Governing Body

Governing Body Minutes – November 18, 2025 CITY COUNCIL CHAMBERS, Topeka, Kansas, Tuesday, November 18, 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. Presiding: Mayor Padilla -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 November 18, 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 18, 2025, for attachment to the meeting minutes. AFTER THE MEETING WAS CALLED TO ORDER, the Invocation was provided by Terry Mize, Shawnee County Correctional Facility Chaplain. THE PLEDGE OF ALLEGIANCE was recited by meeting participants. BOARD APPOINTMENT recommending the reappointment of Samuel Sutton to the Metropolitan Topeka Airport Authority Board for a term ending November 30, 2028, was presented. (Council District No. 6) BOARD APPOINTMENT recommending the reappointment of Carly Feldhausen to the Shawnee County Community Corrections Advisory Board for a term ending November 30, 2027, was presented. (Outside City Limits) 11-18-25 439  BOARD APPOINTMENT recommending the reappointment of Keith Warta to the Gage Park Improvement Authority to fill a term ending December 13, 2028, was presented. (Council District No. 5) BOARD APPOINTMENT recommending the appointment of Samantha Raugewitz to the Topeka Sustainability Advisory Board for a term ending November 18, 2027, was presented. (Council District No. 6) BOARD APPOINTMENT recommending the reappointment of Laurie Niehaus to the Topeka Board of Zoning Appeals to fill a term ending December 31, 2028, was presented. (Council District No. 9) BOARD APPOINTMENT recommending the appointment of Travis Williams to the Topeka Housing Authority Advisory Board to fill an unexpired term ending on December 31, 2027, was presented. (Outside City Limits) Councilmember Kell moved to approve the appointments. The motion seconded by Councilmember Hoferer carried unanimously. The mayor does not vote. (8-0-0) AN UPDATE on the Changing Our Culture of Property Maintenance Initiatives was provided by Councilmember Karen Hiller, John Schardine, Property Maintenance Unit Director, and Nicole Stoval, Property Maintenance Unit Program Administrator. The following initiatives were highlighted: • Creation of a Renter Safety Net to include a referral system created and established with Housing Services; a prioritization standard created for PMU for Life and Safety Violations; and the Community Navigator position was reinstated in August of 2025 • Creation of a Homeowner Safety Net to include the establishment of a mowing referral program; established the Federal Home Loan Bank (FHLB) Grant in collaboration with City funding; and the Community Navigator position was reinstated in August of 2025 11-18-25 440  • Cross Department Collaboration to include joint inspections of all multi-family buildings with eight or more units by Fire and Property Maintenance; Property Maintenance along with multiple other departments have begun the transition of software from the current software (MyGov) to Tyler Technologies; and a data sharing platform has been established between Police, Fire and Property Maintenance • Education Materials to include a refresh of the Changing our Culture of Property Maintenance website page with the new launch of the website to include links to highlighted code references and education material; conducting Coffee with Code events; Tenant and landlord training classes; all education material coming out of Property Maintenance has been refreshed; Property Maintenance Code will continue to be available in print and online; and expanded programming was being considered including more education on the use of Small Claims Court • Improved Standards to include adding of vegetation, pest control and tree nuisances in mobile home parks; the 2024 IPMC is currently under review and scheduled for adoption in 2026; all Standard Operating Procedures are being reviewed and evaluated • Improved Policy and Procedures to include the prosecution of Limited Liability Corporations (LLC); City’s Retaliatory Eviction ordinance has been strengthened; established a Land Bank; considering a language addition that will allow for an enhanced penalty to non-owner-occupied properties which are repeat offenders or the issue is particularly egregious; and continue to work towards adding small developer roundtables, with Shawnee County on tax sales, and with Lank Bank and others for simple incentives for redevelopment • Data initiatives include the collection of comprehensive documents (2021-24 Yearly Data and 2025 data through 3rd Quarter are available); a top offenders list was generated for 2024 with the worst offenders