Governing Body

Governing Body Minutes – October 15, 2024 CYRUS K. HOLLIDAY BUILDING, Topeka, Kansas, Tuesday, October 15, 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, Ortiz, Banks, Kell, Miller, Dobler, Duncan and Hoferer - 8. Deputy Mayor Valdivia-Alcala presided -1. Absent: Mayor Padilla -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 October 15, 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 October 15, 2024, for attachment to the meeting minutes. AFTER THE MEETING WAS CALLED TO ORDER, Councilmember Miller provided the invocation. THE PLEDGE OF ALLEGIANCE was recited by meeting participants. BOARD APPOINTMENT recommending the reappointment of Toni Beck to the Topeka Board of Zoning Appeals to fill a term ending November 2, 2027, was presented. (Council District No. 6) BOARD APPOINTMENT recommending the reappointment of Angel Zimmerman to the Downtown Business Improvement District Advisory Board to fill a term ending October 31, 2026, was presented. (Council District No. 5) 10-15-24 282  BOARD APPOINTMENT recommending the reappointment of Donna Rae Pearson to the Topeka Planning Commission for a term ending October 19, 2027, was presented. (Council District No. 1) Councilmember Hiller moved to approve the appointments. The motion seconded by Councilmember Ortiz carried unanimously on roll call vote. (9-0-0) A PRESENTATION regarding the Community Resources Council was provided by Mary Thomas, Community Resources Council, Inc., Executive Director and Chief Executive Officer. CONSENT AGENDA was presented as follows: APPROVAL of a Workers' Compensation Claim settlement in the amount of up to $55,000 to resolve the claim with Michael R. Gomez for a work-related injury sustained while engaged in normal work duties, was presented. APPROVAL of a settlement in the amount of up to $397,500 to resolve claims with Jacque Russell arising out of or relating in any way to Russell’s employment with the City on a full and final basis, was presented. MINUTES of the special meeting of October 8, 2024; and the regular meeting of October 8, 2024, were presented. Councilmember Kell requested to remove Item 5A, a Worker’s Compensation Claim settlement for Michael R. Gomez and Item 5B, a settlement with Jacque Russell from the consent agenda to be considered separately. Upon hearing no objections, Deputy Mayor Valdivia-Alcala announced the items would be removed from the consent agenda and placed on the agenda as Action Items 6J and 6K, respectively. 10-15-24 283  Councilmember Dobler moved to approve the consent agenda as amended. The motion seconded by Councilmember Ortiz carried unanimously on roll call vote. (9-0-0) PUBLIC HEARING PUBLIC HEARING to consider the adoption of a Neighborhood Revitalization Plan. ORDINANCE NO. 20526 introduced by City Manager Dr. Robert M. Perez, establishing a neighborhood revitalization area, adopting a neighborhood revitalization plan, and authorizing the city manager to execute an interlocal cooperation agreement with other municipalities pursuant to the Neighborhood Revitalization Act, K.S.A. 12-17,114 et seq., was presented. (Contract No. 52440 – Interlocal Agreement) Deputy Mayor Valdivia-Alcala opened the public hearing and asked if there was anyone present who would like to speak to the matter. Steven Osborn, area developer, spoke in support of approving the NRP as presented. Upon no one else appearing, Deputy Mayor Valdivia-Alcala closed the public hearing. Dan Warner, Planning Division Director, reported Topeka adopted its first Neighborhood Revitalization Plan in 1995, and there have been nine plan renewals (every 3-5 years) with the current plan expiring December 31, 2024. He reported the proposed Program shrinks the boundary to align with the 2023 Health Map’s Intensive Care and At Risk areas. This continues to provide the 95% rebate for all new single and multiple family housing, including the provision of an extended rebate period within Tax Increment Finance (TIF) areas (up to 20 years), and continues the Menninger Clock Tower building eligibility for the property tax rebate. He noted Staff has met with all potential participation tax entities and highlighted the following: • The current program (2022 - 2024) rebates 95% of the new property taxes for the first 5 years and 50% for years 6 through 10. 