Governing Body — Topeka, KS
Date: 2024-09-17

Governing Body Minutes – September 17, 2024

 CYRUS K. HOLLIDAY BUILDING, Topeka, Kansas, Tuesday, September 17, 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, Kell,

Duncan, Dobler, Miller and Hoferer -8. Mayor Padilla presided -1. Absent: Councilmember

Banks -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 September 17, 2024, after which the City Clerk's Office provided the

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

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

Office located at 215 SE 7th Street, Room 012B, Topeka, Kansas, 66603 or via email at

cclerk@topeka.org on or before September 17, 2024, for attachment to the meeting minutes.

 AFTER THE MEETING WAS CALLED TO ORDER, Councilmember Kell provided the

invocation.

 THE PLEDGE OF ALLEGIANCE was recited by meeting participants.

 ADVISORY COUNCIL REAPPOINTMENT of Aricles "Wulf" Roby to the City of

Topeka Americans with Disabilities Act (ADA) Advisory Council for a term ending October 4,

2026, was presented. (Council District No. 6)

 ADVISORY COUNCIL REAPPOINTMENT of Joe Cheray to the City of Topeka

Americans with Disabilities Act (ADA) Advisory Council for a term ending September 30, 2026,

was presented. (Council District No. 9)

 BOARD APPOINTMENT recommending the reappointment of Del-Metrius Herron to the
 09-17-24
 236
 Topeka Planning Commission for a term ending September 30, 2027, was presented. (Council

 District No. 6)

 BOARD APPOINTMENT recommending the appointment of Joseph Mauk to the Topeka

 Planning Commission for a term ending September 30, 2027, was presented. (3-mile

 Extraterritorial Jurisdiction)

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

 Councilmember Kell carried unanimously on roll call vote. The Mayor did not vote. (8-0-0)

 CONSENT AGENDA was presented as follows:

 APPROVAL of workers' compensation claim settlement in the amount of up to $50,000 to

resolve the claim with Dustin Ebert on a full and final basis for a work-related injury sustained by

the employee while engaged in normal work duties, was presented.

 MINUTES of the regular meeting of September 10, 2024, was presented.

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

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

 RESOLUTION NO. 9584 introduced by City Manager Dr. Robert M. Perez, establishing a

date for a public hearing concerning the adoption of a plan pursuant to the Neighborhood

Revitalization Act K.S.A. 12-17, 114 et seq, was presented.

 Dan Warner, Planning Division Director, reported approval would set the public hearing

date of October 15, 2024, to consider renewal of the City's Neighborhood Revitalization Plan for

years 2025-2027.

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

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



 09-17-24
 237
 ORDINANCE NO. 20519 introduced by City Manager Dr. Robert M. Perez, concerning

adoption of the 2024 edition of the Standard Traffic Ordinances, amending § 10.15.010 and §

10.15.020 of the Topeka Municipal Code and repealing original sections, was presented.

 Amanda Stanley, City Attorney, reported the ordinance was discussed at the September 10,

2024, Governing Body meeting and approval would adopt the most recent version of the STO.

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

Councilmember Dobler. The Mayor did not vote. (The proposed ordinance involves a matter of

home rule on which the Mayor has veto authority.)

 The ordinance was adopted on roll call vote as follows: Ayes: Hiller, Valdivia-Alcala, Ortiz,

Kell, Miller, Dobler, Duncan and Hoferer -8.

 ORDINANCE NO. 20520 introduced by City Manager Dr. Robert M. Perez, concerning

adoption of the 2024 edition of the Uniform Public Offense Code, amending § 9.05.080 of the

Topeka Municipal Code and repealing original section, was presented.

 Amanda Stanley, City Attorney, reported the ordinance was discussed at the September 10,

2024, Governing Body meeting and approval would adopt the most recent version of the UPOC

with current statutory changes.

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

Padilla. The Mayor did not vote. (The proposed ordinance involves a matter of home rule on

which the Mayor has veto authority.)

 The ordinance was adopted on roll call vote as follows: Ayes: Hiller, Valdivia-Alcala, Ortiz,

Kell, Miller, Dobler, Duncan and Hoferer -8.

