Governing Body — Topeka, KS
Date: 2026-03-20

Governing Body Minutes – March 10, 2026

 CITY COUNCIL CHAMBERS, Topeka, Kansas, Tuesday, March 10, 2026. 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, Banks, Kell,

Miller, Bradberry, McGee and Hoferer - 8. Presided: Mayor Duncan -1. Absent: Councilmember

Ortiz - 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 March 10, 2026, 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 March 10, 2026, for attachment to the meeting minutes.

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

Pastor Rick Fleming, Central Park Christian Church.

 THE PLEDGE OF ALLEGIANCE was recited by meeting participants.

 Councilmember Ortiz joined the meeting remotely.

 ANNUAL UPDATE on the Topeka Housing Authority (THA) was provided by Trey

George, President and CEO, Topeka Housing Authority.

 Councilmember Valdivia-Alcala asked Staff to provide an update on the phasing out of

Low-Income Housing Tax Credits (LIHTC) by the State of Kansas. She questioned how many

current dwellings in Topeka are utilizing these tax credits, the dollar amount, as well as the

impact on the multi-family dwellings using LIHTC. She recommended getting ahead of the
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problem by building coalitions to curb dictation by the State between the City of Topeka and

other municipal lobbyists.

 Mayor Duncan explained in 2025 a compromise was established with the State of Kansas

in which a 5-year phase out would occur instead of total elimination. He stated currently there

are no active bills in the Kansas Legislature; however, it will be very important to implement a

plan for 2027.

 Councilmember Hiller inquired about an update on the Van Buren Homes located near

16th and Van Buren.

 Trey George stated new Kansas law capped the amount of State housing tax credits at

$25 million in 2025, dropping to $8.8 million in annual credits for 2026-2028, with the LIHTC

credits ending in 2028. In regard to the Van Buren Homes, THA has been working with Stantec

to apply for an EPA Brownfield Grant to address the condition of the building due to the recent

fire and they are expecting a decision on the grant towards the end of 2026.

 CONSENT AGENDA was presented as follows:

 RESOLUTION NO. 9769 introduced by Public Infrastructure Committee recommending

approval of Project No. 841099.06 for street improvements to the area bounded by 7th Street,

Cambridge Avenue, 8th Avenue and Orleans Street, was presented. (Public Infrastructure

Committee recommended approval on February 17, 2026)

 RESOLUTION NO. 9770 introduced by Public Infrastructure Committee recommending

approval of Project No. 841099.07 for street improvements to SW Oakley Avenue from 8th

Avenue to Front Street, was presented. (Public Infrastructure Committee recommended approval

on February 17, 2026.)


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 RESOLUTION NO. 9771 introduced by the Public Infrastructure Committee amending

the 2026-2035 CIP and the 2026-2028 CIB to increase the budget for Project No. 241085.00 for

the 2026 Public Right of Way Accessibility Guidelines (PROWAG) Ramp Program, was

presented. (Public Infrastructure Committee recommended approval on February 17, 2026.)

 RESOLUTION NO. 9772 introduced by the Public Infrastructure Committee amending

the 2026-2035 CIP and the 2026-2028 CIB to add Project No.701072.00 for SE 21st Bridge

Repair over Butcher Creek/BNSF and providing final approval for the project, presented. (Public

Infrastructure Committee recommended approval on February 17, 2026.)

 RESOLUTION NO. 9773 introduced by the Public Infrastructure Committee amending

the Amending the 2026-2035 CIP and the 2026-2028 CIB to add Project No. 701071.00 for

Kansas Avenue Bridge Repairs and providing final approval for the project, was presented.

(Public Infrastructure Committee recommended approval on February 17, 2026.)

 APPROVAL of the MINUTES of the regular Governing Body meeting of March 3,

2026, was presented.

 APPROVAL of a cereal malt beverage license application for Supermart El Torito,

located at 3000 NW Topeka Boulevard, Topeka, Kansas, was presented.

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

Councilmember Bradberry carried unanimously. Councilmember Hoferer was out of the room.

(9-0-0)

 PUBLIC HEARING

 A Public Hearing regarding a petition by AIM Strategies, LLC and Dream Big
 Partnership, LLC to vacate a public sanitary sewer line easement on property located at
 1801 SW Wanamaker Road, was presented.


