Governing Body

Governing Body Minutes – July 30, 2024 CYRUS K. HOLLIDAY BUILDING, Topeka, Kansas, Tuesday, July 30, 2024. The Governing Body members of the City of Topeka met in special session at 6:00 P.M. with the following Councilmembers present: Councilmembers Hiller, Valdivia-Alcala, Ortiz, Banks, Kell Duncan, and Hoferer -7. Mayor Padilla presided -1. Absent: Councilmembers Miller and Dobler -2. 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 30, 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 012B, Topeka, Kansas, 66603 or via email at cclerk@topeka.org on or before July 30, 2024, for attachment to the meeting minutes. AFTER THE MEETING was called to order, Councilmember Ortiz provided the invocation. THE PLEDGE OF ALLEGIANCE was recited by meeting participants. ADVISORY COUNCIL APPOINTMENT of Anthony Fadale to the City of Topeka Americans with Disabilities Act (ADA) Advisory Council for a term ending July 31, 2026, was presented. (Council District No. 7) BOARD APPOINTMENT recommending the appointment of Kris Carlson to the Board of Plumbing Examiners for a term ending July 31, 2026, was presented. (Business is in Council District No. 3) Councilmember Ortiz moved to approve the appointments. The motion seconded by 07-30-24 160 Councilmember Kell carried unanimously on roll call vote. The Mayor did not vote. (7-0-0) CONSENT AGENDA was presented as follows: RESOLUTION NO. 9560 introduced by Councilmember Karen Hiller, granting Arab Shriners an exception to the provisions of City of Topeka Code Section 9.45.150, et seq., concerning noise prohibitions, was presented. (Council District No. 8) RESOLUTION NO. 9561 introduced by Councilmember Karen Hiller granting Topeka Foundry & Iron Works an exception to the provisions of City of Topeka Code Section 9.45.150, et seq., concerning noise prohibitions, was presented. (Council District No. 1) RESOLUTION NO. 9562 introduced by Councilmember Karen Hiller, approving a special event known as the Topeka Foundry & Iron Works Family Day, was presented. (Council District No. 1) ORDINANCE NO. 20499 introduced by City Manager Dr. Robert M. Perez, allowing and approving City expenditures for the period April 27, 2024 to May 31, 2024 and enumerating said expenditures therein, was presented. APPROVAL of CONTRACT NO. 52267 an amendment to City of Topeka Contract No. 52221 a Public Works Engineering Contract between the City of Topeka and KBS Constructors, Inc., in an amount not to exceed $398,736 for pre-construction design-build services for the design and reconstruction of a new fleet services maintenance facility, was presented. APPROVAL of CONTRACT NO. 52268 a Consultant Contract for Information Technology between the City of Topeka and BlueAlly Technology Solutions, in an amount not to exceed $681,378.02 for replacing the information technology Juniper switches for maintaining the system's network, was presented. MINUTES of the regular meeting of July 9, 2024, was presented. 07-30-24 161  Councilmember Kell moved to approve the consent agenda. The motion seconded by Councilmember Banks carried unanimously on roll call vote. (8-0-0) APPROVAL of CONTRACT NO. 52269 a three-year Labor Agreement between the City of Topeka and the Fraternal Order of Police Lodge No. 3, was presented Matt Blassingame, FOP Lodge No. 3 Chief Steward, spoke in support of the proposed contract and the impact it will have on the Department now and in the future. Ben Heusted, FOP Lodge No. 3 President, spoke in support of the proposed contract and thanked all those involved with the negotiation process. Councilmembers Miller and Dobler joined the meeting remotely. Jamey Haltom, Interim Police Chief, thanked the Union members and Staff for a fair negotiation process reaching a tentative agreement for a 3-year contract ratified by the FOP on July 12, 2024. He spoke to how the contract will impact position vacancies and employee morale by remaining competitive with surrounding law enforcement agencies. He provided a brief overview of contract language changes to include a 17% salary increase for year one and 5% salary increase for year two and year three. Councilmember Banks stated in light of recent incidents he will struggle to vote in favor of approving a 17% salary increase for the first year and questions how it truly compares to other comparable law enforcement agencies. Councilmember Miller expressed the importance of citizens understanding the importance of offering fair wages to help ensure position vacancies are filled and police offers are not overworked. He spoke to the need of having the right resources in place to support positive interactions between citizens and police officers. 