Governing Body

Governing Body Minutes – August 12, 2025 CITY COUNCIL CHAMBERS, Topeka, Kansas, Tuesday, August 12, 2025. The Governing Body members of the City of Topeka met in regular session at 6:10 P.M. with the following Councilmembers present: Councilmembers Hiller, Valdivia-Alcala, Ortiz, Banks, Kell, Miller, Dobler, Duncan and Hoferer - 9. Mayor Padilla presided -1. The meeting start time was delayed due to technical difficulties. 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 August 12, 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 August 12, 2025, for attachment to the meeting minutes. AFTER THE MEETING WAS CALLED TO ORDER, the Invocation was provided by Pastor Carl Frazier, New Hope and Love Community Church. THE PLEDGE OF ALLEGIANCE was recited by meeting participants. BOARD APPOINTMENT recommending the appointment of Shelly Ramos to the Civil Service Commission to fill an unexpired term ending March 14, 2027, was presented. ADVISORY COUNCIL reappointment of Robert Nugent to the City of Topeka Americans with Disabilities Act (ADA) Advisory Council for a term ending August 10, 2027, was presented. 08-12-25 271  Councilmember Valdivia-Alcala moved to approve the appointments. The motion seconded by Councilmember Ortiz carried. The Mayor does not vote. (9-0-0) A PRESENTATON on the City of Topeka 2024 Annual Comprehensive Financial Report was presented by Stacey Hammon, BT & Co., Audit Director, and Trea Shelton, BT & Co., Audit Manager. CONSENT AGENDA was presented as follows: APPROVAL of CONTRACT NO. 53054 a professional engineering contract between the City of Topeka and JEO Consulting Group, Inc. to provide engineering services, including surveying, and traffic and safety study for the design of a sidewalk and share-use path at the project location along SW 45th from Gage Boulevard to Cambridge Avenue, was presented. (Project No. 701070.00) APPROVAL of CONTRACT NO. 53053 a professional engineering contract between the City of Topeka and Alfred Benesch and Company for providing design and construction documents for street reconstruction, traffic signal replacements, storm water improvements, water main replacement, and sanitary sewer improvements on SW Topeka Blvd, from 29th Street to 37th Street, was presented. (Project No. 701038.00) ORDINANCE NO. 20581 introduced by City Manager Dr. Robert M. Perez, granting IdeaTek Telcom. LLC, a contract franchise to construct, operate and maintain a telecommunications system in the city of Topeka, Kansas, was presented. RESOLUTION NO. 9698 introduced by Councilmember Valdivia-Alcala, granting Marisol Caldera 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) 08-12-25 272  APPROVAL of the Minutes of the regular meeting of July 15, 2025. Councilmember Dobler moved to approve the consent agenda. The motion seconded by Councilmember Duncan carried unanimously. (10-0-0) Mayor Padilla requested to consider Action Item 5K., an ordinance requesting the rezoning of Fairlawn Acres Development – Revision No. 1 (PUD 25/06) as the next item on the agenda. Upon hearing no objection, Mayor Padilla announced Agenda Item 5K would be considered next on the agenda. AN ORDINANCE 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 in order to amend the Master Planned Unit Development Plan for Fairlawn Acres Development (C-2 and M-3 uses) located at 605 SW Fairlawn to increase the size of the allowable “C-2” commercial tract and rezone the parcel located at 601 SW Fairlawn from “C-4” Commercial District in order to add this parcel to the PUD Master Plan for Fairlawn Acres Development, was presented. (PUD25/06) (Council District 9) Dan Warner, Planning Division Director, reported the Planning Commission reconsidered the PUD on July 21, 2025, and voted to recommend approval of the proposed master plan on the condition that fuel pumps and scale for semi-trucks are not allowed. Councilmember Valdivia-Alcala stated she would not support the request due to an email she received related to the updated traffic report causing additional traffic congestion for the area. 08-12-25 273  Councilmember Hiller referenced the changes approved by the Planning Commission and questioned if the applicant still felt the request to rezone the property was necessary. She asked if the applicant decided to allow the fueling of semi-trucks at a later date would the change have to be approved by the Governing Body. Director Warner stated the applicant did not withdraw the request. He clarified the request to rezone was needed based on the use of the property not the size and if the applicant decided to allow the fueling of semi-trucks in the future it would require approval by the Governing Body. Councilmember Duncan expressed concern with the Planning Commission not addressing some of the concerns raised and instructions given by the Governing Body and noted he believes the additional recommendations have made the decision even more difficult. Amanda Stanley, City Attorney, reported under the Topeka Municipal Code that the designation of a Planned Unit Development (PUD) allows for more flexible property use, accommodating creative solutions beyond what was normally permitted by zoning regulations. She stated these mechanisms require careful consideration of the rationale, community benefits, and reasonableness of the proposed use. She confirmed the applicant would be required to seek approval from the Governing Body if the PUD was amended at a later date. Councilmember Kell stated semi-trucks will continue to utilize Fairlawn Avenue whether the proposal was approved or not. Councilmember Ortiz expressed concern with the pedestrian safety related