Governing Body

Governing Body Minutes – September 10, 2024 CYRUS K. HOLLIDAY BUILDING, Topeka, Kansas, Tuesday, September 10, 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, Duncan, Dobler, Miller 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 September 10, 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 September 10, 2024, for attachment to the meeting minutes. AFTER THE MEETING WAS CALLED TO ORDER, Councilmember Kell provided the invocation. THE PLEDGE OF ALLEGIANCE was recited by meeting participants. BOARD APPOINTMENT recommending the appointment of Alisha Mireles to the Civil Service Commission to fill a term ending September 10, 2028, was presented. (Council District No. 8) ADVISORY COUNCIL APPOINTMENT of Michael Byington to the City of Topeka Americans with Disabilities Act (ADA) Advisory Council for a term ending September 13, 2026, was presented. (Council District No. 1) Councilmember Otiz moved to approve the appointments. The motion seconded by Councilmember Miller carried unanimously on roll call vote. The Mayor did not vote. (9-0-0) 09-10-24 222  A PRESENTATION on the Gage Park Improvement Authority (GPIA) Board 2023 Annual Report was provided by Keith Warta, Gage Park Improvement Authority Board Member, and Jim Martin, Board Chair. Tammy Cortez, Board Secretary and Treasurer, was also present. Councilmember Duncan asked how GPIA discretionary funds (5% of the sales tax collected) are expended and what are the current plans for the funds. He referenced the Gage Park Master Plan and questioned there was a need to include a large community building. He questioned the future of the Helen Hocker Theatre and if there were plans to assist in keeping the program active and if the Theatre needs to be relocated will GIPA funding be available to assist. Councilmember Ortiz inquired on the expansion of train tracks in the park. Councilmember Miller asked if there were plans to increase the shaded areas of the park to better accommodate large community events. Councilmember Hoferer asked if the Master Plan would be presented to the Governing Body as well as to the public for input. In response, the following was reported: • $100,000 of GIPA match funding was allocated in partnership with the Shawnee County Parks & Recreation Department to facilitate the on-going Parks Assessment Study as well as $50,000 has been allocated to the Topeka-Shawnee County Public Library Free & Reduced Admission Program for the Kansas Children’s Discovery Center and the Topeka Zoo. • Current plans include proactive steps by GPIA to contribute to new Way Finding Signage and possibly the rehabilitation of the existing Gage Park 6th Street Entry Arch. It was noted that the character and history of Gage Park takes priority in all discussions. • Discussions have taken place regarding the ability to offer train rides and carousel rides year around - along with a provision to attach a large community building to the train and carousel complex allowing Shawnee County Parks & Recreation to conduct their summer camps as well as accommodating large community gatherings. • Helen Hocker Theatre remains active in Gage Park and potential plans for the program will be released over the next six months along with the plans for the train and carousel. • It was reported GPIA funding will be directed to (1) overall communications (2) safety and (3) Master Plan efforts. 09-10-24 223  • Efforts continue regarding the expansion of train tracks in Gage Park with several route proposals being presented to date; however, the tracks would be extremely expensive to install. • Additional shaded areas are outlined in the Master Plan. • It was confirmed that the next phase of the Master Plan would be presented to the public and all governing authorities. Mayor Padilla commended the Board for their work on the Gage Park Master Plan as well as the expansion of the Kansas Children’s Discovery Center. CONSENT AGENDA was presented as follows: APPROVAL of a Workers' Compensation Claim settlement in the amount of up to $50,000 to resolve the claim with Chris Sanders on a full and final basis for a work-related injury sustained by an employee while engaged in normal work duties, was presented. ORDINANCE NO. 20517 introduced by City Manager Dr. Robert M Perez, allowing and approving City expenditures for the period June 1, 2024 to June 28, 2024 and enumerating said expenditures therein, was presented. ORDINANCE NO. 20518 introduced by City Manager Dr. Robert M Perez, allowing and approving City expenditures for the period June 29, 2024 to July 26, 2024 and enumerating said expenditures therein, was presented. MINUTES of the regular meeting of September 3, 2024, were presented. Councilmember Kell moved to approve the consent agenda. The motion seconded by Councilmember Miller carried unanimously on roll call vote. (10-0-0) RESOLUTION NO. 9581 introduced by City Manager Dr. Robert M. Perez providing notice that the City is considering establishing a Reinvestment Housing Incentive District (“RHID”) for the Riverstone (Meier's Place) Subdivision RHID and adopting a plan for the development of housing and public facilities in the proposed RHID; and establishing the date and time of a public hearing, was presented. 