07-30-24 162  Councilmember Valdivia-Alcala expressed concern with the City of Topeka Police Department (Attachment A) and spoke to the importance of making the Police Department the best it can be. She stated she would support the contract as proposed and will continue to work towards addressing the issues she has raised. Councilmember Kell spoke to the importance of successful recruitment and the filling of vacancies. He stated he concurs with portions of the statements made by Councilmember Valdivia- Alcala; however, vacancies must be filled before they can truly advocate for efficiencies and training in the Police Department. Councilmember Duncan encouraged citizens to fully understand the cost of the core function of public safety to tax payers and the importance of what has to be done to remain competitive with comparable cities. He reported Staff has made positive steps towards improved evaluation processes and discipline of Topeka police officers. Councilmember Ortiz stated she would support the contract; however, she encouraged Police Department employees to respect each other as well as citizens and work to change the culture of the Police Department to ensure a safe and equitable working environment. Councilmember Miller stated he concurs with Councilmember Ortiz. Mayor Padilla spoke to his 45 years of experience in law enforcement and the importance of respect from citizens and police officers alike. Councilmember Duncan moved to approve the agreement. The motion seconded by Councilmember Ortiz carried unanimously on roll call vote. (10-0-0) ORDINANCE NO. 20500 introduced by City Manager Robert M. Perez, concerning accessory dwelling units, amending Sections 18.55.010, 18.55.040, 18.60.010 and 18.225.010 of the Topeka Municipal Code and repealing original sections, was presented. 07-30-24 163  Dan Warner, Planning Division Director, reported the proposed text amendment would permit, with standards, accessory dwelling units in single-family districts, with a broad purpose of the amendment to increase the supply of missing middle housing and to increase affordability of housing units. He provided an overview of the Stakeholder Process and stated the Planning Commission reviewed and discussed the accessory dwelling unit proposal at their meetings on April 15, 2024 and May 20, 2024; and the Planning Commission held a public hearing on the proposal and unanimously approved the text amendment on June 17, 2024. Councilmember Hiller moved to adopt the ordinance. The motion was seconded by Councilmember Duncan. Councilmember Hiller stated should would like to propose an amendment to lines 1094 and 1095 of the ordinance to strike the words “of the zoning district shall apply” and replace the words with “in 18.60.020 and 18.230 of the Zoning Code” The sentence would read as follows: (9) ADUs shall comply with applicable building codes, and dimensional standards of the zoning district shall apply in 18.60.020 and 18.230 of the Zoning Code unless stated otherwise in these standards. Division Director Warner spoke in support of the amendment. Councilmember Hiller moved to amend the ordinance as previously stated. The motion seconded by Councilmember Duncan carried unanimously on roll call vote. (10-0-0) Councilmember Hiller moved to adopt the ordinance as amended. The motion seconded by Councilmember Duncan carried unanimously. The Mayor does not vote. The proposed ordinance involves a matter of home rule on which the Mayor has veto authority. The ordinance was adopted on roll call vote as follows: Ayes: Councilmembers Hiller, Valdivia-Alcala, Ortiz, Banks, Kell, Miller, Dobler, Duncan and Hoferer -9. ORDINANCE NO. 20501 introduced by City Manager Dr. Robert M. Perez, amending 07-30-24 164 the "District Map" referred to and made a part of the Zoning Ordinances by Section 18.50.050 of the Topeka Municipal Code on property located at 1220 SW Executive Drive rezoning from "O and I-2" Office and Institutional District to "PUD" Planned Unit Development District with "O and I-2" Office and Institutional Uses with limited "C-2" Commercial uses including body art service/tattooing, body-piercing and coffee shop (cafe), was presented. (PUD 24/08) (Council District No. 9) Dan Warner, Planning Division Director, reported a master plan was not associated with the request; however, a body art service/tattooing, body-piercing and coffee shop are allowed uses in the "C-2" Commercial Zoning District, and to ensure compatibility with the surrounding zoning and land use, the PUD zoning restricts allowed uses described in the ordinance recommended for adoption. He stated additional restrictions limit the size and nature of the cafe, prohibit alcohol sales, prohibit drive-through operation and limit allowed signage. He noted the recommended PUD zoning was consistent with the land Use and Growth Management Plan 2040 and the plan's Future Land Use Map designation of the area as "Mixed-Use.” He reported the applicant conducted a Neighborhood Information Meeting on May 29, 2024, and a representative from owner of adjacent property (Bartlett & West) and Councilmember Hoferer (District 9) attended the meeting and all concerns are addressed in the attached staff report. Mayor Padilla announced 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 07-30-24 165 comments made during the Planning Commission hearing and similar relevant information related to the matter. Ex parte communication was declared by Councilmember Dobler. Councilmember Hoferer moved to adopt the ordinance. The motion seconded by Councilmember Kell carried unanimously. 