to the proposal specifically for school children living on the east side of the street along with no 08-12-25 274 sidewalks along 7th Street. She stated she would not support the proposal because she believes the new development will intensify the traffic congestion that already exists in the area. Mayor Padilla referenced the removal of semi-trucks from the proposal and questioned what ensures the applicant will follow the regulations. Rhiannon Friedman, Planning and Development Director, stated it was not the ideal outcome for the applicant; however, the ordinance clearly outlines the regulations related to semi-trailer trucks. She noted any changes to the footprint of the property or amendments to the PUD would require approval from the Governing Body. Councilmember Valdivia-Alcala stated she concurs with statements made by Councilmember Ortiz regarding the negative impact the development would have on existing traffic congestion as well as other concerns raised by area businesses. 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, Miller, Valdivia- Alcala, Kell, Duncan, Dobler, Banks, Hiller, Hoferer and Mayor Padilla. 08-12-25 275  City Attorney Stanley stated because a valid protest petition was filed it would require a minimum of eight votes to approve or amend the Planning Commission’s recommendation to adopt the ordinance; and a minimum of six votes would be required to override or reject the Planning Commission’s recommendation. Councilmember Hoferer moved to reject the recommendation of the Planning Commission to adopt the ordinance. The motion seconded by Councilmember Ortiz carried. Councilmember Banks voted “no.” (9-1-0) ORDINANCE NO. 20582 introduced by City Manager Dr. Robert M. Perez, authorizing, and providing for the issuance of $26,865,000 aggregate principal amount of General Obligation Bonds, Series 2025-A, of the City of Topeka, Kansas; providing for the levy and collection of an annual tax for the purpose of paying the principal of and interest on said bonds as they become due; authorizing certain other documents and actions in connection therewith; and making certain covenants with respect there to, was presented. Josh McAnarney, Budget and Finance Division Manager, reported on August 15, 2025, the city sold two bond series as well as one note series. He explained the 2026 proposed budget included the issuance of new bonds for projects, plus the costs of issuance and interest costs, while maintaining a projected flat debt service fund mill levy. The projects will include the large- scale parking garage projects, the City Hall and Topeka Performing Arts Center (TPAC) HVAC project, traffic signal projects, as well as the FIRM program which maintains the City’s facilities. Khalen Dwyer, Columbia Capital Management, LLC reported seven bids were received with the winning bid being awarded to Robert W. Baird & Co., Inc., offering a 4.19% interest rate over 20 years. 08-12-25 276  Councilmember Hiller expressed concern with the City approving the issuance of bonds at this time because they are facing a major financial deficit which was the reason they delayed approving the CIP and CIB until after the 2026 budget was adopted. She stated she would oppose the issuance of bonds because she has procedural concerns related to the absence of a detailed project list and in her opinion, they are not following the City’s bond policy. She noted some of the mill & overlay projects and fleet replacements projects will take place every 10 years and the bonds are being issued for 20 years. She will not support bonding for more than 15 years because the additional five years increases the cost by 25% - 30%. She referenced the financial situation the City faced in 2010 requiring over 100 employee layoffs and reducing the City’s reserve fund to $4 million. She never wants to do this again. She stated they will have to raise the mill levy by 2 to pay for debt service as proposed. Division Manager McAnarney clarified they are shifting 2 mills from debt service to the General Fund; however, it does not mean they are proposing to raise the mill levy. Councilmember Kell moved to adopt the ordinance. The motion seconded by Councilmember Miller carried. Councilmember Hiller voted “no.” (9-1-0) The ordinance was adopted on roll call vote as follows: Ayes: Valdiva-Alcala, Ortiz, Banks, Kell, Miller, Dobler, Duncan, Hoferer, and Mayor Padilla - 9. Nays: Hiller - 1. RESOLUTION NO. 9699 introduced by City Manager Dr. Robert M. Perez, prescribing the form and details of and authorizing and directing the sale and delivery of $26,865,000 aggregate principal amount of General Obligation Bonds, Series 2025-A of the City of Topeka, Kansas, previously authorized by Ordinance of the issuer; making certain covenants and 08-12-25 277 agreements to provide for the payment and security thereof; and authorizing certain other documents and actions connected therewith, was presented. Josh McAnarney, Budget and Finance Division Manager, stated the resolution was a companion document to the ordinance that was previously adopted by the Governing Body. Councilmember Miller moved to approve the resolution. The motion was seconded by Councilmember Dobler. Councilmember Duncan requested that the Governing Body be given the opportunity to discuss in detail the projects associated with the bond sale prior to the sale date. Councilmember Hiller requested that an itemized list be attached to the agenda for review by the Governing Body at least two weeks prior to being considered. Khalen Dwyer, Columbia Capital Management, LLC stated the best time to discuss the projects in detail associated with the sale