09-10-24 224  Rhiannon Friedman, Planning and Development Director, reported Gen III Construction, LLC has applied for reinvestment housing incentives pursuant to the Reinvestment Housing Incentive District Act, and the Secretary of Commerce has authorized the City to proceed with considering the establishment of the RHID and adopting a plan for housing facilities. She stated the next step in the process would be to set a public hearing on October 15, 2024, to consider public comment, publish a hearing notice in the Topeka Metro Newspaper and notify the Shawnee County Commission and the Seaman United School District 345 Board of Education. James Bolden welcomed City Manager Perez. He thanked Matt Pivarnik, CEO of Greater Topeka Partnership for asking the tough questions to implement economic development. He spoke to the need for affordable housing and more jobs. Councilmember Ortiz moved to approve the resolution. The motion seconded by Councilmember Banks carried unanimously on roll call vote. (10-0-0) CONTRACT NO. 52381 a funding agreement between Gen III Construction and Development, LLC and the City of Topeka, was presented. Rhiannon Friedman, Planning and Development Director, reported the agreement was for the Riverstone (Meier's Place) RHID and if approved, the developer would pay the City sufficient moneys to cover the City's cost in analyzing and effecting the districts creation. She stated the developer plans to develop and sell 15 single-family homes ranging from 1,200 to 1,750 square feet utilizing the RHID program. Councilmember Ortiz moved to approve the funding agreement. The motion seconded by Councilmember Kell carried unanimously on roll call vote. (10-0-0) PUBLIC HEARING 09-10-24 225  A Public Hearing to consider comment from the public concerning the Governing Body’s consideration whether to exceed the Topeka Metro Transit Authority’s revenue neutral rate of 4.017 and impose a proposed tax rate of 4.2 mills, was presented. Josh McAnarney, Budget Manager, reported the City's budget includes a levy on behalf of the TMTA and Topeka Municipal Code A9-2 requires the Governing Body to levy a tax of 4.2 mills on behalf of the TMTA, the proceeds of which are used to provide funding for bus services. He stated the established RNR rate for the TMTA was 4.017 and the Governing Body cannot levy a tax of 4.2 mills unless it first passes a resolution to exceed TMTA's RNR of 4.017. Amanda Stanley, City Attorney, stated the Governing Body must entertain comment from the public and vote on the resolution before closing the public hearing. Mayor Padilla opened the public hearing and asked if there was anyone present who would like to speak to the matter. The following individuals appeared to speak at the public hearing: Scott Misenhelder, Cynthia Frost, Melvin Adams, Chrystal Shephard, Greg Buchanan and Mary Hawkins. Individuals expressed concern with rising property tax rates; the inability of people being able to pay their taxes; inflation rates; lack of transparency on the amount of debt the City has incurred; how tax payers dollars are being spent; fixing the streets; how a $15 million reserve fund was acquired; needed improvements in the Oakland area; and the purpose of city government and the need to take care of its people. Mayor Padilla announced the public hearing would remain open until action has been taking on the RNR resolution by the Governing Body, at which time the public hearing would close. 09-10-24 226  RESOLUTION NO. 9582 introduced by City Manager Dr. Robert M. Perez, to levy a property tax rate on behalf of the Topeka Metro Transit Authority (TMTA) that exceeds the Revenue Neutral Rate, was presented. Councilmember Ortiz spoke in support of keeping the mill levy rate the same at 4.2 mills. She stated TMTA has not addressed the need for increased services of the MOD (Metro On Demand) transportation program in east Topeka for the Low to Moderate Income (LMI) community. Councilmember Duncan asked what the average increase was on residential property tax in 2024. Budget Manager McAnarney report the overall increase was $4.58% which included commercial properties. Councilmember Hiller stated TMTA has held their mill levy at 4.2 for several years, if they do not remain at the same level they will have to cut services. Councilmember Valdivia-Alcala expressed the importance of large companies contributing to the transportation