Governing Body — Topeka, KS
Date: 2024-12-17

Governing Body Minutes – December 17, 2024

 CITY COUNCIL CHAMBERS, Topeka, Kansas, Tuesday, December 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, 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 December 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 December 17, 2024 for attachment to the meeting

 minutes.

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

 Kathy and Tuck Duncan.

 THE PLEDGE OF ALLEGIANCE was recited by meeting participants.

 BOARD APPOINTMENT recommending the reappointment of Paul Miller to the Board

of Plumbing Examiners for a term ending December 31, 2026, was presented. (Council District

No. 6)

 BOARD APPOINTMENT recommending the reappointment of Angela Sharp to the

Board of Building and Fire Appeals for a term ending December 31, 2026, was

presented. (Council District No. 8)

 BOARD APPOINTMENT recommending the reappointment of Nelda Henning to the

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Board of Building and Fire Appeals for a term ending December 31, 2026, was

presented. (Council District No. 8)

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

Councilmember Kell carried unanimously. The mayor does not vote. (9-0-0)

 AN UPDATE on the City of Topeka Winter Operations was provided by Tony Trower,

Deputy Director of Public Works.

 AN UPDATE on the BEAD (Build Equity Access Digital Grant) was provided by Megan

Bottenberg, Cox Communications.

 APPROVAL of CONTRACT NO. 52543 a professional consulting contract between the

City of Topeka and Columbia Capital Management LLC for providing debt and investment

management, was presented.

 APPROVAL of CONTRACT NO. 52575 a professional consulting contract between the

City of Topeka and The Law Firm of Tenopir and Huerter to provide court-appointed counsel

services for Municipal Court, was presented.

 MINUTES of the special meeting of December 6, 2024; and the regular meeting of

December 10, 2024, were presented

 APPROVAL of a Cereal Malt Beverage License application for Dickey’s Barbecue Pit

located at 609 NW Highway 24, Topeka, Kansas, was presented.

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

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

 PUBLIC HEARING

 Public Hearing for the purpose of hearing and answering objections of taxpayers relating
 to the proposed amended use of funds.

 APPROPRIATION ORDINANCE NO. 20539 introduced by City Manager Dr. Robert
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M. Perez, approving and adopting certain amendments to the operating budget for the City of

Topeka for the year 2024 and appropriating amounts for the purpose as set forth therein, was

presented.

 Josh McAnarney, Budget and Finance Director, provided an overview of the budget

amendments and stated Staff was recommending approval as presented.

 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 Dobler moved to adopt the ordinance. The motion seconded by

Councilmember Miller carried.

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

  Valdivia-Alcala, Ortiz, Banks, Kell, Miller, Dobler, Duncan, Hoferer and Mayor Padilla -10.

 PUBLIC HEARING

 Public Hearing relating to the vacation of a public alley connecting NW Roosevelt with
 NW 1st Street, City of Topeka, Shawnee County, Kansas.

 ORDINANCE NO. 20540 introduced by City Manager Dr. Robert Perez, relating to the

vacation of a 16 feet-wide public alley connecting NW Roosevelt with NW 1st Street, City of

Topeka, Shawnee County, Kansas, was presented. (V24A/01) (Council District No. 1)

 Dan Warner, Planning Division Director, provided an overview of the history of the

property and reported the City initiated the vacation in response to concerns expressed by an

owner of property abutting the alley, and K.S.A. 12-504 allows the City to initiate vacation of a

public alley. He stated Staff conducted a neighborhood information meeting on October 30,

2024, with four of the affected property owners in attendance. He reported no objections to the

vacation were expressed at the meeting and none have been expressed since that time.
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 Mayor Padilla opened the public hearing and asked if there was anyone present who

would like to speak to the matter.

 David Peterson spoke in support of the ordinance and thanked City Staff for their

assistance with the vacation of the alley. He expressed his appreciation to the Police Department

for responding to the public safety issues associated with the alley.

 A concerned abutting property owner questioned if vacating the alley would change his

property line or his fence boundary line.

 Councilmember Ortiz referenced the Staff Report and questioned why the City would not

fix or maintain the alley.

