Governing Body

Governing Body Minutes – October 7. 2025 CITY COUNCIL CHAMBERS, Topeka, Kansas, Tuesday, October 7, 2025. 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, Duncan and Hoferer - 8. Mayor Padilla presided -1. Absent: Councilmember Dobler – 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 7, 2025, 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 October 7, 2025, for attachment to the meeting minutes. AFTER THE MEETING WAS CALLED TO ORDER, the Invocation was provided by Randy Lesseki, Topeka Police Department Champlin. THE PLEDGE OF ALLEGIANCE was recited by meeting participants. BOARD APPOINTMENT recommending the appointment of Eli May to the Board of Building and Fire Appeals for a term ending October 7, 2027, was presented. (Outside City Limits) BOARD APPOINTMENT recommending the appointment of Valerie Peckham to the Topeka-Shawnee County Public Library Board of Trustees to fill an unexpired term ending April 30, 2029, was presented. (Council District No. 1) Councilmember Ortiz moved to approve the appointments. The motion seconded by Councilmember Banks carried unanimously. The mayor does not vote. (8-0-0) 10-07-25 375  A PRESENTATION on the City of Topeka Economic Social Demographic Site Dashboards was presented by Travis Lathrop, Technical Services Manager. Councilmember Kell requested custom geography for each district be added based on certain areas for the purpose of generating more true data sets since the dashboard was based on federal statistics. Councilmember Ortiz thanked Staff for the presentation. She requested the ability to locate streets within District No. 3 and noted, Council District boundaries change every 10 years. Councilmember Valdivia-Alcala thanked Staff for the presentation and stated she would be reaching out to Staff for a meeting to discuss the data sets in more detail. Councilmember Duncan confirmed the dashboard was public facing and thanked Staff for the presentation and for providing them with a tool to collect important data. Councilmember Miller asked for the Source Data updates to be more visible to the user. Councilmember Hiller asked Staff if there would be a historical comparison data set for all information being provided. Travis Lathrop reported they have the option to provide 30 pages of additional information so they should have the ability to accommodate the additional requests made by the Governing Body. CONSENT AGENDA was presented as follows: ORDINANCE NO. 20603 introduced by Councilmember Karen Hiller designating a portion of the Crosby Place Parking Garage as temporarily exempt from the provisions of K.S.A. 41-719(d) and TMC 9.15.020(e), was presented. (Council District No. 1) APPROVAL of a professional services contract between the City of Topeka and Bureau Veritas Technical Assessments LLC in an amount not to exceed $153,023, was presented. 10-07-25 376  APPROVAL of the MINUTES of the regular meeting of September 16, 2025, was presented. Councilmember Miller moved to approve the consent agenda. The motion seconded by Councilmember Duncan carried unanimously. (9-0-0) ORDINANCE NO. 20604 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 0.52 acres of property located at 625 SW Polk FROM “O&I-2" Office & Institutional District TO “M-3” Multiple- Family Dwelling District, was presented. (Z25/02) (Council District No.1) (Deferred from the Meeting of September 9, 2025) Dan Warner, Planning Division Director, stated the request to rezone was located on property adjacent to “M-3” multiple family residential and office and institutional zoning on its north, east, and south sides and was consistent with the Old Town Neighborhood Plan. He stated neighborhood information meetings were held in June and August; and the Planning Commission considered the case in June and recommended approval of the case on August 18, 2025, for “M-3” designation. He reported following the directive of the Governing Body to consider “M-2” designation at its September 16, 2025, Governing Body meeting, Staff determined “M-2” designation would be consistent and acceptable with the current neighborhood plan and the Golden Factors. Councilmember Hiller inquired on how many units could be built on the site and what height would be allowed with “M-2” designation. 