Governing Body — Topeka, KS
Date: 2025-10-20

Governing Body Minutes – October 7. 2025

 CITY COUNCIL CHAMBERS, Topeka, Kansas, Tuesday, October 7, 2025. The

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

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

Miller, Duncan and Hoferer - 8. Mayor Padilla presided -1. Absent: Councilmember Dobler – 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 October 7, 2025, after which the City Clerk's Office provided the

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

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

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

cclerk@topeka.org on or before October 7, 2025, for attachment to the meeting minutes.

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

Randy Lesseki, Topeka Police Department Champlin.

 THE PLEDGE OF ALLEGIANCE was recited by meeting participants.

 BOARD APPOINTMENT recommending the appointment of Eli May to the Board of

Building and Fire Appeals for a term ending October 7, 2027, was presented. (Outside City

Limits)

 BOARD APPOINTMENT recommending the appointment of Valerie Peckham to the

Topeka-Shawnee County Public Library Board of Trustees to fill an unexpired term ending April

30, 2029, was presented. (Council District No. 1)

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

Councilmember Banks carried unanimously. The mayor does not vote. (8-0-0)
 10-07-25
 375
 A PRESENTATION on the City of Topeka Economic Social Demographic Site

Dashboards was presented by Travis Lathrop, Technical Services Manager.

 Councilmember Kell requested custom geography for each district be added based on

certain areas for the purpose of generating more true data sets since the dashboard was based on

federal statistics.

 Councilmember Ortiz thanked Staff for the presentation. She requested the ability to

locate streets within District No. 3 and noted, Council District boundaries change every 10 years.

 Councilmember Valdivia-Alcala thanked Staff for the presentation and stated she would

be reaching out to Staff for a meeting to discuss the data sets in more detail.

 Councilmember Duncan confirmed the dashboard was public facing and thanked Staff

for the presentation and for providing them with a tool to collect important data.

 Councilmember Miller asked for the Source Data updates to be more visible to the user.

 Councilmember Hiller asked Staff if there would be a historical comparison data set for

all information being provided.

 Travis Lathrop reported they have the option to provide 30 pages of additional

information so they should have the ability to accommodate the additional requests made by the

Governing Body.

 CONSENT AGENDA was presented as follows:

 ORDINANCE NO. 20603 introduced by Councilmember Karen Hiller designating a

portion of the Crosby Place Parking Garage as temporarily exempt from the provisions of K.S.A.

41-719(d) and TMC 9.15.020(e), was presented. (Council District No. 1)

 APPROVAL of a professional services contract between the City of Topeka and Bureau

Veritas Technical Assessments LLC in an amount not to exceed $153,023, was presented.
 10-07-25
 376
 APPROVAL of the MINUTES of the regular meeting of September 16, 2025, was

presented.

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

Councilmember Duncan carried unanimously. (9-0-0)

 ORDINANCE NO. 20604 introduced by City Manager Dr. Robert M. Perez amending

the “District Map” referred to and made a part of the Zoning Ordinances by Section 18.50.050 of

the Topeka Municipal Code, by providing for certain changes in zoning on 0.52 acres of property

located at 625 SW Polk FROM “O&I-2" Office & Institutional District TO “M-3” Multiple-

Family Dwelling District, was presented. (Z25/02) (Council District No.1) (Deferred from the

Meeting of September 9, 2025)

 Dan Warner, Planning Division Director, stated the request to rezone was located on

property adjacent to “M-3” multiple family residential and office and institutional zoning on its

north, east, and south sides and was consistent with the Old Town Neighborhood Plan. He stated

neighborhood information meetings were held in June and August; and the Planning

Commission considered the case in June and recommended approval of the case on August 18,

2025, for “M-3” designation. He reported following the directive of the Governing Body to

consider “M-2” designation at its September 16, 2025, Governing Body meeting, Staff

determined “M-2” designation would be consistent and acceptable with the current

neighborhood plan and the Golden Factors.

 Councilmember Hiller inquired on how many units could be built on the site and what

height would be allowed with “M-2” designation.




 10-07-25
 377
 Director Warner reported “M-1a” designation would allow tri-plex or four-plex

residential units and “M-2” would allow 2-story buildings and could accommodate the 12 units

being proposed by the applicant.