 ORDINANCE NO. 20521 introduced by City Manager Dr. Robert M. Perez, imposing a

real estate lien, pursuant to K.S.A. 12-808c, upon certain lots and pieces of ground in Shawnee

 09-17-24
 238
County, Kansas, to pay the cost for utility services where such payments to the City have not been

made due to neglect, failure or refusal to pay, was presented.

 Nicole Malott, Deputy Utilities Director, reported Staff was recommending approval of the

ordinance as proposed and noted, the City would accept payments until September 30, 2024.

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

Councilmember Ortiz.

 The ordinance was adopted on roll call vote as follows: Ayes: Hiller, Valdivia-Alcala, Ortiz,

Kell, Miller, Dobler, Duncan, Hoferer and Mayor Padilla -9.

 RESOLUTION NO. 9585 introduced by City Manager Dr. Robert M. Perez, regarding the

upcoming Shawnee County Tax Foreclosure Sale, was presented.

 Amanda Stanley, City Attorney, reported approval would authorize the City Manager to

evaluate the properties for purchase at the September 19, 2024, Shawnee County Tax Foreclosure

Sale, and purchase those properties he finds necessary to mitigate the City's loss of special

assessment revenue. She stated in the upcoming tax sale there are lots that have significate past due

special assessments, specifically in the Lauren’s Bay Subdivision.

 Braxton Copley, Assistant City Manager, reported the City has identified 19 parcels eligible

for development due to water, sewer, gas and electric infrastructure already in place. He stated

approval of the resolution would allow the City to protect its interest under Kansas law as it relates

to the delinquent special assessments due on those 19 parcels.

 Henry McClure stated he believes Shawnee County was not adhering to the tax policy

outlined on the County’s website concerning the sale of vacant, commercial and residential lots.

He spoke to the need to generate new property inventory and revenue. He reported he has asked



 09-17-24
 239
Attorney General Kris Kobach to review the tax foreclosure procedure being followed by Shawnee

County for consistency.

 Councilmember Valdivia-Alcala spoke in opposition of the resolution. She stated she

understands the City was trying to find a solution to a bad situation caused by a developer years

ago. She cautioned the Governing Body against setting precedence for similar situations. She

spoke to the importance of local governments have the authority to sue limited liability companies

and developers who do not want to pay taxes. She referenced the varying definitions of the use of a

“Land Bank” and believes the 19 parcels being considered in Lauren’s Bay Subdivision do not fit

the definition of Land Bank usage.

 Councilmember Ortiz asked if the specials assessed against the properties would be sent to

collections when the parcels are sold.

 City Attorney Stanley explained special assessments related to nuisance abatement or

demolition can be sent to collections prior to being sold at a tax sale, however, special assessments

for public infrastructure would not be allowed under Kansas law to be sent to collections.

 Councilmember Dobler reported the vacant lots in Lauren’s Bay Subdivision have been an

issue since 2008 because the City allowed a developer to connect water, sewer and street

infrastructure to approximately 130 lots and imposing applicable special assessments. He noted the

routine amount of lots allowed by the City to connect to a single (water, sewer or street) public

infrastructure improvement was 50-60 lots. He spoke to the low taxable value per capita of the city

of Topeka, and the need to increase the value of the community through increasing the number of

residential homes which could be accomplished through the proposal being considered. He

expressed his confidence in Staff to purchase the lots at reasonable prices. He reminded the

Governing Body that no matter the decision made on this resolution and the next resolution on the

 09-17-24
 240
agenda, delinquent special assessments as well as all taxes associated with the subset of lots (22 of

the 130) being discussed will be eliminated on September 19, 2024.

 Councilmember Duncan reported the parcels have been owned by several people since

2008, and from his perspective he believes the City needs to intervene and maximize the parcels

through applicable programs such as the Land Bank and generate property tax revenue. He spoke

to the importance of recouping as much debt as possible that has incurred over the years. He

reported it was his understating the Lauren’s Bay Subdivision parcels sold in the 2023 Shawnee

County Tax Foreclosure Sale are still vacant and have not been developed as well as the imposition

of special assessments have started over with the new owners.

 Councilmember Hiller asked Councilmember Dobler to provide an overview of the options

available to the Governing Body as it relates to the parcels.