 Director Warner reported the City was only vacating the right-of-way (alley) with no

plans for improvement and no property lines or fence boundaries would be altered.

 Upon no one else appearing, the public hearing was closed.

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

Councilmember Miller carried.

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

Valdivia-Alcala, Ortiz, Banks, Kell, Miller, Dobler, Duncan, Hoferer and Mayor Padilla -10.

 RESOLUTION NO. 9607 setting forth the intention of the City of Topeka, Kansas, to

consider annexation of certain lands, all pursuant to K.S.A 12-520 et seq, was presented.

(A24/05)

 Dan Warner, Planning Division Director, reported approval will set a public hearing date

of February 18, 2025, to consider the annexation of 20.9 acres including right-of-way owned by

USD 437 Auburn Washburn School District. He stated the site was currently used for an

administration building and surface parking for school buses, and no development of the site has

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been proposed.

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

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

 ACCEPTANCE of Land Dedications in the Final Plat for KDOT District No. 1

Subdivision located at the northwest corner of the intersections of SE 21st Street and SE Rice

Road, was presented. (P24/20)

 Dan Warner, Planning Division Director, reported approval accepts the land dedications

for public infrastructure for development of new office facilities for the Kansas Department of

Transportation

 Councilmember Miller moved to accept the dedications of land identified in the final plat

for KDOT District No.1 Subdivision. The motion seconded by Councilmember Ortiz carried

unanimously on roll call vote. (10-0-0)

 RESOLUTION NO. 9608 introduced by the Public Infrastructure Committee

recommending approval of projects for the 2025 FIRM program, was presented. (The Public

Infrastructure Committee recommended approval on November 19, 2024.)

 Jason Tryon, Deputy Public Works Director, reported approval would authorize certain

FIRM Projects total approximately $2,000,000.

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

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

 APPROVAL of CONTRACT NO. 52573 a three-year labor contract for AFT Kansas

Local 6406 effective January 1, 2025, through December 31, 2027, was presented.

 Mary Spinelli, Associate City Attorney, reported approval would provide guidelines for

management and employees in the bargaining unit.

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 Councilmember Kell moved to approve the agreement. The motion seconded by Mayor

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

 APPROVAL of CONTRACT NO. 52574 a two-year labor agreement between the City

of Topeka and the Water Division of AFSCME Council 61, Local 1294, was presented.

 Mary Spinelli, Associate, reported approval would provide guidelines for management

and employees in the bargaining unit.

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

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

 ORDINANCE NO. 20541 introduced by Councilmember Spencer Duncan, concerning

common consumption areas; amending Section 9.15.360 and repealing original section of the

Topeka Municipal Code, was presented. (The Policy and Finance Committee approved by

consensus on November 18, 2024.)

 Councilmember Duncan stated the ordinance was discussed at the December 10, 2024,

Governing Body meeting and the Policy and Finance Committee recommended approval.

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

Councilmember Duncan carried.

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

Valdivia-Alcala, Ortiz, Banks, Kell, Miller, Dobler, Duncan and Hoferer -9. The Mayor did not

vote. (The proposed ordinance involves a matter of home rule on which the Mayor has veto

authority.)

 AN ORDINANCE introduced by City Manager, Dr. Robert M. Perez, authorizing the

Deputy City Manager, Assistant City Manager, and Director of Administrative and Financial

Services to sign specific contracts on behalf of the City pursuant to Charter Ordinance No. 94,

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codified at Section A2-55 of the Code of the City of Topeka, was presented.

 Dr. Robert M. Perez, City Manager, explained the purpose of the proposal was to allow

professional service contracts to be signed by certain employees within the City Manager’s

Office.

 Councilmember Miller questioned if only certain contracts would be signed and if a

threshold dollar amount set has been set.

 Councilmember Duncan stated he would have preferred the Governing Body discuss the

ordinance prior to considering for action. He expressed concern with the lack of parameters as it

relates to signing authority of other employees besides the City Manager as well as no dollar

amount threshold. He suggested the ordinance be deferred for further discussion.

 Councilmember Hiller spoke in support of delaying approval and implementing a chain

of command to make certain the City Manager remains informed of contracts being signed.