 Mayor Padilla stated prior to proceeding with the vote, each member of the Governing

Body who has engaged in ex parte communication with any individual either in favor of, or

against, the matter being considered, must state that the communication occurred and indicate

that even in light of having engaged in the communication they were able to fairly, objectively,

and impartially consider the measure based only upon the evidence provided on the record. The

record includes the Planning Commission minutes, the Staff report and its attachments, the

public comments made during the Planning Commission hearing and similar relevant

information related to the matter.

 Ex parte communication was declared by Councilmembers Hiller, Valdivia-Alcala, Ortiz,

Banks, Kell, Miller, and Duncan.

 Councilmember Kell moved to amend the zoning request on 0.52 acres of property

located at 625 SW Polk Street from “O&I-2" Office & Institutional District to “M-2” Multiple-

Family Dwelling District. The motion seconded by Councilmember Hiller carried.

Councilmember Banks and Mayor Padilla voted “no.” (7-2-0)

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

Councilmember Hiller carried. Councilmember Duncan voted “no.” Councilmember Banks

abstained. (7-1-1)

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

Valdiva-Alcala, Ortiz, Kell, Miller, Hoferer and Mayor Padilla -7. Nays: Councilmember

Duncan -1. Abstained: Councilmember Banks -1.
 10-07-25
 378
 RESOLUTION NO. 9718 introduced by Public Infrastructure Committee comprised of

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

No. 281255.04 regarding the River Weir Crest Cap Installation project, as further described in

Exhibit A, was presented. (Public Infrastructure Committee recommended approval on

September 16, 2025.)

 Nicole Malott, Deputy Director of Utilities, stated approval would authorize a total

project budget of $800,000 for the River Weir Crest Cap Installation Project No. 281255.04 and

Staff was recommending approval.

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

Councilmember Kell carried unanimously. (9-0-0)

 RESOLUTION NO. 9719 introduced by Public Infrastructure Committee comprised of

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

No. 291150.02 for replacement of the Ferric Chloride Tank System at the Oakland WWTP, as

further described in Exhibit A, was presented. (Public Infrastructure Committee recommended

approval on September 16, 2025.)

 Nicole Malott, Deputy Director of Utilities, stated approval would authorize a total

project budget of $473,200 for the Oakland Waste Water Treatment Plant (WWTP) Ferric

Chloride Tank System Project No. 291150.02 and Staff recommends approval.

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

Councilmember Hoferer carried unanimously. (9-0-0)

 RESOLUTION NO. 9720 introduced by Public Infrastructure Committee comprised of

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

Nos. 841097.06, 841099.08, 501105.16 and 501107.09 for street and stormwater improvements
 10-07-25
 379
on NW Menninger Rd, as further described in Exhibit A, was presented. (Public Infrastructure

Committee recommended approval on September 16, 2025.)

 Steve Groen, Public Works Director, stated approval would authorize a total project

budget of $1,260,000 for the NW Menninger Road Street and Stormwater Improvement projects

and Staff was recommending approval.

 Councilmember Valdivia-Alcala moved to approve the resolution. The motion seconded

by Councilmember Banks carried unanimously. (9-0-0)

 RESOLUTION NO. 9721 introduced by City Manager Dr. Robert M. Perez making

certain findings pursuant to the Kansas Reinvestment Housing Incentive District Act with regard

to an application submitted by Windward Estates LLC to establish a Reinvestment Housing

Incentive District and requesting that the Secretary of Commerce review the resolution and

advise the Governing Body, was presented.

 Braxton Copley, Deputy City Manager, stated approval of the resolution would authorize

Staff to send the RHID application to the State of Kansas Secretary of Commerce for review and

approval. Followed by approval, the Developer will be required to submit a development plan

for approval by the RHID Committee which will ultimately be required to be approved by the

Governing Body.

 Daniell Twemlow thanked Staff for updating the language in the City’s RHID policy

resolution. She expressed concern with not requiring a full development agreement and housing

plan rendering when the application was submitted in the same manner as other cities in Kansas.

She spoke about the importance of including a concept plan, project narrative, preliminary costs

and proposed project timeline. She expressed concern with the strict rental policy of Windward

Estates, Inc.
 10-07-25
 380
 Councilmember Miller questioned why the City of Topeka does not require a plan

rendering up front with the application in the same manner as other cities in Kansas.

