Governing Body

Governing Body Minutes – July 15, 2025 CITY COUNCIL CHAMBERS, Topeka, Kansas, Tuesday, July 15, 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 Valdivia-Alcala, Hiller, Ortiz, Banks, Kell, Dobler, Duncan and Hoferer - 8. Mayor Padilla presided -1. Absent - Councilmembers Miller - 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 July 15, 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 July 15, 2025, for attachment to the meeting minutes. AFTER THE MEETING WAS CALLED TO ORDER, the Invocation was provided by Councilmember Duncan. THE PLEDGE OF ALLEGIANCE was recited by meeting participants. CONSENT AGENDA was presented as follows: RESOLUTION NO. 9693 introduced by Councilmember Karen Hiller, granting Dean Patel an exception to the provisions of City of Topeka Code Section 9.45.150, et seq., concerning noise prohibitions, was presented. (Council District No. 1) RESOLUTION NO. 9694 introduced by Councilmember Karen Hiller, granting Jonte' Gold an exception to the provisions of City of Topeka Code Section 9.45.150, et seq., concerning noise prohibitions, was presented. (Council District No. 1) 07-15-25 255  ORDINANCE NO. 20574 introduced by City Manager Dr. Robert M. Perez, allowing and approving City expenditures for the period May 31, 2025 to June 27, 2025 and enumerating said expenditures therein, was presented. ORDINANCE NO. 20575 introduced by City Manager Dr. Robert M. Perez, removing certain real property from the Dynamic Core Redevelopment District, was presented. APPROVAL of a professional engineering contract between the City of Topeka and Finney and Turnipseed, Transportation and Civil Engineering, LLC for the 2025 Biennial Bridge Inspection process, including inventory and appraisal of urban secondary and off-system bridges, was presented. CONTRACT NO. 53009 of a professional engineering contract between the City of Topeka and SBB Engineering LLC, for the design and construction documents related to the roadway improvement project for the Shadywood West Neighborhood CIP No. 841098.05, was presented. APPROVAL of the Minutes of the regular meeting of July 8, 2025, was presented. Councilmember Kell moved to approve the consent agenda. The motion seconded by Councilmember Duncan carried unanimously. (9-0-0) Public Hearing to consider the PUBLIC establishment of the 30th and Topeka Boulevard Tax HEARING Increment Finance (TIF) Redevelopment District for property located at 2950 SW Topeka Boulevard, Topeka, Kansas. ORDINANCE NO. 20576 introduced by City Manager Dr. Robert M. Perez, establishing a Tax Increment Finance Redevelopment District within the City (30th and Topeka Boulevard) pursuant to K.S.A. 12-1770 et. seq., was presented. 07-15-25 256  Rhiannon Friedman, Planning and Development Director, reported the general nature of the proposed TIF project was to promote the redevelopment and revitalization of a commercial development of approximately 2.66 acres located at the Northeast corner of SE Topeka Boulevard and 30th Street. She noted the project application contemplates the demolition of the existing structures and construction of new retail spaces. Councilmember Duncan asked if this district was continuous to other area Improvement Districts. Director Friedman stated she would confirm and report back to the Governing Body. Mayor Padilla asked if there was anyone present who would like to speak about the matter. Bob Johnson, Polsinelli Law Firm, spoke on behalf of the applicant and in support of the rehabilitation of Meadow Acres Inn located near 30th Street and Topeka Boulevard. He provided a brief overview of the improvement district plans for the area and asked the Governing Body for their support to move forward with the TIF and CID projects. Upon no one else appearing, the public hearing was closed. Councilmember Dobler moved to adopt the ordinance. The motion seconded by Councilmember Kell carried. (9-0-0) The ordinance was adopted on roll call vote as follows. Ayes: Councilmembers Hiller, Valdivia-Alcala, Ortiz, Banks, Kell, Dobler, Duncan, Hoferer, and Mayor Padilla – 9. PUBLIC HEARING Public Hearing to consider the advisability of establishing a Community Improvement District (CID) at 30th and Topeka Boulevard, pursuant to K.S.A. 12-6a26 et seq., was presented. 