Governing Body

Governing Body Minutes – February 18, 2025 CITY COUNCIL CHAMBERS, Topeka, Kansas, Tuesday, February 18, 2025. 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, Kell, Dobler, and Duncan- 6. Mayor Padilla presided –1. Absent - Councilmembers Banks, Miller and Hoferer -3. 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 February 18, 2025, 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 February 18, 2025 for attachment to the meeting minutes. AFTER THE MEETING WAS CALLED TO ORDER, the Invocation was provided by Ana Wilkins. THE PLEDGE OF ALLEGIANCE was recited by meeting participants. Dr. Robert M. Perez, City Manager, requested to defer, Item 2, a PRESENTATION of the 2025 Strategic Goals and Priorities to the March 4, 2025, agenda. Upon hearing no objections, Mayor Padilla announced the presentation would be deferred to the March 4, 2025 agenda. RESOLUTION NO. 9620 introduced by Councilmember Karen Hiller granting The Celtic Fox an exception to the provisions of City of Topeka Code Section 9.45.150, et seq., 2-18-25 53 concerning noise prohibitions, was presented. (Council District No. 1) The MINUTES of the regular meeting of January 21, 2025, was withdrawn from the agenda and deferred to the March 4, 2025, Governing Body meeting. Councilmember Miller joined the meeting virtually. Councilmember Kell moved to approve the consent agenda. The motion seconded by Councilmember Duncan carried unanimously on roll call vote. (8-0-0) PUBLIC HEARING PUBLIC HEARING to consider annexation and incorporation of certain lands, hereinafter described, into the City of Topeka, Kansas, was presented. ORDINANCE NO. 20547 introduced by City Manager Dr. Robert M. Perez, to annex lands, all pursuant to K.S.A. 12-520 et seq., located at 5928 SW 53rd Street and Unaddressed SW Wanamaker Road within unincorporated Shawnee County, Kansas, and adjacent to the City of Topeka corporate limits and being annexed for all City purposes, was presented. (A24/05) (Council District No. 7) Dan Warner, Planning Division Director, provided an overview of the proposal to annex land at 53rd and Wanamaker that would facilitate further annexations for lands used in residential development. He reported the 20.9 acres includes right-of-way owned by USD 437 Auburn Washburn School District and the site was currently used for an administration building and surface parking for school buses. 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 Duncan moved to approve the ordinance. The motion seconded by Councilmember Ortiz carried unanimously. 2-18-25 54  The ordinance was adopted on roll call vote as follows: Ayes: Hiller, Valdiva-Alcala, Ortiz, Kell, Miller, Dobler, Duncan and Mayor Padilla -8. Councilmember Hoferer joined the meeting virtually. RESOLUTION NO. 9621 introduced by the Public Infrastructure Committee comprised of Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of Project No. 841098.01 for street improvement for SW Harrison Street from 10th Avenue to 8th Avenue, was presented. (Public Infrastructure Committee recommended approval on January 31, 2025.) Steven Groen, Public Works Director, reported approval would allow street improvements on Southwest Harrison from 8th Avenue to 10th Avenue, and noted the State of Kansas will share the cost of the project. Councilmember Ortiz moved to approve the resolution. The motion seconded by Councilmember Hiller carried unanimously on roll call vote. (9-0-0) RESOLUTION NO. 9622 introduced by the Public Infrastructure Committee comprised of Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of the 2025 Micro Surfacing Project No. 841104.01, part of the Street Preventative Maintenance Program to be performed in the southwest quadrant of the city, was presented. (Public Infrastructure recommended approval on January 31, 2025.) Steve Groen, Public Works Director, reported approval would authorize a total project budget of $1.2 Million for the 2025 Micro Surfacing Program. Councilmember Duncan left the room. Councilmember Dobler moved to approve the resolution. The motion seconded by Councilmember Ortiz carried unanimously on roll call vote. (8-0-0) 2-18-25 55  Councilmember Duncan entered the room. RESOLUTION NO. 9623 introduced by the Public Infrastructure Committee comprised of Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of Project No. 841104.02 for the 2025 Ultrathin Bonded Asphalt Surface (UBAS) treatments for segments of NE Quincy, SE Branner, NE Seward, SE 6th, SE California and NE Strait, was presented. (Public Infrastructure Committee recommended approval on January 31, 2025.) Steve Groen, Public Works Director, reported, the project was a part of the 2025 Street Preventative Maintenance Program. Councilmember Kell spoke in support of the test project conducted in District 5 in 2024 and commended Staff for how well the roads have held up. Councilmember Kell moved to approve the resolution. The motion seconded by Councilmember Ortiz carried unanimously on roll call vote. (9-0-0) RESOLUTION NO. 9624 introduced by the Public Infrastructure Committee comprised of Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of Project No. 841104.03 for 2025 Crack Sealing part of the Street Preventative Maintenance Program to be performed in the southeast quadrant of the city, was presented. (Public Infrastructure Committee recommended approval on January 31, 2025.) Steve Groen, Public Works Director, reported the project was a part of the 2025 Street Preventative Maintenance Program. Councilmember Ortiz moved to approve the resolution. The motion seconded by Councilmember Dobler carried unanimously on roll call vote. (9-0-0) APPROVAL of amendments to the Governing Body Rules and Procedure 2.2(d), was presented. 