 Councilmember Banks asked Staff to confirm that the application and all associated

financial documents would be reviewed in detail prior to Governing Body approval.

 Deputy City Manager Copley reported the City does not require the $25,000 application

fee, development agreement and project plan rendering prior to obtaining approval by the

Secretary of Commerce - with the intent of being more developer friendly. He stated Staff would

not provide a recommendation to the Governing Body until the RHID Committee has made the

proper review of the proposal and all required documentation.

 Councilmember Valdivia-Alcala spoke in opposition to the proposal. She recommended

the City find a way to streamline the process and be more efficient across the board with

developers.

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

Councilmember Kell carried. Councilmembers Valdivia-Alcala and Banks voted “no.” (7-2-0)

 RESOLUTION NO. 9722 of the Governing Body of the City of Topeka, Kansas

determining that the city is considering establishing a Tax Increment Financing (TIF)

Redevelopment District within the city, establishing the date and time of a public hearing on

such matter, and providing for the giving of notice of such public hearing for the Sunflower

Crossing Redevelopment District in the northwest quadrant of Topeka Boulevard and Kansas

Avenue, was presented.

 Braxton Copley, Deputy City Manager, stated approval would authorize a public hearing

date of November 12, 2025, to consider the establishment of a TIF in the northwest quadrant of

South Topeka Boulevard and Kansas Avenue pursuant to State statute. He stated the Developer
 10-07-25
 381
provided a blight study which met 7 of the 9 statutory factors, in addition to a financial

feasibility study included in the agenda packet. In the first phase the Developer plans to add a

convenient store, a retail box and restaurant.

 Danielle Twemlow asked the City and Governing Body to pause the approval of incentive

proposals that do not benefit the community until the language of the City’s incentive policies

are revised to streamline funding for affordable housing and community needs projects.

 Councilmember Valdivia-Alcala requested Danielle Twemlow send her comments to the

City Clerk to be included in the record. She stated she continues to struggle with the TIF

concept; however, she would support using the TIF concept for affordable housing. She stated

she would oppose the resolution as proposed.

 Councilmember Kell spoke in support of the proposal and stated he believes it will be a

good fit for the area and will support area growth.

 Mayor Padilla clarified approval of the resolution would only set a public hearing date of

November 12, 2025, and would not approve a project plan or development agreement.

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

Councilmember Miller carried. Councilmember Valdivia-Alcala voted “no.” (8-1-0)

 A RESOLUTION introduced by City Manager Dr. Robert M. Perez authorizing and

adopting the proposed 2026-2035 Capital Improvement Plan (CIP) and 2026-2028 Capital

Improvement Budget (CIB) and approving project budgets, was presented.

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

CIP timeline, purpose, funding sources as well as debt service fund inflows and outflows and

General Obligation (GO) Bonding Information.

 Councilmember Ortiz inquired about how motor vehicle taxes are generated.
 10-07-25
 382
 Director McAnarney stated motor vehicle taxes are a percentage of the taxes Shawnee

County acquires from registering motor vehicles.

 Danielle Twemlow suggested the City and Governing Body develop a Capital

Improvement Project standard rubric to determine the importance of each project. She

recommended the rubric be community and equity based with a focus on improving the

economic development and safety of the community.

 Councilmember Hiller stated she would like to focus on GO Bonded debt to reduce the

overall debt service. She highlighted her preferred goal to get the CIP manageable by reducing

bonding from 20 years to 15 years as well as 10-year bonds for items that have 10-year lifespans.

She distributed a handout (Attachment A) outlining her proposed amendments and what those

amendments would deliver including substantial savings of $25 million to $35 million as well as

no tax increase would be needed to relieve the debt service fund. She proposed the following

amendments:

 • Proposed Motion No. 1: Adopt modiﬁcations to the Capital Improvement (CIP) Plan
 and Budget as listed. Staff would be authorized, with this approval, to make needed
 adjustments on other pages of the Capital Improvement Plan documents.
 • Possible Motion No. 2: Direct City Manager to use Staff, Council and public input
 and make $2.8 million in cuts to the latest Staff draft 2026 Operating Budget, to be
 reserved for cash-funded Capital projects.
 • Possible Motion No. 3: Create a Capital Improvement Cash (CIC) Fund to be a
 companion fund to the Debt Service Fund. The CIC Fund would be funded by future
 conversion of property tax funds that are now going into the Debt Service Fund to a
 reserved fund for cash coverage of such expenses.