07-15-25 257  Rhiannon Friedman, Planning and Development Director reported on August 12, 2025, the CID, TIF, project plan and Development Agreement would be considered by the Governing Body. She noted Staff has been working closely with BDC and their consultants to finalize the Development Agreement. Mayor Padilla asked if there was anyone present who would like to speak about the matter. Upon no one appearing, the public hearing was closed. ORDINANCE NO. 20577 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, by providing for certain changes in zoning on property located at the northwest intersection of SE 21st Street and SE Adams Street from “M-1” Two-Family Dwelling District and “M-2” Multiple-Family Dwelling District to “C-2” Commercial District, was presented. (Z25/04) (Council District 3) Dan Warner, Planning Division Director, reported the applicant intends to develop a convenience store and gas station on the property. A Neighborhood Information Meeting was conducted on May 29, 2025, and seven community members attended the meeting and expressed concerns about the traffic impacts of commercial development at this location which has been addressed in the Staff Report. He stated the Planning Commission and Staff recommend approval. Councilmember Ortiz asked if approval would cause property values to decrease. She stated she spoke with the applicant about traffic concerns and commercial lighting and noted the developer has assured her it would be a clean and safe development. 07-15-25 258  Director Warner stated it was likely property values would not decrease; however, he would advise that she contact the Shawnee County Appraiser to confirm as residential and commercial properties are not appraised in the same manner. 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 Hiller, Valdivia-Alcala, Ortiz, Banks, Kell, and Duncan. Councilmember Kell spoke about how the development would benefit the area. Councilmember Banks moved to approve the ordinance. The motion seconded by Councilmember Kell carried. (9-0-0) The ordinance was adopted on roll call vote as follows. Ayes: Councilmembers Valdivia- Alcala, Hiller, Ortiz, Banks, Kell, Dobler, Duncan, Hoferer, and Mayor Padilla - 9. ORDINANCE NO. 20578 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, by providing for certain changes in zoning on a 16-acre property located near the southeast intersection of NW Lyman Road and NW Vail Avenue from “R-1” 07-15-25 259 Single Family Dwelling District all to “M-1” Two Family Dwelling District, was presented. (Z25/03) (Council District No. 2) Dan Warner, Planning Division Director, stated the request to rezone 16 acres of land to accommodate 40 duplexes (80 dwelling units) at a density of five dwelling units per acre and was consistent with the North Topeka West Neighborhood Plan. A Neighborhood Information meeting was held on May 28, 2025, and one person attended the meeting in addition to the applicant. The Planning Commission and Staff recommended 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 Councilmembers Valdivia-Alcala, Ortiz and Kell. Councilmember Valdivia-Alcala moved to adopt the ordinance. The motion seconded by Councilmember Ortiz carried. (9-0-0) The ordinance was adopted on roll call vote as follows. Ayes: Hiller, Valdivia-Alcala, Ortiz, Banks, Kell, Dobler, Duncan, Hoferer, and Mayor Padilla – 9. RESOLUTION NO. 9695 introduced by City Manager Dr. Robert M. Perez, amending City of Topeka's policy for Reinvestment Housing Incentive Districts to add Capitalization Rate 07-15-25 260 Criteria and rescinding Resolution No. 9627, was presented. (Policy and Finance Committee recommended approval on July 8, 2025.) Braxton Copley, Deputy City Manager, stated the City established a policy governing the use of Reinvestment Housing Incentive Districts (RHID) and one of the critical factors of the application process was the use of the “But For” test to determine whether the project would not be able to proceed without the use of the RHID incentive. He reported as part of the review of the City’s RHID policy it was determined that certain types of developments should be prioritized or incentivized; therefore, the proposed revisions to the policy incentivizes certain types of development by allowing for a higher capitalization rate to be used in determining the appropriate amount of incentive under the “But For” test to include the following: • Downtown Redevelopment • Workforce Housing • Affordable Housing • Historically Undeveloped Areas • Blighted Areas • Restrictive Covenants Councilmember Dobler thanked Staff for introducing the changes. He stated that without an investment there would not be an increment on taxes, and there are many areas in the community that are in desperate need of redevelopment. Councilmember Dobler moved to approve the resolution. The motion seconded by Councilmember Duncan carried unanimously. (9-0-0) RESOLUTION NO. 9696 introduced by the Public Infrastructure Committee comprised of Councilmembers David Banks, Sylvia Ortiz and Neil Dobler, amending the 2025-2027 CIB and 2025-2034 CIP to provide additional funding for Project No. 701039.00 for street 07-15-25 261 improvements to SE 29th Street from Kansas Avenue to Adams Street, was presented. (The Public Infrastructure Committee recommended approval on July 15, 2025.) Steve Groen, Public Works Director, stated