Governing Body — Topeka, KS
Date: 2024-04-09

Governing Body Minutes – April 9, 2024

 CITY COUNCIL CHAMBERS, Topeka, Kansas, Tuesday, April 9, 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, Oritz, Banks, Kell, Miller,

 Dobler, Duncan and Hoferer -9. 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 April 9, 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 April 9, 2024, for attachment to the meeting minutes.

 AFTER THE MEETING was called to order Councilmember Hoferer provided the

invocation.

 THE PLEDGE OF ALLEGIANCE was recited by meeting participants.

 A PRESENTATION on the Topeka Sustainability Advisory Board Annual Update was

provided by Michaela Saunders, Topeka Sustainability Advisory Board Chair. Ellen Grey, Cub

Scout in Pack 3010 spoke in support of the Topeka Sustainability Advisory Board.

 Councilmember Valdivia-Alcala requested the Board provide an update in 6 months and

include a comparison summary of the recommendations of the Board outlining the positive and

negative impacts of the recommendations.

 CONSENT AGENDA was presented as follows:



 04-09-24
 93
 RESOLUTION NO. 9513 introduced by Councilmember Spencer Duncan, granting

Autumn Heydenreich an exception to the provisions of City of Topeka Code Section 9.45.150, et

seq., concerning noise prohibitions, was presented. (Council District No. 8)

 MINUTES of the regular meeting of April 2, 2024, was presented.

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

Councilmember Dobler carried unanimously. (10-0-0)

 PUBLIC HEARING

 To consider a petition filed by McFarland Farm Master Association Owners Association,
 Inc., to vacate a portion of the right-of-way for SW Steeplechase Lane.

 ORDINANCE NO. 20484 introduced by Interim City Manager Richard U. Nienstedt

relating to the vacation of a portion of the island in SW Steeplechase Lane just south of SW 10th

Avenue in McFarland Farm Subdivision in the City of Topeka, Shawnee County, Kansas, was

presented. (V23S/03) (Council District No. 9)

 Dan Warner, AICP, Planning Division Director, reported the Home Owners Association

(HOA) currently insures the landscaping within the island including the water feature and a bronze

monument and the HOA wishes to gain ownership. He stated no public utilities are located within

the proposed vacated area, no issues were raised by reviewing agencies and notice requirements

have been met for the public hearing.

 Mayor Padilla opened the public hearing and asked if there was anyone present who would

like to speak to the matter. Upon no one appearing the public hearing was closed.

 Councilmember Hoferer moved to adopt the ordinance. The motion seconded by

Councilmember Miller carried unanimously. (10-0-0)

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

 Hiller, Valdivia-Alcala, Ortiz, Banks, Kell, Miller, Dobler, Duncan, Hoferer and Mayor
 04-09-24
 94
 Padilla -10.

 RESOLUTION NO. 9514 introduced by Public Infrastructure Committee comprised of

 Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of Project

 Nos. 701045.00, 281250.13 and 501105.13 for reconstruction of the intersection with waterline

 replacement and stormwater conveyance system rehabilitation for 21st Street and Topeka

 Boulevard, was presented. (Approved by the Public Infrastructure Committee on March 27,

 2024.)

 Braxton Copley, Public Works Director reported the Public Infrastructure recommended

approval on March 27, 2024 to authorize a total project budget of $2,586,416 for the complete

reconstruction of the intersection at SW 21st Street and Topeka Boulevard in conjunction with

Waterline Replacement and Stormwater System improvements. He stated in order to move forward

with the project efficiently and effectively the intersection will require full closure from August to

December 2024.

 Councilmember Ortiz encouraged residents and public safety vehicles to slow down in

construction zones and to be patient during the construction season to ensure the safety of street

workers.

 Councilmember Kell commended Staff for combining the waterline and stormwater

improvements to best utilize resources. He asked residents to be patient and allow the much

needed repairs to take place.

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

Councilmember Banks carried unanimously. (10-0-0)

 RESOLUTION NO. 9515 introduced by Public Infrastructure Committee comprised of

Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of Project

 04-09-24
 95
Nos. 841091.01, 841097.01, 601133.02, 281162.02, 281245.02 and 501105.11 for Hi-Crest

Neighborhood Street Maintenance, was presented. (The Public Infrastructure Committee

recommended approval on March 27, 2024)

 Braxton Copley, Public Works Director, reported the Public Infrastructure recommended

approval on March 27, 2024 to authorize a 2-year project with a total project budget of $6,515,365

for massive pavement rehabilitation in addition to replacement of curb and gutter, water mains,

and storm sewer system in the Hi-Crest Neighborhood.

 Councilmember Ortiz expressed her excitement for the much needed project and

encouraged Governing Body members to approve the project.