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 ORDINANCE NO. 20641 introduced by City Manager Dr. Robert M. Perez relating to

the vacation of public sanitary sewer line easement lying at 1801 SW Wanamaker Road, City of

Topeka, Shawnee County, Kansas, was presented. (V26E/02) (Council District No. 9)

 Councilmember Hoferer entered the room.

 Dan Warner, Planning Director, reported the property owner requested vacation of the

plated public sanitary sewer line easement to facilitate a building addition on the west side of the

Westridge Mall for a new entrance. The public sanitary sewer was being re-routed around the

new addition at the expense of the developer. All County and City agencies have had the

opportunity to review the requested vacation and expressed no objection. The City Utilities and

Public Works Departments have no objection to the proposed vacation.

 Mayor Duncan 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 Banks 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, Bradberry, McGee, Hoferer and Mayor Duncan - 10.

 PUBLIC HEARING

 A Public Hearing regarding a petition by AIM Strategies LLC and Dream Big
 Partnership, LLC to vacate a public water line easement on property located at 1801 SW
 Wanamaker Road, was presented.

 ORDINANCE NO. 20642 introduced by City Manager Dr. Robert M. Perez relating to

the vacation of public water line easement lying at 1801 SW Wanamaker Road, City of Topeka,

Shawnee County, Kansas, was presented. (V26E/01) (Council District No. 9)
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 Dan Warner, Planning Director, reported that the property owner requested a vacation of

the plated public water line easement to facilitate a building addition on the west side of the

Westridge Mall for a new entrance. The public water line was being re-routed around the new

addition at the expense of the developer. All County and City agencies have had the opportunity

to review the requested vacation and expressed no objection. The City Utilities and Public Works

Departments have no objection to the proposed vacation.

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

would like to speak to the matter.

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

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

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

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

Ortiz, Valdivia-Alcala, Banks, Kell, Miller, Bradberry, McGee, Hoferer and Mayor Duncan - 10.

 ORDINANCE NO. 20643 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 a 1.36-acre property

located along the west side of SW Urish Road, approximately 500 feet north of the northwest

intersection of SW Urish Road and SW 21st Street from "PUD" Planned Unit Development

District (C-2 Commercial uses) TO "M-2" Multiple Family Dwelling District, was presented.

(Z26/01) (Council District No. 8)

 Dan Warner, Planning Director, reported the request to change the zoning will allow

development of 18 duplexes (36 units) on the entire parcel. The proposed zoning was consistent

with the Land Use & Growth Management Plan (LUGMP) 2040 and the adopted Citywide
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Housing Market Study and Strategy. The applicant conducted a neighborhood information

meeting on January 29, 2026. The applicant and Planning Department staff attended the meeting,

with no opposition to the zoning change expressed at the neighborhood meeting. One letter was

received by Planning staff after the date of the neighborhood meeting that expressed opposition

to the zoning change. City Staff and the Planning Commission recommend approval.

 Councilmember Hoferer asked if the site plan would have to be approved by the

Governing Body as traffic concerns were raised by neighborhood residents regarding the

entrance and exit of the site property. She stressed the importance of making sure a traffic study

was conducted.

 Director Warner stated final plans for the development would come before the Governing

Body for approval, which would include a site plan. He noted the applicant was pursuing low-

income housing tax credits.

 Mayor Duncan urged all developers to reach out to respective district council

representatives about potential projects prior to approval by the Governing Body.

 Councilmember Bradberry asked Staff to clarify if duplexes and/or quadplexes would be

built on the site or if the site plan would change.

 Braxton Copley, Deputy City manager, reported the site plan will be submitted to Staff

for approval and the Governing Body will have the opportunity to review the site plan in detail

as well as other project information as they move through the process of considering the

application for the Reinvestment Housing Incentives District (RHID) that has been submitted by

the applicant.

 Mayor Duncan announced 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
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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.

 No ex parte communication was declared by Governing Body members.

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

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

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

Ortiz, Valdivia-Alcala, Banks, Kell, Miller, Bradberry, McGee, Hoferer and Mayor Duncan - 10.