needs of LMI communities. Councilmember Hiller moved to approve the resolution. The motion seconded by Councilmember Valdivia-Alcala carried unanimously on roll call vote. (10-0-0) Upon approving the resolution, Mayor Padilla announced the public hearing was closed. Mayor Padilla spoke to the importance of large companies being a part of the solution regarding transportation needs in LMI communities. Councilmember Hiller stated as the Downtown grows, she would encourage the consideration of satellite parking lots in partnership with downtown businesses as they look to update the Parking Master Plan. 09-10-24 227  PUBLIC HEARING A Public Hearing to consider comment from the public concerning the Governing Body’s consideration of adopting a budget for 2025 that exceeds the Revenue Neutral Rate (RNR) which is 35.341 Josh McAnarney, Budget Manager, reported approval will allow the City to exceed the Revenue Neutral Rate (RNR) of 35.341 and impose a possible maximum mill levy rate of 38.952 mills. He stated this means that the Governing Body cannot levy a tax in excess of this amount unless it passes a resolution exceeding the RNR. Councilmember Duncan inquired on last year’s mill levy rate. Budget Manager McAnarney reported the rate was 36.952 mills. Amanda Stanley, City Attorney, stated the Governing Body must entertain comment from the public and vote on the resolution before closing the public hearing. Dr. Robert M. Perez, City Manager, stated if the resolution was passed, the Governing Body may proceed to pass an appropriation ordinance adopting a budget with a possible maximum mill levy rate of 38.952 mills. If the Resolution fails, staff will have to revise the budget to accommodate diminished revenue. Mayor Padilla opened the public hearing and asked if there was anyone present who would like to speak to the matter. The following individuals appeared to speak at the public hearing: Earl McIntosh (Attachment A), Melvin Adams, Lanelle Griffith, Henry McClure and Leo Hafner. Individuals expressed concern with the over $500 million dollars of city debt; the need to contact Governing Kelly to discuss the petition that includes over 5,000 signatures asking the city to remain revenue neutral; increased inflation rates and property tax rates; if Topeka was a sanctuary city; transparency of how tax payer dollars are being spent; the need to fix streets; the importance of 09-10-24 228 sticking to core functions of government; reducing the budget through the use of the “Zero Based Budgeting” concept; redefine economic development by broadening the tax base and growing the population; the approximate $10 million debt associated with the Hotel Topeka; and what significant reductions have been made to the budget specifically as it relates to top heavy departments. Mayor Padilla announced the public hearing would remain open until action has been taken on the resolution by the Governing Body, at which time the public hearing would close. RESOLUTION NO. 9583 introduced by City Manager Dr. Robert M. Perez, to levy a property tax rate that exceeds the City of Topeka’s Revenue Neutral Rate, was presented. Councilmember Kell spoke to the importance of sustaining the city as it relates to street and water infrastructure as well as employees. He reported the City of Topeka has not raised the mill levy in the past 12 years unlike Shawnee County, Evergy and other utilities. He spoke in opposition of increasing the mill levy; however, it may need to happen as they cannot continue to defer maintenance on streets, water lines and parking garages. Councilmember Valdivia-Alcala spoke to the large number of infrastructure improvements in Oakland and all areas of the city that have occurred. She stated the City has asked for funding assistance from the State of Kansas surplus funds and was denied. She concurred that some City departments are top heavy; however, there continues to be a need of increased police offers to deal with the unsheltered population. She referenced the decay of services provided to citizens at all levels of government. She spoke to the complexity of the issues a whole and encouraged citizens to review the City of Topeka website to learn about the improvements that have taken place in the Oakland area. 09-10-24 229  Councilmember Ortiz stated she concurs with Councilmember Valdivia-Alcala. She noted that it does not matter where a person lives in the city because all citizens are being affected by increased property taxes. She encouraged citizens to educate themselves on the levels of government and how mill levy increases are approved and levied. Councilmember Duncan reported that Topeka was not a sanctuary city. He encouraged citizens to educate themselves on the role the State of Kansas plays in increasing property taxes. He referenced the market studies