Governing Body

Governing Body Minutes – May 6, 2025 CITY COUNCIL CHAMBERS, Topeka, Kansas, Tuesday, May 6, 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, 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 May 6, 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 May 6, 2025 for attachment to the meeting minutes. AFTER THE MEETING WAS CALLED TO ORDER, the Invocation was provided by Councilmember Banks. THE PLEDGE OF ALLEGIANCE was recited by meeting participants. BOARD APPOINTMENT recommending the appointment of Miranda Chavez-Hazim to the NOTO Business Improvement District Advisory Board to fill a term ending May 6, 2027, was presented. (Council District No. 4) Councilmember Dobler moved to approve the appointment. The motion seconded by Councilmember Kell carried unanimously. The Mayor does not vote. (9-0-0) City of Topeka 4th Quarter Financial REPORT was provided by Josh McAnarney, Budget and Finance, Division Director. CONSENT AGENDA was presented as follows: 05-06-25 149  RESOLUTION NO. 9654 introduced by Councilmember Valdivia-Alcala granting Sacred Heart-St. Joseph Roman Catholic Parish an exception to the provisions of City of Topeka Code Section 9.45.150, et seq., concerning noise prohibitions, was presented. (Council District No. 2) RESOLUTION NO. 9655 introduced by Councilmember Valdivia-Alcala granting Kaw Valley Bank an exception to the provisions of City of Topeka Code Section 9.45.150, et seq., concerning noise prohibitions, was presented. (Council District No. 2) APPROVAL of CONTRACT NO. 52860 of a professional service contract amendment between the City of Topeka and WSP USA Inc., for providing professional engineering services for the design of sidewalks through right-of-way plans for NW Lyman Road from Vail to Tyler, was presented. (Project No. 701050.00) APPROVAL of CONTRACT NO. 52862 a professional service contract amendment between the City of Topeka and JEO Consulting Group, Inc., for providing the rehabilitation plans and design of three levee outfall structures, was presented. (Project Nos. 501012.13 and 161021.01) APPROVAL of the MINUTES of the regular meeting of April 1, 2025, April 8, 2025, and April 15, 2025, was presented. APPROVAL of the following Off-Premise Cereal Malt Beverage License applications, were presented: Business Name Address 29th St. Gas & Shop 1611 SE 29th St. ALDI #9 2320 NW Clay St. ALDI #54 1530 SW Arvonia Pl. ALDI #83 105 SW 29th St. California BP 2740 SE California Ave. Casey’s #2261 600 SE Rice Rd. 05-06-25 150  Business Name (continued) Address Casey’s #2312 4441 SE California Ave. Casey’s #3580 6741 SW 21st St. Casey’s #3971 2133 N Kansas Ave. Casey’s #4378 2611 SE California Ave. Casey’s #4477 1404 SW 17th St. Haag’s Express 1001 SW Wanamaker Rd. Holiday Square 66 2901 SW Topeka Blvd. Hy-Vee #1658 2951 SW Wanamaker Rd. Hy-Vee Gas 6011 SW 29th St. I70 BP 1000 SW Wanamaker Rd. Kick’s 66 3300 SW Gage Blvd. Lakeview 66 3000 SE Croco Rd. Max’s at Huntoon 1301 SW Gage Blvd. Oakmart BP 2518 NE Seward Ave. Quick Stop 5 3335 SW Gage Blvd. Sam’s Club #8176 1401 SW Wanamaker Rd. Seabrook Apple Market 1945 SW Gage Blvd. Supermart El Torito 3000 NW Topeka Blvd. Tony’s Quick Shop 1107 SW 6th Ave. Walmart #1802 1501 SW Wanamaker Rd. Walmart #2131 1301 SW 37th S.t Walmart #5441 2600 NW Rochester Rd. Walmart #6392 2630 SE California Ave. Walmart #6585 335 SW MacVicar Ave. White Lakes 66 931 SW 37th St. Councilmember Miller moved to approve the consent agenda. The motion seconded by Councilmember Hiller carried unanimously. (10-0-0) AN ORDINANCE introduced by City Manager Dr. Robert M. Perez, concerning parking in the downtown central business district, amending sections 10.05.010, 10.60.320, 10.60.330, 10.60.340, 10.60.150, 10.60.160, 10.60.200, 10.60.220 and 10.60.230 of the Topeka Municipal Code and repealing original sections, was presented. Jason Tryon, Deputy Public Works Director, provided a brief overview of the proposed changes. 05-06-25 151  Councilmember Dobler stated he believes there are three areas of parking that need to be considered including parking garages, parking along Kansas Avenue, and parking in the 100 blocks on either side of Kansas Avenue. He referenced the amount of General Fund money that has gone into the rehabilitation of parking garages; therefore, he would fully support parking garage rate increases. He spoke about the need to promote shopping in the downtown area by continuing to offer free parking along Kansas Avenue and would suggest establishing no parking meter zones along Kansas Avenue between 6th Avenue and 10th Street. Councilmember Miller inquired what the financial impact would be if the effective date was changed. Deputy Director Tryon stated the cost of