of these bonds would be during CIP deliberations by the Governing Body. Councilmember Dobler acknowledged concerns raised and spoke in support of delaying the approval of the CIP because of the impact it will have on next year’s budget. He stated a list of projects was included in the agenda packet documents. He asked if there was a way to show the Governing Body the long-term financial impact of projects being approved over a 20-year cycle and noted, bonding timeframes are determined by the current financial situation of the City. Councilmember Miller moved to approve the resolution. The motion seconded by Councilmember Dobler carried. Councilmember Hiller voted “no,” (9-1-0) 08-12-25 278  ORDINANCE NO. 20583 introduced by City Manager Dr. Robert M. Perez, authorizing, and providing for the issuance of $9,140,000 aggregate principal amount of General Obligation Bonds, Series 2025-B, of the City of Topeka, Kansas; providing for the levy and collection of an annual tax for the purpose of paying the principal of and interest on said bonds as they become due; authorizing certain other documents and actions in connection therewith; and making certain covenants with respect there to, was presented. Josh McAnarney, Budget and Finance Division Manager, provided an overview of the projects involved with the selling of bonds including the special assessment costs for LB Lots, LLC (Lauren’s Bay) and Hotel Topeka. He stated with the bonding of Hotel Topeka at this time it will forego the additional cost of temporary notes totaling approximately $500,000 as well as the unspent proceeds totaling $455,000 from the initial $10 million of temporary notes - lowering the overall amount of debt being issued for this bond series. Khalen Dwyer, Columbia Capital Management, LLC reported they received two competitive bids for the taxable bonds separated by less than a signal basis point with the winning bid being awarded to Robert W. Baird & Co., Inc., offering a 5.22% interest rate over 20 years. Councilmember Valdivia-Alcala asked Staff to confirm if the issuance relates to the Lauren’s Bay Development owned by Jim Klausman. Braxton Copley, Deputy City Manager, confirmed the issuance relates to the Lauren’s Bay Development owned by Jim Klausman and the creation of the Lauren’s Bay Community Improvement District (CID). He reported by paying the cost of existing special assessments and amortizing the cost of future special assessment other 20 years, it will cause a net result for 08-12-25 279 property owners of the City’s three lots and developer’s 15 lots to pay $165 of special assessments per month instead of $300 per month – allowing the City to be fully reimbursed for the costs. Councilmember Miller moved to adopt the ordinance. The motion seconded by Councilmember Kell carried. Councilmembers Valdivia-Alcala and Banks voted “no.” (8-2-0) The ordinance was adopted on roll call vote as follows: Ayes: Councilmembers Hiller, Ortiz, Kell, Miller, Dobler, Duncan, Hoferer, and Mayor Padilla -8. Nays: Councilmembers Valdiva-Alcala and Banks -2. RESOLUTION NO. 9700 introduced by City Manager Dr. Robert M. Perez, prescribing the form and details of and authorizing and directing the sale and delivery of $9,140,000 aggregate principal amount of General Obligation Bonds, Series 2025-B of the City of Topeka, Kansas, previously authorized by Ordinance of the issuer; making certain covenants and agreements to provide for the payment and security thereof; and authorizing certain other documents and actions connected therewith, was presented. Josh McAnarney, Budget and Finance Division Manager, stated the resolution was a companion document to the ordinance that was previously adopted by the Governing Body. Councilmember Miller moved to approve the resolution. The motion seconded by Councilmember Dobler carried. Councilmembers Valdivia-Alcala and Banks voted “no.” (8-2-0) RESOLUTION NO. 9701 introduced by City Manager Dr. Robert M. Perez, authorizing and directing the issuance, sale and delivery of $9,280,000 in the aggregate principal amount of General Obligation Temporary Renewal and Improvement Notes, Series 2025-A, providing for the levy and collection of an annual tax, if necessary, for the purpose of paying the principal of 08-12-25 280 and interest on said notes as they become due; making certain covenants and agreements to provide for the payment and security thereof; and authorizing certain other documents and actions connected therewith, was presented. Josh McAnarney, Budget and Finance Division Manager, stated the temporary notes are due October 1, 2026. He reported they do not anticipate needing to permanently bond the entire purchase price of $5.1 million for the City’s new Fleet Building as they are expecting to receive approximately $3.2 million of Federal Relocation Assistance funding and until that happens they do not want to permanently issue bonds; and out of caution, they are issuing temporary notes for a second time for the digester project with the expectation of receiving full reimbursement from the Federal Emergency Management Agency (FEMA). Khalen Dwyer, Columbia Capital Management, LLC reported they received one bid from BNY Mellon Capital Markets, LLC offering a rate of 2.77%. He stated in terms of looking at other comparable cities in recent weeks, he could not locate one offering less than a 3% yield. Councilmember Kell moved to approve the resolution. The motion seconded by Councilmember Dobler carried unanimously. (10-0-0) PUBLIC HEARING Public Hearing to consider the adoption of the 30th & Topeka Boulevard Tax Increment Financing (TIF) District Project Plan, was presented. ORDINANCE NO. 20584 introduced by City Manager Dr. Robert M. Perez adopting a Redevelopment Project Plan for the 30th & Topeka Boulevard Tax Increment Financing (TIF) District pursuant to K.S.A. 12-1770 et seq., as amended, was presented. Mayor Padilla opened the Public Hearing and asked if there was anyone present who would like to speak about the matter. 