the Public Infrastructure Committee recommended approval to provide additional funding for a total project budget of $8,153,299 for street improvements, utility improvements, traffic signal installation and bridge repair on SE 29th Street from Kansas Avenue to Adams Street. He noted the increase was directly related to daily fee increases by Burlington Northern Santa Fe Railroad. Councilmember Valdivia-Alcala inquired about what repairs will be made to the Burlington Northern Santa Fe Bridge. Director Groen clarified they will be making repairs to the box culvert as well as the watermain underneath the box culvert on the Burlington Northern Santa Fe Bridge located on 29th street. Councilmember Kell moved to approve the resolution. The motion seconded by Councilmember Banks carried unanimously. (9-0-0) RESOLUTION NO. 9697 introduced by the Public Infrastructure Committee comprised of Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of Project No. 701039.00 for street improvements on SE 29th Street from Kansas Avenue to Adams Street, was presented. (The Public Infrastructure Committee recommended approval on July 15, 2025.) Steve Groen, Public Works Director, stated that the Public Infrastructure Committee recommended approval of additional funding for a total project budget of $4,024,050 for street improvements to SE 29th Street from Kansas Avenue to Adams Street. 07-15-25 262  Councilmember Dobler moved to approve the resolution. The motion seconded by Councilmember Duncan carried unanimously. (9-0-0) ORDINANCE NO. 20580 introduced by City Manager Dr. Robert M. Perez levying special assessments on certain property to pay the acquisition costs of certain improvements in the City of Topeka, Kansas, including costs authorized by K.S.A. 10-116a, as heretofore authorized by Ordinance No. 20556; and providing for the collection of such special assessments, was presented. Braxton Copley, Deputy City Manager, reported the proposed ordinance would allow the refinancing and redistribution of special assessments on the Lauren's Bay lots over a new 20- year timeframe which will allow the existing specials to go from $300 a month to $185 a month for future property owners. He stated the negotiated development agreement regarding certain lots in Lauren's Bay would be contingent on the establishment of a Community Improvement District (CID). Additionally, the CID could also apply to the three City-owned lots purchased at the 2024 Shawnee County Tax Foreclosure Sale. Danielle Twemlow expressed her confusion as to how this would save money for future homeowners and referenced current special assessment amounts listed on the Shawnee County Appraiser’s website being much lower than the amount referenced by City Staff. She spoke in opposition to allowing the developer to move forward with the project. Councilmember Valdivia-Alcala stated she will not support any development proposed by Jim Klausman until he pays his delinquent taxes and is treated in the same manner as other taxpayers. 07-15-25 263  Henry McClure stated he concurs with Councilmember Valdivia-Alcala. He expressed concern with the full faith and credit backing of the City after not collecting taxes on the property for 10 years. He asked the Governing Body to approve the ordinance subject to foreclosure if the lots are not developed. Councilmember Ortiz asked Staff to confirm if the property will revert to the Land Bank if the developer fails to pay the property taxes. She also asked Staff to confirm if the neighbors support implementing the CID. Councilmember Kell asked Staff to explain why the specials are lower on these lots compared to other lots located in Lauren’s Bay. He stated he believes this proposal seems to be the best option at this time and noted there are several developers within the city that need to develop properties. Deputy City Manager Copley reported that State law dictates the process and provides the County with the ability to foreclose on the property for delinquent property taxes. If the Developer fails to follow the terms of the agreement the 13 properties would revert to the Land Bank. He stated that the Developer will pay close to $530,000 to cover the past due specials and the remaining portion will go to the future specials. The specials cover multiple infrastructure improvements including streets, water, sewer, and pond improvement, and due to the fact the Developer placed complete responsibility of the costs of infrastructure improvements on the property owners the specials are incredibly high. Establishing the Community Improvement District (CID) and Reinvestment Housing Incentive District (RHID) will begin the process of redistributing the funds from Escrow and lower specials. 