 Councilmember Dobler stated the options available for consideration include:

 1. Parcels are sold to individual buyers liking result in no new development due to the
 extenuating circumstances of the location of utilities to certain lots.
 2. The City would purchase the lots and donate to the Land Bank and obtain a single
 developer through the City’s RFP process to build new affordable residential homes; or
 3. Allow the parcels to be sold to a developer as outlined in the next agenda item and
 recoup the amount of delinquent property taxes owed.

 Councilmember Kell referenced the purchase of Hotel Topeka and stated he remains

cautious about the tax sale and expressed his aggravation with developers that use the City as a

financial vessel instead of using their own funds. He spoke in support of the Land Bank concept.

 Councilmember Duncan reminded the Governing Body that the Land Bank rules and

regulations would have to be followed.

 Councilmember Dobler acknowledged the concerns raised by Councilmember Kell;

however, he believes this was the best option to recoup as much money as possible for the lots.


 09-17-24
 241
 Councilmember Hiller asked if there are developers interested in building on the lots if the

Land Bank process was used.

 Councilmembers Duncan and Dobler reported in general there are local developers

interested in utilizing the City’s Land Bank process.

 Councilmember Hoferer spoke in support of the resolution due to infrastructure already

being in place and the potential to increase the tax base.

 Councilmember Valdivia-Alcala asked what the cost range of the houses would be and if it

would be considered affordable housing.

 Rhiannon Friedman, Planning and Development Division Director, reported the cost range

of the houses would be between $300,000 and $500,000.

 Councilmember Dobler reported the funds received from the purchase of the lots could be

allocated to the Land Bank to use for affordable housing in feasible areas of the city.

 Mayor Padilla spoke in support of the resolution and the opportunity to pursue a different

solution to the problem by recouping as much money as possible while generating much needed

housing and increasing the tax base.

 Councilmember Hiller thanked Councilmembers Dobler and Duncan for their work on the

proposal and for explaining the intent of the resolution. She stated was nervous about the new plan;

however, it was a crucial time to address much needed housing.

 Councilmember Duncan moved to approve the resolution. The motion was seconded by

Councilmember Dobler carried unanimously on roll call vote. Councilmember Valdivia-Alcala

voted “no.” (8-1-0)

 RESOLUTION NO. 9586 introduced by Councilmembers Neil Dobler and Spencer

Duncan regarding Lauren’s Bay, was presented.

 09-17-24
 242
 Councilmember Dobler reported approval would forgive past due special assessments for

properties in the September 19, 2024 Shawnee County Tax Foreclosure Sale with the primary

shareholder of Jim Klausman in exchange for full payment of back due property taxes and

negotiated payment for 19 lots in Lauren’s Bay Subdivision by the end of 2024. He recognized this

was not an ideal solution; however, it was a good start and would require a development agreement

to be negotiated by the end of the year outlining the details and addressing some of the concerns

expressed by the Governing Body in the previous agenda item. He thanked City Attorney Amanda

Stanley for her work on the proposal.

 Councilmember Duncan spoke in support of the resolution. He stated the proposal was a

small piece of a larger plan to address much needed infill housing development and provides more

options to develop the parcels and generate potential tax revenue.

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

Councilmember Duncan.

 Councilmember Valdivia-Alcala asked for clarification of the three options available for

consideration by the Governing Body. She also asked how much the developer owes in back taxes

for the 19 lots being considered; the total amount of tax debt he owes for the entire 130 lots; and

how long has he owned the lots in the Lauren’s Bay Subdivision.

 Amanda Stanley, City Attorney, summarized the options available for consideration by the

Governing Body:

 1. Do nothing resulting in the potential loss of $997,000 owed in back due property taxes.

 2. Authorize the City Manager to purchase the 19 lots at the September 19, 2024,
 Shawnee County Tax Foreclosure Sale.

 3. Approve the resolution and forgive past due special assessments for properties in the
 upcoming September 19, 2024, Shawnee County Tax Foreclosure Sale with the primary
 shareholder of Jim Klausman in exchange for full payment of back due property
 09-17-24
 243
 taxes and negotiated payment for the lots by the end of 2024, or the lots shall be
 donated by the Developer to the City’s land bank. The transfer shall occur no later than
 March 3, 2025. Approval would also waive the requirement in its RHID concerning
 outstanding back due taxes and specials prior to application to allow the Developer to
 submit the lots in Lauren’s Bay for RHID Consideration.