08-12-25 281  Bob Johnson, Polsinelli Law firm, spoke in support of the project and stated he was available for questions from the Governing Body. Rhiannon Friedman, Planning and Development Director, provided a project overview and stated the developer estimates a total project budget of $19.3 million with approximately $9.24 million to be paid by the Developer. The Project Plan for the Redevelopment Project was anticipated to include: • Demolition of existing structures • Construction of one quick-service restaurant and up to two commercial buildings. • Construction/installation of associated amenities and infrastructure including surface parking, landscaping, lighting, utilities, storm water improvements, sidewalks/walkways, streets/drives and other infrastructure improvements. • Land acquisition and design, legal, brokerage, and other fees and soft cost Councilmember Kell moved to adopt the ordinance. The motion seconded by Councilmember Hiller carried unanimously. (10-0-0) 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. ORDINANCE NO. 20585 introduced by City Manager Dr. Robert M. Perez, establishing a Community Improvement District (CID) for 30th and Topeka Boulevard and levying a CID sales tax of one percent (1%) within the CID, was presented. Rhiannon Friedman, Planning and Development Director reported the general nature of the proposed CID Project was to promote the redevelopment and revitalization of a commercial development of approximately 2.66 acres located at 2950 SW Topeka Boulevard (30th Street and Topeka Boulevard), and the Public Hearing was held on July 15, 2025. Councilmember Duncan left the room. 08-12-25 282  Councilmember Kell moved to adopt the ordinance. The motion seconded by Councilmember Dobler carried. Councilmember Duncan was out of the room. (9-0-0) The ordinance was adopted on roll call vote as follows. Ayes: Councilmembers Hiller, Valdivia-Alcala, Ortiz, Banks, Kell, Miller, Dobler, Hoferer and Mayor Padilla – 9. CONTRACT NO. 53051 between the City of Topeka, Kansas, and 30th and Topeka LLC, a Kansas limited liability company, the developer of the 30th and Topeka Boulevard tax increment financing and community improvement incentive districts, was presented. Rhiannon Friedman, Planning and Development Director, reported the Agreement contains the performance terms for the TIF and CID proposed to be used to construct the proposed development at 30th and Topeka Boulevard. Councilmember Kell moved to approve the development agreement. The motion seconded by Councilmember Hiller carried. Councilmember Duncan was out of the room. (9-0- 0) PUBLIC HEARING A Public Hearing to consider the establishment of the LB Lots, LLC Reinvestment Housing Incentive District (RHID), was presented. ORDINANCE NO. 20586 introduced by City Manager Dr. Robert M. Perez establishing a Reinvestment Housing Incentive District (RHID) for LB Lots, LLC, was presented. Mayor Padilla opened the public hearing and asked if there was anyone present who would like to speak to the matter. Councilmember Duncan entered the room. Danielle Twemlow provided an overview of what she believes the improvements will cost the taxpayers resulting in the loss of millions of dollars. She highlighted the conditions 08-12-25 283 outlined in the agreement and stated she believes it makes it a bad deal for the taxpayers and the City. Upon no one else appearing, the public hearing was closed. Braxton Copley, Deputy City Manager, provided a brief background on the steps taken to date to establish the Reinvestment Housing Incentive District (RHID), Tax Increment Financing (TIF) District and Community Improvement District (CID). He stated certain conditions have been included in the proposed ordinance to protect the City and ensure the requirements of the Development Agreement are met. The Developer must provide the following information for the City: 1. A certification of the total construction costs for each home including the pay apps of contractors, subcontractors and suppliers to establish the actual cost of construction within 45 days of the house passing the final inspection. 2. Evidence of the sales price of each home by means of the closing statement from the title company within 30 days of the closing of the sale. 3. Annually, by January 31st for the prior calendar year in which any of the 15 homes are sold, a certification must be provided that the aggregate return on the project from the inception to date does not exceed the 7.5% capitalization rate established under the RHID Development Agreement including sufficient documentation to support the certification. Councilmember Valdivia-Alcala asked if there are other RHID applications that have been granted this type of exception and if Jim Klausman, developer, owes back taxes. Braxton Copley, Deputy City Manager, stated there have been records shared reflecting that Mr. Klausman owns approximately 100 more lots in Lauren’s Bay with taxes owed. Councilmember Miller asked for clarification if anyone has asked for such exceptions; and he was not aware of any other RHID application that has asked for these type exceptions. Councilmember Dobler moved to adopt the ordinance. The motion was seconded by Councilmember Kell carried. (7-3-0) 08-12-25 284  The ordinance was adopted on roll