Governing Body

Governing Body Minutes – July 2, 2024 CYRUS K. HOLLIDAY BUILDING, Topeka, Kansas, Tuesday, July 2, 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, Valdivia-Alcala, Ortiz, Banks, Kell, Miller, Dobler, Duncan, and Hoferer -9. Mayor Padilla presided -1. Public comment for the meeting was available via Zoom or in-person. Individuals were required to contact the City Clerk's Office at 785-368-3940 or via email at cclerk@topeka.org by no later than 5:00 p.m. on July 2, 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 July 2, 2024, for attachment to the meeting minutes. AFTER THE MEETING was called to order, Reverend Lashad Buffett, True Vine Missionary Baptist Church, provided the invocation. THE PLEDGE OF ALLEGIANCE was recited by meeting participants. BOARD APPOINTMENT recommending the appointment of Alexis Simmons to the Topeka Human Relations Commission to fill an expired term ending July 12, 2024, was presented. (Council District No. 3) Councilmember Hiller moved to approve the appointment. The motion seconded by Councilmember Banks carried unanimously on roll call vote. The Mayor does not vote. (9-0-0) A PRESENTATION on the Topeka Housing Authority (THA) Annual Report was provided by Trey George, THA President and CEO. Councilmember Miller requested annual updates be provided by THA. He stated he looks 07-02-24 135 forward to increasing public housing units. Councilmember Kell asked if the City could provide assistance to THA. Councilmember Dobler asked how many housing units THA offers the community. Councilmember Valdivia-Alcala asked how many people are listed on the public housing wait list and if a breakdown on race and ethnicity for public housing could be provided to her. Councilmember Ortiz thanked Trey George for making sure the Pine Ridge units are clear of trash and debris. She referenced property located at SE 21st Street and SE Golden Avenue and asked when THA plans to develop the property. Councilmember Hiller encouraged Governing Body members to tour the Echo Ridge Housing Complex, the newest complex with the most energy efficient units, specifically if they are interested in doing similar projects in their districts. In response, Trey George reported the following: • THA has a good working relationship with the City and the City is always willing to assist THA when needed. • THA has reached the allotted public housing allowed by the regulations of the United States Housing and Urban Development Department. • THA provides approximately 2,400 affordable housing units in the community with approximately 500 landlords participating in the housing voucher program. • 232 individuals and/or families are currently on the public housing wait list. • He would provide a breakdown on race and ethnicity data to the Governing Body. • THA has submitted tax credit applications for the SE 21st Street property as well as SE 23rd and Highland Streets property. • He would be happy to provide tours to Governing Body members. A PRESENTATION on the Data Walk: A Catalyst for Community Change was provided by Brett Martin, United Way of Kaw Valley Community Impact Program Director. Councilmember Valdivia-Alcala thanked Brett Martin for providing the update and thanked him for engaging the very important conversation. She encouraged citizens to get involved in addressing the disparities, racism and systemic issues that plague the community. 07-02-24 136  Councilmember Hiller thanked Brett Martin for his update and stated she was disappointed these types of issues are still prominent in the community. Mayor Padilla stated he believes Shawnee County needs to collaborate with the City to combine important resources in addressing the issues. Councilmember Miller commended United Way for implementing the Family Forward Program to assist with child care for working families. CONSENT AGENDA was presented as follows: APPROVAL of Professional Services CONTRACT NO. 52225 between the City of Topeka and Black & Veatch Corporation for providing professional engineering services in an amount not to exceed $945,434 for Project Nos. 281165.00 and 281166.00 for the West Intake Rehabilitation and Chemical Building upgrades, was presented. APPROVAL of Public Works Engineering Design-Build Contract between the City of Topeka and KBS Constructors, Inc., in an amount to be determined by mutual agreement between the City and Design-Build team during both, the preliminary estimate development and guaranteed maximum price development for engineering design-build services, was presented. APPROVAL of a Professional Services Contract between the City of Topeka and Professional Engineering Consultants, P.A. for an amount not to exceed $300,355 to provide professional engineering services for Pavement Rehabilitation Project No. 841097.08, was presented. APPROVAL of Planning and Development Services CONTRACT NO. 52224 between the City of Topeka and JEO Consulting Group, Inc., in an amount not to exceed $299,966.99 to perform professional engineering consulting services to aid the City in developing and updating the current Pedestrian Master Plan, was presented. 