2-18-25 56  Amanda Stanley, City Attorney provided an overview of the amendments to the Governing Body rules in which Councilmembers will be allowed to vote electronically whether attending the meeting in-person or virtually. Dr. Robert M. Perez, City Manager, reported the new system would also allow Governing Body members to request to speak electronically. Councilmember Duncan spoke in support of the voting system and questioned if there would be recourse or consequences if a Councilmember allowed someone else to use the voting system in an improper manner. Amanda Stanley, City Attorney, explained if a Councilmember were to allow someone else to vote on something they are legally required to vote on as an elected official, it could be grounds for removal from office. Councilmember Miller spoke in support of the voting system and inquired if Councilmembers will be able to use their City issued phones to vote. Dan Garrett, Director of Communications, reported Councilmembers will be issued City of Topeka tablets set up on a secure server; however, Councilmembers will also be able to access the voting system from other devices from a web-based portal as well. Councilmember Duncan expressed concern with the cost of the tablets. Councilmember Hiller expressed concern with the cost of the tablets and questioned if she would be able to use her laptop to access the voting system. She stated she believes it would be easier to connect one device with the double authentication system, rather than having multiple devices. Dan Garrett, Director of Communications recommended two separate devices to avoid switching back and forth on browser pages in order to vote. 2-18-25 57  Councilmember Ortiz moved to approve the proposed amendments to the Governing Body Rules and Procedure 2.2(d). The motion seconded by Councilmember Duncan carried unanimously on roll call vote. (9-0-0) RESOLUTION NO. 9625 introduced by City Manager Dr. Robert M. Perez amending City of Topeka's policy for Community Improvement Districts and rescinding Resolution No. 8392, was presented. (Policy & Finance Committee recommended approval on January 28, 2025.) Rhiannon Friedman, Director of Planning and Development, provided an overview of key updates and proposed changes to the CID, TIF and RHID Policies and Procedures, which included: CID: • Adding a funding agreement of $25,000 to the Capital Improvement District (CID) Policy, which would provide an allowance of funding to cover the City’s cost for financial and legal advisors, as well as direct costs of outside Consultants. • Increasing the CID Application fee from $1,500 to $5,000 • Addition of language requiring signage to be displayed in each business within the CID sales tax district. • Additional requirement of certification that neither the developer entity nor any of its shareholders/partners/members is delinquent on its property tax or special assessment payments on any property it owns or controls in Shawnee County. • Adjustment to have the Review Committee include the following: Assistant City Manager, Chief Financial Officer, Director of Public Works, Director of Planning and Development, and the City Attorney, or their designees. The committee may also include City staff and individuals designated by the City Manager, including but not limited to the Utilities Director, City’s bond counsel and City financial advisor. • Adding language in the CID Policy regarding sensitive financial records Developers provide to the City to be legally exempt from the Open Records Act, as well as having the ability to enter into a non-disclosure. TIF: • Addition of any Engineering fees to be a reimbursable item under the funding agreement, covering the review of plans and traffic impact studies. • Additional language to the program goals adding in creation of affordable housing and any efforts to increase affordable housing. 2-18-25 58  • Adjustment to have the Review Committee include the following: Assistant City Manager, Chief Financial Officer, Director of Public Works, Director of Planning and Development, and the City Attorney, or their designees. The committee may also include City staff and individuals designated by the City Manager, including but not limited to the Utilities Director, City’s bond counsel and City financial advisor. RHID: • Adding language spelling out the timeline to enter into a funding agreement with the City within 15 days of receipt of the complete Housing Development Plan allowing the City access to sufficient funds to cover the City’s cost in analyzing the proposed Housing Development Plan. • Changing language to the District Application and the Housing Development Plan. This change helps provide a clear distinction in the two steps of the application process. Councilmember Valdivia-Alcala inquired on what