Governing Body — Topeka, KS
Date: 2025-02-18

City Council Chambers 214 SE 8th St.
 2nd Floor Topeka, KS 66603
 https://www.topeka.org




 Governing Body Agenda
 February 18, 2025
 6:00 PM


 Mayor: Michael A. Padilla
 Councilmembers
Karen A. Hiller District No. 1 Marcus D.L. Miller District No. 6
Christina Valdivia-Alcala District No. 2 Neil Dobler District No. 7
Sylvia E. Ortiz District No. 3 Spencer Duncan District No. 8
David Banks District No. 4 Michelle Hoferer District No. 9
Brett D. Kell District No. 5
 City Manager: Dr. Robert M. Perez


Addressing the Governing Body: Public comment for the meeting will be available via Zoom or in-person. Individuals
must 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 the
date of the meeting, after which the City Clerk's Office will provide Zoom link information and protocols prior to the
meeting. View the meeting online at https://www.topeka.org/communications/live-stream/ or at
https://www.facebook.com/cityoftopeka/.
Written public comment may also be considered to the extent it is 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 the date of the meeting for attachment to the meeting minutes.

If you need any accommodations for the meeting, please contact the City ADA Coordinator at 785-368-4470. Kansas
Relay Service at 800-766-3777. Please provide a 48 Hour Notice if possible. Assistive listening devices are available for
use in the community forum.
Agendas are available by 5:00 p.m. on Thursday in the City Clerk's Office, 215 SE 7th Street, Room 166, Topeka,
Kansas, 66603 or on the City's website at https://www.topeka.org.
CALL TO ORDER:
INVOCATION:
PLEDGE OF ALLEGIANCE:
1. ROLL CALL:
2. PRESENTATIONS:
 2025 Strategic Goals and Priorities
3. CONSENT AGENDA:
 A. Resolution - St. Patrick's Day Street Party 2025 - Noise Exception

 RESOLUTION introduced by Councilmember Karen Hiller granting The Celtic Fox an
 exception to the provisions of City of Topeka Code Section 9.45.150, et seq., concerning noise
 prohibitions. (Council District No. 1)

 (Approval would allow for amplified music and sound during the hours of 9:00 a.m. and 7:00 p.m. on
 March 15, 2025 on 8th Street between S. Kansas Avenue and Jackson Street.)

 B. MINUTES of the regular meeting of February 11, 2025
 C. APPLICATIONS:

4. ACTION ITEMS:
 A. Public Hearing and Ordinance - Auburn Washburn Annexation (A24/05)

 PUBLIC HEARING and ORDINANCE introduced by City Manager Dr. Robert M. Perez, to
 annex lands, all pursuant to K.S.A. 12-520 et seq., located at 5928 SW 53rd Street and
 Unaddressed SW Wanamaker Road within unincorporated Shawnee County, Kansas, and
 adjacent to the City of Topeka corporate limits and being annexed for all City
 purposes. (A24/05) (Council District No. 7)

 Voting Requirement: Action requires at least six (6) votes of the Governing Body.

 (Annexation of 20.9 acres. The tracts will be assigned to Council District No. 7)

 B. Resolution - SW Harrison 10th Avenue to 8th Avenue - Project No. 841098.01

 RESOLUTION introduced by the Public Infrastructure Committee comprised of
 Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of Project
 No. 841098.01 for street improvement for SW Harrison Street from 10th Avenue to 8th
 Avenue. (Public Infrastructure Committee recommended approval on January 31, 2025.)

 Voting Requirement: Action requires at least six (6) votes of the Governing Body.

 (Approval would authorize a total project budget of $800,000 for street improvements on SW
 Harrison Street from 10th Avenue to 8th Avenue.)

 C. Resolution - Micro Surfacing - Southwest Quadrant - Project No. 841104.01
 RESOLUTION introduced by the Public Infrastructure Committee comprised of
 Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of the 2025
 Micro Surfacing Project No. 841104.01, part of the Street Preventative Maintenance Program to
 be performed in the southwest quadrant of the city. (Public Infrastructure recommended
 approval on January 31, 2025.)

 Voting Requirement: Action requires at least six (6) votes of the Governing Body.

 (Approval would authorize a total project budget of $1.2 Million for the 2025 Micro Surfacing Program
 in the southwest quadrant of the city from SW 21st Street, south to the south city limits, and from
 SW Topeka Boulevard west to the west city limits.)

D. Resolution - 2025 Ultrathin Bonded Asphalt Surface (UBAS) Treatments - Project No.
 841104.02

 RESOLUTION introduced by the Public Infrastructure Committee comprised of
 Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of Project
 No. 841104.02 for the 2025 Ultrathin Bonded Asphalt Surface (UBAS) treatments for segments
 of NE Quincy, SE Branner, NE Seward, SE 6th, SE California and NE Strait. (Public
 Infrastructure Committee recommended approval on January 31, 2025.)

 Voting Requirement: Action requires at least six (6) votes of the Governing Body.

 (Approval would authorize a total project budget of $947,573 for the 2025 Ultrathin Bonded Asphalt
 Surface (UBAS) Treatment Project No. 841104.02.)


E. Resolution - Crack Sealing - Southeast Quadrant - Project No. 841104.03

 RESOLUTION introduced by the Public Infrastructure Committee comprised of
 Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of Project
 No. 841104.03 for 2025 Crack Sealing part of the Street Preventative Maintenance Program to
 be performed in the southeast quadrant of the city. (Public Infrastructure Committee
 recommended approval on January 31, 2025.)
 Voting Requirement: Action requires at least six (6) votes of the Governing Body.

 (Approval would authorize a total project budget of $522,000 for 2025 Crack Sealing Project No.
 841104.03 as part of the 2025 Street Preventative Maintenance Program, in the southeast quadrant
 of the city from SW 21st Street, south to the south city limits and from SW Topeka Boulevard, east
 to the east city limits.)

F. Approval - Governing Body Rules and Procedure Amendment - Virtual Voting Application

 APPROVAL of amendments to the Governing Body Rules and Procedure 2.2(d).

 Voting Requirement: At least six (6) votes of the Governing Body is required.

 (Approval would allow Governing Body members to vote by a virtual voting application.)