07-02-24 137  APPROVAL of a Workers' Compensation Claim settlement in the amount of up to $50,000 to resolve the claim with Gregory Hutley on a full and final basis for a work-related injury sustained by an employee while engaged in normal work duties, was presented. MINUTES of the regular meeting of June 18, 2024, was presented. APPROVAL of the following Cereal Malt Beverage Off-Premise Licenses were presented. Business Name Address K Fast Track 2 1401 SW Huntoon Street Seabrook Apple Market 1945 SW Gage Boulevard Councilmember Duncan requested Item 5B, a Professional Services Contract between the City of Topeka and KBS, Constructors, Inc., be removed from the consent agenda and considered separately. Mayor Padilla announced the item would be removed from the consent agenda and placed on the agenda as Action Item 5D. Councilmember Dobler moved to approve the consent agenda as amended. The motion seconded by Councilmember Kell carried unanimously on roll call vote. (10-0-0) RESOLUTION NO. 9552 introduced by City Manager Dr. Robert M. Perez, notifying the County Clerk of: (1) a proposed intent to exceed the revenue neutral rate for the Topeka Metro Transit Authority (TMTA); (2) the proposed tax rate; and (3) the date, time and location of the public hearing to consider adopting a budget that exceeds the revenue neutral rate, was presented. Josh McAnarney, Budget Manager, reported the City was responsible for levying a tax on behalf of the TMTA in the amount of 4.2 mills, the proceeds of which are used by the TMTA for transit services and included as part of the City's budget. He stated the first procedural step was to notify the County Clerk of the Governing Body's intent to exceed the Revenue Neutral Rate, identify a proposed tax rate, and indicate the date, time and location of the public hearing. 07-02-24 138  Councilmember Dobler moved to approve the resolution. The motion was seconded by Councilmember Miller. Councilmember Duncan requested prior to the September 10, 2024, public hearing and adoption of the budget, the Governing Body be provided with what the difference will be in TMTA’s budget and services if the Governing Body denies them the ability to exceed the RNR as well as any equipment that needs to be purchased, so the Governing Body can make an informed decision. He also requested public input be gathered on potential TMTA budget and service changes prior to the September 10, 2024, date of action. The motion to approve the resolution carried unanimously on roll call vote. (10-0-0) RESOLUTION NO. 9553 introduced by the Policy and Finance Committee comprised of Councilmembers Marcus Miller, Spencer Duncan and Michelle Hoferer authorizing the use of $605,556 from the Unassigned Reserve Fund for the pre-payment of lease payments for portable fire radios, was presented. (The Policy and Finance Committee recommended approval on June 11, 2024.) Randall Phillips, Topeka Fire Chief, reported the Fire Department was currently in year two of a five-year lease purchase for the replacement of the portable radio system that are used on emergency calls previously approved by the Governing Body and funded with Unassigned Reserve Funds. He stated approval of the request will provide some additional funding over the next three years within the Operating Budget, saving approximately $52,000 in interest costs over the term of the lease by making the lump sum payment rather than the annual lease payments for the term through 2027. Councilmember Ortiz moved to approve the resolution. The motion seconded by Councilmember Banks carried unanimously on roll call vote. (10-0-0) 07-02-24 139  RESOLUTION NO. 9554 introduced by the Public Infrastructure Committee comprised of Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of Project No. 241078.01 for Sidewalk Improvements in the Oakland Neighborhood, was presented. (The Public Infrastructure Committee recommended approval on June 18, 2024.) Braxton Copley, Public Works Director, reported the Public Infrastructure (PI) Committee recommended approval of the project on June 18, 2024, to construct new sidewalks in the Oakland neighborhood. Councilmember Valdivia-Alcala thanked the PI Committee for recommending approval and stated she looks for to the positive impact the improvements will have on the quality of life for Oakland Neighborhood residents. Councilmember Ortiz thanked the PI Committee for recommending approval and stated the improvements were long overdue. Councilmember Valdivia-Alcala moved to approve the resolution. The motion seconded by Councilmember Ortiz carried unanimously on roll call vote. (10-0-0) APPROVAL of Public Works Engineering Design-Build CONTRACT NO. 52221 between the City of Topeka and KBS Constructors, Inc., in an amount to be determined by mutual agreement between the City and Design-Build team during both, the preliminary estimate development and guaranteed maximum price development for engineering