would be considered sensitive financial information to ensure the public knows this was not a way to hide information. Amanda Stanley, City Attorney explained the sensitive financial information could include private bank account information as well as social security information; she continued to explain that many cities have this provision within their Economic Development Plans. Councilmember Hiller inquired if they would still be allowed to discuss in executive session the finances of developers regarding the Economic Development Plans under the new language. She also asked if developers would be charged separate fees for each application. City Attorney Stanley explained financial affairs would be allowed to be discussed in executive sessions and each application would require a separate fee. Danielle Twemlow distributed a handout (Attachment A) and recommended looking at ways to improve Economic Development Plans to benefit all residents not just those of a higher income bracket. She spoke of the need to prioritize more equity-based funding projects, and commended Staff for taking a closer look at these policies. Councilmember Duncan moved to approve the resolution. The motion seconded by Councilmember Ortiz carried unanimously on roll call vote. (9-0-0) 2-18-25 59  RESOLUTION NO. 9626 introduced by City Manager Dr. Robert Perez amending the City of Topeka's policy for Tax Increment Financing Districts and rescinding Resolution No. 9016, was presented. (Policy & Finance Committee recommended approval on January 28, 2025.) Danielle Twemlow spoke of the Kansas Legislative Post-Audit report (published in October 2024) which exposed major issues of TIF districts across the State. She noted while conducting the Audit they found the College Hill TIF Project was the most expensive. She urged that the TIF be structured to prevent displacement and promote truly inclusive growth. Councilmember Duncan moved to approve the resolution. The motion seconded by Councilmember Kell carried unanimously on roll call vote. (9-0-0) RESOLUTION NO. 9627 introduced by City Manager Dr. Robert M. Perez amending City of Topeka's policy for Reinvestment Housing Incentive Districts and rescinding Resolution Nos. 9379 and 9452, was presented. (Policy & Finance Committee recommended approval on January 28, 2025.) Danielle Twemlow stated although the RHID funds are not costing the City, they are not infinite. She recommended being diligent in setting parameters for its distribution to meet the needs of the community. Councilmember Duncan moved to approve the resolution. The motion seconded by Councilmember Kell carried unanimously on roll call vote. (9-0-0) DISCUSSION to consider naming and dedicating the City’s facility located at 3425 NW Water Works Drive, as the Jack Alexander Water Treatment Plant, was presented. Councilmember Duncan reported he introduced the resolution to recognize F.S. Jack Alexander for serving as a pivotal role in the City of Topeka and to honor him by naming the 2-18-25 60 City of Topeka Water Treatment Facility as the Jack Alexander Water Treatment Plant. Councilmember Ortiz recognized Jack Alexander as a mentor to many and spoke in support of the resolution. Councilmember Hiller spoke in support of the resolution and recognized the many contributions Jack Alexander made to the community. Councilmember Kell recommended looking at places within the community to recognize those who have made a difference in the city. PUBLIC COMMENT was provided by the following individuals: Richard Laird distributed a handout (Attachment B) and referenced code violations he received on his property and reported he was unable tom meet the deadlines due to bad weather. He recommended structural requirements not be addressed during the Winter Season. Sean Knittle referenced the February 11, 2025 Governing Body meeting agenda item concerning raising sales tax and stated he agrees with Councilmember Kell’s statement that the sales tax would affect everyone including those who travel to Topeka. He stated he would like to see the plan of how the Governing Body plans to spend the additional sales tax funds and spoke in support of allowing Citizens to make the choice in the matter. ANNOUNCEMENTS BY THE CITY MANAGER, MAYOR AND MEMBERS OF THE COUNCIL: Megan Brunson, Assistant City Clerk, provided an overview of the March 4, 2025 Governing Body Meeting agenda, and announced a Citizen Government Review Committee meeting would be held on February 19, 2025, from 6:00 p.m. to 8:00 p.m. and noted, the meeting would be held virtual due to inclement weather. Dr. Robert M. Perez, City Manager, thanked Staff for their work during the inclement 2-18-25 61 weather. Councilmember Hiller announced the February 19, 2025, Public Health and Safety meeting was cancelled due to inclement weather. Councilmember Valdivia-Alcala thanked Staff for keeping citizens safe during the severe weather conditions. Councilmember Kell commended Staff for the work they have done to keep streets clear. Councilmember Duncan announced he would host District 8 Open Office Hours on February 22, 2025, at 3:00 p.m. at Fairlawn Plaza. NO FURTHER BUSINESS appearing the meeting adjourned at 7:30 p.m. (SEAL) Brenda Younger City Clerk 2-18-25 62 Attachment A Attachment B