10-07-25 377  Director Warner reported “M-1a” designation would allow tri-plex or four-plex residential units and “M-2” would allow 2-story buildings and could accommodate the 12 units being proposed by the applicant. Mayor Padilla stated 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. Ex parte communication was declared by Councilmembers Hiller, Valdivia-Alcala, Ortiz, Banks, Kell, Miller, and Duncan. Councilmember Kell moved to amend the zoning request on 0.52 acres of property located at 625 SW Polk Street from “O&I-2" Office & Institutional District to “M-2” Multiple- Family Dwelling District. The motion seconded by Councilmember Hiller carried. Councilmember Banks and Mayor Padilla voted “no.” (7-2-0) Councilmember Kell moved to adopt the ordinance as amended. The motion seconded by Councilmember Hiller carried. Councilmember Duncan voted “no.” Councilmember Banks abstained. (7-1-1) The ordinance was adopted on roll call vote as follows: Ayes: Councilmembers Hiller, Valdiva-Alcala, Ortiz, Kell, Miller, Hoferer and Mayor Padilla -7. Nays: Councilmember Duncan -1. Abstained: Councilmember Banks -1. 10-07-25 378  RESOLUTION NO. 9718 introduced by Public Infrastructure Committee comprised of Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of Project No. 281255.04 regarding the River Weir Crest Cap Installation project, as further described in Exhibit A, was presented. (Public Infrastructure Committee recommended approval on September 16, 2025.) Nicole Malott, Deputy Director of Utilities, stated approval would authorize a total project budget of $800,000 for the River Weir Crest Cap Installation Project No. 281255.04 and Staff was recommending approval. Councilmember Hiller moved to approve the resolution. The motion seconded by Councilmember Kell carried unanimously. (9-0-0) RESOLUTION NO. 9719 introduced by Public Infrastructure Committee comprised of Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of Project No. 291150.02 for replacement of the Ferric Chloride Tank System at the Oakland WWTP, as further described in Exhibit A, was presented. (Public Infrastructure Committee recommended approval on September 16, 2025.) Nicole Malott, Deputy Director of Utilities, stated approval would authorize a total project budget of $473,200 for the Oakland Waste Water Treatment Plant (WWTP) Ferric Chloride Tank System Project No. 291150.02 and Staff recommends approval. Councilmember Banks moved to approve the resolution. The motion seconded by Councilmember Hoferer carried unanimously. (9-0-0) RESOLUTION NO. 9720 introduced by Public Infrastructure Committee comprised of Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of Project Nos. 841097.06, 841099.08, 501105.16 and 501107.09 for street and stormwater improvements 10-07-25 379 on NW Menninger Rd, as further described in Exhibit A, was presented. (Public Infrastructure Committee recommended approval on September 16, 2025.) Steve Groen, Public Works Director, stated approval would authorize a total project budget of $1,260,000 for the NW Menninger Road Street and Stormwater Improvement projects and Staff was recommending approval. Councilmember Valdivia-Alcala moved to approve the resolution. The motion seconded by Councilmember Banks carried unanimously. (9-0-0) RESOLUTION NO. 9721 introduced by City Manager Dr. Robert M. Perez making certain findings pursuant to the Kansas Reinvestment Housing Incentive District Act with regard to an application submitted by Windward Estates LLC to establish a Reinvestment Housing Incentive District and requesting that the Secretary of Commerce review the resolution and advise the Governing Body, was presented. Braxton Copley, Deputy City Manager, stated approval of the resolution would authorize Staff to send the RHID application to the State of Kansas Secretary of Commerce for review and approval. Followed by approval, the Developer will be required to submit a development plan for approval by the RHID Committee which will ultimately be required to be approved by the Governing Body. Daniell Twemlow thanked Staff for updating the language in the City’s RHID policy resolution. She expressed concern with not requiring a full development agreement and housing plan rendering when the application was submitted in the same manner as other cities in Kansas. She spoke about the importance of including a concept plan, project narrative, preliminary costs and proposed project timeline. She expressed concern with the strict rental policy of Windward Estates, Inc. 10-07-25 380  Councilmember Miller questioned why the City of Topeka does not require a plan rendering up front with the application in the same manner as other cities in Kansas. Councilmember Banks asked Staff to confirm that the application and all associated financial documents would be reviewed in detail prior to Governing Body approval. Deputy City Manager Copley reported the City does not require the $25,000 application fee, development agreement and project plan rendering prior to obtaining approval by the Secretary of Commerce - with the intent of being more developer friendly. He stated Staff would not provide a recommendation to the Governing Body until the RHID Committee has made the proper review of the proposal and all required documentation. Councilmember