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

Councilmember Kell carried unanimously. (10-0-0)

 RESOLUTION NO. 9516 introduced by Interim City Manager Richard U. Nienstedt

regarding additional funding for operations and maintenance of Hotel Topeka, was presented.

 Richard U. Nienstedt, Interim City Manager, thanked the Governing Body for taking the

necessary steps to keep a valuable asset of the city operational.

 Braxton Copley, Public Works Director, reported approval would authorize an additional

$500,000 tranche of operational funds from the General Fund (Hotel Non-Departmental Expense)

to operate and maintain Hotel Topeka. He stated only $30,000 of the initial $1 million allocated for

operations and maintenance remains.

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

Councilmember Miller carried. Councilmembers Valdivia-Alcala, Ortiz and Banks voted “no.” (7-

3-0)

 DISCUSSION and APPROVAL of a Contract between the City of Topeka and the Topeka

 04-09-24
 96
Cemetery Association for an additional budget allocation to provide for supplemental funding in

the amount of $50,000 for the purchase of a backhoe loader, was presented.

 Richard U. Nienstedt, Interim City Manager, spoke to the importance of the request and the

community pride associated with the cemetery.

 Councilmember Valdivia-Alcala spoke to the beauty of the cemetery and the importance of

providing financial support for the historical landmark.

 Councilmember Ortiz spoke to the importance of maintaining the cemetery and honoring

the historic people that have been laid to rest. She stated the contract language has been revised to

include an additional $50,000 to purchase a backhoe loader.

 Lisa Ford, Topeka Cemetery Association, highlighted past and present volunteer events

that have assisted with the maintenance of the cemetery. She invited Governing Body members to

participate in the annual Historic Topeka Cemetery Ghost Tour in October.

 Councilmember Kell commended TCA employees for their work in helping to maintain the

cemetery. He recognized the community pride associated with the cemetery and encouraged

citizens to volunteer to help with maintenance.

 Councilmember Hiller thanked Lisa Ford for her service in maintaining the cemetery and

promoting historic pride in the community.

 Councilmember Ortiz moved to suspend the rules to add a contract to the agenda for

consideration between the City of Topeka and the Topeka Cemetery Association for an additional

budget allocation to provide for supplemental funding in the amount of $50,000 for the purchase of

a backhoe loader. The motion seconded by Councilmember Dobler carried unanimously. (10-0-0)

 Councilmember Ortiz moved to approve a contract between the City of Topeka and the

Topeka Cemetery Association for an additional budget allocation to provide for supplemental

 04-09-24
 97
funding in the amount of $50,000 for the purchase of a backhoe loader. The motion seconded by

Councilmember Dobler carried unanimously. (10-0-0)

 DISCUSSION of the proposed 2025-2034 Capital Improvement Plan and 2025-2027

Capital Improvement Budget, was presented.

 Josh McAnarney, Budget Manager, reported this was the last scheduled discussion and

requested Governing Body members propose amendments at this time.

 Councilmember Dobler stated he believes they have spent adequate time discussing the

CIP and CIB and would support approval on April 16, 2024.

 Councilmember Hiller thanked Staff for their work on the process and for providing

detailed answers to her questions. She referenced Staff’s proposal to fund the FIRM Program with

bonds instead of cash for the next 3 years. She spoke in support of keeping the FIRM Program in

the Operating Budget because it was considered maintenance funds not capital improvement funds.

She asked Staff to research if the approximately 30 unfunded vacant positions that were added

prior to the 2023 Operating Budget are still needed or if there would be enough funds generated

from these potential vacancies to keep the FIRM Program in the 2025 Operating Budget.

 Councilmember Ortiz thanked Staff for their work and detailed explanation of the CIP and

CIB.

 Councilmember Duncan proposed the following amendments to the Capital Improvement

Plan (CIP) and reported the Topeka Performing Arts Center (TPAC) should be included in the CIP

to provide long-term financial stability. Proposed amendments total $1.6 million to be allocated

over 5 years:

 • Amend the Capital Improvement Plan for fiscal years 2025-2029 to allocate $325,000
 annually to the Topeka Performing Arts Center (TPAC) for the purpose of capital
 improvement expenditures.

 04-09-24
 98
 • The Board of Trustees of TPAC, in conjunction with relevant city staff, shall develop plans
 outlining the specific capital improvement projects to be undertaken each fiscal year, along
 with costs and timelines.
 • The Board of Trustees of TPAC will present the improvements to the City Council
 Infrastructure Committee for approval prior to any expenditures.

 Councilmember Hiller asked if Councilmember Duncan has prepared a list of funding

suggestions to cover the cost of the proposed TPAC funding allocation amendments.

 Councilmember Miller stated he concurs with Councilmember Duncan and spoke to the

importance of improving the facility so revenue could be generated at its full potential.

 Mayor Padilla spoke in support of the proposed TPAC funding amendments and the

important role TPAC plays in the community.