10-15-24 284  • Intensive Care, Historic properties, and new residential units are eligible for a 95% rebate for 10 years. • Applicants have 60 days to apply and up to 1-year to show prior intent if they miss the 60-day deadline. • The current boundary contains 13.31 square miles (23% of city). The proposed boundary (2022 - 2025) contains 12.31 square miles (19% of the city). Councilmember Hiller referenced designated Tax Increment Financing (TIF) Districts located in the Neighborhood Revitalization Plan (NRP) and stated properties located in the TIF District, have the option to take advantage of tax rebates associated with the NRP or a TIF District. Councilmember Dobler 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, Ortiz, Banks, Kell, Miller, Dobler, Duncan, Hoferer and Deputy Mayor Valdivia-Alcala -9. PUBLIC HEARING PUBLIC HEARING to consider the establishment of the Riverstone (Meier's Place) Subdivision Reinvestment Housing Incentive District (RHID) and adoption of the Plan. ORDINANCE NO. 20527 introduced by City Manager Dr. Robert M. Perez establishing a Reinvestment Housing Incentive District (“RHID”) for the Riverstone (Meier's (Place) Subdivision and adopting a plan for the development of housing and public facilities in the RHID, was presented. Deputy Mayor Valdivia-Alcala opened the public hearing and asked if there was anyone present who would like to speak to the matter. Upon no one appearing, Deputy Mayor Valdivia-Alcala closed the public hearing. 10-15-24 285  Rhiannon Friedman, Planning and Development Director, stated approval would establish the Riverstone (Meier's Place) Subdivision Reinvestment Housing Incentive District ("RHID") and adopt a development plan for housing and public infrastructure. She stated the RHID Review Team determined that, given the relative speed at which the Developer proposes to construct the Project, a simple default mechanism in the development agreement was causing some or all its future RHID benefits to be reduced or eliminated if it does not perform along with the “earn-up” structure of the RHID cap to be a sufficient “guarantee” under City policy. She reported after review of the financial analysis and negotiations with the Developer, the City’s RHID Review Committee agreed to $451,150 of eligible RHID Costs subject to a Cap of $385,000 amounting to 9.58% of the total estimated project costs with final build out in December 2026. She stated Walker Bassett, Developer, was present for questions. Councilmember Dobler moved to adopt the ordinance. The motion seconded by Councilmember Mille, carried unanimously. The ordinance was adopted on roll call vote as follows: Ayes: Councilmembers Hiller, Ortiz, Banks, Kell, Miller, Dobler, Duncan, Hoferer and Deputy Mayor Valdivia-Alcala -9. ORDINANCE NO. 20528 introduced by City Manager Dr. Robert M. Perez amending the “District Map” referred to and made a part of the Zoning Ordinances by Section 18.50.050 of the Topeka Municipal Code, by providing for certain changes in zoning on property located on the south side of NW Lower Silver Lake Road approximately 1000 feet east of NW Button Road FROM “R-1” Single Family Dwelling District to “I-1” Light Industrial District, was presented. (Z24/01) (Council District 2) 10-15-24 286  Dan Warner, Planning Division Director, reported the request was to change zoning to facilitate future light industrial development, and although much of the surrounding land has been characterized by residential use and zoning, the 3.9-acre subject property contains I-1 zoning to the east, and there has been little to no interest in residential development of the surrounding vacant land. He stated the proposed zoning and land use are consistent with the Land Use and Growth Management Plan which envisions Industrial uses for the subject property. He noted a Neighborhood Information Meeting was conducted on August 26, 2024, and the Planning Commission and Staff recommend approval. Deputy Mayor Valdivia-Alcala 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 comments made during the Planning Commission hearing and similar relevant information related to the matter. No ex parte communication was declared by Governing Body members. Councilmember Kell moved to adopt the ordinance. The motion seconded by Councilmember Hiller carried unanimously. The ordinance was adopted on roll call vote as follows: Ayes: Councilmembers Hiller, Ortiz, Banks, Kell, Miller, Dobler, Duncan, Hoferer and Deputy Mayor Valdivia-Alcala -9. 