Topeka City Council Meeting - August 12, 2026: Data Center Moratorium, Lawsuit Intervention, Budget Talks
Topeka City Council Meeting - August 12, 2026: Data Center Moratorium, Lawsuit Intervention, Budget Talks
Note: The transcript indicates the meeting was called to order on August 11, 2026, but the provided timestamp is August 12, 2026. The summary uses the instructed date.
The Topeka Governing Body held a lengthy evening session covering a strengthened moratorium on data center utility connections, a vote to intervene in a tribal sovereignty lawsuit, adoption of updated criminal and traffic codes, budget presentations, and utility rate discussions. Public comments featured over a dozen speakers on the data center issue and several on the lawsuit. The meeting adjourned at 11:41 p.m.
Consent Calendar
- Approved contracts: Human Resources benefits consulting with Willis Towers Watson ($95,000); Public Works engineering with Bartlett & West ($88,480) and JEO Consulting Group ($56,250); Police network investigation services with Brandon Ann Traegel ($145,818).
- Approved resolutions: Conveyance of facility property to Sunflower Sports Association; 2027 pavement preservation program for streets (Sixth Avenue, Fairlawn Road, Cyprus/Sycamore/Rice Roads).
- Approved minutes of July 21, 2026.
- Councilmember Miller abstained from the entire consent agenda.
Public Comments & Testimony
- Data Center Moratorium (Item 5A): Multiple speakers expressed support for the strengthened moratorium, citing concerns over water consumption, environmental impacts, fire risk, noise, and the scale of the proposed Compass Data Center (400 megawatts, approximately 30 full-time personnel described in the application as “lightly staffed”). Speakers included Amy Gillette (ETJ resident), Megan Ryan (Protect Kansas), Kendra Ansley (county resident on rural water district 3), Dennis Brinkman (former NRCS specialist on stormwater concerns), Carol Marple (farmer/rancher), Catherine Andrews (city resident citing potential electrical grid strain), Sharon Gillette (homeowner near site), and Daniel Twemlow (urging council to hold the line). Several speakers also raised transparency concerns about a family relationship between the city manager and a Shawnee County planning official.
- Lawsuit Intervention (Item 5D): Joseph “Zeke” Rupnik, Chairman of the Prairie Band Pottawatomie Nation, explained the tribe’s 1846 treaty rights, referencing the 2020 McGurt v. Oklahoma decision, and stated the lawsuit is about exercising civil regulatory authority over its lands. Daniel Twemlow urged the council not to intervene, calling it a waste of resources and historically wrong.
- Utility Rates (Non-Action Item A): Danielle Tel Cumming criticized the proposed rate structure as inequitable, arguing it lacks income-based analysis and fails to show what previous rate increases accomplished.
- Budget/Other (Non-Action B/Public Comment): Sandra Lasseter criticized city spending on outside litigation, citing a recent deposition in Las Vegas. Michael Brown raised a concern about sidewalk crossing removals on Villa West Drive affecting school bus safety.
Discussion Items
- Data Center Moratorium (Action 5A): City Attorney Nick Jefferson explained the amendment to close a loophole allowing administrative utility connections outside city limits. After public comment, the council voted unanimously (10-0) to approve the ordinance, resetting the moratorium for 12 months. Councilmember Valdivia Aqua clarified that the moratorium does not affect existing contracts with rural water districts, but any renegotiation would come before the governing body. City staff was asked to provide clarity on contract terms by next meeting.
- Uniform Public Offense Code (Action 5B): Kelly Trussell, Chief of Prosecution, outlined seven changes including domestic battery minimums (20 days for second conviction), unlawful approach of a first responder (25-foot zone), and removal of buying sexual relations (now a felony). Councilmember Kell expressed concerns about the first responder provision. Vote: 8-1 (Valdivia Aqua opposed).
- Standard Traffic Ordinances (Action 5C): Adoption of the 2026 STO including new rules on hands-free devices in school/construction zones, obstructed license plates, and window tint remedies. Councilmember Kell questioned enforcement consistency. Vote: 9-0.
- Prairie Band Pottawatomie Nation Lawsuit Intervention (Action 5D): City Attorney Jefferson requested authorization to intervene to protect the city’s interests regarding boundaries west of Gage Boulevard. Council debate centered on lack of prior communication with the tribe, potential costs (outside counsel), and ethical considerations. Chairman Rupnik noted a meeting had occurred under a previous mayor. Vote: 8-2 (Valdivia Aqua and Bradbury opposed). Mayor Duncan stated intervention provides a seat at the table.
- Committee of the Whole (Action 5E): Council voted 10-0 to establish a Committee of the Whole for informal discussions, with the deputy mayor as chair, to improve transparency and information sharing, particularly on data center issues. Subsequently, a motion to refer data center matters to the committee passed 9-1 (Hiller opposed).
- TMTA Budget Hearing Date (Action 5F): Amended the public hearing date from September 1 to August 25, 2026, to match published notices. Vote: 9-1 (Miller opposed).
- Utility Rates (Non-Action Item A): Sylvia Davis and Nicole Mullat presented the proposed four-year rate plan (2027-2030) with an average residential increase of about $3/month in year one and less than $2 in subsequent years, achieved by shifting more costs to commercial/industrial customers (who historically paid lower per-unit rates). The proposal includes additional $148 million in capital investment. Council requested clearer documentation and indicated they would provide specific feedback next week. No action taken.
