Governing Body — Topeka, KS
Date: 2026-04-09

Governing Body Minutes – March 17, 2026

 CITY COUNCIL CHAMBERS, Topeka, Kansas, Tuesday, March 17, 2026. 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,

Bradberry, McGee and Hoferer - 8. Presided: Mayor Duncan -1. Absent: Councilmember Miller

- 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 March 17, 2026, 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 March 17, 2026, for attachment to the meeting minutes.

 AFTER THE MEETING WAS CALLED TO ORDER, the invocation was provided by

Mike Siebert, Former Executive Director of Topeka Youth for Christ.

 THE PLEDGE OF ALLEGIANCE was recited by meeting participants.

 A PRESENTATION on the City of Topeka 2025 Q4 Financial Report was provided by

Josh McAnarney, Budget and Finance Division Director.

 Director McAnarney reported the City’s three major revenues within the General Fund

(Sales Tax, Property Tax and Franchise Fees) collected more than what was budgeted for the

year 2025. Property Tax collected was $38.76M versus the $38.25M budgeted, exceeding

projections due to higher delinquent payments, Sales Tax had a growth of 3.03% and exceeded

the budget by $500K, Franchise Fees were overall above budget due to a spike that occurred
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during the February winter storm causing higher utility usage, and lastly there were two One-

Time Revenue sources which included a $1.6 million transfer back into the General Fund from a

previously overfunded cash project from the year 2021 as well as $2.5 million being redirected in

interest earnings from the risk funds to the General Fund in 2025. He continued to report on the

General Fund expenses where overall costs were below budget, partly due to deferred transfers

including $1.45 million to the Retirement Reserve Fund and $2.37 million to the Workers’

Compensation Fund, which reduced General Fund outlays. This Compensation covers wages,

overtime, holiday pay and benefits including health insurance, FICA, KP&F, KPERS, and fund

transfers. If the Project View Project is approved, it will decrease the spending fund reserves by

$2.3 million. He provided an overview of the JEDO and Citywide half-cent sales tax funds, with

the JEDO Countywide Sales Tax showing in 2025, revenues significantly exceeded expenses, as

only two projects were underway, Huntoon: Gage to Harrison and Topeka Boulevard: 15th to

21st Street, resulting in an ending fund balance of $23,152,547. However, projections presented

to the Public Works and Infrastructure Committee on February 17, 2026, indicate that future

expenses will far outpace revenues. The citywide half-cent sales tax showed a year-end fund

balance of $43,487,620 (excluding outstanding purchase orders, contracts, and encumbrances),

with plans to significantly spend it down over the next 24 months, as well as the Governing Body

recently approving a $5 million drawdown from the fund to be allocated toward street projects.

 Councilmember Valdivia-Alcala requested an update regarding the hiring of the Chief

Financial Officer (CFO). She commended Josh for his hard work during the vacancy of the

position but spoke of the importance of having a designated CFO.

 City Manager, Dr. Robert M. Perez, stated the Chief Financial Officer position has been

posted on the City’s Website as well as other job sites to fill the position and he expects the
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position will be open for the next couple of weeks. If the city is unable to find a suitable

candidate for the position, he referenced the past request of the Mayor and Councilmember

Valdivia-Alcala to utilize a recruiting firm to find a good leader for the team.

 Mayor Duncan inquired about the variance in terms of what was spent versus the actual

revenue.

 Director McAnarney explained in 2025 the city generated $123 million and spent out

$127 million creating a drawdown in the General Fund of $4.15 million.

 Councilmember Hiller shared her appreciation for City Manager Perez as well as Director

McAnarney for the incremental updates to the budget. She inquired about the decision from the

2026 budget to migrate $2 million from the debt service fund to be put into the operating fund

that overtime would incrementally go back to the debt service fund. She suggested capturing the

$2 million pulled from the debt service fund to be put into a Capital Improvement Project (CIP)

cash fund. She encouraged this to be considered in the 2027 budget, so smaller projects that do

not qualify for bonding could progressively be paid in cash rather than bonding the items and

having the city expense of $600 thousand for every $1 million bonded.

 A PRESENTATION on Effective Utilities Management (EUM) Program was provided

by Sylvia Davis, Utilities Director.