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. 20502 introduced by Deputy Mayor Christina Valdivia-Alcala concerning trees in mobile home parks, creating a new sub article (14.65.410) in Chapter 14.65 of the Topeka Municipal Code, was presented. Councilmember Valdivia-Alcala reported the ordinance was discussed at the July 9, 2024, Governing Body meeting and approval would require an owner of a mobile home park to remove any dangerous tree or to prune it so it is no longer a danger to persons or property in the vicinity of the tree. She noted she believes this change in code will work well with the City of Topeka Changing Our Culture of Property Maintenance initiative. Councilmember Valdivia-Alcala moved to adopt the ordinance. The motion seconded by Councilmember Banks carried unanimously. The Mayor does not vote. The proposed ordinance involves a matter of home rule on which the Mayor has veto authority. The ordinance was adopted on roll call vote as follows: Ayes: Councilmembers Hiller, Valdivia-Alcala, Ortiz, Banks, Kell, Miller, Dobler, Duncan and Hoferer -9. ORDINANCE NO. 20503 granting to Kansas Gas Service, a Division of ONE Gas, Inc., and its successors and assigns, a natural gas franchise, prescribing the terms thereof and relating thereto, providing definitions of terms, prescribing a franchise fee, providing terms and conditions 07-30-24 166 for the use of public rights-of-way, requiring advance notice of work and duty to repair, providing for indemnification and a hold harmless agreement, providing for rules and regulations, prescribing insurance requirements, reserving certain rights, providing for revocation and termination, providing for an acceptance of the terms of the franchise, providing for a reopener, providing for notice of annexations, prescribing relevant governing law, providing for transfer and assignment of the franchise, providing for points of contact and notifications, providing for an agreement to renegotiate, and repealing all ordinances or parts of ordinances inconsistent with or in conflict with the terms hereof, was presented. Amanda Stanley, City Attorney, stated approval would set the franchise fee and provides the terms and conditions for the use of public rights-of-way. Councilmember Duncan moved to adopt the ordinance. The motion seconded by Mayor Padilla carried unanimously. 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. RESOLUTION NO. 9563 introduced by the Public Infrastructure Committee comprised of Councilmembers Sylvia Ortiz, David Banks and Neil Dobler, amending the 2025-2034 CIP and 2025-2027 CIB to include Project Nos. 291058.00, 291110.00, 291061.00 and 291144.00 and to modify Project Nos. 291131.00, 291132.00 and 291192.00, was presented. (The Public Infrastructure Committee recommended approval on July 16, 2024.) Nicole Malott, Utilities Deputy Director, reported the Public Infrastructure Committee approved the improvements to the Grant Jefferson and Shunga Pump Stations and force mains on July 16, 2024. 07-30-24 167  Councilmember Ortiz moved to approve the resolution. The motion seconded by Councilmember Banks carried unanimously on roll call vote. (10-0-0) RESOLUTION NO. 9464 introduced by Public Infrastructure Committee comprised of Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of Project Nos. 291105.01 and 291144.00 for the Grant Jefferson Force Main rehabilitation and/or replacement as further described in Exhibit A, was presented. (Public Infrastructure Committee recommended approval on July 16, 2024.) Nicole Malott, Utilities Deputy Director, reported Public Infrastructure Committee recommended approval of the improvements to the Grant Jefferson Force Main rehabilitation and/or replacement on July 16, 2024. Councilmember Ortiz moved to approve the resolution. The motion seconded by Councilmember Banks carried unanimously on roll call vote. (10-0-0) RESOLUTION NO. 9565 introduced by Public Infrastructure Committee comprised of Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of Project No. 291061.00 for the Grant Jefferson Pump Station rehabilitation and/or replacement as further described in Exhibit A, was presented. (Public Infrastructure Committee recommended approval on July 16, 2024.) Nicole Malott, Utilities Deputy Director, reported the Public Infrastructure Committee recommended approval of the improvements to the Grant Jefferson Pump Station rehabilitation and/or replacement on July 16, 2024. Councilmember Hiller requested moving forward, the original project scope including the proposed changes be included with each Public Infrastructure Committee agenda item. 07-30-24 168  Councilmember Ortiz moved to approve the resolution. The motion seconded by Councilmember Dobler carried unanimously on roll call vote. (10-0-0) RESOLUTION 9566 introduced by Public Infrastructure Committee comprised of Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of Project Nos. 291105.02 and 291110.00 for the Shunga Force Main rehabilitation and replacement as further described in Exhibit A, was presented. (Public Infrastructure Committee recommended approval on July 16, 2024.) Nicole Malott, Utilities Deputy Director, reported