Governing Body — Topeka, KS
Date: 2025-06-17

Governing Body Chambers 214 SE 8th
 St. 2nd Floor Topeka, KS 66603
 https://www.topeka.org




 Governing Body Agenda
 June 17, 2025
 6:00 PM

 Mayor: Michael A. Padilla
 Councilmembers
Karen A. Hiller District No. 1 Marcus D.L. Miller District No. 6
Christina Valdivia-Alcala District No. 2 Neil Dobler District No. 7
Sylvia E. Ortiz District No. 3 Spencer Duncan District No. 8
David Banks District No. 4 Michelle Hoferer District No. 9
Brett D. Kell District No. 5
 City Manager: Dr. Robert M. Perez


Addressing the Governing Body: Public comment for the meeting will be available via Zoom or in-person. Individuals
must 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 the
date of the meeting, after which the City Clerk's Office will provide Zoom link information and protocols prior to the
meeting. View the meeting online at https://www.topeka.org/communications/live-stream/ or at
https://www.facebook.com/cityoftopeka/.
Written public comment may also be considered to the extent it is 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 the date of the meeting for attachment to the meeting minutes.
If you need any accommodations for the meeting, please contact the City ADA Coordinator at 785-368-4470. Kansas
Relay Service at 800-766-3777. Please provide a 48 Hour Notice if possible.
Agendas are available by 5:00 p.m. on Thursday in the City Clerk's Office, 215 SE 7th Street, Room 166, Topeka,
Kansas, 66603 or on the City's website at https://www.topeka.org.
CALL TO ORDER:
INVOCATION:
PLEDGE OF ALLEGIANCE:
1. ROLL CALL:
2. PRESENTATIONS:
 2026 Downtown Business Improvement District Update
 Topeka Performance Arts Center Update
3. CONSENT AGENDA:
 A. Resolution - Juneteenth Celebration - Noise Exception

 RESOLUTION introduced by Councilmember Sylvia Ortiz, granting Randy Wheat an exception
 to the provisions of City of Topeka Code Section 9.45.150, et seq., concerning noise
 prohibitions. (Council District No. 3)

 (Approval would allow for live bands and amplified music and sound during the hours of 11:00 a.m.
 and 10:00 p.m. on June 21, 2025, at 1800 S.E. 21st Street.)

 B. Resolution - Summer Fireworks Extravaganza - Noise Exception

 RESOLUTION introduced by Councilmember Sylvia Ortiz, granting Fellowship Hi-Crest
 Church an exception to the provisions of City of Topeka Code Section 9.45.150, et seq.,
 concerning noise prohibitions. (Council District No. 3)

 (Approval would allow for amplified sound during the hours of 7:00 p.m. and 10:00 p.m. on June 28,
 2025, at 455 S.E. Golf Park Blvd.)

 C. Resolution - Circle Coffee - Noise Exception

 RESOLUTION introduced by Councilmember Marcus Miller, granting David Vincent an
 exception to the provisions of City of Topeka Code Section 9.45.150, et seq., concerning noise
 prohibitions. (Council District No. 6)

 (Approval would allow for live bands and amplified music and sound during the hours of 6:00 p.m.
 and 10:00 p.m. on June 21, 2025, at 1710 S.W. Medford Avenue.)

 D. APPLICATIONS:

4. ACTION ITEMS:
 A. Resolution - Setting August 12, 2025 Public Hearing Date for consideration of Adoption of the
 Project Plan

 RESOLUTION introduced by City Manager Dr. Robert M. Perez, setting the public hearing for
 consideration of the adoption of the Topeka Tax Increment Financing District (TIF) Project Plan
 (30th & Topeka, Inc.) at the Northeast quadrant of Topeka Boulevard and 30th Street in the
 Topeka Redevelopment District.
 Voting Requirement: Action requires at least six (6) votes of the Governing Body.

 (Approval would set a Public Hearing Date of August 12, 2025, to consider the adoption of the
 Project Plan.)

 B. Receipt of Citizen Government Review Committee Recommendations

 RECEIPT of 2025 Citizens Government Review Committee Recommendations.

 (The Committee was tasked to study and review the form of government and make
 recommendations.)

 C. Ordinance - Update Anti-discrimination Policies - Amending TMC Chapters 2.20; 3.30 and 9.20

 ORDINANCE introduced by City Manager Dr. Robert M. Perez, updating anti-discrimination
 policies in the Topeka Municipal code, amending and repealing original Sections 2.105.010,
 2.105.040, 2.105.050, 2.255.040, 3.30.440, 3.30.470, 3.30.480, 9.20.020 and 9.20.030 and repealing
 in their entireties Sections 2.20.120, 3.30.420 and 3.30.460. (Approved by the Policy & Finance
 Committee on June 10, 2025)

 Voting Requirement: Action requires at least five (5) votes of the City Council. The Mayor does
 not vote. The proposed ordinance involves a matter of home rule on which the Mayor has veto
 authority.

 (Approval will update antidiscrimination policies in the Topeka Municipal Code.)

5. NON-ACTION ITEMS:
 A. Discussion - 2024 Uniform Plumbing Code

 DISCUSSION concerning the adoption of the 2024 Uniform Plumbing Code. (Policy and
 Finance Committee recommended approval on May 14, 2025.)

 (Approval would replace the 2018 edition of the UPC used to guide the installation and repair of
 plumbing systems within the City of Topeka.)

6. PUBLIC COMMENT:
 Public comment for the meeting will be available via Zoom or in-person.
 Individuals must 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 the date of the meeting, after
 which the City Clerk's Office will provide Zoom link information and protocols
 prior to the meeting. Written public comment may also be considered to the
 extent it is 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 the date of the meeting for attachment to the
 meeting minutes. View the meeting online at
 https://www.topeka.org/communications/live-stream/ or at
 https://www.facebook.com/cityoftopeka/.
7. ANNOUNCEMENTS:
8. EXECUTIVE SESSION:
 Executive Sessions are closed meetings held in accordance with the provisions of the Kansas
 Open Meetings Act.

 (Executive sessions will be scheduled as needed and may include topics such as personnel
 matters, considerations of acquisition of property for public purposes, potential or pending litigation
 in which the city has an interest, employer-employee negotiations and any other matter provided for
 in K.S.A. 75-4319.)
9. ADJOURNMENT:
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 June 17, 2025


DATE: June 17, 2025
CONTACT PERSON: Elizabeth Miller, DOCUMENT #:
 Downtown Topeka, Inc.,
 Executive Coordinator;
 and Daniel Kays, TPAC
 Executive Director
SECOND PARTY/SUBJECT: Downtown Topeka 2026 PROJECT #:
 Update; and TPAC
 Update
CATEGORY/SUBCATEGORY
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:
 2026 Downtown Business Improvement District Update
 Topeka Performance Arts Center Update
VOTING REQUIREMENTS:
POLICY ISSUE:
STAFF RECOMMENDATION:
BACKGROUND:
BUDGETARY IMPACT:
SOURCE OF FUNDING:

ATTACHMENTS:
Description
2026 Downtown Topeka Budget and Program Services
TPAC Presentation
TPAC Financial Statements (December 31, 2024)
TPAC Board of Trustees Meeting Minutes (March 26, 2025)
May 1, 2025
Dr. Robert Perez
City Manager


Dear Dr. Perez,

The Capital City Downtown Business Improvement District (BID) Advisory Board has prepared its recommended budget
and program of services for 2026. As required by state statute and city ordinance, this document will be reviewed and
approved by the Advisory Board and submitted by May 15, 2025.
Downtown Topeka, Inc. (DTI), as the contracted administrator, will implement the following initiatives based on
available funding as outlined in the 2026 Program of Services:
Core Services for 2026
 • District Maintenance & Cleanliness: Maintain a clean, safe, and welcoming public environment through regular
 cleaning, upkeep, and seasonal readiness, including snow removal.
 • Equipment Maintenance: Ensure operational readiness and proper upkeep of all district maintenance
 equipment.
 • Marketing & Promotion: Implement a collaborative annual marketing strategy, developed with partners like
 Visit Topeka, leveraging digital engagement, paid media, and website enhancements to promote the district.
 • Events & Community Engagement: Support signature events, parades, and diverse cultural/community
 programming to drive vibrancy and economic activity.
 • Stakeholder Communication & Support: Keep businesses informed through timely communication, enhance
 collaboration with the Downtown Merchant Group, and provide support through grant administration and
 assistance with external funding applications.
 • Administrative Operations: Oversee efficient financial management, office administration, insurance, personnel
 services, and overall BID operations.
 • Economic & Business Development: Attract new investment, support existing businesses and the Downtown
 Farmers Market, advocate for strategic development aligned with the Downtown Master Plan, and actively
 promote downtown's growing heritage tourism assets.
 • Streetscape & Seasonal Enhancements: Partner with the City to install and maintain seasonal decorations and
 support general streetscape appeal.
 • Partnership & Advocacy: Proactively collaborate with the City, KDOT, Greater Topeka Partnership, and other
 stakeholders to address key infrastructure challenges and capitalize on regional opportunities.
Commitment to the District
We remain dedicated to fostering a clean, safe, and inviting environment that attracts businesses, residents, and new
development. The BID Advisory Board and DTI are committed to the following goals for 2026:
 • Create an attractive physical environment.
 • Support a strong and diverse economic environment.
 • Enhance the quality of life as a center for government, commerce, culture, history, and recreation.
We appreciate your continued support and the strong partnership we share with the City.

Sincerely,
Sean Dixon
Interim President
Downtown Topeka, Inc.



719 S KANSAS AVE.
TOPEKA, KANSAS 66603
P: 785.215.8895 | DOWNTOWNTOPEKAINC.COM
 2026 Capital City Downtown BID Program of Service / Budget
 2026 2025 2024 2023
 Projected Beginning Balance $- $- $-
Projected/Actual Revenue Current & Prior Years $200,000.00 $220,000.00 $220,000.00 $220,000.00
 Uncollectable (10%) ($20,000.00) ($22,000.00) ($22,000.00) ($37,400.00)
Total Revenue Projected Revenue $180,000.00 $198,000.00 $198,000.00 $182,600.00
Total Expense Projected Expenses $180,000.00 $209,551.24 $209,551.24 $198,051.24
Projected Ending Balance Projected Ending Balance $0.00 ($11,551.24) ($11,551.24) ($15,451.24)
 Projected Expenses
 Contract for Outdoor Cleaning Maintenance
 $11,000.00 $8,000.00 $8,000.00 $5,000.00
 Landscaping Improvements $5,000.00 $5,000.00 $12,000.00 $12,000.00
 Maintenance Equipment $4,000.00 $4,000.00 $4,000.00 $4,000.00
 Utility Vehicle Maintence $2,500.00 $5,000.00 $5,000.00 $5,000.00
 District Maintenance
 District maintenance other $4,500.00 $4,500.00 $4,500.00 $4,500.00
 Event Insurance $0.00 $4,000.00 $2,000.00 $2,000.00
 Misc Expenses $0.00 $4,725.00 $4,725.00 $1,225.00
 Category Total: $27,000.00 $35,225.00 $40,225.00 $33,725.00

 Special Events $20,000.00 $45,000.00 $35,000.00 $30,000.00
 District Programming (parades, concerts, other)
 Category Total: $20,000.00 $45,000.00 $35,000.00 $30,000.00

 Media Advertising $12,000.00 $12,000.00 $12,000.00 $12,000.00
 Christmas Lights $16,000.00 $- $- $-
 District Promotion Printed Materials $2,500.00 $2,500.00 $2,500.00 $2,500.00
 District Promotions Other $4,500.00 $4,500.00 $4,500.00 $4,500.00
 Category Total: $35,000.00 $19,000.00 $19,000.00 $19,000.00

 Administrative Expenses $98,000.00 $97,326.24 $97,326.24 $97,326.24
 District Administration Current Office Expenses $- $- $- $-
 Category Total: $98,000.00 $97,326.24 $97,326.24 $97,326.24
 $0.00 $8,000.00 $8,000.00 $8,000.00
 District Enhancements
 Category Total: $0.00 $8,000.00 $8,000.00 $8,000.00
 New Opportunities $0.00 $5,000.00 $10,000.00 $10,000.00
 New Opportunities
 Category Total: $0.00 $5,000.00 $10,000.00 $10,000.00
 District Maintenance $27,000.00 $35,225.00 $40,225.00 $33,725.00
 District Programming $20,000.00 $45,000.00 $35,000.00 $30,000.00
 District Promotion $35,000.00 $19,000.00 $19,000.00 $19,000.00
 District Administration $98,000.00 $97,326.24 $97,326.24 $97,326.24
 Staff BID Exp $86,077.47
 Category Totals
 Office Expenses $11,922.53
 District Enhancements $0.00 $8,000.00 $8,000.00 $8,000.00
 Contingency Funds Available
 New Opportunities $0.00 $5,000.00 $10,000.00 $10,000.00
 TOTAL Expenses: $180,000.00 $209,551.24 $209,551.24 $198,051.24
Business Improvement District
2026 PLAN
 Business Improvement District
 ADVISORY BOARD
 ANGELA BROXTERMAN | Midwest Health
 GARY PILAND | Umbrella
 JENNNIFER GOETZ | Compass Marketing
 JIM PARRISH - Vice Chair | Parrish Hotel Corporation
 KEN SCOTT - Chair | Capitol Federal - Retired
 KIM SCHULTZ | Creatively Bold Enterprises
 NICK XIDIS | Hazel Hill Chocolate
 ROB BERGQUIST | Cyrus Hotel
 STEPHEN SMITH | Stephen Smith Gallery




Capital City
BUSINESS IMPROVEMENT DISTRICT
MISSION STATEMENT
It is the purpose of the Capital City Business Improvement District (BID),
under the authority of the City of Topeka, to carry out a program
of services that will:

1. Create an attractive physical environment.
2. Create an attractive economic environment.
3. Strive to achieve excellence in the quality of life as a center of
 government, commerce, culture, history and recreation.
INTRO:
CELEBRATING 30 YEARS OF
PARTNERSHIP
The BID was established December 23, 1986, by City of Topeka
Ordinance Number 15701, enabling enhanced services witin the District.
The administration changed significantly in 1995 when the City partnered
with DTI to manage the BID’s administrative services. As we outline the
2026 Program of Services, we also recognize over 30 years of this vital
partnership between the City of Topeka and Downtown Topeka Inc.,
working collaboratively to enhance and promote Downtown Topeka. This
report details the planned activities and services for 2026.


BID
ADMINISTRATION:
For 2026, DTI will continue to oversee the District, delivering the services
recommended by the Advisory Board and approved by the City Council. As
downtown continues its revitalization, the BID’s goals remain steadfast: fostering
a vibrant physical and economic environment and promoting an exceptional
quality of life.


BID
MAINTENANCE:
Maintaining a clean and welcoming district remains a core focus for 2026. This
is a team effort led by Paul Cervantez, a dedicated full-time DTI employee. Under
Paul’s supervision, the maintenance team, including part-time support from Vickie
Rose and potentially other staff or contractors, ensures the district remains pristine.
Daily reponsibilities cover Monroe to Topeka Boulevard and 2nd to 13th Streets,
including trash removal, sidewalk/alley cleaning, and weed management. The
team provides post-event cleanup and serves as a watchful presence. Paul also
oversees equipment upkeep. During winter, the team pre-treats sidewalks and clears
key walking paths. While businesses clear their immediate fronts, the BID team
maintains and utilizes appropriate ice melt for public sidewalks.
 Boosting Retail
 & LOCAL MERCHANTS
 A key focus for 2026 will be strengthening the downtown retail environment and supporting our local
 entrepreneurs.

 Merchant Collaboration: We will enhance our partnership with local merchants and the
 dedicated Downtown Merchant Group, working collaboratively on promotions, events (like First
 Friday Art Walks), and addressing shared challenges and opportunities.

 Farmers Market Synergy: DTI will strengthen its relations with the Downtown Topeka Farmers
 market. We aim to create more opportunities for residents and visitors to connect with local artisans
 and growers at the market, enhancing downtown vibrancy. Futhermore, we recognize the market's
 vital role in addressing food access and will explore ways to support its function in mitigating the
 area's food desert characteristics and lack of traditional grocery stores.
2026 PROGRAMMING & EVENTS
DTI plans a robust schedule of programming and event support for 2026, focusing on entertainment, cultural
celebrations, and leveraging the district’s unique assets.

Entertainment Hub Support: DTI remains committed to actively supporting the district’s vibrant
 District Development
entertainment scene. In 2026, we anticipate strong schedules from key venues like Evergy Plaza and
the Topeka Performing Arts Center (TPAC), which serve as major draws for visitors. DTI will continue
 & ENHANCEMENTS
 DTI’s efforts in 2026 extend beyond programming to include strategic development and the
its collaborative partnerships with these anchor institutions, providing marketing and logistical support continuous enhancement of the physical district environment.
to promote their diverse offering of concerts, shows, and community gatherings, thereby enhancing
downtown’s reputation as a primary entertainment destination. Ongoing Enhancements & Maintenance Strategy: We will continue to implement a
 comprehensive district-wide maintenance strategy focused on operational efficiency and aesthetic
Signature Events, Parades & Community Programming: Supporting major community events
 appeal. This includes the effective deployment of assets like the Club Car utility vehicle for daily
that define downtown’s unique character remains a cornerstone of DTI’s work in 2026. We will continue
 tasks such as litter collection, planter upkeep, and beautification efforts. Our commitment extends
to provide assistance for signature parades, most notably the Miracle on Kansas Avenue holiday parade
 to seasonal needs, ensuring a festive etmosphere through partnerships with local vendors for
held in late November/early December. This event has grown significantly in popularity and reputation,
 professional holiday lighting installation and removal, and maintaining safety and accessibility
becoming recognized as one of Kansas’ premier holiday celebrations, and DTI is proud to support its
continued success. Futhermore, DTI is committed to fostering downtown’s rich cultural tapestry through during winter through the execution of our Snow Removal Action Plan. Welcoming and supporting
flexible support for culture and community programming. This allows us to assist diverse events that new businesses as they join the downtown community also remains integral to this engoing
showcase our community, such as the long-standing Fiesta Topeka (celebrating its 102nd year in 2026, enhancement work.
including associated Mini Jamaica festivities) and the growing India Mela (entering its 4th year), while
remaining adaptable to new opportunities that may arise. Strategic Development Initiative: Look forward, DTI will actively engagein strategic initiatives
 aimed at fostering long-term growth and vitality, aligning with broader community goals:
Heritage Tourism Development: A significant focus for 2026 involves strategically bolstering
Downtown Topeka as a Heritage Tourism destination, capitalizing on both exciting new developments and - Housing & Master Plan Advocacy: In collaboration with the Greater Topeka
treasured existing assets. Following decades of dedicated effort, the historic Constitution Hall is anticipated Partnership and other stakeholders, DTI will advocate for the development of new housing options
to reopen in 2025; DTI will play a key role in supporting programming and promotional efforts surrounding and complementary attractions within the downtown area. We will actively support the advancement
this landmark in 2026, reintroducing it to the community and visitors. We will also collaborate closely with of existing housing initiatives and other key projects outline in the City of Topeka’s Downtown Master
the Kansas Historical Society to promote the Charles Curtis House, following its recent acquisition and Plan, working to ensure its vision becomes reality.
planned reopening as a publicly accesible historic site honoring the former Vice President. These important
sites will join downtown’s existing historical anchors, the internationally recognized Brown v. Board of - Grant Support & Administration: DTI will continue to serve as a crucial resource
Education National Historic Park and the Ritchie House, carefully stewarded by the Shawnee County for property owners and merchants seeking funding for improvements. This includes administering
Historical Society. To weave these narratives together, DTI plans to strengthen partnerships with Visit Topeka programs like the Downtown Development Grant Program on behalf of the City of Topeka, as well
and other local leisure and hospitality entities. A key initiative for 2026 will be supporting the development as providing guidance and support to local stakeholders applying for external funding opportunities,
of cohesive historic trails and interpretive markers within the district, creating a more engaging and such as grants offered by the Kansas Department of Commerce and other relevant agencies. Our
informative experience for those exploring Topeka’s rich past. goal is to maximize investment in downtown properties and businesses.
BID MARKETING
BID-funded marketing efforts in 2026 will be guided Alongside enhanced
by a comprehensive annual marketing strategy, organic efforts, DTI will
developed and implemented in close cooperation continue to strategically allocate
with Visit Topeka and other entitites within the Greater resources for paid promotions,
Topeka Partnership. This collaborative approach advertising, and partnerships with local
ensures alignment and maximizes the impact of our and regional media outlets to ensure broad
promotional activities. A key component of our 2026 visibility for downtown happenings. Futhermore,
efforts will involve leveraging the full-time Social we recognize that many downtown businesses and
Media Coordinator position, established in 2025 and venues have their own active marketing programs;
shared between DTI and Visit Topeka. We will build DTI will seek opportunities to support and amplify
upon the initial successes of this role, utilizing this these partner efforts, fostering a unified promotional
dedicated in-house talent to significantly expand our front for the district. Finally, facilitating enhancements
organic content reach, enhance digital engagement, to the Downtown Topeka website will be a priority,
and provide robust, real-time promotion for district with a particular focus on maintaining a robust,
events and initiatives. accurate, and user-friendly event calendar, shared
 collaboratively with Visit Topeka to serve as the
 central hub for information on downtown activities.
2026 OUTLOOK: OPPORTUNITIES & CHALLENGES
Looking ahead to 2026, Downtown Topeka faces a unique landscape marked by both significant
opportunities and considerable challenges that will require strategic focus and strong partnerships.

World Cup 2026 Opportunity: The FIFA World Cup matches being hosted in nearby Kansas City
present a major opportunity for Topeka. DTI will work closely with Visit Topeka and other city-wide leisure Funding
and hospitality partners to develop strategic marketing initiatives and downtown activations specifically
designed to attract and cater to the influx of international visitors expected in the region during the 2026 ASSESSMENT RATES
summer of 2026. Our goal is to position Downtown Topeka as an appealing destination for World Cup
attendees seeking authentic Kansas experiences beyond the immediate host city. For the 2026 budget year, the Advisory
 Board continues to recommend the
Polk-Qunicy Viaduct Construction Challenge: Paramount amoung our concerns for 2026 is the following assessment structure:
planned reconstruction of the Polk-Quincy Viaduct, which will necessitate major closures of I-70 through
Topeka. This project represents a significant headwind for the downtown district, potentially creating Tier One - $0.0905 per square foot
complex routing issues and making casual access more difficult for residents and visitors alike. There is Tier Two - $0.0405 per square foot
a tangible risk that this temporary situation could significantly impact downtown merchants, restaurants, (BID map located to right for reference.)
and attractions. Therefore, a critical priority for DTI and the BID in 2026 will be to work hand-in-glove
with the City of Topeka and the Kansas Department of Transportation (KDOT). We must ensure proactive The assessment cap for the largest
communication, clear wayfinding strategies, and effective mitigation efforts are in place to minimize businesses remains $15,000.
disruption. The 2026 BID budget and the strength of our partnerships will be crucial in addressing
this challenge, supporting our businesses, and continuing to encourage patronage of downtown’s
programming, retail, and dining opportunities despite the construction impacts. Maintaining downtown’s
vitality and accessibility throughout this period will require focused effort and collaboration.
To enhance operational efficiency, the BID will continue streamlining the annual information-collection
process. Quarterly newsletters will include forms for occupancy/usage updates and request primary
email contacts. This facilitates a transition towards digital data collection in partnership with the City of
Topeka Finance Department, improving accuracy and timeliness. Businesses are encouraged to provide
active email addresses for future digital survey distribution.




 Welcome,
 ANNUAL FESTIVALS MADE THEIR
 MARK
 Downtown Topeka was excited to host
 numerous major festivals that were both
 PRESENTED BY
DOWNTOWN TOPEKA, INC.
 MAY 2025

 719 S KANSAS AVE.
  TOPEKA, KANSAS 66603
 785-234-2644
City Council Update
 6/17/25
Topeka Performing Arts Center
 YTD 2025
 Monthly
 P&L Apr-25 Apr-25 Budget YTD 25 Actual YTD 25 Budget 2025 Annual Budget Variance YTD Variance
 Net Income (Loss) 16,124 45,682 (23,218) (69,591) (66,397) (29,557) 46,373
 2025
 For Profit Non Profit TPAC
 EVENT DAYS Commercial Community/Youth Oriented Live!

  Georgia Neese Gray Theatre 106 77 3

TPAC
 26(6 holds)

 2019
 For Profit Non Profit


City Council Update
 EVENT DAYS Commercial Community/Youth Oriented

  Georgia Neese Gray Theatre 128 16 112


6/17/25
  Banquet Hall (Hills Festival Hall)

  Black Box Theatre (Hussey Playhouse)
 38

 14

  Conference Rooms (Flemming/Sheffel) 17
TPAC
City Council Update
6/17/25
 2017: $55,780
 2018: $57,950
 2019: $53,250
 2020: $34,650
 $149,900 2021: $19,300
 ($132,000 Cash 2022: $58,750
$17,900 Media and Services Trade) 2023: $96,250
 (2025: $65,200) 2024: $39,360
 2017: 61
 2018: 54
 2019: 36
  Current: 9 2020: 33
 2021: 23
Goal: 50 (2025) 2022: 32
 75 (2026) 2023: 41
  125 (2027) 2024: 35
10 Active (October)
 44 Active (Now)
Topeka Performing Arts Center, Inc.


 Financial Statements
 As of December 31, 2024
 and For the Year Then Ended




 With Report by Independent Auditor
Table of Contents

 Page

Independent Auditor’s Report 1–2

Financial Statements

 Statement of Financial Position 3

 Statement of Activities 4

 Statement of Functional Expenses 5

 Statement of Cash Flows 6

Notes to the Financial Statement 7 – 12
 Russell Shipley CPA, CFE, CGFM, CGMA
 Principal & Managing Director
 (785) 760-4898
 Russell@ShipleyCPA.com

 PO Box 751193
 Topeka, KS 66675

 ShipleyCPA.com




 INDEPENDENT AUDITOR’S REPORT
To the Board of Directors
Topeka Performing Arts Center, Inc.
Topeka, Kansas 66603
Opinion
I have audited the accompanying financial statements of Topeka Performing Arts Center, Inc. (the
Organization), which comprise the statement of financial position as of December 31, 2024, and the
related statements of activities, functional expenses and cash flows for the year then ended, and the
related notes to the financial statements.
In my opinion, the financial statements referred to above present fairly, in all material respects, the
financial position the Organization as of December 31, 2024, and the changes in its net assets and its
cash flows for the year then ended in accordance with accounting principles generally accepted in the
United States of America.
Basis for Opinion
I conducted my audit in accordance with auditing standards generally accepted in the United States of
America. My responsibilities under those standards are further described in the Auditor’s
Responsibilities for the Audit of the Financial Statements section of my report. I am required to be
independent of the Organization and to meet my other ethical responsibilities in accordance with the
relevant ethical requirements relating to my audit. I believe that the audit evidence we have obtained is
sufficient and appropriate to provide a basis for my audit opinion.
Responsibilities of Management for the Financial Statements
Management is responsible for the preparation and fair presentation of the financial statements in
accordance with accounting principles generally accepted in the United States of America, and for the
design, implementation, and maintenance of internal control relevant to the preparation and fair
presentation of financial statements that are free from material misstatement, whether due to fraud or
error.
In preparing the financial statements, management is required to evaluate whether there are conditions
or events, considered in the aggregate, that raise substantial doubt about the Organization's ability to
continue as a going concern within one year after the date that the financial statements are available to
be issued.
Auditor’s Responsibilities for the Audit of the Financial Statements
My objectives are to obtain reasonable assurance about whether the financial statements as a whole are
free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that
includes my opinion. Reasonable assurance is a high level of assurance but is not absolute assurance and
therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing
standards will always detect a material misstatement when it exists.


 1|Page
The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting
from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the
override of internal control. Misstatements, including omissions, are considered material if there is a
substantial likelihood that, individually or in the aggregate, they would influence the judgment made by
a reasonable user based on the financial statements.
In performing an audit in accordance with generally accepted auditing standards, I:
  Exercise professional judgment and maintain professional skepticism throughout the audit.
  Identify and assess the risks of material misstatement of the financial statements, whether due
 to fraud or error, and design and perform audit procedures responsive to those risks. Such
 procedures include examining, on a test basis, evidence regarding the amounts and disclosures
 in the financial statements.
  Obtain an understanding of internal control relevant to the audit in order to design audit
 procedures that are appropriate in the circumstances, but not for the purpose of expressing an
 opinion on the effectiveness of the Organization's internal control. Accordingly, no such opinion
 is expressed.
  Evaluate the appropriateness of accounting policies used and the reasonableness of significant
 accounting estimates made by management, as well as evaluate the overall presentation of the
 financial statements.
  Conclude whether, in my judgment, there are conditions or events, considered in the aggregate,
 that raise substantial doubt about the Organization's ability to continue as a going concern for a
 reasonable period of time.
I am required to communicate with those charged with governance regarding, among other matters, the
planned scope and timing of the audit, significant audit findings, and certain internal control related
matters that I identified during the audit.