design-build services, was presented. Braxton Copley, Public Works Director, reported approval of the contract was the beginning of a long process and stated City of Topeka Fleet’s Garage need to be relocated by March 31, 2025 so they need a short-term as well as a long-term solution. She stated services would help identify sites and cost estimates which would have to be approved by the Governing 07-02-24 140 Body. Councilmember Duncan stated he requested the item be considered separately to allow Public Works Director Copley an opportunity to explain the process and confirm a site for the Fleet Garage has not been selected. Councilmember Duncan moved to approve the contract. The motion seconded by Councilmember Dobler carried unanimously on roll call vote (10-0-0) ANNOUNCEMENT BY THE CITY MANAGER, MAYOR AND MEMBERS OF THE COUNCIL; Tonya Bailey, Assistant City Clerk, provided an overview of the July 9, 2024, Governing Body Meeting agenda. Dr. Robert M. Perez, City Manager, announced the City would host a Suppler Diversity Expo for small businesses on July 20, 2024 from 9:00 a.m. to 2:00 p.m. at the Washburn University Memorial Union located at 1820 SW Jewell Avenue, Topeka. Councilmember Ortiz offered her condolences to the Francis Stewart "Jack" Alexander family and recognized the contributions Mr. Alexander made to the community. Councilmember Kell reminded citizens to stay safe and be respectful of their neighbors as they celebrate the July 4th Holiday. He announced the schedule of the Topeka War Dogs, an organization that honors and helps veterans. Councilmember Miller offered his condolences to the Francis Stewart “Jack” Alexander family and recognized the contributions Mr. Alexander made to the community. Councilmember Dobler offered his condolences to the Francis Stewart "Jack" Alexander family. 07-02-24 141  Councilmember Duncan asked citizens and Governing Body members to review his budget and tax proposals posted on his social media outlets that he plans to present to the Governing Body for consideration in upcoming weeks. He encouraged everyone to donate blood. Councilmember Hoferer announced the Topeka West Holidome located at 605 SW Fairlawn Avenue, Topeka, was being demolished. She encouraged citizens to participate in the various July 4th Holiday neighborhood parades around the city. Councilmember Hiller announced the grand opening of the Billard Airport Sky Restaurant and new Airport Hanger on July 2, 2024. She offered her condolences to the Francis Stewart "Jack" Alexander family. She requested an annual update on City of Topeka Fireworks Regulations be provided to the Governing Body in June of each year. Councilmember Valdivia-Alcala encouraged residents to be mindful and respectful of residents and pets during the July 4th Holiday. She announced upcoming events for the 2024 Fiesta Mexicana Celebration. Mayor Padilla thanked Hotel Topeka for hosting the 2024 KHLAAC Latino Leadership Summit and Gala Dinner on June 29, 2024. He offered his condolences to the Francis Stewart "Jack" Alexander family and recognized the contributions Mr. Alexander made to the community. Governing Body members welcomed City Manager Dr. Robert M. Perez and stated they look forward to working with him. Following a 10-minute recess, Councilmember Ortiz moved to recess into executive session not to exceed 20 minutes to discuss matters deemed privileged under the Attorney-Client Privilege as allowed under KSA 75-4319(b)(2). The open meeting will resume in the Cyrus K. Holliday building. The following staff will be necessary to assist the Governing Body in its 07-02-24 142 deliberations, City Attorney Amanda Stanley and any other staff the Governing Body finds useful. The motion was seconded by Councilmember Duncan. 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 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. Councilmember Miller moved to recess into executive session not to exceed 45 minutes to discuss employer/employee negotiations relating to one or more unions as justified by KSA 75- 4319(b)(3). The meeting will resume in the Cyrus K. Holliday Building. The following staff to assist the Governing Body in its deliberations: City Manager Perez and any other staff he deems necessary. 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 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. Mayor Padilla moved to recess into executive session for a time not to exceed 30 minutes to discuss personnel matters involving one or more employees as allowed under KSA 75- 4319(b)(1). The open meeting will resume in the Cyrus K. Holliday building. The following individuals will be necessary to aid the Governing Body in its discussion, City Manager Perez and anyone else he deems necessary. The motion was seconded by Councilmember Valdivia-Alcala. Mayor Padilla asked all those in favor of recessing into executive session to indicate so by 07-02-24 143 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 9:15 p.m. (SEAL) Brenda Younger City Clerk 07-02-24 144