 Rhiannon Friedman, Planning and Development Director, reported the total amount of

special assessments and back due property taxes on the 19 lots being considered was $997,000; the

total owed to the City by the developer for uncollected special assessments, penalties and back due

property taxes are $6.7 million as of June 2024; and the developer has owned property in Lauren’s

Bay Subdivision for approximately 15 years.

 Councilmember Valdivia-Alcala stated she would oppose the resolution because Mr.

Klausman was being treated differently than other developers and being allowed to waive the

money that is owed to taxpayers.

 Councilmember Kell referenced other developments owned by Mr. Klausman in the city

and inquired on the amount of overall debt owed to the City by the developer.

 Jennifer Sourk, Klausman Legal Counsel, reported Mr. Klausman pays approximately $3.5

million annually in property taxes and employs approximately 500 people in the community. She

stated Mr. Klausman has owned the lots since 2015, and he will have to pay a substantial amount

of money upfront to make the lots buildable.

 Councilmember Dobler reminded the Governing Body approval of the proposed resolution

would be the only option that would generate money for the City. He spoke to the success of the

Wheatfield Village development as well as the many other positive contributions Mr. Klausman

makes to the community.




 09-17-24
 244
 Councilmember Valdivia-Alcala questioned if the RHID was granted to Mr. Klausman if

the City would be liable if the same preferential treatment was not offered to other developers in

similar situations.

 City Attorney Stanley confirmed there was always the chance the City could be sued;

however, consideration would be given to the fact the Governing Body conducted thoughtful

deliberation; and if there was rationale behind the decision made – which has taken place in this

instance. She stated in the future, if a developer made the same request as Mr. Klausman the same

type of deliberation would need to take place by the Governing Body.

 Councilmember Valdivia-Alcala referenced the Low to Moderate Income (LMI) population

that she serves in her district and stated the LMI population would not support the proposal due to

the blatant special treatment Mr. Klausman would be receiving. She referenced comments made by

Jennifer Sourk and stated, business owners need employees as much as employees need business

owners.

 Councilmember Dobler inquired if any person or business that owes any type of back taxes

could ask the City for a waiver.

 City Attorney Stanley confirmed waivers do occur for LMI properties. She reported City

policy allows LMI properties that have lower amounts of back due taxes and specials assessments

owed to be granted a waiver based on purposes of economic development along with formal

validation by the Property Maintenance Division Director.

 Councilmember Ortiz stated she concurs with statements made by Councilmember

Valdivia-Alcala and expressed concern with Mr. Klausman purchasing the lots from the City and

then selling the lots to a different developer.



 09-17-24
 245
 Councilmember Dobler spoke to the control the City would have over the negotiations of

the details of the development agreement to be approved by the Public Infrastructure Committee

and the Governing Body.

 Councilmember Hiller stated if they approve the resolution the City will receive money for

back due taxes and special assessments along with the option of assessing future special

assessments. She asked City Attorney Stanley to explain how future specials would be assessed.

 City Attorney Stanley stated regardless of the option approved, the City will continue to

work with bond counsel to determine the correct amount of annual special assessments on the

remaining properties.

 Jennifer Sourk, Klausman Legal Counsel, reported multiple local banks are involved in the

September 19, 2024, Tax Foreclosure Sale for lots in Lauren’s Bay Subdivision due to the failed

investment from 2008. She stated as an entrepreneur and dedicated citizen of the community, Mr.

Klausman was attempting to create a successful plan for the failed subdivision.

 Councilmember Hiller thanked Mr. Klausman for his assistance in rehabilitating downtown

including the successful investment of the Kansan, Crosby and Dible Buildings, with all property

taxes being current.

 Councilmember Duncan reminded the Governing Body that State law provides local

government flexibility as it relates to the approval of a proposed RHID, and this proposal allows

for the financial restructuring - not forgiveness of the lots and generates money back to the

taxpayers.