Shipley CPA, LLC
Topeka, Kansas
March 4, 2025




 2|Page
 Topeka Performing Arts Center, Inc.
 Statement of Financial Position
 December 31, 2024


 ASSETS

 Current Assets
 Cash in bank $ 908,660
 Accounts receivable 61,291
 Prepaid expenses 44,618
 Total Current Assets 1,014,569

 Property and Equipment
 Equipment, net of accumulated depreciation of $502,508 475,992
 Total Property and Equipment 475,992

 Other Assets
 Beneficial interest in trusts 1,031,373
 Total Other Assets 1,031,373

 Total Assets $ 2,521,934

 LIABILITIES AND NET ASSETS

 Current Liabilities
 Accounts payable $ 192,290
 Accrued liabilities 29,784
 Deferred revenue 75,571
 Deferred revenue - ticket sales 276,389
 Total Current Liabilities 574,034

 Total Liabilities 574,034

 Net Assets
 Without donor restrictions 916,527
 With donor restrictions 1,031,373

 Total Net Assets 1,947,900

 Total Liabilities and Net Assets $ 2,521,934




The accompanying notes are an integral part of these financial statements. 3|Page
 Topeka Performing Arts Center, Inc.
 Statement of Activities
 For the Year Ended December 31, 2024


 Without With
 Donor Donor
 Restrictions Restrictions Total
Support and Revenue
 Contributions $ 182,907 $ - $ 182,907
 Advertising and sponsorship 61,185 - 61,185
 Facility revenue 568,767 - 568,767
 Concessions and catering 110,639 - 110,639
 Fundraising events 8,350 - 8,350
 Ticket, merchandise sales and other 149,615 - 149,615
 Grants 6,911 - 6,911
 In-kind revenue 1,858 - 1,858
 Distribution from trusts 38,637 - 38,637
 Change in value of beneficial
 interest in trusts - 28,833 28,833

 Total Support and Revenue 1,128,869 28,833 1,157,702

 Expenses
  Program services 816,840 - 816,840
  Management and general 376,302 - 376,302
  Fundraising 7,102 - 7,102

 Total Expenses 1,200,244 - 1,200,244

 Change in Net Assets (71,375) 28,833 (42,542)

Net Assets, Beginning of Year 987,902 1,002,540 1,990,442

Net Assets, End of Year $ 916,527 $ 1,031,373 $ 1,947,900




The accompanying notes are an integral part of these financial statements. 4|Page
 Topeka Performing Arts Center, Inc.
 Statement of Functional Expenses
 For the Year Ended December 31, 2024


 Program Management
 Services and General Fundraising Total
Expenses
 Contract labor $ 250,785 $ 186,516 $ 804 $ 438,105
 Outside event 415,890 1,347 500 417,737
 Contract services - 3,598 - 3,598
 Event labor 85,081 - 108 85,189
 Advertising 27,608 8,137 1,832 37,577
 Fundraising supplies and other - - 1,908 1,908
 Management fees 10,772 54,036 - 64,808
 General expenses 4,740 33,229 - 37,969
 Information technology - 262 - 262
 Insurance 17,083 20,529 - 37,612
 Professional fees 4,881 11,011 - 15,892
 Maintenance expense - 9,661 - 9,661
 Miscellaneous expense - 1,377 1,950 3,327
 Depreciation - 46,599 - 46,599

 Total Expenses $ 816,840 $ 376,302 $ 7,102 $ 1,200,244




The accompanying notes are an integral part of these financial statements. 5|Page
 Topeka Performing Arts Center, Inc.
 Statement of Cash Flows
 For the Year Ended December 31, 2024


  Cash Flows from Operating Activities
 Change in net assets $ (42,542)
 Adjustments to reconcile change in net assets to net cash from
 by operating activities:
 Depreciation 46,599
 Change in beneficial interest in trusts (28,833)
 Change in Assets and Liabilities:
 Accounts receivable 26,469
 Prepaid expenses (24,819)
 Accounts payable 54,390
 Deferred revenue 6,739
 Refundable advances 214,589
 Accrued liabilities (23,177)
 Net Cash Provided by Operating Activities 229,415

  Cash Flows from Investing Activities
 Purchase of equipment (24,175)
 Net Cash Used in Investing Activities (24,175)

  Net Change in Cash, Cash Equivalents and Restricted Cash 205,240

  Cash, Cash Equivalents and Restricted Cash, Beginning of Year 703,420

  Cash, Cash Equivalents and Restricted Cash, End of Year $ 908,660




The accompanying notes are an integral part of these financial statements. 6|Page
 Topeka Performing Arts Center, Inc.
 Notes to the Financial Statements
 December 31, 2024

Note 1 – Summary of Significant Accounting Policies

Nature of Organization and Operations
The Topeka Performing Arts Center, Inc. (Organization) was formed for the advancement, promotion,
and development of the arts in the City of Topeka, the stimulation of public sentiment to these ends,
and to provide a facility to enhance both the performing and visual arts. The Organization is supported
primarily through contributions and public support.

Basis of Accounting
The financial statements of the Organization have been prepared on the accrual basis in accordance
with accounting principles generally accepted in the United States of America. The financial statements
are presented in accordance with Financial Accounting Standards Board (FASB) Accounting Standards
Codification (ASC) 958 dated August 2016, and the provisions of the American Institute of Certified
Public Accountants (AICPA) "Audit and Accounting Guide for Not-for-Profit Organizations" (the Guide).

Under the provisions of the Guide, net assets and revenues, and gains and losses are classified based
on the existence or absence of donor-imposed restrictions. Accordingly, the net assets of the
Organization and changes therein are classified as follows:

 Net assets without donor restrictions: Net assets that are not subject to donor-imposed
 restrictions and may be expended for any purpose in performing the primary objectives of the
 Organization. The Organization's board may designate assets without restrictions for specific
 operational purposes from time to time.

 Net assets with donor restrictions: Net assets subject to stipulations imposed by donors, and
 grantors. Some donor restrictions are temporary in nature; those restrictions will be met by
 actions of the Organization or by the passage of time. Other donor restrictions are perpetual in
 nature, whereby the donor has stipulated the funds be maintained in perpetuity.

Use of Estimates
The preparation of financial statements in conformity with generally accepted accounting
principles requires management to make estimates and assumptions that affect certain reported
amounts and disclosures. Accordingly, actual results could differ from those estimates.

Cash and Cash Equivalents
For purposes of the statements of cash flows, the Organization considers all interest-bearing deposits
with original maturity dates of three months or less to be cash equivalents.

Accounts Receivable
Accounts receivable are stated at the amount management expects to collect from outstanding
balances. When management identifies balances which they believe are uncollectible, the balances are
charged to bad debt expense.

Fixed Assets
Equipment is recorded at historical cost or estimated value at the time of donation. Contributed
equipment is recorded as unrestricted support at the date of donation, unless donor restrictions exist.
Expenditures for additions or improvements that significantly add to productive capacity or extend the
useful life of an asset are capitalized. Expenditures for ordinary maintenance and repairs are expensed.



 7|Page
 Topeka Performing Arts Center, Inc.
 Notes to the Financial Statements
 December 31, 2024

Note 1 – Summary of Significant Accounting Policies (continued)

Fixed Assets (continued)
The Organization reviews the carrying values of property and equipment for impairment whenever
events or circumstances indicate that the carrying value of an asset may not be recoverable from the
estimated future cash flows expected to result from its use and eventual disposition. When considered
impaired, an impairment loss is recognized to the extent carrying value exceeds the fair value of the
asset. Depreciation is calculated on a straight-line basis with estimated useful lives of 3 to 20 years.

Investments
Investments received by the Organization by gift, bequest or devise are stated at their fair value as of
the date of receipt. Fair value is determined by appraisal, quoted market, etc. At year-end, investments
are stated at fair market value. Interest and dividends on investment securities are included in income
when earned. Investment securities are exposed to various risks, such as interest rate, market
fluctuation and credit risk. Due to the level of risk associated with certain investment securities, it is
reasonably possible that changes in risks in the near term would materially affect investments and the
amounts reported in the statements of financial position.

Income Taxes
The Organization is a not-for-profit entity as described in Section 501(c)(3) of the Internal Revenue
Code and is exempt from income taxes pursuant to Section 501(a) of the Code. The Internal Revenue
Service has made a determination that the Organization is a public charity and not a private
foundation. The Organization's present accounting policy for the evaluation of uncertain tax positions
is to review those positions on an annual basis.

A liability would be recorded in the financial statements during the period which, based on all
available evidence, management believes it is more likely than not that the tax position would not be
sustained upon examination by taxing authorities and the liability would be incurred by the
Organization. The Organization is no longer subject to tax examinations by tax authorities for Forms
990, Return of Organization Exempt from Income Tax, for fiscal years before 2021.

Revenue Recognition – Exchange Transactions
The Organization hosts performances by a variety of artists but does not always act as principal
promoter. The Organization receives facility fee revenues and reimbursement of expenses from
promoters. Ticket sales in the accompanying statements of activities include local activities hosted or
solely produced by the Organization. Revenues from events are reflected in the statements of activities
in the year the events occur. Deferred revenue consists of room rental deposits, and sponsorships
received in advance of events.

Revenue Recognition – Public Support
Contributions and grants are recognized when cash, securities or other assets, an unconditional
promise to give, or notification of a beneficial interest is received. Conditional promises to give are not
recognized until the conditions on which they depend have been substantially met. Granted funds
which are received in advance of the period appropriated are deferred when significant criteria are
necessary to achieve the purpose of the grant and a right of return exists for failure to achieve the
intended purpose of the grant.

Advertising
The Organization’s advertising costs are expensed as incurred.


 8|Page
 Topeka Performing Arts Center, Inc.
 Notes to the Financial Statements
 December 31, 2024

Note 1 – Summary of Significant Accounting Policies (continued)

Functional Allocation of Expenses
The costs of program and supporting services activities have been summarized on a functional basis in
the statement of activities. The statements of functional expenses present the natural classification
detail of expenses by function. Accordingly, certain costs have been allocated among the programs and
supporting services benefited. The expenses are allocated on the basis of management's estimates of
time and effort.

Note 2 – Refundable Advances and Deferred Revenue
The Organization receives and holds cash from ticket sales in advance of performances. In the event
the performance was to be cancelled, the cash is refundable to ticket holders. Refundable advance
activity for the year ended December 31, 2024 was as follows:

 Deferred revenue ‐ ticket sales, beginning of year $ 61,800
 Advance ticket sales 276,389
 Event occurring and revenue recognized (61,800)
 Deferred revenue ‐ ticket sales, end of year $ 276,389

The Organization receives and holds cash from room rental deposits and sponsorships. Deferred
revenue activity for the year ended December 31, 2024 was as follows:

 Deferred revenue, beginning of year $ 68,832
 Advance deposits and sponsorships 75,571
 Utilization of deposits and sponsorships (68,832)
 Deferred revenue, end of year $ 75,571

Note 3 – Fair Value Measurement
Financial reporting standards establish a three-level valuation hierarchy for disclosure of fair value
measurements. The valuation hierarchy is based upon the transparency of inputs to the valuation of an
asset or liability as of the measurement date. A financial instrument's categorization within the
valuation hierarchy is based upon the lowest level of input that is significant to the fair value
measurement. The three levels are defined as follows:

 Level 1 - Inputs to the valuation methodology are unadjusted quoted prices for identical assets
 or liabilities in active markets.
 Level 2 - Inputs to the valuation methodology include quoted prices for similar assets and
 liabilities in active markets, and inputs that are observable for the asset or liability, either
 directly or indirectly, for substantially the full term of the financial instrument.
 Level 3 - Inputs to the valuation methodology are unobservable and significant to the fair
 value measurement.




 9|Page
 Topeka Performing Arts Center, Inc.
 Notes to the Financial Statements
 December 31, 2024

Note 3 – Fair Value Measurement (continued)
The asset or liability’s fair value measurement level within the fair value hierarchy is based on the
lowest level or any input that is significant to the fair value measurement. Valuation techniques
maximize the use of relevant observable inputs and minimize the use of unobservable inputs.
Furthermore, although the Organization believes its valuation methodologies are appropriate and
consistent with other market participants, the use of different methodologies or assumptions to
determine the fair value of certain financial instruments could result in a different fair value
measurement at the reporting date.

The following hierarchy table presents information about the Organization’s assets measured at fair
value as of December 31, 2024:
 Fair Value Measurements at Reporting Date
 Fair Value Level 1 Level 2 Level 3
Beneficial interest in trusts $ 1,031,373 $ - $ - $ 1,031,373

  Total assets $ 1,031,373 $ - $ - $ 1,031,373

There were no transfers of assets or liabilities between levels 1, 2, or 3 of the fair value hierarchy
during the year ended December 31, 2024.

The following is a reconciliation of the Organization’s assets measured at fair value on a recurring
basis using significant unobservable inputs (Level 3) for the year ended December 31, 2024:

 Balance ‐ beginning of the year $ 1,002,540
 Change in value of beneficial interest in trust 28,833
 Balance ‐ end of the year $ 1,031,373

Fair value is determined using various inputs. These inputs are assumptions that market participants
would use in pricing an asset, which are not always observable in the marketplace. When available,
quoted market prices in an active market for identical assets (Level 1 inputs) are used to determine
fair value. If quoted market prices are not available, valuation techniques are used that place greater
reliance on other observable factors (Level 2 inputs) and unobservable factors (Level 3 inputs).

Note 4 – Operating Agreement
The Organization utilizes the Performing Arts Center facility under an agreement with the City of
Topeka. The agreement provides for ongoing operation and use of the facility without charge by the
City. No amounts have been determined and thus not recorded for in-kind contributions. The
agreement has been amended and runs through December 31, 2026.

Note 5 – Net Assets With Donor Restrictions

Beneficial Interests
The Organization is an income beneficiary of three perpetual trusts which are held and administered
by a third party. Distributions received from the trusts are available for use in the general operations
of the Organization.




 10 | P a g e
 Topeka Performing Arts Center, Inc.
 Notes to the Financial Statements
 December 31, 2024

Note 5 – Net Assets With Donor Restrictions (continued)
On an annual basis, the Organization adjusts the beneficial interest based on a reevaluation of
estimated future cash flows to be received. A discount rate of 5% was used in determining the present
value of the estimated future cash flows. The change in trust values is reflected in the statement of
activities as a change in beneficial interest. The following provides a summary of the asset categories
within the trusts as of December 31, 2024:

 Equities 71%
 Fixed income 27%
 Other 2%

The Organization's net assets with donor restrictions are restricted for the following purposes or
periods as follows at December 31, 2024:

 Subject to time restriction:
 Beneficial interest in trusts, distributions from which are
 expendable in operations $ 1,031,373

Note 6 – In‐Kind Contributions
The Organization records the fair value of in-kind contributions as revenue when received and as
an offsetting expense when the donated services and property are used. The Organization did not
recognize certain noncash contributions of free or reduced rate services and property in the prior
year financial statements as the estimated fair market value was not readily determinable.
Management did not determine the impact of this matter on the prior year financial statements.
The Organization recognized other in-kind contributions of $1,858 for the year ended December
31, 2024.

Note 7 – Management Fee
The Organization pays a fixed fee of $4,500 per month and a variable management fee equal to
10% of the gross food and beverage revenues and 15% of the gross revenues from naming rights,
sponsorships, and donations to VenuWorks of Topeka, LLC (VenuWorks). The Organization paid
$64,808 in management fees for the year ended December 31, 2024.




 11 | P a g e
 Topeka Performing Arts Center, Inc.
 Notes to the Financial Statements
 December 31, 2024

Note 8 – Liquidity and Availability of Resources
Financial assets available for general expenditure, that is, without donor or other restrictions
limiting their use, within one year of the statement of financial position date, are comprised of the
following at December 31, 2024:

 Financial assets at year‐end:
 Cash and cash equivalents $ 908,660
 Accounts receivable 61,291
 Total financial assets 969,951

 Less amounts not available to be used for general
 expenses within one year:
 Deferred ticket sales in box office checking (276,389)
 Financial assets available to meet general expenses
 over the next twelve months $ 693,562

As part of the Organization's liquidity management plan, the Organization invests cash in excess
of daily requirements in various money market funds.

Note 9 – Subsequent Events
The Organization has evaluated subsequent events through the date of the independent auditor’s
report, which is the date the financial statements were available to be issued.




 12 | P a g e
 MINUTES of
 Board of Trustees Meeting
 March 26, 2025

Trustees Present: Mark Carr, Ashley Gilﬁlan, Brent Piepergerdes, Je( Parker, Thad Halstead, Mack
Mondesir, Tuck Duncan, Staci Williams, Zac Broughton

Trustees Absent: Fred Patton, Wayne Edkin, Steven Massey, Chris Fisher, Sam Feather, Shane Grau, Sean
Dixon

TPAC Sta( Present: Daniel Kays, Julie Welch

Call to Order – the meeting was called to order in the conference room at 212 SW 8th Ave, by Staci
Williams at 12:10pm. A quorum of 10 Trustees were present

Approval of Minutes
Je( moved to approve the minutes of the February 28 board meeting, and the March 18 Executive
Committee meeting. Staci seconded. Motion approved unanimously.

Financials
Zac presented January ﬁnancials, showing a deﬁcit of $19,448 - better than the budgeted deﬁcit of
$35,898. Favorable programming was helpful.
Cash remains strong. May need to dip into reserves, but hoping shows will continue to help.
Staci led the board in thanking Dan for his hard work.
Je( moved to accept ﬁnancials, Staci seconded. Approved unanimously.

Board Development
Two potential board members are currently in discussion.

Fund Raising
Je( reported on the importance of board involvement in starting conversations with sponsors
Friends of TPAC – need to nail down the details before we can market heavily. What are the beneﬁts? Still
working with CapFed on parking.

Historic Documents
Need one more push to complete the historic document organization/storage.

Executive Director
Usher training has been positive.
Need ID checkers for Sunday Bob Dylan concert
Dan shared a 1998-1999 brochure to illustrate how fundraising is the key to success for TPAC.
Dan reported on upcoming events.
Several board members mentioned possible sponsorship contacts
ADA ramp construction is a challenge
Getting new bid for marquee with Daktronics.
Our part-time hourly rates are really low – we will need to increase our rates

Audit
Je( mentioned that the audit was a “clean” audit, with no management recommendations
Tuck moved to accept the audited ﬁnancial statements and send to City, Staci seconded. Motion passed
unanimously.
Adjournment
Staci adjourned the meeting at 1:00pm

Respectfully submitted by Je( Parker, Secretary


 3/26/2025
____________________________________________
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 June 17, 2025


DATE: June 17, 2025
CONTACT PERSON: Councilmember Sylvia DOCUMENT #:
 Ortiz
SECOND PARTY/SUBJECT: Randy Wheat PROJECT #:
CATEGORY/SUBCATEGORY 020 Resolutions / 005 Miscellaneous
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

RESOLUTION introduced by Councilmember Sylvia Ortiz, granting Randy Wheat an exception to the
provisions of City of Topeka Code Section 9.45.150, et seq., concerning noise prohibitions. (Council
District No. 3)

(Approval would allow for live bands and amplified music and sound during the hours of 11:00 a.m. and 10:00
p.m. on June 21, 2025, at 1800 S.E. 21st Street.)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
City of Topeka Code Section 9.45.170, et seq., authorizes the City Council to grant noise exceptions. Approval
grants a noise exception to Randy Wheat for the Juneteenth Celebration on June 21, 2025.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the resolution as part of the consent agenda.
BACKGROUND:
Randy Wheat has requested the noise exception due to live bands and amplified music and sound at the event.
BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Not Applicable.
ATTACHMENTS:
Description
Resolution
Juneteenth Celebration Flyer
 1 RESOLUTION NO. ________
 2
 3 A RESOLUTION introduced by Councilmember Sylvia Ortiz, granting Randy
 4 Wheat an exception to the provisions of City of Topeka Code
 5 Section 9.45.150, et seq. concerning noise prohibitions.
 6
 7 WHEREAS, City of Topeka Code Section 9.45.150, et seq. makes it

 8 unlawful for any person to make, continue or cause to be made or continued any

 9 loud, unnecessary or unusual noise or any noise which either annoys, disturbs,

10 injures or endangers the comfort, repose, health or safety or others within the

11 limits of the city; and

12 WHEREAS, City of Topeka Code Section 9.45.170, et seq. authorizes the

13 City Council to grant exceptions to the prohibitions of this code section upon

14 request and a showing that the proposed activity does not offend the spirit of the

15 findings of City of Topeka Code Section 9.45.150, et seq.; and

16 WHEREAS, Randy Wheat has requested that he be granted an exception

17 to the provisions of City of Topeka Code Section 9.45.150, et seq. for the

18 purposes, dates and times described herein, and

19 WHEREAS, upon review of the application of Randy Wheat, the

20 Governing Body of the City of Topeka does hereby find that the requested

21 activity does not offend the spirit of the findings of City of Topeka Code Section

22 9.45.150, et seq.

23 NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the

24 City of Topeka that Randy Wheat is hereby granted an exception from the

25 provisions of City of Topeka Code Section 9.45.150, et seq. for amplified music

26 and sound at the Juneteenth Celebration located at 1800 SE 21st Street during
27 the hours of 12:00 p.m. and 10:00 p.m. on June 15, 2024. The event will be held

28 at Hillcrest Community Center.

29 ADOPTED and APPROVED by the Governing Body_______________.
30

31 CITY OF TOPEKA, KANSAS
32
33
34 _______________________
35 Michael A. Padilla, Mayor
36 ATTEST:
37
38
39 _______________________________
40 Brenda Younger, City Clerk
41
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 June 17, 2025


DATE: June 17, 2025
CONTACT PERSON: Councilmember Sylvia DOCUMENT #:
 Ortiz
SECOND PARTY/SUBJECT: Fellowship Hi-Crest, PROJECT #:
 Krissy Kearney
CATEGORY/SUBCATEGORY 020 Resolutions / 005 Miscellaneous
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

RESOLUTION introduced by Councilmember Sylvia Ortiz, granting Fellowship Hi-Crest Church an
exception to the provisions of City of Topeka Code Section 9.45.150, et seq., concerning noise
prohibitions. (Council District No. 3)

(Approval would allow for amplified sound during the hours of 7:00 p.m. and 10:00 p.m. on June 28, 2025, at
455 S.E. Golf Park Blvd.)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
City of Topeka Code Section 9.45.170, et seq., authorizes the City Council to grant noise exceptions. Approval
grants a noise exception to Fellowship Hi-Crest Church for the Summer Fireworks Extravaganza on June 28,
2025.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the resolution as part of the consent agenda.
BACKGROUND:
Krissy Kearney has requested the noise exception due to amplified sound at the event.
BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Not Applicable.

ATTACHMENTS:
Description
Resolution - Noise Exception - Summer Fireworks Extravaganza
 1 RESOLUTION NO.
 2
 3 A RESOLUTION introduced by Councilmember Sylvia Ortiz, granting Fellowship
 4 Hi-Crest Church an exception to the provisions of City of
 Topeka Code Section 9.45.150, et seq. concerning noise
 prohibitions.
 5
 6
 7 WHEREAS, City of Topeka Code Section 9.45.150, et seq. makes it

 8 unlawful for any person to make, continue or cause to be made or continued any

 9 loud, unnecessary or unusual noise or any noise which either annoys, disturbs,

10 injures or endangers the comfort, repose, health or safety or others within the

11 limits of the city; and

12 WHEREAS, City of Topeka Code Section 9.45.170, et seq. authorizes the

13 City Council to grant exceptions to the prohibitions of this code section upon

14 request and a showing that the proposed activity does not offend the spirit of the

15 findings of City of Topeka Code Section 9.45.150, et seq.; and

16 WHEREAS, Krissy Kearney has requested that he be granted an exception

17 to the provisions of City of Topeka Code Section 9.45.150, et seq. for the

18 purposes, dates and times described herein, and

19 WHEREAS, upon review of the application of Fellowship Hi-Crest, the

20 Governing Body of the City of Topeka does hereby find that the requested

21 activity does not offend the spirit of the findings of City of Topeka Code Section

22 9.45.150, et seq.

23 NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the

24 City of Topeka that Fellowship Hi-Crest is hereby granted an exception from the

25 provisions of City of Topeka Code Section 9.45.150, et seq. for amplified music

26 and sound at the Summer Fireworks Extravaganza located at 455 SE Golf Park
27 Blvd during the hours of 7:00 p.m. and 10:00 p.m. on June 28, 2025. The event
28 will be held at Fellowship Hi-Crest Church.
29
30 ADOPTED and APPROVED by the Governing Body .

31 CITY OF TOPEKA, KANSAS
32
33
34
35 Michael A. Padilla, Mayor
36 ATTEST:
37
38
39
40 Brenda Younger, City Clerk
41
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 June 17, 2025


DATE: June 17, 2025
CONTACT PERSON: Councilmember Marcus DOCUMENT #:
 Miller
SECOND PARTY/SUBJECT: David Vincent PROJECT #:
CATEGORY/SUBCATEGORY 020 Resolutions / 005 Miscellaneous
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

RESOLUTION introduced by Councilmember Marcus Miller, granting David Vincent an exception to the
provisions of City of Topeka Code Section 9.45.150, et seq., concerning noise prohibitions. (Council
District No. 6)

(Approval would allow for live bands and amplified music and sound during the hours of 6:00 p.m. and 10:00
p.m. on June 21, 2025, at 1710 S.W. Medford Avenue.)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
City of Topeka Code Section 9.45.170, et seq., authorizes the City Council to grant noise exceptions. Approval
grants a noise exception to Randy Wheat for the Circle Coffee Birthday Party on June 21, 2025.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the resolution as part of the consent agenda.
BACKGROUND:
David Vincent has requested the noise exception due to live bands and amplified music and sound at the event.
BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Not Applicable.
ATTACHMENTS:
Description
Resolution - Noise Exception
 1 RESOLUTION NO. ________
 2
 3 A RESOLUTION introduced by Councilmember Marcus Miller, granting David
 4 Vincent an exception to the provisions of City of Topeka Code
 5 Section 9.45.150, et seq. concerning noise prohibitions.
 6
 7 WHEREAS, City of Topeka Code Section 9.45.150, et seq. makes it

 8 unlawful for any person to make, continue or cause to be made or continued any

 9 loud, unnecessary or unusual noise or any noise which either annoys, disturbs,

10 injures or endangers the comfort, repose, health or safety or others within the

11 limits of the city; and

12 WHEREAS, City of Topeka Code Section 9.45.170, et seq. authorizes the

13 City Council to grant exceptions to the prohibitions of this code section upon

14 request and a showing that the proposed activity does not offend the spirit of the

15 findings of City of Topeka Code Section 9.45.150, et seq.; and

16 WHEREAS, David Vincent has requested that he be granted an exception

17 to the provisions of City of Topeka Code Section 9.45.150, et seq. for the

18 purposes, dates and times described herein, and

19 WHEREAS, upon review of the application of David Vincent, the

20 Governing Body of the City of Topeka does hereby find that the requested

21 activity does not offend the spirit of the findings of City of Topeka Code Section

22 9.45.150, et seq.

23 NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the

24 City of Topeka that David Vincent is hereby granted an exception from the

25 provisions of City of Topeka Code Section 9.45.150, et seq. for amplified music

26 and sound at the Circle Coffee Birthday Party located at 17th & SW Medford
27 during the hours of 5:30 p.m. and 10:00 p.m. on June 21, 2025. The event will be

28 held at 1710 SW Medford Avenue.

29 ADOPTED and APPROVED by the Governing Body_______________.
30

31 CITY OF TOPEKA, KANSAS
32
33
34 _______________________
35 Michael A. Padilla, Mayor
36 ATTEST:
37
38
39 _______________________________
40 Brenda Younger, City Clerk
41
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 June 17, 2025


DATE: June 17, 2025
CONTACT PERSON: Rhiannon Friedman, DOCUMENT #:
 Planning and
 Development Director
SECOND PARTY/SUBJECT: BDC-30th and Topeka, PROJECT #:
 LLC Tax Increment
 Finance District
CATEGORY/SUBCATEGORY
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

RESOLUTION introduced by City Manager Dr. Robert M. Perez, setting the public hearing for
consideration of the adoption of the Topeka Tax Increment Financing District (TIF) Project Plan (30th &
Topeka, Inc.) at the Northeast quadrant of Topeka Boulevard and 30th Street in the Topeka
Redevelopment District.

Voting Requirement: Action requires at least six (6) votes of the Governing Body.

(Approval would set a Public Hearing Date of August 12, 2025, to consider the adoption of the Project Plan.)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to set a public hearing for consideration of the adoption of the Topeka Tax Increment Financing District
(TIF) Project Plan (30th and Topeka, Inc.) at the Northeast quadrant of Topeka Boulevard and 30th Street in the
Topeka Redevelopment District.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the resolution.
BACKGROUND:
On June 10, 2025, the Governing Body will consider setting a public hearing for the creation of a TIF District at
the Northeast quadrant of Topeka Boulevard and 30th Street in the Topeka Redevelopment District. Following
a determination by the Planning Commission that the Topeka Tax Increment Financing District Project Plan
proposed by BDC-30th and Topeka, LLC (the “Project Plan”) is consistent with the intent of the City’s
Comprehensive Plan, the Governing Body must hold a public hearing, pursuant to K.S.A. 12-1772, on the
advisability of adopting the Project Plan.
BUDGETARY IMPACT:
SOURCE OF FUNDING:

ATTACHMENTS:
Description
Resolution - Setting the public hearing for consideration of adoption of the Project Plan
REVISED BDC-30th and Topeka TIF Application (June 2025)
Planning Commission Resolution No. 1-2025 (June 16, 2025)
BDC-30th and Topeka TIF Project Plan Financial Analysis (April 2025)
City TIF Policy Resolution 9626
 1 (Published in the Topeka Metro News on _________)
 2
 3 RESOLUTION NO.
 4
 5 RESOLUTION introduced by City Manager Dr. Robert M. Perez, setting the public
 6 hearing for consideration of the adoption of the Topeka Tax
 7 Increment Financing District (TIF) Project Plan (30th & Topeka, Inc.)
 8 at the Northeast quadrant of Topeka Boulevard and 30th Street in
 9 the Topeka Redevelopment District.
10 BE IT RESOLVED by the Governing Body that, as the Planning Commission has

11 determined that the Topeka Tax Increment Financing District Project Plan proposed by

12 BDC-30th & Topeka, LLC (the “Project Plan”) is consistent with the intent of the City’s

13 Comprehensive Plan, the Governing Body will hold a public hearing, pursuant to K.S.A.

14 12-1772, on the advisability of adopting the Project Plan.

15 BE IT FURTHER RESOLVED that the City Clerk shall do the following:

16 (1) Deliver a copy of the Project Plan to the Shawnee County Board of County

17 Commissioners and the Unified School District 501 Board of Education;

18 (2) Publish this Resolution in the official City newspaper not less than one week

19 nor more than two weeks preceding the date fixed for the public hearing;

20 (3) Mail a copy of this Resolution by certified mail, return receipt requested, to

21 the Shawnee County Board of Commissioners and Unified School District 501 Board of

22 Education; and

23 (4) Mail a copy of this Resolution by certified mail, return receipt requested, to

24 each owner and occupant of land within the proposed redevelopment project area not

25 more than 10 days following the date of adoption of this Resolution.

26 NOTICE OF PUBLIC HEARING

27 Notice is hereby given that the Governing Body will meet for the purpose of holding


RES / 30TH & Topeka Blvd – TIF Project Plan
June 2, 2025
28 a public hearing as provided by K.S.A. 12-1772 in the City Council Chambers, 214 SE 8th

29 St., Topeka, Kansas, at 6:00 p.m. on August 12, 2025, to consider the advisability of

30 adopting a Redevelopment Project Plan in the proposed 30th & Topeka Boulevard Tax

31 Increment Financing Redevelopment District (the “District”).

32 (1) Boundaries of the District. The boundaries of the proposed District, which is

33 scheduled for public hearing on July 15, 2025, are MEADOW ACRES COURT, S18, T12,

34 R16, Lot 1, LOT 1 LESS S 4.5 MEADOW ACRES COURT SUB SECTION 18 TOWNSHIP

35 12 RANGE 16.