G. Resolution - Community Improvement District (CID) Policy Amendment

 RESOLUTION introduced by City Manager Dr. Robert M. Perez amending City of Topeka's
 policy for Community Improvement Districts and rescinding Resolution No. 8392. (Policy &
 Finance Committee recommended approval on January 28, 2025.)

 Voting Requirement: Action requires at least six (6) votes of the Governing Body.

 (Approval of the proposed amendments would provide for a more uniform approach to the current
 CID policy and procedure.)

 H. Resolution - Tax Increment Financing (TIF) District Policy Amendment

 RESOLUTION introduced by City Manager Dr. Robert Perez amending the City of Topeka's
 policy for Tax Increment Financing Districts and rescinding Resolution No. 9016. (Policy &
 Finance Committee recommended approval on January 28, 2025.)

 Voting Requirement: Action requires at least six (6) votes of the Governing Body.

 (Approval of the proposed amendments would provide for a more uniform approach to the current
 TIF policy and procedure.)

 I. Resolution - Rural Housing Incentive District (RHID) Policy Amendment

 RESOLUTION introduced by City Manager Dr. Robert M. Perez amending City of Topeka's
 policy for Reinvestment Housing Incentive Districts and rescinding Resolution Nos. 9379 and
 9452. (Policy & Finance Committee recommended approval on January 28, 2025.)

 Voting Requirement: Action requires at least six (6) votes of the Governing Bod.

 (Approval of the proposed amendments provides for a more uniform approach to the current RHID
 policy and procedure.)

5. NON-ACTION ITEMS:
 A. Discussion - Naming/Dedicating the Jack Alexander Water Treatment Plant

 DISCUSSION to consider naming and dedicating the City’s facility located at 3425 NW
 Water Works Drive, as the Jack Alexander Water Treatment Plant.

6. PUBLIC COMMENT:
 Public comment for the meeting will be available via Zoom or in-person.
 Individuals must 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 the date of the meeting, after
 which the City Clerk's Office will provide Zoom link information and protocols
 prior to the meeting. Written public comment may also be considered to the
 extent it is 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 the date of the meeting for attachment to the
 meeting minutes. View the meeting online at
 https://www.topeka.org/communications/live-stream/ or at
 https://www.facebook.com/cityoftopeka/.
7. ANNOUNCEMENTS:
8. EXECUTIVE SESSION:
 Executive Sessions are closed meetings held in accordance with the provisions of the Kansas
 Open Meetings Act.

 (Executive sessions will be scheduled as needed and may include topics such as personnel
 matters, considerations of acquisition of property for public purposes, potential or pending litigation
 in which the city has an interest, employer-employee negotiations and any other matter provided for
 in K.S.A. 75-4319.)
9. ADJOURNMENT:
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 February 18, 2025


DATE: February 18, 2025
CONTACT PERSON: Dr. Robert M. Perez, DOCUMENT #:
 City Manager
SECOND PARTY/SUBJECT: PROJECT #:
CATEGORY/SUBCATEGORY
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:
 2025 Strategic Goals and Priorities
VOTING REQUIREMENTS:
POLICY ISSUE:
STAFF RECOMMENDATION:
BACKGROUND:
BUDGETARY IMPACT:
SOURCE OF FUNDING:

ATTACHMENTS:
Description
FY Strategic Goals Presentation
FY 2025 Strategic Goals
|FY 2025 Strategic Goals 2


1|Quality of Life
2|Inclusive Communities
3|Housing/Economic Development
4|Homelessness
5|Budget
6|Public Safety
7| Economic Development
8| Infrastructure
1. Quality of Life 3


• Streamline Customer Service
 • 311 Call Center/See Click Fix and SMS Texting
 Service(Community Engagement and Police
 Department
 • Convert to Digital Ticketing(Municipal Court)
 • Implement new AVL system with foreword facing
 interface(Public Works)

• Strengthen Code Compliance team and Inspection
 • Support legislation that increases inspections of
 residential properties that receive public funding. (Legal
 Department)
2. Inclusive Communities 4


• Establish Office of Inclusive Communities and determine
  program goals.
 • Strengthen community partnerships to foster inclusivity
 (Community Engagement and Police Department)
3. Housing 5


• Pursue opportunities to grow tax base (Planning and
  Development
 • Review City's current rehabilitation, social service, and
 financial housing for optimal effectiveness
 • Identify ways to sustainably activate Affordable Housing Trust
 Fund ($1mil) and Economic Development Funds (500k)
 • Continue to attract new commercial and residential
 developments
4. Homelessness 6


• Select one Homelessness initiative: One-stop Shop, Low-
  Barrier Shelter, or Tiny Home
 • Select a point person or committee and develop an
 implementation plan and project budget.
 • Continue collaboration with Built for Zero and All Hands on
 Deck (AHOD)
5. Fiscal Stability and Sustainability 7


• Develop a sustainable budget for FY 2026 and beyond
 • Increase revenue to strengthen the City's long-term
 financial position
 • Evaluate cost of services with key department heads
6. Public Safety 8


• Continue or implement public safety strategies
 • Violent Crime Reduction plan with a public
 engagement component (Police Department)
 • Strengthen external law enforcement partnerships
 (Police Department)
 • Strengthen the partnership with Valeo to advance
 our Mental Health Court and collaborate with
 County and State Probation to better utilize
 resources. (Municipal Court)
6. Public Safety Cont. 9


 • Form partnerships with research institutions to
 enhance policing practices and address public
 safety challenges (Police Department)
 • EmpowerHER: Self-defense course being offered to
 the community and high schools across the
 city(Community Engagement)
7. Economic Development 10


• Sell Hotel Topeka
• Develop Digital Kiosk Program (Public Works)
• Small Business Collaboration
8. Infrastructure 11


• Continue delivery of annual CIP projects and regular
  maintenance (Public Works)
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 February 18, 2025


DATE: February 18, 2025
CONTACT PERSON: Councilmember Hiller DOCUMENT #:
SECOND PARTY/SUBJECT: Katie Turner PROJECT #:
CATEGORY/SUBCATEGORY 020 Resolutions / 005 Miscellaneous
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

RESOLUTION introduced by Councilmember Karen Hiller granting The Celtic Fox an exception to the
provisions of City of Topeka Code Section 9.45.150, et seq., concerning noise prohibitions. (Council
District No. 1)

(Approval would allow for amplified music and sound during the hours of 9:00 a.m. and 7:00 p.m. on March 15,
2025 on 8th Street between S. Kansas Avenue and Jackson Street.)

