Governing Body

Governing Body Minutes – May 20, 2025 CITY COUNCIL CHAMBERS, Topeka, Kansas, Tuesday, May 20, 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, Ortiz, Banks, Kell, Miller, Dobler, Duncan and Hoferer - 8. Mayor Padilla presided –1. Absent: Councilmember Valdivia-Alcala -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 20, 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 20, 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. AN UPDATE on the Topeka Tourism Business Improvement District (TBID) 2026 Budget and Services, was provided by Kurt Young, Topeka Lodging Association Executive Director. CONSENT AGENDA was presented as follows: RESOLUTION NO. 9662 introduced by City Manager Dr. Robert M. Perez, authorizing the initiation of a lawsuit to attempt the recovery of damages from a vehicle accident, was presented. 05-20-25 174  APPROVAL of the MINUTES of the regular meeting of May 13, 2025, was presented. Councilmember Miller moved to approve the consent agenda. The motion seconded by Councilmember Kell carried unanimously. (9-0-0) ORDINANCE NO. 20561 introduced by City Manager Dr. Robert M. Perez, providing for a nonexclusive franchise to Event Medical Solutions Unlimited, LLC to operate an ambulance service within the City of Topeka until December 31, 2026, was presented. Amanda Stanley, City Attorney, reported the ordinance was discussed at the meeting of May 13, 2025, and Staff was recommending approval. Councilmember Dobler 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, Ortiz, Banks, Kell, Miller, Dobler, Duncan, Hoferer, and Mayor Padilla -9. ORDINANCE NO. 20562 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 property located along the east side of SE Fremont lying between SE 29th and SE 31st Streets containing 14.9 acres from “PUD” Planned Unit Development (Multiple Family Dwellings), R-1 Single Family Dwelling District and “M-3” Multiple Family Dwelling District all to “PUD” Planned Unit Development (M-2 Multiple Dwelling District and C-2 Community Center and neighborhood retail commercial uses.), was presented. (PUD 25/04) (Council District No. 3) Dan Warner, Planning Division Director, reported approval would allow a two phased development including 1, 2, and 3, bedroom apartments (9 buildings), common open space and 05-20-25 175 parking on 10 acres to be completed in Phase 1. He stated the Planning Commission and Staff recommend approval. Councilmember Ortiz thanked the applicant for the proposal. She stated she believes it has been long-overdue, and she looks forward to the positive impact the development will have on the area. Councilmember Hiller spoke in support of the project and noted it will be exciting to watch the area transform. Mayor Padilla stated 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 comments made during the Planning Commission hearing and similar relevant information related to the matter. Ex parte communication was declared by Councilmembers Ortiz, Kell, Duncan and Banks. 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, Ortiz, Banks, Kell, Miller, Dobler, Duncan, Hoferer, and Mayor Padilla -9. RESOLUTION NO. 9663 introduced by City Manager Dr. Robert M. Perez, in accordance with Section 18.60.010 of the Topeka Municipal Code, approving a Conditional Use 05-20-25 176 Permit for a "Public Utility Facility Type II" (sanitary sewer pump station) on property located at 3559 SE Shoreline Drive and zoned "R-1" Single-Family Dwelling District, all being within the City of Topeka, Shawnee County, Kansas, was presented. (CU25/01) (Council District No. 4) Dan Warner, Planning Division Director, reported approval would allow the City of Topeka Utilities Department to replace the existing sanitary sewer pump station within the easement in the rear yard of the residence. He stated the Planning Commission and Staff recommend approval. Mayor Padilla stated 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 comments made during the Planning Commission hearing and similar relevant information related to the matter. Ex parte communication was declared by Councilmember Ortiz. Councilmember Dobler moved to approve the resolution. The motion seconded by Councilmember Banks carried unanimously. (9-0-0) RESOLUTION NO. 9664 introduced by City Manager Dr. Robert M. Perez, in accordance with Section 18.60.010 of the Topeka Municipal Code, approving a Conditional Use Permit for a "Public Utility Facility Type II" (sanitary sewer pump station) on property located at 3305 SE West Edge Road and zoned "R-1" Single-Family Dwelling