call vote as follows. Ayes: Councilmembers Hiller, Ortiz, Kell, Miller, Dobler, Duncan and Mayor Padilla -7. Nays: Councilmembers Valdivia- Alcala, Banks and Hoferer -3. ORDINANCE NO. 20587 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 2701 N Kansas Avenue and 2703 N Kansas Avenue, FROM "R-1" Single-Family Residential District and “C-4” Commercial District TO “M-2” Multiple-Family Dwelling District, was presented. (Z25/06) (Council District 2) Dan Warner, AICP, Planning Division Director, reported the proposed rezoning will facilitate a multiple-family residential development with 190 affordable housing units in the North Topeka area. The Planning Commission considered the project at their July 21, 2025, meeting and recommended approval. Councilmember Hoferer left the room. Councilmember Valdivia-Alcala stated she has received no opposition from constituents and urged the Governing Body to support the much-needed development. 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 08-12-25 285 public comments made during the Planning Commission hearing and similar relevant information related to the matter. Ex parte communication was declared by Councilmember Valdivia-Alcala Councilmember Valdivia-Alcala moved to adopt the ordinance. The motion seconded by Councilmember Banks carried. Councilmember Hoferer was out of the room. (9-0-0) The ordinance was adopted on roll call vote as follows. Ayes: Councilmember Hiller, Ortiz, Valdivia-Alcala, Banks, Kell, Dobler, Duncan, and Mayor Padilla - 9. RESOLUTION NO. 9702 introduced by the Public Infrastructure Committee comprised of Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of Project No. 841098.06 for street improvements to SW 37th Street between Topeka Boulevard and Kirklawn Avenue, was presented. (Public Infrastructure Committee recommended approval on July 15, 2025.) Steve Groen, Public Works Director, reported the project would consist of mill and overlay with full depth patching on SW 37th Street between Topeka Boulevard and Kirklawn Avenue. He stated the project was part of the 2025 Pavement Management Program and will be funded by the Citywide Half-Cent Sales Tax. Councilmember Hoferer entered the room. Councilmember Kell moved to approve the resolution. The motion seconded by Councilmember Dobler carried unanimously. (10-0-0) Councilmember Kell left the room. RESOLUTION NO. 9703 introduced by the Public Infrastructure Committee comprised of Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval 08-12-25 286 of Project Nos. 291146.01, 291138.01, 291139.01, 291142.02 for equipment, materials, supplies and labor necessary for installation and startup of the Central Park/Rockfire North Odor Control Project, as further described in Exhibit A, was presented. (Public Infrastructure Committee recommended approval on July 15, 2025.) Sylvia Davis, Utilities Department Director, reported $3,608,000 will furnish all equipment, materials, supplies and labor for the installation of two new pumpstations. She stated at the Central Park Pump Station the Super Oxygenation System will be installed to reduce and dissolve sulfides and subsequent vapor phase hydrogen sulfide levels in the sewer collection system; and the Rockfire North Pump Station the Little John Digester will be installed which has a high output UV Ozone, blower and components to help mitigate odor and grease. She explained the City was currently spending between $400,000 and $500,000 per year on chemical costs to address the odors with chemical feeds, and in installing the new pump stations would cut down on costs for chemicals. Councilmember Ortiz moved to approve the resolution. The motion seconded by Councilmember Banks carried unanimously. Councilmember Kell was out of the room. (9-0-0) RESOLUTION NO. 9704 introduced by the Public Infrastructure Committee comprised of Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of Project Nos. 291105.03, 291120.06, 29140.01 and 291141.01 for pumpstation equipment replacement near Lake Shawnee, as further described in Exhibit A, was presented. (Public Infrastructure Committee recommended approval on July 15, 2025.) Councilmember Kell entered the room. 08-12-25 287  Sylvia Davis, Utilities Department Director, reported $4,094,000 will cover the cost to replace three failing pump stations near Lake Shawnee with two new wastewater pump stations; eliminate Shawnee I, and replace the force main associated with Shawnee II due to a recent failure. She shared by eliminating Shawnee I, the operating and maintenance costs will be reduced. Councilmember Ortiz moved to approve the resolution. The motion seconded by Councilmember Banks carried unanimously. (10-0-0) ORDINANCE NO. 20589 introduced by City Manager Dr. Robert M. Perez, adopting the 2025 edition of the Uniform Public Offense Code, amending section 9.05.080 of the Topeka Municipal Code and repealing original section, was presented. Amanda Stanley, City Attorney, reported the League of Kansas Municipalities (LKM) prepares and publishes the Uniform Public Offense Code on an annual basis following the legislative session in July. She explained the book was a codification of all relevant statutory changes and the City adopts the changes as soon as possible after publication to stay consistent with state law. She shared the Topeka Police Department Records Division utilizes a reporting system to report crime statistics to the Federal Bureau of Investigation (FBI), and unless the current versions of the statutes are adopted and used, this system will not function properly. Councilmember Dobler moved to adopt the ordinance. The motion seconded by Councilmember banks carried. The Mayor does not vote. The proposed ordinance involves a matter of home rule on which the Mayor has veto authority. (9-0-0) The ordinance was adopted on roll call vote as follows. Ayes: Councilmembers Hiller, Valdivia-Alcala, Ortiz, Banks, Kell, Miller, Dobler, Duncan and Hoferer - 9. 