VOTING REQUIREMENTS:
At least six (6) votes of the Governing Body are required.
POLICY ISSUE:
City of Topeka Code Section 9.45.170, et seq., authorizes the Governing Body to grant noise exceptions.
Approval grants a noise exception to The Celtic Fox for the St. Patrick’s Day Street Party, March 15, 2025.
STAFF RECOMMENDATION:
Staff is recommending the Governing Body approve the resolution as part of the consent agenda.
BACKGROUND:
The Celtic Fox is requesting the noise exception due to amplified music and sound at the St. Patrick’s Day Street
Party located on 8th Street between Kansas Avenue and Jackson Street during specified dates and times.
BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Not Applicable.
ATTACHMENTS:
Description
Resolution - Noise Exception
 1 RESOLUTION NO.
 2
 3 A RESOLUTION introduced by Councilmember Karen Hiller, approving a special event
 4 known as the 2025 St. Patrick’s Day Street Party.
 5
 6 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF TOPEKA,

 7 KANSAS, that:

 8 Section 1. Pursuant to state law, alcoholic liquor may be consumed at a special

 9 event to be held on designated public streets, alleys, and sidewalks when a temporary

10 permit has been issued by the Kansas Division of Alcohol Beverage Control (ABC) and the

11 governing body has approved the event as required by K.S.A. 41-719 and 41-1201 and

12 amendments thereto.

13 Section 2. Having considered the request of the sponsor of the St. Patrick’s Day

14 Street Party to allow the possession and consumption of alcoholic liquor, the governing

15 body hereby approves the event to be held on March 15, 2025, from 9:00 a.m. to 7:00

16 p.m., provided the sponsor secures a temporary permit from ABC and complies with all

17 state laws and ordinances regulating alcoholic liquor.

18 Section 3. A portion or all of the following streets and alleys shall be closed to

19 motor vehicle traffic during the dates and times identified in Section 2: SW 8th Avenue

20 between Kansas Avenue and Jackson Street. Pursuant to K.S.A. 41-719 and 41-1201, the

21 sponsor shall ensure that the area in which alcoholic liquor is possessed or consumed is

22 clearly marked by signs, a posted map or other means (“Designated Barricaded Area”).

23 Section 4. Event attendees may purchase, possess and consume alcoholic

24 beverages within the Designated Barricaded Area. Pursuant to K.S.A. 41-719, no alcoholic

25 liquor may be removed from Designated Barricaded Area or consumed inside vehicles

26 while on public streets or alleys at the event.



 RES/St. Patrick’s Day Street Party 2024 1/26/2024 1
27 Section 5. This Resolution shall take effect and be in force after its approval by

28 the governing body.

29 ADOPTED and APPROVED by the Governing Body on .

30 CITY OF TOPEKA, KANSAS
31
32
33
34
35 Michael A. Padilla, Mayor
36 ATTEST:
37
38
39
40 _______________________________
41 Brenda Younger, City Clerk




 RES/St. Patrick’s Day Street Party 2024 1/26/2024 2
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 February 18, 2025


DATE: February 18, 2025
CONTACT PERSON: Dan Warner, AICP, DOCUMENT #:
 Planning Division
 Director
SECOND PARTY/SUBJECT: PROJECT #:
CATEGORY/SUBCATEGORY 014 Ordinances – Non-Codified / 001 Annexation
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

PUBLIC HEARING and ORDINANCE introduced by City Manager Dr. Robert M. Perez, to annex lands,
all pursuant to K.S.A. 12-520 et seq., located at 5928 SW 53rd Street and Unaddressed SW Wanamaker
Road within unincorporated Shawnee County, Kansas, and adjacent to the City of Topeka corporate
limits and being annexed for all City purposes. (A24/05) (Council District No. 7)

Voting Requirement: Action requires at least six (6) votes of the Governing Body.

(Annexation of 20.9 acres. The tracts will be assigned to Council District No. 7)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to approve the annexation of 20.9 acres per K.S.A. 12-520(a)(3).
STAFF RECOMMENDATION:
Staff recommends the Governing Body conduct the public hearing and move to adopt the ordinance.
BACKGROUND:
City of Topeka Planning Division is requesting annexation of land that adjoins the City per K.S.A. 12-250(a)(3),
which is used in this case because the property owner has not provided consent and the property is owned by a
public taxing entity. The land is 20.9 acres including right-of-way owned by USD 437 Auburn Washburn School
District. The site is currently used for an administration building and surface parking for school buses. No
development of the site is proposed.

The February 18, 2025, Public Hearing date was authorized pursuant to Resolution No. 9607, approved by the
Governing Body on December 17, 2024.

Land Use and Growth Management Plan 2040
The property lies within the Service Tier 3 of the Urban Growth Area and the primary service area. Tier 3 areas
comprise the bulk of the UGA outside of Tier 1. Developing these areas requires graduating services to Tier 2,
meaning, it is cost effective for the City to make investments for all of the urban services in the area.

The subject property is designated as Urban Growth Area (residential). The continuance of the existing land use
is consistent within that designation.

Street Network
SW Wanamaker Road is a three-lane minor arterial built to urban standards, which will be annexed to the existing
City boundary line by the City. SW 53rd Street is a local road that is partially built to urban standards and will be
annexed to the centerline of the road. No new public roads are anticipated with the development. The existing
private drives will serve the property.

The Topeka Planning commission reviewed the annexation proposal at their meeting on November 19, 2024, and
found the annexation to be consistent with the City's Land Use and Growth Management Plan.

While state law does not require that annexation be reviewed by the Planning Commission, the City's adopted
Comprehensive Land Use and Growth Management Plan 2040 requires that the Planning Commission make a
determination that annexation of 10 acres or more are consistent with the plan.
BUDGETARY IMPACT:
Property Taxes
Estimated future annual property tax revenue of $0.

Stormwater and Sewer
Estimated future annual utility revenue: $13,079.