36 (2) Boundaries of the Proposed Project Area. The boundaries of the project

37 area proposed for the Project Plan match the boundaries for the proposed District.

38 (3) Project Plan, Summary of Feasibility Study, Financial Guarantee of

39 Prospective Developer, Description and Map. The Project Plan, including a summary of

40 the feasibility study, financial guarantees of the prospective developer, map and

41 description of the area to be redeveloped are available for inspection at the office of the

42 City Clerk on Monday through Friday, except holidays, during regular business hours from

43 8:00 a.m. to 5:00 p.m.

44 (4) Adoption of Project Plan. The Governing Body may, upon conclusion of the

45 public hearing or at a subsequent meeting, pass an ordinance by two-thirds (2/3) majority

46 of the Governing Body, adopting the proposed Project Plan.

47 [Remainder of Page Intentionally Left Blank]
48
49
50
51
52
53


RES / 30TH & Topeka Blvd – TIF Project Plan
June 2, 2025
54 ADOPTED and APPROVED by the Governing Body June 17, 2025.

55 CITY OF TOPEKA, KANSAS
56
57
58 ______________________________
59 Michael A. Padilla, Mayor
60 ATTEST:
61
62
63 __________________________________
64 Brenda Younger, City Clerk




RES / 30TH & Topeka Blvd – TIF Project Plan
June 2, 2025
Revised
City of Topeka, Kansas
BDC-30th & Topeka Tax Increment Financing District
Project Plan | BDC - 30th &Topeka, LLC (Batis Development)

Financial Analysis | April 2025
Columbia Capital Management, LLC
6700 Antioch Rd, Suite 250
Merriam, Kansas 66204
913.312.8077


Jeff White
Managing Member
jwhite@columbiacapital.com




Columbia Capital is an SEC-
registered investment adviser and a
registered municipal  advisor.
Columbia Capital provides advice as
a fiduciary to its clients.
INTRODUCTION
BDC - 30th & Topeka, LLC, a Kansas limited liability company (the “Developer”) and a
wholly-owned subsidiary of Batis Development Company, a Kansas corporation, submitted
its proposal for tax increment financing (the “Plan”) to the City of Topeka, Kansas (the
“City”) for consideration. The Plan is part of the BDC-30th & Topeka tax increment
financing district (the “District”). The Plan would result in the redevelopment of
approximately 2.66 acres at the northeast corner of 30th St. and Topeka Boulevard to permit
construction of two quick-service restaurants and a building for retail use, collectively
comprising approximately 9,800 sf of newly constructed commercial space (the “Project”).
The Developer is in good standing as of April 20, 2025, according to the records of the
Kansas Secretary of State.

The purpose of this financial analysis (the “Analysis”) is to satisfy the requirements of
Kansas statutes related to the development of tax increment financing project (KSA 12-1770
et seq.) and the City’s tax increment financing policy and procedures.

Tax increment financing (TIF) is a tool that allows a city to identify a defined geographic
area within which certain taxes, including ad valorem property taxes, sales taxes and other
revenues, may be captured for a period of limited duration and redirected to the payment or
reimbursement of certain eligible project costs.

In Kansas, TIF is limited to a 20-year duration from the effective date of a project plan,
capturing incremental property taxes (i.e., those net new taxes created by the development
above base year levels) plus other taxes pledged by the City for capture at its discretion,
including but not limited to sales taxes and other locally-levied taxes and fees.

The Plan contemplates the capture of 100% of incremental ad valorem property taxes for the
full 20 years permitted by statute and capture of one-cent of the City’s sales tax. In addition
to the TIF benefits contemplated by the Plan, the Developer has petitioned the City for a
one (1) percent incremental sales tax overlay for up to 22 years following the effective date
using the statutory community improvement district (CID) mechanism.

 1
The Developer reports a $15.04 million total development cost budget for the Project, with
approximately $4.94 million ultimately paid by the Developer (the “Developer Project
Costs”). The Developer plans to develop one restaurant pad and the retail pad to shovel-
ready status, selling those for vertical development by third parties, while constructing and
owning the second restaurant itself. The Developer estimates its eligible TIF and CID
reimbursable costs, combined, to be approximately $2.69 million, or about 54% of the
Developer Project Costs.

RELATIONSHIPS
Columbia Capital Management, LLC (the “Financial Advisor”) is a registered municipal
advisor and serves as the City’s financial advisor. The City engaged the Financial Advisor to
provide a financial evaluation of the Plan and to make certain statutory findings. The
Financial Advisor is not now, nor has ever been, engaged by the Developer or its related
entities to provide it with similar services.

The Financial Advisor serves as a fiduciary to the City. The reader’s interests may vary from
those of the City’s.

RELIANCE
This Analysis is not a projection of the likelihood of success of the project proposed in the
Plan and as described more fully herein. In preparing this analysis, the Financial Advisor
relied upon certain data and information supplied to it by the Developer, contained both in
the Plan, delivered to the City and provided to it separately.

Except where noted herein, the Financial Advisor has relied upon this data and information
without independently verifying the veracity or reliability of such information. The Analysis
may not be used, except in the context of the City of Topeka’s review of the Developer’s
request for TIF and CID incentives. The Analysis assumes all components of the Project are
developed as described herein.

As with any work of this kind, the Analysis is almost exclusively forward-looking. The
reader should note that small changes in modeling inputs could have significant impacts on
modeled financial outcomes. The reader must consider this Analysis in light of contractual
arrangements that the City would expect to undertake with the Developer to formalize the
development components of the Plan and their anticipated timing for completion.

THE PROJECT
According to the Plan, the Project will result in the demolition of existing structures, the
preparation of the site and the construction of new structures as described below.

Quick Service Restaurants
Developer-Owned. The Developer intends to demolish and prepare a pad site along Topeka
Blvd. for the construction of one approximately 2,443 sf quick-service restaurant (“QSR”) to
be owned by the Developer and operated by a third-party.


 2
Pad Development. Further, the Developer intends to prepare a pad site along Topeka Blvd. to
be sold to and constructed by a third party as an approximately 2,600 sf QSR.

Retail
The Developer intends to prepare a pad site for the third-party ownership and construction
by a third-party of an approximately 4,760 sf retail building.

Related Costs
The Developer expects to incur related costs, include property acquisition, site preparation
(including demolition of existing structures), the construction of infrastructure, landscaping,
building improvements, signage, and streetscape improvements.

Readiness
The Developer reports its expectation to have a letter of intent in place soon (expected to
occur on or after May 1, 2025) with the QSR to be owned by the Developer. The Developer
reports that it has not yet identified potential purchasers of the second QSR pad or the retail
pad.

DEVELOPMENT BUDGET AND DEVELOPER PROJECT COST
The total development cost reflected in the Plan is as follows, including costs incurred by
third-parties:

 TOTAL DEVELOPMENT COST TOTAL BUDGET TIF ELIGIBLE CID ELIGIBLE
 Acquisition & Site Preparation
 Land Acquisition $ 1,300,000 $ 39,570 $ 541,601
 Site Work Improvements 3,765,365 1,881,481 226,640

 Vertical Construction
 Vertical Building Construction 4,042,230 — —

 Soft Costs
 Architecture/Engineering 744,850 — —
 Other Soft Costs 341,000 — —

 Other
 Landscape/Contingency/Other 1,692,954 — —
 Furniture, Fixtures & Equipment 3,150,000 — —
 TOTALS $ 15,036,399 $ 1,921,051 $ 768,241

Of the total development cost, a significant portion of costs will ultimately be borne by third-
parties. The remaining Developer Project Cost reflected in the Plan is expected to be as
follows:

 DEVELOPER PROJECT COST TOTAL BUDGET TIF ELIGIBLE CID ELIGIBLE
 Acquisition & Site Preparation
 Land Acquisition $ 1,300,000 $ 39,570 $ 541,601
 Site Work Improvements 2,108,121 1,881,481 226,640


 3
 DEVELOPER PROJECT COST TOTAL BUDGET TIF ELIGIBLE CID ELIGIBLE
 Vertical Construction
 Vertical Building Construction 1,299,374 — —

 Soft Costs
 Architecture/Engineering 329,850 — —
 Other Soft Costs 229,500 — —

 Other
 Landscape/Contingency/Other 808,449 — —
 Furniture, Fixtures & Equipment — — —
 Subtotals $ 6,075,294 $ 1,921,051 $ 768,241
 Less: Pad Site Sales (1,128,000) — —
 TOTALS $4,947,294 $ 1,921,051 $ 768,241

CAPITAL STACK
The Developer’s financial modeling relies on an assumption of a capital stack comprised of
both debt and equity, plus funds from third parties, applied against total development costs:

  SOURCES OF FUNDS Developer Others TOTAL
 Bank Debt $ 4,246,000 n/a $ 4,246,000
 Seller Note 800,000 n/a 800,000
 Equity 1,029,294 8,961,105 1,029,294
 INITIAL SOURCES $ 6,075,294 $ 8,961,105 $ 15,036,399
 Less: Pad Site Sales (1,128,000) — (1,128,000)
 ULTIMATE SOURCES $4,947,294 $ 8,961,105 $ 13,908,399

Developer expects to sell the pad sites early in the development, reducing its net investment
from approximately $6.1 million to approximately $4.9 million.

Because both the Plan and the companion Developer petition to create the CID contemplate
pay-as-you-go structures, the Developer will be required to make available 100% of the
capital stack for the Developer Project Cost prior to or during construction of the Project.
TIF and CID incentives will only become available once the Project is constructed and
leased. Developer reports its intention to retain the benefit of the TIF and CID incentives for
itself and not to pass any benefits associated with those along to the third-party
owner/operators of one of the QSRs and the retail use.

We expect the Developer’s lender underwriting will rely on the City’s determination of
whether TIF and/or CID benefits should be conferred to the Project and to include both
loan-to-value and debt service coverage ratio limitations which may impact the Developer’s
ability to secure the full $4.2 million senior loan anticipated.

EVALUATING THE APPROPRIATENESS OF INCENTIVES
The City’s ultimate desire for any commercial property is that it be developed to its highest
and best use. An efficiently used site will maximize the City’s future tax receipts from the
Project and will provide the Topeka community with access to amenities and experiences
that might not be available in the community today. Without development impediments, a
 4
private developer would be willing to produce such an outcome without public subsidy in
the project.

Philosophical Approach. Most modern urban redevelopment suffers from challenges that
increase project costs and reduce investor returns versus similar projects on greenfield sites.
Demolition and site preparation, environmental remediation, new or revitalized public
utilities, parking and transportation infrastructure improvements are the common drivers of
these higher costs. Philosophically, cities desire to “level the playing field” between more
expensive infill sites and less costly “greenfield” sites (undeveloped properties) through the
payment of incentives to infill developers. Cities desire to provide incentives that will
equalize the profitability of an infill site and a greenfield site. The challenge for all cities is
the asymmetry of information available to assess what, exactly, is this “perfect” level of
incentive. Developers often have a desired minimum amount of incentives in mind, but
cities are forced to guess this number. The key risk for a city in this challenging dance is that
it ends up over-incentivizing the infill project by agreeing to pay the developer a subsidy
amount higher than the developer would have accepted to move forward with the project.

“But-For” Test. Although Kansas has no comparable statutory requirement for either CID
or TIF, the City maintains a policy requirement that an incentives grant meet the so-called
“but-for” test. The but-for test is simple in theory: but-for the presence of the incentives, the
project would not proceed. As described above, urban infill development faces significant
barriers to attracting private capital versus less costly, more certain greenfield developments.

In practice, the but-for test is challenging to apply. The City does not know the intentions of
the Developer and the Developer has an incentive (and depending on its corporate structure,
potentially a duty) to maximize its return from the investment in a project. We understand
through conversation with the Developer that the incentives requested are a necessary
precondition to its development of the Project. While it is fairly easy to recognize that
conditions at the Project’s current site will require significant investment to make the site
attractive to development, it is more challenging to quantify how much incentive is
necessary to level the playing field with the cost of developing the Project at another site.

The but-for calculation generally relies on a comparison of a developer’s return on
investment, both with and without incentives, against market rates of return for similar
projects. These types of analyses are blunt instruments, at best. Legitimate debates persist
about calculation inputs, cashflow discounting rates and calculation mechanics at the end of
the analysis period. Additionally, these analyses are often performed using concept plan-
level project cost information, generic assumptions about sources of project income (lease
rates, property sale proceeds) and speculative estimates of potential drivers of new tax
revenues (retail sales per square foot, post-construction assessed valuation, construction
completion timing). The result is that the developer and the city providing the incentives can
draw very different conclusions from the same set of analytical inputs.

QUANTIFICATION OF INCENTIVES REQUESTED
In order to assess the value to the Developer of the incentives requested, it is important first
to try to quantify their value. All financial projections suffer from a very fuzzy crystal ball.

 5
The potential end-of-life of the incentives requested for the Project is more than 20 years
from now. (The CID potentially extends 22 years from its commencement date.) This
uncertainty falls mostly to the Developer—that is the reason it demands a rate of return on
the Project that substantially exceeds a “risk free” rate of return. It is also one of the reasons
why mixed-use developments have become so popular: a project including assets which
have more predictable performance and value over time (such as multi-family housing)
provides a less-risky overall development than one focused solely on retail.

The City is also at risk, however, in this transaction. By granting incentives, it is making an
affirmative decision to cause a project to develop at this site that the market itself will not
support. Further, it agrees to continue to support that project financially for more than two
decades. If another, better use for this site emerges five or ten years from now, the City will
not be able to revisit its decision of 2025. There is an opportunity cost to the City to forgo
the property and sales taxes from the Project for nearly a generation. Additionally, each
time the City grants incentives to a project it creates precedent for future projects. The City’s
prudent use of incentives here will provide a foundation for future development incentives
requests from other developers.

APPROPRIATENESS OF THE INCENTIVES GRANT
As described above, the City’s interest (presuming it desires to see the Developer construct
the Project) is to provide just enough incentive to cause the Developer to proceed with the
Project—but not a penny more. Where the parties have diametrically opposing interests
(the Developer wants to maximize its incentives grant while the City wants to pay none), we
look to calculate the Project’s internal rate of return (“IRR”) with and without incentives,
and then compares those rates with what we believe represents market rates of return for
similar projects.

Based upon third-party reports published by real estate companies, the “capitalization rate”
for similar retail-oriented projects in the region ranges from 8.00% to 8.25%. During 2024,
the Kansas City metropolitan area tended to see capitalization rates toward the high end of
the range. We use 8.5%, in our analysis, reflecting the stand-alone nature of Topeka’s
economy. The capitalization rate or cap rate—an indicator of value relative to stabilized
NOI—is a commonly used metric of real estate pricing. Cap rate is a measure of property
value per dollar of current net income. Cap rate is useful as a basic valuation measure so an
investor can see how a specific project’s valuation compares to other, similar projects. IRR
is similar to the concept of “net present value,” and captures the rate of return earned on an
investment during a specific time frame, assuming a reinvestment of cash flows at the same
return rate. As a result, we can use the cap rate as a proxy for the market rate of return
required to induce the Developer to invest in the Project versus another development
elsewhere.

APPROACH
The Developer’s intention is to serve as horizontal developer only for two of the pad sites,
owning and contracting for operation of the third. The Developer reports its intention to
retain the full benefit of any incentives for itself. For our calculations, we include the
Developer’s “bridging” cost of interest to cover the two for-sale pad sites from pad-ready

 6
development to ownership transfer to a third-party in both the unleveraged and leveraged
approaches.

The table below summarizes the output of our models. Consistent with convention for real
estate transactions, our IRR calculation is a ten-year analysis assuming a hypothetical sale
of the Project at the end of the tenth year. The purpose of the hypothetical sale is to include
the enterprise value of the asset in the IRR calculation; we include this value whether or not
a specific developer has a current intention of selling the asset.

For incentivized IRR calculations, we also assume the Developer is able to monetize at the
end of the tenth year the remaining incentive entitlements over the permitted life of those
entitlements.

As shown in the summary, even with incentives we forecast below-market returns for the
Project (4.7% with incentives versus an estimated 8.5% market rate).


 CITY OF TOPEKA
 30th/Topeka (Batis) TIF & CID Projects

 Version: 30th-Topeka (Batis) IRR Model-v1-030925.xlsx
 Last Updated: 4/21/25 17:36


 PRO FORMA RATE OF RETURN ANALYSIS
 BASE SCENARIO PROJECT EQUITY
 (No Incentives) RATE OF RETURN RATE OF RETURN

 Calculated Rate of Return -2.21% n/a
 Market Rate of Return 8.50% 15-20%

 INCENTIVIZED SCENARIO PROJECT EQUITY
 (TIF+CID) RATE OF RETURN RATE OF RETURN

 Calculated Rate of Return 4.69% -0.97%
 Market Rate of Return 8.50% 15-20%

 • Project Rate of Return allows us to compare the projected financial performance
 of the redevelopment itself to other similar projects in the region to
 determine whether the fundamentals of the project are consistent with market
 expectations and, thus, would attract capital to the project

 • Equity Rate of Return allows us to evaluate the projected financial return to the
 developer on the project as measured by the return on the developer's equity
 over the holding period. The reversion amount is a measure of the net cash
 released to the developer at the end of the holding period, after repayment of
 any loans outstanding.




 7
Given our IRR calculations, it is the opinion of Columbia Capital that the requested
incentives are required for the Project to develop as proposed by the Developer. The Project,
thus, meets the but-for test.

RECOMMENDATIONS
Given the very significant amount of public investment requested for the Project in
comparison to the Developer Project Cost, we encourage the City to consider adding the
following requirements to a development agreement:

• requiring proof of a binding credit commitment from a senior lender showing a loan
 amount of not less than $4,246,000

• requiring proof of a binding lease commitment from a QSR operator for the parcel
 the Developer will continue to own before the development agreement becomes
 effective

• requiring letters of intent for the pad sites to be sold before the City commences
 reimbursement of TIF/CID eligible costs and providing for a hard outside date for
 the Developer to secure these commitments

• limiting the TIF eligible costs and CID eligible costs to those amounts identified
 above and in the Developer’s application materials ($1,921,051 and $768,241,
 respectively)

• requiring the Developer to disclose to the City evidence of the pad sale amounts and
 imposing incentives clawbacks if the sale amounts materially exceed those estimated
 in the application materials

STATUTORY FINDINGS
Based upon our review of the information provided by the Developer in the Plan, as
supplemented with more detailed information provided to City staff and to us, we find the
following:

• the total development costs of the Project are $15,036,399

• this total development cost will be initially paid through a combination of debt
 (approximately $5,046,000) and Developer equity (approximately $1,018,794), with
 the balance (approximately $8,971,605) contributed by third-parties

• the Developer will bridge the benefit of the incentives with debt and equity as the
 incentives will be paid over time as TIF increment and CID receipts are generated

• the Developer’s projected net operating income from the Project at stabilization plus
 its projected incentives grant in such year exceed its expected costs of servicing the
 debt in that year and each subsequent year


 8
As such, the Plan’s benefits and TIF revenue and other available revenues under subsection
(a)(1) of K.S.A. 12-1774, and amendments thereto, are expected to exceed or be sufficient to
pay for the Plan’s project costs. The Plan will have no effect on any outstanding special
obligation bonds payable from the revenues described in K.S.A. 12-1774(a)(1)(D), and
amendments thereto.




 9
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 June 17, 2025


DATE: June 17, 2025
CONTACT PERSON: Mary Kuckelman DOCUMENT #:
 Spinelli, Senior City
 Attorney
SECOND PARTY/SUBJECT: Citizen Government PROJECT #:
 Review Committee
 Recommendations 2025
CATEGORY/SUBCATEGORY 006 Communication / 003 Requests
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

RECEIPT of 2025 Citizens Government Review Committee Recommendations.

(The Committee was tasked to study and review the form of government and make recommendations.)

VOTING REQUIREMENTS:
No action is required by the Governing Body to acknowledge receipt of the recommendations. The governing
body can adopt all, some, or none of the Committee's recommendations.
POLICY ISSUE:
Topeka Municipal Code Chapter 2.13 requires the governing body to impanel a committee of five electors every
10 years to review the City's form of government. The governing body can adopt all, some, or none of the
Committee's recommendations.
STAFF RECOMMENDATION:
Staff is making no recommendation.
BACKGROUND:
Chapter 2.13 of the Topeka Municipal Code requires the governing body to impanel a committee of five electors
every 10 years to review the City's form of government.

Pursuant to Resolution No. 9600 the Citizens Government Review Committee was impaneled in January of 2025.
The Committee was comprised of Brian Broxterman, Constance (Connie) Jacobson (Vice Chair), Jim Kaup
(Chair), Shampayne Lloyd, Tamara Martin, and Zachary Surritt (Alternate). Committee meetings were held on
January 29, February 5, February 19, March 5, March 26, April 9, April 23, May 7, May 21, June 4 and June
11, 2025. All meetings were open to the public and the opportunity for public input was available at all meetings.
View the Committee website, agenda meeting packets, meeting minutes and meeting videos online
at www.topeka.org/bccc/citizens government-review-committee.

The Committee will present their final report to the Governing Body on June 17, 2025. Final Committee
Recommendations relate to the topics listed below:

 1. Retain the Current Form of Government.
 2. Elections, Terms and City Council Districts
 3. Follow-up Mechanism for Committees/Boards/Commissions
 4. Interlocal Cooperation
 5. Establish the Office of City Auditor
 6. Composition of the Review Committee
 7. Roles and Ethics of Governing Body Members
BUDGETARY IMPACT:
Budgetary impact would vary based on the recommendation.
SOURCE OF FUNDING:
Not Applicable.

ATTACHMENTS:
Description
2025 CGR Committee Presentation
2025 Citizen Government Review Committee Report
Resolution No. 9600 (December 10, 2024)
Citizen’s Government
 Review Committee
 June 17, 2025
 Presentation of Findings and Recommendations
Introduction
Purpose of the CGRC 3


The City of Topeka Governing Body approved Resolution No. 9600, convening the Committee and
appointing five (5) individuals and one (1) alternate member to serve on the Committee with full
participation in meetings in the event one of the five voting members is unable to complete the term of
service. The Committee shall meet between January and June of 2025 and shall submit its
recommendations to the Governing Body within six months of appointment. As required by TMC
2.210.050, the report format shall include, but not be limited to areas of concern, general findings
relative to those concerns, and recommendations for alleviating concerns or problems. The Committee
may, at its pleasure, recruit the assistance of other citizens, scholars in the field, or professional
municipal managers for participation on an ad hoc basis. The Committee shall provide the opportunity
for public input at least once during the process prior to the final report being completed.
2025 CGRC Members 4



• Jim Kaup, Chair

• Connie Jacobson, Vice Chair

• Brian Broxterman

• Shampayne Lloyd

• Tamara Martin

• Zachary Surritt, Alternate
 Findings
 &
Recommendations
Findings & Recommendations 6



Government Structure:

• RECOMMENDATION: The Committee recommends taking no
 action regarding changes to the Council-Manager form of
 government.
Findings & Recommendations 7


Elections, Terms, and Representation:
RECOMMENDATIONS:
• The Committee recommends taking no action regarding the number of
 Council members.
• The Committee recommends taking no action regarding the method of
 election and terms of the Governing Body.
• The Committee does recommend acting regarding the structure and
 considerations of the Redistricting commission. It is recommended that the
 commission adds a tenth member, appointed by the Administrative
 Judge of the Topeka Municipal Court, who shall serve as the chair of the
 commission. The Committee also recommends amending the City’s
 charter to state that any new council district lines are not made with the
 consideration of incumbent council members’ home addresses.
Findings & Recommendations 8



Follow Up Procedures:

• RECOMMENDATION: The Committee recommends a formal
 follow-up mechanism for Committee/Board/Commission
 recommendations.
Findings & Recommendations 9


Inter-Local Cooperation:
RECOMMENDATIONS:
• The Committee recommends the Governing Body and Shawnee
 County Board of County Commissioners (BOCC) hold joint meetings
 on a regular basis to consider matters of mutual concern.
• The Committee recommends the Governing Body research the
 Secretary of State’s records to identify programs and services the
 City has not previously considered.
• The Committee recommends the Governing Body, working with
 BOCC, create a joint City-County body, similar to the Joint Economic
 Development Organization (JEDO), to identify areas where
 cooperation with other local units of government can result in
 efficiencies and economies.
Findings & Recommendations 10



City Auditor:

• RECOMMENDATION: The Committee recommends changing
 the City charter to create the office of the City Auditor, who
 will be appointed by the City Council, and serve at the
 pleasure of the City Council.
Findings & Recommendations 11



Citizen’s Government Review Commission:

• RECOMMENDATION: The Committee recommends no change
 in the timeline of reviewing the form of government every 10
 years. The Committee recommends changing the
 composition from 5 members to 10 members, one member
 from each council district who resides in that district and is
 appointed by the councilmember for that district and the
 tenth member appointed by the Mayor
Findings & Recommendations 12



Roles and Ethics of Governing Body Members:

• RECOMMENDATION: The Committee recommends requiring a
 signature to acknowledge receipt and understanding of
 codes of ethics and practices with yearly reviews to refresh
 current councilmembers with future review and possibilities of
 forming an ethics committee.
Conclusion
Questions
 &
Discussion
 2025
Citizen Government Review
 Committee Report



 June 17, 2025
TABLE OF CONTENTS
SECTION 1: INTRODUCTION………………………………………………………3
SECTION 2: SUMMARY OF RECOMMENDATIONS
 1. City Manager Form of Government………………………….………………5
 2. Elections, Terms and Representation…………………………….…………..5
 3. Follow-Up Procedures……………………………………………………….5
 4. Interlocal Cooperation……………………………………………………….6
 5. City Auditor ………………………………….…………………..………….6
 6. Citizens Government Review Committee Size/Appointment………...……..6
 7. Code of Ethics Misconduct and Practice Violations….………….…..….…..7
SECTION 3: EXPLANATORY STATEMENTS
 1. City Manager Form of Government………………………………………….8
 2. Elections, Terms and Representation………………………………………..10
 3. Follow-Up Procedures……………………………..………………………...13
 4. Interlocal Cooperation……………………………………..………………...15
 5. City Auditor ………………………………….…………..……..…………...17
 6. Citizens Government Review Committee Size/Appointment……………….19
 7. Code of Ethics Misconduct and Practice Violations….………….………….20
SECTION 4: CONCLUSION………………………………………………………….21




2025 CGRC Report Recommendations – Page 2
________________________________________________
SECTION 1: INTRODUCTION

To Mayor, City Council, City Staff and Attendees:

First, the Citizens Government Review Committee would like to thank the support of the
Governing Body and City Staff, without it we would not have been able to function as smoothly.
We would like to thank everyone who took the time to present and share their insights with the
Citizens Government Review Committee.

The Citizens Government Review Committee (Committee) consists of the following members:
Brian Broxterman, Connie Jacobson, Jim Kaup, Shampayne Lloyd, Tamara Martin and Zachary
Surritt.

The Committee was formed to study and review the form of government of the City of Topeka
and make recommendations to the City’s Governing Body for amendment or modification.

Topeka Municipal Code Chapter 2.210 requires the Committee to meet at least every 10 years,
with the last review in 2014. Committee meetings were held on the following dates: February 5
and 19, March 5 and 26, April 9 and 26, May 7 and 21, and June 4 and 11, 2025. All meetings
gave the public an opportunity to provide input and were announced on the City’s website, social
media outlets and local TV broadcast channels. Written comments were submitted and considered
by the Committee. Final recommendations were submitted to the Governing Body on June 17,
2025.

The Committee’s report contains the details and a brief explanation of each recommendation.
Committee agendas, minutes and meeting videos are on file in the City Clerk’s Office, located at
215 SE 7th Street, Room 166, Topeka, Kansas, 66603, and can be viewed online at
https://www.topeka.org/bccc/citizens-government-review-committee.

The Committee heard from several individuals and groups in the city, and we thank each and every
one for their input. We have heard from the following in chronological order:

 • Jim Reardon, 2014 Citizens Government Review Committee Chair, Attorney & former
 City Councilmember
 • Hannes Zacharias, Professor of Practice, University of Kansas School of Public Affairs &
 Administration
 • Councilmember Karen Hiller and Councilmember Spencer Duncan
 • Dr. Robert M. Perez, City Manager
 • Monique Glaude, City of Topeka Director of Inclusive Communities
 • Mayor Michael Padilla
2025 CGRC Report Recommendations – Page 3
 • Juliet Abdel, Greater Topeka Chamber of Commerce
 • Topeka Justice Unity & Ministry Project (JUMP) members Sarah Balzer and Minister
 Melodene Byrd of El Shaddai Ministries; and Reverend K.O. NooNoo of Westminster
 Presbyterian Church
 • Councilmember Marcus Miller
 • Vicki Arnett, League of Women Voters Topeka-Shawnee County
 • Bill Fiander, Lecturer, Washburn University
 • Douglas Jones, Johnson County, Kansas, Auditor




2025 CGRC Report Recommendations – Page 4
____________________________________________________
SECTION 2: SUMMARY OF RECOMMENDATIONS

In addition, the Committee heard from citizens by email and attended meetings in person. The
Committee appreciates everyone’s input. After discussion and listening to the comments made in
our meetings, the Committee makes the following recommendations with a brief summary to the
Governing Body.

1. CITY MANAGER FORM OF GOVERNMENT

 RECOMMENDATION: The Committee recommends taking no action regarding changes to
 the Council-Manager form of government. It is noted that the Committee heard criticism
 related to the turnover in the City Manager position, i.e. the City’s failure to follow-up on
 actions recommended in City-commissioned studies, from civic groups, and from citizens.
 This contributes to some level of public frustration and a sense that accountability is not
 consistently demonstrated. While it is too soon to give a grade to the current city manager, the
 comments received showed confidence that he would provide the stability and continuity the
 community needs.