Valdivia-Alcala spoke in opposition to the proposal. She recommended the City find a way to streamline the process and be more efficient across the board with developers. Councilmember Miller moved to approve the resolution. The motion seconded by Councilmember Kell carried. Councilmembers Valdivia-Alcala and Banks voted “no.” (7-2-0) RESOLUTION NO. 9722 of the Governing Body of the City of Topeka, Kansas determining that the city is considering establishing a Tax Increment Financing (TIF) Redevelopment District within the city, establishing the date and time of a public hearing on such matter, and providing for the giving of notice of such public hearing for the Sunflower Crossing Redevelopment District in the northwest quadrant of Topeka Boulevard and Kansas Avenue, was presented. Braxton Copley, Deputy City Manager, stated approval would authorize a public hearing date of November 12, 2025, to consider the establishment of a TIF in the northwest quadrant of South Topeka Boulevard and Kansas Avenue pursuant to State statute. He stated the Developer 10-07-25 381 provided a blight study which met 7 of the 9 statutory factors, in addition to a financial feasibility study included in the agenda packet. In the first phase the Developer plans to add a convenient store, a retail box and restaurant. Danielle Twemlow asked the City and Governing Body to pause the approval of incentive proposals that do not benefit the community until the language of the City’s incentive policies are revised to streamline funding for affordable housing and community needs projects. Councilmember Valdivia-Alcala requested Danielle Twemlow send her comments to the City Clerk to be included in the record. She stated she continues to struggle with the TIF concept; however, she would support using the TIF concept for affordable housing. She stated she would oppose the resolution as proposed. Councilmember Kell spoke in support of the proposal and stated he believes it will be a good fit for the area and will support area growth. Mayor Padilla clarified approval of the resolution would only set a public hearing date of November 12, 2025, and would not approve a project plan or development agreement. Councilmember Kell moved to approve the resolution. The motion seconded by Councilmember Miller carried. Councilmember Valdivia-Alcala voted “no.” (8-1-0) A RESOLUTION introduced by City Manager Dr. Robert M. Perez authorizing and adopting the proposed 2026-2035 Capital Improvement Plan (CIP) and 2026-2028 Capital Improvement Budget (CIB) and approving project budgets, was presented. Josh McAnarney, Budget and Finance Division Director, provided an overview of the CIP timeline, purpose, funding sources as well as debt service fund inflows and outflows and General Obligation (GO) Bonding Information. Councilmember Ortiz inquired about how motor vehicle taxes are generated. 10-07-25 382  Director McAnarney stated motor vehicle taxes are a percentage of the taxes Shawnee County acquires from registering motor vehicles. Danielle Twemlow suggested the City and Governing Body develop a Capital Improvement Project standard rubric to determine the importance of each project. She recommended the rubric be community and equity based with a focus on improving the economic development and safety of the community. Councilmember Hiller stated she would like to focus on GO Bonded debt to reduce the overall debt service. She highlighted her preferred goal to get the CIP manageable by reducing bonding from 20 years to 15 years as well as 10-year bonds for items that have 10-year lifespans. She distributed a handout (Attachment A) outlining her proposed amendments and what those amendments would deliver including substantial savings of $25 million to $35 million as well as no tax increase would be needed to relieve the debt service fund. She proposed the following amendments: • Proposed Motion No. 1: Adopt modifications to the Capital Improvement (CIP) Plan and Budget as listed. Staff would be authorized, with this approval, to make needed adjustments on other pages of the Capital Improvement Plan documents. • Possible Motion No. 2: Direct City Manager to use Staff, Council and public input and make $2.8 million in cuts to the latest Staff draft 2026 Operating Budget, to be reserved for cash-funded Capital projects. • Possible Motion No. 3: Create a Capital Improvement Cash (CIC) Fund to be a companion fund to the Debt Service Fund. The CIC Fund would be funded by future conversion of property tax funds that are now going into the Debt Service Fund to a reserved fund for cash coverage of such expenses. Councilmember Duncan stated he supports some of the suggested amendments made by Councilmember Hiller; however, he plans to propose deferring the