08-12-25 288  ORDINANCE NO. 20590 introduced by City Manager Dr. Robert M. Perez, adopting the 2025 edition of the Standard Traffic Ordinances, amending sections 10.15.010 and 10.15.020 of the Topeka Municipal Code and repealing original sections, was presented. Amanda Stanley, City Attorney, reported the League of Kansas Municipalities (LKM) prepares and publishes the Standard Traffic Ordinance on an annual basis following the legislative session in July. She explained the book was a codification of all relevant statutory changes and the City practices adopting the changes as soon as possible after publication to stay consistent with state law. Councilmember Ortiz moved to adopt the ordinance. The motion seconded by Councilmember Dobler carried. Mayor does not vote. The proposed ordinance involves a matter of home rule on which the Mayor has veto authority. (9-0-0) The ordinance was adopted on roll call vote as follows. Ayes: Councilmembers Hiller, Valdivia-Alcala, Ortiz, Banks, Kell, Miller, Dobler, Duncan and Hoferer - 9. DISCUSSION related to the City of Topeka 2026 Operating Budget, was presented. Chris Vallejo, Topeka Police Chief, provided an overview of the Topeka Police Department’s 2026 Fiscal Year Adjustments as well as each Bureau’s 2026 Budget Details, which included the following: Topeka Police Department (TPD) Budget Details Personnel $46,739,172 Contractual $3,123,345 Commodities $2,080,698 Capital Outlay $750,533 Total $52,693,748 TPD’s 2026 Fiscal Year Adjustments • Added Staffing Study ($150,000) • Added Lexipol ($40,000) 08-12-25 289  • Added 6 Civilian Positions: 2 PAL, 1 TCALC, 3 for Crime Scene Investigations Unit ($510,000) • Vacancy Credit of 10 Police Officers ($820,000) • Removed 11 positions ($861,000); Assistant Chief, Police Sergeant, Police Detective, two Police Officers in Training, Evidence & Property Technician I, two Police Records Clerks I, Animal Control Officer, Property Maintenance Inspector I, and Office Assistant III. Patrol Bureau Budget Details Personnel $23,465,708 Non-Personnel $1,875,957 Investigations Bureau Personnel $11,952,245 Non-Personnel $225,080 Support Bureau Personnel $7,901,434 Non-Personnel $1,888,127 John Schardine, Property Maintenance Director, reported the Property Maintenance Unit was fully staffed with 19 full-time employees. In addition to enforcing the International Property Maintenance Code and Topeka Municipal Code (TMC) the Property Maintenance Unit also regulates parking on unapproved surfaces and in late 2025, they plan to begin expanding their enforcement role to abandoned vehicles on roadways and right-of-ways. He continued to report with the 2025 Fiscal Year Accomplishments where he stated 231 man-hours went into the removal and abatement of 26 encampments where nearly 71.68 tons of trash/rubbish were removed. He provided an overview of the Property Maintenance Unit’s 2026 Budget Details, which included the following: Property Maintenance Budget Details Personnel $1,559,994 Non-Personnel $890,397 08-12-25 290  Chief Vallejo continued to report on the Topeka Police Department’s 2025 Accomplishments, which included the following: • In the Patrol Bureau, there was an upgrade to the AXON 4 Body-Worn cameras and increased medical response capabilities (advanced IFAK training) for sustaining life until more advanced care arrives. • In the Investigations Bureau, they expanded the bureau’s capability for a data driven approach to reducing violent crime, as well as onboarding an online crime reporting solution for local retailers and community partners. • In the Support Bureau, the Citizens Academy continues to be full, the 69th TPD Academy Class has 23 recruits, being the largest in several years as well as expanding CPOs and Motorcycles for the first time in several years. Councilmember Miller asked if there was a recent staffing report conducted and if the Lexipol purchase was a one-time cost or annual expense. Councilmember Kell expressed concern with reduced staffing in the Animal Control, Records, and Property Maintenance Divisions and urged the Governing Body to find a way to maintain these positions that are vital to the organization. Police Chief Vallejo recommended conducting a staffing report every 3-5 years. He explained the Lexipol purchase was included in the 2025 budget; however, the expected expense would be an annual subscription cost. Dr. Robert M. Perez, City Manager, reported in several cases the proposed reductions in staff have been vacant for an extended period with some positions being vacant since the beginning of the year. Councilmember Hoferer requested keeping the demolition budget flat and to find a way to move forward with more demolitions to address the long list of demolitions. Councilmember Duncan requested a cost analysis to fill one, full-time Crisis Intervention Team (CIT) position on every shift for the Topeka Police Department. 