 RESOLUTION NO. 9767 introduced by City Manager Dr. Robert M. Perez making

certain findings pursuant to the Kansas Reinvestment Housing Incentive District (RHID) Act

with regard to an application submitted by ATA Development, LLC, to establish a Reinvestment

Housing Incentive District and request that the Secretary of Commerce reviews the resolution

and advises the Governing Body, was presented.

 Leigha Boling, Economic Development Director, reported that the Developer currently

owns Lots 2 and 3 of the Urish Center Subdivision, approximately 5.77 acres, located on SW

Urish Road north of 21st Street. She provided a brief overview of the proposed development that

was intended to help address the community housing shortage by offering market rates and age-

in-place rental housing.




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 Councilmember Hiller referenced the development as a proposed age in place

development and asked if there was an expectation it would be considered a maintenance free

development. She also asked if the proposed rent amount would change.

 Councilmember Miller expressed his surprise at the proposed rent amount of $2,500 per

month and stated he believes it would be considered extremely high for the duplex housing

market.

 Director Boling reported that as they move through the process a full financial proforma

will be conducted to determine the final proposed rent amount and she would report back to the

Governing Body regarding confirmation of being a maintenance free development.

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

Councilmember Bradberry carried. Councilmember Banks voted “no.” (9-1-0)

 APPROVAL of CONTRACT NO. 53510 renewal of a REAL ESTATE LEASE

AGREEMENT between the City of Topeka and the Kansas Military Board for the use of the

National Guard Armory as a Training Facility for the Topeka Police Department, was presented.

 Chris Vallejo, Topeka Police Chief, reported that the Topeka Police Department was

interested in renewing the lease to continue the rental of 6,938 square feet of floor space at the

National Guard Armory at 2722 SW Topeka Boulevard for Topeka Police operations training.

He stated the facility contains dedicated classrooms, staff office space and additional training

facilities; and renewal would continue to allow for TPD to expand upon the quality and quantity

of training being offered to Topeka police officers.

 Councilmember Miller asked how often the Police Department would utilize the facility.

 Mayor Duncan asked if the kitchen was currently functional.


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 Chief Vallejo stated that the facility would be utilized often throughout the year and he

would report back to the Governing Body on the functionality of the training facility kitchen.

 Councilmember Hoferer moved to approve the renewal of the real estate lease agreement.

The motion seconded by Councilmember Kell carried unanimously. (10-0-0)

 RESOLUTION NO. 9768 introduced by City Manager Dr. Robert M. Perez setting a

public hearing to consider the advisability of establishing a Tax Increment Financing (TIF)

District for the Capital City Townhomes property, located north of SE 21st Street, east of SE

Adams Street, and west of SE Pennsylvania Avenue, pursuant to K.S.A. 12-1770 et seq., was

presented.

 Braxton Copley, Deputy City Manager, reported Capital City Townhomes, LLC was

seeking approval of a TIF district for the redevelopment of the former Pioneer Homes located at

2021 and 2024 SE Massachusetts. The Project involves rehabilitation of 47 rental townhome

units in 11 buildings over 12–14 months and will be subject to a Land Use Restriction

Agreement (LURA), preserving nine market-rate units and 38 affordable units restricted to rents

at or below 60% AMI. The TIF district was requested solely to qualify the Project for the City’s

Neighborhood Revitalization Program’s (NRP) extraordinary benefits. While the Project

qualifies for the standard 10-year NRP (95% property tax rebate on improvements), eligibility

for the limited 20-year NRP requires TIF designation. The Developer intends to forgo the TIF

revenues and utilize only the NRP incentive. The Developer has conducted a blight study on the

property that details elements of its condition in consideration of the statutory requirements.

According to the records of the Kansas Secretary of State, the applicant and developer are in

good standing as of February 24, 2026.


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 Councilmember Valdivia-Alcala asked for a better understanding of the revitalization

plan, she expressed concern with Kansas Housing Resources Corporation (KHRC) and their lack

of due diligence with inspections. She requested the number of code violations cited on the

property since being built and thought it would be beneficial for Staff to hold a special meeting

with the Governing Body to educate the Governing Body about the Neighborhood Revitalization

Program.