2. ELECTIONS, TERMS AND REPRESENTATION

 RECOMMENDATION: The Committee recommends taking no action regarding the number
 of Councilmembers and no action regarding the method of election and terms of the Governing
 Body. The Committee does recommend acting regarding the structure and considerations of
 the Redistricting commission. It is recommended that the members of the commission are not
 chosen only by Councilmembers to avoid conflicts of interest. It is also recommended that the
 commission remain at nine members, but with the addition of a tenth member appointed by the
 Administrative Judge of the Topeka Municipal Court who shall serve as the chair of the
 commission. The Committee also recommends that it is written in the City’s charter that when
 the redistricting commission makes its own recommendation to the Governing Body, the new
 council district lines are not made with the consideration of incumbent council members’ home
 addresses.

3. FOLLOW-UP PROCEDURES

 RECOMMENDATION: The Committee recommends a formal follow-up mechanism for
 Committee/Board/Commission recommendations. The Committee recommends the
 Governing Body and Staff collect and categorize correspondence to ensure timely
 documentation and categorize feedback. To designate responsible parties to ensure clear
 ownership and set deadlines for feedback on correspondence. To create an action plan of
 development that prioritizes feedback, by identifying if the correspondence is a critical issue
 or medium importance or low importance and create a corresponding action plan. To complete
2025 CGRC Report Recommendations – Page 5
 regular progress updates in the form of status reports to ensure transparency. To hold follow-
 up meetings/check-ins that include scheduled reviews and to encourage continuous
 feedback. Evaluate feedback to determine effectiveness and lessons learned. To complete a
 final report and acknowledge contributions of the Governing Body/Staff members. This will
 be a final summary to be shared with the Governing Body. To use automated tools such as task
 management software to track feedback and automate reminders and deadlines.

4. INTERLOCAL COOPERATION

 RECOMMENDATION: The Committee recommends the Governing Body and Shawnee
 County Board of County Commissioners (BOCC) conduct joint meetings on a regular basis to
 consider matters of mutual concern, including review of existing interlocal agreements, to
 research the Secretary of State’s records to identify programs and services the City has not
 previously considered, the Governing Body, working with BOCC, create a joint City-County
 body, similar to the Joint Economic Development Organization (JEDO), to identify areas
 where cooperation with other local units of government can result in efficiencies and
 economies. That body would make recommendations to the Governing Body and the BOCC
 for those matters of highest priority, with timelines for the necessary actions to reach desired
 outcomes. Interlocal agreements would be used to provide a degree of certainty, and longevity,
 to any agreed-to cooperative measures. To help ensure that the recommended actions of the
 body are given proper consideration, annual reports on the status of interlocal agreements
 would be given to the Governing Body by the City Manager or the proposed City Auditor.

5. CITY AUDITOR

 RECOMMENDATION: The Committee recommends changing the City charter to create the
 office of the City Auditor, who will be appointed by the Governing Body and serve at the
 pleasure of the Governing Body. An Audit Committee of the Council will provide direction
 to the City Auditor. The City Auditor will perform both performance and financial audits. The
 recommendation is for the Governing Body to utilize readily- available and professional
 resources, and to talk with other cities, to identify the best set of duties the auditor should
 fulfill. An auditor appointed by the Governing Body to advise the Council, Mayor and the City
 Manager, is the auditor position the Committee envisions.


6. CITIZENS GOVERNMENT REVIEW COMMITTEE SIZE/APPOINTMENT

 RECOMMENDATION: The Committee recommends no change in the timeline of reviewing
 the form of government every 10 years. The Committee recommends changing the
 composition from 5 members to 10 members, one member from each council district who
 resides in that district and is appointed by the councilmember for that district and the tenth
 member appointed by the Mayor.


2025 CGRC Report Recommendations – Page 6
7. CODE OF ETHICS MISCONDUCT AND PRACTICE VIOLATIONS

 RECOMMENDATION: The Committee heard credible testimony that, at least in the recent
 past, there have been violations of Sec. A2-28(c) of the Charter-the provision prohibiting
 councilmembers from "dealing" with officers and employees under the city manager's
 supervision. The Committee recommends requiring a signature to acknowledge receipt and
 understanding of codes of ethics and practices with yearly reviews to refresh current
 councilmembers with future review and possibilities of forming an ethics committee.




2025 CGRC Report Recommendations – Page 7
____________________________________________________
SECTION 3: EXPLANATORY STATEMENTS


1. CITY MANAGER FORM OF GOVERNMENT

The City of Topeka’s Charter lays out the form of government that the city will operate under and
what positions make up the Governing Body. Currently, the City of Topeka operates under a
council-manager form of government since it was adopted in 2004. The governing body is made
up of nine council people, each elected to represent one of nine geographic districts all made up of
relatively the same number of constituents, and one Mayor, who is elected by the voters of Topeka
at-large. Under this system, the City Manager answers directly to the Governing Body and
oversees the day-to-day operations of the City of Topeka. The Governing Body has the power to
appoint and remove the City Manager as well as conducting the business of the city by voting on
ordinances, resolutions, applications, plats, zoning petitions, receiving reports and other items.

CONFEREES:

 • Jim Reardon, 2014 Citizens Government Review Committee Chair, Attorney & former
 City Councilmember, February 5, 2025
 • Hannes Zacharias, Professor of Practice, University of Kansas School of Public Affairs &
 Administration, February 5, 2025
 • Councilmember Karen Hiller, February 19, 2025
 • Councilmember Spencer Duncan, February 19, 2025
 • City Manager Dr. Robert M. Perez, March 5, 2025
 • Mayor Michael Padilla, March 5, 2025
 • Monique Glaude, City of Topeka Director of Inclusive Communities, March 5, 2025
 • Juliet Abdel, Topeka Chamber of Commerce President, March 26, 2025
 • Topeka Justice Unity & Ministry Project (JUMP) members Sarah Balzer and Minister
 Melodene Byrd of El Shaddai Ministries, March 26, 2025
 • Councilmember Marcus Miller, April 9, 2025
 • Vickie Arnett and Dr. Glenda Overstreet-Vaughn, League of Women Voters, April 9,
 2025
 • Bill Fiander, Lecturer, Washburn University, May 21, 2025



2025 CGRC Report Recommendations – Page 8
PUBLIC COMMENT:

 • Deborah Dawkins, Written, March 17, 2025
 • Joseph Ledbetter, Written, March 25, 2025

COMMITTEE DISCUSSION AND RECOMMENDATIONS: The Committee recommends
that the Governing Body take the following action(s):

 • FORM OF GOVERNMENT: The Committee recommends no action. This Committee
 found no strong evidence and very little support for changing the Council-Manager form
 of government. In fact, many strongly supported this form. The Committee had lengthy
 discussion around the topic of the council-manager form of government beyond what was
 presented in the form of conferees and public comment. Each time, it was found that the
 current form of government satisfies the need to have an efficient and effective method of
 running the business of the city while still having accountability to the public. A City
 Manager creates stability in the operations of the city, both as it relates to city employees
 as well as to the public. The City Manager still answers to the Governing Body and can be
 removed by the Governing Body if necessary. Currently, any issues with the management
 of the city are taken up with the City Manager and their staff. The Strong Mayor form of
 government creates more responsibility and burden on the mayoral office but can remove
 stability as the office is susceptible to change at least every four years.




2025 CGRC Report Recommendations – Page 9
2. ELECTIONS, TERMS & REPRESENTATION

The City of Topeka’s Charter lays out the form of government the city will operate under, what
positions and how many are elected, when, how, and for how long those local representatives are
elected, and how the redistricting process occurs. Currently, the City of Topeka operates under a
council-manager form of government with the governing body made up of nine council people,
each elected to represent one of nine geographic districts all made up of relatively the same number
of constituents, and one Mayor, who is elected by the voters of Topeka at-large. All governing
body members are nonpartisan and elected to four-year terms with no term limits. Topeka elections
for its governing body are held in odd-numbered years and staggered so that not all members are
being elected at once. All even-numbered districts are elected one year, and all odd-numbered
districts and the mayor are elected two years later. It is required by state statute that municipal
elections occur on the same schedule as all other elections in the State of Kansas, meaning that
primary elections occur in August and general elections occur in November. Primary elections are
only held for offices where there are four or more candidates on the ballot by the filing deadline.
If three or fewer candidates are on the ballot, no primary election is held, and that office is decided
by the voters in the November election. Every ten years after the official United States Census
report, a redistricting commission is formed by the City of Topeka to review the City Council
district boundary lines and recommend any necessary changes to ensure that all nine districts are
roughly even in population. That redistricting commission is made up of nine Topeka voters, each
representing a Council district and appointed by the Council member of each district.

CONFEREES:

 • Jim Reardon, 2014 Citizens Government Review Committee Chair, Attorney & former
 City Councilmember, February 5, 2025
 • Hannes Zacharias, Professor of Practice, University of Kansas School of Public Affairs &
 Administration, February 5, 2025
 • Councilmember Karen Hiller, February 19, 2025
 • Councilmember Spencer Duncan, February 19, 2025
 • City Manager Dr. Robert M. Perez, March 5, 2025
 • Mayor Michael Padilla, March 5, 2025
 • Monique Glaude, City of Topeka Director of Inclusive Communities, March 5, 2025
 • Juliet Abdel, Topeka Chamber of Commerce President, March 26, 2025


2025 CGRC Report Recommendations – Page 10
 • Topeka Justice Unity & Ministry Project (JUMP) members Sarah Balzer and Minister
 Melodene Byrd of El Shaddai Ministries, March 26, 2025
 • Councilmember Marcus Miller, April 9, 2025
 • Vickie Arnett and Dr. Glenda Overstreet-Vaughn, League of Women Voters, April 9,
 2025

PUBLIC COMMENT:

 • Deborah Dawkins, Written, March 17, 2025
 • Joseph Ledbetter, Written, March 25, 2025

COMMITTEE DISCUSSION AND RECOMMENDATIONS: The Committee recommends
that the Governing Body take the following action(s):

 • NUMBER OF COUNCIL MEMBERS: Committee recommends no action. This
 Committee heard that nine Council members works well, allowing more members to sit on
 each committee, without constituting a majority of the Governing Body and being at the
 same place without concern for the Kansas Open Meetings Act. It also makes the
 Governing Body more representative of citizens as a whole.

 • ELECTIONS AND TERMS: Committee recommendations no action. There is strong
 support for staggered elections so experience and institutional knowledge is retained while
 allowing new members time to fully understand their responsibilities. Four-year terms were
 also supported and have become more and more common in cities similar to Topeka. Four
 years was determined to be enough time for any new governing body member to spend
 time getting to know the city better and their responsibilities without needing to worry
 about another election for a reasonable amount of time. There was no strong stance on term
 limits from conferees or the public. Some cities have opted to enact term limits on their
 Mayor and Council members where there is a limit of serving two or three terms depending
 on the city. The Committee discussed the item of term limits for Governing Body members
 with consideration of what was presented to the Committee as well as research that had
 been conducted into the structure of other cities similar to Topeka. It is an item that may
 be considered in the future, but no action is being recommended at this time.




2025 CGRC Report Recommendations – Page 11
 • REDISTRICTING: Committee recommends that the Governing Body amend the
 structure and considerations of the redistricting commission, so the council members are
 not the only ones appointing commission members while then having their own addresses
 considered when the commission makes any potential changes to district boundary lines.
 The Committee recommends that the commission still be made up of nine members
 appointed by the governing body to represent each district, but with the addition of an
 additional tenth member who is appointed by the Administrative Judge of the Topeka
 Municipal Court who shall serve as Chair of the commission. The Committee also
 recommends that the charter be amended to state that when the redistricting commission
 makes its own recommendation to the Governing Body, the new boundary lines are not
 made with the consideration of incumbent council members’ home addresses.




2025 CGRC Report Recommendations – Page 12
3 . FOLLOW-UP PROCEDURES COMMITTEES/BOARDS/COMMISSIONS

The proposal outlines a structured process for collecting, categorizing, and acting on feedback
from Governing Body and Staff members. It begins with timely documentation and classification
of feedback into clear themes, followed by assigning responsibility and deadlines for addressing
each item. Feedback is prioritized by importance (critical, medium or low) and each is paired with
a specific action plan. Regular updates are provided to ensure transparency and progress tracking,
while follow-up meetings allow for ongoing dialogue, the resolution of challenges, and continuous
feedback.
Further steps include evaluating the effectiveness of actions taken, documenting lessons learned
and compiling a final report summarizing the feedback and results. This report should be shared
with the Governing Body, potentially up to and including placing the issue on the agenda for a
vote, if deemed necessary. The proposal emphasizes the use of technology for automation and
efficiency and highlights the importance of recognizing contributors. Overall, the framework
promotes accountability, transparency and continuous improvement in Governing Body/Staff
operations.
Implementing a well-structured follow-up mechanism ensures that Governing Body/Staff
feedback is not only acknowledged but actively incorporated into decision-making processes. This
approach promotes transparency, accountability, and continuous improvement, ultimately leading
to more effective and responsive Governing Body/Staff operations.
CONFEREE:

 • Topeka Justice Unity & Ministry Project (JUMP) members Sarah Balzer and Minister
 Melodene Byrd of El Shaddai Ministries, March 26, 2025
 • Vickie Arnett and Dr. Glenda Overstreet-Vaughn, League of Women Voters, April 9,
 2025

PUBLIC COMMENT: None.
COMMITTEE DISCUSSION AND RECOMMENDATIONS: The Committee recommends
that the Governing Body take the following action(s):

 • GOVERNING BODY/STAFF CORRESPONDENCE COLLECTION &
 CATEGORIZATION Timely Documentation: Ensure that feedback requested from
 Governing Body/Staff members is collected at a designated time frame after
 meetings/correspondence and documented in a shared, accessible platform (e.g., project
 management tool, shared document). Categorize Feedback: Classify feedback into
 themes (e.g., general suggestions, concerns, specific action items, policy changes) to
 streamline the follow-up process and assign responsibility accordingly.




2025 CGRC Report Recommendations – Page 13
 • DESIGNATE RESPONSIBLE PARTIES Assign Clear Ownership: For each piece of
 feedback, designate a responsible person or team member to address the issue. Ensure that
 this individual has, or has access to, the expertise or authority to take the necessary actions.
 Set Deadlines: Establish reasonable deadlines for the resolution of each piece of feedback.
 Ensure that assigned owners are aware of these timelines.


 • ACTION PLAN DEVELOPMENT Prioritize Feedback: Not all feedback may require
 immediate action, but all feedback will require immediate follow-up. Establish a
 prioritization process, such as: Critical Issues: Requires urgent attention and resolution.
 Medium Importance: Can be addressed in the medium term. Low Importance: Requires
 consideration but not immediate action. Create an Action Plan: For each piece of feedback,
 an action plan should be developed that includes specific tasks, responsible people, and
 deadlines.

 • REGULAR PROGRESS UPDATES Status Reports: Provide regular updates to the
 Governing Body and person requesting the action on the progress of addressing feedback.
 This could be through periodic emails, meetings, or a shared dashboard that shows the
 status of all feedback (e.g., completed, in progress, pending). Transparency: Ensure that all
 members have visibility into the status of each action item. This transparency fosters
 accountability and keeps the committee informed.

 • FOLLOW-UP MEETINGS/CHECK-INS Scheduled Reviews: Schedule follow-up
 meetings or check-ins (e.g., bi-weekly or monthly) to review the progress of feedback
 implementation. These meetings can be used to discuss any challenges or roadblocks
 encountered during the implementation process. Continuous Feedback Loop: Use these
 meetings to encourage further feedback from Governing Body/Staff members on the
 resolution of previous feedback and to ensure that no item is left unresolved.

 • FEEDBACK EVALUATION Evaluate Effectiveness: Once feedback has been
 addressed, evaluate the effectiveness of the changes or actions taken. This can be done
 through surveys, discussions, or a formal evaluation process. Lessons Learned: Document
 any lessons learned from the follow-up process to improve future feedback management
 and ensure continuous improvement.

 • FINAL REPORT & ACKNOWLEDGMENT Final Summary: Once all feedback has
 been addressed, create a final report that summarizes the feedback, actions taken, and
 outcomes achieved. This document should be shared with the Governing Body for
 transparency and accountability. This could include Governing Body action to place the
 issue on the agenda for vote following submission of a valid petition. Acknowledge
 Contributions: Acknowledge the contributions of Governing Body/Staff members who
 provided valuable feedback. Recognizing their input fosters engagement and encourages
 future participation.

 • AUTOMATED FOLLOW-UP TOOLS Use of Technology: Consider using automated
 tools (e.g., task management software like Asana, Trello, or Monday.com, etc.) to track
 feedback and automate reminders and deadlines. This can help ensure that feedback is not
 overlooked and that follow-ups are timely.

2025 CGRC Report Recommendations – Page 14
4. INTERLOCAL COOPERATION

Kansas law gives local governments a broad, liberal grant of authority to enter into interlocal agree
ents, encouraging efficiency and economy in government. This benefits taxpayers while still
protecting public health, safety and welfare. under the Kansas lnterlocal Cooperation Act (K.S.A.
12-3901, et seq.) if each participating unit of government has the power to do something separately,
then they may do so jointly via an interlocal agreement, e.g. law enforcement, distribution of water.
Topeka and Shawnee County have a history of some successful joint undertakings, including:
 • Topeka-Shawnee County Public Library
 • JEDO
 • Gage Park Improvement Authority
 • Metro Topeka Airport Authority


Agreements between Topeka and other cities, Shawnee County, townships, USDs and Rural
Water Districts are all possible. While Topeka has had experience with interlocal agreements there
are additional areas of governance which the City should identify and then perform an analysis as
to whether Topekans would benefit from new arrangements/agreements. These include but are not
limited to:

 • Housing for the unsheltered
 • Public health/Mental health
 • Law enforcement
 • Firefighting
 • Emergency services
 • Solid waste collection and recycling
 • Information Technology/Cybersecurity
While the Intergovernmental Cooperation Council exists to facilitate the exchange of information
among participating entities, its membership and mission may be too limited to serve as the vehicle
for facilitating interlocal agreements.
CONFEREES:

 • Councilmember Karen Hiller, February 19, 2025
 • Councilmember Spencer Duncan, February 19, 2025
 • Vickie Arnett and Dr. Glenda Overstreet-Vaughn, League of Women Voters, April 9,
 2025
 • Jim Reardon, 2014 Citizens Government Review Committee Chair, Attorney & former
 City Councilmember, February 5, 2025
 • City Manager Dr. Robert M. Perez, March 5, 2025
PUBLIC COMMENT: None.


2025 CGRC Report Recommendations – Page 15
COMMITTEE DISCUSSION AND RECOMMENDATIONS: The Committee reviewed the
first draft of this issue paper on April 23, 2025. The Committee did not want the original proposal
that recommendations either be adopted or rejected by the Governing Body within a fixed period
of time following their presentation to the Governing Body. The Committee recommends that the
Governing Body take the following action(s):

 • CONDUCT JOINT MEETINGS The Governing Body and the Shawnee County Board
 of County Commissioners (BOCC) hold joint meetings on a regular basis to consider
 matters of mutual concern, including the review of existing interlocal agreements and how
 they are serving the public.

 • RESEARCH OTHER INTERLOCAL COOPERATION AGREEMENTS The
 Governing Body direct the City Manager, City Auditor or City Attorney to research the
 Secretary of State's records of agreements, filed per the lnterlocal Cooperation Act, to
 identify those pertaining to programs and services which the City has not previously
 considered providing via interlocal agreements.

 • CREATE JOINT CITY-COUNTY BODY The Governing Body, working with the
 Shawnee County Board of County Commissioners (BOCC), create a joint City-County
 body, similar to the Joint Economic Development Organization (JEDO), to identify areas
 where cooperation can result in efficiencies and economies and maintain, or enhance,
 public health, safety and welfare. That body would make recommendations to the
 Governing Body and the BOCC for those matters of highest priority, with timelines for the
 necessary actions to reach desired outcomes. lnterlocal agreements would be used to
 provide a degree of certainty, and longevity, to any agreed-to cooperative measures. To
 help ensure that the recommended actions of the body are given proper consideration,
 annual reports on the status of interlocal agreements would be given to the Governing Body
 by the City Manager or the proposed City Auditor.




2025 CGRC Report Recommendations – Page 16
5. CITY AUDITOR

The purpose of a city auditor is to collaborate with the Governing Body and City Manager to
elevate trust in government by providing objective, independent assurance and advisory services.
A city auditor would conduct performance audits to provide objective analysis to assist the
Governing Body and City Manager to:

 • Improve the performance of city programs and services
 • Reduce costs
 • Facilitate decision-makers in taking corrective actions
 • Contribute to public accountability
A city auditor would also conduct financial audits to provide an independent assessment of the
city's financial condition, its use of resources and other financial information. Topeka is the largest
city in Kansas without a city auditor.
CONFEREES:

 • City Manager Dr. Robert M. Perez (memo) April 18, 2025
 • Hannes Zacharias, Professor of Practice, University of Kansas School of Public Affairs &
 Administration (memo) May 7, 2025
 • Topeka Justice Unity & Ministry Project (JUMP) members Sarah Balzer and Minister
 Melodene Byrd of El Shaddai Ministries (memo) May 21, 2025
 • Douglas Jones, Johnson County, Kansas, Auditor May 21, 2025

PUBLIC COMMENT:

 • Leo Hafner, April 23, 2025
 • Monica Hill, Written April 23, 2025

COMMITTEE DISCUSSION AND RECOMMENDATIONS: At the April 23, 2025, meeting
the Committee agreed with the proposed recommendation but noted that the City's fiscal condition
might necessitate a delay in creating the office of city auditor. The Committee recommends that
the Governing Body take the following action(s):

 • AMEND THE CHARTER TO CREATE THE OFFICE OF CITY AUDITOR. The
 Auditor would be appointed by the Governing Body and serve at the pleasure of the
 Governing Body. An Audit Committee of the Governing Body would provide direction to
 the City Auditor. The City Auditor would perform both performance audits and financial
 audits. Among the duties of the City Auditor would be to:

 a. Ensure that studies and reports produced by the City and its consultants have their
 Governing Body-adopted objectives and timelines complied with.




2025 CGRC Report Recommendations – Page 17
 b. Provide analysis and recommendations that will help the Governing Body assure the
 public that potentially controversial actions have been thoroughly, objectively and
 independently vetted.
 c. Handle internal whistleblower reports.
 d. Advise the City on risk management, including employee discrimination claims, self-
 insurance levels and commercial coverages.
 e. Conduct performance audits of programs and services.
 f. Conduct financial audits of programs and services.
 g. Advise the Governing Body and City Manager on the use of outside consultants and
 other providers of services.




2025 CGRC Report Recommendations – Page 18
6. CITIZENS GOVERNMENT REVIEW COMMITTEE

Amendments to the Charter provisions for the Citizens Government Review Committee could be
beneficial to the mission of the Committee to examine the structure of City government for
possible modifications.
CONFEREES: None

PUBLIC COMMENT: None

COMMITTEE DISCUSSION AND RECOMMENDATIONS: On April 23, 2025, the
Committee discussed the timing of committees. The initial proposal was to shorten the period
between Committees from 10 to five years. The thinking was that events can occur rapidly, and
five years would allow the Committees to be more responsive to changes, or the need for
changes. Also, five years could make it easier to follow-up on the recommendations made by a
previous Committee. Following comments by the City Clerk, a majority of the Committee chose
to stay with the current 10-year provision. The Committee also discussed the number of
committee members. The initial proposal was to increase the size of the Committee from five,
plus an alternate, to 10 members. Further, that some of the membership would be representatives
of civic organizations, such as the League of Women Voters and the Citizens Advisory Council,
in order to better achieve public engagement. Following discussion, the Committee reached a
consensus to have 10 members, one residing in each council district, chosen by the
councilmember for each district, with the 10th member appointed by the mayor. The Committee
thought this approach would provide more visibility for the public and more of a sense of
ownership by the City Council and Mayor. The Committee recommends that the Governing
Body take the following action(s):

 • COMMITTEE MEMBERSHIP. The Committee recommends that the Charter be
 amended to provide that the Citizens Government Review Committee be comprised of 10
 members. Nine members, each from one council district who resides in the district and is
 appointed by the councilmember for that district, and the 10th member appointed by the
 mayor.




2025 CGRC Report Recommendations – Page 19
7. CODE OF ETHICS MISCONDUCT & PRACTICE VIOLATIONS

EXPLANATORY STATEMENT: At the May 21, 2025, meeting the Committee heard
testimony of instances where Governing Body members had allegedly involved themselves in
administrative matters, with intrusion with and coercion tactics which are solely within the domain
of the city manager. The Committee agreed to review whether and how other cities prohibited such
involvement. It was in this reviewing process and discussion the Governing Body appeared to be
out of compliance of Topeka’s Charter in current practices of operations with no clear direction of
accountability in regard to ethics and codes of conduct infractions. Concerns were also raised that
there were no procedures with clear steps towards consequences and or penalties for violations of
said infractions. This Committee found evidence of action steps and or routes to address this issue
are in place, in fact in reviewing of other cities processes, ours is more stringent and clearly defined
than others with the exception of Wichita who has an ethics committee. This Committee also
received a memo from Senior Attorney Mary Kuckelman Spinelli concerning Checks & Balances
in the Charter Ordinance which further addressed practices in place to deal with this issue.
CONFEREES:

 • Bill Fiander, Lecturer, Washburn University, May 21, 2025
PUBLIC COMMENT: None
COMMITTEE DISCUSSION AND RECOMMENDATIONS: The Committee recommends
that the Governing Body take the following action(s):

 • INTEGRITY AND CODE OF CONDUCT: Require a signature to acknowledge receipt
 and understanding of codes of ethics and practices with yearly review to refresh current
 councilmembers, with future review and possibilities of forming an ethics committee.




2025 CGRC Report Recommendations – Page 20
SECTION 4: CONCLUSION


Thank you to all the conferees and City staff for your thoughtful input and valuable time
throughout this process. We also sincerely appreciate the public comments shared with the Citizens
Review Committee -- your voices are an important part of this work and have helped guide our
discussions and recommendations.




2025 CGRC Report Recommendations – Page 21
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 June 17, 2025


DATE: June 17, 2025
CONTACT PERSON: Amanda Stanley, City DOCUMENT #:
 Attorney
SECOND PARTY/SUBJECT: Anti-discrimination PROJECT #:
 Policies
CATEGORY/SUBCATEGORY 013 Ordinances - Codified / 002 Administration
CIP PROJECT: No
ACTION OF COUNCIL: Refer to Policy and JOURNAL #:
 Finance Committee 05-
 06-25.
 PAGE #:

DOCUMENT DESCRIPTION:

ORDINANCE introduced by City Manager Dr. Robert M. Perez, updating anti-discrimination policies in
the Topeka Municipal code, amending and repealing original Sections 2.105.010, 2.105.040, 2.105.050,
2.255.040, 3.30.440, 3.30.470, 3.30.480, 9.20.020 and 9.20.030 and repealing in their entireties Sections
2.20.120, 3.30.420 and 3.30.460. (Approved by the Policy & Finance Committee on June 10, 2025)

Voting Requirement: Action requires at least five (5) votes of the City Council. The Mayor does not
vote. The proposed ordinance involves a matter of home rule on which the Mayor has veto authority.

(Approval will update antidiscrimination policies in the Topeka Municipal Code.)

VOTING REQUIREMENTS:
Action requires at least five (5) votes of the City Council. The Mayor does not vote. The proposed ordinance
involves a matter of home rule on which the Mayor has veto authority.
POLICY ISSUE:
Whether to update various city code provisions due to executive orders at the federal level impacting the
distribution of federal funds
STAFF RECOMMENDATION:
Staff recommends the City Council move to adopt the ordinance.
BACKGROUND:
The City receives approximately $45 to $55 million in federal funding which helps provide vital services in the
areas of homelessness, affordable housing, domestic violence, and infrastructure. Due to changes at the federal
level, grant recipients are being required to certify the entity does not have certain programs. As the loss of these
funds would have a significant impact on the community, the proposed ordinance has been presented. Following
discussion at the Governing Body level, the ordinance was sent to the Policy and Finance Committee. Staff
worked with the Chair to limit the proposed changes to a minimum. The revised ordinance was reviewed by the
Committee and sent back to the Governing Body with a recommendation for passage.
BUDGETARY IMPACT:
Potential loss of federal funding
SOURCE OF FUNDING:
Not Applicable

ATTACHMENTS:
Description
Ordinance Recommended by the Policy and Finance Committee (Dated May 27, 2025)
Ordinance (Dated April 22, 2025)
P&F Committee Referral Report (June 10, 2025)
P&F Committee Excerpt (June 10, 2025)
Memo- City Attorney Amanda Stanley (June 10, 2025)
Memo- Housing Services-HUD Funding (June 6, 2025)
Secretary of Transportation (April 24, 2025)
Deputy Attorney General-Civil Rights (May 19, 2025)
Statement of Compliance-Title 8 Sanctuary-Nevada
US Dept. of Transportation-SS4A Grant Program (May 2025)
US Dept. of Justice-Civil Rights (May 19, 2025)
 1 (Published in the Topeka Metro News _______________________)
 2
 3 ORDINANCE NO. _____________
 4
 5 AN ORDINANCE introduced by City Manager Dr. Robert M. Perez, updating anti-
 6 discrimination policies in the Topeka Municipal code, amending and
 7 repealing original § 2.105.010, § 2.105.040, § 2.105.050, §
 8 2.255.040, § 3.30.440, § 3.30.470, § 3.30.480, § 9.20.020 and §
 9 9.20.030 and repealing in their entireties § 2.20.120, § 3.30.420
10 and § 3.30.460.
11
12 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TOPEKA, KANSAS:

13 Section 1. That section 2.20.120, Office of Diversity, Equity and Inclusion, of

14 The Code of the City of Topeka, Kansas, is hereby repealed.

15 Office of Diversity, Equity and Inclusion.

16 Created – Officer. There is hereby created an Office of Diversity, Equity and

17 Inclusion. The Officer shall be appointed by the City Manager and be known as the

18 Chief Diversity, Equity and Inclusion Officer. The City Manager, pursuant to Charter

19 Ordinance No. 94, shall be responsible for supervising and evaluating the performance

20 of the Officer.

21 Section 2. That section 2.105.010, Policy, of The Code of the City of Topeka,

22 Kansas, is hereby amended to read as follows:

23 Policy.

24 (a) Policy Statement. It is the policy of the City to take affirmative action to

25 achieveprovide equal treatment, diversity and inclusionopportunity when employing

26 individuals and not to discriminate against any individual based on his/her age, color,

27 disability, familial status, gender identity, genetic information, national origin, ancestry,

28 race, religion, sex which includes gender identity and sexual orientation per the United

29 States Supreme Court in Bostock v. Clayton County Georgia 590 U.S. 644 (2020),



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30 sexual orientation, veteran status or any other factor protected by law (“protected

31 class”). This shall apply to all personnel actions and procedures including, but not

32 limited to, recruitment, hiring, training, transfer, promotion, compensation and other

33 benefits.

