Governing Body

Governing Body Minutes – March 12, 2024 CITY COUNCIL CHAMBERS, Topeka, Kansas, Tuesday, March 12, 2024. 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, Oritz, Banks, Kell, Miller, Dobler, Duncan and Hoferer -8. Mayor Padilla presided -1. Councilmember Valdivia-Alcala participated remotely -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 March 12, 2024, 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 March 12, 2024, for attachment to the meeting minutes. AFTER THE MEETING was called to order Councilmember Duncan provided the invocation. THE PLEDGE OF ALLEGIANCE was recited by meeting participants. CONSENT AGENDA was presented as follows: ORDINANCE NO. 20481 introduced by Interim City Manager, Richard U. Nienstedt, allowing and approving City expenditures for the period December 30, 2023 to January 26, 2024 and enumerating said expenditures therein, was presented. ORDINANCE NO. 20482 introduced by Interim City Manager, Richard U. Nienstedt, allowing and approving City expenditures for the period January 27, 2024 to February 23, 2024 and enumerating said expenditures therein, was presented. 03-12-24 56  MINUTES of the regular meeting of March 5, 2024, was presented. Councilmember Dobler moved to approve the consent agenda. The motion seconded by Councilmember Kell carried unanimously on roll call vote. (10-0-0) RESOLUTION NO. 9502 introduced by Public Infrastructure Committee comprised of Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of Project Nos. 841097.05, 841079.17 and 501105.08 for street and stormwater improvement on NW Elm Row from Spangles to Topeka Boulevard, was presented. (The Public Infrastructure Committee recommended approval on February 20, 2024) Braxton Copley, Public Works Director, reported the project would include mill and overlay with full-depth patching on NW Elm Row from Spangles to Topeka Boulevard, and include Stormwater Conveyance System Rehabilitation. Councilmember Ortiz moved to approve the resolution. The motion seconded by Councilmember Dobler carried unanimously on roll call vote. (10-0-0) RESOLUTION NO. 9503 introduced by Public Infrastructure Committee comprised of Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of Project No. 841097.11 for street improvement on SE Greenfield Court, was presented. (The Public Infrastructure Committee recommended approval on February 20, 2024) Braxton Copley, Public Works Director, reported the project was part of the 2024 Pavement Management Rehab Program and would consist of a mill and overlay with full-depth patching, in addition to curb and gutter replacement on SE Greenfield Court. Councilmember Miller moved to approve the resolution. The motion seconded by Councilmember Banks carried unanimously on roll call vote. (10-0-0) 03-12-24 57  RESOLUTION NO. 9504 introduced by Public Infrastructure Committee comprised of Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of Project No. 841097.06 for street improvement on NW Menninger Road from Green Hills Road to Rochester Road, was presented. (The Public Infrastructure Committee recommended approval on February 20, 2024) Braxton Copley, Public Works Director, reported the project was part of the 2024 Pavement Management Rehab Program and would consist of a mill and overlay with full-depth patching on NW Menninger Road from Green Hills Road to Rochester Road. Councilmember Valdivia-Alcala moved to approve the resolution. The motion seconded by Councilmember Miller carried unanimously on roll call vote. (10-0-0) RESOLUTION NO. 9505 introduced by the Public Infrastructure Committee comprised of Councilmembers Sylvia Ortiz, David Banks and Neil Dobler, amending the 2024-2033 CIP and the 2024-2026 CIB to revise the scope of Project No. 131010.00 for the Municipal Building and TPAC HVAC improvement, was presented. (The Public Infrastructure Committee recommended approval on February 20, 2024) Braxton Copley, Public Works Director, reported the HVAC system for TPAC and City Hall are in dire need of replacement and approval of the proposed resolution would revise the project scope and reduce funding from $21.2 million to $18.6 million. Councilmember Dobler moved to approve the resolution. The motion seconded by Councilmember Hiller carried unanimously on roll call vote. (10-0-0) DISCUSSION of the proposed 2025-2034 Capital Improvement Plan and 2025-2027 Capital Improvement Budget, was presented. Richard U. Nienstedt, Interim City Manager, stated the CIB and CIP discussion would 03-12-24 58 continue from the meeting of March 5, 2024, and Public Works Director Copley would provide an overview of proposed Public Works projects. Public Works Programs  Pavement Management requesting a yearly increase of $1.2 million  Street Contract Preventative Maintenance requesting an increase of $1 million for additional Ultrathin Bonded Asphalt Surface (UBAS)  Alley Repair requesting a yearly increase of $150,000 for 2025 and 2026  FIRM Projects  Citywide Half-Cent Sales Tax Program Funding for 2025 o ADA Sidewalk Ramp: $300,000 o Curb & Gutter: $1.25 million