resolution until October 21, 2025, to allow time for clarification on the $11 million debt savings proposal related to fire stations, as well as the status of the heavy-duty fleet garage as it relates to the possible 10-07-25 383 recommendation to fund a new fire station and the heavy-duty fleet garage as one package. He reported he would be sending a detailed list of proposed amendments to Staff for review. Councilmember Valdivia-Alcala commented on the expectations of her constituents related to fire service in Oakland and the importance of creating a new Special Fire Commission to consider a plan for citywide fire service before any cuts are made to Fire Department CIP projects. Councilmember Miller inquired about contractual obligation of the Kansas Department of Transportation (KDOT) on highway projects. Deputy City Manager Copley reported in general the local match request by KDOT was 10% of the total project cost which is why there was a $18 million placeholder included in the CIP for the Polk Quincy Viaduct (PQV) East project with an estimated cost of $187 million. Councilmember Ortiz spoke in opposition to the DREAMS 1, 2 and 3 proposal and stated she believed several of the Neighborhood Improvement Associations (NIAs) were not present when the Citizens Advisory Council (CAC) voted on the changes. She stated she also has questions related to a new fire station and other fire department improvements. Counclmember Kell proposed the City stop implementing the Complete Streets Concept because it causes extra costs to property owners to replace sidewalks to these standards as well as it may cause property values to decline. He spoke about the importance of improving arterial streets and sidewalks and utilizing the UBAS program to its fullest extent. Councilmember Duncan stated the City has chosen Complete Streets Concept design as the baseline approach for street improvements and if it is eliminated a different guideline policy needs to be implemented. 10-07-25 384  Councilmember Duncan moved to defer the resolution until October 21, 2025. The motion was seconded by Councilmember Hoferer. Councilmember Banks spoke to the importance of the Governing Body focusing on avoiding the delay of important projects and purchases. Councilmember Hiller stated her proposal would not change the future project list schedule. She stated in reference to the DREAMS process, funding was not the only item considered, and discussions related to the recommendations began in January 2025. She offered one-on-one meetings with Governing Body members to discuss the feedback on the DREAMS process in detail. The motion to defer the resolution until October 21, 2025, carried unanimously. (9-0-0) A RESOLUTION and NOTICE OF INTENT introduced by City Manager Dr. Robert M. Perez, declaring the necessity to repair, alter, reconstruct, enlarge or improve the City's water, water pollution, and/or stormwater utility system through improvement projects authorized by Resolution and providing Notice of Intention authorizing the issuance of revenue bonds in the manner required by K.S.A. 10-1201, et seq., was presented. Josh McAnarney, Budget and Finance Division Director, requested the resolution be deferred until October 21, 2025. Councilmember Hiller moved to defer the resolution until October 21, 2025. The motion seconded by Councilmember Miller carried unanimously. (9-0-0) PUBLIC COMMENT was received via email by Carolina Pires, ShaMecha King Simmons and Patrick DeLapp (Attachment B) and provided by the following individuals: Henry McClure stated he agrees with the comments related to the City of Topeka not being developer friendly. He spoke to the need of eliminating the “but for” for incentive districts 10-07-25 385 and to support smaller developments. He asked the City of Topeka to ask for the updated reports from Jim Klausman for the Wheatfield Development. Sandra Lassiter thanked Mayor Padilla for having an open-door policy. She distributed a copy of an email (Attachment C) and expressed concern with a certain city official not agreeing to meet with her about a city utility issue and claims for senior citizens. She asked if a city attorney has been assigned to advising community members about the City’s claims process. She stated that she believes city attorneys are advocates for citizens. ANNOUNCEMENTS BY THE CITY MANAGER, MAYOR AND MEMBERS OF THE COUNCIL: Brenda Younger, City Clerk, provided an overview of the October 14, 2025, Governing Body meeting agenda. She announced pursuant to Resolution No. 9606, and due to General Election Day, the Governing Body meeting of November 4, 2025, has been cancelled and rescheduled for November 5, 2025; and due to the Veteran’s Day Holiday, the Governing Body meeting of November 11, 2025, has been cancelled and rescheduled for November 12, 2025. Dr. Robert M. Perez, City Manager, referenced the Polk Quincy Viaduct Fact Sheet distributed by the City Clerk and announced the Kansas Department of Transportation will hold the 2025 Local Consult on Thursday, October 29, 2025, and Governing Body members are encouraged to attend. Councilmember Hoferer announced October as Breast Cancer Awareness Month. She recognized the Constitutional Hall Underground Railroad Event held on September 27, 2025, and commended the organization for what they have accomplished with Transient Guest Tax (TGT) and private funding. 