10-15-24 287  ORDINANCE NO., 20529 introduced by City Manager Dr. Robert M. Perez, concerning density and dimensional standards in residential districts, amending Section 18.60.020 of the Topeka Municipal Code and repealing original section, was presented. Dan Warner, Planning Division Director, reported approval will ease restrictions regarding lot dimensions, minimum building setbacks, and residential density in residential zoning districts. He stated the Planning Commission established the Special Committee for Housing (initially the Incentives Committee) on February 19, 2024, to identify possible text amendments to the Topeka Development Code that will remove unnecessary restrictions on residential construction and create incentives for the development of affordable housing. He stated the proposed text amendments help to reduce development costs through the increase in maximum residential densities, providing for a form of multi-family residential development compatible with low density residential neighborhoods and similar to existing apartment buildings in Topeka. He stated the proposed text amendments also include an Affordable Housing Incentive and are consistent with Topeka’s Land Use & Growth Management Plan 2040 and the Citywide Housing Market Study and Strategy (2020). The Planning Commission and Staff recommend approval. Councilmember Dobler questioned if increased density was allowed for Affordable Housing Incentive developments, how long would it be allowed. Director Warner stated a timeline has not been established in the zoning code; however, they will address it when the time comes and noted, they have other improvement incentive policies in place that could be used as a guideline. 10-15-24 288  Councilmember Hiller thanked City Planning Staff and the members of the Special Committee for Housing that worked on the initiative. She referenced the 25-foot lots and has been advised by Staff that Topeka Municipal Code Section 18.230.020 provides the grandfathering of certain lots as referenced by Director Warner in his presentation. She stated it was her understanding some of these issues will continue to be worked on through text amendments and expressed concern with the appearance of the 25-foot lots being too small for development. She also expressed concern with certain exceptions related to eligibility and ownership of multiple parcels on the same city block, specifically in Council Districts 1, 2, 3 and 4. She stated she was eager to revisit these issues in six months after Staff has thoroughly considered the development of vacant lots from a beginning standpoint. Councilmember Banks commended Planning Staff for being flexible with the process and including all relevant stakeholders. Councilmember Miller questioned in general what type of developments would benefit from the changes. Director Warner stated mainly new build lots would benefit; however, an existing lot could benefit if it meets the requirements. Councilmember Banks moved to adopt the ordinance. The motion seconded by Councilmember Miller carried unanimously. The ordinance was adopted on roll call vote as follows: Ayes: Councilmembers Hiller, Ortiz, Banks, Kell, Miller, Dobler, Duncan, Hoferer and Deputy Mayor Valdivia-Alcala -9. ORDINANCE NO. 20530 introduced by Councilmember Spencer Duncan concerning the land bank administration of property, amending Section 6 of Ordinance No. 20426, to be 10-15-24 289 codified at TMC 2.260.060, was presented. (The Policy and Finance Committee recommended approval on August 15, 2024.) Henry McClure spoke in opposition of the land bank concept and the importance of people paying their back taxes and allowing the market to decide how to develop lots. Councilmember Kell spoke in support of revitalizing neighborhoods and believes developers would not be the best fit for Low to Moderate Income (LMI) neighborhoods. Councilmember Duncan stated approval of the proposed ordinance would allow for transfer of property to be utilized as a rental property not exclusively homeownership. He reported the Land Bank Trustee Board was in the process of considering an additional set of policies that address out-of-state owners as well as the consideration of Neighborhood Health Maps when new rental property developments are being proposed. Councilmember Miller moved to adopt the ordinance. The motion seconded by Councilmember Duncan carried unanimously. The ordinance was adopted on roll call vote as follows: Ayes: Councilmembers Hiller, Ortiz, Banks, Kell, Miller, Dobler, Duncan, Hoferer and Deputy Mayor Valdivia-Alcala -9. APPROVAL of CONTRACT NO. 52442 a three-year labor agreement between the City of Topeka and the International Association of Fire Fighters (IAFF) Local Union No. 83, was presented. Dr. Robert M. Perez, City Manager, thanked Staff members and Union representatives for their assistance in reaching an agreement. Randy Phillips, Topeka Fire Chief, reported approval would provide guidelines for management and employees in the bargaining unit. He highlighted the changes and stated the 10-15-24 290 term of the agreement was January 1, 2025 through December 31, 2027, and Staff recommends approval. Councilmember Ortiz moved to approve the labor agreement. The motion seconded