07-15-25 264  Councilmember Dobler explained if the Developer were in default of the agreement approval would allow future development of the properties for any developer and would assist future property owners to have specials that are reasonable. Councilmember Hiller asked for further clarification of the refinancing and redistribution of the specials. Deputy City Manager Copley stated there are currently 10 years left on the original specials and by approving the proposed ordinance and establishing the CID and RHID the 10 years of specials would be spread out over a 20-year time frame as if they were new specials. Councilmember Dobler moved to adopt the ordinance. The motion seconded by Councilmember Kell carried. Councilmember Valdivia-Alcala voted “no.” (8-1-0) The ordinance was adopted on roll call vote as follows. Ayes: Councilmember Hiller, Ortiz, Banks, Kell, Dobler, Duncan, Hoferer and Mayor Padilla - 8. Nays: Councilmember Valdivia-Alcala – 1. ORDINANCE NO. 20579 concerning the Agreement of the Governing Body with the City of Topeka Land Bank to defer City special assessments to certain property in the Land Bank until said special assessments are re-amortized by the Community Improvement District (CID), was presented. Braxton Copley, Deputy City Manager, reported that the Land Bank purchased the three properties at the 2024 Shawnee County Tax Foreclosure Sale, and the special assessments remain tied to the properties unless by agreement the Land Bank and Governing Body agree to defer or re-amortize the specials assessments pursuant to K.S.A. 12-5909(e). He stated 07-15-25 265 authorization would have a neutral fiscal impact as the payments will be made by the property owners. Councilmember Dobler moved to suspend the Governing Body Rules and add the ordinance to the agenda for consideration. The motion seconded by Mayor Padilla carried. Councilmember Valdivia-Alcala voted “no.” (8-1-0) Councilmember Valdivia-Alcala shared concerns about how the Land Bank will be used by the Developer and stated she will not be in support. Councilmember Hiller inquired if the proposed ordinance specifically relates to the three lots purchased by the Land Bank. Deputy Manager Copley confirmed that the ordinance does pertain to the three lots. Councilmember Dobler moved to adopt the ordinance. The motion seconded by Councilmember Duncan carried. Councilmember Valdivia-Alcala voted “no.” (8-1-0) The ordinance was adopted on roll call vote as follows. Ayes: Councilmember Hiller, Ortiz, Banks, Kell, Dobler, Duncan, Hoferer and Mayor Padilla - 8. Nays: Councilmember Valdivia-Alcala – 1. DISCUSSION related to the City of Topeka 2026 Operating Budget, was presented. Josh McAnarney, Budget and Finance Division Director, stated Staff was seeking direction from the Governing Body on appropriate options for the 2026 City mill rate and as discussions continue through the months of August and September the 2026 Proposed Budget and all supplemental information will be available online at https://www.topeka.org/finance/budget/. 07-15-25 266  He provided an overview of the following budget information: • Revenue by Category Summary for the General Fund: Revenue Sources to include Property Taxes, Motor Vehicle Taxes; Sales Tax, Franchise Fees, PILOTs and Fees for Service Items, Liquor Tax from the State • General Fund Income Statement Summary • General Fund Expense Information • Projected General Fund Reserve Information • Summary of Other Major Funds • Other Fund Considerations: 1. Transfer Health Insurance Fund: $2.2 million ($1.75 million from Workers Compensation Fund and $450,000 from the Risk Reserve Fund) 2. Transfer Special Highway Fund: $2 million from Retirement Reserve Fund 3. Parking: Expenses are outpacing revenues in this fund 4. Information Technology: (1) Add Chief Information Security Officer Position (2) Add Scanning Software costing approximately $40,000 • Future Policy Considerations: 1. FY2026 Budget is Balanced 2. FY2027 General Fund Project Deficit is $13 million. Additional Revenue enhancements and Expense reductions will have to be considered to balance future budgets. 3. Other Considerations. (1) Fully recover costs associated with development permit services generating approximately $600,000 (2) Sales Tax Initiative (3) Additional transfers from other funds. PUBLIC COMMENT was provided by the following individuals: Henry McClure stated there should be no issue with stating names of developers regarding discussions. He referenced his disappointment with being required to pay $1,400 for a copy of redacted emails between Jim Klausman and Braxton Copley for the past 10 years. He expressed concern with the lack of transparency of how economic development funds are allocated and who approved those funds. John Federico, Owner and Managing Parter of Celtic Fox, thanked the City Manager and Staff for their transparency regarding the recently approved parking