08-12-25 291  Councilmember Valdivia-Alcala requested Staff provide Governing Body members the process of demolitions. She suggested establishing a pilot project to address the front-line mental health and unsheltered population crisis to relieve law enforcement – with the understanding it would require funding and other resources. Mayor Padilla stated he concurs with statements made regarding the demolition process and making sure a full-time CIT person was available or on-call for all shifts. He commended the Topeka Police Department for their exceptional response to recent mental health crisis calls. Police Chief Vallejo reported training would begin with the National Policing Institute for regional training regarding the processing of violent crimes. He expressed his interest in the CAHOOTS model and the effectiveness of the program. Gretchen O’Donovan, Topeka Police Department (TPD) Business Manager, explained that the Governing Body approved a $200,000 increase in the budget for the Co-Responders Program to offer higher salaries for recruitment. She reported Contract No. 52382 was executed on April 28, 2025, between the City of Topeka, Shawnee County and Valeo, providing a second- shift co-responder, a weekend/third-shift co-responder and they are actively trying to fill the first-shift co-responder position. Councilmember Valdivia-Alcala offered to set up a Crisis Intervention educational meeting within District 2. Tony Standifer, Deputy Fire Chief, provided an overview of the Topeka Fire Department’s 2026 Fiscal Year Adjustments and Division Budget details as follows: Topeka Fire Department (TFD) Budget Details Personnel $34,334.355 Contractual $1,785,551 Commodities $968,450 08-12-25 292  Capital Outlay $240,000 Total $37,328,356 TFD’s 2026 Fiscal Year Adjustments • Purchasing replacement air compressors to refill Self-Contained Breathing Apparatus Bottles (SCBA) ($240,000) • Reduced 2 FTEs ($307,000) • Vacancy credit for 7 entry level firefighters and 1 Battalion Chief ($643,000) • Proposed Fire Station Relocation in the 2026 CIP aims to replace aging infrastructure and improve response times Fire Operations: Suppression Personnel $31,383,154 Non-Personnel $2,540,333 Total $33,923,487 Fire Prevention Personnel $1,713,038 Non-Personnel $141,343 Total $1,854,381 Emergency Medical Services (EMS) Budget Details Personnel $0 Non-Personnel $58,049 Fire Training Budget Details Personnel $672,734 Non-Personnel $203,331 Deputy Fire Chief Standifer continued to report the Topeka Fire Department’s 2025 Accomplishments which included the following: • In Fire Operations, they effectively managed the demands of a continuously growing call volume, they conducted the Officer Development Program (ODP) for 15 personnel, they developed and implemented a comprehensive Mayday policy for safety and accountability during emergency operations, performed Battalion Chief training for Senior Captains and began enrollment for the Technical Rescue Team. • In Fire Prevention, a new fire inspections software was implemented to improve efficiency, they partnered with the Property Maintenance Division for fire inspections of apartment buildings, successful completion of all fireworks stands, the completion of fire safety education programs in all USD 501 elementary schools as well as other schools within the City of Topeka, and lastly the implementation of the “Blazestack” a new fire investigation case management software. 08-12-25 293  • In Emergency Medical Services (EMS), they completed the AEMT training for 7 personnel, work began with I.T. to build a QA/QI database, 7 personnel were recertified as instructors with American Hear Association in Advance Cardiac and Basic Life Support and opened a 7th ALS company located at station 11 in North Topeka. • In Fire Training, 9 personnel were trained and certified in Hazmat Technician bringing a total number of trained personnel close to 80, implemented and trained all personnel on the NERIS reporting system, coordinated delivery of over 60,000 hours of fire and EMS training to department personnel, and started a Hub for certification classes from KUFRTI for personnel and surrounding department. Councilmember Banks spoke about the necessity for specialty fire equipment and training for specialty personnel. He also inquired about addressing Juvenile Fire Starters. Deputy Chief Standifer explained TFD plans to continue training specialty personnel in the field as well as supply them with fire safety equipment. Alan Stahl, City Fire Marshall, shared the Topeka Fire Department currently partners with the Kansas Metro Juvenile Fire Starters along with a partnership with USD 501 Topeka Public Schools and other school districts to help make referrals as well as establish a safe environment for a Juvenile Fire Starter within a well-established program. Councilmember Duncan inquired about the Hazmat Truck that serves the state and the city. He questioned if the City receives additional funds from the federal government or state to help cover the expenses of the program and cost of the truck. Deputy Chief Standifer clarified reimbursement of expenditures are received depending on the scale and the time frame of the situations. Councilmember Ortiz suggested conducting more open house events to educate the public about fire apparatuses. Mayor Padilla inquired about the Incident Command System training. 