by Councilmember Dobler carried unanimously on roll call vote. (9-0-0) RESOLUTION NO. 9592 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 increase the budget for Project No. 131082.00, Fleet Building Replacement, was presented. Jason Tryon, Deputy Public Works Director, provided an overview of the CIP Project Budget Amendment increasing the project budget by $5,574,855 for a total project budget of $8,798,602 covering the total cost of construction and financing. He stated the City’s outlay cost for the project would be $1,888,467. He also provided an overview of the companion KBS Constructors, Inc., Contract Amendment No. 3 providing construction services totaling $6,827,608 with a project timeline beginning on October 21, 2024 and final completion on August 11, 2025. Councilmember Kell requested barricades or fencing be placed immediately around the perimeter of the property to reduce liability of the City. Councilmember Dobler stated this project was not the City’s choice; however, due to the reconstruction of the Polk Quincy Viaduct the City was gaining an $8.7 million new Fleet Garage Facility and only paying a portion ($1.8 million) of the total project budget. Councilmember Kell moved to approve the resolution. The motion seconded by Councilmember Ortiz carried unanimously on roll call vote. (9-0-0) 10-15-24 291  APPROVAL of CONTRACT AMENDMENT NO. 52436 between the City of Topeka and KBS Constructors, Inc., for the City of Topeka Fleet Maintenance Garage Design-Build Project 131082.00, was presented. Councilmember Dobler moved to approve the resolution. The motion seconded by Councilmember Kell carried unanimously on roll call vote. (9-0-0) RESOLUTION NO. 9593 introduced by the Public Infrastructure Committee comprised of Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of Project No. 900033.00 for the 2026 Fire Department Fleet Replacement Program, was presented. (Public Infrastructure Committee recommended approval on October 4, 2024.) Randy Phillips, Topeka Fire Chief, reported approval would authorize $2,027,808 to cover the cost of the apparatus and equipment. Councilmember Ortiz moved to approve the resolution. The motion seconded by Councilmember Banks carried unanimously on roll call vote. (9-0-0) Following a 5-minutes recess, Councilmember Duncan moved to recess into executive session for a time not to exceed 20 minutes to discuss one or more matters related to litigation deemed privileged under Attorney-Client Privilege matters as allowed under KSA 75- 4319(b)(2). The open meeting will resume in the Cyrus K. Holliday Building First Floor Conference Room. The following staff members will be necessary to aid the Governing Body in its discussion, City Attorney Stanley and anyone else deemed useful in the discussion. The motion seconded by Councilmember Ortiz carried unanimously on roll call vote. (9-0-0) 10-15-24 292  At the conclusion of the executive session, the meeting reconvened into open session and Deputy Mayor Valdivia-Alcala announced no action was taken during the executive session. APPROVAL of a Workers' Compensation Claim settlement in the amount of up to $55,000 to resolve the claim with Michael R. Gomez for a work-related injury sustained while engaged in normal work duties, was presented. Councilmember Dobler moved to approve the claim. The motion seconded by Councilmember Kell carried unanimously on roll call vote. (9-0-0) APPROVAL of a settlement in the amount of up to $397,500 to resolve claims with Jacque Russell arising out of or relating in any way to Russell’s employment with the City on a full and final basis, was presented. Councilmember Dobler moved to approve the claim. The motion seconded by Councilmember Hoferer carried on roll call. Councilmember Kell voted “no.” (8-1-0) DISCUSSION regarding the lots purchased at the county tax foreclosure sale, was presented. Amanda Stanley, City Attorney, reported on September 17, 2024, the Governing Body approved Resolution No. 9585 authorizing the City Manager to evaluate the properties for purchase at the 2024 Shawnee County Tax Foreclosure Sale, and purchase those properties that he found necessary to mitigate the City’s loss of special assessment revenue and place those parcels in the City’s Land Bank. She stated there were three parcels held by Great American Bank located in an area commonly known as Lauren’s Bay Subdivision that were purchased by the City, and if the proposed resolution was approved, the parcels would be distributed in the City’s Land Bank. She reported the next step in the process would be to issue an RFP for 10-15-24 293 development of those parcels, with the hope of generating enough profit to be deposited