 Henry McClure spoke in support of the resolution and the opportunity to collect $997,000

of back due taxes. He stated they must grow the population before they can grow the tax base. He

spoke to the difficulty of being a developer in Topeka.

 09-17-24
 246
 Mayor Padilla spoke in support of the resolution. He expressed the importance of making

informed decisions based on each situation by allowing developers to assist when offered. He

thanked Governing Body members and Staff for their assistance in finding a solution to a difficult

situation.

 The motion to approve the resolution carried. Councilmember Valdivia-Alcala voted “no.”

(8-1-0)

 RESOLUTION NO. 9587 introduced by City Manager Dr. Robert M. Perez approving the

issuance by the City of Wichita, Kansas, of its Health Care Facilities Revenue Bonds for the

purpose of financing or refinancing the acquisition, construction, improvement and equipping of

senior living and health care facilities located in the city of Topeka, Kansas, was presented.

 Ben Hart, Interim Chief Finance Officer, reported approval would authorize the City of

Wichita to issue revenue bonds for the benefit of Presbyterian Manors, Inc., to finance and

refinance projects at the Topeka Presbyterian Manor.

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

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

 Following a 10-minute recess the meeting reconvened into open session.



 APPROPRIATION ORDINANCE NO. 20522 introduced by City Manager Dr. Robert M.

Perez, approving and adopting the operating budget for the City of Topeka for the year 2025 and

appropriating the amounts for the purpose as set forth therein, was presented.

 Dr. Robert M. Perez, City Manager, thanked Staff for their extraordinary work on the

budget. He commended the Governing Body for asking the tough questions and thanked citizens

for their input.

 09-17-24
 247
 Danielle Twemlow encouraged the Governing Body to make the tough decisions without

delay and invest in preventative measure solutions to address gun violence. She expressed the

importance of supporting a public safety approach that invests in human infrastructure by reducing

the cost of violence through the investment of social services.

 City Manager Perez reported Staff continues to listen to the input received by residents and

work to better understand the challenges facing residents regarding increased taxes. He distributed

a handout outlining his proposed budget cuts (Attachment A) resulting in a zero mill levy

increase. He reported the mill levy would remain flat at a rate of 36.952 for the 2025 budget.

 Josh McAnarney, Budget Manager, stated the initial 2025 proposed budget reflected a mill

levy rate of 37.952 and the proposed cuts would reduce the budget by one mill as stated by City

Manager Perez. He highlighted the proposed budget cuts as follows:

 • Reduce the Mill Levy back to Current Rate: Set the overall mill levy rate to 36.952,
 which is the current rate. Within this mill levy, transfer 1 mill from the Debt Service
 Fund to the General Fund. This shift will provide the General Fund with $1,438,998 in
 operational revenue.
 • Eliminate Vacant Positions: Remove 8 vacant positions as listed in Attachment A.
 • Ombudsman Funding: Transfer the funding for the Ombudsman position to the Water
 Fund.
 • Temporarily Un-fund Vacant Positions for 2025: Temporarily un-fund 6 positions for
 2025 as listed in Attachment A. The City will retain these positions but will not fill
 them in 2025.
 • Adjust Property Tax Collection Rate: Best practice is to assume a 95% collection rate
 for property taxes paid to the city. Based on recent collection history averaging 96%,
 we will adjust the projection to a 95.5% collection rate, which is expected to generate
 approximately $200,000 in additional revenue.
 • Fire Union Adjustment: The fire union personnel budget is projected to increase.

 City Manager Perez reiterated no employee would lose their job as it relates to the

proposed un-funded positions, and he does not anticipate much of a service impact because the

positions have been vacant for several months as well as he has thoroughly discussed the position

vacancies with department directors.

 09-17-24
 248
 Councilmember Ortiz asked for further explanation of the transfer of the funding for the

Ombudsman position to the Water Fund.

 City Manager Perez stated currently the Ombudsman position performs a high volume of

customer service duties like the Water Customer Service Department; therefore, he believes there

was an opportunity to gain efficiencies through the nexus of their similar job duties.