parking on the 100 blocks generates approximately $100,000 per year and approximately $250,000 per year along Kansas Avenue. Councilmember Hiller stated the current parking ordinance provides the framework for Staff to set minimum and maximum rates. She suggested the City Council take sufficient time to evaluate the ordinance amendments in its entirety. Councilmember Duncan spoke in support of the City Council establishing parking rates as it would be a long-term policy decision. Councilmember Dobler moved to amend Section 5, Line 142 of the ordinance by adding the statement, “No Parking meter zones shall be established on Kansas Avenue between 6th Avenue and 10th Street.” The motion seconded by Councilmember Duncan carried. Councilmembers Hiller, Banks, Kell and Miller voted “no.” The Mayor does not vote. (5-4-0) Councilmember Dobler moved to adopt the ordinance as amended. The motion was seconded by Councilmember Duncan. 05-06-25 152  Councilmember Hiller distributed proposed amendments to the ordinance shifting the parking meters to parking time-limit zones along with other clerical changes for the purpose of consistency in parking terms. Dr. Robert M. Perez, City Manager, suggested the ordinance as amended, the companion resolution and Councilmember Hiller’s amendments be referred to the Policy and Finance Committee for further review. Councilmember Ortiz made a substitute motion to refer the ordinance as amended to the Policy and Finance Committee for further review. The motion seconded by Councilmember Miller carried unanimously. The Mayor does not vote. (9-0-0) A RESOLUTION introduced by City Manager Dr. Robert M. Perez to continue free parking through 2025, commencing and resuming metered parking on certain downtown streets in 2026, was presented. Councilmember Dobler moved to refer the resolution to the Policy and Finance Committee for further review. The motion seconded by Councilmember Valdivia-Alcala carried unanimously. (10-0-0) RESOLUTION NO. 9656 introduced by the Public Infrastructure Committee comprised of Councilmembers Sylvia Ortiz, David Banks and Neil Dobler amending the 2025-2034 CIP and the 2025-2027 CIB to add Project No. 701065.00 for Automatic Vehicle Location, was presented. (Public Infrastructure Committee recommended approval on April 15, 2025.) Steve Groen, Public Works Director, reported on April 15, 2025, the Public Infrastructure Committee approved the request by Staff to amend the 2025-2034 CIP and 2025-2027 CIB to include Project No. 701065.00 for installation of the Automatic Vehicle Location (AVL). The total project budget was $225,000 for the replacement of all necessary hardware, firmware, and 05-06-25 153 software for existing Automatic Vehicle Location (AVL) to use in City owned vehicles and equipment. Councilmember Dobler clarified the project would replace the system the City has had in place for 20 years and provide for transparency of City vehicle locations during emergencies and snow removal events. Councilmember Ortiz moved to approve the resolution. The motion seconded by Councilmember Banks carried unanimously. (10-0-0) RESOLUTION NO. 9657 introduced by the Public Infrastructure Committee comprised of Councilmembers Sylvia Ortiz, David Banks and Neil Dobler amending the 2025-2034 CIP and the 2025-2027 CIB to add Project No. 701071.00 for Road Scanning, was presented. (Public Infrastructure Committee recommended approval on April 15, 2025.) Steve Groen, Public Works Director, reported on April 15, 2025, the Public Infrastructure Committee recommended approval of the recommendation by Staff to amend the 2025-2034 CIP and 2025-2027 CIB, to include Project No. 701071.00 for Road Scanning for street-level right- of-way (ROW) imagery and LiDAR (or other technologies) collection, along with asset extraction and inventory services with a total project budget of $250,000. Councilmember Kell requested a copy of the Road Scanning report once it has been completed. Director Groen stated he would brief the Governing Body once the report when finalized. Braxton Copley, Deputy City Manager, stated the report would be uploaded to the Geographic Information System (GIS) where the public could view the results. Councilmember Banks moved to approve the resolution. The motion seconded by Councilmember Miller carried unanimously. (10-0-0) 05-06-25 154  AN ORDINANCE introduced by City Manager Dr. Robert M. Perez, updating anti- discrimination policies in the Topeka Municipal code, amending and repealing original Sections 2.105.010, 2.105.040, 2.105.050, 2.255.040, 3.30.440, 3.30.470, 3.30.480, 9.20.020 and 9.20.030 and repealing in their entireties Sections 2.20.120, 3.30.420 and 3.30.460, was presented. The Governing