the Public Infrastructure Committee recommended approval of the improvements to the Shunga Force Main rehabilitation and replacement on July 16, 2024. Councilmember Ortiz moved to approve the resolution. The motion seconded by Councilmember Kell carried unanimously on roll call vote. (10-0-0) RESOLUTION NO. 9567 introduced by Public Infrastructure Committee comprised of Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of Project No. 291058.00 for the Shunga Pump Station rehabilitation and/or replacement, was presented. (Public Infrastructure Committee recommended approval on July 16, 2024.) Nicole Malott, Utilities Deputy Director, reported the Public Infrastructure Committee recommended approval of project no. 291058.00 for the Shunga Pump Station rehabilitation and/or replacement. Councilmember Ortiz moved to approve the resolution. The motion seconded by Councilmember Banks carried unanimously on roll call vote. (10-0-0) 07-30-24 169  APPROVAL of the 2025 Social Services Grant (SSG) Committee allocation recommendations in the amount of $493,810, was presented. (The SSG Committee recommended approval by a vote of 3-0-0 on July 9, 2024.) Brett Martin, United Way, explained the process and stated the SSG Committee met on June 24, 2024 to review the scoring recommendations presented by United Way's Grant Review Committee of all social service grant applications for 2025. He reported a total allocation of $426,810 in General Funds and $67,000 in Community Development Block Grant funds was recommended. Councilmember Hiller referenced the grant review process that has been in place for several years and questioned why the Committee took action to amend the scoring and funding award amounts for Shawnee County Medical Society's HealthAccess and Community Action. She expressed concern with setting future precedence. Brett Martin reported the Social Service Grants Committee met July 9, 2024 to hear appeals from agencies regarding their application scores including the Shawnee County Medical Society's HealthAccess, Community Action and East Topeka Senior Center. Councilmember Kell spoke in support of the organizations and the positive impact they make on the community. Councilmember Valdivia-Alcala expressed concern with low scoring applicants receiving funding as it will have a huge impact on a process that has taken many years to implement. Councilmember Ortiz, SSG Committee Chair, stated the additional funding could be removed from the recommendation if that was what was preferred by the Governing Body. Mayor Padilla state he would support the recommendation; however, he remains concerned with setting precedence for the process moving forward. 07-30-24 170  Councilmember Kell moved to approve the 2025 Social Services Grant Committee allocation recommendations in the amount of $493,810. The motion seconded by Councilmember Banks carried. Councilmember Duncan voted “no.” Councilmember Miller abstained. (8-1-1) RESOLUTION NO 9568 introduced by Councilmembers Kell, Miller, and Hoferer sitting as the Transient Guest Tax Committee, to reallocate remaining transient guest tax funding from the Evel Knievel Museum to the Downtown Topeka Foundation Ice Rink, and DEVELOPMENT AGREEMENT CONTRACT NO. 52270 between the City of Topeka and Downtown Topeka Foundation specifying the rights and responsibilities relating to the ice rink project, were presented. Ty Dragoo spoke in support of constructing a full size ice rink promoting economic development and supporting the needs of the community. He thanked the Governing Body for advocating for any type of ice rink. Devan Headworth spoke in support of a full size ice rink and encouraged the Governing Body to approve the ice rink proposal from Downtown Topeka Foundation. Kurt Young, Downtown Topeka Foundation, provided the history of how the ice-rink proposal has evolved dating back to 2021. He stated they have learned a great deal about the operation of an ice-rink and level of support and enthusiasm shared by the community for a permanent ice-rink. Don Heiland, DTF Board Treasurer, provided an overview of the Evergy Plaza Public Ice Skating Rink Proposal with an initial installation total acquisition cost of $585,973 in 2024, and a final installation cost $173,016 in 2025. Councilmember Kell spoke in support of the proposal and encouraged DTF to generate as much revenue as possible through sponsorships. 