being placed on an internal document with verified contact information for faster connection time; gathering of Census and ACS (American Community Survey) data; other data resources to include the Shawnee County Appraiser's website and Google/AI searches for "ghost properties” In conclusion, Councilmember Hiller encouraged Governing Body members to contact her with any ideas they may have regarding the Changing Our Culture of Property Maintenance initiatives. CONSENT AGENDA was presented as follows: 11-18-25 441  APPROVAL of a SETTLEMENT in the amount of up to $49,000 to resolve lawsuit with Brently Dorsey arising out of or relating in any way from employment with the City on a full and final basis, was presented. APPROVAL of the MINUTES of the regular meeting of November 12, 2025, was presented. Councilmember Dobler moved to approve the consent agenda. The motion seconded by Councilmember Duncan carried unanimously. (9-0-0) ORDINANCE NO. 20609 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 rezone properties located at 3825 SW 29th Street and 3835 SW 29th Street from “PUD” Planned Unit Development (C-4 Commercial uses) and “M-1” Two Family Dwelling District ALL TO “PUD” Planned Unit Development (C-2 Commercial uses), was presented. (PUD25/12) (Council District No. 7) Dan Warner, Planning Division Director, stated the request to rezone was to allow the proposed convenience store with fuel pumps to use an existing driveway on SW Atwood currently crossing residentially zoned property to be permitted. He reported that the applicant conducted a neighborhood information meeting on October 1, 2025, with concerns expressed about traffic congestion, stormwater detention and the potential for crime. The Planning Commission and Planning Staff recommend approval. Councilmember Kell asked if the applicant would be agreeable to just having access points at SW Atwood and SW Gage. Director Warner stated the applicant prefers full access from SW 29th Street. 11-18-25 442  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 Kell. Councilmember Kell moved to adopt the ordinance. The motion seconded by Councilmember Dobler carried unanimously. (9-0-0) The ordinance was adopted on roll call vote as follows: Ayes: Councilmembers Hiller, Ortiz, Banks, Kell, Miller, Dobler, Duncan, Hoferer and Mayor Padilla -9. ORDINANCE NO. 20610 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 planned unit development at the southeast corner of NW Tyler Street and NW Lyman Road, known as the Shorey Estates Subdivision from “PUD” Planned Unit Development “M-2” Multiple-Family (Day Care use only) and “R-1 Single-Family (open space use only)” to “PUD” Planned Unit Development (“R-2” Single- Family residential uses), was presented. (PUD25/11) (Council District No. 2) Dan Warner, Planning Division Director, stated the request by Topeka Habitat for Humanity Inc., was to allow for the creation of up to 23 new residential lots for detached single- family dwellings. He reported that the applicant conducted a neighborhood information meeting 11-18-25 443 on September 24, 2025, with concerns expressed about the proposed small lot sizes and resulting density. He noted although the proposed lots are substantially smaller than the existing residential lots in Shorey Estates, the lot sizes are consistent with minimum lot dimension for R- 2 single family residential zoning. The Planning Commission and Planning 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. No ex parte communication was declared by Governing Body members. Councilmember Hiller spoke in support of the development. Councilmember Dobler 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: Councilmembers Hiller, Ortiz, Banks, Kell, Miller, Dobler, Duncan, Hoferer and Mayor Padilla -9. ACCEPTANCE of land dedications in the FINAL Plat for Misty Harbor Estates Subdivision No. 6 located halfway between SW Gage and SW Burlingame, approximately 1/4 mile north of SW 45th Street. SW 42nd Street and SW 41st Street currently terminate into the property's west boundary and being extended as a part of the subdivision plat, was presented. 