Body provided comments about diversity, equity and inclusion and spoke about the importance of continuing the work that needs to be done in the community. They explained adjustments and mandates are a direct result of elections across the country and they will continue to meet their obligations as a City to protect its citizens and comply with federal regulations to secure federal funding. Dr. Robert M. Perez, City Manager, stated the City continues to work towards compliance with a number of federal executive orders although being challenged across the nation. He reported the City will continue to work with agencies to ensure federal funding and grants are not jeopardized. He reminded citizens and the Governing Body that the City will continue to adhere to certain federal regulations concerning the Americans with Disabilities (ADA) Act and the Equal Employment Opportunity (EEO) Act. Curtis Pitts expressed concern with the need to be different than other cities across the nation and to have the ability to talk about diversity, equity and inclusion and the concept of race relations in the city of Topeka. He stated the pressure from Washington, D.C. should be used as an opportunity for cutting edge thinking outside the box. Danielle Twemlow stated it was her belief removing any antidiscrimination language from the Topeka Municipal Code was being obedient not compliant. She referenced the many court cases that have blocked executive orders at a federal level because why comply with orders 05-06-25 155 that have no legal clarity. She spoke to the need to consider the impact it will have on the community and its citizens. Vernon Jarboe stated he concurs with comments made by Governing Body members and spoke to the diversity of the Governing Body and what it stands for. He urged the Governing Body to vote in opposition of the proposed amendments at this time and instead, monitor the situation closely. Joe Cheray, City of Topeka ADA Advisory Council Chair, referenced her email sent to the Governing Body (Attachment A). She urged the Governing Body to reconsider and oppose the proposed ordinance amendments. Councilmember Duncan moved to refer the ordinance to the Policy and Finance Committee for further review. The motion seconded by Councilmember Dobler carried unanimously. (10-0-0) Councilmember Duncan announced the ordinance would be placed on an upcoming Policy and Finance Committee agenda. ORDINANCE NO. 20559 introduced by City Manager Dr. Robert M. Perez for the purpose of establishing funding for increased costs for the development project at 32nd Terrace and Topeka Boulevard, was presented. APPROVAL of CONTRACT NO. 52859 an Amended and Restated Development Agreement for implementation of the SW 32nd Terrace and SW Topeka Boulevard Community Improvement District (CID) and the SW 32nd Terrace and SW Topeka Boulevard Tax Increment Financing (TIF) Redevelopment Project Plan between the City of Topeka, Kansas, and 911 Walnut, Inc., was presented. 05-06-25 156  Rhiannon Friedman, Planning and Development Director, provided an overview of the proposal and stated approval would redirect 25% of the sales taxes revenues received by the City generated within the Project Area, as defined in Amended and Restated Development Agreement Dated as of May 13, 2025, from the City’s 1.0% general sales tax rate and 100% of the sales tax revenues received by the City and generated within the Project Area from the City’s 0.5% existing streets sales tax rate for a term commencing July 1, 2025 and ending on the same date as the 32nd Terrace and Topeka Boulevard CID Term. Councilmember Duncan stated approval would allow for additional sales tax to be generated in the district only. Councilmember Dobler reminded the Governing Body sales tax would be generated because of the proposals. Amanda Stanley, City Attorney, stated the proposal was being handled through the home rule ordinance process; however, it would generate the same result. Councilmember Kell expressed concern with the impact of the developments on the low to moderate income population. Councilmember Duncan stated he would support the proposal because they must be flexible with developers if they want to attract successful economic development to the city. Councilmember Dobler referenced the unexpected cost of improvements to Topeka Boulevard and the rising cost of construction. He noted the city would not be receiving these amenities if it was not for developers taking the total financial risk. Councilmember Dobler moved to adopt the ordinance and approve the development agreement. The motion seconded by Councilmember Duncan carried. Councilmember Kell voted “no.’ The Mayor does not vote. (8-1-0) 05-06-25 157  The ordinance was adopted on roll call vote as follows: Ayes: Councilmembers Hiller, Valdivia-Alcala, Ortiz, Banks, Miller, Dobler, Duncan, and Hoferer. Nays: Councilmember Kell. Following a 10-minute recess, DISCUSSION of the proposed 2026-2035 Capital Improvement Plan (CIP) and 2026-2028 Capital Improvement Budget (CIB), was presented. Sylvia Davis, Utilities Director, provided an overview of Utility CIP projects to include the Water Program, Water Main Replacement Program, Annual Water Programs, Water Treatment Plant Rehabilitation Projects, Hydrant and Valve Rehab and Replacements, Water Fleet Replacement, Zone Optimization Projects, Stormwater Program Overview, Annual Stormwater Programs, Stormwater Projects (Prairie Road and SE California Avenue & SE 4th Street), Levee Projects, Wastewater Programs, and the Annual Wastewater Programs. Councilmember Kell thanked Director Davis for the presentation and the work utility employees perform daily. Councilmember Dobler referenced years 2025-2027 and asked why revenue bonds were $28 million less in 2026. Director McAnarney reported the current Revenue Bond Debt was $307 million with a Debt Coverage Ratio of 1.85% - 1.9%, well above the City’s minimum. He stated the current amortization schedule will be distributed to the Governing Body for review. Councilmember Dobler asked Staff to report on how these projections will impact the total overall debt service for the City. Councilmember Duncan asked if there was a probability of eliminating entire pump stations with these types of repairs. Director Davis confirmed improvements of this nature will help realize efficiencies elsewhere. 05-06-25 158  PUBLIC COMMENT was provided by the following individuals: Henry McClure urged the Governing Body to allow public input at the Council committee level. He expressed concern with the Greater Topeka Partnership distributing tax dollars to charity. Lazone Grays distributed a handout (Attachment B) outlining the requirements of Housing and Urban Development (HUD) Section 3, which promotes training, employment, contracting, and other economic opportunities for the low and very low-income people. ANNOUNCEMENTS BY THE CITY MANAGER, MAYOR AND MEMBERS OF THE COUNCIL: Councilmember Ortiz announced 141 smoke alarms have been installed free of charge by the Topeka Fire Department in 2025. She urged citizens to contact her or Topeka Fire Chief Randy Phillips if they need to schedule installation of a free smoke alarm. She also announced East Topeka South, North, and East End Neighborhood cleanup events would take place on May 10, 2025. She commended Public Infrastructure Committee members for their hard work. Brenda Younger, City Clerk, announced a Citizen Government Review Committee meeting would be held May 7, 2025, in the City Hall First Floor Conference Room, 215 SE 7th Street, Topeka, from 11:00 a.m. to 1:00 p.m. She provided an overview of the May 13, 2025, Governing Body meeting agenda, Councilmember Kell announced May as National Mental Health Awareness Month and Military Appreciation Month. Councilmember Duncan stated when he serves as chair of Council Committees public input was allowed. He offered his condolences to the family of John Lee Hooker. He announced Topeka’s new professional Hockey Team would be named the Topeka Scarecrows. 05-06-25 159  Councilmember Hiller stated all Council Committees that she has served on allows public input. She announced on May 16, 2025, the City will host a Bike Ride with the City Manager. Mayor Padilla thanked Jane Murray, Executive Assistant, for organizing the military appreciation event on May 5, 2025, and the Topeka West High School Drill Team for performing at the event. He commended those that have served in the military past and present. Councilmember Miller moved to extend the meeting past 10:00 p.m. The motion seconded by Councilmember Kell carried. (9-0-0) Councilmember Miller moved to recess into executive session not to exceed 60 minutes to give legal advice on cases in litigation and other legal topics deemed privileged under the Attorney-Client Privilege as allowed under K.S.A. 75-4319(b)(2). The open meeting will resume in the Governing Body Chambers. The following staff will be necessary to assist the Governing Body in its deliberations, City Attorney Stanley and other staff members as needed. 