Topeka bans camping near trails after business owners share concerns about behavior

Homeless people camping near trails in Topeka will have to pull up stakes in November.

During a meeting that lasted four and a half hours, the Topeka City Council voted 9-0 late Tuesday to expand the city's ordinance that makes it a crime to camp in certain, specified places.

The council banned camping — with limited exceptions — on public and private property within 500 feet of the centerline of any trail, including levee trails.

"You did the right thing by passing that camping ordinance," interim city manager Richard Nienstedt told the council afterward. "It's a start in the right direction."

What else did the council do regarding camping?

Mayor Mike Padilla didn't have a vote on the measure, which also bans camping within 50 feet of the centerline of any city sidewalk.

The council decided, in response to a suggestion that owners should be allowed to camp on their own land, to allow the owner of record to camp on a property for as many as 10 days over a six-month period.

The changes will take effect after 60 days.

That waiting period was requested by city attorney Amanda Stanley, who said it would give the city staff a chance to develop a plan rather than having to deal with the new rules' taking effect immediately.

'Right now there are no consequences on this community'

The measure was brought forth in its initial form last month by Councilman and Deputy Mayor Neil Dobler, who said it was necessary for safety reasons due to the increased number of homeless camps that have popped up along area trails. Council members Spencer Duncan and Christian Valdivia-Alcala subsequently agreed to co-sponsor it.

Tuesday's vote came after two business owners told the council the increased presence of homeless people has become a problem not only along Topeka's trails but also in downtown.

"Our grandchildren are now afraid to go to the Evergy Plaza and play in the fountain," said Nick Xidis, owner of Hazel Hill Chocolate, 724 S. Kansas Ave.

He said his granddaughter went with his wife to that plaza, where his wife admonished a homeless woman whom she saw publicly washing her private parts in the fountain, and the woman yelled at his wife.

Xidis said he'd seen homeless people downtown brandishing weapons, adding that many appear intoxicated.

Just before coming to Tuesday's council meeting, he said, he'd dealt with a homeless man who appeared intoxicated in front of his business.

"Look, consequences matter on this, and right now, there are no consequences on (the homeless) community," Xidis said.

Chelsea Huston, co-owner of Axe and Ale, 115 S.E. 6th Ave,, said homeless people have threatened her multiple times, with weapons and words.

The amount of foot traffic among homeless people behind Axe and Ale's building has rapidly increased in recent months, she said.

"As a female, I feel unsafe exiting my building alone," she said.

Due to the interactions she's had, Huston no longer leaves her building at the back after dark, she said.

What are Topeka's current rules regarding camping?

Tuesday's vote amends the ordinance the council approved in December 2019 putting in place the city's current camping ban, which prohibits that activity at these locations:

• In, on or under public infrastructure, including bus shelters, bridges, overpasses and flood control works.

• Within 10 feet of any doorway, loading dock, stairway or fire escape.

• Within two specific zones, with those being downtown Topeka and NOTO.

Those who violate the ordinance are considered guilty of a misdemeanor and subject to a fine of up to $499 and/or imprisonment up to 30 days.

Council OKs biggest mill levy decrease in 20-plus years

The council also voted 9-0 late Tuesday to approve a 2024 city budget that lowers the city's property tax levy by 2 mills, the city's largest such drop in more than 20 years.

Padilla didn't have a vote on the proposal, through which the council adopted a $369.5 million budget aimed at reducing the city's property tax levy to 36.963 mills from this year's level of 38.963 mills.

Under that levy, the owner of a $100,000 home would pay $425.08 in city property taxes for the year.

The 2-mill decrease is more than any other drop in the city's mill levy having taken place over the past two decades, as listed in Shawnee County Clerk's office records. The largest listed there over that time period was 1.738 mills in 2005.

The proposal that was before the council going into Tuesday's meeting would have arranged for the levy to decrease by 1 mill, but council members voted to make that 2 mills.

Still, many Topekans will pay increased property taxes next year because their appraisal values rose considerably.

The city this year saw an overall 8.8% increase in assessed valuation of taxable property, said a letter from Nienstedt, which appears on page 12 of this year's 440-page budget.

Contact Tim Hrenchir at threnchir@gannett.com or 785-213-5934.

This article originally appeared on Topeka Capital-Journal: Camping near trails banned in unanimous vote by Topeka City Council