o Sidewalk Repair: $100,000 o Streetlight Replacement: $100,000 for the purpose of repairing/replacing 10-12 street light poles per year and new solar light installation  Other Source Program Funding for 2025 o Infill Sidewalk Program: $600,000 o Bridge Maintenance: $600,000 o Traffic Safety: $400,000 o Traffic Signal Replacement: $1.8 million o Transportation Operations Fleet Replacement (Heavy Equipment): $1.3 million  50/50 Sidewalk Program  Citywide ADA Repair Councilmember Valdivia-Alcala asked if the $10,054.40 of the unused fund balance in the 2023 50/50 Sidewalk Repair Program would carry-over to the following year. Director Copley reported the funds would be placed in the Citywide Half-Cent Sales Tax Fund and Staff would request the funds be reallocated next year. Councilmember Ortiz thanked Josh McAnarney, Senior Financial Analyst, and Finance Staff members for creating a CIP book format that was easy to read and understand. She encouraged Governing Body members to approve the request for improvements to SE 6th Street from Golden Avenue to Rice Road. 03-12-24 59  Director Copley highlighted the following Public Works Project Reviews: Public Works Project Previews 1. SW Topeka Boulevard Phase II: 15th – 21st Streets (2024 Design & 2025-2026 Construction) 2. SW Topeka Boulevard: 29th – 38th Streets (2025 Design & 2026-2027 Construction) 3. S. Kansas Avenue: 10th – 17th Streets (2026-2027 Design & 2028 Construction) 4. SW 29th Street: Burlingame Road to Topeka Boulevard (2025 Construction) 5. Auburn Road: 29th Street to K-4 Highway (2025 Construction) 6. SW Huntoon Street: Gage Boulevard to Harrison Street (2024 Concept/Public Engagement & 2025 Design) 7. NW Lyman Road: Vail Avenue to Tyler Street Sidewalk (2024 Study; 2025 Right-of- Way; & 2026 Construction) 8. SE 29th Street: Kansas Avenue to Adams Street (2024 Study & 2025 Construction) 9. SW Fairlawn Road: 23rd to 28th Streets (2024 Design/Stormwater Replacement & 2025 Construction) 10. SE Sardou Avenue over Union Pacific Railroad (2025-2026 Design) 11. SE Golden Avenue: 1-70 to 21st Street Infill Sidewalks (2025 Construction) Councilmember Kell questioned the order of blocks slated for repair on Topeka Boulevard and believes it would be more productive to repair the entire street at the same time. He asked if the project would address stormwater issues. Councilmember Duncan asked Staff if they review projects and take intermediate steps to improve the Pavement Condition Index (PCI). Councilmember Miller reported constituents have requested the design of Huntoon Street mirror the 12th Street design plan as they move forward with design and construction in out-years Director Copley reported by the end of Summer, Topeka Boulevard will be improved in its entirety from 21st – 29th Streets; however, they have to use proper funding sources has they continue to complete section improvements of Topeka Boulevard. DISCUSSION regarding the use of excess funds from unreserved fund balances, was presented. Richard U. Nienstedt, Interim City Manager, stated as a result of the discussion from the 03-12-24 60 meeting of March 5, 2024, Staff has reached out to all departments for input on the proposed revised list of funding requests and will provide an overview of the surplus item funding requests totaling $8,315,556. Rachelle Mathews, Interim Finance Director, provided data on the General Fund Reserve Balance percentage for the past three years and noted, the 2023 percentage would be inclusive of the items being considered at this time and would end the year at 27.55% reserve level. She asked the Governing Body to keep the focus on the projected 23.74% reserve level at the end of 2024 due to the 2024 FIRM Project being placed in the 2024 operating budget in order to spend down general fund reserves. She highlighted the following funding request items:  Auto Self-Insurance Fund was reduced from $2 million to $1 million to establish a reserve of funds for years with higher than average claim experience or in the event of significant damage to the City’s larger apparatus and vehicles.  Pre-payment of TFD Fire Radio Lease in the amount of $605,556 was a new item added to the list. She reported by pre-paying the rest of the lease agreement it will save over $52,000 in interest as well as potentially free up monies for other projects over the next three years.  TPAC Capital Improvements in the amount of $500,000 was a new item added to the list for building repair and improvements at the request of Councilmember Duncan. Braxton Copley, Public Works Director, reported on the following items:  Fleet Building: A Capital project not to exceed $3.1 million. He reported Staff toured the Sears Garage located on SW Wannamaker Road and was impressed with the building. A list of needed improvements was being compiled and would be presented to the property owner in order to secure a lease for a temporary Fleet Garage location until the Polk-Quincy Viaduct project was completed. He also reported KDOT has increased their offer to $2.8 million for the current Fleet Garage property with a delta of $2.7 million remaining. There are two other items totaling approximately $600,000 being considered for reduction in price by KDOT; and Staff continues to negotiate with KDOT on the moving date.  