07-30-24 171  Councilmember Hoferer stated the Transient Guest Tax Committee has been discussing what action to take with the undistributed transient guest tax dollars due to the departure of the Evel Knievel Museum. She reported the Committee recommends dedicating current and future undistributed TGT funds that would have allocated to the Evel Knievel Museum to be allocated to the Downtown Topeka Foundation for building an ice-skating rink directly north of Evergy Plaza, contingent upon an agreed-upon development agreement between the City and the Downtown Topeka Foundation. Councilmember Valdivia-Alcala spoke in opposition of the proposal because it was part of an area that consumes 70% of the TGT funding allocation. She expressed concern with the lack of TGT funds being allocated to the NOTO Arts District. Councilmember Ortiz inquired on the process of advertising the TGT funding allocations that have become available. Councilmember Duncan stated the Committee made the decision in 2023 to not utilize a competitive bidding process but instead, seek input from the community and project managers that had already received TGT funding. Councilmember Miller spoke in support of the proposal. Councilmember Hiller provided the history of the TGT grant funding process. She stated NOTO would have an opportunity to receive funding for a large project in 2027 when the Evel Knievel Museum funding sunsets. Councilmember Duncan stated he looks forward to reopening the development agreements that were initially negotiated several years ago. He asked the Foundation to consider increasing the amount of public restroom facilities as the level of downtown activities increase. 07-30-24 172  Thomas Underwood, NOTO Arts District Executive District, stated he only recently found out about the TGT funds that were made available and spoke to the impact NOTO has on the Topeka community. He questioned how NOTO can receive these funds in the future. Pedro Concepcion spoke to the impact the NOTO Arts Districts has on the cultural aspect of the Topeka community. He stated the TGT funds would help the district tremendously and spoke to the importance of a fair and equitable process in receiving the money. Mayor Padilla referenced the late hour and the two discussions still remaining on the agenda and requested Public Comment be considered next on the agenda. Councilmember Duncan moved to consider public comment as the next item on the agenda. The motion was seconded by Councilmember Hiller. Mayor Padilla asked all those in favor of considering Public Comment as the next item on the agenda 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) PUBLIC COMMENT was provided by the following individuals and written public comment was received by Dave Cobler (Attachment B): Tyler Jaggers recommended the City of Topeka prohibit homeless encampments within 2,000 feet adjacent to all critical infrastructure as deemed so by the Governing Body. Brian Cole, Director of Shawnee County Corrections Facility, invited Governing Body members to attend the ground breaking ceremony in mid-August 2024 of the Shawnee County Correction Behavioral Health Unit. He provided an overview of the facility programs and required training certifications of employees - all actions supporting the enhancement of public safety. 07-30-24 173  Heather Souther, downtown business owner, expressed concern with the safety of her customers and employees as it relates to the unsheltered population. She asked the Governing Body for assistance in resolving the issue. Henry McClure references recent constructive evictions forced by eliminating water service to buildings. He encouraged the City to help small businesses and expressed concern with the lack of ability to generate economic development due to the difficult processes in place for securing funding assistance in Topeka and Shawnee County. Councilmember Dobler left the meeting. Following a 15-minute recess, the meeting reconvened into open session. Councilmember Hiller moved to extend the meeting past 10:00 p.m. The motion seconded by Mayor Padilla carried. Councilmember Ortiz voted “no.” (8-1-0) DISCUSSION related to the 2025 Operating Budget, was presented. Dr. Robert M. Perez, City Manager, provided opening comments and thanked citizens for participating in the public input sessions where their budget priorities were highlighted and discussed. He also thanked City staff members for their input and noted he has met with each department director who will provide budget presentations in upcoming weeks. Lastly, he thanked Mayor Padilla and City Councilmembers for their time and guidance in building the 2025 Operating Budget. Josh McAnarney, City Budget Manager, provided an overview of the following budget topics:  Tentative budget presentation schedule with a special meeting being called on August 27, 2024 and public listening sessions;  2025 Revenue Scenarios for the Operating Budget  Taxing Entities in Topeka  The City’s Portion of Property Tax  Projected 2025 General Fund Expenses 07-30-24 174   Scenarios for the General Fund Deficit  General Fund Reserve Balance Projections  General Fund Operating Expense Categories  General Fund Expense Increases from FY24 to FY25 Expense Budget  Forecasting General Fund Projections for FY 2025 – FY 2027  Quantifying Reductions  Future Budget Policy Considerations for FY 2026 and Beyond  Implementing Proposed Sales Tax Initiatives  Mill Levy Scenarios FY 2025 Budget City Manager Perez spoke to the seriousness of the process and the decisions that had to be made to present the 2025 Operating Budget. Councilmember Duncan asked how Governing Body members should communicate suggested budget amendments. City Manager Perez requested all budget amendments be routed through the Budget Office to be vetted and then considered by the Governing Body as a whole. Councilmember Hoferer spoke in support