. Councilmember Ortiz stated she concurs with Councilmember Duncan and would like more information about the procedure. She spoke in support of delaying approval. Councilmember Kell stated he concurs and would like more information before approving the ordinance. Councilmember Dobler stated he agrees more information was needed; however, he understands the need due to the volume of contracts that have to be signed by the City Manager. He recommended only one person have the authority to sign contracts in the absence of the City Manager. City Manager Perez stated he understands the concerns expressed; however, it is important for the organization to have a policy in place. He spoke to his previous experience and how other cities have implemented a similar policy. He reported he would be able to review all 12-17-24 356 contracts being signed. Councilmember Banks spoke in support of implementing contract parameters. Mayor Padilla stated he believes the Governing Body as a whole supports the concept; however, more information was needed before making a final decision. Councilmember Duncan moved to defer the ordinance until January 21, 2025, for discussion. The motion seconded by Councilmember Kell carried unanimously on roll call vote. (10-0-0) RESOLUTION NO. 9609 introduced by the Public Infrastructure Committee regarding certain lots in Lauren’s Bay, was presented. (The Public Infrastructure Committee recommended approval by a vote of 3-0-0 on November 22, 2024.) Braxton Copley, Assistant City Manager, stated approval of the resolution would provide an extension until March 2025 to allow Staff time to complete negotiations with the Developer’s team. Councilmember Valdivia-Alcala referenced a document she distributed to the Governing Body via email (Attachment A) outlining back due taxes for the Lauren’s Bay properties. She asked various questions related to past due special assessments and property taxes and expressed concern with setting precedence for other developers as well as the probability of the City being sued. She also questioned if the entire Lauren’s Bay Subdivision (over 100 lots) was being considered or just the initial 16 lots approved in Resolution No. 9586. Amanda Stanley, City Attorney, referenced Resolution No. 9586 which allows a submission for an RHID for all lots in Lauren’s Bay approved in September 2024. She confirmed there was always the chance the City could be sued; however, consideration would be given to the fact the Governing Body conducted thoughtful deliberation and if there was rationale behind 12-17-24 357 the decision made. She stated in the future, if a developer made the same request as Mr. Klausman the same type of deliberation would need to take place by the Governing Body making it a defensible position. Councilmember Valdivia-Alcala spoke in opposition of the proposal approved by the Public Infrastructure Committee Meeting on November 22, 2024. She referenced the high percentage (46.6%) of Low to Moderate Income (LMI) homeowners in the city and the fact that those same homeowners are still expected to pay their property taxes. Councilmember Duncan stated they have no control over ad valorem property tax which must be paid by Mr. Klausman to the City and seven other entities. He clarified they are only discussing the back due special assessment tax on the 16 properties within Lauren’s Bay approved in Resolution 9586 and the economic development path of those 16 properties; therefore, he will support a one-time extension. Daniel Twemlow stated she believes the proposal was not the solution to the city’s affordable housing issues. She requested the City formally outline and publish steps that residents need to take to not pay property taxes and negotiate forgiveness; how Lenders Mortgage Insurance properties can establish themselves as an LLC; and to make sure the same standards are applied to the citizens of Topeka as the Lauren’s Bay properties. Councilmember Kell suggested a policy be implemented that would allow the City to receive funds when the lots are sold for residential homes. Mayor Padilla stated he concurs with statements made by Councilmembers; however, he believes the City and the developer worked in earnest to meet the December 31, 2024 deadline. He reported the proposed resolution relates specifically to 16 properties and he would only support a one-time extension. 