 Councilmember Hiller questioned the debt service level being proposed for 2025. She

stated the city has been working hard to reduce the City’s borrowing level and using cash for

operational costs when financially feasible.

 Budget Manager McAnarney reported Staff remains cognizant of the amount bonded each

year and noted, Staff proposed bonding the FIRM program for 2025 instead of paying for it with

cash and converting the DREAMS program financing from bonds to cash. He also reported two

previously bonded projects have been converted to Federal Fund Exchange dollars to offset the

DREAMS program conversion.

 Councilmember Dobler referenced the unexpected ending balance of $15 million of

Unassigned Reserve Funds over and above the 20% Reserve Fund balance threshold in 2024. He

recognized the need to use these funds to help balance the 2025 budget; however, Staffs needs to

continue the mindset of bonding as little as possible. He stated if they do not use the entire amount

of the reserve funds or have excess reserve funds at the end of 2024, the logical place to use these

funds would be to finance the FIRM and DREAMS programs.

 Councilmember Hiller distributed a handout outlining proposed budget amendments

(Attachment B) detailing her itemized list to address what she believes was a $20.6 million

shortfall for the 2025 budget. She expressed concern with temporary adjustments being proposed

by Staff to balance the 2025 budget and how it would impact the 2026 budget.

 09-17-24
 249
 Councilmember Kell spoke in opposition of the 2% deferral of budgeted pay advancements

for non-union general fund employees totaling $420,000.

 Councilmember Duncan reported inflation was approximately 3% so he would support a

3% increase for non-union general fund employees instead of the potential 5% increase reducing

the 2025 budget by approximately $600,000. He referenced potential cuts that may be necessary to

balance the 2026 and 2027 Budgets, and he would rather employees keep their jobs with a small

pay increase than potentially lose their jobs in out years.

 Councilmember Ortiz stated she would support a 3% increase for non-union general fund

employees. She spoke in opposition of the $500,000 proposed cut to Homeless Camp Abatements.

She inquired on the need to sufficiently fund a new court appointed attorney in 2025.

 Councilmember Hiller referenced the proposed camping ordinance that would soon be

introduced to the Governing Body to assist in dealing homeless camps. She stated if people were

only allowed to camp three nights at a time and are demonstrating that all city ordinances are being

followed such as prohibiting illegal items within the camping structure, complying with the animal

leash laws, prohibiting trash at the camp sites, etc., the expense associated with homeless camp

abatements would be much less.

 Karan Thadani, Municipal Court Judge, reported $197,000 was allotted in 2024 for the

City’s court appointed attorney, and he believes the City of Topeka will be required to pay closer in

the range of $600,000 to $1 million for the same services in the future. He stated Staff continues to

work on a viable solution.

 Councilmember Ortiz thanked Kevin Cook, owner of Cook Law Office, for his 30 years of

service with the City of Topeka. She expressed the importance of making sure enough money was



 09-17-24
 250
included in the 2025 budget to cover the cost of a new court appointed attorney for the City of

Topeka.

 Councilmember Valdivia-Alcala confirmed a newly proposed camping ordinance was

being drafted; however, it will not address the issues associated with the homeless encampments

until the city has more affordable housing available and the Built for Zero program was

implemented. She expressed her confidence in Staff as it relates to the proposed budget and

believes proposing amendments for $20.6 million instead of the $15 million as proposed by Staff

was confusing to citizens.

 Councilmember Duncan asked if overtime efficiencies are being realized now that some

departments are fully staffed and if so, are those offsets being considered in the long-term budget.

 City Manager Perez reported the Topeka Fire Department currently operates within their

overtime budget; however, he believes overtime funds will always be needed due to call backs.

 Randy Phillips, Topeka Fire Chief, stated only recently has the Topeka Fire Department

been considered fully staffed making it difficult to gauge the amount saved from decreased

overtime. He reported they will continue to monitor overtime closely in 2024.

 Jamey Holtham, Interim Topeka Police Chief, stated they continue to work to reduce the

vacancies which in turn will reduce overtime costs in the long-term.

 Councilmember Duncan encouraged all City departments to closely monitor the cost of

overtime as it compares to hiring full-time employees in the long-term.