Hotel Operations: A Capital expenditure totaling $2 million allowing them to address $1 million of immediate needs as noted in the Property Condition Assessment. He stated the funding would also address a critical need to replace the existing Trane Chiller in the amount of $200,000. He reported all funding expenditures must be approved by the Governing Body. 03-12-24 61   Paint Truck Rehabilitation: This striping truck is a capital asset that requires $120,000 for rehabilitation and adds 10 years of life to the machine. A new machine that includes the same features would cost $400,000. Patty Biggs, Deputy IT Director, reported the request for the IT Switch Project in the amount of $790,000 would upgrade 125 network switches within the City’s computing enterprise. She stated the switches connect all computing devices across various City facilities to the data center and the Internet. She reported the switches have surpassed their useful life of five years and have been in place since 2014 and 2015. Councilmember Miller asked if the new switches would have the same operating expectancy. Councilmember Hiller asked if these types of expenditures were already included in the IT Fees Fund. Deputy Director Biggs stated the useful life of the new switches would also be five years and Staff has not located where these types of expenditures were included in the fund for IT Fees. Interim director Mathews stated moving forward these type of expenditures would be included in the CIP for the purpose of creating a replacement cycle and funding source. She reported any reserve funds that are not used returns to the General Fund. Rhiannon Friedman, Planning and Development Director, reported the LMI Property Maintenance Rehab Funding request in the amount of $200,000 would expand the Federal Home Loan Bank and allow the City to assist individuals related to detached garage code violation needs to bring a whole property in to compliance. Councilmember Dobler spoke in support of the funding requests being proposed. He referenced the City of Topeka Reserve Fund Policy (Resolution No. 8824) setting a minimum unassigned fund balance of 15% and a suggested target rate of 20%. He requested Staff develop a 03-12-24 62 process to move all unassigned reserve funds over the 20% target rate to a “Ready Reserve Fund.” He requested fund limitations be implemented to include one-time expenses for equipment and maintenance items for the purpose of eliminating the need to bond these types of items. He stated this new fund would also provide a funding source for staff to determine if the expense fits better in the line-item operating budget or the “Ready Reserve Fund” as well as the advantage of having reserve funds available if needed in the time of crisis. He requested that each “Ready Reserve Fund” item be considered separately by the Policy and Finance Committee prior to Governing Body approval. Councilmember Hiller spoke in support of paying cash for items in the operating budget when possible. She asked the Governing Body to start thinking about using surplus dollars to fund the capital improvement budget allowing the City to borrow as little as possible as well as catch up on building maintenance. Councilmember Duncan spoke in support of the request made by Councilmember Dobler to create a “Ready Reserve Fund” providing flexibility for the use of reserve funds. He expressed concern with a maintenance plan not being included for TPAC in the CIP. He stated he would be proposing to add $1.6 million in the CIP, spread over the next five years, to be used as a TPAC Maintenance Plan and provide consistency in funding. Councilmember Ortiz reported a TPAC maintenance plan has not been included in the CIP because TPAC has always claimed they would be self-sufficient. She expressed the importance of TPAC attracting entertainment that produces more revenue to off-set expenses. Councilmember Duncan stated historically the directive of the Governing Body to TPAC has been to be community focused which causes an offset of revenue. Councilmember Hiller reported TPAC was initially set up as an enterprise fund; however, 03-12-24 63 they have not provided an update to the Governing Body for some time. She questioned if there was a master plan and if so, how do proposed capital improvements fit in that plan. She requested a full proposal from TPAC so the Governing Body can fully understand where funds should be allocated. Councilmember Miller stated he concurs with statements made by Council members and supports the directive to be community driven and providing an update to the Governing Body so they can work with TPAC to become self-sustaining. Mayor Padilla requested TPAC provide a financial statement that summarized the revenues, costs, and expenses incurred so they can better understand the situation and can make