 Councilmember Hiller expressed concern with the age of the properties. She asked for the

history of KHRC inspection requirements and property maintenance complaints on the property.

 Councilmember Bradberry asked why the developer was applying for a TIF District and

what the financial impact to the City would be.

 Councilmember Kell inquired if the City would be allowed to inspect the property over

the 20-year period and if a claw back provision could be included in the agreement to avoid this

same problem in 10-15 years.

 Councilmember McGee asked if the NRP would have a stair-step reduction.

 Deputy City Manager Copley stated Staff will reach out to Councilmember Valdivia-

Alcala to schedule a one-on-one meeting as well as Staff would be willing to meet with all other

Governing Body members to provide more information about the NRP. He highlighted the

following information:

 • Construction of Pioneer Homes began in 2006 and was completed in 2007. Staff will
 research existing inspection reports from KHRC and Property Maintenance to verify
 the property's condition for the Governing Body.
 • To satisfy the underwriter’s 15-year financial balance requirement, the Developer is
 requesting a 20-year Neighborhood Revitalization Program (NRP) abatement rather
 than the standard 10-year version.



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 • The Developer wants to create a TIF District solely to qualify for the 20-year NRP.
 They have explicitly stated they will not seek TIF funds (the 100% tax increment) for
 redevelopment costs.
 • The Developer will remain responsible for paying the baseline property taxes
 (currently $20,000) for the full 20 years. Only the "increment" (the tax increase from
 improvements) would be abated.
 • In regard to next steps, the proposal requires Council approval and must pass the "but
 for" test. A blight study and proforma have been secured to conduct the necessary
 financial analysis.
 • In regard to more frequent or stringent inspection oversight as suggested by
 Councilmember Valdivia-Alcala, Staff could consider the suggestion made by
 Councilmember Kell for the city to propose its own additional inspections.

 Mayor Duncan moved to approve the resolution. The motion seconded by

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

 PUBLIC HEARING

 A Public Hearing to consider the advisability of creating a Community Improvement
 District, at 17th and Topeka Boulevard for the Hotel Topeka, was presented.

 ORDINANCE NO. 20644 introduced by City Manager Dr. Robert M. Perez, establishing

a Community Improvement District (CID) at 17th and Topeka Boulevard for the Hotel Topeka

property, and levying a CID Sales Tax of two percent (2.0%) within the CID, was presented.

 Braxton Copley, Deputy City Manager, reported the City received a petition and

application to establish the Hotel Topeka CID. The general nature of the proposed CID project

was to establish a CID for Hotel Topeka, which will levy an additional 2% sales tax on goods

and services within the hotel’s property boundaries to help fund hotel renovations and recoup the

City’s investment. He referenced City of Topeka Charter Ordinance 125, effective January 1,

2026, which established a specific 8% transient guest tax (TGT) for Hotel Topeka to capture the

portion of TGT collected at Hotel Topeka that is in excess of the “2025 base year” solely to




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recoup the City’s investment costs as well as the additional 2% CID approved by Shawnee

County for the surrounding property.

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

would like to speak to the matter.

 Henry McClure expressed concern with the need to offer consistency for economic

development incentives and create an even playing field for all developers.

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

 Councilmember Kell spoke to the importance of economic development tax incentives

reflecting fair, area-specific percentages based on the needs of the community. He spoke in

support of the additional sales tax to recoup funds for the City and stated it will improve a much-

needed hotel in the community.

 Councilmember Hoferer inquired when the CID will take effect and begin collection.

 Deputy City Manager Copley stated the Kansas Department of Revenue (KDOR)

requires at least a 3-month notice prior to implementing additional sales tax for a CID; therefore,

collection will begin July 1, 2026.

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

Duncan carried. (8-2-0)

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

Ortiz, Kell, Miller, Bradberry, McGee, Hoferer and Mayor Duncan - 8. Naes: Councilmembers

Valdivia-Alcala and Banks - 2.

 PUBLIC COMMENT was provided by the following individuals:

 Danielle Twemlow expressed concern about the time it has taken to fulfill an open

records request she submitted to the City. She also expressed deep concern with the
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discrepancies of documents she received related to her Open Records Request for Kansas

Topsoil. She suggested the City conduct a financial audit related to repeated financial

discrepancies.