10-07-25 386  Councilmember Hiller commended the volunteers serving on the Constitutional Hall Board for their accomplishments and raising private funds to supplement TGT funding. Councilmember Valdivia-Alcala asked Interim City Attorney Nick Jefferson if House Bill 2160 Enacting the Municipal Employee Whistleblower Act applies to City employees. She made a statement related to deep concerns she has about the City of Topeka Utility Department employees and management and the way it continues to be handled by the City Manager and the Legal Department. (Attachment D) Councilmember Ortiz thanked Interim Fire Chief Chad Longstaff for hosting Fire Department open house events. Councilmember Kell recognized the 250th Birthday of the United States Navy on October 13, 2025. He encouraged citizens to vote in the upcoming General Election on November 4, 2025. Councilmember Miller expressed his appreciation for the comments received by the public providing him with the opportunity to obtain answers to difficult questions. He also stated that he believes Leadership starts at the top and with the Governing Body. Mayor Padilla referenced negative comments made by Governing Body members and he stated he believes the employees referenced work hard every day to be fair and respectable in every way to employees and citizens. Following a 10-minute recess, Councilmember Kell moved to recess into executive session not to exceed 30 minutes to give legal advice and discuss one case currently in litigation and other matters deemed privileged under the Attorney-Client Privilege as allowed under K.S.A. 75-4319(b)(2). The open meeting will resume in the City Council Chambers. The following Staff will be necessary to assist the Governing Body in its deliberations, Interim City 10-07-25 387 Attorney Nick Jefferson, outside counsel, and other staff members as needed. 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. Councilmember Valdivia-Alcala did not vote. (8-0-0) Councilmember Valdivia-Alcala left the room before the work session began. Councilmember Kell left the room during the work session. At the conclusion of the executive session, the meeting was 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 15 minutes to discuss data or information relating to financial affairs or trade secrets of one or more corporations as allowed under K.S.A. 75-4319(b)(4). The open meeting will resume in the City Council Chambers. The following individuals will be necessary to assist the Governing Body in its deliberations, City Manager Dr. Robert M. Perez, Assistant City Manager Avery Moore, and any other staff members as needed. 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 unanimously. (7-0-0) At the conclusion of the executive session, the meeting was reconvened into open session and Mayor Padilla announced no action was taken during the executive session. Councilmember Duncan moved to extend the meeting past 10:00 p.m. The motion was seconded by Councilmember Miller. 10-07-25 388  Mayor Padilla asked all those in favor of extending the meeting past 10:00 p.m. to indicate so by verbally by saying “yea” and those opposing to indicate so verbally by saying “no.” The motion carried unanimously. (7-0-0) Councilmember Miller moved to recess into executive session for a time not to exceed 30 minutes to discuss personnel matters involving individual employees as allowed under KSA 75-4319(b)(1). The open meeting will resume in the City Council Chambers. The following individuals will be necessary to aid the Governing Body in its discussion, Human Resources Director Alicia Guerrero Chavez, and any other staff members as needed. 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 unanimously. (7-0-0) Councilmember Kell entered the room during the executive session. At the conclusion of the executive session, the meeting was reconvened into open session and Mayor Padilla announced no action was taken during the executive session. NO FURTHER BUSINESS appearing the meeting adjourned at 10:15 p.m. (SEAL) ______________________________ Brenda Younger, City Clerk, M.M.C. 10-07-25 389 Attachment A Attachment B Attachment C Attachment D