34 (b) General Objectives. It is the objective of the City to develop procedures for

35 monitoring the application flow, final hiring, and disposition of all applicants in

36 accordance with equal opportunity law.

37 (1) Intensify efforts to recruit applicants within a protected class for every level

38 of responsibility;

39 (2) Develop special training programs to qualify persons within a protected class

40 for beginning level positions and for advancement; and

41 (3) Develop procedures for monitoring the application flow, final hiring and

42 disposition of persons within a protected class.

43 (c) Administrative Responsibility. The City Manager and all department directors

44 shall be responsible for ensuring that the City is in compliance with equal opportunity

45 law when employing individuals within all departments in accordance with the equal

46 employment opportunity policy. takes affirmative action to achieve equal opportunity,

47 inclusion and diversity when employing individuals within all departments in accordance

48 with the equal employment opportunity/affirmative action policy. The Office of Diversity,

49 Equity and Inclusion, in conjunction with the Director of Human Resources or designee,

50 shall be responsible for developing recruitment and training programs to include

51 employment goals for each City department.

52 Section 3. That section 2.105.040, Reports and records, of The Code of the




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53 City of Topeka, Kansas, is hereby amended to read as follows:

54 Reports and records.

55 The Director of Human Resources or designee shall comply with required equal

56 employment opportunity/affirmative action reporting. Position interview records and

57 information related to new hires, transfers, promotions and terminations shall be

58 maintained by the Human Resources Department.

59 Section 4. That section 2.105.050, Equal Opportunity Officer of The Code of

60 the City of Topeka, Kansas, is hereby amended to read as follows:

61 Equal Opportunity Officer.

62 (a) Designated Officer. The Chief Diversity, Equity and Inclusion OfficerHuman

63 Resources Director is designated as the Equal Opportunity Officer to ensure equal

64 employment opportunities.

65 (b) General Duties. It shall be the duty of the Equal Opportunity Officer to:

66 (1) Conduct periodic departmental reviews to determine compliance with the

67 City’s equal employment opportunity/affirmative action policy;

68 (2) Report results obtained, problems encountered, and/or resistance or failure

69 to implement the equal employment opportunity/affirmative action policy to the

70 Governing Body, City Manager and Human Relations Commission and provide

71 recommendations to resolve any problems identified; and

72 (3) Serve as a consultant to the Governing Body, City Manager and department

73 directors in developing recruitment programs, selection procedures, training programs

74 or other personnel functions necessary to implement the City’s equal employment

75 opportunity/affirmative action policy;.




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76 (4) Recruit personnel in such a manner that clearly demonstrates the City’s

77 interest in employing persons within a protected class; and

78 (5) Establish communication with institutions and organizations that provide

79 referral of qualified applicants within a protected class for available positions.

80 Section 5. That section 2.255.040, Duties and responsibilities, of The Code of

81 the City of Topeka, Kansas, is hereby amended to read as follows:

82 Human Relations Commission; Duties and responsibilities.

83 The Commission shall:

84 (a) Support and advise the City of Topeka in its efforts to eliminate prejudice on

85 the basis of membership in a protected class described in TMC 9.20.020, further

86 goodwill among all people of the City and promote cooperation and conciliation within

87 the City.

88 (b) Select one or more issues or topics of special focus to conduct research on,

89 advocate on behalf of, and/or develop policy recommendations relating to, which shall

90 be adopted on an annual basis by February 1st. The chosen issue or topic may be

91 directly or indirectly related to the City of Topeka government and/or in the greater City

92 of Topeka community. The Commission may produce progress reports, engage with

93 staff, and/or engage with the Governing Body in this process. Results shall be reported

94 in the Commission’s Annual Report.

95 (c) Engage in one or more of the following activities relating to the

96 Commission’s mission and/or chosen issue or topic:

97 (1) Hold Town Hall meetings and public forums;

98 (2) Conduct inclusive outreach and education activities and develop




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 99 resources relevant to human and civil rights issues;

100 (3) Partner with related organizations and groups;

101 (4) Develop and administer annual and/or periodic programs recognizing

102 individuals and/or organizations who have advanced the mission of the Human

103 Relations Commission;

104 (5) Refer public concerns related to civil rights,and human rights, and

105 affirmative action to the appropriate agency and/or Governing Body for the sole

106 purpose of providing assistance and support to the aggrieved party or parties as

107 they pursue redress; and/or

108 (6) Develop and recommend policy and/or administrative changes to the

109 City Manager and Governing Body when the Commission finds a special need

110 for such or deems necessary because of concerns received under subsection

111 (c)(5) of this section.

112 (d) Review quarterly affirmative contracting reports and report concerns to the

113 City Manager.

114 (e) Review quarterly reports from the Independent Police Auditor and report any

115 concerns to the City Manager.

116 (f) By February 1st on an annual basis, the Commission shall prepare and

117 submit an annual report to the Governing Body of the Commission’s activities,

118 identifying issues and problem areas within the Topeka community and, after reviewing

119 the performance of the Commission during the year, propose any modifications to this

120 chapter and Chapters 2.105, 2.250, and 9.20 TMC that would improve the effectiveness

121 of the Commission and better fulfill the antidiscrimination policies of the City.




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122 Section 6. That section 3.30.420, Incorporation of affirmative action, of The

123 Code of the City of Topeka, Kansas, is hereby repealed:

124 Incorporation of affirmative action.

125 All affirmative action procedures required for public contracts shall be applicable

126 and are incorporated by reference.

127 Section 7. That section 3.30.440, Definitions, of The Code of the City of

128 Topeka, Kansas, is hereby amended to read as follows:

129 Definitions.

130 The following words, terms and phrases, when used in this article, shall have the

131 meanings ascribed to them in this section, except where the context clearly indicates a

132 different meaning:

133 “Affirmative action program” means a positive program designed to ensure that a

134 good faith effort will be made to employ applicants and to treat employees during

135 employment equally without regard to their race, religion, creed, color, sex, disability

136 which is unrelated to the ability to perform a particular job or occupation, national origin,

137 ancestry or age. Such program shall include, where applicable, but not be limited to, the

138 following:

139 (1) Recruitment and recruitment advertising;

140 (2) Employment, including upgrading, promotion, demotion, transfer, layoff or

141 termination;

142 (3) Rates of pay or other forms of compensation;

143 (4) Other terms or conditions of employment; and

144 (5) Selection for training, including apprenticeship.




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145 The program shall include goals, methods and timetables for implementation of

146 the program.

147 “Certificate of compliance” means a written certificate issued by a State or

148 Federal agency charged with administration of a governmentally recognized affirmative

149 action program stating that the person named in the certificate is in compliance with the

150 terms of an affirmative action program filed by the named person with the State or

151 Federal agency.

152 “Contract” means any contract, agreement, purchase order or arrangement

153 required or permitted by the ordinances of the City to which the City shall be a

154 contracting party and which shall hereafter be entered into or renewed, except the

155 following:

156 (1) Emergency requisitions for goods, supplies and services as provided for by

157 the Contracts and Procurement Division;

158 (21) Imprest accounts in the nature of petty cash funds;

159 (32) Any bona fide religious institutions with respect to any qualifications for

160 employment when such qualifications are related to a bona fide religious purpose; and

161 (43) Any type of employment where religious creed, national origin or ancestry

162 would be considered an essential qualification for employment. or

163 (5) Contracts for goods, supplies or services, the cost of which will not exceed

164 $15,000; provided, however, that if any contractor shall do a total annual business with

165 the City in excess of $15,000, such contractor shall submit an affirmative action

166 program in writing to the Contracts and Procurement Division. For the purposes of this

167 article, total annual business shall be measured by the amount of business done by the




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168 contractor with the City during either the current or the preceding fiscal year of the City.

169 “Contracting agency” means any department, agency, commission or authority of

170 the City which enters into contracts.

171 “Contractor” means any individual, partnership, corporation, association or other

172 entity, or any combination of the foregoing, which enters into a contract with the City

173 and which has four or more employees during the term of the contract with the City.

174 “Disadvantaged business enterprise” means small business concerns controlled

175 by socially and economically disadvantaged individuals or women.

176 “Minority business enterprise” means a business at least 51 percent of which is

177 owned and operated by a minority or by minority group members or, in the case of a

178 publicly owned business or corporation, at least 51 percent of the stock of which is

179 owned by minority group members.

180 “Performance of work” means the furnishing of any personal service, labor,

181 materials or equipment used in the fulfillment of a contractor’s obligation under a City

182 contract.

183 “Person” means any natural person, contractor, subcontractor, supplier of goods

184 or services, or any agent, servant or employee of any of the foregoing. As used in this

185 article, the word “person” is a generic term unless the context clearly indicates

186 otherwise.

187 “Subcontractor” means, in a construction project, any individual, partnership,

188 corporation, association or other entity, or any combination of the foregoing, who shall

189 undertake, by virtue of a separate contract directly with the general contractor awarded

190 the construction project, to fulfill all or any part of any contractor’s obligation, exclusive




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191 of a contract solely to furnish supplies, and who has four or more employees during the

192 term of the subcontract.

193 “Women business enterprise” means a business at least 51 percent of which is

194 owned and operated by a woman or by women or, in the case of a publicly owned

195 business or corporation, at least 51 percent of the stock of which is owned by a woman

196 or women.

197 Section 8. That section 3.30.460, Affirmative action programs, of The Code of

198 the City of Topeka, Kansas, is hereby repealed:

199 Affirmative action programs

200 (a) Submission of Program. All persons seeking to enter into a contract with the

201 City shall submit in writing to the Contracts and Procurement Division either an

202 affirmative action program, a certificate of compliance, or such other certificate as is

203 acceptable to the Contracts and Procurement Division which evidences the adoption of

204 an affirmative action program. Such affirmative action program, certificate of compliance

205 or other certificate shall be approved and on file with the Contracts and Procurement

206 Division, or such plan shall be submitted with the contract bid. If no affirmative action

207 plan is submitted with the contract bid, the bid will be considered nonresponsive and will

208 not be accepted. If any person shall fail or refuse to submit an affirmative action

209 program as required by this article, such person shall be ineligible to enter into any City

210 contract until the person has so complied.

211 (b) Review by Contracts and Procurement Division.

212 (1) Affirmative Action Program. The Contracts and Procurement Division shall

213 receive and review affirmative action programs submitted to it, and shall approve any




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214 such program or shall specify in writing any modification of the program needed to make

215 it conform to the requirements of this article; provided, that prior to final rejection of the

216 program, the Contracts and Procurement Division shall advise and consult with the

217 person submitting such program for the purpose of assisting the person to develop an

218 acceptable affirmative action program.

219 (2) Certificates of Compliance. The Contracts and Procurement Division shall

220 receive and accept certificates of compliance as conforming with the terms of this article

221 respecting submission of affirmative action programs.

222 (3) Program Review Committee. A Program Review Committee shall be

223 established for the purpose of reviewing and evaluating the City’s minority business

224 enterprise, women business enterprise and disadvantaged business enterprise

225 utilization. The Committee members shall be designated by the City Manager. There

226 shall be at least three members of the Committee and other members may be added by

227 the City Manager. The Chief Diversity, Equity and Inclusion Officer, the Director of the

228 Public Works Department, and the Director of the Contracts and Procurement Division

229 shall all be members of the committee. All recommendations and determinations of the

230 review committee may be appealed to the City Manager, whose decision shall be final

231 and binding. The committee shall have the following duties and responsibilities:

232 (i) Establish, on an annual basis, percentage goals for the utilization of minority

233 business enterprise, women business enterprise and disadvantaged business

234 enterprise participation on City contracts. Goals shall be established upon consideration

235 of the following factors: the number and type of contracts to be awarded, the number

236 and type of minority, women, and socially and economically disadvantaged contractors




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237 available, and past results of the City’s minority business enterprise, women business

238 enterprise and disadvantaged business enterprise utilization.

239 (ii) Review and analyze, on a quarterly basis, minority business enterprise,

240 women business enterprise and disadvantaged business enterprise requirements, to

241 include evaluating the methods for achieving utilization goals and the guidelines for

242 ascertaining contractors’ compliance with the City’s policies and procedures.

243 (iii) Report to the Governing Body on a quarterly basis, through the City

244 Manager, the findings from the review and analysis of minority business enterprise,

245 women business enterprise and disadvantaged business enterprise participation and

246 utilization. The Governing Body shall consider goals for the City’s minority business

247 enterprise, women business enterprise and disadvantaged business enterprise

248 utilization in conjunction with the annual setting of budget priorities.

249 Section 9. That section 3.30.470, Contract conditions, of The Code of the City

250 of Topeka, Kansas, is hereby amended to read as follows:

251 Contract conditions.

252 (a) Contents, Posting. All contracts to be executed by the City shall contain

253 language therein requiring as a condition thereof that all persons contracting with the

254 City shall not discriminate against any person in the performance of work under the

255 contract because of age, race, sex, creed, color, disability which is unrelated to the

256 ability to perform a particular job or occupation, familial status, genetic information,

257 religion, national origin, ancestry or age, race, religion, sex which includes gender

258 identity and sexual orientation per the United States Supreme Court in Bostock v.

259 Clayton County Georgia 590 U.S. 644 (2020), veteran status or any other factor




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260 protected by law, except by reason of demonstrably valid occupational disqualification.

261 Each person will post the office of employment of its premises with notices setting forth

262 both the above-stated provisions and that the person agrees to abide by such

263 provisions, including implementation of the affirmative action program submitted in

264 connection with the contract. The contractor shall be bound by both the terms of this

265 section and the rules and regulations. In all solicitations or advertisements for

266 employees, the contractor shall include the phrase “equal opportunity employer” or a

267 similar phrase to be approved by the Contracts and Procurement Division.

268 (b) Failure to Comply – Breach of Contract. If a contractor shall fail, refuse or

269 neglect to comply with the terms of the contract conditions, such failure shall be deemed

270 a total breach of the contract, and such contract may be terminated, canceled or

271 suspended, in whole or in part, and such contractor may be declared ineligible for any

272 further City contracts for a period of up to one year; provided, that if a contract is

273 terminated, canceled or suspended for failure to comply with this section, the contractor

274 shall have no claims for damages against the City on account of such termination,

275 cancellation or suspension or declaration of ineligibility.

276 Section 10. That section 9.20.020, Policy, of The Code of the City of Topeka,

277 Kansas, is hereby amended to read as follows:

278 Policy.

279 The practice or policy of discrimination against persons by reason of their age,

280 color, disability, familial status, gender identity, genetic information, national origin or

281 ancestry, race, religion, sex which includes gender identity and sexual orientation per

282 the United States Supreme Court in Bostock v. Clayton County Georgia 590 U.S. 644




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283 (2020), sexual orientation, veteran status or any other factor protected by law

284 (“protected class”) is a matter of concern to the City, since such discrimination not only

285 threatens the rights and privileges of the inhabitants of the City but also menaces the

286 institutions and foundations of a free democratic state. It is hereby declared to be the

287 policy of the City, in exercise of its police power for the protection of the public safety,

288 health and general welfare, for the maintenance of business and good government, and

289 for the promotion of the City’s trade and commerce, to eliminate and prevent

290 discrimination or segregation based on a protected class. It is further declared to be the

291 policy of the City to assure equal opportunity and encouragement for every person,

292 regardless of their membership in a protected class, to secure and hold, without

293 discrimination, employment in any field of work or labor for which the person is

294 otherwise properly qualified; to assure equal opportunity for all persons within this City

295 to full and equal public accommodations and the full and equal use and enjoyment of

296 the services, facilities, privileges and advantages of all governmental departments or

297 agencies; and to assure equal opportunity for all persons within this City in housing.

298 Section 11. That section 9.20.030, Civil rights declared, of The Code of the City

299 of Topeka, Kansas, is hereby amended to read as follows:

300 Civil rights declared.

301 (a) The right of an otherwise qualified person to be free from discrimination

302 because of that person’s actual or perceived age, color, disability, familial status, gender

303 identity, genetic information, national origin or ancestry, race, religion, sex which

304 includes gender identity and sexual orientation per the United States Supreme Court in

305 Bostock v. Clayton County Georgia 590 U.S. 644 (2020), sexual orientation or veteran




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306 status, or any other factor protected by law is recognized as, and declared to be, a civil

307 right. This right shall include, but not be limited to, all of the following:

308 (1) The right to obtain and hold employment and the benefits associated

309 therewith without discrimination.

310 (2) The right to the full enjoyment of any of the accommodations,

311 advantages, facilities or privileges of any place of public accommodation without

312 discrimination.

313 (3) The right to engage in property transactions, including obtaining

314 housing for rental or sale and credit therefor, without discrimination.

315 (4) The right to exercise any right granted under this chapter without

316 suffering coercion or retaliation.

317 (b) Because Federal and State law consistently address unlawful discriminatory

318 and retaliatory practices related to the above-described civil rights, a separate

319 enforcement procedure is not created.

320 Section 12. That original § 2.105.010, § 2.105.040, § 2.105.050, § 2.255.040, §

321 3.30.440, § 3.30.470, § 9.20.020 and § 9.20.030 of The Code of the City of Topeka,

322 Kansas, are hereby specifically repealed.

323 Section 13. This ordinance shall take effect and be in force from and after its

324 passage, approval and publication in the official City newspaper.

325 Section 14. This ordinance shall supersede all ordinances, resolutions or rules,

326 or portions thereof, which are in conflict with the provisions of this ordinance.

327 Section 15. Should any section, clause or phrase of this ordinance be declared

328 invalid by a court of competent jurisdiction, the same shall not affect the validity of this




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329 ordinance as a whole, or any part thereof, other than the part so declared to be invalid.

330 PASSED AND APPROVED by the Governing Body on ____________________.
331
332 CITY OF TOPEKA, KANSAS
333
334
335
336 __________________________________
337 Michael A. Padilla, Mayor
338 ATTEST:
339
340
341
342 ________________________________
343 Brenda Younger, City Clerk




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 1 (Published in the Topeka Metro News _______________________)
 2
 3 ORDINANCE NO. _____________
 4
 5 AN ORDINANCE introduced by City Manager Dr. Robert M. Perez, updating anti-
 6 discrimination policies in the Topeka Municipal code, amending and
 7 repealing original § 2.105.010, § 2.105.040, § 2.105.050, §
 8 2.255.040, § 3.30.440, § 3.30.470, § 3.30.480, § 9.20.020 and §
 9 9.20.030 and repealing in their entireties § 2.20.120, § 3.30.420
10 and § 3.30.460.
11
12 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TOPEKA, KANSAS:

13 Section 1. That section 2.20.120, Office of Diversity, Equity and Inclusion, of

14 The Code of the City of Topeka, Kansas, is hereby repealed.

15 Office of Diversity, Equity and Inclusion.

16 Created – Officer. There is hereby created an Office of Diversity, Equity and

17 Inclusion. The Officer shall be appointed by the City Manager and be known as the

18 Chief Diversity, Equity and Inclusion Officer. The City Manager, pursuant to Charter

19 Ordinance No. 94, shall be responsible for supervising and evaluating the performance

20 of the Officer.

21 Section 2. That section 2.105.010, Policy, of The Code of the City of Topeka,

22 Kansas, is hereby amended to read as follows:

23 Policy.

24 (a) Policy Statement. It is the policy of the City to take affirmative action to

25 achieveprovide equal treatment, diversity and inclusionopportunity when employing

26 individuals and not to discriminate against any individual based on his/her age, color,

27 disability, familial status, gender identity, genetic information, national origin, ancestry,

28 race, religion, sex, sexual orientation, veteran status or any other factor protected by

29 law (“protected class”). This shall apply to all personnel actions and procedures



 ORD/Update Antidiscrimination Policies 4/22/25 1
30 including, but not limited to, recruitment, hiring, training, transfer, promotion,

31 compensation and other benefits.

32 (b) General Objectives.

33 (1) Intensify efforts to recruit applicants within a protected class for every level

34 of responsibility;

35 (2) Develop special training programs to qualify persons within a protected class

36 for beginning level positions and for advancement; and

37 (3) Develop procedures for monitoring the application flow, final hiring and

38 disposition of persons within a protected class.

39 (c) Administrative Responsibility. The City Manager and all department directors

40 shall be responsible for ensuring that the City takes affirmative action to achieve equal

41 opportunity, inclusion and diversity when employing individuals within all departments in

42 accordance with the equal employment opportunity/affirmative action policy. The Office

43 of Diversity, Equity and Inclusion, in conjunction with the Director of Human Resources

44 or designee, shall be responsible for developing recruitment and training programs to

45 include employment goals for each City department.

46 Section 3. That section 2.105.040, Reports and records, of The Code of the

47 City of Topeka, Kansas, is hereby amended to read as follows:

48 Reports and records.

49 The Director of Human Resources or designee shall comply with required equal

50 employment opportunity/affirmative action reporting. Position interview records and

51 information related to new hires, transfers, promotions and terminations shall be

52 maintained by the Human Resources Department.




 ORD/Update Antidiscrimination Policies 4/22/25 2
53 Section 4. That section 2.105.050, Equal Opportunity Officer of The Code of

54 the City of Topeka, Kansas, is hereby amended to read as follows:

55 Equal Opportunity Officer.

56 (a) Designated Officer. The Chief Diversity, Equity and Inclusion OfficerHuman

57 Resources Director is designated as the Equal Opportunity Officer to ensure equal

58 employment opportunities.

59 (b) General Duties. It shall be the duty of the Equal Opportunity Officer to:

60 (1) Conduct periodic departmental reviews to determine compliance with the

61 City’s equal employment opportunity/affirmative action policy;

62 (2) Report results obtained, problems encountered, and/or resistance or failure

63 to implement the equal employment opportunity/affirmative action policy to the

64 Governing Body, City Manager and Human Relations Commission and provide

65 recommendations to resolve any problems identified;

66 (3) Serve as a consultant to the Governing Body, City Manager and department

67 directors in developing recruitment programs, selection procedures, training programs

68 or other personnel functions necessary to implement the City’s equal employment

69 opportunity/affirmative action policy;

70 (4) Recruit personnel in such a manner that clearly demonstrates the City’s

71 interest in employing persons within a protected class; and

72 (5) Establish communication with institutions and organizations that provide

73 referral of qualified applicants within a protected class for available positions.

74 Section 5. That section 2.255.040, Duties and responsibilities, of The Code of

75 the City of Topeka, Kansas, is hereby amended to read as follows:




 ORD/Update Antidiscrimination Policies 4/22/25 3
76 Human Relations Commission; Duties and responsibilities.

77 The Commission shall:

78 (a) Support and advise the City of Topeka in its efforts to eliminate prejudice on

79 the basis of membership in a protected class described in TMC 9.20.020, further

80 goodwill among all people of the City and promote cooperation and conciliation within

81 the City.

82 (b) Select one or more issues or topics of special focus to conduct research on,

83 advocate on behalf of, and/or develop policy recommendations relating to, which shall

84 be adopted on an annual basis by February 1st. The chosen issue or topic may be

85 directly or indirectly related to the City of Topeka government and/or in the greater City

86 of Topeka community. The Commission may produce progress reports, engage with

87 staff, and/or engage with the Governing Body in this process. Results shall be reported

88 in the Commission’s Annual Report.

89 (c) Engage in one or more of the following activities relating to the

90 Commission’s mission and/or chosen issue or topic:

91 (1) Hold Town Hall meetings and public forums;

92 (2) Conduct inclusive outreach and education activities and develop resources

93 relevant to human and civil rights issues;

94 (3) Partner with related organizations and groups;

95 (4) Develop and administer annual and/or periodic programs recognizing

96 individuals and/or organizations who have advanced the mission of the Human

97 Relations Commission;

98 (5) Refer public concerns related to civil rights,and human rights, and affirmative




 ORD/Update Antidiscrimination Policies 4/22/25 4
 99 action to the appropriate agency and/or Governing Body for the sole purpose of

100 providing assistance and support to the aggrieved party or parties as they pursue

101 redress; and/or

102 (6) Develop and recommend policy and/or administrative changes to the City

103 Manager and Governing Body when the Commission finds a special need for such or

104 deems necessary because of concerns received under subsection (c)(5) of this section.

105 (d) Review quarterly affirmative contracting reports and report concerns to the

106 City Manager.

107 (ed) Review quarterly reports from the Independent Police Auditor and report

108 any concerns to the City Manager.

109 (fe)By February 1st on an annual basis, the Commission shall prepare and

110 submit an annual report to the Governing Body of the Commission’s activities,

111 identifying issues and problem areas within the Topeka community and, after reviewing

112 the performance of the Commission during the year, propose any modifications to this

113 chapter and Chapters 2.105, 2.250, and 9.20 TMC that would improve the effectiveness

114 of the Commission and better fulfill the antidiscrimination policies of the City.

115 Section 6. That section 3.30.420, Incorporation of affirmative action, of The

116 Code of the City of Topeka, Kansas, is hereby repealed:

117 Incorporation of affirmative action.

118 All affirmative action procedures required for public contracts shall be applicable

119 and are incorporated by reference.

120 Section 7. That section 3.30.440, Definitions, of The Code of the City of

121 Topeka, Kansas, is hereby amended to read as follows:




 ORD/Update Antidiscrimination Policies 4/22/25 5
122 Definitions.

123 The following words, terms and phrases, when used in this article, shall have the

124 meanings ascribed to them in this section, except where the context clearly indicates a

125 different meaning:

126 “Affirmative action program” means a positive program designed to ensure that a

127 good faith effort will be made to employ applicants and to treat employees during

128 employment equally without regard to their race, religion, creed, color, sex, disability

129 which is unrelated to the ability to perform a particular job or occupation, national origin,

130 ancestry or age. Such program shall include, where applicable, but not be limited to, the

131 following:

132 (1) Recruitment and recruitment advertising;

133 (2) Employment, including upgrading, promotion, demotion, transfer, layoff or

134 termination;

135 (3) Rates of pay or other forms of compensation;

136 (4) Other terms or conditions of employment; and

137 (5) Selection for training, including apprenticeship.

138 The program shall include goals, methods and timetables for implementation of

139 the program.

140 “Certificate of compliance” means a written certificate issued by a State or

141 Federal agency charged with administration of a governmentally recognized affirmative

142 action program stating that the person named in the certificate is in compliance with the

143 terms of an affirmative action program filed by the named person with the State or

144 Federal agency.




 ORD/Update Antidiscrimination Policies 4/22/25 6
145 “Contract” means any contract, agreement, purchase order or arrangement

146 required or permitted by the ordinances of the City to which the City shall be a

147 contracting party and which shall hereafter be entered into or renewed, except the

148 following:

149 (1) Emergency requisitions for goods, supplies and services as provided for by

150 the Contracts and Procurement Division;

151 (21) Imprest accounts in the nature of petty cash funds;

152 (32) Any bona fide religious institutions with respect to any qualifications for

153 employment when such qualifications are related to a bona fide religious purpose; and

154 (43) Any type of employment where religious creed, national origin or ancestry

155 would be considered an essential qualification for employment. or

156 (5) Contracts for goods, supplies or services, the cost of which will not exceed

157 $15,000.; provided, however, that if any contractor shall do a total annual business with

158 the City in excess of $15,000, such contractor shall submit an affirmative action

159 program in writing to the Contracts and Procurement Division. For the purposes of this

160 article, total annual business shall be measured by the amount of business done by the

161 contractor with the City during either the current or the preceding fiscal year of the City.

162 “Contracting agency” means any department, agency, commission or authority of

163 the City which enters into contracts.

164 “Contractor” means any individual, partnership, corporation, association or other

165 entity, or any combination of the foregoing, which enters into a contract with the City.

166 and which has four or more employees during the term of the contract with the City.

167 “Disadvantaged business enterprise” means small business concerns controlled




 ORD/Update Antidiscrimination Policies 4/22/25 7
168 by socially and economically disadvantaged individuals or women.

169 “Minority business enterprise” means a business at least 51 percent of which is

170 owned and operated by a minority or by minority group members or, in the case of a

171 publicly owned business or corporation, at least 51 percent of the stock of which is

172 owned by minority group members.

173 “Performance of work” means the furnishing of any personal service, labor,

174 materials or equipment used in the fulfillment of a contractor’s obligation under a City

175 contract.

176 “Person” means any natural person, contractor, subcontractor, supplier of goods

177 or services, or any agent, servant or employee of any of the foregoing. As used in this

178 article, the word “person” is a generic term unless the context clearly indicates

179 otherwise.

180 “Subcontractor” means, in a construction project, any individual, partnership,

181 corporation, association or other entity, or any combination of the foregoing, who shall

182 undertake, by virtue of a separate contract directly with the general contractor awarded

183 the construction project, to fulfill all or any part of any contractor’s obligation, exclusive

184 of a contract solely to furnish supplies, and who has four or more employees during the

185 term of the subcontract.

186 “Women business enterprise” means a business at least 51 percent of which is

187 owned and operated by a woman or by women or, in the case of a publicly owned

188 business or corporation, at least 51 percent of the stock of which is owned by a woman

189 or women.

190 Section 8. That section 3.30.460, Affirmative action programs, of The Code of




 ORD/Update Antidiscrimination Policies 4/22/25 8
191 the City of Topeka, Kansas, is hereby repealed:

192 Affirmative action programs

193 (a) Submission of Program. All persons seeking to enter into a contract with the

194 City shall submit in writing to the Contracts and Procurement Division either an

195 affirmative action program, a certificate of compliance, or such other certificate as is

196 acceptable to the Contracts and Procurement Division which evidences the adoption of

197 an affirmative action program. Such affirmative action program, certificate of compliance

198 or other certificate shall be approved and on file with the Contracts and Procurement

199 Division, or such plan shall be submitted with the contract bid. If no affirmative action

200 plan is submitted with the contract bid, the bid will be considered nonresponsive and will

201 not be accepted. If any person shall fail or refuse to submit an affirmative action

202 program as required by this article, such person shall be ineligible to enter into any City

203 contract until the person has so complied.

204 (b) Review by Contracts and Procurement Division.

205 (1) Affirmative Action Program. The Contracts and Procurement Division shall

206 receive and review affirmative action programs submitted to it, and shall approve any

207 such program or shall specify in writing any modification of the program needed to make

208 it conform to the requirements of this article; provided, that prior to final rejection of the

209 program, the Contracts and Procurement Division shall advise and consult with the

210 person submitting such program for the purpose of assisting the person to develop an

211 acceptable affirmative action program.