 Councilmember Duncan stated he supports some of the suggested amendments made by

Councilmember Hiller; however, he plans to propose deferring the resolution until October 21,

2025, to allow time for clarification on the $11 million debt savings proposal related to fire

stations, as well as the status of the heavy-duty fleet garage as it relates to the possible

 10-07-25
 383
recommendation to fund a new fire station and the heavy-duty fleet garage as one package. He

reported he would be sending a detailed list of proposed amendments to Staff for review.

 Councilmember Valdivia-Alcala commented on the expectations of her constituents

related to fire service in Oakland and the importance of creating a new Special Fire Commission

to consider a plan for citywide fire service before any cuts are made to Fire Department CIP

projects.

 Councilmember Miller inquired about contractual obligation of the Kansas Department of

Transportation (KDOT) on highway projects.

 Deputy City Manager Copley reported in general the local match request by KDOT was

10% of the total project cost which is why there was a $18 million placeholder included in the

CIP for the Polk Quincy Viaduct (PQV) East project with an estimated cost of $187 million.

 Councilmember Ortiz spoke in opposition to the DREAMS 1, 2 and 3 proposal and stated

she believed several of the Neighborhood Improvement Associations (NIAs) were not present

when the Citizens Advisory Council (CAC) voted on the changes. She stated she also has

questions related to a new fire station and other fire department improvements.

 Counclmember Kell proposed the City stop implementing the Complete Streets Concept

because it causes extra costs to property owners to replace sidewalks to these standards as well

as it may cause property values to decline. He spoke about the importance of improving arterial

streets and sidewalks and utilizing the UBAS program to its fullest extent.

 Councilmember Duncan stated the City has chosen Complete Streets Concept design as

the baseline approach for street improvements and if it is eliminated a different guideline policy

needs to be implemented.


 10-07-25
 384
 Councilmember Duncan moved to defer the resolution until October 21, 2025. The

motion was seconded by Councilmember Hoferer.

 Councilmember Banks spoke to the importance of the Governing Body focusing on

avoiding the delay of important projects and purchases.

 Councilmember Hiller stated her proposal would not change the future project list

schedule. She stated in reference to the DREAMS process, funding was not the only item

considered, and discussions related to the recommendations began in January 2025. She offered

one-on-one meetings with Governing Body members to discuss the feedback on the DREAMS

process in detail.

 The motion to defer the resolution until October 21, 2025, carried unanimously. (9-0-0)

 A RESOLUTION and NOTICE OF INTENT introduced by City Manager Dr. Robert M.

Perez, declaring the necessity to repair, alter, reconstruct, enlarge or improve the City's water,

water pollution, and/or stormwater utility system through improvement projects authorized by

Resolution and providing Notice of Intention authorizing the issuance of revenue bonds in the

manner required by K.S.A. 10-1201, et seq., was presented.

 Josh McAnarney, Budget and Finance Division Director, requested the resolution be

deferred until October 21, 2025.

 Councilmember Hiller moved to defer the resolution until October 21, 2025. The motion

seconded by Councilmember Miller carried unanimously. (9-0-0)

 PUBLIC COMMENT was received via email by Carolina Pires, ShaMecha King

Simmons and Patrick DeLapp (Attachment B) and provided by the following individuals:

 Henry McClure stated he agrees with the comments related to the City of Topeka not

being developer friendly. He spoke to the need of eliminating the “but for” for incentive districts
 10-07-25
 385
and to support smaller developments. He asked the City of Topeka to ask for the updated reports

from Jim Klausman for the Wheatfield Development.

 Sandra Lassiter thanked Mayor Padilla for having an open-door policy. She distributed a

copy of an email (Attachment C) and expressed concern with a certain city official not agreeing

to meet with her about a city utility issue and claims for senior citizens. She asked if a city

attorney has been assigned to advising community members about the City’s claims process. She

stated that she believes city attorneys are advocates for citizens.

