Governing Body — Topeka, KS
Date: 2024-05-14

City Council Chambers 214 SE 8th
 Street, 2nd Floor Topeka KS 66603
 https://www.topeka.org




 Governing Body Agenda
 May 14, 2024
 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
 Interim City Manager: Richard U. Nienstedt


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.
The Federal Communications Commission (FCC) has adopted use of the 711 dialing code for access to
Telecommunications Relay Services (TRS). TRS permits persons with a hearing or speech disability to use the
telephone system via a text telephone (TTY) or other device to call persons with or without such disabilities. To reach
the City Clerk's office using the TRS, please dial 711.

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. APPOINTMENTS:
 A. Board Appointment - NOTO Business Improvement District Advisory Board

 BOARD APPOINTMENT recommending the appointment of DeAna Morrison to the NOTO
 Business Improvement District Advisory Board to fill a term ending May 14, 2026. (Council
 District No. 2)

 B. Board Appointment - Citizens Advisory Council - J. Edwards

 BOARD APPOINTMENT recommending the appointment of Jim Edwards to the City
 of Topeka Citizens Advisory Council for an expired term ending May 10,
 2027. (Council District No. 7)

3. PRESENTATIONS:
 NOTO Business Improvement District 2025 Program of Services
4. CONSENT AGENDA:
 A. Resolution - Celtic Fox Tap That Brew Festival - Special Event

 RESOLUTION introduced by Councilmember Karen Hiller, approving a special event known as
 Tap That Brew Festival. (Council District No. 1)

 (Approval would allow the sale, consumption and possession of alcoholic beverages within the
 designated barricaded area for the Tap That Brew Festival event on June 8, 2024, between the hours
 of 3:00 p.m. and 8:00 a.m.)

 B. Resolution - Celtic Fox Tap That Brew Festival and After Party- Noise Exception

 RESOLUTION introduced by Councilmember Karen Hiller granting The Celtic Fox an
 exception to the provisions of City of Topeka Code Section 9.45.150, et seq., concerning noise
 prohibitions. (Council District No. 1)

 (Approval would allow for live bands during the hours of 3:00 p.m. and 1:30 a.m. on June 8, 2024,
 SW 8th from Crosby Parking Garage to Harrison, SW Jackson Avenue from 9th to 7th Street.)

 C. Resolution - Fiesta Mexicana - Special Event

 RESOLUTION introduced by Councilmember Valdivia-Alcala, approving a special event known
 as the Our Lady of Guadalupe 91st Annual Fiesta Mexicana. (Council District No. 2)

 (Approval would allow for the sale, consumption and possession of alcoholic liquor on the designated
 barricade portions of Lake Street from Atchison Avenue to Greeley Street; Greeley Street from
 Branner Street to Lake Street; Atchison Avenue from Branner Street to Lime Street; Chandler
 Street from Atchison Avenue to State Street for Our Lady of Guadalupe Fiesta Mexicana on July
 16-20, 2024, between the designated hours.)

 D. Resolution - Fiesta Mexicana - Noise Exception

 RESOLUTION introduced by Councilmember Valdivia-Alcala, granting Our Lady of Guadalupe
 an exception to the provisions of City of Topeka Code Section 9.45.150, et seq., concerning
 noise prohibitions. (Council District No. 2)

 (Approval would allow for live bands and amplified music and sound during the hours of 4:00 p.m.
 and 11:59 p.m. on July 16-20, 2024, at specified locations.)

 E. Resolution - Fiesta Mexicana - Parking Waiver

 RESOLUTION introduced by Councilmember Valdivia-Alcala granting a waiver to the
 provisions of City of Topeka Code Section 10.60.120 relating to parking on unimproved
 surfaces for the Our Lady of Guadalupe 91st Annual Fiesta Mexicana. (Council District No. 2)

 (Approval would allow those individuals attending the Our Lady of Guadalupe Fiesta Mexicana event
 to park on unimproved surfaces at established areas during July 16-20, 2024.)

 F. MINUTES of the regular meeting of May 7, 2024
 G. APPLICATIONS:

5. ACTION ITEMS:
 A. Contract - City Manager Employment Agreement - R. Perez

 EMPLOYMENT AGREEMENT between the City of Topeka and Dr. Robert M. Perez, Jr. to
 serve as City Manager.

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

 (Employment agreement is for an initial one-year term with subsequent renewal for an additional
 two-year term based on the terms and conditions outlined in the agreement.)

 B. Resolution of Advisability and Authorization Amendment - Sherwood Park No. 9 Improvement
 Project No. 601132.00

 RESOLUTION introduced by Interim City Manager Richard U. Nienstedt further amending
 Resolution of Advisability and Authorization No. 9279, as previously amended by Resolution
 No. 9330, which provides street improvements for Sherwood Park Subdivision No. 9 as more
 specifically described herein.

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

 (Approval would increase the project budget by $63,856.34 for a total project budget of
 $1,028,889.34.)

 C. Ordinance - Retaliatory Eviction Ordinance Amendment

 ORDINANCE introduced by Interim City Manager Richard U. Nienstedt, concerning retaliatory
 eviction, amending Sections 9.25.010 and 9.25.020 of the Topeka Municipal Code and repealing
 original sections. (The Public Health and Safety Committee recommended approval by a vote of 4-
 0-0 on April 15, 2024.)

 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 would authorize technical language amendments to redefine retaliate.)

6. NON-ACTION ITEMS:
 A. Discussion - Trade Board Membership Residency Requirement

 DISCUSSION concerning residency requirements for Trade Board membership. (The Policy
 and Finance Committee recommended approval on April 23, 2024.)

 (Approval will open eligibility for board membership to qualified candidates that live in Shawnee
 County but work or own a business in the city of Topeka.)

7. 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/.
8. ANNOUNCEMENTS:
9. 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.)
10. ADJOURNMENT:
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 May 14, 2024


DATE: May 14, 2024
CONTACT PERSON: Mayor Michael A. Padilla DOCUMENT #:
SECOND PARTY/SUBJECT: Noto Business PROJECT #:
 Improvement District
 Advisory Board
CATEGORY/SUBCATEGORY 006 Communication / 005 Other
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

BOARD APPOINTMENT recommending the appointment of DeAna Morrison to the NOTO Business
Improvement District Advisory Board to fill a term ending May 14, 2026. (Council District No. 2)

VOTING REQUIREMENTS:
Action requires at least five (5) votes of the City Council. Mayor does not vote.
POLICY ISSUE:
The purpose of the NOTO Business Improvement District Advisory board (BID) is to monitor and oversee
services provided pursuant to the business improvement district act. The board shall conduct its business in
accordance with City Code.
STAFF RECOMMENDATION:
Mayor Padilla nominates and recommends the appointment of DeAna Morrison to the NOTO Business
Improvement District Advisory Board (BID) to fill a term ending on May 14, 2026.
BACKGROUND:
This is a statutory board wherein the Mayor nominates and the Council has final approval. The NOTO Business
Improvement District Advisory Board shall consist of five members representing businesses located in the district.
Two members shall serve a one year term and three members shall serve a two year term and there are no term
limits.
BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Not Applicable.

ATTACHMENTS:
Description
D. Morrison - NBID Application & Resume
City of Topeka Boards and Commissions
Application
Submitted on 26 March 2024, 3:57PM

Receipt number 229

Related form version 8



Profile
First Name DeAna


Last Name Morrison


Email Address iamdeana@outlook.com


Street Address 907 N Kansas Ave


Suite or Apt


City Topeka


State Kansas


Zip 66608


Are you a resident of the City of Topeka? Yes


What district do you live in? District 2


Primary Phone 7858455227


Alternate Phone 7854305228


Employer self


Job Title Owner Resident Artist at Amused LLC


Which Board would you like to apply for? NOTO Business Improvement District Advisory Board


Are you a registered voter? Yes


Are you currently a full or part-time employee of the City of No
Topeka?


Which department do you work for?



 1 of 3
Are you or any immediate family member related to any city No
governmental official or employee?


Who are you related to and how are you related?


Are you or have you been a party to any civil litigation No
involving the City of Topeka?


Please explain the litigation and your role in it:


Are you delinquent in payment of any taxes, fees, fines, or Yes
special assessments owed to the State of Kansas, Shawnee
County or the City of Topeka?


Please explain your delinquent payment situation. Currently on a payment plan to catch up on sales tax.


Please state why you are interested in serving on this board or This is my neighborhood and I am invested in its care and growth.
commission:



Interests & Experiences
Please describe your education, experience, and expertise I have owned a business in the NOTO Arts & Entertainment District for
including any honors, awards, civic, cultural, charitable or over 10 years and a full time resident of the arts district for 4. I am a
professional organization memberships that relate to the volunteer member of The Great Overland Station's steering committee
position you are seeking. with the goal of growing the cultural, educational and economic impact
 on not only the 2nd District but the city and county, as well.


List any professional licenses you hold in Kansas and advise if n/a
they are current. (We reserve the right to request a copy of
your license prior to approval of your appointment.)


**Please upload a resume or any additional information you
believe may be helpful in considering your application.



Voluntary Self Identification
Ethnicity Caucasian/Non-Hispanic


Gender Female



Acknowledgements and Verification
Purpose of Information being submitted. I Agree


The information I am submitting is true and correct. I Agree


Your electronic signature




 Link to signature


 2 of 3
Alternative electronic signature DeAna D Morrison


Notification to applicants for City Board/Commissions Please be advised that your application and any documents that you
 attach are public records and, as such, are available to the public, upon
 request, pursuant to the Kansas Open Records Act.

 If you are appointed to the position, your application and resume will be
 included in the governing body meeting agenda which is posted online.




 3 of 3
 DeAna Morrison

 Objective
 A Volunteer Position on the

 NOTO BID Board



 Qualifications
 Business Owner in the District for 10+ Years



 Work History
 2013 to Present, Owner/Artist in Residence, Amused LLC

 General Day to Day Management

 Sales, Marketing, Buyer, Maintenance of property, Curate & install rotating exhibits, Merchandise displays,

Maintaining multiple social media accounts, Book Keeping, Rental management, Business development, Teaching,

 Event coordinator, Public relations, Artist in Residence



 2020 to Present, Owner FootPool NOTO

 Topeka’s First Soccer Ball Pool Table



 2006 to 2013, Home Manager of 7, Artist

 Home educator, volunteer, facility director, Muralist, commission based artist



 2000 to 2006, Night Supervisor & Music Dept Lead, Christian Book & Gifts




 907 N Kansas Ave
 Topeka, KS 66608
 Phone: 785-845-5227
 Email: iamdeana@outlook.com
 DeAna Morrison




 Awards Received
 2018 Arty Award People’s Choice Award Favorite Art Gallery

 2023 Finalist Veteran Owned Small Business Award

 Interests and Activities
 Muralist/Signage

 St Joseph Lofts, Axe & Ale, Circle Coffee, Great Overland Station, Potwin Lofts,

 Topeka Zoo: Padas Monkey Exhibit, Restoration of Buffalo sculpture in Cushinberry Park,

Restoration of Gage Park Carousel Mural, Contributing artist on Greetings from Topeka Post Card Mural (NOTO)



 Volunteer Experience
 Great Overland Station Steering Committee for Great Overland Comic Convention

 Artist Coordinator for Topeka Zoo’s Roar & Pour Fundraiser since 2018

 General Volunteer as needed NOTO Arts District 2013 to Present
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 May 14, 2024


DATE: May 14, 2024
CONTACT PERSON: Mayor Michael A. DOCUMENT #:
 Padilla
SECOND PARTY/SUBJECT: Citizen's Advisory PROJECT #:
 Council
CATEGORY/SUBCATEGORY 006 Communication / 005 Other
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

BOARD APPOINTMENT recommending the appointment of Jim Edwards to the City of
Topeka Citizens Advisory Council for an expired term ending May 10, 2027. (Council District
No. 7)

VOTING REQUIREMENTS:
At least five (5) votes of the City Council is required. Mayor does not vote.
POLICY ISSUE:
The Advisory Council makes recommendations to the City Department of Neighborhood Relations on issues
described in the advisory council by-laws.
STAFF RECOMMENDATION:
Mayor Padilla recommends the appointment of Jim Edwards to the Citizen's Advisory Council to fill a vacant term
ending May 10, 2027.
BACKGROUND:
In accordance with City Code 2.105.040, one voting member from each NIA. Three members appointed at-large
by the Mayor with confirmation of the Council. One appointee must be from a low to moderate income (LMI)
area not represented by a certified NIA, or be a LMI citizen of Topeka not residing in an NIA area. At-large
members must come from disciplines such as construction trades, architecture, appraising, real estate sales,
public finance, mortgage lending, legal, real estate development, residential property management, commercial
banking, construction material suppliers, fund raising, neighborhood planning, zoning, engineering or other
disciplines relevant to housing and neighborhood development.
BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Not Applicable.

ATTACHMENTS:
Description
J. Edwards - Reappt Application
City of Topeka Boards and Commissions
Application
Submitted on 10 March 2024, 8:59PM

Receipt number 225

Related form version 8



Profile
First Name Jim


Last Name Edwards


Email Address jedwards3634@gmail.com


Street Address 3634 SW Spring Creek Ct


Suite or Apt


City Topeka


State Kansas


Zip 66614


Are you a resident of the City of Topeka? Yes


What district do you live in? District 7


Primary Phone 785-231-8978


Alternate Phone 785-272-7185


Employer Retired (Contracting with USD 501 during legislative session)


Job Title Lobbyist


Which Board would you like to apply for? Citizen's Advisory Council


Are you a registered voter? Yes


Are you currently a full or part-time employee of the City of No
Topeka?