ordinance for the downtown area. As an owner of a 20-year business in the downtown area he raised concerns about the 07-15-25 267 effects the approval of the ordinance will have on Downtown Topeka. He inquired on the criteria that was used when assessing the fees for businesses on Kansas Avenue compared to the businesses on the outlining 100 blocks, as they all fall under the Tier 1 category. He asked the Governing Body to reconsider the policy and find a better solution for consumers and businesses downtown. ANNOUNCEMENTS BY THE CITY MANAGER, MAYOR AND MEMBERS OF THE COUNCIL: Brenda Younger, City Clerk, announced the next Governing Body meeting would be held on August 12, 2025, and the August 5, 2025, Governing Body meeting has been cancelled due to primary elections. She also announced a Topeka Development Corporation Board meeting would be held on August 12, 2025, in the City Council Chambers prior to the Governing Body meeting. Councilmember Duncan asked Staff what the fiscal impact would be if the parking meters on 6th, 7th, 8th, and 9th Streets between Kansas Avenue and Jackson Street, and Kansas Avenue and Quincy Street were converted to two-hour parking spaces. He announced the action taken at the July 15, 2025, Topeka Development Corporation (TDC) Board meeting held prior to the Governing Body meeting, to include approval of a letter of intent to sell Hotel Topeka. He stated that sale commits and upholds the pledge that he and many on the Governing Body made when it was purchased, that it would be sold and taxpayers’ money would not be used to renovate it and that the Governing Body would make the taxpayers whole. He noted, this was the best offer the Governing Body received and there were other offers but none of those made the taxpayers whole, many not only wanted to pay half or less of what has been invested in or wanted to retain the CID. He reported this deal gets expenses out of the general fund while 07-15-25 268 guaranteeing all payments are covered with other dollars and that the taxpayers recoup the funds put into the maintenance while under City ownership. He also reported the sale was to a reputable Hotelier with an industry portfolio that provides a name brand flag to the Hotel and ensures a bright future for the City’s only large conference center which was essential for a Capital city. He continued to report the sale keeps current businesses in Topeka; it brings businesses back to the Capital city; it supports other hotels, restaurants and retail establishments all of who were supportive of the City making the initial move to support their businesses in Topeka; it brings in new sales tax revenue; and protects the investment made by the County on behalf of taxpayers to the tune of more than $50 million at the Stormont Vail Events Center. He expressed his confidence that the County would work out an agreement with the individual and do their part to get Manor Conference Center back in operation to the same standards. He looks forward to the City of Topeka moving forward with the process and having a very profitable facility that will also bring in additional sales tax revenue. Councilmember Hoferer announced the Topeka Zoo will be partnering with B&B Theatres on July 23, 2025, at 7:00 p.m. and July 24, 2025, at 1:00 p.m., to show the Disney Natures Program “Tigers.” All proceeds will be donated to the new Zoo Tiger Exhibit. Councilmember Hiller thanked John Federico for his comments related to parking in the downtown area as a business owner. She stated they are working to implement a parking policy allowing free parking for the first two hours in parking garages for the purpose of encouraging people to utilize parking garages instead of parking on Kansas Avenue. She urged Staff to make sure all attachments are included when the preliminary Governing Body agenda was distributed allowing Governing Body members ample time to review the information. 07-15-25 269  Councilmember Valdivia-Alcala announced the 92nd Annual Fiesta Mexicana would take place the week of July 14-20, 2025. Councilmember Ortiz announced the various Fiesta Mexicana events taking place in the city during the week of July 14-20, 2025. Councilmember Banks requested clarification from Staff on the differential of amounts for special assessments on Lauren’s Bay. Councilmember Kell announced he has been traveling with the United States Military War Dogs Baseball Team, an active duty and Veteran baseball team with a mission to support the Military, by giving back to the Veterans and honor the fallen. Mayor Padilla encouraged citizens to participate in the 92nd Annual Fiesta Mexicana celebration specifically the art exhibit. NO FURTHER BUSINESS appearing the meeting adjourned at 7:50 p.m. (SEAL) ______________________________ Brenda Younger, City Clerk, M.M.C. 07-15-25 270