 Councilmember Duncan moved to approve the amendments as proposed by the City

Manager (Attachment A) and direct Staff to adjust the State budget forms before submission. The

motion seconded by Councilmember Miller carried unanimously on roll call vote. (9-0-0)



 09-17-24
 251
 Councilmember Dobler spoke to the overall intent of the proposed budget amendments

(Attachment B) presented by Councilmember Hiller. He stated the 2025 Budget has been set and

Staff can start making plans on how they are going to balance the 2026 and 2027 Budgets knowing

there will not be a big increase in the mill levy, if any, due to the current financial environment and

continued increases in taxes by all entities. He noted, no matter the mill levy rate, Staff has always

been able to provide the basic services needed including Police, Fire and Public Works as well as

other needed services as they can. He stated he believes they do not need to consider each

amendment separately, but instead, give directive to the City Manager to review the document

while keeping future budgets in mind.

 Councilmember Dobler moved to adopt the ordinance as amended. The motion was

seconded by Councilmember Valdivia-Alcala.

 Councilmember Hiller suggested they make a stronger provision by limiting the use of

Unassigned Reserve Funds to $10 million and/or challenging the City Manager to find $5 million

of budget cuts by December 20, 2024, so the proposed list could be considered as well as other

items. She expressed concern with depleting the Unassigned Reserve Fund.

 Councilmember Kell referenced out-year budget projections and stated they need to

consider raising the mill levy in small increments and hopefully avoid a large increase in out-years.

 Councilmember Duncan stated based on many factors he believes they will have funds at

the end of the year to allocate funds to the Unassigned Reserve Fund.

 Councilmember Dobler stated after some thought he would support the use of the

Unassigned Reserve Funds as proposed by the City Manager because the policy concerning the

allocation of those funds would still be in effect, and any amount over the 20% threshold would be

added back into the that fund. He asked for brief quarterly updates on the status of the budget. He

 09-17-24
 252
again requested the proposed amendments by Councilmember Hiller are considered as Staff looks

forward to the 2026 and 2027 Budgets.

 City Manager Perez confirmed high-level quarterly financial updates would be provided to

the Governing Body.

 Councilmember Hiller stated her amendments were based on an assessment by Staff that

the 2024 budget would likely have a $2 million shortfall.

 Budget Manager McAnarney stated Staff was projecting $2 million of expenses over

revenue if the DREAMS program was funded with cash instead of bonding; however, if they opted

to bond the DREAMS program and change other project funding to Federal Fund Exchange

dollars it would result in approximately $500,000 of expenses over revenue.

 Councilmember Hiller expressed concern with depleting the Unassigned Reserve Fund to

balance the 2025 budget and then facing an even larger budget deficit in 2026.

 Mayor Padilla asked Councilmember Dobler if the motion to approve the ordinance as

amended carried if it was his intent that they work with the City Manager and Staff and determine

which proposed amendments could be seriously considered.

 Councilmember Dobler concurred with Mayor Padilla.

 City Manager Perez announced he intends to schedule a Governing Body retreat to get a

better understanding of the Governing Body’s priorities, service levels expectations as well as

present proposed revenue and fee adjustments as they begin to work on the 2026 budget.

The motion to adopt the ordinance as amended with the provision that the City Manager and Staff

consider the amendments proposed by Councilmember Hiller (Attachment B) as they begin to

consider the 2026 and 2027 budgets; and direct Staff to adjust the State budget forms before

submission carried.

 09-17-24
 253
 The ordinance was adopted on roll call vote as follows: Ayes: Valdiva-Alcala, Ortiz, Kell,

Miller, Dobler, Duncan, Hoferer, and Mayor Padilla -8. Noes: Hiller -1

 DISCUSSION regarding a proposal to amend the Construction and Licensing Fees in the

Topeka Municipal Code to implement bi-annual contract licensing, was presented.

 Richard Faulkner, Development Services Division Director, reported approval of the

proposed ordinance would allow licenses to be issued on a two-year cycle. He stated the Policy

and Finance Committee recommended approval by a vote of 3-0-0 on August 15, 2024, and all

applicable trade boards support the proposed change.