Which department do you work for?



 1 of 3
Are you or any immediate family member related to any city No
governmental official or employee?


Who are you related to and how are you related?


Are you or have you been a party to any civil litigation No
involving the City of Topeka?


Please explain the litigation and your role in it:


Are you delinquent in payment of any taxes, fees, fines, or No
special assessments owed to the State of Kansas, Shawnee
County or the City of Topeka?


Please explain your delinquent payment situation.


Please state why you are interested in serving on this board or I wish to continue to serve as an at-large member.
commission:



Interests & Experiences
Please describe your education, experience, and expertise I have been a resident of Topeka since 1982. During that time period I
including any honors, awards, civic, cultural, charitable or worked for two entities ... the Kansas Chamber of Commerce and
professional organization memberships that relate to the Industry (1982 - 2002) and the Kansas Association of School Boards
position you are seeking. (2002 - 2012). I fully understand the importance of volunteers in moving
 organizations forward.

 For more information see my attached resume.


List any professional licenses you hold in Kansas and advise if N/A
they are current. (We reserve the right to request a copy of
your license prior to approval of your appointment.)


**Please upload a resume or any additional information you RESUME.pdf
believe may be helpful in considering your application.



Voluntary Self Identification
Ethnicity Caucasian/Non-Hispanic


Gender Male



Acknowledgements and Verification
Purpose of Information being submitted. I Agree


The information I am submitting is true and correct. I Agree


Your electronic signature




 2 of 3
 Uploaded signature image: JE Signature.jpg


Alternative electronic signature


Notification to applicants for City Board/Commissions Please be advised that your application and any documents that you
 attach are public records and, as such, are available to the public, upon
 request, pursuant to the Kansas Open Records Act.

 If you are appointed to the position, your application and resume will be
 included in the governing body meeting agenda which is posted online.




 3 of 3
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 May 14, 2024


DATE: May 14, 2024
CONTACT PERSON: Thomas Underwood, DOCUMENT #:
 NOTO Arts and
 Entertainment District
 Executive Director
SECOND PARTY/SUBJECT: NOTO Business PROJECT #:
 Improvement District
CATEGORY/SUBCATEGORY
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:
 NOTO Business Improvement District 2025 Program of Services
VOTING REQUIREMENTS:
POLICY ISSUE:
STAFF RECOMMENDATION:
BACKGROUND:
BUDGETARY IMPACT:
SOURCE OF FUNDING:

ATTACHMENTS:
Description
NOTO BID Report and 2025 Program of Services
 NOTO Business Improvement District
 2025 Program of Services
 Submitted by:
 Thomas Underwood, Executive Director
 NOTO Arts and Entertainment District

The NOTO Business Improvement District was approved by the City of Topeka Governing Body in 2022 for
formal implementation in 2023. The purpose of the NOTO BID is to provide fundamental services to the
district that otherwise are not provided by local government, specifically in four primary areas: district
maintenance, beautification, safety and security, and marketing.

The NOTO BID boundary is Morse Street to the north, Norris Street to the south, Quincy Street to the east,
and Jackson Street to the west. Withing this geographic area are two tiers, with Tier 1 to the south of
Gordon and Tier 2 to the north. Assessments are based on tier and type of business, e.g., retail versus
warehouse. All businesses are assessed, though businesses established in the area prior to 2008 do not
have to pay the assessment. It was estimated that if every business were to pay the assessment the NOTO
BID revenue would be $17,7255; for only businesses established after 2008 the estimated revenue was
$12,350.

With only the first year as a benchmark, it is difficult to ascertain patterns of compliance. Payments were
very uneven, requiring numerous communications and several invoices throughout the year. One business
did not pay until the very last day of the year. Thus, it was difficult to determine expenditures when
revenue was so inconsistent. Nine businesses who were obliged to pay the assessment did not do so,
resulting in a $3,000 in uncollected assessment revenue.

The final amount collected in 2023 was $10,050. However, due to the uncertainties of collections
expenditures were limited and we closed the year with about $4,000 in unspent funds for rollover.
Assuming a similar amount will be collected in 2024, the total budget for the year is estimated at about
$13,000. In addition to basic maintenance, the primary expenditure planned for 2024 is the repair,
replacement, or removal of banners in the district.



2025 Services
Assuming a 2024 collection of about $10,000, the planned program of services for 2025 will continue to be
fairly basic:

 ITEM SERVICES EST.
 AMOUNT
 District Maintenance Trash service, snow removal $5,800
 Beautification New trash cans $2,100
 Marketing Repair archway, window clings $1,050
 COT Administration 2% of revenue (2025) $200
 NOTO Administration 5% of revenue (2025) $500
 TOTAL $9,650
Collection Strategies
Despite an open, transparent, and inclusive process in the development of the NOTO BID, a surprising
number of NOTO businesses complained about the new assessment. In its first year, several
communications recounting the history and its purpose were sent, and the advisory board was active in
direct contact. Towards the end of the year a letter from the City Manager was included in an invoice which
did seem to spur a few businesses to pay. Probably the most significant impact on payment was the
implementation of the NOTO Redevelopment Incentive Grant fund, of which payment of the NOTO BID
(post-2008) is required. We will continue to educate the district on the importance of the BID. We also seek
support from the COT in exercising its authority to collect a financial obligation to the City.



Other Revenue
The NOTO organization is a small non-profit entity that provides an array of services for the NOTO district
and the community. Funding for the NOTO organization comes from grants, sponsorships, and donations.
Except in the form of sponsorships or grants for certain events or projects, of which we have received
increasing support this past year, NOTO does not receive Transient Guest Tax for operational costs. NOTO
does not receive any Tourism Business Improvement District funds for operations of Redbud Park which is a
site for free community concerts, public art, and festivals.



Advisory Board
The 2023/2024 Advisory Board included:

 • Pedro Concepcion, Wheel Barrel
 • Monette Mark, Fire Me Up Ceramics
 • Denise Selbee-Koch, Compass Point
 • Dave Horn, Donaldson’s Jewelers
 • Thomas Underwood, NOTO Arts and Entertainment District

The terms for Pedro Concepcion and Monette Mark have expired and they have chosen not to renew their
appointment. Pending Advisory Board members include:

 • Trish McAlister, Decades Garage
 • DeAna Morrison, Amused Gallery and Gifts



The NOTO Bid is essential to the continued development of the area. While the amounts collected are
minimal compared to the need, we believe collections will continue to improve as new businesses come to
the district and existing businesses realize its value. Further, the NOTO Redevelopment Incentive Grant
offers a great incentive.
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 May 14, 2024


DATE: May 14, 2024
CONTACT PERSON: Councilmember Hiller DOCUMENT #:
SECOND PARTY/SUBJECT: The Celtic Fox PROJECT #:
CATEGORY/SUBCATEGORY 020 Resolutions / 005 Miscellaneous
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

RESOLUTION introduced by Councilmember Karen Hiller, approving a special event known as Tap That
Brew Festival. (Council District No. 1)

(Approval would allow the sale, consumption and possession of alcoholic beverages within the designated
barricaded area for the Tap That Brew Festival event on June 8, 2024, between the hours of 3:00 p.m. and
8:00 a.m.)

VOTING REQUIREMENTS:
At least six (6) votes of the Governing Body is required.
POLICY ISSUE:
Pursuant to state law, the Governing Body must approve any special event where alcoholic liquor will be served
and consumed on designated public streets, alleys, and sidewalks when a temporary permit has been issued by
the Kansas Division of Alcohol Beverage Control (ABC).
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the resolution.
BACKGROUND:
Streets and alleys within the boundaries of the event shall be closed to motor vehicle traffic. The traffic engineer
and the chief of police or their designees shall determine the streets and alleys to be closed and the closing times.
Pursuant to K.S.A. 41-719 and 41-2645, the sponsor shall ensure that the area in which alcoholic liquor is
possessed or consumed is clearly marked by signs, a posted map or other means (“Designated Barricaded
Area”).
BUDGETARY IMPACT:
The table below outlines the cost breakdown of the 2021 Second Saturday Summer Concert Series It is
estimated the cost of City resources will be close to the same in 2022.

  DEPARTMENT COST
  Police Department: $1,756.96
  Fire Department: $1,465.83
  Street Division: $70.51
  Parking Division: $80
  Traffic Division: $1,142
  City Clerk: $75
  Inmate Crews: $252
  Legal Department: $4
  Total Event Cost: $4,846.30
SOURCE OF FUNDING:
City Departmental Funds

ATTACHMENTS:
Description
Resolution
 1 RESOLUTION NO.
 2
 3 A RESOLUTION introduced by Councilmember Karen Hiller approving a special event
 4 known as Tap That Brew Festival.
 5
 6 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF TOPEKA,

 7 KANSAS, that:

 8 Section 1. Pursuant to state law, alcoholic liquor may be consumed at a special

 9 event to be held on designated public streets, alleys, and sidewalks when a temporary

10 permit has been issued by the Kansas Division of Alcohol Beverage Control (ABC) and the

11 governing body has approved the event as required by K.S.A. 41-719 and 41-1201 and

12 amendments thereto.

13 Section 2. Having considered the request of the sponsor of the 2024 Tap That

14 Brew Festival to allow the possession and consumption of alcoholic liquor, the governing

15 body hereby approves the event to be held on June 8, 2024, between the hours of 3:00

16 p.m. and 8:00 p.m. provided the sponsor secures a temporary permit from ABC and

17 complies with all state laws and ordinances regulating alcoholic liquor.

18 Section 3. A portion or all of the following streets/alleys shall be closed to motor

19 vehicle traffic during the dates and times identified in Section 2: Jackson Street from 7th

20 Street to 9th Street and 8th Avenue from Harrison Street to Kansas Avenue. Pursuant to

21 K.S.A. 41-719 and 41-1201, the sponsor shall ensure that the area in which alcoholic liquor

22 is possessed or consumed is clearly marked by signs, a posted map or other means

23 (“Designated Barricaded Area”).

24 Section 4. Event attendees may purchase, possess and consume alcoholic

25 beverages within the Designated Barricaded Area. Pursuant to K.S.A. 41-719, no alcoholic

26 liquor may be removed from Designated Barricaded Area or consumed inside vehicles

27 while on public streets or alleys at the event.
 RES/Tap That Brew Fest 2024 5/1/2024 1
28 Section 5. This Resolution shall take effect and be in force after its approval by

29 the governing body.

30

31 ADOPTED and APPROVED by the Governing Body on .

32 CITY OF TOPEKA, KANSAS
33
34
35
36
37 Michael A. Padilla, Mayor
38 ATTEST:
39
40
41
42 _______________________________
43 Brenda Younger, City Clerk




 RES/Tap That Brew Fest 2024 5/1/2024 2
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 May 14, 2024


DATE: May 14, 2024
CONTACT PERSON: Councilmember Karen DOCUMENT #:
 Hiller
SECOND PARTY/SUBJECT: Celtic Fox Noise PROJECT #:
 Exception
CATEGORY/SUBCATEGORY 020 Resolutions / 005 Miscellaneous
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

RESOLUTION introduced by Councilmember Karen Hiller granting The Celtic Fox an exception to the
provisions of City of Topeka Code Section 9.45.150, et seq., concerning noise prohibitions. (Council
District No. 1)

(Approval would allow for live bands during the hours of 3:00 p.m. and 1:30 a.m. on June 8, 2024, SW 8th from
Crosby Parking Garage to Harrison, SW Jackson Avenue from 9th to 7th 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 the Celtic Fox for their Tap That Brew Festival and Tap That After Party to take place
on specified dates and times.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the resolution as part of the consent agenda.
BACKGROUND:
The Celtic Fox is requesting the noise exception due to live bands with amplified music and sound during the
concerts.
BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Not applicable.

ATTACHMENTS:
Description
Resolution
 1 RESOLUTION NO.
 2
 3 A RESOLUTION introduced by Councilmember Karen Hiller granting The Celtic
 4 Fox 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 Governing Body 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, The Celtic Fox has requested that they be granted an

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

18 the purposes, dates and times described herein, and

19 WHEREAS, upon review of the application of The Celtic Fox, 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 The Celtic Fox is hereby granted an exception from the

25 provisions of City of Topeka Code Section 9.45.150, et seq. for their Tap That

26 Brew Festival and After Party event located at SW 8th from Crosby Parking
27 Garage to Harrison, SW Jackson Avenue from 9th to 7th Street, during the hours

28 of 3:00 p.m. and 1:30 a.m. on June 8, 2024.