 Councilmember Ortiz stated she concurs with Councilmember Duncan and would like

more information about the procedure. She spoke in support of delaying approval.

 Councilmember Kell stated he concurs and would like more information before

approving the ordinance.

 Councilmember Dobler stated he agrees more information was needed; however, he

understands the need due to the volume of contracts that have to be signed by the City Manager.

He recommended only one person have the authority to sign contracts in the absence of the City

Manager.

 City Manager Perez stated he understands the concerns expressed; however, it is

important for the organization to have a policy in place. He spoke to his previous experience and

how other cities have implemented a similar policy. He reported he would be able to review all

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contracts being signed.

 Councilmember Banks spoke in support of implementing contract parameters.

 Mayor Padilla stated he believes the Governing Body as a whole supports the concept;

however, more information was needed before making a final decision.

 Councilmember Duncan moved to defer the ordinance until January 21, 2025, for

discussion. The motion seconded by Councilmember Kell carried unanimously on roll call vote.

(10-0-0)

 RESOLUTION NO. 9609 introduced by the Public Infrastructure Committee regarding

certain lots in Lauren’s Bay, was presented. (The Public Infrastructure Committee recommended

approval by a vote of 3-0-0 on November 22, 2024.)

 Braxton Copley, Assistant City Manager, stated approval of the resolution would provide

an extension until March 2025 to allow Staff time to complete negotiations with the Developer’s

team.

 Councilmember Valdivia-Alcala referenced a document she distributed to the Governing

Body via email (Attachment A) outlining back due taxes for the Lauren’s Bay properties. She

asked various questions related to past due special assessments and property taxes and expressed

concern with setting precedence for other developers as well as the probability of the City being

sued. She also questioned if the entire Lauren’s Bay Subdivision (over 100 lots) was being

considered or just the initial 16 lots approved in Resolution No. 9586.

 Amanda Stanley, City Attorney, referenced Resolution No. 9586 which allows a

submission for an RHID for all lots in Lauren’s Bay approved in September 2024. She 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

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the decision made. 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

making it a defensible position.

 Councilmember Valdivia-Alcala spoke in opposition of the proposal approved by the

Public Infrastructure Committee Meeting on November 22, 2024. She referenced the high

percentage (46.6%) of Low to Moderate Income (LMI) homeowners in the city and the fact that

those same homeowners are still expected to pay their property taxes.

 Councilmember Duncan stated they have no control over ad valorem property tax which

must be paid by Mr. Klausman to the City and seven other entities. He clarified they are only

discussing the back due special assessment tax on the 16 properties within Lauren’s Bay

approved in Resolution 9586 and the economic development path of those 16 properties;

therefore, he will support a one-time extension.

 Daniel Twemlow stated she believes the proposal was not the solution to the city’s

affordable housing issues. She requested the City formally outline and publish steps that

residents need to take to not pay property taxes and negotiate forgiveness; how Lenders

Mortgage Insurance properties can establish themselves as an LLC; and to make sure the same

standards are applied to the citizens of Topeka as the Lauren’s Bay properties.

 Councilmember Kell suggested a policy be implemented that would allow the City to

receive funds when the lots are sold for residential homes.

 Mayor Padilla stated he concurs with statements made by Councilmembers; however, he

believes the City and the developer worked in earnest to meet the December 31, 2024 deadline.

He reported the proposed resolution relates specifically to 16 properties and he would only

support a one-time extension.

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

Councilmember Duncan carried. Councilmember Valdivia-Alcala voted “no.” (9-1-0)

 PUBLIC COMMENT was provided via email by Joseph Ledbetter (Attachment B) and

by the following individual:

 Martha Boatright spoke to the neglect of properties owned by Lew McGinnis, a landlord

who owns the majority of rental properties in Topeka. She expressed concern with the large

amount of trash as well as other unsanitary property maintenance issues associated with Lew

McGinnis properties. She expressed concern with the Topeka landlords who are turning the City

into a garbage dump and the urgent need to repair inhabitable homes. She asked the City Council

to increase violation fines and urged renters in Topeka to start organizing with groups like

“Topeka Tenants” to try to work together to find better protection for themselves and improved

the quality of housing in the city.