Water
Water service will be provided by Rural Water District #3.

Streets
Due to the north half of SW 53rd Street being annexed, there is an estimated annual operation and maintenance
cost of $30,825

Services
There are no additional costs for Fire, Police, and Forestry.
SOURCE OF FUNDING:
Not Applicable

ATTACHMENTS:
Description
Ordinance
Public Hearing Notice: Resolution 9607 (Dec 2024)
Annexation Service Plan
A24/05 Aerial Map
Memo to Planning Commission (Nov 18, 2024)
Annexation Fact Sheet
Topeka Planning Commission Minutes (Nov 18, 2024)
WashRural Annex Presentation
1 (Published in the Topeka Metro News )

2 ORDINANCE NO. ______

 3 AN ORDINANCE introduced by City Manager Dr. Robert M. Perez annexing land to the
 4 City of Topeka, Kansas, in accordance with K.S.A. 12-520, located at
 5 the northeast corner of SW Wanamaker Road and SW 53rd Street,
 6 within Shawnee County, Kansas and adjacent to the City of Topeka
 7 corporate limits, and said land being annexed for all City purposes.
 8
 9 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TOPEKA,
10 KANSAS:
11
12 Section 1. That the following described land, meeting the conditions for

13 annexation prescribed in K.S.A. 12-520(a)(3), is hereby annexed and made a part of the

14 City of Topeka, Kansas:

15 A tract of land in the Southeast Quarter of Section 29, Township 12 South, Range
16 15 East of the 6th P.M. in Shawnee County, Kansas, described as follows:
17 Commencing at the Southeast corner of said Quarter Section; thence North 00
18 degree 15 minutes 52 seconds West along the East line of said Quarter Section,
19 40.00 feet to the POINT OF BEGINNING; thence continuing North 00 degree 15
20 minutes 52 seconds West along said East line, 1284.55 feet, more or less to the
21 Northeast corner of the Southeast Quarter of the said Southeast Quarter of Section
22 29; thence Westerly along the North line of said Quarter-Quarter Section to an
23 intersection with a line which is 40.00 feet West of the East line of said Quarter-
24 Quarter Section; thence South 00 degrees 15 minutes 52 seconds East, 1189.27
25 feet; thence South 16 degrees 46 minutes 48 seconds West, 53.30 feet to a point
26 which is 85.00 feet north of the South line of the said Southeast Quarter Section
27 and 55.62 feet West of the said East line; thence South 77 degrees 37 minutes 36
28 seconds West, 80.57 feet to a point which is 69.00 feet north of the said South line;
29 thence South 00 degrees 57 minutes 05 seconds East, 29.00 feet to line that is
30 40.00 feet North of the said South line; thence Westerly along the said line that is
31 40.00 feet North of the said South line to the POINT OF BEGINNING. The above
32 described tract contains 1.27 acres, more or less.
33
34 And a tract of land in the Southwest Quarter of Section 28, Township 12 South,
35 Range 15 East of the 6th P.M. in Shawnee County, Kansas, described as follows;
36 All of the West Half of the Southwest Quarter of the said Southwest Quarter of
37 Section 28. The above described tract contains 20.12 acres, more or less.
38
39 Which land meets one or more conditions set forth in K.S.A. 12-520(a), as amended.
40
41




 ORD/Auburn Washburn Annexation 1
42 Section 2. That all land described in Section 1 of this Ordinance is taken into and made a

43 part of the City for all City purposes and is assigned to City Council District No. 7.

44 Section 3. This Ordinance shall take effect and be in force from and after its passage,

45 approval and publication in the official city newspaper.

46 Section 4. Upon passage and publication, the City Clerk shall file a certified copy of this

47 Ordinance with the County Clerk, the Register of Deeds, and the Shawnee County Election

48 Commissioner.

49 PASSED AND APPROVED by the Governing Body on ___________________________.
50
51
52 CITY OF TOPEKA, KANSAS
53
54
55
56 Michael A. Padilla, Mayor
57 ATTEST:
58
59
60
61 Brenda Younger, City Clerk
62 To Be Codified
63 Not To Be Codified X




 ORD/Auburn Washburn Annexation 2
Annexation Service Plan
For the area generally bound by SW Wanamaker RD to the west ,and 615 feet to the east
and, the centerline of SW 53rd Street, and 2,585 feet to the north.
Table of Contents
Contents
Table of Contents .......................................................................................................... 2
Table of Authorities ....................................................................................................... 3
 List of Maps:.............................................................................................................. 3
 List of Tables: ............................................................................................................ 3
Introduction ................................................................................................................. 4
 Areas Proposed for Annexation ................................................................................... 4
 Land Use and Zoning ................................................................................................. 6
Services Plan ................................................................................................................ 9
 Public Streets ............................................................................................................ 9
 Water........................................................................................................................ 9
 Sanitary Sewer ........................................................................................................ 10
 Stormwater and Flood Protection ............................................................................. 12
 Fire Protection ......................................................................................................... 12
 Police Protection ..................................................................................................... 12
 Parks ...................................................................................................................... 12
Impact on Finances ..................................................................................................... 14
 Ad Valorem Property Tax Revenues ........................................................................... 14
Legal Descriptions for Proposed Annexation Areas ........................................................ 14




 2|Page
Table of Authorities

List of Maps:
 1. General Vicinity (Cover)
 2. Proposed Annexation Areas
 3. Existing Zoning Pattern
 4. Existing and Future Sewer System

List of Tables:
 1. Annexation Schedule
 2. Timing and Financing of Services
 3. Tax Levies and Collections, Before and After Action




 3|Page
Introduction
The City of Topeka is proposing to annex two USD 437 Washburn Rural parcels of land by
the means of unilateral annexation under K.S.A. 12-520(a)(3). State law requires a service
extension plan whenever a city pursues annexation in the absence of a petition or request
for annexation from the property owners. This report describes the prospective extension of
City services to these properties pursuant to the requirements of state law found in Kansas
Statues Annotated (KSA) 12-520 et seq.