29

30 ADOPTED and APPROVED by the Governing Body ________________.

31

32 CITY OF TOPEKA, KANSAS
33
34
35 _______________________
36 Michael A. Padilla, Mayor
37 ATTEST:
38
39
40 _______________________________
41 Brenda Younger, City Clerk
42
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 May 14, 2024


DATE: May 14, 2024
CONTACT PERSON: Councilmember DOCUMENT #:
 Valdivia-Alcala
SECOND PARTY/SUBJECT: Our Lady of Guadalupe PROJECT #:
 Church
CATEGORY/SUBCATEGORY 020 Resolutions / 005 Miscellaneous
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

RESOLUTION introduced by Councilmember Valdivia-Alcala, approving a special event known as the
Our Lady of Guadalupe 91st Annual Fiesta Mexicana. (Council District No. 2)

(Approval would allow for the sale, consumption and possession of alcoholic liquor on the designated barricade
portions of Lake Street from Atchison Avenue to Greeley Street; Greeley Street from Branner Street to Lake
Street; Atchison Avenue from Branner Street to Lime Street; Chandler Street from Atchison Avenue to State
Street for Our Lady of Guadalupe Fiesta Mexicana on July 16-20, 2024, between the designated hours.)

VOTING REQUIREMENTS:
At least six (6) votes of the Governing body is required.
POLICY ISSUE:
Approval allows the barricaded portion of Lake Street from Atchison Avenue to Greeley Street; Greeley Street
from Branner Street to Lake Street; Atchison Avenue from Branner Street to Lime Street; Chandler Street from
Atchison Avenue to State Street to be closed to motor vehicle traffic for a special event, allowing special event
attendees to buy, possess and consume alcoholic beverages in the specific area designated by the State of
Kansas Division of Alcohol Beverage Control.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the resolution.
BACKGROUND:
Vendors holding the appropriate license from the State of Kansas to sell alcoholic liquor may in accordance with
all state laws and municipal ordinances sell alcoholic liquor in the specific area designated by the Division of
Alcohol Beverage Control within the barricaded portion of Lake Street from Atchison Avenue to Greeley Street;
Greeley Street from Branner Street to Lake Street; Atchison Avenue from Branner Street to Lime Street;
Chandler Street from Atchison Avenue to State Street for Our Lady of Guadalupe Fiesta Mexicana on July 16
through 20, 2024, between the hours of 4:00 p.m. and 1:00 a.m.
BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Not applicable.

ATTACHMENTS:
Description
Resolution
 1 RESOLUTION NO.
 2
 3 A RESOLUTION introduced by Councilmember Christina Valdivia-Alcala, approving a
 4 special event known as the Our Lady of Guadalupe 91st Annual
 5 Fiesta Topeka.
 6
 7 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF TOPEKA,

 8 KANSAS, that:

 9 Section 1. Pursuant to state law, alcoholic liquor may be consumed at a special

10 event to be held on designated public streets, alleys, and sidewalks when a temporary

11 permit has been issued by the Kansas Division of Alcohol Beverage Control (ABC) and the

12 governing body has approved the event as required by K.S.A. 41-719 and 41-1201 and

13 amendments thereto.

14 Section 2. Having considered the request of the sponsor of the Our Lady of

15 Guadalupe 91st Annual Fiesta Topeka to allow the possession and consumption of

16 alcoholic liquor, the governing body hereby approves the event to be held on July 16, 17

17 and 18, 2024, between the hours of 4:00 p.m. and 11:00 p.m. and July 19 and 20, 2024

18 between the hours of 4:00 p.m. and 11:59 p.m., provided the sponsor secures a temporary

19 permit from ABC and complies with all state laws and ordinances regulating alcoholic

20 liquor.

21 Section 3. A portion or all of the following streets/alleys shall be closed to motor

22 vehicle traffic during the dates and times identified in Section 2: NE Branner Street from

23 NE Greeley Street to NE Atchison Avenue; NE Atchison Avenue from NE Branner Street to

24 NE Lake Street; NE Chandler Street from Atchison Avenue to State Street; NE Greeley

25 Street from NE Lake Street to NE Branner Street; and NE Seward Avenue from NE

26 Chandler Street to NE Branner Street. Pursuant to K.S.A. 41-719 and 41-1201, the




 RES/2024 Fiesta Topeka Alcohol 5/1/2024 1
27 sponsor shall ensure that the area in which alcoholic liquor is possessed or consumed is

28 clearly marked by signs, a posted map or other means (“Designated Barricaded Area”).

29 Section 4. Event attendees may purchase, possess and consume alcoholic

30 beverages within the Designated Barricaded Area. Pursuant to K.S.A. 41-719, no alcoholic

31 liquor may be removed from Designated Barricaded Area or consumed inside vehicles

32 while on public streets or alleys at the event.

33 Section 5. This Resolution shall take effect and be in force after its approval by

34 the governing body.

35 ADOPTED and APPROVED by the Governing Body on .

36 CITY OF TOPEKA, KANSAS
37
38
39
40
41 Michael A. Padilla, Mayor
42 ATTEST:
43
44
45
46 _______________________________
47 Brenda Younger, City Clerk




 RES/2024 Fiesta Topeka Alcohol 5/1/2024 2
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 May 14, 2024


DATE: May 14, 2024
CONTACT PERSON: Councilmember DOCUMENT #:
 Valdivia-Alcala
SECOND PARTY/SUBJECT: Our Lady of Guadalupe PROJECT #:
 Church
CATEGORY/SUBCATEGORY 020 Resolutions / 005 Miscellaneous
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

RESOLUTION introduced by Councilmember Valdivia-Alcala, granting Our Lady of Guadalupe an
exception to the provisions of City of Topeka Code Section 9.45.150, et seq., concerning noise
prohibitions. (Council District No. 2)

(Approval would allow for live bands and amplified music and sound during the hours of 4:00 p.m. and 11:59
p.m. on July 16-20, 2024, at specified locations.)

VOTING REQUIREMENTS:
At least six (6) votes of the Governing Body is required.
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 Our Lady Guadalupe for the annual Fiesta Mexicana during specified dates and
times.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the resolution.
BACKGROUND:
Our Lady Guadalupe 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
 1 RESOLUTION NO. ________
 2
 3 A RESOLUTION introduced by Councilmember Christina Valdivia-Alcala granting
 4 Our Lady Guadalupe an exception to the provisions of City of
 5 Topeka Code Section 9.45.150, et seq. concerning noise
 6 prohibitions.
 7
 8 WHEREAS, City of Topeka Code Section 9.45.150, et seq. makes it

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

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

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

12 limits of the city; and

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

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

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

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

17 WHEREAS, Our Lady Guadalupe has requested that it be granted an

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

19 the purposes, dates and times described herein, and

20 WHEREAS, upon review of the application of Our Lady Guadalupe the

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

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

23 9.45.150, et seq.

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

25 City of Topeka that Our Lady Guadalupe is hereby granted an exception from the

26 provisions of City of Topeka Code Section 9.45.150, et seq. during the Fiesta
27 Mexicana at specified location during the hours of 4:00 p.m. and 11:59 p.m. on

28 July 16-20, 2024.

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
 May 14, 2024


DATE: May 14, 2024
CONTACT PERSON: Councilmember DOCUMENT #:
 Valdivia-Alcala
SECOND PARTY/SUBJECT: Our Lady of Guadalupe PROJECT #:
 Church
CATEGORY/SUBCATEGORY 020 Resolutions / 005 Miscellaneous
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

RESOLUTION introduced by Councilmember Valdivia-Alcala granting a waiver to the provisions of City
of Topeka Code Section 10.60.120 relating to parking on unimproved surfaces for the Our Lady of
Guadalupe 91st Annual Fiesta Mexicana. (Council District No. 2)

(Approval would allow those individuals attending the Our Lady of Guadalupe Fiesta Mexicana event to park
on unimproved surfaces at established areas during July 16-20, 2024.)

VOTING REQUIREMENTS:
At least six (6) votes of the Governing Body is required.
POLICY ISSUE:
Approval would grant a waiver for those individuals attending the Fiesta Mexicana to park on unimproved surfaces
at established areas for the period of July 16-20, 2024.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the resolution.
BACKGROUND:
Topeka Municipal Code Section 10.60.120 relating to parking on unimproved surfaces authorizes the City
Council to waive the provisions of this code section for specified properties and identified community events or
activities designated by the Council for periods of time not to exceed two (2) weeks.

Our Lady of Guadalupe Fiesta Mexicana is requesting a waiver to allow attendees to park on unimproved
surfaces in specified areas for the period of July 16-20, 2024.
BUDGETARY IMPACT:
There would be no budgetary impact to the City.
SOURCE OF FUNDING:
Not applicable.

ATTACHMENTS:
Description
Resolution
 1 RESOLUTION NO. ________
 2
 3 A RESOLUTION introduced by Councilmember Christina Valdivia-Alcala granting a
 4 waiver to the provisions of Topeka Municipal Code § 10.60.120
 5 relating to parking on residential property for the Our Lady of
 6 Guadalupe 91st Annual Fiesta Topeka.
 7
 8 WHEREAS, TMC 10.60.120, relating to parking on residential property,

 9 authorizes the Governing Body to waive the provisions of this code section for

10 designated properties to accommodate a special event approved by the Governing

11 Body; and

12 WHEREAS, Our Lady of Guadalupe 91st Annual Fiesta Topeka has requested

13 that it be granted a waiver from the provisions of TMC 10.60.120 for the purposes and

14 subject to the conditions described herein.

15 NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the City of

16 Topeka that the provisions of TMC 10.60.120(b)(1) relating to parking on residential

17 property are hereby waived for the period of July 16, 2024, through July 20, 2024, for

18 properties in the following described area:

19 1. An area bordered by the Burlington Northern Santa Fe (BNSF) Railway

20 tracks on the south, Branner Street to Seward Avenue and Chandler Street to River

21 Road on the east, River Road and Division Street on the north, and Grattan Street on

22 the east.

23 2. An area between Chandler Street to Hancock Street and from 4th Street to

24 the BNSF Railway tracks on the north.

25




 RES/FiestaMexicanaParkingWaiver 5/9/2024 1
26 ADOPTED and APPROVED by the Governing Body on ___________________.
27
28 CITY OF TOPEKA, KANSAS
29
30
31
32 ______________________________
33 Michael A. Padilla, Mayor
34 ATTEST:
35
36
37
38 ___________________________
39 Brenda Younger, City Clerk




 RES/FiestaMexicanaParkingWaiver 5/9/2024 2
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 May 14, 2024


DATE: May 14, 2024
CONTACT PERSON: Amanda Stanley, City  DOCUMENT #:
 Attorney
SECOND PARTY/SUBJECT: Robert M. Perez, Jr.  PROJECT #:
 Employment Agreement
CATEGORY/SUBCATEGORY 007 Contracts and Amendments / 020 Employee Agreements
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

EMPLOYMENT AGREEMENT between the City of Topeka and Dr. Robert M. Perez, Jr. to serve as City
Manager.

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

(Employment agreement is for an initial one-year term with subsequent renewal for an additional two-year term
based on the terms and conditions outlined in the agreement.)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether or not the Governing Body should approve the attached employment agreement with Dr. Robert M.
Perez, Jr. to serve as City Manager.
STAFF RECOMMENDATION:
This is a charter function of the Governing Body and staff is making not recommendation.
BACKGROUND:
The City engaged a search firm to help select a City Manager. The process as proceeded to the stage for a
formal vote.
BUDGETARY IMPACT:
Approximately $300,000
SOURCE OF FUNDING:
General Fund

ATTACHMENTS:
Description
Employment Agreement: R. Perez
 CITY OF TOPEKA CONTRACT NO. _______

 EMPLOYMENT AGREEMENT

 This Employment Agreement, is hereby made and entered into this on this date,
__________________, by and between the City of Topeka, Kansas, a duly organized municipal
corporation, hereinafter referred to as the “City”, and Dr. Robert M. Perez Jr. hereinafter referred
to as “Employee”, both of whom agree as follows:

 Background

 1. The City, a municipal corporation, operates in accordance with state and local law,
as a City Manager form of government.

 2. The City prides itself on being a professional, service-minded and progressive
organization, and seeks a City Manager with like ideas.

 3. Under the Topeka Municipal Code, the City Manager is appointed by the
Governing Body and serves at its will and pleasure.

 4. The City desires to employ the services of Employee to act as the City Manager
and it is the desire of the City (a) to provide inducement for Employee to accept and remain in
such employment; (b) to make possible full work productivity by assuring Employee's morale and
peace of mind with respect to future security; (c) to act as a deterrent against malfeasance or
dishonesty for personal gain on the part of the Employee, and (d) to provide a just means for
terminating Employee's services at such time as he may be unable to fully discharge his duties, or
when the City may desire to otherwise terminate his employment; and

 5. The Employee possesses the qualifications to perform the duties of the City
Manager and desires to accept employment as City Manager of the City.

 Accordingly, the parties agree as follows:

 Section 1: Duties, Functions and Responsibilities; Authority

 A. Duties: The City hereby agrees to engage the Employee as City Manager of the
City to perform the functions and duties of a City Manager as specified by the laws of the State of
Kansas and ordinances of the City, and to perform such other legally permissible and proper duties
and functions as the City shall assign.

 B. Hours of Employment: The Employee acknowledges that the proper performance
of his duties will require him to be reasonably available during normal business hours (Monday
through Friday between 8:00 a.m. and 5:00 p.m.), but that such duties will often require the


Perez Employment Agreement 1
performance of necessary duties and responsibilities outside of normal business hours. As it is
recognized that Employee must devote a great deal of his time outside normal office hours, to the
business of the City, the Employee will be allowed to take time off as he shall deem appropriate
during said office hours.