 ANNOUNCEMENTS BY THE CITY MANAGER, MAYOR AND MEMBERS OF

THE COUNCIL:

 Brenda Younger, City Clerk, provided an overview of the October 14, 2025, Governing

Body meeting agenda. She announced pursuant to Resolution No. 9606, and due to General

Election Day, the Governing Body meeting of November 4, 2025, has been cancelled and

rescheduled for November 5, 2025; and due to the Veteran’s Day Holiday, the Governing Body

meeting of November 11, 2025, has been cancelled and rescheduled for November 12, 2025.

 Dr. Robert M. Perez, City Manager, referenced the Polk Quincy Viaduct Fact Sheet

distributed by the City Clerk and announced the Kansas Department of Transportation will hold

the 2025 Local Consult on Thursday, October 29, 2025, and Governing Body members are

encouraged to attend.

 Councilmember Hoferer announced October as Breast Cancer Awareness Month. She

recognized the Constitutional Hall Underground Railroad Event held on September 27, 2025,

and commended the organization for what they have accomplished with Transient Guest Tax

(TGT) and private funding.


 10-07-25
 386
 Councilmember Hiller commended the volunteers serving on the Constitutional Hall

Board for their accomplishments and raising private funds to supplement TGT funding.

 Councilmember Valdivia-Alcala asked Interim City Attorney Nick Jefferson if House

Bill 2160 Enacting the Municipal Employee Whistleblower Act applies to City employees. She

made a statement related to deep concerns she has about the City of Topeka Utility Department

employees and management and the way it continues to be handled by the City Manager and the

Legal Department. (Attachment D)

 Councilmember Ortiz thanked Interim Fire Chief Chad Longstaff for hosting Fire

Department open house events.

 Councilmember Kell recognized the 250th Birthday of the United States Navy on

October 13, 2025. He encouraged citizens to vote in the upcoming General Election on

November 4, 2025.

 Councilmember Miller expressed his appreciation for the comments received by the

public providing him with the opportunity to obtain answers to difficult questions. He also stated

that he believes Leadership starts at the top and with the Governing Body.

 Mayor Padilla referenced negative comments made by Governing Body members and he

stated he believes the employees referenced work hard every day to be fair and respectable in

every way to employees and citizens.

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

session not to exceed 30 minutes to give legal advice and discuss one case currently in litigation

and other matters deemed privileged under the Attorney-Client Privilege 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, Interim City
 10-07-25
 387
Attorney Nick Jefferson, outside counsel, and other staff members as needed. The motion was

seconded by Mayor Padilla.

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

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

motion carried. Councilmember Valdivia-Alcala did not vote. (8-0-0)

 Councilmember Valdivia-Alcala left the room before the work session began.

 Councilmember Kell left the room during the work session.

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

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

 Councilmember Miller moved to recess into executive session not to exceed 15 minutes

to discuss data or information relating to financial affairs or trade secrets of one or more

corporations as allowed under K.S.A. 75-4319(b)(4). The open meeting will resume in the City

Council Chambers. The following individuals will be necessary to assist the Governing Body in

its deliberations, City Manager Dr. Robert M. Perez, Assistant City Manager Avery Moore, and

any other staff members as needed. The motion was seconded by Councilmember Duncan.

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

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

motion carried unanimously. (7-0-0)

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

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

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

seconded by Councilmember Miller.


 10-07-25
 388
 Mayor Padilla asked all those in favor of extending the meeting past 10:00 p.m. to

indicate so by verbally by saying “yea” and those opposing to indicate so verbally by saying

“no.” The motion carried unanimously. (7-0-0)

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

30 minutes to discuss personnel matters involving individual employees as allowed under KSA

75-4319(b)(1). The open meeting will resume in the City Council Chambers. The following

individuals will be necessary to aid the Governing Body in its discussion, Human Resources

Director Alicia Guerrero Chavez, and any other staff members as needed. The motion was

seconded by Councilmember Duncan.

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

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

motion carried unanimously. (7-0-0)

 Councilmember Kell entered the room during the executive session.

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

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

 NO FURTHER BUSINESS appearing the meeting adjourned at 10:15 p.m.



 (SEAL) ______________________________
 Brenda Younger, City Clerk, M.M.C.




 10-07-25
 389
Attachment A
Attachment B
Attachment C
Attachment D