12-17-24 358  Councilmember Ortiz moved to approve the resolution. The motion seconded by Councilmember Duncan carried. Councilmember Valdivia-Alcala voted “no.” (9-1-0) PUBLIC COMMENT was provided via email by Joseph Ledbetter (Attachment B) and by the following individual: Martha Boatright spoke to the neglect of properties owned by Lew McGinnis, a landlord who owns the majority of rental properties in Topeka. She expressed concern with the large amount of trash as well as other unsanitary property maintenance issues associated with Lew McGinnis properties. She expressed concern with the Topeka landlords who are turning the City into a garbage dump and the urgent need to repair inhabitable homes. She asked the City Council to increase violation fines and urged renters in Topeka to start organizing with groups like “Topeka Tenants” to try to work together to find better protection for themselves and improved the quality of housing in the city. ANNOUNCEMENTS BY THE CITY MANAGER, MAYOR AND MEMBERS OF THE COUNCIL; Brenda Younger, City Clerk, announced a Citizen Government Review Committee Meeting would be held on January 8, 2025, at the Cyrus K. Holliday Building First Floor Conference Room, 620 SE 8th Street, Topeka, Kansas. She also announced a Special Meeting Budget Work Session of the Governing Body called by City Manager Dr. Robert M. Perez, to discuss budget items. The Special Meeting will be held on January 9, 2025, in the City Council Chambers, 214 SE 8th Street, 2nd Floor, Topeka, Kansas, from 5:00 p.m. to 8:00 p.m. Dr. Robert M. Perez, City Manager, provided an update on the property code violations and strategies to address the Lew McGinnis rental properties. 12-17-24 359  Governing Body Members expressed the importance of citizens reporting poor housing conditions. They commended Staff for working to implement better property maintenance regulations through the Changing Our Culter of Property Maintenance Initiative. They expressed their disappointment with HUD and KHRC for failing to conduct inspections on the Timberlee Apartments. They expressed the importance of lobbying for change to State law to assist with the property maintenance issues and poor housing conditions across the state. They urged the media to help bring stories forward that deal with inequity in housing and the need to develop a coalition for Topeka and the entire state. Councilmember Duncan announced District 8 Office Hours on December 20, 2024, at Fairlawn Plaza. Councilmember Hoferer announced Zoo Lights were open until December 28, 2024, and encouraged citizens to support the Zoom. Councilmember Hiller encouraged citizens to attend Zoo Lights and Ballet Midwest’s The Nutcracker. She thanked Governing Body members for their response to constituents and Staff for their help with many issues. She announced the Craving Light Exhibit at the Museum of Love & Reckoning would be held at the Great Overland Station until early January 2025. Councilmember Ortiz urged the City to ban Lew McGinnis from buying and renting property in the City of Topeka. She thanked Staff for helping people receive housing that has been displaced. She thanked Governing Body members for their work that was accomplished in 2024. Councilmember Banks reported he has received many calls from constituents expressing concern about Lauren’s Bay. He reminded citizens he was still learning the process and he will continue to work hard to make good decisions. 12-17-24 360  Councilmember Kell announced Zoo Lights would be open until December 28, 2024. He thanked City Manager Perez for his service. Councilmember Miller encouraged citizens to educate themselves on the issues and have good faith conversations with Council members. Councilmember Dobler asked everyone to remember employees and public safety people that have to work over the upcoming holidays. Mayor Padilla commended Governing Body members for their work in 2024 as well as Staff members. Councilmember Banks moved to recess into executive session not to exceed 25 minutes to give legal advice particularly legal liabilities, as a federal law, state law, and local law occasionally intersect in conflict, and are deemed privileged under Attorney-Client Privilege matters as allowed under K.S.A. 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 and other staff needed. The motion was seconded by Councilmember Hoferer. Mayor Padilla asked all those in favor of recessing into executive session to indicate so by verbally saying “yea” and those opposing to indicate so verbally by saying “no.” The motion carried. Councilmembers Dobler, Ortiz and Banks voted “no.” (6-3-0) 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 8:58 p.m. (SEAL) Brenda Younger City Clerk 12-17-24 361 Attachment A  Attachment B From: Joseph Ledbetter To: City Clerk; City Council; Spencer Duncan; Neil Dobler; Mayor; Sylvia Ortiz; David Banks Subject: Ref. Columbia Capital Management, LLC contract Date: Tuesday, December 17, 2024 10:23:20 AM Notice: -----This message was sent by an external sender----- Governing Body, City of Topeka: I am not sure why we are not managing our own debt and cash flows and funds as a city.We have added at least forty million more in debt in the past three months from numbers I was shown. This piling up of debt is unsustainable for such a small city that has had no population growth since 2011 (13 years). Certainly no one benefiting from this contract should be getting commissions from any sales of bonds or other debt instruments sold on behalf of the City of Topeka. And what is the overall objective to be obtained, per Council goals and oversight by this contract? Thank you, Concerned Citizen, Joseph Ledbetter JD, MPA