 C. Outside Employment or Engagements: During his term of employment, the
Employee agrees to be in the exclusive employment of the City and shall neither accept outside
employment nor become employed by any other employer. With the Governing Body's approval,
the Employee may accept limited teaching, speaking, or writing opportunities, so long as such
activities do not interfere or conflict with his duties, functions, and responsibilities as City
Manager.

 D. Boards: The Employee may serve on a for-profit or non-profit board if that service
does not interfere with the Employee's ability to do his job. If this service interferes with his ability
to perform his duties with the City, conflicts with any other policy or requirement, or tends to
create a conflict of interest, the Employee shall terminate this service. Any for-profit board service
must be approved in advance by the Governing Body to ensure even the appearance of any conflict
of interest is avoided.

 Section 2: Term

 A. Initial Term: The term of this Agreement shall be for an initial period of one (1)
year, beginning on the first day of Employment as City Manager, (the “Employment Date”).
Within fourteen (14) days of the City's approval of this Agreement, the parties shall establish a
mutually agreeable Employment Date.

 B. Subsequent Renewal: Upon completion of the initial one-year term, this Agreement
shall automatically be renewed on its anniversary date for an additional two-year term subject to
the same terms and conditions as provided herein unless either party files written notice of its
desire not to renew at least four (4) months prior to the end of such contract year.

 C. Nothing in this Agreement shall be construed to prevent, limit, or otherwise
interfere with the right of the Governing Body to terminate the services of the Employee at any
time, for any reason or for no reason, with or without cause, subject only to the terms and
conditions of this Agreement.

 D. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right
of the Employee to resign at any time from his position with the City, subject only to the provisions
set forth in Section 5(E) of this Agreement.




Perez Employment Agreement 2
 Section 3: Compensation

 A. Base Salary: Effective the Employment Date, the City shall pay Employee for his
services rendered pursuant hereto, a base salary of TWO HUNDRED FIFTY-FIVE THOUSAND
AND 00/100 DOLLARS ($255,000.00) per annum, payable in installments at the same time as
other employees are paid.

 B. Professional Expenses: The City recognizes the need for and encourages the
Employee to be active in professional activities and therefore agrees to pay the professional dues
and subscriptions of the Employee necessary for his continued professional participation, growth
and advancement, and for the good of the City. The City further agrees to budget and pay
reasonable travel and subsistence expenses of Employee for professional and official travel,
meetings, and occasions adequate to continue the professional development of the Employee and
to adequately pursue necessary official and other functions for the City, including, but not limited
to, participation in the annual conference of the International City Management Association, the
League of Kansas Municipalities and such other national, regional, state, and local governmental
groups and committees thereof which Employee serves as a member. The City also agrees to pay
for the reasonable travel and subsistence expenses of Employee for short courses, institutes, and
seminars that are necessary for his professional development and for the good of the City.

 C. Automobile Allowance: The City recognizes the use of an automobile is necessary
in the performance of the Employee's duties. Therefore, the City agrees to pay the Employee an
automobile allowance of seven hundred ($700) per month. Said allowance will be reviewed
annually. The City shall reimburse the Employee at the IRS standard mileage rate for any business
use of the vehicle beyond that conducted in Shawnee County.

 The Employee shall maintain, at all times and in full force and effect, a policy of liability
insurance having limits of no less than $100,000.00 per occurrence for bodily injury, $500,000.00
per accident for bodily injury and $100,000.00 per occurrence for property damage. The City shall
be listed as an additional insured on this policy and the Employee shall provide appropriate proof
of compliance hereunder to the Risk Manager with such proof of compliance to be furnished upon
the renewal date of such policy or upon the date that a new policy is issued. The Employee agrees
to keep any personal vehicle used for official business in good cosmetic and operating condition.

 D. Health Insurance: The City agrees to provide and pay the premiums for the
Employee, spouse, and dependents for the comprehensive major medical, prescription drug, and
dental coverage that it offers to other City employees provided the Employee and spouse make a
good faith effort to participate and qualify for the City’s wellness incentive. Additionally, the
Employee may elect to enroll in other voluntary benefits the City offers other City employees,
including: accident insurance, cancer insurance, critical care insurance, and short-term disability
insurance. The Employee may choose which other voluntary plan(s) in which to participate,
including spouse and/or dependent coverage, and he will pay the same associated premiums as
paid by other City employees.


Perez Employment Agreement 3
 E. Retirement; Life/Disability Insurance – KPERS: The City participates in the
Kansas Public Employee Retirement System (KPERS) and the Employee shall be considered a
KPERS-covered employee. KPERS is inclusive of retirement benefits, life insurance benefits and
long-term disability benefits. Additional optional benefits available through KPERS include:
optional group life insurance and deferred compensation, which the Employee may choose to
participate.

 KPERS Disclaimer: The Employee shall be responsible for his retirement benefits under
KPERS. The City makes no representations regarding the Employee's KPERS retirement benefits
or KPERS' treatment of any of the compensation or payouts of leave set forth in this Employment
Agreement. The Employee has not relied, and agrees that he will not rely, upon any statement or
representation of the City regarding his final average salary, KPERS benefits, or interpretations of
the same. The Employee agrees to hold the City harmless from any adverse changes to his KPERS
retirement benefits by the Kansas legislature or administration of the KPERS program. Likewise,
the City has not made any representations with respect to any taxes owed by the Employee under
this Agreement, and the Employee agrees that he has not and will not rely upon any statement or
representation made thereon by the City. Furthermore, the parties agree that this Employment
Agreement shall be construed, to the extent possible, so as not to require the City to make a KPERS
"spike" payment under K.S.A. 74-49, 126, as amended. However, if such payment becomes
necessary, the City agrees that it would be responsible for making such payment.

 F. Deferred Compensation: In addition to other compensation provided to the
Employee in this Agreement, the City agrees to contribute on behalf of the Employee an annual
amount equal to the maximum permissible annual contribution as determined by the Internal
Revenue Service not including any catch-up contributions that may be allowed over the age of 50
into the City’s KPERS 457 deferred compensation plan or another mutually agreeable plan. Said
amount shall be payable over the course of the calendar year in an equal proportionate amount
each pay period and taxed in accordance with applicable law.

 G. Vacation: On the Employee's first day of employment with the City as City
Manager, he will be credited with one hundred and twenty (120) hours of vacation and shall
immediately begin accruing leave in the same manner as other non-represented City employees.
No more than 240 hours (30 days) may be carried over from one year to the next without written
approval by the Governing Body starting January 1, 2026. Vacation leave will be taken by the
Employee at such time or times as will cause the least amount of interference with the performance
of his duties. The Employee shall receive payment for any vacation accrued as of the date of his
resignation or termination.

 H. Other Leave: The Employee will be entitled to the same leave benefits as those
offered and available to other non-represented City employees.




Perez Employment Agreement 4
 I. One-Time Relocation Expenses.
 i. Employee agrees to establish residence within the corporate boundaries of
 Topeka, within 12 months of employment, and thereafter to maintain a primary
 residence within the corporate boundaries of the city.
 ii. City shall pay directly for the expenses of moving Employee and his family and
 personal property from Dallas, Texas to Topeka, Kansas. Said moving expenses
 include packing, moving, storage costs, unpacking, and insurance charges. The
 Employee shall provide evidence of actual moving expenses by securing
 quotations from three (3) companies. The Employee shall submit these quotes
 to the City’s Chief Financial Officer who, in consultation with the Employee,
 shall select the moving company.
 iii. City agrees to reimburse Employee for actual lodging and meal expenses for
 his family en route from Dallas, Texas to Topeka, Kansas. Mileage costs for
 moving two personal automobiles shall be reimbursed at the current IRS
 allowable rate of [cents amount] per mile.
 iv. The City shall pay Employee a one-time interim housing supplement not to
 exceed five thousand ($5,000).
 v. House Hunting and Pre-Employment Meetings: City agrees to reimburse
 Employee of expenses, up to seven (7) days, for house hunting trips and pre-
 employment meetings with the City’s Governing Body and staff.


 Section 4. Performance Review

 A. Performance Review: On or before the first anniversary of the Employment Date,
and annually during the term of this Agreement, the Employee's job performance shall be reviewed
by the Governing Body using a mutually agreeable performance evaluation process that shall
include a 360 evaluation performed by an outside entity. The Employee shall be provided a written
copy of his performance evaluation and a copy shall be stored in his personnel file.

 At the time of the Employee’s annual review, if the Employee receives a rating of “Meets
Expectations” or higher, he shall be entitled to receive a 3% increase to his base salary provided
the City is not actively undergoing furloughs, layoffs, or mandatory across the board pay cuts of
the city’s workforce. Additionally, the parties may, but are not obligated to, agree to further
negotiate the Employee's salary, deferred compensation, expenses and other matters for
subsequent renewal terms.

 B. Executive Coaching: The Governing Body is invested in Employee’s success. To
help maximize Employee’s success, and provide Employee with all the necessary tools and skills
to perform at a high level, the Governing Body and Employee shall agree upon the selection and
hiring of a former Kansas City Manager or similar type professional to serve as an Executive
Coach for Employee for the first year. In the event the Governing Body and the Employee cannot
agree on an Executive Coach, the Governing Body’s choice shall control. Employee shall meet
with the Executive Coach weekly, or as frequently as administratively possible, for professional


Perez Employment Agreement 5
development. The Executive Coach shall provide verbal quarterly reports, in executive session, to
the Governing Body and to the Employee on Employee’s development to assist in the Governing
Body’s performance evaluation of Employee.


 Section 5: Termination; Severance Pay

 A. Severance Pay: Except as provided in 5(C) and 5(D), in the event the Employee's
employment is terminated by the City’s Governing Body during such time that Employee is willing
and able to perform the duties of City Manager, the City agrees to pay Employee a lump sum cash
payment equal to nine (9) months of his base salary. Also, in addition to the continuation of
employee and dependent health and dental coverage that the Employee may be entitled to under
the City's Group Health Care and Dental Plans as required by COBRA, the City will pay to the
Employee a lump sum cash payment equal to nine (9) months of the City's portion of the
Employee's monthly health care, dental, life insurance and long-term care coverage premium.

 Full details concerning such topics as how to apply, duration of coverage, rates, and
payment of premiums will be provided in the COBRA notification and election packet provided
to Employee, as such information is applicable. Employee's eligibility for this severance pay is
conditioned on Employee first signing and not revoking a general release of claims relating to his
employment and this Agreement in a form provided by the City. In the event the City at any time
during the employment term reduces the salary or other financial benefits of Employee in a greater
percentage than an applicable across-the-board reduction for all City employees; the City refuses,
following written notice to comply with any other provisions of this Agreement benefiting
Employee herein; or the Employee resigns following a suggestion by a majority of the City’s
Governing Body, whether formal or informal that he resign, the Employee may at his option be
deemed to be "terminated" at the time of such reduction or such refusal to comply within the
meaning and context of the severance pay provision referenced above.

 B. Form of Government: In the event the City changes its form of government, the
Employee may at his option be deemed to be "terminated" within the meaning and context of the
severance pay provision referenced above at the time of such official change and shall be entitled
to a lump sum cash payment equal to twelve (12) months of his base salary.

 C. Exception to Severance Requirements Due to For-Cause Termination: In the event
the Employee is terminated for cause, the City shall have no obligation to pay the severance sums
designated herein. "For cause," for purposes of this Agreement means (i) the willful disobedience
of a lawful directive of the Governing Body; (ii) Employee being charged with, convicted for, or
entering a plea of no contest, to any felony criminal offense or any other criminal offense involving
dishonestly; (iii) conduct that the City considers to be unethical, unprofessional, fraudulent,
unlawful, or adverse to the interest or reputation of the City, including but not limited to conduct
that would be deemed by a reasonable person to be disruptive, intimidating, coercive, or harassing;
(iv) Employee's use of alcohol or other substances that materially impair Employee's ability to


Perez Employment Agreement 6
perform his duties and obligations under this Agreement or Employee’s refusal to cooperate with
the City's policies and requirements regarding testing for substance abuse; (v) any other act or
omission by Employee that would require or permit immediate termination of an employee
pursuant to the City's employment policies, including but not limited to its discrimination and
harassment policies.

 D. Non-renewal: In the event the City fails or refuses to extend the term of this
Agreement beyond its initial term or subsequent term with or without cause, the Employee shall
not be entitled to severance.

 E. Resignation: In the event Employee voluntarily resigns his position with the City
during the term of his employment, Employee shall give the City forty-five (45) days' written
notice in advance of such resignation. Employee will not be entitled to the severance sum described
in Section 5(A) if he resigns.

 F. Termination due to Death or Disability: This Agreement will terminate without
penalty upon the death of Employee, and the City will pay the pro rata salary that Employee earned
through the date of death to the Employee's representative or heir. This Agreement will also
terminate if Employee becomes unable to perform the essential functions of his employment and
no reasonable accommodation can be made that would allow Employee to perform the essential
functions of his employment without imposing an undue hardship on the City. The City will
explore all reasonable accommodations, including possible reassignment if appropriate. This
Agreement will terminate if reassignment is necessary, and the terms and conditions of continued
employment, if any, will be determined at the time of reassignment.

 If this Agreement terminates due to the death or disability of Employee, no severance pay
will be owed.