 Sylvia Davis, Utilities Director shared the visions of the Effective Utility Management

Program which is a comprehensive water sector utility performance assessment and management

framework, endorsed by the U.S. EPA. It is built on 10 attributes of EUP, 5 keys to management

with a focus on organizational culture and continuous improvements which ultimately is

designed to help make informed decisions and practical, systematic changes to achieve effective

utility performance. The benefit of this program aligns utility operations, enhances service
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reliability and customer trust, supports financial and environmental sustainability, and builds a

resilient, future ready workforce. Customer Experience and Satisfaction as well as financial

viability are just two of the 10 attributes that provide tailored customer care to every person in

the community. The EUM Rollout Timeline began in January with self-assessments, and near

and long-term goals have been set to implement improvement projects.

 Councilmember Kell questioned if there is a Public Works and Utilities Citizen’s

Academy planned for the near future.

 Director Davis stated the Public Works and Utilities Citizen’s Academy is scheduled to

occur Monday nights at 5:30 p.m. beginning April 6 through May 18, 2026.

 Councilmember Hiller recognized Sylvia Davis and the Utilities Department for their

continued hard work during the tumultuousness in the last few years.

 Mayor Duncan thanked Director Davis for the proposal of the EUM Program, he

explained it is important to ask how success and effectiveness are defined within programs in

City Departments, due to the public always having an interest in seeing the plans to ensure the

effectiveness of these programs.

 CONSENT AGENDA was presented as follows:

 APPROVAL of a PUBLIC WORKS DEPARTMENT CONTRACT NO. 53509 between

the City of Topeka and SBB Engineering for professional engineering and design services in an

amount not to exceed $212,240, was presented. (Approval of the contract would allow the firm to

provide engineering and design, for the project which includes topographic survey, engineering

design and construction documents for the following areas: DREAMS 2 - Hi-Crest-School

Sidewalks, Historic Holliday Park, Valley Park, East Topeka North, North Topeka West.

DREAMS 3 - Central Highland Park (SE 21st St Crosswalk) and Valley Park (SW Plass Ave).)
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 APPROVAL of the MINUTES of the regular Governing Body meeting of March 10,

2026, was presented.

 Councilmember Kell moved to approve the consent agenda. The motion seconded by

Councilmember Banks carried unanimously. (9-0-0)

 RESOLUTION NO. 9774 introduced by City Manager Dr. Robert M. Perez, in

accordance with Section 18.60.010 of the Topeka Municipal Code, approving a Conditional

Use Permit to allow for social events (parties, receptions) to be hosted at an existing permitted

Short-Term Rental, Type II (non-owner occupied) on property located at 1200 SW Taylor

Street and zoned "R-2" Single-Family Dwelling District all being within the City of Topeka,

Shawnee County, Kansas, was presented. (CU25/07) (Council District No. 1)

 Dan Warner, AICP, Planning & Development Director reported CU25/07 is a request for

a Conditional Use Permit to allow for social events (parties, receptions, etc.) to be hosted at an

existing permitted Short-Term Rental, Type II (non-owner occupied). Currently, social events

are prohibited by specific use requirements for short-term rentals, and varying from this

requirement requires approval of a Conditional Use Permit. The applicant has operated the

permitted short-term rental at 1200 SW Taylor Street since 2021. He stated that according to the

attached Statement of Operations, quiet hours will be between 10:00 p.m. to 7:00a.m, social

events will be limited to no more than four per month, with a maximum of 50 guests who will

have access to parking in the adjacent lot to the rear of the home as well as the Blue Cross and

Blue Shield parking lot available on weekends. The applicant held a neighborhood information

meeting on the property on January 28, 2026, approximately 10 people other than the applicant

and Planning staff attended, including Councilmember Hiller. No one at the meeting or outside

of the meeting has expressed opposition to the proposed use. The Planning Commission
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recommended approval by a vote of 6-0 on February 16, 2026. Planning staff recommended

approval per the attached Staff Report.

 Mayor Duncan questioned what penalties will come to the property owners if they do not

abide by the terms of the Statement of Operations.

 Councilmember Hiller shared she attended the neighborhood meeting and expressed her

support for the permit.

 Councilmember Ortiz inquired if using the parking lot during business hours will be an

issue for Blue Cross and Blue Shield.

 Director Warner stated after investigation there would likely be a chance the property

owner will not qualify to renew the Conditional Use Permit. He stated there were no issues

expressed at the neighborhood information meeting pertaining to the Blue Cross and Blue Shield

Parking Lot being utilized on the weekends.