 Councilmember Duncan suggested City licenses be changed to renew on the license

anniversary date; if the fee was going to change to make all changes simultaneously; and offer a

split payment option with an increased fee assessed in year two. He referenced the upcoming

comprehensive review of all city fees and recommended when feasible, that all fees be changed to

a two-year cycle.

 Councilmember Kell spoke in opposition of imposing additional fees with the two-year

split payment plan.

 Rhiannon Friedman, Planning and Development Director, reported all fees and payments

options will be included in their review.

 Mayor Padilla spoke in support of a split payment plan.

 PUBLIC COMMENT was submitted by Joseph Ledbetter, Patrick DeLapp and Henry

McClure (Attachment C) and provided by the following individuals:

 Danielle Twemlow expressed her disappointment with the Governing Body for inserting

their personal bias into the decisions that impact others. She expressed her frustration with

bringing solutions to the Governing Body about community issues and not being heard many

 09-17-24
 254
different realms. She asked the Governing Body to review the broad definition of community

safety and the importance of providing resources to allow for the front-loading of people power.

 Henry McClure suggested offering a discount for those applicants that pay their license fees

upfront. He expressed his disappointment in the City of Topeka and GO Topeka regarding failed

economic development and their desire to control the business deals. He suggested the annual $5

million allocated to GO Topeka for economic development be reallocated for infrastructure

improvements.

 Councilmember Valdivia-Alcala left the meeting.

 ANNOUNCEMENTS BY THE CITY MANAGER, MAYOR AND MEMBERS OF THE

COUNCIL;

 Councilmember Kell urged students and citizens, “if they see something, say something”

and report suspicious activity to local authorities.

 Councilmember Miller announced the Shawnee County Crime Stoppers was a good

resource to anonymously report crimes.

 Councilmember Dobler thanked the Topeka Police Department for enforcing speed limits

throughout the city. He requested a presentation on the Wichita State University EMS Study in

October 2024. He thanked Councilmember Ortiz for helping him with his constituents while he

was ill.

 Councilmember Hiller announced she has been invited to attend the annual meeting of the

“Brown 5” where representatives from the states of Delaware, Kansas, Washington, D.C., South

Carolina and Virginia, all national sites considered to be part of the Brown v. Board of Education

National Historical Site, will share their stories and explore the different sites. She also reported

that with the broadening of the national historic site to a national historic park and the inclusion of

 09-17-24
 255
the South Carolina site as a national historic park, Congress was in the process of rewriting the

interpretive programing that should tell the story about the Brown v. Board of Education National

Park. She stated this would be a good time to provide input on the interpretive programming for

the park while the language was being considered locally and nationally.

 Councilmember Ortiz thanked the Topeka Fire Department for their help with a recent

residential fire in District 3.

 Councilmember Miller moved extend the meeting past 10:00 p.m. The motion seconded by

Councilmember Kell carried. Councilmember Ortiz voted “no.” (7-1-0)

 Councilmember Kell moved to recess into executive session for a time not to exceed 20

minutes to discuss employer-employee negotiations relating to one or more unions as justified by

K.S.A. 75-4319(b)(3). The open meeting will resume in the Cyrus K. Holliday building First Floor

Conference Room. The following individuals will be necessary to aid the Governing Body in its

discussion, City Manager Perez and other staff he deems necessary. The motion was seconded by

Councilmember Miller.

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

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

carried unanimously on voice vote. Councilmember Ortiz voted “no.” (7-1-0)

 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.

 Mayor Padilla moved to recess into executive session not to exceed 15 minutes to discuss

one or more matters in litigation deemed privileged under the Attorney-Client Privilege as allowed

under K.S.A. 75-4319(b)(2). The open meeting will resume in the Cyrus K. Holliday building

First Floor Conference Room. The following staff will be necessary to assist the Governing Body

 09-17-24
 256
in its deliberations, City Attorney Amanda Stanley and any other staff the Governing Body finds

useful. The motion was seconded by Councilmember Hoferer.

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

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

carried unanimously on voice vote. Councilmember Ortiz voted “no.” (7-1-0)

 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 adjourned at 10:20 p.m.



 (SEAL)
 Brenda Younger City Clerk




 09-17-24
 257
ATTACHMENT A
ATTACHMENT B
ATTACHMENT C