of reasonable increases to general fees. Councilmember Duncan requested a complete review of all fees to ensure the purpose and necessity of each fee being charged by the City. He noted there may be fees that need to be eliminated. Councilmember Hiller expressed concern with the forecasted $17 million deficit. She suggested they seriously consider big ticket items that will make a difference in regards to budget cuts. She stated the City of Topeka budget was not sustainable and suggested the City of Topeka implement outcome based budgeting practices. Ben Hart, Interim Chief Financial Officer, reported the finalized comprehensive fee list should be reviewed annually. Councilmember Ortiz spoke to the importance of grants and the potential to offset the operating budget. 07-30-24 175  DISCUSSION related to a resolution introduced by Councilmember Spencer Duncan urging all taxing entities, including the State of Kansas and City of Topeka, to keep mill levies at the lowest possible rates, was presented. Councilmember Duncan reported the resolution was non-binding and would not force the Governing Bod to take action on any specific plan. He stated he would like to the Governing Body to consider the proposed the resolution to inform citizens that the impact of property tax rates are taken seriously by the Governing and will be part of their 2025 budget discussions. He stated the resolution also recognizes the complicated taxing system they must follow (8 different entities in Shawnee County) and helps citizens understand the role they must play. He noted for far too long, these 8 entities have not recognized that they are all one taxing unit and all should make the effort to reduce taxes. Councilmember Valdivia-Alcala spoke in support of the resolution. ANNOUNCEMENT BY THE CITY MANAGER, MAYOR AND MEMBERS OF THE COUNCIL; Brenda Younger, City Clerk, announced the August 6, 2024 Governing Body Meeting has been cancelled pursuant to Resolution No. 9481 due to primary elections; and the City Manager is calling a Special Budget Meeting of the Governing Body on August 27, 2024 at 6:00 p.m. in Cyrus K. Holliday Building First Floor Conference Room, Topeka, Kansas. Dr. Robert M. Perez, City Manager, reminded citizens to participate in the City of Topeka Police Chief recruitment survey and public input sessions. He stated detailed information can be found online at https://www.topeka.org/news/city-of-topeka-announces-public-input-sessions-for- police-chief-selection/#gsc.tab=0 and input will be considered as it relates to the crafting of the Topeka Police Chief’s job description. 07-30-24 176  Councilmember Ortiz reminded citizens to participate in the August 6, 2024 Primary Election. Councilmember Kell recognized Army Specialist Kyle G. Thomas, killed in the line of duty on September 25, 2023. Councilmember Hoferer encouraged citizens to participate in National Night Out events the week of August 5-9, 2024. Councilmember Valdivia-Alcala thanked Liz Toyne for her service to the City, and welcomed Tonya Bailey and Tara Jefferies as the new City Council Assistants. She announced the City of Topeka Changing Our Culture of Property Maintenance would be offering education material regarding retaliatory evictions and more information could be found online at https://www.topeka.org/citycouncil/changing-our-culture-of-property-maintenance/#gsc.tab=0. Mayor Padilla encouraged citizens to slow down and drive safe to avoid fatalities. He also asked citizens to participate in the August 6, 2024 Primary Election. Mayor Padilla moved to recess into executive session for a period time not to exceed 45 minutes to discuss personnel matters involving one or more individual employees as justified by K.S.A. 75-4319(b)(1). The open meeting will resume in the Cyrus K. Holliday Building. The following staff will be necessary 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 vote “no.” (8-1-0) 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. 07-30-24 177  Councilmember Kell moved to recess into executive session for a period of time not to exceed 20 minutes to discuss acquisition of real property for various purposes as justified by K.S.A. 75-4319(b)(6). The open meeting will resume in the Cyrus K. Holliday Building. The following staff will be necessary to assist the Governing Body in its deliberations, City Manager Perez and any other staff he deems necessary. The motion was seconded by Mayor Padilla. 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 vote “no.” (8-1-0) 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 period of time not to exceed 10 minutes to discuss matters deemed privileged under attorney-client privilege as justified by K.S.A. 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 deliberations, City Attorney Stanley and any other staff the Governing Body 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 vote “no.” (8-1-0) 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. 