 Mayor Duncan 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.

 Ex part communication was declared by Councilmember Hiller.




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 Councilmember Hiller moved to approve the resolution. The motion seconded by

Councilmember Banks carried unanimously. (9-0-0)

 APPROVAL of the proposed 2027 modifications to the DREAMS Program as

recommended by the Citizen Advisory Council (CAC), was presented.

 Bianca Burnett, Community Programs Administrator, Office of Inclusive Communities,

reported in October 2025, the Citizen Advisory Council (CAC) conducted a review of the

DREAMS Program and recommended structural modifications beginning in 2027 to improve

equity, flexibility, and citywide impact. The recommendations shift the program from

concentrated, biennial investments in limited areas to more consistent annual funding

opportunities, expanded citywide housing rehabilitation access, and clearer distinctions between

infrastructure and community-building initiatives. The proposal also includes completion of two

Comprehensive Neighborhood Plans annually and a one-year mid-block lighting pilot targeting

neighborhoods with elevated nighttime crime rates. These changes are intended to strengthen

neighborhood planning, improve responsiveness to resident priorities, and enhance the overall

effectiveness of DREAMS investments. The proposed modifications primarily restructure and

reallocate existing funding streams rather than introduce new funding commitments. DREAMS 2

would transition to an annual $850,000 program funded through General Obligation (GO) bonds

and other City infrastructure funding sources. The proposed $350,000 mid-block lighting pilot

for 2027 would be funded from within the available $850,000 DREAMS 2 allocation, if eligible

neighborhoods apply and the Citizen Advisory Council selects the projects for funding. The

estimated cost is up to $175,000 per neighborhood for two neighborhoods. DREAMS 3 would

utilize $60,000 in HUD CDBG funding annually for community-building grants. The Housing


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Rehabilitation Program would continue to utilize approximately $330,000 in HUD HOME funds

annually, with expanded citywide eligibility.

 Michael Bell, Citizens Advisory Council Chair, expressed his gratitude to the Office of

Inclusive Communities as well as Councilmember Hiller. He shared the proposed modifications

will get the DREAMS Program a step closer to what the CAC originally voted to support.

 Councilmember Hiller moved to approve the 2027 modifications to the DREAMS

Program. The motion seconded by Councilmember Bradberry carried unanimously. (9-0-0)

 DISCUSSION related to the imposition of real estate liens on properties that have

received utility services and failed to pay for such services, was presented.

 Sylvia Davis, Director of Utilities and Nicole Mallot, Deputy Director of Utilities

reported the customers identified in this 2026 Utilities Liens Ordinance are delinquent in

payment of charges assessed by the City. State law permits the City to institute a lien on the

property of these customers in order to recover payment. The assessment of real estate liens has

proven to be a much more effective means of collecting unpaid utility bills rather than turning

them over to the City’s collection agency.

 Deputy Director Mallot reported the lien Assessment is 98% less expensive to the

property owners as only the past due amounts are what is being assessed rather than using a

Collection Agency with a success rate of collecting 30% of the past due balances. She provided a

timeline for the Utility Lien process:

 • March 18, 2026 - 694 letters will be mailed to delinquent customers, equaling $566, 342
 • May 5, 2026 - Governing Body’s adoption of the Lien Ordinance




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 • June 1, 2026 - Upon passage of the Ordinance, a notice will be provided to the Shawnee
 County Treasurer to immediately begin the process of entering the assessments on each
 property.

 Danielle Twemlow shared her concerns about the Readiness to Serve (RTS) program.

She spoke of the responsibility of contractors as it pertains to traffic control equipment being

removed from the job site the day of completion of the project and recommended looking closer

at internal procedures and enforcement on the responsibilities of contractors. She found that if a

contractor fails to remove the traffic control equipment the city would be in a position to charge a

fee of $50 per day and saw it as an opportunity for the Utilities Department to recoup revenue.

She spoke of her recent KORA request pertaining to the city contracting Kansas Topsoil and it

was found this company was assigned, completing and providing an invoice yet there was traffic

materials left on site for months after the completion of the project.

 Pat DeLapp provided written public comment (Attachment A) concerning the Utility

Lien Program, he expressed his frustration with the utility lien. He shared information on Rural

water districts being supplied with water from the Department of Agriculture.

