Governing Body

Governing Body Minutes – November 5, 2025 CITY COUNCIL CHAMBERS, Topeka, Kansas, Wednesday, November 5, 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, Banks, Kell, Miller, Dobler, Duncan and Hoferer - 9. Mayor Padilla presided -1. Absent: Ortiz – 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 November 5, 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 November 5, 2025, for attachment to the meeting minutes. AFTER THE MEETING WAS CALLED TO ORDER, the Invocation was provided by Reverand Donna Gilcrest, Westside Christian Baptist Church. THE PLEDGE OF ALLEGIANCE was recited by meeting participants. CONSENT AGENDA was presented as follows: APPROVAL of a professional consulting contract between the City of Topeka and Columbia Capital Management, LLC for providing debt and investment management, was presented. APPROVAL of a Utilities Department contract for professional engineering and design services between the City of Topeka and Bartlett & West, Inc. in an amount not to exceed $476,000, was presented. 11-05-25 419  APPROVAL of a Public Works Department contract amendment for professional engineering and design services between the City of Topeka and Professional Engineering Consultants, P.A., for an updated contract amount not to exceed $59,000, was presented. APPROVAL of CONTRACT NO. 53240 a three-year labor contract between the City of Topeka and the Development Services Division of AFSCME Council 61, 1294, was presented. RESOLUTION NO. 9725 introduced by the Public Infrastructure Committee comprised of Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of Project No. 281250.08 for water main replacement along SW Moundview Drive from SW 45th Street to SW 49th Street as further described in Exhibit A, was presented. (Public Infrastructure Committee recommended approval on October 21, 2025.) RESOLUTION NO. 9726 introduced by the Public Infrastructure Committee comprised of Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of Project No. 841106.03 for 2026 Crack Sealing of streets in the southeast and east central portion of the City, as further described in Exhibit A, was presented. (Public Infrastructure Committee recommended approval on October 21, 2025.) RESOLUTION NO. 9727 introduced by the Public Infrastructure Committee comprised of Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of Project Nos. 841096.01, 841096.02, 841096.03, 841096.04 and 291129.06 for alley reconstruction and sanitary sewer improvements in the area of SW 7th Street and SW Clay Street, as further described in Exhibit A, was presented. (Public Infrastructure Committee recommended approval on October 21, 2025.) RESOLUTION NO. 9728 introduced by the Public Infrastructure Committee comprised of Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of 11-05-25 420 Project No. 841099.01 for street improvements of NW Clay St, NW Taylor St, NW Polk St and US-24 Frontage Road, as further described in Exhibit A, was presented. (Public Infrastructure Committee recommended approval on October 21, 2025.) APPROVAL of the MINUTES of the regular meeting of October 21, 2025, was presented. APPROVAL of the following Cereal Malt Beverage License applications, were presented: Business Location Odin’s Lair 921 N. Kansas Avenue Supermercardo Nuestra Familia 2021 SE 29th Street On the Run 3021 SW 10th Avenue Councilmember Banks moved to approve the consent agenda. The motion seconded by Councilmember Miller carried unanimously. (9-0-0) RESOLUTION NO. 9729 introduced by City Manager Dr. Robert M. Perez, setting the public hearing to consider the advisability of establishing a Community Improvement District (CID) at the Northwest corner of Topeka Boulevard and Kansas Avenue, pursuant to K.S.A. 12- 6a26 et seq, was presented. Braxton Copley, Deputy City Manager, stated approval would set a public hearing for December 9, 2025, to consider the advisability of establishing a Community Improvement District (CID) in conjunction with the next agenda item establishing a Tax Increment Financing (TIF) District within the proposed boundaries of the Sunflower Crossing Development. Councilmember Kell moved to approve the resolution. The motion seconded by Councilmember Banks carried unanimously. (9-0-0) 11-05-25 421  RESOLUTION NO. 9730 of the Governing Body of the City of Topeka, Kansas determining that the City is considering the adoption of a redevelopment project plan within the boundaries of the proposed Sunflower Crossing Redevelopment District; Establishing the date and time of a public hearing on such matter; and providing for the giving of notice of such Public Hearing, was presented. Dr. Robert M. Perez, City Manager, stated approval will set a public hearing for December 9, 2025, to consider the advisability of establishing a TIF Project Plan. Councilmember Kell moved to approve the resolution. The motion seconded by Councilmember Hoferer carried unanimously. (9-0-0) A