- 2027 Operating Budget (Non-Action Item B): Presentations from Fire Department (total budget ~$38 million, 93% personnel, frozen positions), Police Department (total ~$53.8 million, 88% personnel, 20 officer positions frozen), and Property Maintenance Unit (19 FTEs, 9,779 inspections in six months). Police Chief discussed the proposed non-renewal of the School Resource Officer contract with USD 501 (expiring June 2027), citing staffing realities and jurisdictional clarity. He offered training and intelligence sharing as ongoing partnership. Council debate reflected split opinions: some supported the transition as responsible planning, others wanted longer runway for the district to prepare. Property Maintenance Director Sharadine warned that 5-10% budget cuts would degrade response times and service levels. No votes taken.
Key Outcomes
- Data Center Moratorium: Unanimously approved (10-0) amending the ordinance to restrict utility connections both inside and outside city limits for 12 months, resetting the clock.
- Lawsuit Intervention: Authorized intervention in Prairie Band Pottawatomie Nation lawsuit with 8-2 vote.
- Code Adoptions: UPOC passed 8-1; STO passed 9-0.
- Rules Change: Established Committee of the Whole (10-0); referred data center issues to it (9-1).
- Budget Hearing: Adjusted TMTA hearing date to August 25 (9-1).
- SRO Contract: City Manager and Police Chief recommended letting the USD 501 contract expire in June 2027; no council vote, but direction set for budget.
- Utility Rates: Continued to next meeting; council to submit specific change requests.
- Executive Sessions: Two closed sessions were held on personnel and litigation matters; no action taken.
Meeting Transcript
Microphone on that helps the process. Welcome and good evening to the August 11th, 2026 governing body meeting. I will now call this meeting to order, and I will ask you to turn your attention to Councilmember Hiller, who will lead us in the invocation this evening. Please rise if you are able. Thank you, Mayor. I I want to introduce this evening Mr. Victor Hercules. He's here representing organizations called One Heart and To Me from the heart of Central Topeka, which is in, of course, District One. The Urban Ministry Institute of Topeka, TUMI, shares space with the bridge, which many of which many of you are familiar in what used to be a hardware store at 8th and Clay. One Heart Project is an organization that Victor founded about 10 years ago in Topeka. It started as a program that provided tutoring and mentoring for youth in the juvenile detention system and youth involved in the juvenile justice system out in the community. For the past five years, One Heart has provided tutoring and mentoring to students at Robinson Middle School, Capitol City School, and Avondale School when Avondale was in 501. Tumi is a center for training and biblical studies for people of all denominations, and it is the principal training place for urban chaplaincy as developed as demonstrated through regular jail chaplaincy visits as well as resident neighborhood work with persons who are homeless and or struggling with mental health and addictions. They are particularly rooted and active in the Central Park neighborhood in District One and have hosted and partnered with many in the rebirth of the Central Park NIA. If people were watching National Night Out on Friday night, it just blew out. It was really phenomenal. When I met Mr. Hercules about 15 years ago, he and his family had just come to Topeka. He's been immersed in all sorts of community work since. We appreciate all that he does and welcome him to give our invocation this evening. It is an honor and a privilege to be here before you this evening. And I delight on bringing the opening prayer this evening. If we can bow our heads. Grant this council members and the mayor. And all city staff, clear minds, steady hearts, and sound discernment. Give them the wisdom to wait competing needs fairly. Speak with civility and act with integrity. Protect our first responders and all who work to keep our neighborhood safe. It's safe and strong. And may our work this evening reflect the justice, compassion, and genuine desire to improve the lives of everyone who calls our city of Topeka home. In Jesus' mighty name. Amen. It can be whoever you want to bring up here. Nobody, that's sad, really. Come on up here, all the way up, all the way up. Well, they're coming up. Um, it is the 100th centennial celebration anniversary, whatever you'd like to call it for the Jayhawk State Theater of Kansas, which is located just a few blocks away here, down on Jackson. Um I have a lot of long history with that theater personally, and that's not why I'm honoring tonight. It is the official State Theater of Kansas celebrating its hundredth anniversary. It's in the midst of trying to get to the home stretch of renovation so that we can make it a once again a vibrant and active theater here in the heart of the Capitol City. And so I'm fully supportive of that effort, as I know many here are this evening and across the city. And so, with that, we wanted to honor that anniversary and centennial celebration this evening. Whereas the historic Jayhawk Theater first opened its doors in downtown Topeka on August 16th, 1926 as an extraordinary movie palace in Vaudeville venue, showcasing the latest entertainment and architectural innovation of its time. And whereas designed by distinguished Topeka architect Thomas F. Williamson with contributions from the renowned Bowler Brothers, the theater remains a treasured example of the grand theaters that shaped American cultural life during the early 20th century. And whereas throughout its history, the Jayhawk Theater has welcomed generations of Topekans and visitors for motion pictures, live performances, community gatherings, and shared experiences that contributed to the cultural identity of our capital city, and whereas the Jayhawk Theater is Topeka's only remaining historic theater from 1926 and is listed on the National Register of Historic Places in recognition of its architectural and historical significance. And whereas in 1993, the Kansas legislature designated the Jayhawk Theater as the official state theater of Kansas, recognizing its importance not only to Topeka, but to the history, arts, and culture of our entire state. And whereas the preservation of the Jayhawk Theater has been made possible through the historic Jayhawk Theater Inc., its board members, staffs, volunteers, donors, community partners, and generations of advocates committed to saving this irreplaceable landmark. And whereas the ongoing restoration of the theater honors its remarkable past while preparing it to serve future generations as a destination for entertainment, education, arts, culture, economic activity, and community connection in the heart of downtown Topeka. And whereas the Jayhawk Theater's Centennial offers an opportunity to celebrate 100 years of history, recognizing those who have protected its legacy and renew our commitment to returning this historic treasure to its rightful place as one of Topeka's premier cultural institutions.
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