08-12-25 294  Deputy Chief Standifer reported Incident Command System training took place at the Topeka Zoo in 2024, however, some form of Incident Command training takes place on a day- to-day basis. City Manager Perez reported Assistant City Manager Avery Moore has been working with departments to help coordinate these types of incidents with advanced training. Karan Thadani, Topeka Municipal Court Administrative Judge, provided an overview of the Municipal Court Division budget and 2026 Fiscal Year Adjustments as follows: Topeka Municipal Court Budget Details Personnel $1,621,798 Non-Personnel $576,853 Total $2,198,651 Topeka Municipal Court 2026 Fiscal Year Adjustments Purchase of Tyler Digital Ticketing system ($130,000) Increase in Public Defender Contract ($145,550) Judge Thadani continued to report on the Topeka Municipal Court’s 2025 Accomplishments as follows: • In Probation cases, they supervised an average of 135 clients per month, and a bond monitored average of 35 defendants per month. • In Property Maintenance cases, they issued over 50 judgements in LLC cases. • In Domestic Violence cases, the DOJ Grant funded batterer’s intervention for numerous defendants, they added a Domestic Violence pre-trial docket as well as an addition Domestic Violence trial docket to reduce jail costs. • The Washburn Law Clinic appointed students to several court-appointed cases. • Mental Health Court averaged 15 participants per month that received mental health services. Councilmember Kell questioned the efforts of local partnerships and how mental health cases are being addressed. Judge Thadani stated Municipal Court was constantly looking through Court Dockets to find offenders who may qualify for mental health services to avoid serving jail time and 08-12-25 295 receiving mental health assistance. He stated a Veteran’s Affairs Staff member was made available on the dockets to assist Veterans with criminal cases who may be suffering from a mental health crisis, however, due to staffing issues it was no longer feasible. Councilmember Dobler requested to defer Item 6B, a discussion concerning optimizing fire station locations to the August 19, 2025, Governing Body Meeting. Upon hearing no objection, Mayor Padilla announced Agenda Item 6B would be deferred until August 19, 2025, Governing Body Meeting. PUBLIC COMMENT was received via email from Tom Jindra (Attachment A) and provided by the following individuals: Angel Romero, United Way of Greater Topeka and Topeka Voter Collaborative, spoke to the importance of increasing voter turnout for the 2025 general election. Lissa Stanley, Topeka Voter Collaborative, spoke of the many tools they offer for voters to get information about local elections. She spoke highly of Topeka and the need for Topekan’s to feel they are voting to make the city the best it can be. Joseph Wakefield asked the Governing Body to pass legislation to ban Lew McGinnis from owning properties in the city of Topeka and address his predatory behaviors. Betty Blankenship-Smarker expressed her disappointment with the testimony related to the Fairlawn Acres Development. Doug Rosencutter expressed concern with the denial of the Fairlawn Acres Development and the impact it will have on the sale of his business. He stated he concurs with the statements made by Betty Blankenship-Smarker about the false testimony related to the development. 08-12-25 296  Danielle Twemlow spoke to the more intentional initiatives being proposed as opposed to hiring more police officers. She spoke of the social determents of overall health and well-being in the community. Henry McClure stated he concurs with the statements made by Doug Rosencutter and asked when the Governing Body was going to take care of small business owners. He expressed concern with giving Joint Economic Development Organization funds to Cody Foster. ANNOUNCEMENTS BY THE CITY MANAGER, MAYOR AND MEMBERS OF THE COUNCIL: Brenda Younger, City Clerk, provided an overview of the August 19, 2025, Governing Body meeting agenda. Dr. Robert M. Perez, City Manager, recognized Rhiannon Friedman, Planning and Development Director, for her service to the City. He also recognized Monique Glaude, Director of the Office of Inclusive Communities (OIC) and OIC team members for the “Backpack” and “National Night Out” Events that took place in early August. Councilmember Duncan commended Staff for the successful National Night Out Event. He reminded residents to be mindful of school children walking to school. Councilmember Hiller recognized the ten National Night Out events in Topeka and the value it brings to neighborhoods. She announced “A Raisin in the Sun” will be at Deacon Theater, the Kansas Historical Society’s will host the “Walk thru of the Colored Women’s Club” as well as the “Get Down in T-Town” event. 08-12-25 297  Councilmember Valdivia-Alcala expressed her frustration with Lew McGinnis and his properties. She stated she would continue to work to find a solution to the housing issues within the city. Councilmember Banks recommended the Governing Body begin to focus on providing help with Juvenile Fire Starters and reconsidering the costs associated with a program to address the issue. Councilmember Kell reminded residents to be mindful of the safety of school children walking to school. He urged citizens to volunteer to help with after school programs and to sign up to be a substitute teacher. Mayor Padilla recognized Rhiannon Friedman, Planning and Development Director, for her service to the City. Mayor Padilla moved to extend the meeting past 10:00 p.m. The motion seconded by Councilmember Miller carried. Councilmember Ortiz voted “no.” (9-1-0) Following a 10-minute recess Councilmember Valdivia-Alcala moved to recess into executive session for a time not to exceed 45 minutes to discuss personnel matters involving one or more individual employees as allowed under KSA 75-4319(b)(1). The open meeting will resume in the City Council Chambers. The motion was seconded by Councilmember Ortiz carried unanimously. 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 unanimously on voice vote. (10-0-0) 08-12-25 298  At the conclusion of the executive session, the meeting 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 10:47 p.m. (SEAL) ______________________________ Brenda Younger, City Clerk, M.M.C. 08-12-25 299 Attachment A