Areas Proposed for Annexation
The areas proposed for annexation are located, generally, in an area bounded by the west
right-of-way line on Wanamaker Road on the west and the centerline of SW 53 rd Street on
the south. The two properties are addressed as 5928 SW 53rd Street and unaddressed SW
Wanamaker Road (PID:1482803001003000). The two properties generally extend 605 feet
to the east from the west property line. The General Vicinity Map (Map #1) illustrates the
subject areas. In its entirety, this annexation area contains approximately 20.1 acres with a
total of two properties currently developed by Auburn-Washburn USD 437. The sites are
currently used as administrative o ices and school bus parking. Neither of these
properties are platted and include no right-of-way.

The Proposed Annexation Areas (Map #2) map outlines the subject properties. To meet the
statutory requirement that property be contiguous with the City before annexation, these
parcels will be annexed following the schedule outlined in Table 1.




 4|Page
Map #2




 5|Page
Land Use and Zoning
The land use pattern of the area proposed for annexation is predominately single-family
residential, with two large vacant lots immediately to the east of the proposed annexation.
Many of the existing single-family homes that front SW Wanamaker are currently on
unplatted lots that were built prior to current platting exemption standards being adopted.
These lots are roughly 180 to 200 feet in width and vary from 200 to 600 feet in depth. There
are several subdivisions within ¼ mile of the proposed annexation that are platted and
include urban densities but are zoned RR-1. The land proposed for annexation is identiﬁed
as Urban Growth Area Residential, which is meant for primarily urban residential
neighborhoods and is expected to urbanize in a compact manner. The existing uses are
consistent with the Land Use and Growth Management Plan 2040.




 6|Page
Map #3




 7|Page
Table 1: Annexation Schedule
Annexation Process Expected Date
City of Topeka Planning Commission November 2024
Review
City of Topeka Governing Body Passes December 17th, 2024
Resolution with Statement of Intent to
Annex
Notices sent
City of Topeka Public Hearing February 18th, 2025
Governing Body Passes Annexation March 2025
Ordinance




 8|Page
Services Plan
The following paragraphs detail the level of municipal services to be provided to the
annexed areas following annexation action. As these properties are currently adjacent to
the City’s corporate boundaries, citizens will not see a signiﬁcant change in the services
provided to them. A schedule for service timing is provided in Table 2.

Public Streets
The paved minor arterial SW Wanamaker Road and the paved secondary road SW 53 rd
Street (centerline of road) serve as the west and south boundary of the annexation area.
SW Wanamaker Road is built to an urban standard with asphalt with curb and gutter and
designated sidewalks. SW 53rd Street is partially built to an urban standard with asphalt
pavement and curb and gutter but transitions to a rural standard (asphalt with open
ditches) on the east side of the annexation area. The circulation pattern and tra ic volume
for these roads are not anticipated to change due to this annexation.

Both SW Wanamaker Road and SW 53rd Street are currently maintained by Shawnee
County Public Works. SW Wanamaker Road will be annexed and maintained by the City of
Topeka’s Public Works Department. SW 53rd Street will be annexed to the centerline of the
road and will be maintained by the City of Topeka’s Public Works Department. There are no
projects in the City’s 2024-2033 Capital Improvement Program a ecting this area.
Shawnee County also shows no projects in their Capital Improvement Program.

Water
Properties in the annexation area are currently served by a four-to-six-inch Rural Water
District #3 (RWD#3) water main that runs north to south along SW Wanamaker Road. The
segment of SW 53rd Street is served by a less than four-inch water main served by RWD#3.
The closest City water main and local lines are located within the Lauren’s Bay Subdivision,
located to the northwest of the property.

Per the City’s contract with RWD #3, the City and district would be required to negotiate an
annexation fee to retire any long-term debt associated with the annexation. However, the
City has no desire to serve water to the property and the current contract will remain in
place.

The City has no CIP projects planned for the annexation area.




 9|Page
Sanitary Sewer
The two properties in the annexation area are currently served by City of Topeka sanitary
sewer. A City of Topeka pump station is located on one of the annexation parcels and
ultimately connects to the City owned and maintained Southwest Interceptor. On October
28, 2008 USD 437 signed an interlocal agreement with the City of Topeka authorizing a joint
cooperation to construct a sanitary sewer interceptor, lines and pump stations to connect
certain facilities owned by USD 437 to the City’s sanitary sewer system. Connection to
sanitary sewer and access to this utility is required for annexation.




 10 | P a g e
Map #4




 11 | P a g e
Stormwater and Flood Protection
According to the Federal Emergency Management Agency (FEMA) Firm Panel
#20177CO282E this annexation area is in an area of low risk.

For any future projects, the stormwater management will be handled by City of Topeka
Utilities Department. All properties will be charged a user fee based on the amount of
impervious area on the property.

Fire Protection
"Fire protection is currently provided to the area on a ﬁrst-responder basis by the Topeka
and Mission Township Fire Department (MTFD). The City of Topeka has an MUTUAL aid
agreement with the MTFD to respond to emergencies in this area.

After the annexation the area will be served on a ﬁrst-responder basis by the City of Topeka
Fire Department (TFD). TFD furnishes ﬁre protection to this area from Fire Station 8 at 2700
SW Fairlawn Road & Station 10 at 2010 SW 37th Street. Response times to the annexed area
are anticipated to be 7 minutes, 38 seconds from Station #10 and 8 minutes, 19 seconds
from Station #8, under normal conditions. The City's ﬁre insurance rating is currently a
Class 2.

It is assumed that upon annexation, the MUTUAL aid agreement will remain in place.

Upon annexation, the City’s general property taxation and other general revenues will
ﬁnance ﬁre protection.

Police Protection
The City of Topeka Police Department will provide police protection to the area upon
annexation. The City’s district-based patrol patterns ensure timely response times to this
area for high-priority calls. City-wide. The area will continue to receive services from the
Shawnee County Sheri ’s O ice as needed or by the Topeka Police Department.

Upon annexation, the City’s general property taxation and other general revenues will
ﬁnance police protection.

Parks
The annexation area does not include any park space. No additional parks are proposed or
programmed within the annexation area.