212 (2) Certificates of Compliance. The Contracts and Procurement Division shall

213 receive and accept certificates of compliance as conforming with the terms of this article




 ORD/Update Antidiscrimination Policies 4/22/25 9
214 respecting submission of affirmative action programs.

215 (3) Program Review Committee. A Program Review Committee shall be

216 established for the purpose of reviewing and evaluating the City’s minority business

217 enterprise, women business enterprise and disadvantaged business enterprise

218 utilization. The Committee members shall be designated by the City Manager. There

219 shall be at least three members of the Committee and other members may be added by

220 the City Manager. The Chief Diversity, Equity and Inclusion Officer, the Director of the

221 Public Works Department, and the Director of the Contracts and Procurement Division

222 shall all be members of the committee. All recommendations and determinations of the

223 review committee may be appealed to the City Manager, whose decision shall be final

224 and binding. The committee shall have the following duties and responsibilities:

225 (i) Establish, on an annual basis, percentage goals for the utilization of minority

226 business enterprise, women business enterprise and disadvantaged business

227 enterprise participation on City contracts. Goals shall be established upon consideration

228 of the following factors: the number and type of contracts to be awarded, the number

229 and type of minority, women, and socially and economically disadvantaged contractors

230 available, and past results of the City’s minority business enterprise, women business

231 enterprise and disadvantaged business enterprise utilization.

232 (ii) Review and analyze, on a quarterly basis, minority business enterprise,

233 women business enterprise and disadvantaged business enterprise requirements, to

234 include evaluating the methods for achieving utilization goals and the guidelines for

235 ascertaining contractors’ compliance with the City’s policies and procedures.

236 (iii) Report to the Governing Body on a quarterly basis, through the City




 ORD/Update Antidiscrimination Policies 4/22/25 10
237 Manager, the findings from the review and analysis of minority business enterprise,

238 women business enterprise and disadvantaged business enterprise participation and

239 utilization. The Governing Body shall consider goals for the City’s minority business

240 enterprise, women business enterprise and disadvantaged business enterprise

241 utilization in conjunction with the annual setting of budget priorities.

242 Section 9. That section 3.30.470, Contract conditions, of The Code of the City

243 of Topeka, Kansas, is hereby amended to read as follows:

244 Contract conditions.

245 (a) Contents, Posting. All contracts to be executed by the City shall contain

246 language therein requiring as a condition thereof that all persons contracting with the

247 City shall not discriminate against any person in the performance of work under the

248 contract because of age, race, sex, creed, color, disability which is unrelated to the

249 ability to perform a particular job or occupation, familial status, genetic information,

250 religion, national origin, ancestry or age, race, religion, sex, veteran status or any other

251 factor protected by law, except by reason of demonstrably valid occupational

252 disqualification. Each person will post the office of employment of its premises with

253 notices setting forth both the above-stated provisions and that the person agrees to

254 abide by such provisions, including implementation of the affirmative action program

255 submitted in connection with the contract. The contractor shall be bound by both the

256 terms of this section and the rules and regulations. In all solicitations or advertisements

257 for employees, the contractor shall include the phrase “equal opportunity employer” or a

258 similar phrase to be approved by the Contracts and Procurement Division.

259 (b) Failure to Comply – Breach of Contract. If a contractor shall fail, refuse or




 ORD/Update Antidiscrimination Policies 4/22/25 11
260 neglect to comply with the terms of the contract conditions, such failure shall be deemed

261 a total breach of the contract, and such contract may be terminated, canceled or

262 suspended, in whole or in part, and such contractor may be declared ineligible for any

263 further City contracts for a period of up to one year; provided, that if a contract is

264 terminated, canceled or suspended for failure to comply with this section, the contractor

265 shall have no claims for damages against the City on account of such termination,

266 cancellation or suspension or declaration of ineligibility.

267 Section 10. That section 9.20.020, Policy, of The Code of the City of Topeka,

268 Kansas, is hereby amended to read as follows:

269 Policy.

270 The practice or policy of discrimination against persons by reason of their age,

271 color, disability, familial status, gender identity, genetic information, national origin or

272 ancestry, race, religion, sex, sexual orientation, veteran status or any other factor

273 protected by law (“protected class”) is a matter of concern to the City, since such

274 discrimination not only threatens the rights and privileges of the inhabitants of the City

275 but also menaces the institutions and foundations of a free democratic state. It is hereby

276 declared to be the policy of the City, in exercise of its police power for the protection of

277 the public safety, health and general welfare, for the maintenance of business and good

278 government, and for the promotion of the City’s trade and commerce, to eliminate and

279 prevent discrimination or segregation based on a protected class. It is further declared

280 to be the policy of the City to assure equal opportunity and encouragement for every

281 person, regardless of their membership in a protected class, to secure and hold, without

282 discrimination, employment in any field of work or labor for which the person is




 ORD/Update Antidiscrimination Policies 4/22/25 12
283 otherwise properly qualified; to assure equal opportunity for all persons within this City

284 to full and equal public accommodations and the full and equal use and enjoyment of

285 the services, facilities, privileges and advantages of all governmental departments or

286 agencies; and to assure equal opportunity for all persons within this City in housing.

287 Section 11. That section 9.20.030, Civil rights declared, of The Code of the City

288 of Topeka, Kansas, is hereby amended to read as follows:

289 Civil rights declared.

290 (a) The right of an otherwise qualified person to be free from discrimination

291 because of that person’s actual or perceived age, color, disability, familial status, gender

292 identity, genetic information, national origin or ancestry, race, religion, sex, sexual

293 orientation or veteran status, or any other factor protected by law is recognized as, and

294 declared to be, a civil right. This right shall include, but not be limited to, all of the

295 following:

296 (1) The right to obtain and hold employment and the benefits associated

297 therewith without discrimination.

298 (2) The right to the full enjoyment of any of the accommodations,

299 advantages, facilities or privileges of any place of public accommodation without

300 discrimination.

301 (3) The right to engage in property transactions, including obtaining

302 housing for rental or sale and credit therefor, without discrimination.

303 (4) The right to exercise any right granted under this chapter without

304 suffering coercion or retaliation.

305 (b) Because Federal and State law consistently address unlawful discriminatory




 ORD/Update Antidiscrimination Policies 4/22/25 13
306 and retaliatory practices related to the above-described civil rights, a separate

307 enforcement procedure is not created.

308 Section 12. That original § 2.105.010, § 2.105.040, § 2.105.050, § 2.255.040, §

309 3.30.440, § 3.30.470, § 9.20.020 and § 9.20.030 of The Code of the City of Topeka,

310 Kansas, are hereby specifically repealed.

311 Section 13. This ordinance shall take effect and be in force from and after its

312 passage, approval and publication in the official City newspaper.

313 Section 14. This ordinance shall supersede all ordinances, resolutions or rules,

314 or portions thereof, which are in conflict with the provisions of this ordinance.

315 Section 15. Should any section, clause or phrase of this ordinance be declared

316 invalid by a court of competent jurisdiction, the same shall not affect the validity of this

317 ordinance as a whole, or any part thereof, other than the part so declared to be invalid.

318 PASSED AND APPROVED by the Governing Body on ____________________.
319
320 CITY OF TOPEKA, KANSAS
321
322
323
324 __________________________________
325 Michael A. Padilla, Mayor
326 ATTEST:
327
328
329
330 ________________________________
331 Brenda Younger, City Clerk




 ORD/Update Antidiscrimination Policies 4/22/25 14
 COMMITTEE REFERRAL SHEET
 COMMITTEE REPORT
 Name of Policy & Finance
 Committee:


 Title: Ordinance updating anti-discrimination policies in the
 Topeka Municipal code.

Date referred
from Council May 6, 2025
 meeting:


Date referred June 10, 2025
 from
 Committee:


  Committee MOTION: Committee chair Duncan made a motion to
 Action: approve and move forward to the Governing Body for
 action. Committee member Miller seconded. Motion
 approved 3-0-0.



  Comments:



 Members of Councilmembers Spencer Duncan (Chair), Marcus Miller,
 Committee: Michelle Hoferer
Agenda Date June 17, 2025
 Requested:
 CITY OF TOPEKA
 CITY COUNCIL Tonya Bailey, Sr Executive Assistant
 City Hall, 215 SE 7th St., Room 255 Tara Jefferies, Sr Executive Assistant
 Topeka, KS 66603-3914 E-mail: councilassist@topeka.org
 (785) 368-3710 www.topeka.org


 EXCERPT
 HOLLIDAY 1st FLOOR CONFERENCE ROOM, Topeka, Kansas, Tuesday, June 10,
2025. The Policy & Finance Committee members met at 10:00 A.M., with the following
Committee members present: Duncan (Chair), Marcus Miller, Michelle Hoferer.

 The following is an excerpt of the draft minutes from the meeting:

 APPROVAL by the Committee to proceed to the Governing Body to update anti-
discrimination policies in the Topeka code.

Ordinance-Update Anti-discrimination policies-Amending

Committee Chair Duncan spoke to the May 6, 2025 Governing Body meeting vote which was
unanimous to send back to the Policy & Finance Committee to make changes to the anti-
discrimination policies. The goal is to make sure City ordinances are up to date with federal law
and not be reactionary to the federal administration. He added the challenge is to find the
balance between having integrity for the City and to ensure funds are not lost. He emphasized
after listening and receiving input from Council members and community the proposed
ordinance has been reviewed line by line to: (1) establish an up to date document with current
laws and have compliance with the rulings (2) meet City values and objectives.

Committee member Miller spoke to the importance of the City values and continuing to have
community support for everyone regardless of their race, sex, or religion.

Committee Chair Duncan continued to speak to the difference between affirmative action and
equal opportunity. He added items with equal opportunity are being proposed to stay in the new
version of the proposed ordinance.

City Attorney Stanley provided a high-level overview of memorandums that have been received
from the Federal Government; including the Department of Transportation, Attorney General’s
office providing their view of discrimination. She spoke to certifying for federal funds which
involves ensuring compliance with various rules and regulations when applying for or receiving
funding from the federal government, including when applying for grants. She continued to
speak to cases from the U.S. Department of Justice (DOJ) and noted that branches of the
executive branch are now saying affirmative action is gone and that you must certify that you do
not have a program that favors one race over another such as affirmative action or DEI. She

Presented at the June 17, 2025 Governing Body Meeting
noted the DOJ is advocating citizens to use the False Claims Act to report cities; if found guilty
you could be barred from receiving federal funds or receive severe penalties.

City Attorney Stanley continued to speak to the proposed ordinance language and the challenges
with the new requirements being imposed on the City through federal grant terms tied to
Executive Orders issued in 2025. She noted ensuring the City does not have legal implications
through a DEI program or prioritize one particular group; while continuing to have equal
opportunity for everyone. She reported the City does not have an office of DEI.

Committee Chair Duncan spoke to his support for the adjustments made to the ordinance versus
the original version. He added the importance of the changes while keeping the integrity of the
City.

Committee member Miller added his support for the new proposed ordinance with the new
language. He thanked staff and Committee chair Duncan for their work. He added he wants the
entire Governing Body thoughts concerning the adjustments to the language. He added the value
of having public input.

Committee member Hoferer added her support and expressed her appreciation for the language
consistencies, while also providing protection to the City.

Public Comment was provided by Danielle Twemlow. She provided her support for the changes
to the proposed ordinance. She stated that the new version is more reflective of the City. She
continued to speak to changes within the Governing Body members and City administration and
feels the language is specific to protect the values of the City.

City Attorney Stanley added the Planning and Development must sign for the next U.S.
Department of Housing and Urban Development (HUD) funds by June 30, 2025. If it is not
signed there will be no money remaining for Shelter Plus Care program.

Committee chair Duncan announced the Ordinance-Update Anti-discrimination policies will be
on the June 17, 2025 Governing Body agenda as an action item. He thanked staff for their hard
work and expressed his appreciation on the feedback from the community. He stated that all
referenced documents will be included on the City of Topeka website in the Policy and Finance
Committee agenda packet www.topeka.org/citycouncil/policy-finance-committee

MOTION: Committee chair Duncan made a motion to approve and move forward to the
Governing Body for action. Committee member Miller seconded. Motion approved 3-0-0.



 ***************************




Presented at the June 17, 2025 Governing Body Meeting Page 2
 Legal Department Amanda Stanley, City Attorney
 215 SE 7th Street, Room 353 Tel: (785) 368-3883
 Topeka, KS 66603 www.topeka.org




 MEMORANDUM
To: Policy and Finance Committee
From: Amanda L. Stanley
Re: Ordinance Changes due to federal fund requirements
Date: June 10, 2025

This memorandum attempts to summarize the challenging new requirements being
imposed on the City through federal grant terms at multiple federal agencies tied to
Executive Orders issued in 2025. These terms affect eligibility, use of funds, and certification
requirements, particularly regarding diversity, equity, inclusion, and immigration-related
policies. This memo provides an overview of key provisions, legal implications, and the
City’s limitations in modifying or rejecting these terms.

Examples of requirements commonly being seen to accept or apply for federal funds

1. U.S. Department of Transportation (USDOT) – Safe Streets Grant
 • Section 27.2, General Terms and Conditions (Page 25):
 o Grantees must cooperate with federal enforcement, including immigration-
 related inquiries.
 o Must certify compliance with all federal anti-discrimination laws.
 o Entities must not operate programs that promote DEI, DEIA, or what is
 described as “discriminatory equity ideology.”
 o Whistleblower protections are extended to employees reporting
 noncompliance.
2. Office on Violence Against Women (OVW) Grants (the City has a large grant for domestic
violence prosecution)
 • Required certification that federal funds will not be used for:
 o Violating immigration law.
 o Promoting gender ideology (as defined in Executive Order 14168).
 o Supporting illegal DEI/DEIA programs.
 o Framing domestic violence as a systemic issue rather than a criminal offense.
 o Generic community development without a direct link to violence prevention.
 o Programs discouraging cooperation with law enforcement or immigration.
 o Services prioritizing undocumented individuals over U.S. citizens/legal
 residents.
 o Research or awareness campaigns lacking direct impact.
Page 2 of 3


 Excessive consulting, training, or administrative expenses.
 o
3. Department of Homeland Security (DHS) and FEMA
 City Communications
 • Required adherence to anti-discrimination laws and explicit prohibition of DEI, DEIA,
 City Hall, 215 SE 7th Street Tel: 785-368-0991
 or equity ideology.
 Topeka, KS 66603 www.topeka.org
 • Must cooperate with DHS and immigration enforcement; this is considered material
 to award decisions.
 • Grant terms may be terminated unilaterally if the federal agency determines it no
 longer advances federal priorities.
 • Executive Orders are incorporated by reference into all awards.
4. Community Development Block Grants (CDBG), HOME, and ESG
 • Include similar provisions to those in the grants above limiting DEI programming and
 reinforcing cooperation with immigration enforcement.

Legal Constraints on negotiating with federal agencies to not accept these terms

 • The City has limited ability to amend federal grant terms unilaterally. HUD clarified in
 King County v. Turner that it will not accept altered agreements from local
 governments (see Paragraph 9 of HUD Declaration).
 • Application platforms often require affirmative certification of all terms prior to
 submission; failure to do so may render the application ineligible.
 • Federal grants can be terminated if the federal agency no longer feels the award
 advances federal priorities making legal challenges to lost grant money very
 challenging

Risk of False Claims Act (FCA) Liability if the City certifies to these claims without ordinance
amendments

 • On May 19, 2025, Attorney General Bondi issued the Civil Rights Fraud Initiative
 Memo, signaling aggressive enforcement of federal civil rights laws through the FCA.
 • The DOJ considers it a False Claims Act violation if a grantee certifies compliance
 with civil rights laws while operating affirmative action or race-conscious programs.
 • This includes any programs “assigning benefits or burdens” based on race, ethnicity,
 or national origin, even if not labeled as “DEI.”
 • Liability under the FCA includes treble damages and civil penalties. Cases may be
 brought by DOJ or private whistleblowers.

Summary of Relevant Executive Orders

 1. Executive Order 14173
Ending Illegal Discrimination and Restoring Merit-Based Opportunity
 • Terminates federal support for DEI/DEIA.
 • Mandates all grants include certification that recipients do not operate DEI programs
 that violate civil rights laws.
Page 3 of 3


 • Revokes several prior executive orders, including those related to affirmative action,
 environmental justice, and LGBTQ+ protections.
 • City Communications
 Grants may be revoked if recipients fail to comply.
 City Hall, 215 SE 7th Street Tel: 785-368-0991
 Topeka, KS 66603 www.topeka.org
 2. Executive Order 14168
Defending Women from Gender Ideology Extremism
 • Bans funding for programs promoting gender identity ideologies.
 • Requires use of “sex” (not “gender”) on all federal forms.

 3. Executive Order 14151
Ending Radical and Wasteful Government DEI Programs
 • Ends DEI and environmental justice programs across federal agencies.
 • Requires agencies to identify and terminate DEI positions and contracts.

 4. Executive Order 14185
Restoring America’s Fighting Forces
 • Defines a “DEI office” as any unit that promotes preferential hiring or benefits based
 on race or sex.
 • Used to assess programmatic compliance but not (yet) applied beyond the
 Department of Defense.




Attachments:

cc:
 Planning & Development Department Rhiannon Friedman, Director
 Holliday Building, 620 SE Madison St., Unit 11 Tel: 785-368-3728
 Topeka, KS 66607 www.topeka.org
 To: Policy & Finance Committee
 From: Housing Services Division
 Date: June 6, 2025
 RE: Housing Services HUD Grant Funding


As the Continuum of Care for Topeka and Shawnee County, the City of Topeka receives annual HUD
funding allocations in the form of a Consolidated Action Plan Grant (Con Plan) and a Continuum of Care
Grant (CoC).

CoC Grant Overview:

Our HUD 2024 CoC Grant award funds will be depleted at the end of June 2025. In May of each year we
enter into a contract with HUD for our next year of awarded funds to help ensure there is not a lapse in
service to the community utilizing programs supported by this grant funding. Our 2025 HUD CoC Grant
awarded amount is $1,577,151. Our CoC Grant fully funds our Shelter Plus Care Program in Topeka.
Shelter Plus Care currently serves 142 households and pays out $87,320 monthly for rent to qualified
program participants. If we are not able enter into a contract agreement with HUD for our 2025 CoC
Grant award we will need to determine how to fund the $87,320 monthly rent allocations for Shelter
Plus Care going forward until the contract is signed and the funds can be accessed.



Con Plan Grant Overview:

HUD notified the City of Topeka in May of our 2025 Con Plan Grant award. Our award for the 2025 Con
Plan Grant totals $2,436,602. We have received our Standard Form 424 (SF-424) but are on hold on the
next steps of signing our contract agreement allowing us to receive the funds until action is taking by the
Governing Body. These grant funds are used to administer our Community Development Block Grant
programs (CDBG), HOME Investment Partnership Program (HOME), and Hearth Emergency Solutions
Grant (HESG).



Housing Services FTE Funding Sources:

One of the many greatly beneficial things about our HUD funded grants is that they cover a portion of
the cost for Housing Services Division to administer several of their various programs. For 2025 10.5 of
our 17 full time employees (61%) have salaries fully supported by the administrative funding allocation
of our Con Plan and CoC Grant.
 U.S. Department of Justice

 Office of the Deputy Attorney General




The Deputy Attorney General l#ishington, D.C. 20530


 May 19, 2025


 MEMORANDUM FOR OFFICE OF THE ASSOCIATE ATTORNEY GENERAL
 CIVIL DIVISION
 CIVIL RIGHTS DIVISION
 CRIMINAL DIVISION
 EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS
 ALL UNITED STATES ATTORNEYS

 FROM: THE DEPUTY ATTORNEY GENERAL
 I ,.,. ft...~
  SUBJECT: Civil Rights Fraud Initiative

 Under Attorney General Bondi's leadership, "[t]he Department of Justice is committed to
 enforcing federal civil rights laws and ensuring equal protection under the law." Attorney General
 Memorandum, Ending Illegal DEi and DEJA Discrimination and Preferences (Feb. 5, 2025). One
 of the most effective ways to accomplish this objective is through vigorous enforcement of the
 False Claims Act, 31 U.S.C. § 3729 et seq., against those who defraud the United States by taking
 its money while knowingly violating civil rights laws.
 The False Claims Act is the Justice Department's primary weapon against government
  fraud, waste, and abuse. Liability results in treble damages and significant penalties. It is
  implicated when a federal contractor or recipient of federal funds knowingly violates civil rights
  laws- including but not limited to Title IV, Title VI, and Title IX, ofthe Civil Rights Act of 1964-
  and falsely certifies compliance with such laws. Accordingly, a university that accepts federal
  funds could violate the False Claims Act when it encourages antisemitism, refuses to protect
  Jewish students, allows men to intrude into women's bathrooms, or requires women to compete
  against men in athletic competitions. Colleges and universities cannot accept federal funds while
  discriminating against their students.
 The False Claims Act is also implicated whenever federal-funding recipients or contractors
  certify compliance with civil rights laws while knowingly engaging in racist preferences,
  mandates, policies, programs, and activities, including through diversity, equity, and inclusion
  (DEi) programs that assign benefits or burdens on race, ethnicity, or national origin. While racial
  discrimination has always been illegal, the prohibition on such policies became clear after the
  Supreme Court stated that "[e]liminating racial discrimination means eliminating all of it."
  Studentsfor Fair Admissions, Inc. v. President & Fellows ofHarv. Coll., 600 U.S. 181 ,205 (2023).
Memorandum from the Deputy Attorney General Page 2
Subject: Civil Rights Fraud Initiative

President Trump reinforced that principle in Executive Order 14173, Ending fllegal
Discrimination and Restoring Merit-Based Opportunity, 90 Fed. Reg. 8633 (Jan. 21, 2025),
explaining that racist policies "violate the text and spirit of our long-standing Federal civil-rights
laws." Nevertheless, many corporations and schools continue to adhere to racist policies and
preferences- albeit camouflaged with cosmetic changes that disguise their discriminatory nature.

 The federal government should not subsidize unlawful discrimination. To that end, I am
standing up the Civil Rights Fraud Initiative. This Initiative will utilize the False Claims Act to
investigate and, as appropriate, pursue claims against any recipient offederal funds that knowingly
violates federal civil rights laws. This Initiative will be co-led by the Civil Division's Fraud
Section, which enforces the False Claims Act, and the Civil Rights Division, which enforces civil
rights laws. Each division will identify a team of attorneys to aggressively pursue this work
together. Each of the 93 United States Attorney's Offices will identify an Assistant United States
Attorney to advance these efforts.

 To ensure a comprehensive approach, the Civil Fraud Section and the Civil Rights Division
will engage in regular coordination meetings and share relevant information about potential
violations. The Civil Fraud Section and the Civil Rights Division will also engage with the
Criminal Division, as well as with other federal agencies that enforce civil rights requirements for
federal funding recipients, including the Department of Education, the Department of Health and
Human Services, the Department of Housing and Urban Development, and the Department of
Labor. The Civil Fraud Section and the Civil Rights Division will also establish partnerships with
state attorneys general and local law enforcement to share information and coordinate enforcement
actions.
 The Department recognizes that it alone cannot identify every instance of civil rights fraud.
Congress likewise has recognized as much and, as a result, has authorized private parties to protect
the public interest by filing lawsuits and litigating claims under the False Claims Act-and, if
successful, sharing in any monetary recovery. See 31 U.S.C. § 3730. The Department strongly
encourages these lawsuits. The Department also encourages anyone with knowledge of
discrimination by federal-funding recipients to report that information to the appropriate federal
authorities so that the Department may consider the information and take any appropriate action.
Please visit https://www. justice.gov/civil/report-fraud for more information.
OFFICE OF CRIMINAL JUSTICE ASSISTANCE (OCJA)
Special Conditions


 Statement of Compliance with
 Title 8, United States Code, Section 1373
 (a.k.a. Sanctuary Jurisdictions)
 Award Information:

 Subrecipient
 Agency/Organization
 Project Title
 Project/Award # CFDA#: 16.738 (JAG)


 Title 8, United States Code, Section 1373 (Section 1373) addresses the exchange of information
 regarding citizenship and immigration status among federal, state, and local government entities and
 officials. Subsection (a) prevents federal, state and local government entities and officials from
 “prohibit[ing] or in any way restrict[ing]” government officials or entities from sending to, or
 receiving from, federal immigration officers information concerning an individual’s citizenship or
 immigration status. Subsection (b) provides that no person or agency may “prohibit, or in any way
 restrict,” a federal, state, or local government entity from (1) sending to, or requesting or receiving
 from, federal immigration officers information regarding an individual’s immigration status, (2)
 maintaining such information, or (3) exchanging such information with any other federal, state, or
 local government entity. Section 1373 does not impose on states and localities the affirmative
 obligation to collect information from private individuals regarding their immigration status, nor
 does it require that states and localities take specific actions upon obtaining such information.
 Rather, the statute prohibits government entities and officials from taking action to prohibit or in any
 way restrict the maintenance or intergovernmental exchange of such information, including through
 written or unwritten policies or practices.
 Your personnel must be informed that notwithstanding any state or local policies to the contrary,
 federal law does not allow any government entity or official to prohibit the sending or receiving of
 information about an individual’s citizenship or immigration status with any federal, state or local
 government entity and officials.
 Please note: A grantee is required to assure and certify compliance with all applicable federal statues,
 including Section 1373, as well as all applicable federal regulations, policies, guidelines and
 requirements. This requirement passes through to any subgrants that may be made and to any
 subrecipients that receive federal funds.




 Signatures required on page 2.



 Page 1 of 2
 K\groups\CJA\Shared\Criminal Justice\Assurances and Special Conditions\2017
OFFICE OF CRIMINAL JUSTICE ASSISTANCE (OCJA)
Special Conditions
 How would a determination that a subgrantee is in violation of federal law affect the state’s
 designation and ability to receive future awards?

 A grantee is responsible to the federal government for the duration of the award. As the primary
 recipient of the award, the grantee is responsible for ensuring that subgrantees assure and certify
 compliance with federal program and grant requirements, laws, or regulations (e.g. Section 1373). If
 a grantee or subgrantee has policies or practices in effect that violate Section 1373, the grantee or
 subgrantee will be given a reasonable amount of time to remedy or clarify such policies to ensure
 compliance with applicable law. Failure to remedy any violations could result in the withholding of
 grant funds or ineligibility for future OJP grants or subgrants, or other administrative, civil, or
 criminal penalties, as appropriate. Our goal is to ensure that JAG grantees and subgrantees are in
 compliance with all applicable laws and regulations, including Section 1373, not to withhold vitally
 important criminal justice funding from states and localities.

 For reference, below is a link to Title 8 U.S. Code Section 1373

 https://www.law.cornell.edu/uscode/text/8/1373

 I assure and certify the above named governmental agency/jurisdiction complies with Title 8,
 United States Code, Section 1373 and is not considered a “sanctuary jurisdiction”.




 Authorized Authority Name (print/type) Title:


 Government Authority Signature: Date:
 (i.e., Sheriff, Chief, State Department Director, etc)

 AND

 Agency’s Legal Counsel Name (print/type) Title:


 Signature: Date:




 Page 2 of 2
 K\groups\CJA\Shared\Criminal Justice\Assurances and Special Conditions\2017
  a\ U.S. Department of Justice


  ~ Civil Rights Division




 Office ofthe Assistant Attorney General 950 Pennsylvania Avenue, N. W
 Washington, D.C. 20530


 May 19, 2025

The Honorable Brandon Johnson
Office of the Mayor
121 N. LaSalle Street
Chicago City Hall, 4th Floor
Chicago, IL 60602

 Re: Investigation ofth mployment Practices of the City of Chicago, Illinois, Pursuant to
 Section 707 of Title VII of the Civil Right Act of .1964, a Amended

Dear Mayor Johnson:

 The Department of Justice is opening an investigation to determine whether the City of Chicago,
Illinois, is engaged in a pattern or practice of discrimination based on race, in violation of Title VII of
the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. ("Title VII"). It is the responsibility
of the Attorney General of the United States to enforce the provisions of Title VII with respect to state
and local government employers. The Attorney General has delegated the authority to investigate
compliance with these provisions to the Assistant Attorney General of the Civil Rights Division. See 28
C.F.R. § 0.50(a).

 Title VII prohibits discrimination on the basis of race. See 42 U.S.C. § 2000e-2. When the
Attorney General has reasonable cause to believe that a state or local government employer is engaged
in a pattern or practice of discrimination in violation of Title VII, it is the Attorney General's
responsibility to take appropriate action to eliminate that violation, including seeking injunctive relief.
See 42 U.S.C. § 2000e-6(a).

 Our investigation is based on information suggesting that you have made hiring decisions solely
on the basis of race. In your remarks made yesterday at the Apostolic Church of God in Woodlawn, you
"highlight[ed] the number of Black officials in [your] administration." 1 You then went on to list each
of these individuals, emphasizing their race:

 • "Business and economic neighborhood development, the deputy mayor 1s a Black
 woman."
 • "Department of planning and development is a Black woman."
 • "Infrastructure, deputy mayor is a Black woman."

 See, e.g., 'Could he be more racist?': Chicago mayor Brandon Johnson slammed for 'only hiring black people'
comment in viral speech, MSN (May 19, 2025), https://www.msn.com/en-in/news/world/could-he-be-more-racist-chicago­
mayor-brandon-johnson-slammed-for-only-hiring-black-people-comment-in-viral-speech/ar-
AA 1F3p5b?ocid=BingNewsVerp.
The Honorable Brandon Johnson
Page 2


 • "Chief operations officer is a Black man."
 • "Budget director is a Black woman."
 • "Senior advisor is a Black man."

 You then said that you were "laying" these positions "out" to "ensure that our people get a chance
to grow their business[.]"

 Considering these remarks, I have authorized an investigation to determine whether the City of
Chicago is engaged in a pattern or practice of discrimination as set forth above. If these kind of hiring
decisions are being made for top-level positions in your administration, then it begs the question whether
such decisions are also being made for lower-level positions. 2

 It is important to note that we have not reached any conclusions about the subject matter of the
investigation. We intend to consider all relevant information, and we welcome your assistance in helping
to identify what that might be. We would appreciate your cooperation in our investigation.

 Upon receipt of this correspondence, please contact us at (202) 514-3847 so that we can set Lip a
mutually agreeable date and time to discuss the parameters of this investigation, including the scope of
information that we will be seeking from you.

 Thank you for your cooperation.