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. Councilmember Ortiz voted “no.” (9-1-0) At the conclusion of the executive session, the meeting was 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 05-06-25 160  Attachment A Megan J. Brunson From: mjbrunson@topeka.org To: Brenda Younger Subject: RE: Repeal of DEi Policies - Ordinance Compliance With POTUS EO (LB 04.22 0900) From: Joe Cheray-Wildheart Social Media <j3cheray@gmail.com> Sent: Monday, May 5, 2025 10:28 PM Subject: Repeal of DEi Policies - Ordinance Compliance With POTUS EO (LB 04.22 0900) I Notice: -----This message was sent by an external sender----- I am writing to you within my role as chair of the ADA Council with the city of Topeka. I have read the proposed changes to the ordinance - for those who don't have a copy please see the attachment. The section on Policy is concerning. Where it says it is the policy of the city to provide equal opportunity when employing individuals and not to discriminate against any individual based on his/her age, color, disability, religion, sex,veteran status or any other factor protected by law ("protected class"). This shall apply to all personnel actions and procedures including, but not limited to, recruitment, hiring, training, transfer, promotion, compensation and other benefits. The section General Objectives item 2 is stricken out it says Develop special training programs to qualify persons within a protected class for beginning level positions and for advancement. By the first part of this change people with disabilities are a protected class, but then in the stricken out section protected class is not a consideration. So, from an ADA standpoint, individuals with disabilities require accommodations in the workplace. There needs to be someone to be trained on how to implement those needed accommodations for disabled workers. My question is how is that training going to be affected if the city isn't allowed to develop the special training programs that are needed for this? Let's take web accessibility for a new employee who needs visual aides to do their job for a great example of this. Will a current trainer not have the tools to know that the new employee may need a screen reader and where to get one and how to install it and use it? Will a trainer not be required to know how to insert alt text into an image to make images more accessible for a visually impaired worker. Next let's take a look at brick and mortar businesses? Will a business not be able to be trained on the ADA requirements needed for a brick and mortar business? Will contractors not have to be trained on how to install and construct ADA accessible features into a brick and mortar building and outlying infrastructure? These are things we need to be looking at when it comes to changing the DEi ordinance as it is written vs the proposed changes. When I talked to Dr. Perez at the meet the city manager candidates event at Hotel Topeka I asked him if he would work with the city to ensure that the needs of disabled Topekans are being met. He assured me he would. The other question I have is what is the breakdown of the funding that is in jeopardy of the city losing? I believe the RAISE grant is in a holding pattern due to disruptions in the agency that the grant is housed in. Is that part of the funding that the city would be losing out on? The public needs to know what the breakdown is of the funding we are looking at losing? The recent news story that KSNT did on this did not specify any of this. They did provide the document of the proposed changes to the ordinance. 1 4/24/25, 11 :44 AM Section 3 - HUD Exchange Attachment B Section 3 The Section 3 requirements help promote training, employment, contracting, and other economic opportunities to low- and very low-income persons. L e a r n a b o u t Section 3 (https://www.hud.gov/section3/) Inf /) > Pr rams (https://www.hud xchan1e,lnfo/pro ram /) > S etlon Overview Each year, HUD invests billions of federal dollars into distressed communities across the country for projects. Projects include: • Building and rehabilitating housing • Improving a variety of infrastructures • Building community centers • Helping fa mi lies achieve stability and advancement The Section 3 program requires recipients of HUD funding to direct employment, training, and contracting opportunities to low-income individuals and the businesses that employ these persons within their community. Section 3 is a provision of the HUD Act of 1968 and is found at 12 U.S.C. 1701 u. The regulations are found at 24 CFR Part 75. Per this statutory language, recipients of HUD funds (i.e, grantees and contractors) ensure that "to the greatest extent feasible," when certain HUD funds _are used to assist housing and community development projects, pr ferenc:e for constructlon mrelated training, Jobs, and contractin o ortunltles go to low- and very.low income people and to businesses that ar owned by low· and very-low income persons or businesses that hire them. These opportunities are both sex and race neutral. Lazone Grays Handout ·IH