District, all being within the City of Topeka, Shawnee County, Kansas, was presented. (CU25/02) (Council District No. 4) 05-20-25 177  Dan Warner, Planning Division Director, reported approval would allow the City of Topeka Utilities Department to replace the existing sanitary sewer pump station within the easement in the rear yard of the residence. He stated the Planning Commission and Staff recommend approval. Mayor Padilla stated 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 comments made during the Planning Commission hearing and similar relevant information related to the matter. Ex parte communication was declared by Councilmember Ortiz. Councilmember Kell moved to approve the resolution. The motion seconded by Councilmember Banks carried unanimously. (9-0-0) ORDINANCE NO. 20563 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 property located at 2030 SE 41st Street FROM “R-1” Single Family Dwelling District TO “PUD” Planned Unit Development allowing seasonal sale of fireworks in addition to uses permitted by the standards of R-1 zoning, was presented. (PUD 25/05) (Council District No. 4) Dan Warner, Planning Division Director, reported approval would allow seasonal sales of fireworks on the site and rezoning the property as PUD was the only avenue to allow retail sales 05-20-25 178 while prohibiting uses allowed under Commercial zoning. He stated the seasonal sale of fireworks was not anticipated to have any substantial negative effect on neighboring owners and residents in large part because of the sparsely developed nature of the surrounding area. He also stated the Planning Commission and Staff recommend approval. Councilmember Duncan referenced the resources and Staff time involved in processing the request and suggested Staff research how this type of seasonal activity and others, could be handled administratively through the City’s permitting process. Councilmember Banks spoke in support of the request. He expressed concern about how long it took to find a solution to what seemed like a simple request. He thanked Staff for finding a way the Church could sell fireworks in their church parking lot. Councilmember Miller stated that he concurs with comments made by Councilmembers Duncan and Banks. Councilmember Kell stated he concurs with comments about making the process easier; however, he does not want to lose sight of the safety aspect of the process regarding the sale of fireworks. Councilmember Hiller suggested Staff consider adding these types of requests to the City’s Special Event process. Amanda Stanley, City Attorney, stated she would research the development codes of other cities and work with Staff on possible revisions. Mayor Padilla stated 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, 05-20-25 179 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 comments made during the Planning Commission hearing and similar relevant information related to the matter. Ex parte communication was declared by Councilmember Banks. Councilmember Banks moved to adopt the ordinance. The motion seconded by Councilmember Duncan carried unanimously. (9-0-0) The ordinance was adopted on roll call vote as follows: Ayes: Hiller, Ortiz, Banks, Kell, Miller, Dobler, Duncan, Hoferer, and Mayor Padilla -9. Megan Brunson, Assistant City Clerk, announced Agenda Item 4F., the resolution concerning the funding request for Hotel Topeka was withdrawn from the agenda by City Manager Dr. Robert M. Perez, and placed on the Governing Body Meeting agenda of June 3, 2025. APPROVAL of a professional services contract renewal between the City of Topeka and Kansas Legal Services, Inc., (KLS) for continuing to provide administration of the eviction defense program for the Housing Services Division, was presented. Rhiannon Friedman, Planning and Development Director, stated the ordinance was discussed at the meeting of May 13, 2025, and Staff was recommending approval. Councilmember Hiller spoke in support of renewing the services. She stated the focus was not necessarily to just replace funding for the same services but instead, to expand the availability of those services by increasing the educational aspect of the process by KLS – which they are willing to do. She reported it was the goal of the “Changing Our Culture of Property Maintenance Initiative” for cases to never get filed through the increase of process education. 