 Harmeet K. Dhillon
 Assistant Attorney General
 Civil Rights Division




cc: Jesus A. Osete The Honorable Andrea R. Lucas
 Deputy Assistant Attorney General Acting Chair
 Civil Rights Division Equal Employment Opportunity Commission




2 Pursuant to 29 C.F.R. § 1601.6, we have provided this information to the Equal Employment Opportunity
Commission for its consideration in filing a Commissioner's Charge.
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 June 17, 2025


DATE: June 17, 2025
CONTACT PERSON: Richard Faulkner, DOCUMENT #:
 Development Services
 Division Director
SECOND PARTY/SUBJECT: 2024 Uniform Plumbing PROJECT #:
 Code
CATEGORY/SUBCATEGORY 013 Ordinances - Codified / 026 Buildings and Building Regulations
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

DISCUSSION concerning the adoption of the 2024 Uniform Plumbing Code. (Policy and Finance
Committee recommended approval on May 14, 2025.)

(Approval would replace the 2018 edition of the UPC used to guide the installation and repair of plumbing
systems within the City of Topeka.)

VOTING REQUIREMENTS:
Discussion only.
POLICY ISSUE:
By adopting the 2024 Uniform Plumbing Code the City will be able to keep up with the newest innovations in the
plumbing industry and help improve the quality of life and safety of our citizens.
STAFF RECOMMENDATION:
This code has been reviewed by the Plumbing Board, the plumbing contractors were notified and invited to attend
the meeting regarding the code adoption, City staff served as liaison to the board. The Plumbing Board is
making the recommendation that the 2024 Uniform Plumbing Code be adopted with amendments and city staff
supports that recommendation.
BACKGROUND:
This update was presented to the Policy and Finance Committee at their May 14, 2025, meeting.
City of Topeka recognizes the need to update building and trade
codes in order to provide for safer and the most up-to-date building standards. National codes are updated every
3 years, and it is best practice to update every 6-9 years.

Uniform Plumbing Code (UPC) COT is currently operating on the 2018 UPC.

 Published by the International Association of Plumbing and Mechanical Officials (IAPMO)
 UPC provides consumers with safe and sanitary plumbing system, while at the same time allowing latitude
 for innovation and new technologies.
 Contributors include plumbing inspectors, master and journeyman plumbers, and plumbing engineers,
 backed by public utility companies and the plumbing industry.
BUDGETARY IMPACT:
SOURCE OF FUNDING:

ATTACHMENTS:
Description
Memo
Presentation
Ordinance
P&F Committee Referral Report (May 14, 2025)
P&F Committee Minutes Excerpt (May 14, 2025)
 Richard Faulkner rfaulkner@topeka.org
 Division Director of Development Services Tel: 785-368-1606
 Holliday Building, 620 SE Madison St., Topeka, KS 66607 www.topeka.org


Date: June 17, 2025

To: Governing Body Members

From: Richard Faulkner, Division Director, Development Services

Subject: 2024 Uniform Plumbing Code


 The Board of Plumbing Appeals has reviewed the 2024 Uniform Plumbing Code and is
 recommending that the City of Topeka adopt the code. This code is the most current code and
 addresses changes in the industry and will improve safety in our community and improve the
 quality of life for our citizens. The recommendation includes that we adopted with amendments,
 which we typically do. I am pointing this out because or amendments have been cut by 50%
 because the amendments we would make have been incorporated into the code. I think this
 reflects positively on the plumbing board and their commitment to their trade.

 Staff agrees with the recommendation the board is making to adopt the 2024 Uniform Plumbing
 Code.
 2024 Uniform Plumbing
 Code (UPC)
 Proposed Adoption
Published by the International Association of Plumbing
 and Mechanical Officials
Codes Presently Adopted by COT 2


RESIDENTIAL
• 2021 INTERNATIONAL RESIDENTIAL CODE (CH 1-10, APP F)
• 2009 INTERNATIONAL ENERGY CONSERVATION CODE

COMMERCIAL
• 2021 INTERNATIONAL EXISTING BUILDING CODE (IEBC)
• 2021 INTERNATIONAL ENERGY CONSERVATION CODE (IECC)
• 2021 INTERNATIONAL BUILDING CODE (IBC)
• 2021 INTERNATIONAL FIRE CODE (IFC)
• 2015 LIFE SAFETY CODE (LSC)
• 2010 ADA STANDARDS FOR ACCESSIBLE DESIGN

RESIDENTIAL / COMMERCIAL
• 2018 UNIFORM PLUMBING CODE
• 2023 NATIONAL ELECTRICAL CODE
• 2015 UNIFORM MECHANICAL CODE
Overview 3


City of Topeka recognizes the need to update building and trade
codes
 • Provides for safer and latest building standards
 • National codes are updated every 3 years
 • Best practice is to update every 6-9 years



Uniform Plumbing Code (UPC)
 • Published by the International Association of Plumbing and Mechanical Officials
 (IAPMO)
 • UPC provides consumers with safe and sanitary plumbing system, while at the
 same time allowing latitude for innovation and new technologies.
 • Contributors include plumbing inspectors, master and journeyman plumbers, and
 plumbing engineers, backed by public utility companies and the plumbing
 industry.
Neighboring Cities 4


 2012 2015 2018 2021
 Manhattan X
 Lawrence X
 Overland Park X
 Shawnee X
 Leavenworth X
 Olathe X
 Junction City X

  These communities are using the International Code and we are using the Uniform Code. The
  International Code tends to refer you to an additional code books for a complete
  implementation of the regulation.
Review Process 5


The Board Plumbing Appeals ( appointed by the council) led the review process. The
members of the board are as follows.
 • Jeff Romine, Professional Engineer
 • Charles Campbell, Master Plumber
 • Doug Snook, Master Plumber
 • Kris Carlson, Master Plumber
 • Paul Miller, Master Plumber

• The plumbing inspectors served as liaison to the board as they conducted the review.
• The adoption process was started in February of 2025.
• Staff also reached out to stakeholders to get their input, this included all licensed
  plumbing contractors and the Topeka Area Building Association.
Conclusion 6



• The Plumbing Board recommends that the 2024 UPC be
  adopted with amendments.

• Staff supports the boards recommendation
 1 (Published in the Topeka Metro News _______________________)
 2
 3 ORDINANCE NO. _____________
 4
 5 AN ORDINANCE introduced by City Manager Dr. Robert M. Perez, adopting the 2024
 6 Uniform Plumbing Code to replace the 2018 edition, amending and
 7 repealing sections of Chapter 14.35 of the Topeka Municipal Code.
 8
 9 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TOPEKA, KANSAS:

10 Section 1. That section 14.35.010, Uniform Plumbing Code – Adopted, of The

11 Code of the City of Topeka, Kansas, is hereby amended to read as follows:

12 Uniform Plumbing Code – Adopted.

13 (a) The 20182024 Uniform Plumbing Code, including all appendices, is hereby

14 adopted by reference and made part of the code for the city. The 20182024 Uniform

15 Plumbing Code Illustrated Training Manual and the 20182024 Uniform Plumbing Code

16 Answers and Analysis Manual as published by the International Association of Plumbing

17 and Mechanical Officials may be considered and applied by the authority having

18 jurisdiction to the extent necessary in the authority’s sole discretion to implement and

19 enforce this code.

20 (b) The following appendices are hereby adopted:

21 Appendix A – Recommended Rules for Sizing the Water Supply System.

22 Appendix B – Explanatory Notes on Combination Waste and Vent Systems.

23 Appendix C – Alternate Plumbing Systems.

24 Appendix D – Sizing Stormwater Drainage Systems.

25 Appendix E – Manufactured/Mobile Home Parks and Recreational Vehicle Parks.

26 Appendix G – Sizing of Venting Systems.

27 Appendix H – Private Sewage Disposal Systems.

28 Appendix I – Installation Standard for PEX Tubing Systems for Hot- and Cold-

 ORD/Adopt 2024 UPC 4/24/2025 1
29 Water Distribution and the Installation Standards for Trenchless

30 Insertion of Polyethylene (PE) Pipe for Sewer Laterals (set forth in

31 TMC 14.35.450).

32 Appendix J – Combination of Indoor and Outdoor Combustion and Ventilation

33 Opening Design.

34 Appendix K – Potable Rainwater Catchment Systems.

35 Appendix L – Sustainable Practices.

36 Appendix M – Peak Water Demand Calculator.

37 Appendix N – Impact of Water Temperature on the potential for scalding and

38 Legionella Growth.

39 Appendix O – Non-Sewered Sanitation Systems.

40 Appendix P – Professional Qualifications.

41 Appendix Q - Indoor Horticultural Facilities.

42 Appendix R – Tiny Houses.

43 Appendix S – Onsite Stormwater Treatment Systems.

44 Section 2. That section 14.35.050, 102.7 Moved Buildings, of The Code of the

45 City of Topeka, Kansas, is hereby amended to read as follows:

46 102.7, Moved BuildingsStructures.

47 Section 102.7, Moved BuildingsStructures, is hereby deleted in its entirety and the

48 following provisions shall be substituted therefor:

49 Plumbing systems that are part of buildings or structures moved into this

50 jurisdiction shall comply with the provisions of Chapter 8.60 TMC and Section 105.2 of

51 the 2018the currently adopted Uniform Plumbing Code.

52 Section 3. That section 14.35.070, 104.2 Exempt Work, of The Code of the City

 ORD/Adopt 2024 UPC 4/24/2025 2
53 of Topeka, Kansas, is hereby repealed.

54 104.2, Exempt Work.

55 104.2, Exempt Work, is hereby deleted in its entirety and the following provisions

56 shall be substituted therefor:

57 A permit shall not be required for the following:

58 (1) The stopping of leaks, in drains, soil, waste, or vent pipe, provided that a trap,

59 drainpipe, soil, wastes, or vent pipe become defective and it becomes necessary to

60 remove and replace the same with new material, the same shall be considered as new

61 work and permit shall be procured and inspection made as provided in this code.

62 Replacement of fixture fittings and/or faucets, tubular traps, continuous wastes and

63 tailpieces shall not require a permit.

64 (2) The clearing of stoppages, including the removal and reinstallation of water

65 closets, or the repairing of leaks in pipes, valves, or fixtures, provided such repairs do not

66 involve or require the replacement or rearrangement of valves, pipes or fixtures.

67 Exemption from the permit requirements of this code shall not be deemed to grant

68 authorization for work to be done in violation of the provisions of the code or other laws

69 or ordinances of this jurisdiction.

70 Section 4. That section 14.35.080, 104.5, Fees, of The Code of the City of

71 Topeka, Kansas, is hereby renumbered as 14.35.070.

72 Section 5. That section 14.35.090, 107.0, Board of Appeals, of The Code of the

73 City of Topeka, Kansas, is hereby renumbered as 14.35.080.

74 Section 6. That section 14.35.100, Definitions, of The Code of the City of

75 Topeka, Kansas, is hereby repealed.

76 Definitions.

 ORD/Adopt 2024 UPC 4/24/2025 3
 77 Chapter 2, Definitions, 204.0, Bathroom Group, is hereby deleted in its entirety and

 78 the following definition shall be substituted therefor:

 79 Bathroom Group. Any combination of fixtures, not to exceed one water closet, two

 80 lavatories, either one bathtub, or one combination bath/shower, and/or one shower, and

 81 may include a bidet and an emergency floor drain.

 82 Section 7. That section 14.35.110, 315.12.3, Tub Waste Openings, of The

 83 Code of the City of Topeka, Kansas, is hereby renumbered as 14.35.090.

 84 Section 8. That section 14.35.120, 314.4, Excavations, of The Code of the City

 85 of Topeka, Kansas, is hereby renumbered as 14.35.100.

 86 Section 9. That section 14.35.130, 314.4.1, Installation of Thermoplastic Pipe

 87 and Fittings, of The Code of the City of Topeka, Kansas, is hereby renumbered as

 88 14.35.110.

 89 Section 11. That section 14.35.140, 407.4, Transient Public Lavatories, of The

 90 Code of the City of Topeka, Kansas, is hereby renumbered as 14.35.120.

 91 Section 12. That section 14.35.150, 402.10, Slip Joint Connections, of The Code

 92 of the City of Topeka, Kansas, is hereby repealed.

 93 402.10, Slip Joint Connections.

 94 402.10, Slip Joint Connections, is hereby deleted in its entirety and the following

 95 provisions shall be substituted therefor:

 96 Fixtures having concealed slip joint connections shall be provided with a framed

 97 area no less than 12" x 18" to be used for access. This area may be covered with

 98 wallboard, paneling or other interior wall finishes.

 99 Section 13. That section 14.35.160, 414.3, Drainage Connections, of The Code

100 of the City of Topeka, Kansas, is hereby renumbered as 14.35.130.

 ORD/Adopt 2024 UPC 4/24/2025 4
101 Section 14. That section 14.35.170, 418.3 Location of Floor Drains, of The Code

102 of the City of Topeka, Kansas, is hereby renumbered as 14.35.140 and amended to read

103 as follows:

104 418.3, Location of Floor Drains.

105 418.3, Location of Floor Drains, is hereby deleted in its entirety and the following

106 provisions shall be substituted therefor:

107 Floor drains shall be installed in the following areas:

108 (1) Toilet rooms containing two or more water closets or a combination of one

109 water closet and one urinal, except in a dwelling unit.

110 (2) Commercial kitchens and in accordance with Section 704.3.

111 (3) Laundry rooms in commercial buildings and common laundry facilities in multi-

112 family dwelling buildings.

113 (4) Repair garages and/or gasolineservice stations where oil or flammable waste

114 may exist. Floor drains shall drain to an approved oil or flammable liquid interceptor

115 installed in accordance with Section 1017.0.

116 (5) Boiler rooms.

117 Section 15. That section 14.35.180, 418.6 Special Provisions, of The Code of the

118 City of Topeka, Kansas, is hereby renumbered as 14.35.150.

119 Section 16. That section 14.35.190, 422.1 Fixture Count, of The Code of the City

120 of Topeka, Kansas, is hereby renumbered as 14.35.160 and amended to read as follows:

121 422.1, Minimum Number of Required Fixtures Count.

122 422.1, Minimum Number of Required Fixtures Count, is hereby deleted in its

123 entirety.and the following provisions shall be substituted therefor:

124 Plumbing fixtures shall be provided for the type of building occupancy and in the

 ORD/Adopt 2024 UPC 4/24/2025 5
125 minimum number shown in Table 2902.1 of the International Building Code, 2015 Edition.

126 Section 17. That section 14.35.200, Table 422.1 Minimum Plumbing Facilities, of

127 The Code of the City of Topeka, Kansas, is hereby repealed.

128 Table 422.1, Minimum Plumbing Facilities.

129 Table 422.1, Minimum Plumbing Facilities, is hereby deleted in its entirety.

130 Section 18. That The Code of the City of Topeka, Kansas, is hereby amended by

131 adding a section, to be numbered 14.50.170, which said section reads as follows:

132 507.2, Seismic Provisions.

133 507.2, Seismic Provisions, is hereby deleted in its entirety.

134 Section 19. That section 14.35.210, 603.5.6, Protection from Lawn Sprinklers

135 and Irrigation Systems, of The Code of the City of Topeka, Kansas, is hereby renumbered

136 as 14.35.180 and amended to read as follows:

137 603.5.6, Protection from Lawn Sprinklers and Irrigation Systems.

138 603.5.6, Protection from Lawn Sprinklers and Irrigation Systems, is hereby deleted

139 in its entirety and the following provisions shall be substituted therefor:

140 Potable water supplies to systems having no pumps or connections for pumping

141 equipment, and no chemical injection or provisions for chemical injection, shall be

142 protected from backflow by one of the following devices:

143 (1) Atmospheric vacuum breaker (AVB);

144 (2) Pressure vacuum breaker backflow prevention assembly (PVB);

145 (3) Spill-resistant pressure vacuum breaker (SVB);

146 (4) Reduced pressure principle backflow prevention assembly (RP); or

147 (5) Valve complying with IAPO OS 72; or

148 (56) Approved double-check valve backflow prevention assembly (DC).

 ORD/Adopt 2024 UPC 4/24/2025 6
149 Section 20. That section 14.35.220, 603.5.17, Potable Water Outlets and Valves,

150 of The Code of the City of Topeka, Kansas, is hereby repealed.

151 603.5.17, Potable Water Outlets and Valves.

152 603.5.17, Potable Water Outlets and Valves, is hereby deleted in its entirety and

153 the following provisions shall be substituted therefor:

154 Potable water outlets, freeze-proof yard hydrants, combination stop and waste

155 valves, or other fixtures that incorporate a stop and waste feature that drains into the

156 ground shall not be installed underground. Freezeless yard hydrants, meeting the

157 requirements of ASSE 1057 (Freeze resistant Sanitary Yard Hydrants with Backflow

158 Protection) shall be approved for use within the City limits of Topeka. These devices are

159 to supply potable water without danger of damage to the hydrant due to freezing, to

160 provide protection of the potable water supply from contamination due to ground water,

161 and to prevent potential backflow by means of back siphonage with the installation of an

162 approved atmospheric vacuum breaker meeting the requirements of ASSE 1052

163 (Performance Requirements for Hose Connection Backflow Preventers).

164 Section 21. That section 14.35.230, 605.0, Joints and connections; 605.05,

165 Generally, of The Code of the City of Topeka, Kansas, is hereby renumbered as

166 14.35.190.

167 Section 22. That section 14.35.240, 606.2, Fullway Valve, of The Code of the

168 City of Topeka, Kansas, is hereby renumbered as 14.35.200.

169 Section 23. That section 14.35.250, 606.5, Control Valve, of The Code of the City

170 of Topeka, Kansas, is hereby renumbered as 14.35.210 and amended to read as follows.

171 606.5, Control Valve.

172 606.5, Control Valve, is hereby deleted in its entirety and the following provisions

 ORD/Adopt 2024 UPC 4/24/2025 7
173 shall be substituted therefor:

174 A control valve shall be installed immediately ahead of each water-supplied

175 appliance and immediately ahead of each slip joint or appliance supply.

176 Parallel water distribution systems shall provide a control valve either immediately

177 ahead of each fixture being supplied or installed at the manifold and shall be identified

178 with the fixture being supplied. Where parallel water distribution system manifolds are

179 located in attics, crawl spaces, or other locations not readily accessible, a separate shutoff

180 valve shall be required immediately ahead of each individual fixture or appliance served.

181 Water softening/conditioning equipment, not factory equipped with integral bypass

182 valves shall be required to have fullway type bypass valves of noncorrosive material

183 installed.

184 Section 24. That section 14.35.260, 608.5, Discharge Piping, Subsection (7), of

185 The Code of the City of Topeka, Kansas, is hereby renumbered as 14.35.220.

186 Section 25. That The Code of the City of Topeka, Kansas, is hereby amended by

187 adding a section, to be numbered 14.50.230, which said section reads as follows:

188 609.1, Installation; Exception.

189 609.1, Installation, is hereby amended by the addition of the following exception:

190 EXCEPTION: Building Supply yard piping minimum cover depth of 42”.

191 Section 26. That section 14.35.270, 609.11.2, Pipe Installation Wall Thickness,

192 of The Code of the City of Topeka, Kansas, is hereby renumbered as 14.35.240 and

193 amended to read as follows.

194 609.1112.2, Pipe Installation Wall Thickness.

195 609.1112.2, Pipe Installation Wall Thickness, is hereby deleted in its entirety and

196 the following provisions shall be substituted thereforamended by the addition of the

 ORD/Adopt 2024 UPC 4/24/2025 8
197 following exception:

198 Hot water pipe insulation shall have a minimum wall thickness of not less than 1

199 inch (25 mm) for a pipe ½ inch (13 mm) up to 1 ¼ inch (32 mm) in diameter. Insulation

200 wall thickness shall not be less than 1 ½ inches (37 mm) for a pipe of 2 inches (51 mm)

201 or more in diameter, this can be reduced to 1 inch (25 mm) if piping is located within a

202 partition within a conditioned space.

203 (3) Piping insulation within an interior partition of a conditioned building can be

204 reduced to a minimum wall thickness of one inch (1”).

205 Section 27. That section 14.35.280, Table 610.3, of The Code of the City of

206 Topeka, Kansas, is hereby renumbered as 14.35.250.

207 Section 28. That section 14.35.290, 610.8, Size of Meter and Building Supply

208 Pipe, of The Code of the City of Topeka, Kansas, is hereby repealed.

209 610.8, Size of Meter and Building Supply Pipe.

210 610.8, Size of Meter and Building Supply Pipe Using Table 610.4, is hereby

211 deleted in its entirety and the following provisions shall be substituted therefor:

212 The size of the meter and the building supply pipe shall be determined as follows:

213 (1) Determine the available pressure at the water meter or other source of supply.

214 (2) Subtract one-half (1/2) pound per square inch pressure (3.4 kPa) for each foot

215 (305 mm) of difference in elevation between such source of supply and the highest water

216 supply outlet in the building or on the premises.

217 (3) Use the “pressure range” group within which this pressure will fall using Table

218 610.4.

219 (4) Select the “length” column that is equal to or longer than the required length.

220 (5) Follow down the column to a fixture unit value equal to or greater than the total

 ORD/Adopt 2024 UPC 4/24/2025 9
221 number of fixture units required by the installation.

222 (6) Having located the proper fixture unit valve for the required length, sizes of

223 meter and building supply pipe as found in the two left-hand columns shall be applied.

224 No building supply pipe shall be less than three-quarter (3/4) inch (20 mm) in diameter;

225 provided, however, in residential remodeling a maximum of twenty-eight (28) fixture units

226 shall be allowed to be connected to an existing three-quarter (3/4) inch (20 mm) water

227 service. Houses or apartments that are one thousand (1,000) square feet in area or larger

228 shall have a minimum one (1) inch (25 mm) water meter and service line.

229 Section 29. That section 14.35.300, 705.6.2, Solvent Cement Joints, of The

230 Code of the City of Topeka, Kansas, is hereby renumbered as 14.35.260.

231 Section 30. That section 14.35.310, 705.8.1.1, ETCO “T” Cone and Couple

232 Adapters, of The Code of the City of Topeka, Kansas, is hereby renumbered as

233 14.35.270.

234 Section 31. That section 14.35.320, 707.4, Location, of The Code of the City of

235 Topeka, Kansas, is hereby repealed.

236 707.4, Location.

237 707.4, Location, is hereby deleted in its entirety and the following provisions shall

238 be substituted therefor:

239 Each horizontal drainage pipe shall be provided with a cleanout at its upper

240 terminal, and each run of piping, that is more than one hundred (100) feet (30,480 mm)

241 in total developed length, shall be provided with a cleanout for each one hundred (100)

242 feet (30,480 mm), or fraction thereof, in length of such piping.

243 Exceptions:

244 (1) Cleanouts may be omitted on a horizontal drain line less than five (5) feet (1,524

 ORD/Adopt 2024 UPC 4/24/2025 10
245 mm) in length unless such line is serving sinks or urinals.

246 (2) Cleanouts may be omitted on any horizontal drainage pipe installed on a slope

247 of seventy-two (72) degrees (1.26 rad) or less from the vertical angle (angle of one-fifth

248 (1/5) bend).

249 (3) Excepting the building drain and its horizontal branches, a cleanout shall not

250 be required on any pipe or piping that is above the floor level of the lowest floor of the

251 building.

252 (4) An approved type of two-way cleanout fitting, installed inside the building wall

253 near the connection between the building drain and the building sewer or installed outside

254 of a building at the lower end of a building drain and extended to grade, may be

255 substituted for an upper terminal cleanout.

256 (5) A cleanout shall be installed above the flood level rim of all urinals with integral

257 traps.

258 Section 32. That section 14.35.330, 710.1, Backflow Protection, of The Code of

259 the City of Topeka, Kansas, is hereby renumbered as 14.35.280.

260 Section 33. That section 14.35.340, 712.2 Water Test, of The Code of the City of

261 Topeka, Kansas, is hereby renumbered as 14.35.290.

262 Section 34. That section 14.35.350, 723.1, Building Sewer Test, General, of The

263 Code of the City of Topeka, Kansas, is hereby renumbered as 14.35.300.

264 Section 35. That section 14.35.360, 807.3, Domestic Dishwashing Machines, of

265 The Code of the City of Topeka, Kansas, is hereby renumbered as 14.35.310.

266 Section 36. That section 14.35.370, 905.2, Horizontal Drainage Pipes, of The

267 Code of the City of Topeka, Kansas, is hereby renumbered as 14.35.320.

268 Section 37. That section 14.35.380, 1001.1.1, Domestic Kitchen Sink Exception,

 ORD/Adopt 2024 UPC 4/24/2025 11
269 of The Code of the City of Topeka, Kansas, is hereby renumbered as 14.35.330.

270 Section 38. That section 14.35.390, 1014.1.4, Exceptions, of The Code of the

271 City of Topeka, Kansas, is hereby renumbered as 14.35.340.

272 Section 39. That section 14.35.400, 101.10, Filling Stations and Motor Vehicle

273 Washing Establishments, of The Code of the City of Topeka, Kansas, is hereby

274 renumbered as 14.35.350.

275 Section 40. That The Code of the City of Topeka, Kansas, is hereby amended by

276 adding a section, to be numbered 14.50.360, which said section reads as follows:

277 1211.3, Arc-Resistant Jacketed CSST.

278 1211.3, Arc-Resistant Jacketed CSST is hereby deleted in its entirety.

279 Section 41. That section 14.35.410, 1208.6.3.2, Copper and Copper Alloy Pipe,

280 of The Code of the City of Topeka, Kansas, is hereby repealed.

281 1208.6.3.2, Copper and Copper Alloy Pipe.

282 1208.6.3.2, Copper and Copper Alloy Pipe, is hereby deleted in its entirety and the

283 following provisions shall be substituted therefor:

284 Copper and brass pipe shall not be used if the gas contains more than an average

285 of 0.3 grains of hydrogen sulfide per 100 scf of gas (0.7 mg/100 L). Copper or brass pipe

286 shall only be allowed if the natural gas supplier shall warrant in writing that the hydrogen

287 sulfide content of the gas shall at all times be below the aforementioned amount.

288 Therefore copper and copper alloy pipe and fittings may not be used within the City limits

289 of Topeka. All references in the 2018 Uniform Plumbing Code to copper pipe and tubing

290 as a material acceptable for gas piping as well as the brazing and sizing requirements for

291 copper are hereby repealed.

292 Section 42. That section 14.35.420, 1208.6.4.2, Copper and Copper Alloy

 ORD/Adopt 2024 UPC 4/24/2025 12
293 Tubing, of The Code of the City of Topeka, Kansas, is hereby repealed.

294 1208.6.4.2, Copper and Copper Alloy Tubing.

295 1208.6.4.2, Copper and Copper Alloy Tubing, is hereby deleted in its entirety and

296 the following provisions shall be substituted therefor:

297 Copper and brass tubing shall not be used if the gas contains more than an

298 average of 0.3 grains of hydrogen sulfide per 100 scf of gas (0.7 mg/100 L). Copper or

299 brass tubing shall only be allowed if the natural gas supplier shall warrant in writing that

300 the hydrogen sulfide content of the gas shall at all times be below the aforementioned

301 amount. Therefore copper and copper alloy tubing and fittings may not be used within the

302 city limits of Topeka. All references in the 2018 Uniform Plumbing Code to copper pipe

303 and tubing as a material acceptable for gas piping as well as the brazing and sizing

304 requirements for copper are hereby repealed.

305 Section 43. That section 14.35.430, 1208.6.11.1, Pipe Joints, of The Code of the

306 City of Topeka, Kansas, is hereby repealed.

307 1208.6.11.1, Pipe Joints.

308 1208.6.11.1, Pipe Joints, is hereby deleted in its entirety and the following

309 provisions shall be substituted therefor:

310 Pipe joints shall be threaded, flanged, brazed, welded, or press-connect fittings

311 that comply with CSA LC-4. Where nonferrous pipe is brazed, the brazing materials shall

312 have a melting point in excess of 1,000° F (538° C). Brazing alloys shall not contain more

313 than 0.05 percent phosphorus. (NFPA 54:5.6.8.1) Welded joints on ferrous piping shall

314 be performed by individuals licensed as journeymen in the plumbing or mechanical trade

315 with a current certification of welding competency from a state recognized testing agency.

316 The testing requirements for the welder’s competency shall be based on the requirements

 ORD/Adopt 2024 UPC 4/24/2025 13
317 of the ASME Boiler and Pressure Vessel Code, Section IX.

318 Section 44. That section 14.35.440, 1208.6.12.2, Heat-Fusion Joint, of The Code

319 of the City of Topeka, Kansas, is hereby repealed.

320 1208.6.12.2, Heat-Fusion Joint.

321 1208.6.12.2, Heat-Fusion Joint, and Fittings is hereby deleted in its entirety and

322 the following provisions shall be substituted therefor:

323 Heat-fusion joints shall be made in accordance with qualified procedures that have

324 been established and proven by test to produce gastight joints at least as strong as the

325 pipe or tubing being joined. Joints shall be made with the joining method recommended

326 by the pipe manufacturer. Heat-fusion fittings shall be marked “ASTM D 2513.” All joints

327 in approved heat fusion welded plastic gas piping shall be performed by individuals who

328 are licensed as journeyman in the plumbing or mechanical trade and certified to do heat

329 fusion welding by the manufacturer of the piping being installed.

330 Section 45. That section 14.35.450, Appendix I, of The Code of the City of

331 Topeka, Kansas, is hereby repealed.

332 Appendix I.

333 Appendix I is hereby amended by the addition of the following provisions for

334 Installation Standards for Trenchless Insertion of Polyethylene (PE) Pipe for Sewer

335 Laterals:

336 IAPMO IS 26-2006

337 1.0Scope.

338 1.1 Scope.

339 This standard shall govern the Trenchless Installation of Polyethylene (PE) pipe

340 for use in sanitary and storm sewers. The installed pipe shall comply with the

 ORD/Adopt 2024 UPC 4/24/2025 14
341 requirements of the Uniform Plumbing Code (UPC) published by the International

342 Association of Plumbing and Mechanical Officials (IAPMO) as to grade and connections

343 to existing pipe and shall also comply with this standard.