 Councilmember Hiller referenced certain liens on the list showing a $900 balance or

more and asked if this was due to RTS fees or Water run-off charges. She questioned what the

typical cost for storm water fees are per month.

 Nicole Mallot stated the property owner may have RTS charges which began in 2024, it

may also have to do with timing on how long they have allowed their bill to be delinquent, and

on average storm water fees are close to $7.34 a month.

 Councilmember Ortiz pointed out there were multiple properties listed that may have

gone to the estate due to their passing. She explained customers may call to get on a payment


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plan, and if they cannot make a payment after the plan has been established you may call the

Utilities Department to set up a new plan to ensure customers knew that there are options to

resolve the past due balances.

 Councilmember Valdivia-Alcala wanted clarification that the Utility Lien Ordinance will

be voted on, on May 5, 2026. She recommended performing a private audit on the Utilities

Department.

 PUBLIC COMMENT was provided by the following individuals:

 Tamika Terry spoke of her disappointment with the notice provided to surrounding

residents and the attendance options for the Planning Commission meeting that took place on

March 16, 2026, where they had a proposal for a re-zoning at 25th and Golden with plans to build

a multi-family residential development. She spoke of her concerns for increased traffic near the

Headstart School, Apostolic Church of Jesus Christ, and Dornwood Park.

 Rosetta Prall expressed her disinterest with the rezoning at 25th and Golden. She stated

there is already enough housing in the area including newly updated apartments she currently

lives in. She spoke of the actions of the Apostolic Church of Jesus Christ who already make

every effort to keep the area clean.

 Henry McClure spoke of his disappointment in the California Crossing CID who initially

requested a 1.9% CID sales tax and was approved for a 1.5% CID sales tax.

 Dale Cushinberry spoke negatively of the re-zoning at 25th and Golden, she felt when she

attended the Planning Commission Meeting the Commission had already had their decision

before hearing the residents living in that area. She spoke of the congestion in the area that will

be unsafe for the neighborhood.


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 Councilmember Miller joined the meeting remotely.

 ANNOUNCEMENTS BY THE CITY MANAGER, MAYOR AND MEMBERS OF

THE COUNCIL:

 Councilmember Kell shared the City World Baseball Classic began March 2, 2026, he

spoke of his excitement in seeing the world come together in large events like this rather than

being divided.

 Councilmember Hoferer shared there will be a meeting March 25, 2026, between 4:30

p.m. to 6:30 p.m. to provide a plan review for the Huntoon street project at the Topeka Shawnee

County Library’s Marvin Auditorium.

 Councilmember Hiller expressed her excitement with the changes to the DREAMS

program. She shared her experience at the St. Patrick’s Day Parade where she carried the banner

with Councilmember McGee.

 Councilmember Ortiz told residents to slow down traveling 6th street. She congratulated

all of the teams within Topeka on making it to State Competitions.

 Councilmember Banks acknowledged his constituents within District No. 4 concerning

the 25th & Golden re-zoning. He recommended revamping Dornwood Park for the many athletes

that play baseball there.

 Mayor Duncan encouraged citizens to visit www.topeka.gov to participate in the budget

survey. He congratulated Hayden’s Ladies Basketball team for winning the State Championship.

Kansas Kids freestyle championship. He recognized the 100th birthday of his wife’s Great-Uncle

Lowell Wendland.

 Mayor Duncna moved to recess into executive session not to exceed 30 minutes to give


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legal advice and discuss litigation and other matters deemed privileged under the Attorney-Client

Privilege as allowed under KSA 75-4319(b)(2). The open meeting will resume i in the

Governing Body Chambers. The following staff will be necessary to assist the Governing Body

in its deliberations, Nick Jefferson, City Attorney, Braxton Copley, Deputy City Manager, and

other staff members as needed. The motion seconded by Councilmember Kell carried.

 Mayor Duncan asked all those in favor of recessing into executive session to indicate so

by verbally saying “yea” and those opposing to indicate so verbally by saying “no.” The motion

carried. Councilmember Ortiz voted “no” (9-1-0)

 At the conclusion of the executive session, the meeting reconvened into an open session

and Mayor Duncan announced no action was taken during the executive session.

 NO FURTHER BUSINESS appearing the meeting adjourned at 8:27 p.m.


 (SEAL)


 Brenda Younger, City Clerk, M.M.




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Attachment A