07-30-24 178 NO FURTHER BUSINESS appearing the meeting adjourned at 11:25 p.m. (SEAL) Brenda Younger City Clerk 07-30-24 179  ATTACHMENT A These comments are in reference to the fraternal order of police contract along with the Topeka Police Department overall. For a city of 125,000 residents the best practices for the number of police officers per 1000 people very slightly depending on the specific needs and crime rates of the city. Generally the average range is between 1.8 to 2.5 officers per 1000 inhabitants. For Topeka KS the recommended range aligns closely with the average of 2.0 officers per 1000 residents being a typical benchmark. These stats are from the FBI uniform crime reporting. This means that Topeka should ideally have about 250 police officers for a population of 125,000 to ensure adequate law enforcement presence and community safety. And we are already over that 250 police officers. I'm stating once again we need to seriously reimagine, re envision along with needed efficiencies our Topeka Police Department. Rather than put the burden of mental health calls on their shoulders and the close to $500,000 per year into the behavioral health unit and CT unit we need to consider hiring and contracting out with the third party the needed mental health professionals these mental health professionals would be white mental health professionals, black mental health professionals and brown mental health professionals. This will then place less stress on Topeka police officers in the realm they are not adequately trained nor should they have to pick up the pieces in this broken mental health system that we are trying to come to terms with and find answers to. We also need groups outside of the Topeka Police Department that have serious track records of helping reduce crime. I'm excited about seeing what the possibilities are curious to see what the possibilities are with the upcoming visit of cities united with their proven methodology in helping align neighborhoods with what the neighborhoods believe that they need along with the proven track record in reducing crimes in these neighborhoods as well. I also believe that we need a serious review of efficiencies that being time studies needed looking at the various positions of those officers that are not on the street. We need better deployment. We have a little over 40 sergeants on staff that Topeka PD is currently pain over $2,000,000 for. We have 4 captains currently on the police force and their annual pay tops over $496,000. I have received all of this information from the finance department. We have 4 majors and their pay tops out at over half a million dollars. And we have 14 lieutenants and their combined annual pay is over 1.5 million. I have repeatedly heard over the past several years that Topeka Police Department is top heavy period and I'm being very vocal on this because I think our new chief of police needs to take a look at this seriously. The budget woes that we are in always fall on the back of our taxpayers and we need to keep in mind that this is a shared burden for all of us we must start looking at efficiencies more than how much can be made through advancement. We must look stridently at performance measures, moving past the mindset that there is no need for a meet expectations on annual evaluations by our police officers when if anywhere across our departments in the city, meets expectations should be a priority for our police officers before they are given any step increase. Because of the level of responsibility that comes with their job. And I want to be very clear as well that I see many fine officers out on the streets of Topeka Police Department and I will say it once again how much my district appreciates and depends on the community police officers. We need more community police officers deeply involved in our neighborhoods working hand in hand with neighborhood groups. And there has been continued comments that there are moves to defund the police and I would say this vibe is not in existence that I am aware of on this governing body and I would challenge that defund the police dialogue. Because there has been a lot of support for law enforcement. Attachment A. C. Valdivia-Alcala Statement What I will continue to work on with community, with activists and advocates is for the needed training of police and the injustices that have occurred at times with police towards community. There is still work to be done for more transparency within the Police Department along with our continued dialogue with the Department of Justice over concerns with the Topeka Police Department. All of these efforts are about making Topeka the best it can be and those that work for the city of Topeka the best that they can be. The shortages that we continue to hear of within the Police Department are also realities within the realms of social work, firefighters, teachers, manufacturing workers and the list could go on and on. I am also heartened to report that there were small changes pushed forward in the contract negotiations that the FOP has approved. And that is a good thing. With all of this said I will be supporting this FOP contract. Christina Valdivia-Alcala, Deputy Mayor District 2 Representative (785) 233-7110 cvaldivia-alcala@topeka.org Attachment A. C. Valdivia-Alcala Statement ATTACHMENT B