conducted to support the increase in salary for police officers amounting to $6 million of the 2025 budget. He stated the City has kept the mill levy flat for 13 consecutive years and lowered the rate in 2023 and 2024. He reported he has received requests to increase funding for police, fire and the homeless initiative; however, he has received no requests to make budget cuts. He referenced the approximately $1 million of budget cuts proposed by Staff for the 2025 budget and would welcome citizen driven cost savings. He stated he would support the resolution as presented; however, he would not support a budget that increases the mill levy. He noted the RNR was created to force transparency of local governments and the lowering of property tax rates will take cooperation within all levels of government. He stated the City will continue to try and help those that are most vulnerable. Councilmember Valdivia-Alcala spoke to the importance of breaking down the silos in all levels of government if they want to truly make a difference for citizens. Councilmember Kell referenced cost saving initiatives already taking place by Staff to help save tax dollars including improved street repair processes and purchasing equipment so the City can construct their own street signs. Councilmember Miller recognized the comments made by citizens during the public hearing and reminded citizens the Governing Body was here to serve the community. He spoke to 09-10-24 230 the transparent budget process that was already in place including the resources available for citizens to view the budget line items. He encouraged citizens to provide ideas on budget cuts. Councilmember Hiller stated she concurs with many of the statements made. She clarified the City bought Hotel Topeka to avoid having a dilapidated building located next to the Stormont Vail Event Center which is slated to receive $50 million of improvements approved by voters. She referenced the $20 million deficit she believes was in place for the 2025 budget and noted, she has come up with approximately $10 million of proposed budget cuts. Mayor Padilla commended Governing Body members for their hard work in understanding budget details and making the decision-making process transparent. He spoke to the importance of making sure infrastructure and public safety remains top priority and thanked citizens for providing input on the budget. Councilmember Kell moved to approve the resolution. The motion seconded by Councilmember Valdivia-Alcala carried unanimously on roll call vote. (10-0-0) Upon approval of the resolution, Mayor Padilla announced the Public Hearing was closed. Following a 10-minute recess, Mayor Padilla reconvened the meeting into open session and announced they would proceed with the public hearing on the City of Topeka 2025 Operating Budget. PUBLIC HEARING A Public Hearing for the purpose of hearing and answering objections of taxpayers relating to the proposed City of Topeka 2025 Operating Budget, was presented. Josh McAnarney, Budget Manager, reported if the 2025 budget was adopted as proposed, the adopted Mill Levy rate will be 37.952. Mayor Padilla opened the public hearing and asked if there was anyone present who would like to speak to the matter. 09-10-24 231  The following individual appeared to speak at the public hearing: Henry McClure spoke in support of fully funding public safety and infrastructure improvements to attract future economic development. Upon no one else appearing, Mayor Padilla announced the public hearing was closed. DISCUSSION related to the imposition of real estate liens on properties that have received utility services but have failed to pay for such services, was presented. Nicole Malott, Utilities Deputy Director, reported the City of Topeka Utilities Department provides utility services for water, wastewater, stormwater and fire line services to a variety of customers located both inside and outside the city limits. She stated when customer utility bills become delinquent, the normal delinquency controls are to turn off the water service to the customer until the customer makes full payment on the delinquent amounts. However, some customers receive wastewater service and stormwater service from the City but no water service greatly reducing the City’s ability to get the customer to pay delinquent amounts since the City could not shut off their water service. She noted because most are rural water district customers, the rural water district cannot shut off water service for failure of a customer to pay a bill owed to the City. She stated customers identified the ordinance are delinquent in payment for services provided by the City and no “Readiness To Serve” charges are included in the liens. Councilmembers Hiller and Ortiz asked who customers should contact to resolve payment issues. Deputy Director Malott reported customers should call the City of Topeka Water Customer Service Center at 785-368-3111. 