 Section 6: Other Terms and Conditions of Employment

 A. Applicability of Code Provisions, Rules, and Regulations: Unless otherwise
specifically described in this Agreement, all provisions of the Topeka Municipal Code and other
policies, rules and regulations of the City relating to working conditions, vacation and sick leave,
retirement and pension system contributions, holidays and other benefits, as they now exist or may
later be amended, shall apply to the Employee in the same way as they apply to other management
employees of the City.

 B. Residency: The Employee shall maintain his primary residence within the City
limits through the remainder of this Agreement in compliance with the Topeka Municipal Code.

 C. Statement of Substantial Interest: The Employee shall ensure he timely files a
statement of substantial interest if required.



Perez Employment Agreement 7
 D. Ethics: The Employee will at all-time uphold the tenets of the ICMA Code of
Ethics, a copy of which is attached hereto as Exhibit A and incorporated herein. The City shall
support the Employee in keeping these commitments by refraining from any order, direction, or
request that would require the Employee to violate the ICMA Code of Ethics. The Employee shall
also adhere to the City's Rules, Regulations, Policies and Ordinances and is expected to represent
the City in a professional manner throughout his tenure as city manager.

 E. General: The City’s Governing Body shall fix any such other terms and conditions
of employment as it may deem appropriate from time to time relating to the performance of
Employee, provided such terms and conditions are not inconsistent with or in conflict with the
provisions of this Agreement, the laws of the State of Kansas, the ordinances of the City, or any
other laws.

 Section 7: General Provisions

 A. Entire Agreement: The text herein shall constitute the entire Agreement between
the parties and shall be binding upon and inure to the benefit of the heirs, executors, administrators,
and successors in interest of the parties hereto.

 B. Amendments: No amendments or additions to this Agreement will be binding
unless in writing and signed by the parties hereto.

 C. Severability: If any provision, or any portion thereof, contained in this Agreement
is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement or portion
thereof shall be deemed severable, shall not be affected, and shall remain in full force and effect.

 D. Notice: Any notice given to either the City or the Employee under this Agreement
shall be given in writing unless otherwise required to be given at a public meeting, either by
personal service or by registered and certified mail, postage prepaid, addressed to either the City
of Topeka City Clerk or the Employee's home address as shown in the City's personnel system
whichever is applicable.

 E. Assignment or Transfer: This Agreement may not be assigned or transferred.

 F. Governing Law: This Agreement, the rights and obligations of the parties, and any
claim or dispute arising hereunder shall be construed in accordance with the laws of the State of
Kansas.

 G. Indemnification: The City shall indemnify Employee as required under K.S.A. 75-
6109.




Perez Employment Agreement 8
 To evidence the parties’ agreement to this Employment Agreement, they have executed
and delivered it on the date set forth in the preamble.

ATTEST: CITY OF TOPEKA, KANSAS


_____________________________ _________________________________
Brenda Younger, City Clerk Michael Padilla, Mayor




Approved As to Form and Legality EMPLOYEE



_______________________ ________________________________
Amanda L. Stanley, City Attorney Dr. Robert M. Perez, Jr.




Perez Employment Agreement 9
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 May 14, 2024


DATE: May 14, 2024
CONTACT PERSON: Braxton Copley, Public DOCUMENT #:
 Works Director
SECOND PARTY/SUBJECT: Sherwood Park No. 9 PROJECT #: 601132.00
 Phase 1 Street and
 Storm Sewer Project
CATEGORY/SUBCATEGORY 015 Petitions/001 Benefit District
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

RESOLUTION introduced by Interim City Manager Richard U. Nienstedt further amending Resolution
of Advisability and Authorization No. 9279, as previously amended by Resolution No. 9330, which
provides street improvements for Sherwood Park Subdivision No. 9 as more specifically described
herein.

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

(Approval would increase the project budget by $63,856.34 for a total project budget of $1,028,889.34.)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to approve the increase in the project budget.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the resolution.
BACKGROUND:
On December 14, 2021, the Governing Body established the benefit district and approved a budget of $888,000
(Resolution No. 9279). On June 14, 2022, the Governing Body approved Resolution No. 9330 increasing the
estimated or probable cost of the project to $965,033. The petition and resolution are being revised one final time
to reflect the final project costs of $1,028,889.34. This project was constructed over two construction seasons,
requiring two years of temporary notes instead of the originally budgeted one year. This project included design
and construction services, asphalt pavement, curb and gutter, grading, curb inlets and storm sewer pipes.
BUDGETARY IMPACT:
The street project has a final total cost of $1,028,889.34. The City of Topeka will finance the cost of the project
through special assessment general obligation bonds. The cost will be repaid through assessment on a unit basis
for all lots which are included in the improvement district.
SOURCE OF FUNDING:
100% of the costs will be paid by owners of the property within the improvement district.

ATTACHMENTS:
Description
Proposed Resolution
Revised Petition
Resolution 9330 (June 14, 2022)
Resolution 9279 (December 14, 2021)
 (Published in the Topeka Metro News ______________________________)


 1 RESOLUTION NO. _____
 2 AMENDING RESOLUTION OF ADVISABILITY & AUTHORIZATION NO. 9279 & 9330
 3 A RESOLUTION introduced by Interim City Manager Richard U. Nienstedt
 4 further amending Resolution of Advisability & Authorization
 5 No. 9279, as previously amended by Resolution No. 9330,
 6 which provides street improvements for Sherwood Park
 7 Subdivision No. 9 as more specifically described herein.
 8
 9 WHEREAS, on December 14, 2021, the Governing Body adopted and approved

10 Resolution of Advisability and Authorization No. 9279 authorizing Improvement Project No.

11 T-601132.00 with an estimated probable cost of $888,000; and

12 WHEREAS, on June 14, 2022, the Governing Body adopted and approved

13 Resolution of Advisability and Authorization No. 9330 authorizing Improvement Project No.

14 T-601132.00 with an increased estimated probable cost of $965,033; and

15 WHEREAS, the cost of the project has increased to $1,028,889.34; and

16 WHEREAS, the City Clerk has received a revised petition, pursuant to K.S.A. 12-

17 6a01, et seq., as amended, containing the signatures of the owners of one hundred

18 percent (100%) of the area in the improvement district; and

19 WHEREAS, seven (7) days have elapsed since the filing of said petition.

20 NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the City of

21 Topeka, Kansas, that Resolution of Advisability & Authorization No. 9279, as amended by

22 Resolution No. 9330, is hereby further amended to increase the estimated or probable cost

23 of the project from $965,033 to $1,028,889.34.

24 BE IT FURTHER RESOLVED that all other provisions of Resolution No. 9279 and

25 Resolution No. 9330 not in conflict with this Resolution remain in full force and effect.

26 THIS RESOLUTION shall become effective upon one publication in the official city

27 newspaper.



 RES/Amend T-601124.00 (Spring 2024) 4/29/2024
28 ADOPTED and APPROVED by the Governing Body on ______________________.

29 CITY OF TOPEKA, KANSAS
30
31
32
33 ______________________________________
34 ATTEST: Michael A. Padilla, Mayor
35
36
37
38 ________________________________
39 Brenda Younger, City Clerk




 RES/Amend T-601124.00 (Spring 2024) 4/29/2024 2
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 May 14, 2024


DATE: May 14, 2024
CONTACT PERSON: Councilmember Karen DOCUMENT #:
 Hiller, Public Health and
 Safety Committee Chair
SECOND PARTY/SUBJECT: Retaliatory Eviction PROJECT #:
 TMC Sections 9.25.010
 and 9.25.020
CATEGORY/SUBCATEGORY 013 Ordinances - Codified / 054 Criminal Code
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

ORDINANCE introduced by Interim City Manager Richard U. Nienstedt, concerning retaliatory eviction,
amending Sections 9.25.010 and 9.25.020 of the Topeka Municipal Code and repealing original
sections. (The Public Health and Safety Committee recommended approval by a vote of 4-0-0 on April 15,
2024.)

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 would authorize technical language amendments to redefine retaliate.)

VOTING REQUIREMENTS:
Action requires at least five (5) votes of the City Council. The Mayor does not vote.
POLICY ISSUE:
Whether to adopt the recommendation of the Public Health and Safety Committee to adopt amendments to the
retaliatory eviction ordinance.
STAFF RECOMMENDATION:
Staff recommends the City Council move to adopt the ordinance as recommended by the Public Health and
Safety Committee.
BACKGROUND:
On July 11, 2023, the Governing Body approved an Ordinance concerning retaliatory eviction, amending
Sections 9.25.010 through 9.25.030 of the Topeka Municipal Code and creating Sections 9.25.040 and
9.25.050.

The Public Health and Safety Committee approved the following language amendments to TMC
Sections 9.25.010 and 9.25.020 by a vote of 4-0-0 on April 15, 2024:
Section 1: Policy – Reverts back to original ordinance language to remove the mention of eviction a second time
and keeps the language focused on retaliation and harassment as the key words.

Section 2 (1) – Reverts back to the original ordinance language. This change was made to clarify that retaliatory
actions are not limited to filing a suit in court, and in fact the purpose of this Act was to prevent those formal
actions from happening, allowing repairs to be completed and for people to stay in place as long as they are
tenants in good standing.

Section 2 (4) – New language that addresses harassing entry, or repeated demands for entry for the tenant’s
dwelling unit by the landlord, wording drawn from and reference to Kansas Residential Landlord and Tenant Act
language.

BUDGETARY IMPACT:
There is no budgetary impact.
SOURCE OF FUNDING:
Not Applicable

ATTACHMENTS:
Description
Cover Memo - K. Trussell (May 1, 2024)
Ordinance (Clean Version)
Ordinance (Strikethrough Version)
Public Health & Safety Committee Report (April 15, 2024)
Public Health & Safety Committee Meeting Minutes Excerpt (April 15, 2024)
 Legal Department, Prosecution Division Kelly Trussell, Chief of Prosecution
 215 SE 7th Street, Room 170 Tel: (785) 368-3910
 Topeka, KS 66603 www.topeka.org




 MEMORANDUM

To: Governing Body Members
From: Kelly J. Trussell, Chief of Prosecution
Re: Amendments to TMC 9.25.010 and 9.25.020
Date: May 1, 2024

The purpose of this memo is to explain the proposed technical amendments to TMC
9.25.010 and 9.25.020, concerning retaliatory actions taken by a landlord against a
tenant which would allege a violation of TMC 9.25.030.

The following are proposed changes to TMC 9.25.010:

Section 1 is the policy statement to support prosecution of retaliatory actions by
landlords against tenants when the tenant has taken action to defend their right to
a clean, safe, and sanitary dwelling. The proposed omissions of language is for the
purpose of making the policy statement more succinct, as well as remove wording
such as “where the eviction is motivated by . . .” to prevent the need for prosecution
to prove “motivation” for a criminal charge. The addition of the language “due to
retaliation or harassment” is for the purpose of placing the policy in-line with the
proposed amendments to TMC 9.25.020, which adds actions to the definition of
“retaliatory action” making a broader scope, yet more clarified explanation.

The following are proposed changes to TMC 9.25.020:

Eliminating “eviction” and amending it to “any action or proceeding to recover
possession of a dwelling from a tenant” allows prosecution in cases where no formal
“eviction” proceeding is pending or initiated, but instead the landlord has taken an
action to remove the tenant from the dwelling by any means, by a legal filing or
otherwise.

The amendment includes an addition of a fourth action that allows prosecution of
retaliation: “Harassing entry or repeated demands for entry of the tenant’s dwelling
unit by the landlord in violation of K.S.A. 58-2557 and/or K.S.A. 58-2571(b).” This
language mirrors the statutes within the Kansas Landlord Tenant Act and these
specific statutes define what “harassing entry” or “repeated demands for entry of the
tenant’s dwelling” without the ordinance having to do so.
Page 2 of 2



All of the proposed amendments to TMC 9.25.020 are beneficial amendments for
prosecution, tenants,Cityand
 Communications
 landlords. These amendments clarify exactly what
 City Hall, 215 SE 7th Street Tel: 785-368-0991
prosecution must prove in a criminal action, allow the tenants to better understand
 Topeka, KS 66603 www.topeka.org
what rights they have, and place clear notice to landlords as to what they may or may
not do in any situation that may occur under TMC 9.25.030.

It is prosecution’s recommendation that these amendments be passed.
 (Published in the Topeka Metro News _______________________)


 1 ORDINANCE NO. _____________
 2
 3 AN ORDINANCE introduced by Interim City Manager Richard U. Nienstedt,
 4 concerning retaliatory eviction, amending § 9.25.010 and §
 5 9.25.020 of the Topeka Municipal Code and repealing original
 6 sections.
 7
 8 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TOPEKA, KANSAS:

 9 Section 1. That section 9.25.010, Policy, of The Code of the City of Topeka,

10 Kansas, is hereby amended to read as follows:

11 Policy.

12 The Governing Body recognizes the fact that many tenants hesitate to defend

13 their right to a clean, safe and sanitary dwelling unit due to fear of eviction. It is hereby

14 declared to be the public policy of the City that no tenant in good standing should be

15 evicted from their dwelling unit due to retaliation or harassment.

16 Section 2. That the Code of the City of Topeka, Kansas, is hereby amended

17 by adding a section, to be numbered 9.25.020, which said section reads as follows:

18 Definitions.

19 “Dwelling unit” means a structure or the part of a structure that is used as a home,

20 residence or sleeping place by one person who maintains a household or by two or

21 more persons who maintain a common household.

22 “Good faith” means honesty in fact in the conduct of a transaction.