 ANNOUNCEMENTS BY THE CITY MANAGER, MAYOR AND MEMBERS OF THE

COUNCIL;

 Brenda Younger, City Clerk, announced a Citizen Government Review Committee

Meeting would be held on January 8, 2025, at the Cyrus K. Holliday Building First Floor

Conference Room, 620 SE 8th Street, Topeka, Kansas. She also announced a Special Meeting

Budget Work Session of the Governing Body called by City Manager Dr. Robert M. Perez, to

discuss budget items. The Special Meeting will be held on January 9, 2025, in the City Council

Chambers, 214 SE 8th Street, 2nd Floor, Topeka, Kansas, from 5:00 p.m. to 8:00 p.m.

 Dr. Robert M. Perez, City Manager, provided an update on the property code violations

and strategies to address the Lew McGinnis rental properties.



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 Governing Body Members expressed the importance of citizens reporting poor housing

conditions. They commended Staff for working to implement better property maintenance

regulations through the Changing Our Culter of Property Maintenance Initiative. They expressed

their disappointment with HUD and KHRC for failing to conduct inspections on the Timberlee

Apartments. They expressed the importance of lobbying for change to State law to assist with the

property maintenance issues and poor housing conditions across the state. They urged the media

to help bring stories forward that deal with inequity in housing and the need to develop a

coalition for Topeka and the entire state.

 Councilmember Duncan announced District 8 Office Hours on December 20, 2024, at

Fairlawn Plaza.

 Councilmember Hoferer announced Zoo Lights were open until December 28, 2024, and

encouraged citizens to support the Zoom.

 Councilmember Hiller encouraged citizens to attend Zoo Lights and Ballet Midwest’s

The Nutcracker. She thanked Governing Body members for their response to constituents and

Staff for their help with many issues. She announced the Craving Light Exhibit at the Museum of

Love & Reckoning would be held at the Great Overland Station until early January 2025.

 Councilmember Ortiz urged the City to ban Lew McGinnis from buying and renting

property in the City of Topeka. She thanked Staff for helping people receive housing that has

been displaced. She thanked Governing Body members for their work that was accomplished in

2024.

 Councilmember Banks reported he has received many calls from constituents expressing

concern about Lauren’s Bay. He reminded citizens he was still learning the process and he will

continue to work hard to make good decisions.

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 Councilmember Kell announced Zoo Lights would be open until December 28, 2024. He

thanked City Manager Perez for his service.

 Councilmember Miller encouraged citizens to educate themselves on the issues and have

good faith conversations with Council members.

 Councilmember Dobler asked everyone to remember employees and public safety people

that have to work over the upcoming holidays.

 Mayor Padilla commended Governing Body members for their work in 2024 as well as

Staff members.

 Councilmember Banks moved to recess into executive session not to exceed 25 minutes

to give legal advice particularly legal liabilities, as a federal law, state law, and local law

occasionally intersect in conflict, and are deemed privileged under Attorney-Client Privilege

matters as allowed under K.S.A. 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 and other staff needed. The motion was seconded

by Councilmember Hoferer.

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

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

carried. Councilmembers Dobler, Ortiz and Banks voted “no.” (6-3-0)

 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 8:58 p.m.



 (SEAL)
 Brenda Younger City Clerk
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Attachment A
 Attachment B

From: Joseph Ledbetter
To: City Clerk; City Council; Spencer Duncan; Neil Dobler; Mayor; Sylvia Ortiz; David Banks
Subject: Ref. Columbia Capital Management, LLC contract
Date: Tuesday, December 17, 2024 10:23:20 AM



 Notice: -----This message was sent by an external sender-----
Governing Body, City of Topeka:
I am not sure why we are not managing our own debt and cash flows and funds as a city.We
have added at least forty million more in debt in the past three months from numbers I was
shown. This piling up of debt is unsustainable for such a small city that has had no population
growth since 2011 (13 years). Certainly no one benefiting from this contract should be getting
commissions from any sales of bonds or other debt instruments sold on behalf of the City of
Topeka. And what is the overall objective to be obtained, per Council goals and oversight by
this contract?
Thank you,

Concerned Citizen,
Joseph Ledbetter JD, MPA