RESOLUTION introduced by City Manager Dr. Robert M. Perez making certain findings pursuant to the Kansas Reinvestment Housing Incentive District Act with regard to an application submitted by LB Lots, LLC to establish an additional Reinvestment Housing Incentive District and requesting that the Secretary of Commerce review the resolution and advise the Governing Body, was presented. Braxton Copley, Deputy City Manager, reported approval of the resolution would be the first step in establishing a reinvestment housing incentive district Phase 2, by adopting certain findings and submitting them to the Kansas Secretary of Commerce for review. He highlighted the Penalties and Taxes Summarization Spreadsheet included in the agenda packet outlining outstanding specials and taxes owed by the Developer. Danielle Twemlow referenced the discounted values of parcels being proposed providing further incentives to the developer. She referenced the waiver language outlined in the resolution stating the Governing Body hereby waives the requirement that the developer of and applicant for such RHID not be delinquent on its property tax or special assessment payments on any 11-05-25 422 property it owns or controls in Shawnee County. She expressed concern about the City’s standards, priorities and accountability measures with contractors. Chuck Dultmeier expressed concern with the value of the parcels offered to the developer at a discounted price. He stated the parcels could be sold for $50,000 per parcel. He urged the City to avoid approving any more incentives for this developer and instead work with other Topeka area developers. Councilmember Dobler stated he will not support giving City-owned property surrounding the pond to a private entity and dismissing more special assessment costs of additional lots for the developer. Councilmember Valdivia-Alcala spoke in opposition to the proposal providing additional incentives for the developer. Councilmember Kell stated he was hesitant to approve Phase 1 of the LB Lots, LLC. Development, however, this proposal provides no financial gain for the City, and he will not support the resolution as proposed. Councilmember Duncan stated he concurs with the same concerns raised by other Councilmembers as well as he would not support seeking approval from the State on tax foreclosed properties for an incentive district. Councilmember Hiller stated she concurs with statements made by Councilmember Kell. She expressed her opposition to the proposed resolution. Deputy City Manager Copley suggested that one option would be to defer the resolution for one month to provide the opportunity to offer amendments to the proposal as suggested by Councilmembers. 11-05-25 423  Councilmember Dobler moved to table the resolution until December 9, 2025. The motion seconded by Councilmember Duncan carried. Councilmembers Valdivia-Alcala and Banks voted “no.” (7-2-0) Councilmember Valdivia Alcala requested Interim City Attorney Nick Jefferson provide a legal opinion on the legal aspect of all concerns raised by Governing Body members on or before the December 9, 2025, Governing Body meeting. DISCUSSION related to the City’s revised water and wastewater rate structures, effective January 1, 2026, was presented. (Public Infrastructure Committee recommended approval on October 21, 2025.) Sylvia Davis, Utilities Director, reported Staff proposes to amend Topeka Municipal Code Sections 13.05.020 and 13.05.050 to replace the Readiness to Serve Charge with a Base Charge applied only to active water and wastewater accounts. She stated the updated structure maintains cost recovery and supports continued investment in system reliability, maintenance, and regulatory compliance. Stormwater fees remain unchanged and will continue to be assessed with all applicable properties. The Public Infrastructure Committee reviewed the proposed changes on October 21, 2025, and recommended approval by the Governing Body. She highlighted how the proposed amendments would impact the cost of water service for customers. (Attachment A). Governing Body members collectively expressed their disinterest in the Readiness to Serve Charge as well as a Base Charge being applied to only active and wastewater accounts. They advised Staff to either revise their proposal or produce multiple proposals that can be presented to the Governing Body for consideration. PUBLIC COMMENT was provided by the following individuals: 11-05-25 424  Sandra Lassiter expressed concern about the lack of compensation being given to the family of Taylor Lowery and stated that she believed it was an injustice. Debra Sabb referenced the death of Taylor Lowry and urged approval of compensation for his family. Damabrius Duncan, mother of Taylor Lowery’s daughter urged the Governing Body to provide compensation for the death of Taylor Lowery as the result of a police shooting. Danielle Twemlow referenced the dismissal