23 “Good standing” means that a tenant is not in arrears in the payment of rent and is in

24 compliance with the duties of a tenant enumerated in K.S.A. 58-2555 and amendments

25 thereto.

26 “Landlord” means the owner or lessor of a dwelling unit or the building of which the unit

27 is a part.



 ORD/Retaliatory Eviction 4/5/2024 1
28 “Rental agreement” means all agreements, written or oral, embodying the terms and

29 conditions concerning the use and occupancy of a dwelling unit.

30 “Retaliate” or “retaliatory action” shall include but not be limited to any of the following

31 actions by a landlord when such actions penalize a tenant because of an action

32 identified in TMC 9.25.030:

33 (1) Commencement of any action or proceeding to recover possession of a

34 dwelling from a tenant;

35 (2) Increasing the rent;

36 (3) Reduction of services required to be provided by the landlord pursuant to the

37 rental agreement and/or K.S.A. 58-2553 and amendments thereto; and

38 (4)Harassing entry or repeated demands for entry of the tenant’s dwelling unit by

39 the landlord in violation of K.S.A. 58-2557- and/or K.S.A. 58-2571(b).

40 “Tenant” means a person entitled under a rental agreement to occupy a dwelling unit.

41 Section 3. That original § 9.25.010 and § 9.25.020 of the Code of the City of

42 Topeka, Kansas, are hereby specifically repealed.

43 Section 4. This ordinance shall take effect and be in force after its passage,

44 approval and publication in the official City newspaper.

45 Section 5. This ordinance shall supersede all ordinances, resolutions or rules,

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

47 Section 6. Should any section, clause or phrase of this ordinance be declared

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

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

50 PASSED AND APPROVED by the City Council on ____________________.
51



 ORD/Retaliatory Eviction 4/5/2024 2
52 CITY OF TOPEKA, KANSAS
53
54
55
56 __________________________________
57 Michael A. Padilla, Mayor
58 ATTEST:
59
60
61
62 ________________________________
63 Brenda Younger, City Clerk




 ORD/Retaliatory Eviction 4/5/2024 3
 (Published in the Topeka Metro News _______________________)


 1 ORDINANCE NO. _____________
 2
 3 AN ORDINANCE introduced by Interim City Manager Richard U. Nienstedt,
 4 concerning retaliatory eviction, amending § 9.25.010 and §
 5 9.25.020 of the Topeka Municipal Code and repealing original
 6 sections.
 7
 8 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TOPEKA, KANSAS:

 9 Section 1. That section 9.25.010, Policy, of The Code of the City of Topeka,

10 Kansas, is hereby amended to read as follows:

11 Policy.

12 The Governing Body recognizes the fact that many tenants hesitate to defend

13 their right to a clean, safe and sanitary dwelling unit due to fear of eviction. It is hereby

14 declared to be the public policy of the City that ano tenant in good standing should not

15 be evicted from their dwelling unit where the eviction is motivated by the tenant’s

16 exercise of a legal right to complain, in good faith, to a landlord or government agency

17 that the dwelling unit endangers or impairs the health and safety of the tenantdue to

18 retaliation or harassment.

19 Section 2. That the Code of the City of Topeka, Kansas, is hereby amended

20 by adding a section, to be numbered 9.25.020, which said section reads as follows:

21 Definitions.

22 “Dwelling unit” means a structure or the part of a structure that is used as a home,

23 residence or sleeping place by one person who maintains a household or by two or

24 more persons who maintain a common household.

25 “Good faith” means honesty in fact in the conduct of a transaction.




 ORD/Retaliatory Eviction 4/5/2024 1
26 “Good standing” means that a tenant is not in arrears in the payment of rent and is in

27 compliance with the duties of a tenant enumerated in K.S.A. 58-2555 and amendments

28 thereto.

29 “Landlord” means the owner or lessor of a dwelling unit or the building of which the unit

30 is a part.

31 “Rental agreement” means all agreements, written or oral, embodying the terms and

32 conditions concerning the use and occupancy of a dwelling unit.

33 “Retaliate” or “retaliatory action” shall include but not be limited to any of the following

34 actions by a landlord when such actions penalize a tenant because of an action

35 identified in TMC 9.25.030:

36 (1) Commencement of evictionany action or proceeding to recover possession of a

37 dwelling from a tenant;

38 (2) Increasing the rent; and

39 (3) Reduction of services required to be provided by the landlord pursuant to the

40 rental agreement and/or K.S.A. 58-2553 and amendments thereto; and

41 (4)Harassing entry or repeated demands for entry of the tenant’s dwelling unit by

42 the landlord in violation of K.S.A. 58-2557- and/or K.S.A. 58-2571(b).

43 “Tenant” means a person entitled under a rental agreement to occupy a dwelling unit.

44 Section 3. That original § 9.25.010 and § 9.25.020 of the Code of the City of

45 Topeka, Kansas, are hereby specifically repealed.

46 Section 4. This ordinance shall take effect and be in force after its passage,

47 approval and publication in the official City newspaper.

48 Section 5. This ordinance shall supersede all ordinances, resolutions or rules,




 ORD/Retaliatory Eviction 4/5/2024 2
49 or portions thereof, which are in conflict with the provisions of this ordinance.

50 Section 6. Should any section, clause or phrase of this ordinance be declared

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

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

53 PASSED AND APPROVED by the City Council on ____________________.
54
55 CITY OF TOPEKA, KANSAS
56
57
58
59 __________________________________
60 Michael A. Padilla, Mayor
61 ATTEST:
62
63
64
65 ________________________________
66 Brenda Younger, City Clerk




 ORD/Retaliatory Eviction 4/5/2024 3
 COMMITTEE REFERRAL SHEET
 COMMITTEE REPORT
 Name of Public Health and Safety
 Committee:

 Title: ORDINANCE: Amended Retaliatory Eviction


 Date referred NA
 from Council
 meeting:

 Date referred April 15, 2024
from Committee:

 Committee MOTION: To support the technical amendments to the
 Action: Retaliatory Eviction Ordinance, and move it to the
 Governing Body for approval. Committee member Banks
 made a motion to approve. Committee member Valdivia-
 Alcalá seconded. Motion approved 4-0-0.

 Comments:

 Amendments: None.

 Members of Councilmembers Karen Hiller (Chair), Christina Valdivia-
 Committee: Alcalá, David Banks and Spencer Duncan.

 Agenda Date May 14, 2024
 Requested:
 CITY OF TOPEKA
 CITY COUNCIL Liz Toyne, Executive Assistant
 City Hall, 215 SE 7th St., Room 255 E-mail: etoyne@topeka.org
 Topeka, KS 66603-3914
 (785) 368-3710 www.topeka.org

 EXCERPT
 Classroom A, Law Enforcement Center, Topeka, Kansas, Monday, April 15, 2024. The
Public Health & Safety Committee members met at 10:00 A.M., with the following Committee
members present: Karen Hiller (Chair), Christina Valdivia-Alcalá, David Banks, Spencer
Duncan.

 The following is an excerpt of the draft minutes from the meeting:


Retaliatory Eviction Ordinance:

Chairwoman Hiller introduced that the Committee would be reviewing technical amendments to
the Retaliation Ordinance that had been previously adopted by the Governing Body. She noted
that, in the time since the original was passed, work was being done on the education
components of getting this ordinance pushed out. Not only the retaliation ordinance itself, but
also the safety net package that is still being worked on. Housing and Credit Counseling Inc
(HCCI) had provided some feedback in the beginning, however an attorney who has been active
in tenants and eviction defense project in Kansas City has been brought to the table since that
time. The attorney, along with HCCI, have gone through the language again, so that when it is
time to move into “education mode”, it is clear to both tenants and landlords what considerations
are being made.

The committee was provided two versions of the Ordinance. One was the current version with a
redline of changes. The other was the “clean” version. Changes include:
 • Section 1: Policy – The change puts this statement back to the way it was, to remove
 the mention of conviction a second time. It also leaves the language that is focused on
 retaliation and harassment as the key words.
 • Section 2 (1) – The change reverts back to the original language. This change was
 made to clarify that retaliatory actions are not limited to filing a suit in court, and in
 fact the purpose of this Act was to prevent those formal actions from happening. And
 to get repairs done and allow people to stay in place, as long as they are tenants in
 good standing.
 • Section 2 (4) – This is a new phrase. It talks about harassing entry, or repeated
 demands for entry for the tenant’s dwelling unit by the landlord.

Chairwoman Hiller noted that the amendments were made to help clarify the intentions, but did
not make any major changes to the current ordinance. Prosecutor Trussell agreed that the

Presented at the May 14, 2024 Governing Body Meeting
changes helped to clarify language to make it easier to understand for tenants and landlords. She
added that anytime that there is criminal action that would pend from an ordinance, it is best to
make it as clear as possible to both sides as to what the tenants’ rights are and what the
landlord’s actions cannot be.

Committee member Valdivia-Alcalá inquired if there could be more dialog to include examples,
if appropriate, with regard to Section 2(4)? City Prosecutor Kelly Trussell cited KSA 58-2557,
stating that statute sets forth the right to enter by a landlord, and what type of notice needs to
occur. In basic terms, it states the landlord has a right to enter the property, but provides
language for what the limitations are. So, if the landlord was in violation of that particular
statute, it would be clear that they are overstepping by not giving proper notice.

Prosecutor Trussell cited KSA 58-2571§(b) provides the definitions for repeated demands and
harassment of, and of entry, where it is unlawful to have repeated requests. It defines what
Harassment of Entry would be. By incorporating both of those statutes into the City’s Ordinance,
it clarifies for the landlord what they can and cannot do.

Committee member Valdivia-Alcalá inquired if this was the first time Section 4 was included in
the City’s ordinance? Chairwoman Hiller confirmed. She stated it has been part of the State of
Kansas’ Landlord Tenant Act under the Kansas Statutes, however is new for the City of Topeka.
Prosecutor Trussell agreed with Committee member Valdivia-Alcalá that including this language
into the City’s Ordinance not only sets forth, clearly, what the limitations and parameters are, but
that it also allows the City of Topeka to take more action on unlawful actions by a landlord if it is
in retaliation.

Chairwoman Hiller noted that the Governing Body had approved the ordinance on July 11, 2023.
She asked Prosecutor Trussell to provide a brief report on how that is going. Prosecutor Trussell
stated she had received about eight or nine total complaints from citizens on retaliatory eviction.
She has been able to chard one particular case, although it is in two different cases because it was
two acts of allegations of retaliation where there was an eviction notice that was alleged to be
based on actual reports to Property Maintenance for violations of the dwelling. There was also an
allegation that, prior to the eviction process, the management company had cut off the electricity
to the unit. Those were two different dates and two different allegations, so they are separated
out into two retaliatory actions and are currently pending in court. The other reports that have
been received have not been able to be charged, as of now, because most of them were due to the
tenant not being in good standing, by definition. They were behind on rent or something similar.

Prosecutor Trussell explained the process for handling these types of complaints and cases. The
complaints are sent to the Prosecution office directly, Prosecutor Trussell reviews them
immediately. She then gets in contact with the tenant and asks for any further documentation that
is needed, in order to decide on whether or not it fits the ordinance.

Committee member Valdivia-Alcalá thanked Prosecutor Trussell for her information and
commented that she felt this shows the challenge with education. One of the main concerns is
that tenants have to be up-to-date on their rent. They cannot stop paying. Chairwoman Hiller



Presented at the July 11, 2023 Governing Body Meeting Page 2
agreed and stated the considerations would help sync up the language that is on the City’s
website, HCCI’s website, the information that John Schardine has in his landlord packet.

Chairwoman Hiller shared that Abi Panecatl, the Tenant Landlord Counselor with HCCI, is
fluent in Spanish and English. She is ready to record an informational video in both languages
about this subject, but it was important that all of the language was final, so that the educational
preparation and printing of materials, could move forward.

Committee member Banks inquired about the recourse that a tenant could take in a scenario
where there had been an agreement between a tenant and landlord, and for some reason one party
did not keep up their end of the agreement and the landlord began the eviction process.
Prosecutor Trussell stated that a tenant in good standing, is a tenant who has abided by its lease,
whatever those requirements would be and would state the landlord’s duties, as far as what
services and obligations to the tenant, would be set forth in the lease. If the landlord is supposed
to maintain the grass, or provide the utilities, then those things must be abided by within that
contract within the lease. The same would go for the tenant. The tenant cannot be the cause of
the violations, and then not allow entry to have those issues fixed, or not fix them if they are
obligated to do so. That is why it is really important for Prosecutor Trussell to have the lease
agreement in front of her when she is looking at retaliatory allegations.

Chairwoman Hiller included that the Kansas Residential Landlord Tenant Act recognizes a rental
agreement that can be verbal or written. The City has lately focused on the apartment complexes
that have deteriorated so badly, and where they have been a number of problems, and that the
leases may have clauses that are not enforceable. It is the State Law and the City’s local Property
Maintenance Code that are the core for those relationships. HCCI helps with the education part,
but people can call any time. Careful consideration was made to the amendments at first, to
ensure it said “the law and the rental agreement” throughout the local retaliatory eviction
ordinance. These are some reasons why the Prosecution office has kept the Complaint Form,
instead of only the affidavit. The form helps provide additional details that can be considered.