 12 | P a g e
Table 2: Timing, Financing, and Servicing Agency
 Proposed Serving
 Service Timing Financing
 for Area Agency
Street Maintenance Yes Upon Annexation City-At-Large City of Topeka
Arterial Street
 Yes N/A City-At-Large City of Topeka
Improvements
Local Street Improvements Yes N/A City-At-Large City of Topeka
 Shawnee
Streetlights No N/A N/A County Public
 Works
 Shawnee
Ditch
 No N/A N/A County Public
Cleaning/Maintenance
 Works
 Shawnee
Culvert Cleaning No N/A N/A County Public
 Works
 Rural Water
Water Mains No N/A N/A
 District #3
 Rural Water
Fire Hydrants No N/A N/A
 District #3
Sewer Mains/Laterals* Yes Existing N/A City of Topeka
Fire Protection Yes Upon Annexation City-At-Large City of Topeka
Police Protection Yes Upon Annexation City-At-Large City of Topeka
 Shawnee
Parks No N/A N/A County Parks
 and Recreation
City Building Code
 Yes Upon Annexation City-At-Large City of Topeka
Enforcement
City Environmental Code
 Yes Upon Annexation City-At-Large City of Topeka
Enforcement
Other Government
 Yes Upon Annexation City-At-Large City of Topeka
Services
Note: Services currently provided by the township or special district in the area to be annexed shall be
maintained at a level equal to or better than the level of service provided prior to annexation
* Sewer mains and laterals already serve the properties, and annexation will be a continuing use.




 13 | P a g e
Impact on Finances
The following paragraph and table detail the tax levies on the properties before and after
annexation.

Ad Valorem Property Tax Revenues
Due to the properties being owned by Auburn Washburn School District there are no taxes
collected by the taxing entities. Attached is a tax levy table if the site were to redevelop as a
di erent land use with di erent ownership.

 Table 3: Tax Levies, Before and After Annexation
 2023 Tax Levies Before Annexation After Annexation
 State of Kansas 1.500 1.500
 Shawnee County 48.653 48.653
 USD 437 Auburn/Washburn 55.091 55.091
 Top & SNCO Public Library 8.192 8.192
 Mission Township 18.895 -
 Metro Topeka Airport Authority 2.157 2.157
 Wakarusa Watershed 1.500 1.500
 Washburn University - 3.450
 Metro Transit Authority - 4.200
 City of Topeka - 36.952


Legal Descriptions for Proposed Annexation Areas
A tract of land in the Southeast Quarter of Section 29, Township 12 South, Range 15 East of
the 6th P.M. in Shawnee County, Kansas, described as follows: Commencing at the
Southeast corner of said Quarter Section; thence North 00 degree 15 minutes 52 seconds
West along the East line of said Quarter Section, 40.00 feet to the POINT OF BEGINNING;
thence continuing North 00 degree 15 minutes 52 seconds West along said East line,
1284.55 feet, more or less to the Northeast corner of the Southeast Quarter of the said
Southeast Quarter of Section 29; thence Westerly along the North line of said Quarter-
Quarter Section to an intersection with a line which is 40.00 feet West of the East line of
said Quarter-Quarter Section; thence South 00 degrees 15 minutes 52 seconds East,
1189.27 feet; thence South 16 degrees 46 minutes 48 seconds West, 53.30 feet to a point
which is 85.00 feet north of the South line of the said Southeast Quarter Section and 55.62
feet West of the said East line; thence South 77 degrees 37 minutes 36 seconds West,
80.57 feet to a point which is 69.00 feet north of the said South line; thence South 00
degrees 57 minutes 05 seconds East, 29.00 feet to line that is 40.00 feet North of the said


 14 | P a g e
South line; thence Westerly along the said line that is 40.00 feet North of the said South line
to the POINT OF BEGINNING. The above described tract contains 1.27 acres, more or less.

And a tract of land in the Southwest Quarter of Section 28, Township 12 South, Range 15
East of the 6th P.M. in Shawnee County, Kansas, described as follows; All of the West Half
of the Southwest Quarter of the said Southwest Quarter of Section 28. The above described
tract contains 20.12 acres, more or less.




 15 | P a g e
 Planning Division Dan Warner, AICP, Planning Division Director
 620 SE Madison, Unit 11 Tel: 785-368-3728
 Topeka, KS 66607 www.topeka.org




MEMORANDUM
 To: Topeka Planning Commission
 From: Dan Warner, AICP; Planning Division Director
 Date: November 8, 2024
 RE: A24/05 – Annexation of SW Wanamaker Rd, 10.74 acres, (PID:
 1482803001003000) owned by Washburn Rural High School 3 and
 5928 SW 53rd St, 6.89 acres, (PID: 1482803001004000) owned by
 Common School Dist NO 2.
Proposal
City of Topeka seeks to annex 20.9 acres owned by Washburn Rural High School 3 and
Common School District No. 2. The property owners have not consented to annexation
but the land is eligible for annexation under K.S.A. 12-520(a)(3), which states: the land
adjoins the city and is owned by or held in trust for any governmental unit other than
another city except that no city may annex land owned by a county without the express
permission of the board of county commissioners of the county. The properties are
located at the northeast corner of SW Wanamaker Road and SW 53rd Street (see Map
1). There is no proposed development associated with the site.

Background
Annexations of this type, one in which the property owner has not consented to the
annexation, but the property is held by a governmental unit and contiguous to the City,
requires the City of Topeka Governing Body to pass a resolution with statement of intent
to annex the property, hold a public hearing prior to annexation, and pass an annexation
ordinance. A process and tentative schedule can be found on Table 1. However, the
Land Use and Growth Management Plan 2040 (LUGMP) established a policy that the
Planning Commission review annexations greater than 10 acres for consistency with
growth management principles of the LUGMP.

 Table 1: Annexation Schedule
 Annexation Process Expected Date
 City of Topeka Planning Commission Review November 2024
 City of Topeka Governing Body Passes December 17th, 2024
 Resolution with Statement of Intent to Annex
 Notices sent for Public Hearing
 City of Topeka Public Hearing February 18th, 2024
 Governing Body Passes Annexation March 2024
 Ordinance

 City of Topeka Planning & Development Department
LUGMP Review
The property lies within Tier 3 of the Urban Growth Area (see Map 1). Tier 3 areas are
the bulk of the UGA outside of Tier 1. Generally speaking, Tier 3 areas of the UGA are
not ready for urbanization because investments have not been made in all five of
Topeka’s urban services (fire, police, water, sewer, and streets).