back into the Land Bank. Councilmember Duncan stated the Land Bank Board of Trustees has reviewed the proposal and supports the parcels being utilized in the Land Bank program. Councilmember Ortiz moved to suspend the rules to add the resolution to the agenda for consideration. The motion seconded by Councilmember Dobler carried unanimously on roll call vote. (9-0-0) Councilmember Kell asked if the sale of properties would come before the Governing Body for approval or only be sold by the Land Bank Committee. City Attorney Stanley stated the Land Bank Committee would sell the properties according to the rules and regulations outlined in City Code. Councilmember Dobler stated he understands it was only three lots they were considering located in a desirable area, however, there will be issues with special assessments in the future. He asked if there was a plan to help facilitate ways to move the lots forward and make them buildable. Rhiannon Friedman, Planning and Development Director, confirmed Staff plans to be proactive with marketing efforts and if necessary, reach out to developers to help draft an RFP. Councilmember Duncan reported the purchase of the lots were not made with the funds already earmarked for the Land Bank program, and any funds generated from the development of lots will first be allocated towards the reimbursement of the purchase of the properties. Councilmember Hiller clarified there are developers already interested in moving forward with these types of lots. 10-15-24 294  Councilmember Ortiz moved to approve the resolution. The motion seconded by Councilmember Dobler carried on to roll call vote. Deputy Mayor Valdivia-Alcala and Councilmember Banks voted “no.” (7-2-0) PUBLIC COMMENT was submitted by the following individual. Henry McClure thanked Deputy Mayor Valdivia-Alcala and Councilmember Banks for voting “no” on the previous resolution concerning the lots bought in the 2024 Shawnee County Tax Foreclosure Sale. He expressed concern with Shawnee County behaving like a developer and stated he believes the City and County should let the market decide how to build lots and not use taxpayer money to purchase lots. ANNOUNCEMENTS BY THE CITY MANAGER, MAYOR AND MEMBERS OF THE COUNCIL; Brenda Younger, City Clerk, announced the November 5, 2024, Governing Body meeting has been cancelled pursuant to Resolution No. 9481; the City will host a public meet and greet on November 6, 2024, at the Emerald Ballroom in Hotel Topeka, located at 1717 SW Topeka Boulevard, from 5:30 p.m. to 7:00 p.m. The event will provide community members the chance to interact with the candidates and ask questions; a special meeting Executive Session of the Governing Body has been called by City Manager Perez for consideration of Police Chief Candidates. The meeting will be held on November 7, 2024, in the City Council Chambers located at 214 SE 7th Street, 2nd Floor from 6:00 p.m. to 9:00 p.m.; and the November 12, 2024 Governing Body meeting will be held in the City Council Chambers located at 214 SE 8th Street, 2nd Floor, Topeka. 10-15-24 295  Councilmember Duncan encouraged citizens to vote in the November 5, 2024 General Elections. He announced the Union Pacific Railroad “Big Boy” Engine will visit Topeka on October 17, 2024, at the Great Overland Station at 701 N. Kansas Avenue from 12:15 p.m. to 12:45 p.m. Councilmember Hiller encouraged citizens to vote in the November 5, 2024 General Elections. Councilmember Ortiz encouraged citizens to participate in the City’s free smoke alarm program. Randy Phillips, Topeka Fire Chief, announced that Smoke Alarm Program information will be distributed to City water customers in Spanish and English. He reminded residents to change the batteries in their smoke alarms. Councilmember Banks spoke to the importance of having a Fire Escape Plan. Councilmember Kell recognized October 13, 2024, as the 249th birthday of the U.S. Navy. He also announced upcoming events at Hotel Topeka. Deputy Mayor Valdivia-Alcala encouraged citizens to vote in the November 5, 2024 General Elections. Following a 10-minute recess, Councilmember Kell moved to recess into executive session not to exceed 30 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 this room of 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 Banks. 10-15-24 296  Deputy Mayor Valdivia-Alcala 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.” (8-1-0) At the conclusion of the executive session, the meeting reconvened into open session and Deputy Mayor Valdivia-Alcala announced no action was taken during the executive session. NO FURTHER BUSINESS appearing the meeting adjourned at 8:20 p.m. (SEAL) Brenda Younger City Clerk 10-15-24 297