Prosecutor Trussell clarified that this would be run through as a criminal action. Regardless if
there was or was not something in writing to prove what obligations were, taking this to trial
would allow for testimony. The Fact Finder would have to determine what was or was not part of
the agreement, and if what happened was a retaliatory action or not. The Prosecutors office
would provide all of the evidence of what the tenant’s action was that would support the
allegation of the retaliation, and then the landlord would have the opportunity to provide a
defense and demonstrate that these things were not retaliatory. Ultimately it would be up to the
Fact Finder, which is the judge in this case, to decide what actually occurred.

Chairwoman Hiller included that this was a piece of the safety net for Property Maintenance in
rental situations. This is a Changing Our Culture movement, in coordination with Legal. She
noted that, although taking a case to court and fining a landlord might address some of the issue,
it still does not provide compensation to the tenant. The Kanas Landlord Tenant Act provides for
damages for tenants, if landlords have failed to maintain. Part of the safety net that is still being
worked on, ensures that there will be full education on if there is any eviction defense through
some sort of contract or pro bono/low cost attorneys that are willing to help out.

Presented at the July 11, 2023 Governing Body Meeting Page 3
Additional conversation regarding legal counsel/representation at eviction hearings was had.
Committee member Duncan suggested reviewing what Kansas City, Kansas is doing.

MOTION: To support the technical amendments to the Retaliatory Eviction Ordinance, and
move it to the Governing Body for approval. Committee member Banks made a motion to
approve. Committee member Valdivia-Alcalá seconded. Motion approved 4-0-0.

 ***************************




Presented at the July 11, 2023 Governing Body Meeting Page 4
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 May 14, 2024


DATE: May 14, 2024
CONTACT PERSON: Richard Faulkner, DOCUMENT #:
 Development Services
 Division Director
SECOND PARTY/SUBJECT: Trade Board Residency PROJECT #:
 Requirement
CATEGORY/SUBCATEGORY 013 Ordinances - Codified / 002 Administration
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

DISCUSSION concerning residency requirements for Trade Board membership. (The Policy and Finance
Committee recommended approval on April 23, 2024.)

(Approval will open eligibility for board membership to qualified candidates that live in Shawnee County but
work or own a business in the city of Topeka.)

VOTING REQUIREMENTS:
Discussion only. Action requires at least five (5) votes of the City Council. The Mayor does not vote.
POLICY ISSUE:
This is a request to modify Section 5.63.120 of the Topeka Municipal Code to allow people who live in the county
and either work or own a business in the city to serve on city boards. The current ordinance requires that you live
in the city limits to serve on city boards. We have had several candidates apply to sit on our boards but were
denied because the did not live in the city limits but they worked in the city or owned a business in the city. We
have three trade boards that are in need of members. The boards are required to have 5 members. The
plumbing and mechanical boards are in need of two members and the electrical board is in need of one member.
We have had candidates apply but were denied because they did not live in the city limits.
STAFF RECOMMENDATION:
Discussion only. Staff is recommending approval by the Governing Body when the ordinance is considered.
BACKGROUND:
The Board of Building Fire and Appeals went through a similar process to help fill seats on the board with
qualified candidates. he board worked to get the requirement modified to allow people who live in the county and
work in the city to be allowed to sit on city boards.
BUDGETARY IMPACT:
Not applicable.
SOURCE OF FUNDING:
Not applicable.

ATTACHMENTS:
Description
Cover Memo - R. Faulkner (April 12. 2024)
Proposed Ordinance
Policy and Finance Committee Presentation (April 23, 2024)
Policy and Finance Committee Report (April 23, 2024)
Policy and Finance Committee Meeting Minutes Excerpt (April 23, 2024)
 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: April 23, 2024

To: Policy & Finance Committee
 Marcus Miller
 Spencer Duncan
 Michelle Hoferer

From: Richard Faulkner, Division Director Development Services

Subject: Topeka Municipal Code 5.63.120


 At the present time we have three trade boards, Plumbing, Mechanical and Electrical,
 which need members to fill the boards. The Plumbing Board is down 2 members,
 Mechanical Board down 2 members, and the Electrical Board down 1 member. We have
 reached out to people in these trades to get members. We had some response and had
 people in these trades submit applications to join the boards but were not selected. The
 issue that they faced is they do not live within the city limits so their applications were
 denied.


 This is an issue that was faced by the Board of Building Fire Appeals (BBFA). To
 address this issue the BBFA worked to get the requirement of living within City limits
 modified. They were able to get it modified to allow board members who own a business
 or work within the city limits be allowed to be on BBFA. We are working to get this
 same modification applied to the trade boards.
 1 (Published in the Topeka Metro News _______________________)
 2
 3 ORDINANCE NO. _____________
 4
 5 AN ORDINANCE introduced by Interim City Manager Richard U. Nienstedt,
 6 concerning the establishment of boards for each trade created,
 7 amending § 5.63.120 of the Topeka Municipal Code and repealing
 8 original section.
 9
10 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TOPEKA, KANSAS:

11 Section 1. That section 5.63.120, Boards, of The Code of the City of Topeka,

12 Kansas, is hereby amended to read as follows:

13 Boards.

14 (a) Boards for Each Trade Created. There is hereby created a board for each of

15 the licensed trades: Board of Electrical Appeals, Board of Plumbing Appeals, and Board

16 of Mechanical Appeals. Such boards shall have five members and shall be comprised of

17 two masters licensed in the particular trade, two journeymen licensed in the particular

18 trade, and an engineer, practicing in the particular trade, appointed in accordance with

19 TMC 2.205.010 and the Charter Ordinance codified at Appx. A, Section A2-72.

20 Provided, however, the two positions designated to be filled by journeymen may be

21 filled by licensed journeymen, licensed masters, or engineers practicing in that particular

22 trade. Further, a candidate for a position on the board, who is otherwise qualified but

23 does not reside in the City, may be appointed if the candidate resides in Shawnee

24 County and is employed or operates a business within the City. The purpose of the

25 boards shall be to hear appeals from administrative decisions and upon request from

26 the administration to review applicants in accordance with this chapter.

27 (b) Terms of Members. The terms of office for the members of the trade

28 licensing boards shall be two years.



 ORD/Trade License Board Criteria 4/25/24 1
29 (c) Chairpersons. The chairpersons of the trade licensing boards shall be

30 selected by a majority vote of the members thereof.

31 (d) Licensing Authority. The Board shall have the final authority to determine the

32 experience and competency to take the examination for the particular license. The

33 Development Services Director shall review all initial applications prior to testing to

34 determine eligibility and shall notify the applicant of the test results within seven working

35 days after receipt of the test results. Any appeals from the licensing determination of the

36 Development Services Director shall be made to the Board.

37 (e) Authority to Hear Appeals, Permit Exceptions and Grant Variances or Waivers.

38 (1) The Board shall have authority to hear and determine appeals from

39 interpretations or other determinations by the Development Services Director of the

40 code.

41 (2) The Board shall also have the authority to grant exceptions, variances or

42 waivers from the code provisions in cases or situations which meet the purpose and

43 intent of the code. An exception, variance or waiver shall only be granted in those

44 situations that will not endanger life or limb, health, property, or public welfare. All

45 requests for appeals from interpretation of the code by the Development Services

46 Director, exceptions, variances or waivers shall be written. Such application shall be

47 accompanied by a full written explanation of the rationale and reasoning for such

48 request.

49 (3) Procedure for appeal and granting exceptions, variances or waivers shall be

50 in accordance with TMC 2.45.010 et seq. Provided, however, appeals under this




 ORD/Trade License Board Criteria 4/25/24 2
51 chapter shall be to the Board and not to a Hearing Officer. Further, the decision of

52 the Board shall constitute the final determination by the City.

53 (f) Authority to Suspend or Revoke License.

54 (1) The Board shall be empowered to suspend a license for infractions including

55 but not limited to the following:

56 (i) Failure to obtain a permit prior to initiating work on the project.

57 (ii) Creating a hazardous situation which endangers life and/or property.

58 (iii) Failure to correct a written violation notice within the allotted time.

59 (2) The Board shall be empowered to revoke a license for infractions including

60 but not limited to the following:

61 (i) Loaning of his license to another individual or company.

62 (ii) Creating a hazardous situation which endangers life and/or property.

63 (iii) Subsequent violations of failure to obtain a permit prior to initiating

64 work on the project, creating a hazardous situation which endangers life and/or

65 property, or failure to correct written violation notice within the allotted time after

66 having been previously suspended for such violation.

67 (3) The Development Services Director shall send written notice to the license

68 holder setting forth the alleged infraction(s) and setting forth a time and place at

69 which the proposed suspension or revocation will be heard by the Board. Procedure

70 for administrative hearings related to suspension or revocation shall be in

71 accordance with TMC 2.45.010 et seq. to the extent applicable. Provided, however,

72 appeals under this chapter shall be to the Board and not to a Hearing Officer.

73 Further, the decision of the Board shall constitute the final determination by the City.




 ORD/Trade License Board Criteria 4/25/24 3
74 During the course of suspension or revocation, all work shall cease except that work

75 necessary to correct a hazardous situation or correct a written violation notice.

76 Section 2. That original § 5.63.120 of The Code of the City of Topeka, Kansas,

77 is hereby specifically repealed.

78 Section 3. This ordinance shall take effect and be in force from and after its

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

80 Section 4. This ordinance shall supersede all ordinances, resolutions or rules,

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

82 Section 5. Should any section, clause or phrase of this ordinance be declared

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

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

85 PASSED AND APPROVED by the Governing Body on ____________________.

86
87 CITY OF TOPEKA, KANSAS
88
89
90
91 __________________________________
92 Michael A. Padilla, Mayor
93 ATTEST:
94
95
96
97 ________________________________
98 Brenda Younger, City Clerk




 ORD/Trade License Board Criteria 4/25/24 4
Topeka Municipal Code
 Amendment
 Section 5.63.120 Boards
Current Code 2


Our current municipal code requires that all members of our
boards reside within the city limits of Topeka:
 TMC 2.205.010 …Unless otherwise provided, all
 members appointed to any board, commission, or
 plural authority shall be residents of the City…
Overview 3


• The current code limited the number of people who may
  apply to a board
• Our trade boards are not filled at this time (Plumbing-2,
  Mechanical-2, and Electrical-1)
• We reached out to our contractors in these fields to get
  candidates for these boards.
• We had enough candidates to fill the boards but they
  did not live in the city limits
• The Board of Building Fire and Appels (BBFA) was faced
  with same situation
Review Process 4



• We have sent out emails to our licensed contractors to get
  their input on looking into modifying this code to include
  people who live in the county and either own a business or
  work in Topeka
• We discussed this proposal with the trade boards and the
  BBFA
• The BBFA was able to get the requirement modified to allow
  people who live in the county and either own a business or
  work in Topeka to join their board
Conclusion 5



• All the trade boards and the BBFA have recommended
  that we bring this request to amend this code to the
  Governing Body
• Staff supports this recommendation
• Our trade boards are important part of the development
  of our community, and having these boards full is
  important to collect input and feedback
 COMMITTEE REFERRAL SHEET
 COMMITTEE REPORT
 Name of Policy & Finance
 Committee:

 Title: Ordinance: Modification to Section 5.63.120 of the TMC

Date referred
from Council
 meeting:

Date referred April 23, 2024
 from
 Committee:

  Committee MOTION: Committee member Hoferer made a motion to approve the
 Action: request to amend the TMC 5.65.120. Committee member Miller seconded.
 Motion approved 3-0-0.



  Comments:



 Members of Councilmembers Spencer Duncan (Chair), Marcus Miller,
 Committee: Michelle Hoferer
Agenda Date May 14, 2024
 Requested:
 CITY OF TOPEKA
 CITY COUNCIL Liz Toyne, Executive Assistant
 City Hall, 215 SE 7th St., Room 255 E-mail: etoyne@topeka.org
 Topeka, KS 66603-3914
 (785) 368-3710 www.topeka.org

 EXCERPT
 1st Floor Conference Room; Cyrus K. Holliday Building Topeka, Kansas, Tuesday, April
23, 2024. The Policy & Finance Committee members met at 2:00 P.M., with the following
Committee members present: Duncan (Chair), Miller, and Hoferer.

 The following is an excerpt of the draft minutes from the meeting:

 APPROVAL by the Committee of an ORDINANCE to modify Section 5.63.120 of the
 Topeka Municipal Code to allow people who live in the county and either work or own a
 business in the city to serve on city boards.

Trades Board Membership Residency Requirement
Development Services Division Director Richard Faulkner presented information on the
Municipal Code, section 5.63.120 Boards. Presently, applicants to City Trade Boards are
required to reside within the city limits of Topeka. This has put limitations on professionals who
work in Topeka, and some recent applicants own businesses in Topeka, but live outside of the
city limits. At present time, there are three (3) City Trade Boards and all of the boards are short
members. This begins to cause a problem when it comes to being able to have a quorum to hold a
meeting and conduct business.

Presentation Highlights:
Current board vacancies include: 2 on the Board of Plumbing Appeals, 2 on the Board of
Mechanical Examiners Appeals, and 1 on the Board of Electrical Appeals.

Contractors in these fields are contacted to help recruit candidates for the boards.

There have been enough qualified candidates that were needed, however they do not reside
inside of the city-limits.

The Board of Building Fire and Appeals (BBFA) was faced with the same situation.