09-10-24 232  Councilmember Duncan stated he would propose an amendment to exclude residential noncommercial properties located in city limits that owe less than $200 when the ordinance was considered for adoption. Councilmember Valdivia-Alcala spoke in support of the proposed amendment. DISCUSSION concerning the 2024 Standard Traffic Ordinance (STO) and local amendments amending Topeka Municipal Code Sections 10.15.010 and 10.15.020, was presented. Amanda Stanley, City Attorney, reported the League of Kansas Municipalities (LKM) prepares and publishes the Standard Traffic Ordinance on an annual basis in July following the legislative session. She highlighted the changes and stated approval would adopt the 51st version of the STO. DISCUSSION concerning the adoption of the 2024 Uniform Public Offense Code (UPOC) and local amendments, amending Topeka Municipal Code Section 9.05.080, was presented. Amanda Stanley, City Attorney, The League of Kansas Municipalities (LKM) prepares and publishes the Uniform Public Offense Code on an annual basis in July following the legislative session. She highlighted the proposed changes and stated approval would adopt the 2024 UPOC. Councilmember Duncan state he believes all City departments, such as Public Works and Code Compliance employees will eventually need body and/or dash cameras due to their interactions with the public. City Manager Perez confirmed only the Police and Fire Departments have body/dash cameras; however, they could consider using these devices for other departments as mentioned by Councilmember Duncan. PUBLIC COMMENT was submitted by Marcia Lessenden (Attachment B) and provided by the following individual: 09-10-24 233  Henry McClure referenced the history of the parcel located at 3245 SW Topeka Boulevard and asked the City to honor the original deal for Chick-fil-A and Whataburger restaurants as it relates to economic development funding needs. ANNOUNCEMENTS BY THE CITY MANAGER, MAYOR AND MEMBERS OF THE COUNCIL; Brenda Younger, City Clerk, provided an overview of the September 17, 2024, Governing Body Meeting agenda. Councilmember Kell spoke to the importance of making Topeka a better city and growing the population. He acknowledged the concerns expressed by citizens during the public hearing. Councilmember Duncan announced District 8 Open Office Hours on September 15, 2024 from 3:00 to 4:30 p.m. at Fairlawn Plaza, Topeka. Councilmember Hiller expressed her pride in being a member of the Governing Body and dealing with the tough issues. Councilmember Ortiz announced East Topeka North and East Topeka South neighborhoods in collaboration with the City of Topeka would host a Fight the Blight event on Saturday 15, 2024. She thanked City of Topeka Community Engagement employees and all volunteers helping to clean up the city. Councilmember Banks thanked Staff for participating in a recent District 4 NIA meeting. He expressed his appreciation to Staff for listening to his constituents and taking an interest in the district. Mayor Padilla acknowledged those lost in the September 11, 2001 terrorist attacks on the United States. He thanked all public safety employees working to protect our community. 09-10-24 234  Councilmember Kell moved to recess into executive session for a time not to exceed 20 minutes to discuss personnel matters involving a workers’ compensation issue involving one or more employees as allowed under K.S.A. 75-4319(b)(1). The open meeting will resume in the Cyrus K. Holliday building First Floor Conference Room. 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 Miller. Mayor Padilla asked all those in favor of recessing into executive session to indicate so by verbally by saying “yea” and those opposing to indicate so verbally by saying “no.” The motion carried unanimously 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 20 minutes to discuss one or more matters in litigation or possible litigation deemed privileged under the Attorney-Client Privilege as allowed under K.S.A. 75-4319(b)(2). The open meeting will resume in the Cyrus K. Holliday building First Floor Conference Room. The following staff will be necessary to assist the Governing Body in its deliberations, City Attorney Amanda Stanley and any other staff the Governing Body finds useful. The motion was seconded by Councilmember Kell. Mayor Padilla asked all those in favor of recessing into executive session to indicate so by verbally by saying “yea” and those opposing to indicate so verbally by saying “no.” The motion carried unanimously 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 9:20 p.m. 09-10-24 235 (SEAL) Brenda Younger City Clerk 09-10-24 236 Attachment A Attachment B