11-18-25 444  Dan Warner, Planning Division Director, stated the Misty Harbor Estates Subdivision No. 6 was a 72-lot residential subdivision intended for the development of 72 new residences and the purpose of the plat was to subdivide a 30.5-acre tract of land for 72 lots, public streets, and stormwater detention to be constructed in three phases. He reported the applicant conducted a neighborhood information meeting resulting in questions about stormwater drainage, phasing of the development and the effect of new special assessments on existing developed lots. The Planning Commission and Planning staff recommend approval. Councilmember Duncan moved to accept the land dedications in the Final Plat. The motion seconded by Councilmember Kell carried unanimously. (9-0-0) ORDINANCE NO. 20611 introduced by City Manager Dr. Robert M. Perez, annexing land to the City of Topeka, Kansas, in accordance with K.S.A. 12-520, halfway between SW Gage and SW Burlingame approximately ¼-mile north of SW 45th Street, was presented. (A25/6) (Council District No. 7) Dan Warner, Planning Division Director, stated F&L Enterprises, Inc., has provided consent for annexation associated with an application for a subdivision plat of 72 lots for single family dwellings associated with the final plat previously approved on the agenda. He reported property lies within Tier 2 of the Urban Growth Area of the Land Use Growth Management Plan 2040 and are contiguous to the fringe of the city and are the next priority for Topeka’s future urban growth. He also reported following the review by the Topeka Planning Commission, they found the annexation to be consistent with the City's Land Use and Growth Management Plan. He noted while state law does not require that annexation be reviewed by the Planning Commission, the City's adopted Comprehensive Land Use and Growth Management Plan 2040 11-18-25 445 requires that the Planning Commission make the determination that annexations of 10 acres or more are consistent with the plan. Councilmember Dobler 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: Councilmembers Hiller, Ortiz, Banks, Kell, Miller, Dobler, Duncan, Hoferer and Mayor Padilla -9. AUTHORIZING a public hearing date of December 9, 2025, for the purpose of hearing and answering objections of taxpayers relating to the proposed amendments to the 2025 Operating Budget, was presented. Josh McAnarney, Budget and Finance Division Director, stated approval would set a public hearing date of December 9, 2025, to consider 2025 Budget Amendments that would be discussed in detail at the public hearing. Councilmember Duncan moved to approve the public hearing date of December 9, 2025, and authorize publication. The motion seconded by Councilmember Hiller carried unanimously. (9-0-0) DISCUSSION regarding the 2026 City of Topeka Legislative Agenda, was presented. (Policy and Finance Committee recommended approval on November 12, 2025.) Councilmember Duncan, Policy and Finance Committee Chair, reported that the Policy and Finance Committee discussed proposals to be considered for the City's 2026 Legislative Agenda at its November 12, 2025, Committee meeting and recommended consideration of the following priorities: • Support legislation that respects constitutional home rule authority. 11-18-25 446  • Finance and Taxation priorities concerning Business Competition; Sales Tax; Unfunded Mandates; Property Tax Valuation; and the Revenue Neutral Process. • Public Safety Welfare priorities concerning Housing, Mental Health, Medicaid Expansion, Homelessness, Firefighter Helmet Cameras, Law Enforcement Officer Age Requirement and Minimum Wage. • Community and Economic Development priorities concerning Broadband, Metropolitan Topeka Airport Authority (MTAA), Local Government Employment Grants and Rights-of-Way Control. • Support the League of Kansas Municipalities 2026 Statement of Municipal Policy to the extent the Policy is consistent with the City’s priorities and agenda, including opposing legislation limiting the City’s Home Rule authority. Braxton Copley, Deputy City Manager, reported additionally it has been suggested to include legalization of medical cannabis in Kansas; however, this was not a topic that was discussed by the Committee. Councilmember Kell spoke to the importance of addressing sexual crimes against children and suggested this topic be included in the City’s 2026 legislative priority. Councilmember Miller stated he concurs with Councilmember Kell and would support addressing sexual crimes against children as part of the City’s 2026 legislative priorities. He reported that he suggested including the legalization of medical cannabis and referenced the medical benefits along with the possible $275 to $400 million of annual revenue that could be generated from medical cannabis as it is in the state of Colorado. Councilmember Hiller suggested adding language to eliminate the “zeroing-out” of property tax values if the structure could be rehabbed as well as establish a standard to receive payment in lieu of taxes for just vacant properties with the goal