Staff sent emails to licensed contractors to seek input on interest of modifying the code to
include people who live in the county and either own a business or work in Topeka. – The
feedback received was positive and in favor of this change.

Staff discussed the proposal with the trade boards and the BBFA. – They were also in favor of
the change.

Presented at the May 14, 2024 Governing Body Meeting Page 1
The BBFA was able to get the requirement modified to allow people who live in the county and
either own a business or work in Topeka to join their board. They had also experienced this issue
previously.

Staff supports the recommendation, as does all of the trade boards and the BBFA and is seeking
approval by the Governing Body to amend it.

The trade boards are an important part of the development of our community, and having these
boards full is important to collect input and feedback.

Questions/Comments:
Committee member Hoferer voiced support for approving this. She provided testimony from a
professional standpoint on the matter to support what Division Director Faulkner presented on.

Chairman Duncan noted the BBFA change was made about two years ago and echoed the same
concerns that they had faced prior to the change, and felt that people who worked or owned
businesses inside of the city limits still provided an investment into Topeka. He noted that the
change has since been positive and he would also support doing this for the Trade Boards.

Committee member Miller touched on the same sentiments made by the other Committee
members.

Interim City Manager Nienstedt anecdotally pointed out that this model being considered is not
unusual, and that there are other communities that have faced the same issue. He stated that
whether or not the tradespeople live in the city they work in, they share the same goal to try and
ensure that the trade is regulated correctly and fairly.

MOTION: Committee member Hoferer made a motion to approve the request to amend the TMC
5.65.120. Committee member Miller seconded. Motion approved 3-0-0.

 ***************************




Presented at the May 14, 2024 Governing Body Meeting Page 2
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 May 14, 2024


DATE: May 14, 2024
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 166,
 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 – May 14, 2024

 CITY COUNCIL CHAMBERS, Topeka, Kansas, Tuesday, May 14, 2024. The Governing

 Body members of the City of Topeka met in regular session at 6:00 P.M. with the following

 Councilmembers present: Councilmembers Hiller, Valdivia-Alcala, Ortiz, Banks, Kell, Miller,

 Dobler, and Hoferer -8. Councilmember Duncan participated remotely -1. Mayor Padilla

 presided -1.

 Public comment for the meeting was available via Zoom or in-person. Individuals were

 required to contact the City Clerk's Office at 785-368-3940 or via email at cclerk@topeka.org by

 no later than 5:00 p.m. on May 14, 2024, after which the City Clerk's Office provided the Zoom

 link information and protocols prior to the meeting start time. Written public comment was also

 considered to the extent it was personally submitted at the meeting or to the City Clerk's Office

 located at 215 SE 7th Street, Room 166, Topeka, Kansas, 66603 or via email at

 cclerk@topeka.org on or before May 14, 2024, for attachment to the meeting minutes.

 AFTER THE MEETING was called to order Reverend Shirley D. Heermance, St. Mark’s

African Methodist Episcopal Church, provided the invocation.

 THE PLEDGE OF ALLEGIANCE was recited by meeting participants.

 BOARD APPOINTMENT recommending the appointment of DeAna Morrison to the

NOTO Business Improvement District Advisory Board to fill a term ending May 14, 2026, was

presented. (Council District No. 2)

 BOARD APPOINTMENT recommending the appointment of Jim Edwards to the City of

Topeka Citizens Advisory Council for an expired term ending May 10, 2027, was presented.

(Council District No. 7)



 05-14-24
 81
 Councilmember Dobler moved to approve the appointments. The motion seconded by

Councilmember Ortiz carried unanimously on roll call vote. Mayor does not vote. (9-0-0)

 Richard U. Nienstedt, Interim City Manager, introduced Daniel Garrett, new City of

Topeka Communications Division Director.

 A PRESENTATION on the NOTO Business Improvement District 2025 Budget and

Program of Services, was provided by Thomas Underwood, NOTO Arts and Entertainment

District Executive Director.

 CONSENT AGENDA was presented as follows:

 RESOLUTION NO. 9534 introduced by Councilmember Karen Hiller, approving a special

event known as Tap That Brew Festival, was presented. (Council District No. 1)

 RESOLUTION NO. 9535 introduced by Councilmember Karen Hiller granting The Celtic

Fox an exception to the provisions of City of Topeka Code Section 9.45.150, et seq., concerning

noise prohibitions, was presented. (Council District No. 1)

 RESOLUTION NO. 9536 introduced by Councilmember Valdivia-Alcala, approving a

special event known as the Our Lady of Guadalupe 91st Annual Fiesta Mexicana, was

presented. (Council District No. 2)

 RESOLUTION NO. 9537 introduced by Councilmember Valdivia-Alcala, granting Our

Lady of Guadalupe an exception to the provisions of City of Topeka Code Section 9.45.150, et

seq., concerning noise prohibitions, was presented. (Council District No. 2)

 RESOLUTION NO. 9538 introduced by Councilmember Valdivia-Alcala granting a

waiver to the provisions of City of Topeka Code Section 10.60.120 relating to parking on

unimproved surfaces for the Our Lady of Guadalupe 91st Annual Fiesta Mexicana, was

presented. (Council District No. 2)

 05-14-24
 82
 MINUTES of the regular meeting of May 7, 2024, was presented.

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

Councilmember Ortiz carried unanimously on roll call vote. (10-0-0)

 CONTRACT NO. 52105 an employment agreement between the City of Topeka and Dr.

Robert M. Perez, Jr. to serve as City Manager, was presented.

 Amanda Stanley, City Attorney, reported approval of the proposed employment agreement

requires six votes of the Governing Body.

 Councilmembers Hiller, Valdivia-Alcala and Kell, and Mayor Padilla spoke in support of

the agreement as written and thanked Dr. Perez, Jr. for accepting the position. They expressed their

appreciation to the community for engaging in the hiring process.

 Councilmember Dobler thanked Strategic Government Resources for working on behalf of

the City and helping the Governing Body secure a permanent city manager.

 Dr. Robert M. Perez, Jr., thanked the Governing Body for providing him the opportunity to

serve as the next city manager.

 Councilmember Kell moved to approve the employment agreement. The motion seconded

by Councilmember Miller carried unanimously on roll call vote. (10-0-0)

 RESOLUTION NO. 9539 introduced by Interim City Manager Richard U. Nienstedt

further amending Resolution of Advisability and Authorization No. 9279, as previously amended

by Resolution No. 9330, which provides street improvements for Sherwood Park Subdivision

No. 9 as more specifically described herein, was presented.

 Braxton Copley, Public Works Director, reported the benefit district was established and a

project budget of $888,000 via Resolution No. 9279 was approved in December 2021; and in June

2022, the Governing Body approved Resolution No. 9330 increasing the estimated or probable

 05-14-24
 83
cost of the project to $965,033; therefore, the petition and resolution are being revised one final

time to reflect the final project costs of $1,028,889.34. He stated the project was constructed over

two construction seasons, requiring two years of temporary notes instead of the routine one-year

temporary note. He noted the project included design and construction services, asphalt pavement,

curb and gutter, grading, curb inlets and storm sewer pipes.

 Councilmember Duncan left the meeting.

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

Councilmember Banks carried unanimously on roll call vote. (9-0-0)

 ORDINANCE NO. 20488 introduced by Interim City Manager Richard U.

Nienstedt, concerning retaliatory eviction, amending Sections 9.25.010 and 9.25.020 of the Topeka

Municipal Code and repealing original sections, was presented. (The Public Health and Safety

Committee recommended approval by a vote of 4-0-0 on April 15, 2024.)

 Kelly Trussell, Chief of Prosecution, reported in July 2023, the Governing Body approved

an Ordinance No. 20439 concerning retaliatory eviction, and the Public Health and Safety

Committee approved the following language amendments to the ordinance on April 15, 2024:

 Section 1: Policy – Reverts back to original ordinance language to remove the mention of
 eviction a second time and keeps the language focused on retaliation and harassment as the
 key words.

 Section 2 (1) – Reverts back to the original ordinance language. This change was made to
 clarify that retaliatory actions are not limited to filing a suit in court, and in fact the purpose
 of this Act was to prevent those formal actions from happening, allowing repairs to be
 completed and for people to stay in place as long as they are tenants in good standing.

 Section 2 (4) – New language that addresses harassing entry, or repeated demands for entry
 for the tenant’s dwelling unit by the landlord, wording drawn from and reference to Kansas
 Residential Landlord and Tenant Act language.

 Councilmember Valdivia-Alcala thanked those who remain invested in improving the

living situations of individuals and families dealing with retaliatory conditions. She spoke to the
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aggressive education campaign that was about to be underway and encouraged citizens, City Staff

and Governing Body members to become involved in the Changing Our Culture Of Property

Maintenance efforts.

 Patrick DeLapp spoke in opposition of the retaliatory eviction ordinance and the proposed

language amendments. He stated he believes the process was not working.

 Councilmember Hiller reported Housing and Credit Counseling, Inc., (HCCI) supports the

language amendments. She spoke to the aggressive education campaign that was about to be

underway and thanked Chief of Prosecution Trussell for her work on the proposal.

 Councilmember Hiller moved to adopt the ordinance. The motion was seconded by

Councilmember Valdivia-Alcala.

 The ordinance was adopted on roll call vote as follows: Ayes: Councilmembers Hiller,

Valdivia-Alcala, Ortiz, Banks, Kell, Miller, Dobler, and Hoferer -8. (The Mayor does not vote. The

proposed ordinance involves a matter of home rule on which the Mayor has veto authority.)

 DISCUSSION concerning residency requirements for Trade Board membership was

presented. (The Policy and Finance Committee recommended approval on April 23, 2024.)

 Richard Faulkner, Development Services Division Director, reported the request was to

modify Section 5.63.120 of the Topeka Municipal Code to allow people who live in the county and

either work or own a business in the city to serve on City boards. He stated the current ordinance

requires the individual to live in the city limits to serve on city boards. He noted there have had

several candidates apply to sit on the trade boards; however, they were denied because they did not

live in the city limits but did work or own a business in the city. He stated the ordinance would be

considered for action on May 21, 2024.

 Councilmember Hiller asked if consideration was given to combining the trade boards to

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reduce board member vacancies.

 Division Director Faulkner stated it was discussed; however, it would be difficult to find a

person with the skill set to serve on a combined trade board.

 PUBLIC COMMENT was provided by the following individuals:

 Marc Price referenced the TopCity Marathon that took place on April 27, 2024, and

provided an update on event statistics. He thanked City Staff members for their assistance in

making the event a great success.

 Climerteen Ceazer spoke in opposition of requiring residents to pay for the repair of

sidewalks and questioned why tax dollars could not be used to pay for the expense.

 Sandra Lassiter asked when the DREAMS grant funds would be distributed. She

referenced the 100th anniversary of the Topeka Council of Colored Women’s Club and stated the

organization has been trying to resolve a waterline leak resulting in a large water bill. She

referenced the “Readiness to Serve” charge for water meters and expressed concern with how this

new City policy was effecting senior citizens.

 Greg King stated he was a landlord and expressed concern with tenants having more rights

than landlords. He stated the City of Topeka Property Maintenance Division removed materials

from his property that he needs to perform his job duties which he believes was an unconstitutional

act.

 ANNOUNCEMENT BY THE CITY MANAGER, MAYOR AND MEMBERS OF THE

COUNCIL;

 Brenda Younger, City Clerk, provided an overview of the May 21, 2024 Governing Body

meeting Agenda.



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 Councilmember Hiller announced various events celebrating the 70th anniversary of the

Brown v. Board of Education of Topeka, Kansas, the landmark civil rights Supreme Court case.

She distributed posters regarding the City of Topeka Changing Our Culture of Property

Maintenance and provided an update on the initiative, specifically the mowing program.

 Councilmember Ortiz announced a public meeting would be held on May 15, 2024 at 5:30

p.m. at Grace United Methodist Church located at 2627 SW Western Avenue, Topeka, to discuss

Topeka Boulevard street improvements from SW 21st Street to SW 29th Street.

 Councilmember Kell thanked Richard U. Nienstedt, Interim City Manager, for his service

to the City of Topeka.

 Councilmember Miller announced the 40th anniversary of the Topeka Habitat for Humanity

non-profit organization and highlighted their contribution to the community. He stated more

information could be found online at https://www.topekahabitat.org/.

 Councilmember Hoferer commented on the solar lights recently installed on 6th Street west

of Fairlawn and noted, she would support installing more of these types of lights around the city.

She thanked the Public Works and Utility Departments for hosting the 2024 Citizens Academy.

 Following a 10-minute recess, Councilmember Ortiz moved to recess into executive

session not to exceed 40 minutes to discuss matters deemed privileged under the Attorney-Client

Privilege involving multiple litigation as allowed under KSA 75-4319(b)(2). The open meeting

will resume in the city council chambers. The following staff will be necessary to assist the

Governing Body in its deliberations, City Attorney Amanda Stanley, Chief of Litigation Nick

Jefferson, and any other staff the Governing Body find




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 Mayor Padilla asked all those in favor of recessing into to an executive session to indicate

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

carried on voice vote. Councilmember Ortiz voted “no.” (8-1-0)

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

Mayor Padilla announced no action was taken during the executive session.

 NO FURTHER BUSINESS appearing the meeting was adjourned at 8:10 p.m.




 (SEAL)
 Brenda Younger City Clerk




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