05-20-25 180  Councilmember Miller moved to approve the contract. The motion seconded by Councilmember Hiller carried unanimously. (9-0-0) DISCUSSION concerning the proposed 2026-2035 Capital Improvement Plan (CIP) and 2026-2028 Capital Improvement Budget (CIB), was presented. Josh McAnarney, Budget and Finance Division Manager, stated this would be the final discussion on the CIP and CIB before being considered for action on June 3, 2025. He reminded the Governing Body that the document was fluid and simply a plan for the future, since all project budgets exceeding $250,000 would need approval from the Public Infrastructure Committee as well as the Governing Body. Councilmember Hiller stated it was her hope they would trim the overall cost of bonding as much as possible and that any bucket projects that have fixed project budget amounts for upcoming years are itemized. She expressed the importance of making sure projects are being tracked and completed as scheduled. PUBLIC COMMENT was provided by the following individuals: Danielle Twemlow spoke to the details of the police shooting resulting in the death of Taylor Lowrey. She referenced the mental health aspect of Mr. Lowrey’s case and the need for increased de-escalation training by police officers and how to handle mental health crisis situations. Henry McClure referenced the vacant hotel located next to the Shawnee County Department of Corrections at 501 SE 8th Avenue, Topeka, and stated he has an idea of how to build 250 apartments if the City would work with him and eliminate the “but for” test in City policy and instead follow State law. He spoke about the need for the City to conduct business differently and offered to surrender his salary if elected Mayor of the city of Topeka. 05-20-25 181  Lazone Grays distributed a handout about Kansas YouthWORKS (Attachment A) and spoke to the importance of creating a work-based learning opportunity for students, schools and businesses in the community. ANNOUNCEMENTS BY THE CITY MANAGER, MAYOR AND MEMBERS OF THE COUNCIL: Megan Brunson, Assistant City Clerk, announced the following meetings: • On May 21, 2025, a Citizen Government Review Committee meeting will be held in the City Hall First Floor Conference Room, 215 SE 7th Street, Topeka from 6:00 p.m. to 8:00 p.m. • On June 2, 2025, a Topeka Development Corporation Board of Directors meeting will be held in the City Council Chambers, 214 SE 8th Street, 2nd Floor, Topeka from 5:30 p.m. to 7:30 p.m. Councilmember Kell announced May was Mental Health Awareness Month. He encouraged people to be a positive influence in people’s lives. Councilmember Miller spoke about the positive impact former Highland Park High School Basketball Coach Mike Williams has had on students and youth in the community. Councilmember Duncan stated the Topeka Housing Trust Fund Committee will begin working in June 2025. Councilmember Hoferer announced the Topeka Zoo & Conservation Center’s Dinosaurs Alive Exhibit will open May 24, 2024. She also announced the Topeka Zoo & Conservation Center will host a fundraising event featuring National Geographic photographer Joel Sartore on June 14, 2025, at Washburn University’s White Concert Hall. Councilmember Hiller thanked Williams Magnet School for inviting her as a guest speaker. She stated she enjoyed discussing neighborhood building ideas with students. She commented on the various events surrounding the 71st anniversary of the landmark Supreme Court case, Brown v. Board of Education of Topeka during the week of May 17, 2025. 05-20-25 182  Councilmember Ortiz thanked former Highland Park High School Basketball Coach Mike Williams for his service to the community. She recognized the Neighborhood Improvement Associations that continue to work hard and serve as the backbone of the Low to Moderate Income communities. She invited Governing Body members to join her in touring the Topek Center for Advanced Learning & Careers (TCALC) facility on May 22, 2025, at 1:00 p.m. Mayor Padilla thanked the public for their continued support and participation in the Downtown Plaza events. Councilmember Hiller moved to recess into executive session not to exceed 45 minutes to discuss current cases in active litigation which is 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. The motion was seconded by Councilmember Duncan. 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.” (8-1-0) At the conclusion of the executive session, the meeting was reconvened into an open session and Mayor Padilla announced no action was taken during the executive session. NO FURTHER BUSINESS appearing the meeting adjourned at 7:55 p.m. (SEAL) ______________________________ Brenda Younger, City Clerk, M.M.C. 05-20-25 183 Attachment A