of helping the City deal with vacant properties. She spoke in support of the “Housing” priority examples listed in the resolution language; however, in the long-term she does not see the City duplicating the government’s process of mandatory inspections of properties that are subsidized by government 11-18-25 447 funding and noted, the City has their own affirmative program where the Fire Department and the Property Maintenance Unit reach out to problem and/or challenged multi-family properties of over eight units. She reported that there was a responsibility by government subsidized units to document inspections and if the City monitored this data more closely it would put the City in a much stronger position, sooner, to address difficult properties. She reported all states surrounding the Kansas have now legalized medical cannabis; therefore, she would support legalizing medical cannabis if part of the revenue could be distributed to local government to address homelessness, mental health and affordable housing issues as well as increasing the liquor tax for the same purpose. She also spoke in support of using drones as it relates to public safety as whole where appropriate. She suggested they include language to address temporary signs in city right-of-way through home rule regulation instead of State law. Councilmember Kell spoke in opposition to increasing the special alcohol tax because of the impact it would have on small businesses. He spoke in support of legalizing medical cannabis. Mayor Padilla spoke in support of addressing child crimes with stricter penalties. He also spoke in support of seriously considering the legalization of medical cannabis. Councilmember Duncan stated the City’s 2026 Legislative Agenda would be presented to the Shawnee County Delegation on December 8, 2025. Mayor Padilla encouraged Governing Body members to show their support by attending the December 8, 2025, Shawnee County Delegation meeting. PUBLIC COMMENT was provided by the following individuals: Sandra Lassiter distributed a copy of email related to a KORA request submitted by Carrie Bell (Attachment A) and expressed concern with the absence of signature by the City’s 11-18-25 448 Legal Department and the citing of a forty-year-old case while disregarding more recent and relevant case law. She referenced the continued denial by the City to release body-camera footage and the identify of officers who appear in officer involved shooting body-camera footage. She spoke on behalf of the community and the expectation that Governing Body members should put an end to the misuse of tax dollars as is relates to public safety and public trust. Carrie Bell read a statement posted by her late son Dylan Walstrom. She urged the Governing Body to help her find out the names of the police officers who shot her son. She expressed her disappointment with the Governing Body and City Leadership as it relates to how the Police Department operates. Henry McClure expressed his disappointment in City leadership as it relates to the amount of City Debt, the purchase of Hotel Topeka and the allocation of JEDO funds for the purchase of the AT&T Building. He stated it was his hope that all City employee whistleblowers would report their concerns to the Department of Labor. He suggested reallocating $750,000 from the General Fund and $750,000 from the special liquor tax to address homelessness and mental health issues. ANNOUNCEMENTS BY THE CITY MANAGER, MAYOR AND MEMBERS OF THE COUNCIL: Councilmember Hiller thanked all those that made the effort to encourage citizens to vote. Councilmember Kell recognized Mayor Padilla and Councilmember Dobler for their service and guidance. 11-18-25 449  Councilmember Duncan thanked Staff for assisting the Breadbasket Food Pantry in continuing service to the community until they recover from a recent fire. He announced they need to reappoint representatives on the Land Bank Commission for 2026 and one of those individuals needs to be a member of a neighborhood improvement association. Councilmember Hoferer announced the first two girder beams were erected for the Polk- Quincy Viaduct project. She also announced the Topeka Zoo lights would be open from November 21, 2025 to December 31, 2025. Mayor Padilla thanked Principal Kelli Hoffman, French Middle School Principal, for allowing him to serve as “Principal for Day” on November 18, 2025, and stated he enjoyed the experience very much. NO FURTHER BUSINESS appearing the meeting adjourned at 7:55 p.m. (SEAL) ______________________________ Brenda Younger, City Clerk, M.M.C. 11-18-25 450 Attachment A