 Lazone Grays distributed a handout (Attachment A) related to the Unemployment Rate

by Race and Gender according to the US. Census Bureau, American Community Survey 2020-

2024. He expressed his disappointment with the percentages of unemployed African Americans

within Shawnee County and questioned the priorities and efforts of the Governing Body as the

employment numbers and unemployment rates play a large part in economic development.

 Henry McClure referenced the $1.8 million lawsuit recently paid by Metropolitan Transit

Airport Authority. He expressed concern with the salaries being paid to Greater Topeka

Partnership (GTP) employees and noted, the City of Topeka should utilize their Director of

Economic Development instead of paying GTP for economic development services.

 ANNOUNCEMENTS BY THE CITY MANAGER, MAYOR AND MEMBERS OF

THE COUNCIL:

 Brenda Younger, City Clerk, provided an overview of the March 17, 2026, Governing

Body meeting agenda.

 Councilmember Kell referenced comments made by Danielle Twemlow and Lazone

Grays. He expressed his interest in knowing what the short-term and long-term benefits of these

incentives could be to the city and citizens by employing citizens of Topeka for the incentive

projects.

 Councilmember Bradberry stated she concurs with statements made by Councilmember

Kell. She announced TPAC would host Alice Cooper on April 17, 2026.


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 Councilmember McGee stated he would like to research the NRP program specifically

the policy on stair-stepping the rebates. He announced he will begin meeting with his

constituents at Fairlawn Plaza on the first Saturday of each month from 1:00 p.m. to 5:00 p.m. as

well as the fourth Tuesday of each month from 6:00 p.m. to 8:00 p.m.

 Councilmember Valdivia-Alcala announced she will be researching the rental registry as

it relates to bad landlords in Topeka. She expressed deep concern about police videos that she

watched and the need for more mental health resources and more deescalation training for police

officers. She referenced the whistleblower investigation prompted by Mayor Duncan and stated

she would be happy to serve on the investigation team. She stated she was glad to be back and

feeling better and thanked the cardiac team at Stormont Vail Hospital.

 Councilmember Banks welcomed Councilmember Valdivia-Alcala back from her

extended medical leave. He congratulated Councilmember Miller on a successful basketball

season at Topeka High. He expressed concern with the $400 Kansas Open Records Act (KORA)

fee paid by Danielle Twemlow and suggested it be researched.

 Councilmember Miller thanked Councilmember Banks for his comments. He wished the

Topeka High School ladies basketball team good luck at the State Tournament.

 Mayor Duncan welcomed Councilmember Valdivia-Alcala back from her extended

medical leave. He thanked the Topeka Rescue Mission for finding a home for the City’s one-stop

shop. He provided a brief update on the internal review from the Mayor’s Office. He reported the

review is underway and it will take multiple months to complete, while the work is being

conducted directly out of the Mayor’s Office through an independent third party and without

involvement from City staff, he will keep the Governing Body informed and provide updates at

appropriate times as the review progresses. It was important to emphasize that the review is
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focused on examining internal processes to ensure they are operating in a manner that is fair,

consistent and is in the best interest of City employees. This effort is about evaluating how our

systems and procedural functions and one of the things he has heard and wants City employees

to understand is Staff should not be concerned that this review is going to re-open prior

disciplinary matters, doing so will not be appropriate from a moral, ethical or legal standpoint

and that is not the purpose of this work. The goal is not to take cases in which employees were

previously reviewed or absolved in an attempt to reach a different outcome, rather, the focus is

on understanding whether our processes themselves are working as intended and how employees

may have been impacted by those processes. When employees bring forward concerns he wants

them to know those concerns are taken seriously, the City has many dedicated and talented

employees who care deeply about the work they do for the community. He is appreciative of

them all and everyday will work to help the citizens of Topeka understand the critical role they

play in bettering the lives of everyone. He wanted to ensure that the City’s internal processes

support them, operate as intended and reflect the standards of professional and accountability

that he and the organization expect. If improvements are needed the City will take the necessary

steps to make those corrections.

 NO FURTHER BUSINESS appearing the meeting adjourned at 7:49 p.m.


 (SEAL)

 ______________________________
 Brenda Younger, City Clerk, M.M.C.




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