ruling on the Taylor Lowery case released October 21, 2025, and referenced the countless violations by City employees – all a direct reflection of City leadership and the Governing Body. Amber Lavin urged Governing Body members to make the change and hold the City accountable for what the families of police shooting victims deserve. ANNOUNCEMENTS BY THE CITY MANAGER, MAYOR AND MEMBERS OF THE COUNCIL: Brenda Younger, City Clerk, announced pursuant to Resolution No. 9606 and due to the Veteran’s Day Holiday, the Governing Body meeting of November 11, 2025, was cancelled and rescheduled for November 12, 2025, at 6:00 p.m. in the City Council Chambers located at 215 SE 8th Street, 2nd Floor, Topeka, Kansas. Dr. Robert M. Perez, City Manager, recognized the success of the City of Topeka Trunk or Treat event on October 30, 2025. He announced the City will partner with United Way for collections of food to be donated to families being affected by the cancellation of SNAP Benefits. He urged citizens that are having difficulties paying their utility bills due to the federal government shut down to contact the City’s Utility Department for assistance options. 11-05-25 425  Councilmember Valdivia-Alcala advised she will be sending a 17-page document to the City Clerk along with two separate emails requesting an executive session be held to discuss why whistleblower cases across the organization were not being litigated. Councilmember Banks referenced the heavy-hearted comments related to police shootings. He expressed his disappointment with not receiving requested information from the Topeka Police Department about the shootings. Councilmember Kell thanked community partners for their contribution to the City’s Truck or Treat Event on October 30, 2025. He announced the City of Topeka Veteran’s Day Parade would be held November 11. 2025. He urged citizens who are able to donate food to help those citizens who have lost their SNAP Benefits. Councilmember Miller stated he looks forward to speaking about the solutions for the hurt expressed by the community. Councilmember Duncan asked staff to provide an update on the federal government shut down and the impact it will have on HUD funded City operations. He thanked citizens for electing him as the next Mayor of Topeka. Councilmember Hoferer announced the Grand Opening of the Children’s Discovery Center expansion on November 7, 2025. Mayor Padilla asked City leadership to make sure City employes impacted by the loss of SNAP benefits are being taken care of. He congratulated all council-elect representatives and Mayor-elect Spencer Duncan on winning the recent election. Councilmember Kell moved to recess into executive session for a time not to exceed 20 minutes to discuss personnel matters involving individual employees as allowed under K.S.A. 75-4319(b)(1). The open meeting will resume in the City Council Chambers. The following 11-05-25 426 individuals will be necessary to aid the Governing Body in its discussion, City Manager Dr. Robert M. Perez, Interim Human Resources Director Alicia Guerroro-Chavez, and any other staff members as needed. The motion was seconded by Councilmember Banks. 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. (9-0-0) 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. Councilmember Hoferer moved to recess into executive session for a time not to exceed 45 minutes to give legal advice and discuss cases currently in litigation and other matters deemed privileged under Attorney-Client Privilege as allowed under K.S.A. 75-4319(b)(2). The open meeting will resume in the City Council Chambers. The following staff will be necessary to assist the Governing Body in its deliberations, Interim City Attorney Nick Jefferson, outside counsel, and other staff members as needed. The motion was seconded by Councilmember Kell. 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. (9-0-0) 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. Councilmember Hoferer moved to recess into executive session for time not to exceed 30 minutes to give legal advice and discuss cases currently in litigation and other matters deemed privileged under the Attorney-Client Privilege as allowed under K.S.A. 75-4319(b)(2). The open meeting will resume in the City Council Chambers. The following staff will be necessary to 11-05-25 427 assist the Governing Body in its deliberations, Interim City Attorney Nick Jefferson, outside counsel, and other staff members as needed. The motion was seconded by Councilmember Miller. 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. (9-0-0) At the conclusion of the executive session, the meeting was reconvened into an open session and Mayor Padilla announced there was no action taken during the executive session. NO FURTHER BUSINESS appearing the meeting adjourned at 9:42 p.m. (SEAL) ______________________________ Brenda Younger, City Clerk, M.M.C. 11-05-25 428 Attachment A