Four of the five City services are currently available to the site, with water being supplied
by Rural Water District No. 3. Sanitary Sewer was connected to the property as part of
an interlocal agreement in 2008. SW Wanamaker Road will be annexed along the
frontage of the property. City of Topeka Fire Department and Police Department can
serve the properties and have no issue with the proposal.

The subject property is designated as Urban Growth Area (residential) (see Map 2). The
proposed use aligns with the Future Land Use identified in the Land Use and Growth
Management Plan 2040.

Street Network
Existing access to the sites will come from SW Wanamaker Road, a three-lane minor
arterial and SW 53rd Street and unimproved two-lane county road. SW Wanamaker Road
will be annexed as part of this process. SW 53rd Street will be annexed to the centerline
of the road along the south property line.

Recommendation
Annexing the subject property is consistent with the Comprehensive Plan.




 Page 2 of 5
Map 1 – Property Location Relative to the UGA




 Page 3 of 5
Map 2 – Future Land Use




 Page 4 of 5
 Attachments:
Auburn/Washburn School District Annexation Fact Sheet




 Page 5 of 5
 Annexation Proposal
 Auburn/Washburn USD 437
 Fact Sheet & Department Comments
 Site

Address/Location: 5928 SW 53rd Street & Unaddressed SW Wanamaker Road
Owner: Common School District No. 2 & Washburn Rural High School No. 3
Size: Approximately 20.9 acres
Existing Land Use: Administration Building and School Bus Parking
Proposed Land Use: Administration Building and School Bus Parking
Subdivision: N/A
Land Use Breakdown: The 6.89-acre parcel is currently used for USD 437 Administrative Services. The
larger 10.74-acre parcel to the north is primarily used for school bus parking. The uses are expected to
be continued as currently described.


 Planning

Existing Zoning: RR-1 Residential Reserve District
Proposed Zoning: R-1 Single-Family District
Current Population: N/A
Projected Population: N/A
Density: N/A
Comprehensive Plan: Urban Growth Area – Service Tier 3
Primary Service Area (Sewer Required): Sewer service is available to the two parcels currently, provided
by the City of Topeka. Water is provided to the parcels by Shawnee County Rural Water District #3.




 City of Topeka Planning Department
 11/7/2024
 Page 1
 Annexation Proposal
 Auburn/Washburn USD 437
 Fact Sheet & Department Comments

Urban Growth Area Map




 City of Topeka Planning Department
 11/7/2024
 Page 2
 Annexation Proposal
 Auburn/Washburn USD 437
 Fact Sheet & Department Comments


 Annexation Procedure

Contiguous?: Yes.

Consent?: No, property is being annexed per K.S.A 12-520(a)(3). The land adjoins the city and is owned by
or held in trust for any governmental unit other than another city except that no city may annex land
owned by a county without the express permission of the board of county commissioners of the county
other than as provided in subsection (f).

Requirements: Eligible for annexation under KSA 12-520a(3).
 • Resolution with Statement of Intent to Annex by the Governing Body
 • Public Notice to entities impacted
 • Public Hearing
 • City of Topeka Governing Body Passes Ordinance

Approval Method: COT governing body passes ordinance following process identified above.

 Revenue/Expenses Estimates

Property tax revenue to the City of Topeka in 2024 would be approximately $0 following annexation.
Current property tax revenue to Mission Township was $0 in 2024.

There is existing utility revenue, but annexation would lead to a reduction in utility rates for wastewater.
Existing COT wastewater revenue would reduce $1,609 annually. Future annual COT Stormwater
revenue to the City of Topeka upon development of the property is estimated to be approximately
$14,687.64. Water will continue to be provided by Rural Water District #3.

Streets will incur an additional operations and maintenance cost of $30,825 per year. A 1,250-foot
segment of SW Wanamaker Road and the north half of SW 53rd Street are proposed for annexation.

There are no additional costs to serve the proposed annexation for Fire, Police, and Forestry.

Stormwater will have an no new annualized maintenance and repair costs and generate an annual
revenue of $14,687.64.

Water will continue to be served by Rural Water District Number 3.

Sanitary sewer will not have any new annual maintenance costs, but the change in utility rate upon
annexation will lead to a loss of revenue of $1,609 per year.

 Utility and Service Providers

 Current Proposed
 Water RWD #3 COT
 Wastewater COT COT

 City of Topeka Planning Department
 11/7/2024
 Page 3
 Annexation Proposal
 Auburn/Washburn USD 437
 Fact Sheet & Department Comments
 Fire Mission Township COT
 Police Shawnee County COT
 Streets – Local Shawnee County Public Works COT
 Parks Shawnee County Shawnee County
 Governing Body Shawnee County (#3) COT (#7)



Metro Bus Service
Fixed-route service is currently not offered to this and there are no plans to expand service to this area.

 Ability to Provide Adequate Public Services
 POLICE

 1) What is the estimated cost (operational and capital) to your Department/Division to provide
 adequate service to the proposed annexation?
 I don’t anticipate any additional cost from the proposed annexation.


 2) Can the estimated cost of service be carried out under your current or anticipated future
 budget? If not, what would it take to do so?
 I believe services can be provided under our current/future budget.



 3) Describe any other issues that would affect your ability to provide adequate service to the
 annexation area, or impact service levels to existing residents/businesses of the city.
 I don’t anticipate issues that would impact our ability to provide an adequate level of service to
 the area.



 Ability to Provide Adequate Public Services
 FORESTRY

 1) What is the estimated cost (operational and capital) to your Department/Division to provide
 adequate service to the proposed annexation?
 No major cost to department.


 2) Can the estimated cost of service be carried out under your current or anticipated future
 budget? If not, what would it take to do so?
 Yes

 3) Describe any other issues that would affect your ability to provide adequate service to the
 annexation area, or impact service levels to existing residents/businesses of the city.
 Single small annexations can be taken care of by forestry with no major impacts to operating
 budget. However, the cumulative effects of multiple annexations will ultimately not be
 sustainable.