 PUBLIC COMMENT was provided by the following individuals:

 Loretta Anno, Caravan Mobile Home Park resident, spoke to the issues being created by

the landlord to include a substantial increase in rent as well as tenants must now cover the cost of

water, sewer and trash. She spoke to the need of repairing the streets and providing for ADA

accessibility in the Park. She asked the Governing Body for help with the dire situation.

 Paul Lassley, Caravan Mobile Home Park resident, spoke to the need to adopt an ordinance

to address overgrown vegetation for the purpose of protecting the safety of the residents in the

Mobile Home Park. He asked the Governing Body if they are going to help the residents.

 Kat Hamilton spoke in support of the Topeka Sustainability Advisory Board Report and the

importance of the recommendations. She also spoke in support of a full-time City of Topeka

Sustainability Advisory Coordinator. She expressed concern with the declining environmental

threats and the need to grasp these issues as an opportunity to make a change. She encouraged the

Governing Body to hire a new city manager that was committed to the sustainability of the city of

Topeka.

 04-09-24
 99
 Henry McClure spoke in support of Mainline Printing's capacity to facilitate a build-to-suit

arrangement and offer a long-term lease for the relocation of the City’s Fleet Garage. He stated he

believes the City and County should allow the “market” to determine what type of businesses

should be attracted to the Topeka-Shawnee County area.

 ANNOUNCEMENT BY THE CITY MANAGER, MAYOR AND MEMBERS OF THE

COUNCIL;

 Brenda Younger, City Clerk, provided and overview of the April 16, 2024 Governing Body

meeting agenda.

 Richard U. Nienstedt, Interim City Manager, announced the City received a $30,000 grant

for Latino entrepreneurial opportunities

 Councilmember Hoferer announced upcoming street closings due to the Polk-Quincy

Viaduct Project and encouraged residents to find alternative routes. She stated more project

information could be found online at https://www.polkquincy.ksdot.gov/.

 Councilmember Hiller thanked Councilmember Dobler for introducing the resolution

requiring all CIP project budgets exceeding $250,000 be approved separately by the Governing

Body. She thanked City Staff and residents for their assistance with hiring a new city manager.

 Councilmember Valdivia-Alcala provided an update on the efforts that have been made by

the City to provide relief for Caravan Mobile Home Park residents and expressed the importance

of the residents taking an active role in seeking justice. She asked Park residents to call her at 785-

233-7110 so they can work together to find a resolution.

 Councilmember Kell thanked Staff members and citizens for their assistance in helping the

Governing Body hire a new city manager.



 04-09-24
 100
 Councilmember Miller thanked City Staff members and residents for engaging in the city

manager hiring process. He spoke to the importance of exposing kids to different experiences and

sports and the positive impact it has on their lives. He announced the Topeka Rowing Association

would host a “Learn to Row” event on June 1, 2024.

 Councilmember Dobler thanked the five city manager candidates for traveling to Topeka

and investing their time in the interviewing process.

 Councilmember Duncan announced the Downtown and NOTO Common Consumption

Areas would go into effect on April 15, 2024. He commended the City of Topeka for taking the

lead in proposing the laws surrounding the establishment of common consumption areas across the

state.

 Mayor Padilla thanked City Staff and citizens for their assistance in choosing a city

manager. He spoke to the importance of youth and teen sports and the positive impact in has on

their lives.

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

session for a time not to exceed 1-hour to discuss the five candidates for city manager as allowed

under K.S.A. 75-4319(b)(1). The following individuals will be present to aid in the discussion: The

Members of the Governing Body; City Attorney, Amanda Stanley; and anyone else the Governing

Body finds useful. The opening meeting will resume at the completion of the executive session in

the City Council Chambers. The motion was seconded by Councilmember Kell.

 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.” (9-1-0)

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

 04-09-24
 101
Mayor Padilla announced no action was taken during the executive session. However, because

there was a need to conduct a second executive session the Governing Body must suspend the

rules and allow the meeting to extend past 10:00 p.m.

 Councilmember Miller moved to extend the meeting past 10:00 p.m. The motion was

seconded by Councilmember Kell.

 Mayor Padilla asked all those in favor of extending the meeting past 10:00 p.m. 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.” (9-1-0)

 Councilmember Dobler moved to recess into executive session for a time not to exceed 1-

hour to discuss the five candidates for city manager as allowed under K.S.A. 75-4319(b)(1). The

following individuals will be present to aid in the discussion: The Members of the Governing

Body; City Attorney, Amanda Stanley; and anyone else the Governing Body finds useful. The

motion was seconded by Councilmember Hoferer.

 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.” (9-1-0)

 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 9:48 p.m.




 (SEAL)
 Brenda Younger City Clerk



 04-09-24
 102