an informed decision on the best way to move forward. He stated TPAC was a vital part of the arts community and believes the facility needs to be managed differently. Councilmember Kell stated he concurs with Mayor Padilla and noted there are other facilities that can be used for local entertainment allowing TPAC to bring in larger paying entertainment. He stated TPAC also needs to work to secure a variety of entertainment that caters to a variety of ages. Interim City Manager Nienstedt spoke to the importance of having the right management in place for TPAC while serving the needs of the community as well as current audience driven entertainment acts. PUBLIC COMMENT was provided by the following individuals: Augie Bogina owner of the building located at 733 S. Kansas Avenue, Topeka, reported the construction to the south as the potential of causing the south wall of his building to collapse. He requested the City become engaged in the situation and provide assistance to avoid possible litigation and keep pedestrians on the sidewalk safe. 03-12-24 64  Henry McClure invited the Governing Body to tour the Mainline Printing Company facility and commented on the state of the art holographic equipment used by Mainline Printing. He stated he will continue to work on securing a deal with the City for the Mainline Printing Building owned by John Parker. He stated his funding request of $100,000 of economic development funds to install a sewer line for a new Pizza Hut in District 5 was denied three years ago. He noted if the request would have been approved there now would have been enough revenue produced to cover the cost of the installation. He referenced a KORA request he submitted to Shawnee County Commissioner Kevin Cook on March 11, 2024, asking who received grants and how much was allocated in 2022 and 2023. (Attachment A) ANNOUNCEMENT BY THE CITY MANAGER, MAYOR AND MEMBERS OF THE COUNCIL; Brenda Younger, City Clerk, provided an overview of the March 19, 2024, Governing Body meeting agenda. Councilmember Duncan stated a Topeka Land Bank presentation would occur in May 2024, providing an update of the properties that have been identified. He also thanked City Staff for testifying to the State Legislature and representing local government for the entire state of Kansas. Councilmember Hoferer announced the beginning of Project 3 of the Polk-Quincy Viaduct relocation. She stated traffic would be impacted for eight months between 1st Street, Polk Street and I-70. Councilmember Hiller announced 1st Street will be closed permanently due to the Polk- Quincy Viaduct project. She also announced the St. Patrick’s Day Parade would take place in downtown on March 16, 2024, and asked if there were Governing Body members who would like 03-12-24 65 to carry the banner at the beginning of the parade. Lastly, she announced the Brown vs. Board of Education 70th Anniversary on May 17, 2014. Councilmember Ortiz thanked Governing Body members, Interim City Manager Nienstedt, and City Staff members for attending the NIA meetings. She expressed her appreciation to Staff members for working after hours and providing fast responses to constituents. Councilmember Banks thanked the Finance Team for helping him gain knowledge from their department. He commented on the new opening of God’s Storehouse in District 4. Councilmember Kell thanked the Hotel Topeka at City Center staff members for their help in accommodating wrestling participates from the Kansas Kids Wrestling tournament March 8-10, 2024. He asked residents to remain mindful of road construction during the upcoming St. Patrick’s Day activities. Lastly, he recognized local student athletes that have excelled in wrestling and basketball. Councilmember Miller commented on the many Topeka area athletes that have excelled in basketball and commended them on their hard work. Mayor Padilla announced upcoming entry examines for Topeka Police Department and Topeka Fire Department. He thanked Rachelle Mathews, Interim Finance Director, for her service to the City. Councilmember Kell moved to recess into executive session not to exceed 1-hour to discuss upcoming performance goals for the Interim City Manager and candidates for the permanent City Manager as allowed under KSA 75-4319(b)(1). The open meeting will resume in the city council chambers. The following staff assisted the Governing Body in its deliberation: Interim City Manager Nienstedt and other staff he deemed necessary. The motion was seconded by Councilmember Hoferer. 03-12-24 66  Mayor Padilla asked all those in favor of recessing into to an executive session to indicate so verbally by saying “yea” and those opposing to indicate so verbally by saying “no.” The motion carried on voice vote. Councilmember Ortiz voted “no.” (9-1-0) At the conclusion of the executive session, the meeting reconvened into open session and Mayor Padilla announced no action was taken during the executive session. NO FURTHER BUSINESS appearing the meeting adjourned at 9:18 p.m. (SEAL) Brenda Younger City Clerk 03-12-24 67 Attachment A