344 Note: The following sections of the Uniform Plumbing Code apply:

345 103.5.6Testing of Systems

346 103.5.7.2Responsibility

347 103.5.8Other Inspections

348 103.5.81Defective Systems

349 103.6.1Other Connection

350 218.0Definition of PE

351 301.1Minimum Standards

352 309.0 Workmanship

353 312.0Protection of Piping and Materials and Structures

354 314.0 Trenching, Excavating and Backfill

355 Chapter 7Sanitary Drainage

356 701.2Drainage Fittings

357 705.11.3Plastic Pipe to Other Materials

358 2.0PRODUCT REQUIREMENTS

359 2.1 Minimum Standards

360 2.1.1Materials. Materials shall comply with the following: The polyethylene pipe

361 used is covered by the American Society for Testing (ASTM) standards listed later in this

362 standard. [UPC 301.1]

363 Materials: HDPE Extra High Molecular Weight 3408 SDR 17 Pipe Socket-Type PE

364 Fittings for Outside Diameter-Controlled Polyethylene Pipe.

 ORD/Adopt 2024 UPC 4/24/2025 15
365 Note: The HDPE 3408 SDR 17 pipe used in this process was selected because of

366 its ability to retain its circular shape even when bent on a 4-foot radius during and after

367 installation.

368 2.1.2Table 1401.1 Standards.

369 ASTM D 2239

370 ASTM D 2447

371 ASTM D 2657

372 ASTM D 2683

373 ASTM D 3261

374 ASTM F 714

375 ASTM F 894

376 IAPMO PS 25

377 2.2Protection of Pipe.

378 2.2.1Storage and Handling. Pipe shall be stored in a way to protect it from

379 mechanical damage (slitting, puncturing, etc.). It shall be stored under cover to keep it

380 clean and avoid long term exposure to sunlight. Exposure to sunlight during normal

381 construction periods is not harmful.

382 2.3Types of Joints. PE joints shall be made as follows:

383 2.3.1 Molded Rubber Coupling Joints. Molded rubber coupling joints shall be

384 installed in accordance with Appendix I of the UPC and with section 705.

385 2.3.2 Shielded Coupling Joints. Shielded coupling joints shall be installed in

386 accordance with Appendix I of the UPC and with section 705.4.2.

387 2.3.4 Hubless Cast Iron Pipe Joints. Hubless cast iron pipe joints shall be installed

388 in accordance with Appendix I of the UPC and with section 705.4.2.

 ORD/Adopt 2024 UPC 4/24/2025 16
389 2.3.5 Heat Fusion Joints. Heat fusion joints shall be made according to the

390 manufacturer’s procedure, installation instructions, and either ASTM D 2659 or ASTM D

391 3261.

392 2.4Trenchless Installation of sewers will be as follows:

393 I.Preliminary Steps. Inspect the inside of the sewer line using a television camera

394 and video tape recorder to ascertain the line condition. Mark the details revealed by the

395 video inspection including:

396 1. The ground surface to show the location of the lateral tie of the city wye.

397 2. The line location with an arrow in the street pointing back at the lateral.

398 3. The property denoting the lateral location.

399 4. The locations of the proposed excavations.

400 Obtain utility line identification service contact information and all applicable

401 permits.

402 II.Excavation. In addition to the above markings, the local utility companies will

403 mark utilities. Considerations are soil density; clearance from obstacles, utilities, and

404 structures; location of bends; and water service locations. Excavations and shoring shall

405 be in accordance with jurisdictional safety requirements.

406 III. Set Up. Fuse the proper length of polyethylene pipe in accordance with ASTM

407 D 2657 and fuse the end to a small length that is attached to the pulling head. A rod

408 pusher cable is pushed through the damaged host pipe and attached to the pulling cable,

409 which is then drawn through the pipe. The clevis end of the cable is attached to the pulling

410 head. The pulling equipment is then set up according to the manufacturer’s instructions.

411 IV. Pulling. Pull the pulling head through. Once the pull is done, complete the

412 connection to the existing piping.

 ORD/Adopt 2024 UPC 4/24/2025 17
413 2.5 Cleanouts. Cleanouts shall be installed in accordance with UPC Section 707.0.

414 2.6Inspections. The completed piping shall be internally inspected by television

415 camera unless waived by the Administrative Authority. [UPC 103.5]

416 2.7Testing. Completed piping shall be subjected to testing in accordance with

417 Section 712.0 or 723.0 of the UPC.

418 Section 46. That original § 14.35.010, § 14.35.050, § 14.35.170, § 14.35.190, §

419 14.35.200, § 14.35.210, § 14.35.250 and § 14.35.270 of The Code of the City of Topeka,

420 Kansas, are hereby specifically repealed.

421 Section 47. This ordinance shall take effect and be in force effective 90 days after

422 its passage, approval and publication in the official City newspaper.

423 Section 48. This ordinance shall supersede all ordinances, resolutions or rules,

424 or portions thereof, which are in conflict with the provisions of this ordinance.

425 Section 49. Should any section, clause or phrase of this ordinance be declared

426 invalid by a court of competent jurisdiction, the same shall not affect the validity of this

427 ordinance as a whole, or any part thereof, other than the part so declared to be invalid.

428 PASSED AND APPROVED by the Governing Body on ____________________.
429
430 CITY OF TOPEKA, KANSAS
431
432
433
434 __________________________________
435 Michael A. Padilla, Mayor
436 ATTEST:
437
438
439
440 ________________________________
441 Brenda Younger, City Clerk




 ORD/Adopt 2024 UPC 4/24/2025 18
 COMMITTEE REFERRAL SHEET
 COMMITTEE REPORT
 Name of Policy & Finance
 Committee:

 Title: Ordinance adopting the 2024 Uniform Plumbing Code to
 replace the 2018 edition.

Date referred
from Council
 meeting:

Date referred May 14, 2025
 from
 Committee:

  Committee MOTION: Committee chair Duncan made a motion to
 Action: approve and move forward to the Governing Body for
 action. Committee member Hoferer seconded. Motion
 approved 3-0-0.



  Comments:



 Members of Councilmembers Spencer Duncan (Chair), Marcus Miller,
 Committee: Michelle Hoferer
Agenda Date June 17, 2025
 Requested:
 CITY OF TOPEKA
 CITY COUNCIL Tonya Bailey, Sr Executive Assistant
 City Hall, 215 SE 7th St., Room 255 Tara Jefferies, Sr Executive Assistant
 Topeka, KS 66603-3914 E-mail: councilassist@topeka.org
 (785) 368-3710 www.topeka.org


 EXCERPT
 HOLLIDAY 1st FLOOR CONFERENCE ROOM, Topeka, Kansas, Wednesday, May 14,
2025. The Policy & Finance Committee members met at 11:00 A.M., with the following
Committee members present: Duncan (Chair), Marcus Miller, Michelle Hoferer.

 The following is an excerpt of the draft minutes from the meeting:

 APPROVAL by the Committee to proceed to the Governing Body for consideration of an
Ordinance to adopt the 2024 Uniform Plumbing Code to replace the 2018 edition.

2024 Uniform Plumbing Code (UPC) Proposed Adoption
Division Director of Development Services Richard Faulkner spoke to the
Board of Plumbing Appeals; the 2024 Uniform Plumbing Code is
recommending the City of Topeka adopt the code. The code is the most
current code and addresses changes in the industry and will improve safety
in the community. He added that best practice is to update within 9 years
of the latest code. He spoke to neighboring cities in Kansas are using the
International Code and the City of Topeka uses the Uniform Code. The
International Code tends to refer to an additional code books for a complete
implementation of the regulation. The Uniform Code gives more
comprehensive information for contractors.

Richard Faulkner added information on the Board Plumbing Appeals and the
review process. Plumbing inspectors also serve as liaisons to the board as
they conduct the review. He expressed the importance to have a board made
up of people in the field and inspectors. He continued to add the
recommendation includes a 50% cut incorporated into the code and believes
it reflects on positively on the plumbing board and their commitment to
their trade. Lastly, he added staff supports the board’s recommendation to
adopt the 2024 UPC.

Committee chair Spencer Duncan asked if the Plumbing Board is full.
Richard Faulkner confirmed it is full.

Committee chair Spencer Duncan referenced two codes that are reaching 15
years. He referenced the International Energy Conservation Code for

Presented at the June 17, 2025 Governing Body Meeting
residential and ADA Standards for Accessible Design. Faulkner stated that
due to concern from residential builders from increases in construction
costs it was determined to stay with the 2009 Energy Conservation Code.
He continued to add that the ADA Standers for Accessible Design does not
have an updated version.

Committee chair Spencer Duncan and Committee member Marcus Miller
concurred the importance to review the exceptions to the 2009 Energy
Conservation Code codes for developers and homeowners. Faulkner stated
that he would report back to the Policy and Finance Committee on a review.

MOTION: Committee chair Duncan made a motion to approve and move
forward to the Governing Body for action. Committee member Hoferer
seconded. Motion approved 3-0-0.




 ***************************




Presented at the June 17, 2025 Governing Body Meeting Page 2
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 June 17, 2025


DATE: June 17, 2025
CONTACT PERSON: DOCUMENT #:
SECOND PARTY/SUBJECT: Public Comment PROJECT #:
 Protocol
CATEGORY/SUBCATEGORY
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:
PUBLIC COMMENT PROTOCOL
VOTING REQUIREMENTS:
POLICY ISSUE:
STAFF RECOMMENDATION:
BACKGROUND:
Governing Body Rule 5.5

(c) Public Comment on a specific agenda item: Comments from members of the public concerning a
specific agenda item will be heard at the time the item is considered. Persons will be limited to addressing the
governing body one (1) time on a particular matter unless otherwise allowed by a vote of six (6) or more members
of the governing body.

(d) General public comment: Requests by members of the public to speak during the public comment portion
of a regular governing body meeting will be placed on the agenda on a "first-come, first-served" basis. The
request should state the name of the individual(s) desiring to be heard. Each such individual shall be limited to
addressing the governing body one (1) time and his or her comments shall be limited to topics directly relevant to
business of the governing body; provided however, that comments pertaining to personnel and litigation matters
shall not be allowed.

Procedures for Addressing the Governing Body
In accordance with Governing Body Rules 5.6 and 5.7, the following protocols for public comment apply:
 Each person shall state his or her name and city of residence in an audible tone for the record.
 All remarks shall be addressed to the Governing Body as a whole -- not to any individual member.
 In order to provide additional time for as many individuals as possible to address the Governing Body, each
 individual signed up to speak will need to complete his or her comments within four minutes.

The following behavior will not be tolerated from any speaker:

 Uttering fighting words
 Slander
 Speeches invasive of the privacy of individuals (no mention of names) Unreasonably Loud Speech
 Repetitious Speech or Debate
 Speeches so disruptive of proceedings that the legislative process is substantially interrupted

Any speaker who engages in this type of behavior will be warned once by the presiding office (Mayor). If the
behavior continues, the speaker will be ordered to cease his or her behavior. If the speaker persists in interfering
with the ability of the Governing Body to carry out its function, he or she will be removed from the City Council
Chambers or Zoom meeting room.

Members of the public, Governing Body and staff are expected to treat one another with respect at all times.
Zoom Meeting Protocol

 Make sure your Zoom name, email and/or phone number matches what was submitted to the City Clerk
 when you signed up for public comment. Any misnamed or unauthorized users will not be admitted to
 Zoom.
 Please keep your mic muted and your camera off until you are called by the Mayor to give your comment.
 If you are cut off during your comment time due to an internet connection or technical issue, you will need
 to submit your comments in writing to the City Clerk atcclerk@topeka.orgor 215 SE 7thStreet, Room
 012B, Topeka, KS 66603 for attachment to the minutes.
 If you break any of the public comment rules, you will receive one warning from the Mayor. If you continue
 any prohibited behavior, you will be removed from the Zoom meeting room and will not be allowed to rejoin.
 Public comment is limited to four minutes. You may receive an extension at the discretion of the Governing
 Body. The timer will be visible to you in the ‘City of Topeka Admin’ window on the Zoom app. Call-in users
 will hear one beep when a minute is remaining and then another beep when time has expired.
 Please do not share the Zoom login information with anyone. Any unauthorized users will not be admitted to
 the Zoom meeting room.
BUDGETARY IMPACT:
SOURCE OF FUNDING:

Governing Body Minutes – June 17, 2025

 CITY COUNCIL CHAMBERS, Topeka, Kansas, Tuesday, June 17, 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, Ortiz, Kell, Miller, Dobler, Duncan and

Hoferer -7. Mayor Padilla presided -1. Absent: Councilmembers Valdivia-Alcala and Banks -2.

 Public comment for the meeting was available via Zoom or in-person. Individuals were

required to contact the City Clerk's Office at 785-368-3940 or via email at cclerk@topeka.org

by no later than 5:00 p.m. on June 17, 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 June 17, 2025, for attachment to the meeting minutes.

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

Pastor Shampayne Lloyd, Shampayne Lloyd Ministries and Topeka Police Department

Champlain.

 THE PLEDGE OF ALLEGIANCE was recited by meeting participants.

 PRESENTATION on the 2026 Downtown Business Improvement District (BID) was

provided by Sean Dixon, Interim President of Downtown Topeka, Inc., and president of Visit

Topeka, Inc.

 Councilmember Hiller commended Sean Dixon for his service as Interim President. She

expressed her appreciation to business owners, residents and community partners for their

tremendous support in growing downtown.

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 Mayor Padilla commended Sean Dixon for his service to the community as President of

 Visit Topeka, Inc., and while serving as Interim President of Downtown Topeka, Inc.

 AN UPDATE on the Topeka Performance Arts Center (TPAC) was provided by Daniel

Kays, TPAC Executive Director.

 Councilmember Hiller thanked TPAC for working to stay connected with businesses and

the downtown area. She announced TPAC was now part of the Downtown Common

Consumption Area.

 Councilmember Kell requested Daniel Kays notify the Governing Body when the Friends

of TPAC program resumes.

 Councilmember Hoferer inquired on the fees associated with becoming a Friend of

TPAC.

 Councilmember Duncan commended Daniel Kays for his success in obtaining private

dollar sponsorships and urged him to continue his efforts.

 Mayor Padilla commended Daniel Kays for his work in making TPAC an active partner

in the downtown area.

 Executive Director Kays stated it would cost $100 to become a member of the Friends of

TPAC and a minimum of $250 to obtain exclusive parking in the Capitol Federal Parking Lot for

events.

 CONSENT AGENDA was presented as follows:

 RESOLUTION NO. 9678 introduced by Councilmember Sylvia Ortiz, granting Randy

Wheat an exception to the provisions of City of Topeka Code Section 9.45.150, et seq.,

concerning noise prohibitions, was presented. (Council District No. 3)


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 RESOLUTION NO. 9679 introduced by Councilmember Sylvia Ortiz, granting

Fellowship Hi-Crest Church an exception to the provisions of City of Topeka Code Section

9.45.150, et seq., concerning noise prohibitions, was presented. (Council District No. 3)

 RESOLUTION NO. 9680 introduced by Councilmember Marcus Miller, granting David

Vincent an exception to the provisions of City of Topeka Code Section 9.45.150, et seq.,

concerning noise prohibitions, was presented. (Council District No. 6)

 APPROVAL of the following Cereal Malt Beverage Off-Premise license applications,

were presented:

 Business Name Address
 Fast Track 2 1401 SW Huntoon Street
 Buy & Ride #7 810 SE 15th Street
 Dillons #87 5311 SW 22nd Place
 Dollar General Store #4046 1920 SW 10th Avenue
 Dollar General Store #1171 1001 SW Fairlawn Road
 Dollar General Store #2703 2500 SE California Avenue
 Dollar General Store #15245 4500 SE California Avenue
 Dollar General Store #3618 3401 SW Topeka Boulevard
 Dollar General Store #12745 2515 SE 6th Street
 Dollar General Store #13381 3410 SE 29th Street
 Dollar General Store #3085 2042 NW Topeka Boulevard

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

Councilmember Duncan carried unanimously. (8-0-0)

 RESOLUTION NO. 9681 introduced by City Manager Dr. Robert M. Perez, setting the

public hearing for consideration of the adoption of the Topeka Tax Increment Financing District

(TIF) Project Plan (30th & Topeka, Inc.) at the Northeast quadrant of Topeka Boulevard and 30th

Street in the Topeka Redevelopment District, was presented.




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 Rhiannon Friedman, Director of Planning and Development, reported approval will set a

public hearing date of August 12, 2025, where the Governing Body will consider the creation of

a TIF District near NE Topeka Boulevard and 30th Street.

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

Councilmember Miller carried unanimously. (8-0-0)

 RECEIPT of the 2025 Citizens Government Review Committee Recommendations

Report was presented.

 Jim Kaup, Citizen Government Review Committee Chair, reported Topeka Municipal

Code requires the Governing Body to impanel a committee of five electors every 10 years to

review the City's form of government. He stated the Committee met 11 times and agenda

meeting packets, meeting minutes and meeting videos can be viewed online at

www.topeka.org/bccc/citizens government-review-committee. He provided an overview of the

final Committee Recommendations as follows:

 • Retain the Current Form of Government.
 • Retain current Elections, Terms and City Council Districts
 • Implement Follow-up Mechanisms for Committees/Boards/Commissions
 • Utilize Interlocal Cooperation where possible between governments and other entities
 • Establish the Office of City Auditor
 • Adjust the Composition of future Citizen Government Review Committees
 • Enforcement of Roles and Ethics of Governing Body Members

 Councilmember Kell spoke in support of interlocal cooperation and suggested quarterly

meetings be scheduled to support these efforts. He inquired if the role of the proposed City

Auditor would be considered more of a citizen liaison.




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 Zachary Surritt explained it would be geared more towards performance audits and

operations to better understand where tax dollars are being spent, and the position would report

to the Governing Body instead of City administrative staff.

 Councilmember Hoferer referenced Committee guest speaker Douglas Jones, Johnson

County Auditor, and noted he was very informative about City Auditor duties. She asked why the

Administrative Judge was advised to chair future Redistricting committees and why home

addresses of current council district representatives need to be considered.

 Chair Kaup stated in regard to the chair of future Redistricting committees, the intent was

to have someone who has no political interference with the process.

 Zachary Surritt shared this was a common practice in other cities and it would allow

redistricting at all levels to be fair, equitable and nonpartisan.

 Councilmember Ortiz asked if they received input from citizens about reinstating the

strong mayor form of government or the commission form of government.

 Chair Kaup reported they received input from one person in support of the strong mayor

form of government, otherwise all input received was in support of the current form of

government.

 Councilmember Miller thanked Committee members Brian Broxterman, Constance

(Connie) Jacobson (Vice Chair), Jim Kaup (Chair), Shampayne Lloyd, Tamara Martin, and

Zachary Surritt (Alternate) for their service. He referenced the recommendation related to ethics

and asked for further explanation.

 Zachary Surritt clarified the recommendation was based on past situations of interference

or undue influence from individual councilmembers as well as bullying by elected officials. He

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explained this would ensure City staff have a mechanism to report these types of situations and

having elected officials sign a code of ethics will help remind them of accountability measures

for the future of any public servant.

 Councilmember Hiller thanked the Committee for their service. She referenced her

concerns raised about Kansas Open Meetings Act (KOMA) violations as it relates to the mayor

communicating with other councilmembers as a 10-member body. She asked if the Committee

was assuming the City Auditor position would serve as the ethics ”watchdog.” She suggested

they take inventory of current interlocal cooperation agreements with surrounding area water

districts as well as other services.

 Chair Kaup suggested the Governing Body review the Johnson County Auditor’s website

if they consider creating a City Auditor position. He stated he believes there are several

opportunities for interlocal cooperation at all levels of government and services.

 Councilmember Duncan spoke to the value of elected officials reading and understanding

their city’s charter ordinance.

 Councilmember Duncan moved to defer that item until July 1, 2025, to allow the

Governing Body time to review the recommendations. The motion died due to a lack of a

second.

 Discussion ensued on further review of the recommendations and how the Governing

Body should proceed with the recommendations.

 Councilmember Miller moved to receive the 2025 Citizen Government Review

Recommendations Report and refer it to the Policy and Finance Committee for further review.

The motion seconded by Councilmember Kell carried unanimously on roll call vote. (7-0-0)

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 ORDINANCE NO. 20568 introduced by City Manager Dr. Robert M. Perez, updating

anti-discrimination policies in the Topeka Municipal code, amending and repealing original

Sections 2.105.010, 2.105.040, 2.105.050, 2.255.040, 3.30.440, 3.30.470, 3.30.480, 9.20.020 and

9.20.030 and repealing in their entireties Sections 2.20.120, 3.30.420 and 3.30.460, was

presented. (Approved by the Policy & Finance Committee on June 10, 2025)

 Councilmember Duncan, Policy and Finance Committee Chair, stated following

discussion from the Governing Body meeting of May 6, 2025, the ordinance was referred to the

Policy and Finance Committee for further review. The Committee gathered input from citizens

and worked with Staff to minimize changes. The Committee was recommending approval of the

amendments focusing on the removal of the affirmative action language based on some of the

affirmative action mandates. However, in retrospect he believes the Committee may have missed

the opportunity to insert and/or retain language related to the tracking of the information in a

couple of sections of the ordinance - which would still be allowed. He suggested adopting the

ordinance as presented with the understanding the language will be reviewed and revised by the

Policy and Finance Committee on July 8, 2025, and brought back to the Governing Body for

approval. He stated that by adopting the proposed ordinance at this time, it allows the City to

move forward with changes that are positive as well as meet Federal funding deadlines; or the

ordinance could be amended as follows:

 • Retain Section 8 related to Affirmative action programs starting on line 197
 • Begin Section 8 with line 222 and renumber “(3) Program Review Committee” to “(1)
 Program Review Committee”
 • Retain lines 222-226
 • Retain the remainder of the sentence “the City Manager.” on line 227
 • Retain the language “All recommendations and determinations of the review
 committee may be appealed to the City Manager, whose decision shall be final and

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 binding. The committee shall have the following duties and responsibilities:” on lines
 229-231
 • Retain lines 232, 233 and the remainder of the sentence “enterprise participation on
 City contracts.” on line 234
 • Change the term “percentage goals” to “objectives” on line 232
 • Retain lines 239-240
 • Retain line 243
 • Retain the word “utilization.” on line 246

 He stated the amendments would continue to allow Staff to provide and track data as it

relates to contract spending trends (who, what and where) under the Equal Opportunity Act – all

allowed under Federal law and executive orders.

 Danielle Twemlow stated she believes Topeka was the only City in the state making these

drastic changes based on executive orders not laws. She questioned why affirmative action

language was being removed as it pertains to federal contractors not federal grants along with

other protections that that have been removed addressing discrimination in the workplace.

 Dr. Glenda Overstreet-Vaughn spoke in opposition to the proposed ordinance and urged

the City of Topeka to do the right thing and not be manipulated by the Federal Government and

become financially sustainable.

 Amanda Stanley, City Attorney, referenced the support documents included in the agenda

packet that required the proposed language changes - which would be considered a policy

decision to be made by the Governing Body.

 Mayor Padilla asked Councilmember Duncan if he has a sense of what other cities are

doing or how they are handling these changes. He recommended the Governing Body consider

the language amendments through the “scope” of policy change instead of just an ordinance

change.


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 Councilmember Duncan stated some cities have lost funding and are trying to figure out

how to regain funding; other cities made changes in previous years in anticipation of the

mandates; and some cities have managed to make changes to their charters without drawing

attention to the amendments. He reminded citizens and Governing Body members that Federal

housing dollars are being threatened if they do not make the language changes. He noted the

Governing Body and Staff will continue to review mandates and make changes as they deem

necessary to address concerns.

 Councilmember Kell spoke to the difficulty of making these types of decisions and

expressed concern with the Federal Government directing and/or forcing the City of Topeka to

make these types of policy changes.

 Councilmember Hiller stated the removal of affirmative action language still allows for

Equal Opportunity Employment. She spoke in support of the amendments as presented and the

importance of building language definitions the Governing Body believes in as they move

through process changes and these types of difficult situations.

 Councilmember Miller clarified Governing Body members understand what needs to be

done and the City of Topeka does not support discrimination against its employees. He spoke in

support of the ordinance as presented and offered to explain the amendments to those who may

misunderstand the purpose of the document. He reminded Citizens the Governing Body can

always revisit the ordinance at a later date.

 Mayor Padilla stated he believes Governing Body members do not put monetary gains

above the citizens of the community. He expressed his hope that citizens would support and




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understand what they are trying to accomplish as it relates to retaining valuable housing

resources for the City.

 Councilmember Duncan spoke to the perception of the public in these types of decisions

by Governing Body members. He stated they must balance the reality of the situation and the

consequences of losing $45-$50 million in HUD funding.

 Councilmember Duncan moved to adopt the ordinance with the intent for further review

of his proposed language amendments at the July 8, 2025, Policy and Finance Committee

meeting with final approval of changes by the entire Governing Body. The motion was seconded

by Councilmember Miller.

 Councilmember Ortiz stated the Federal Government continues to review every word of

grant funding regulations with the intent to reduce or remove funding. She stated she believes

this was one of many mandates that will continue, and they must remain mindful of the

consequences.

 Councilmember Hiller moved to amend the ordinance as suggested by Councilmember

Duncan. The motion died due to a lack of a second.

 The motion to adopt the ordinance with the intent for further review of Councilmember

Duncan’s proposed language amendments at the July 8, 2025, Policy and Finance Committee

meeting with final approval of changes by the entire Governing Body carried. Councilmember

Kell voted “no.” (5-1-0) The Mayor did not vote. The ordinance involves a matter of home rule

on which the Mayor has veto authority.

 The ordinance was adopted on roll call vote as follows: Ayes: Hiller, Ortiz, Miller,

Duncan and Hoferer -5. Noes: Councilmember Kell -1.

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 DISCUSSION concerning the adoption of the 2024 Uniform Plumbing Code, was

presented. (Policy and Finance Committee recommended approval on May 14, 2025.)

 Richard Faulkner, Development Services Division Director, stated the City of Topeka

recognizes the need to update building and trade codes in order to provide for safer and the most

up-to-date building standards. He noted National codes are updated every three years and it is

best practice to update every 6-9 years. He commented on the following:

 • Codes are published by the International Association of Plumbing and Mechanical
 Officials (IAPMO)
 • UPC provides consumers with a safe and sanitary plumbing system, while at the same
 time allowing latitude for innovation and new technologies.
 • Contributors include plumbing inspectors, master and journeyman plumbers, and
 plumbing engineers, backed by public utility companies and the plumbing industry.

 PUBLIC COMMENT was received via email from Melissa Stiehler, William Naeger, and

Davis Hammet (Attachment A) and provided by the following individuals:

 Janis DeBoer spoke in opposition to the proposed Maverick Truck Stop on SE 6th and

Fairlawn Road due to the anticipated increase in semi-trailer truck traffic that would utilize the

facility, and it does not fit the character of the neighborhood.

 Sandra Lassiter referenced the potential training of the Kansas Bureau of Investigation

(KBI) officers from the United States Immigration and Customs Enforcement. She expressed

concern with the need to unite as a nation as it relates to the treatment of immigrants and their

families. She announced Juneteenth celebration events across the city. She commended Topeka

Police Chief Chris Vallejo in implementing traffic stop training for community youth and helping

them understand their rights.

 Henry McClure referenced the 2025 Citizen Government Review Committee

Recommendations and suggested the Governing Body gather input from citizens by scheduling a

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work session. He spoke about the importance of doing business differently by cutting down

expenses and engaging citizens. He suggested engaging Shawnee County Treasurer Susan Duffy

to conduct a city audit. He highlighted an email he sent the Governing Body (Attachment B)

concerning evaluation of the Riverfront Authority Board to ensure compliance.

 William Welch spoke in opposition of the proposed Maverick Truck Stop at SE 6th Street

and Fairlawn Road. He stated he believes the proposed use would reduce property values,

increase traffic congestion, and cause serious safety issues for Landon Middle school.

 ANNOUNCEMENTS BY THE CITY MANAGER, MAYOR AND MEMBERS OF THE

COUNCIL:

 Councilmember Kell reminded city residents that fireworks can be discharged on July 3

and July 4 and to clean up all firework debris.

 Councilmember Duncan announced a Policy and Finance Committee meeting would be

held on July 8, 2025, at 10:00 a.m. in the Cyrus K. Holliday Building First Floor Conference

Room, 620 SE Madison Street, Topeka. He thanked the Citizen Government Review Committee

for their work and recommendations. He encouraged residents to watch his Civic Circus Podcast.

 Councilmember Hoferer announced the Maverick Truck Stop proposal will be considered

at the July 1, 2025, Governing Body meeting where all members must be present to vote on the

item because a valid protest petition was filed. She announced the opening of the new Topeka

Zoo Cheetah exhibit on June 21, 2025.

 Councilmember Hiller announced the Kaw Valley float trip taking place on June 21,

2025. She commented on the positive community impact of the “No Kings” peaceful protest

held at the State Capitol on June 14, 2025. She announced the Brown v. Board of Education


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National Historic Park was participating in the Topeka Passport Program, a program which

invites people to tour 14 attractions across the city.

 Mayor Padilla encouraged citizens to participate in the Juneteenth events across the city.

He recognized the cultural pride in the community inclusive of all nationalities.

 Councilmember Kell moved to recess into executive session for a time not to exceed 20

minutes to discuss matters in litigation which are deemed privileged under the Attorney-Client

Privilege as allowed under K.S.A. 75-4319(b)(2). The open meeting will resume in the

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

in its deliberations, City Attorney Stanley 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 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.

 Mayor Padilla moved to recess into executive session for a time not to exceed 1-hour to

discuss personnel matters involving an individual employee as allowed under K.S.A. 75-

4319(b)(1). The open meeting will resume in the Governing Body Chambers. The following

individuals will be necessary to aid the Governing Body in its discussion, Interim Human

Resources Director Alicia Guerrero-Chavez, and anyone else the Governing Body deems

necessary. The motion was seconded by Councilmember Kell.




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 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.

 Mayor Padilla moved to extend the meeting past 10:00 p.m. and recess into executive

session for a time not to exceed 15 minutes to discuss personnel matters involving an individual

employee as allowed under K.S.A. 75-4319(b)(1). The open meeting will resume in the

Governing Body Chambers. The following individuals will be necessary to aid the Governing

Body in its discussion, Interim Human Resources Director Alicia Guerrero-Chavez, and anyone

else the Governing Body deems necessary. The motion was seconded by Councilmember Ortiz.

 Mayor Padilla asked all those in favor of extending the meeting past 10:00 p.m. and

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. Councilmembers Ortiz voted “no.”

(6-1-0)

 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.

 NO FURTHER BUSINESS appearing the meeting adjourned at 10:15 p.m.




 (SEAL)
 ______________________________
 Brenda Younger, City Clerk, M.M.C.



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Attachment A
Attachment B