 City of Topeka Planning Department
 11/7/2024
 Page 4
 Annexation Proposal
 Auburn/Washburn USD 437
 Fact Sheet & Department Comments


 Ability to Provide Adequate Public Services
 FIRE

1) What is the estimated cost (operational and capital) to your Department/Division to provide
 adequate service to the proposed annexation?
 No additional.

2) Can the estimated cost of service be carried out under your current or anticipated future
 budget? If not, what would it take to do so?
 Yes.

3) Describe any other issues that would affect your ability to provide adequate service to the
 annexation area, or impact service levels to existing residents/businesses of the city.
 Other than extended response times, similar to a few developments we currently provide
 services to in the area, there are no additional impacts anticipated.

 Ability to Provide Adequate Public Services
 STREETS

 1) What is the estimated cost/benefit of providing adequate service to the proposed
 annexation (in current year $’s):
 a. Estimate annualized operations/maintenance/reconstruction cost over the lifecycle
 of the assets? $1,541,226
 b. Estimate annualized operations/maintenance/reconstruction cost of the asset?
 $30,825

 2) Can the estimated cost of service be carried out under your current or anticipated future
 budget? If not, what would it take to do so?
 Not at current funding levels. Will need to explore in future increase funding for street
 maintenance and pavement management programs.

 3) Describe any other issues that would affect your ability to provide adequate service to the
 annexation area, or impact service levels to existing residents/businesses of the city.
 N/A

 Ability to Provide Adequate Public Services
 STORMWATER

 1) What is the estimated cost/benefit of providing adequate service to the proposed
 annexation (in 2024 $’s):
 a. Estimate annualized operations/maintenance cost over the lifecycle of the assets.
 No new public asset.
 b. Estimate annualized replacement cost of the asset This is based on 100-year
 replacement cycle.

 City of Topeka Planning Department
 11/7/2024
 Page 5
 Annexation Proposal
 Auburn/Washburn USD 437
 Fact Sheet & Department Comments
 No new public asset.
 c. Estimate annualized revenue over the lifecycle of the assets).
 $14,687.64

2) Can the estimated cost of service be carried out under your current or anticipated future
 budget? If not, what would it take to do so?
 Yes

3) Describe any other issues that would affect your ability to provide adequate service to the
 annexation area, or impact service levels to existing residents/businesses of the city.
 N/A

 Ability to Provide Adequate Public Services
 WASTEWATER

1) What is the estimated cost/benefit of providing adequate service to the proposed
 annexation (in 2024 $’s):
 a. Estimate annualized operations/maintenance cost over the lifecycle of the assets
 No new public asset.
 b. Estimate annualized replacement cost of the asset This is based on 100-year
 replacement cycle.
 No new public asset.
 c. Estimate annualized revenue over the lifecycle of the assets).
 Loss of $1,609 per year upon annexation.

2) Can the estimated cost of service be carried out under your current or anticipated future
 budget? If not, what would it take to do so?
 Yes

3) Describe any other issues that would affect your ability to provide adequate service to the
 annexation area, or impact service levels to existing residents/businesses of the city.
 N/A


 Ability to Provide Adequate Public Services
 WATER

1) What is the estimated cost/benefit of providing adequate service to the proposed
 annexation (in 2024 $’s):
 a. Estimate annualized operations/maintenance cost over the lifecycle of the assets
 N/A
 b. Estimate annualized replacement cost of the asset This is based on 100-year
 replacement cycle.
 N/A
 c. Estimate annualized revenue over the lifecycle of the assets).
 N/A

 City of Topeka Planning Department
 11/7/2024
 Page 6
 Annexation Proposal
 Auburn/Washburn USD 437
 Fact Sheet & Department Comments
 2) Can the estimated cost of service be carried out under your current or anticipated future
 budget? If not, what would it take to do so?
 N/A

 3) Describe any other issues that would affect your ability to provide adequate service to the
 annexation area, or impact service levels to existing residents/businesses of the city.
 N/A


 Ability to Provide Adequate Public Services
 Topeka Metro Bus Service

1) Do you currently provide service to this subdivision/immediate area?
 No, we do not provide service to the area.

2) If not, can you provide service?
 No.

3) What is the estimated cost of providing service to this subdivision?
 No cost estimate at this time. This location is approximately 2.5 to 4 miles away from any
 existing route.




 City of Topeka Planning Department
 11/7/2024
 Page 7
 TOPEKA PLANNING COMMISSION
 Monday, November 19, 2024

 CASE MINUTES

 Members present: Jennifer Hannon, Jim Kaup, Jeff Lolley, Joesph Mauk
 William Naeger, Katy Nelson, (6)

 Members Absent: Willie Brooks, Del-Metrius Herron, and Donna Rae Pearson (3)

 Staff Present: Rhiannon Friedman, Planning & Development Director; Dan Warner, Planning Director
 Michael Hall, Land Use Planning Manager; Ann-Marie Driver; Planner, Bryson Risley,
 Planner; Amanda Tituana-Feijoo, Administrative Officer; Mathew Mullen, Legal


A24/05, Annexation of SW Wanamaker Road. City of Topeka seeks to annex 20.9 acres owned by Washburn
Rural High School 3 and Common School District No. 2. The property owners have not consented to annexation,
but the land is eligible for annexation under K.S.A. 12-520(a)(3), which states: the land adjoins the city and is owned
by or held in trust for any governmental unit other than another city except that no city may annex land owned by a
county without the express permission of the board of county commissioners of the county. The properties are
located at the northeast corner of SW Wanamaker Road and SW 53rd Street.

Staff:
Bryson Risley presented the staff report and staff’s recommendations of approval.

Questions/Comments from Commissioners: None
Applicant/Owner Representative: None

Commissioner. Naeger opened the hearing for public comment. With no one coming forward, the public hearing
was closed.

Discussion by Commissioners: NA


Motion by Commissioner Kaup, second by Commissioner Nelson that the proposed annexation is consistent with
the comprehensive plan. Approved 6-0-0
A25-05 Auburn Washburn
 Annexation
A24/05 Auburn Washburn Annexation 2


• Properties contiguous to city limits (SW 53rd and
  SW Wanamaker)

• 20.9 acres

• Property connected to public sanitary sewer
 Subject
• Water provided by RWD #3 Subject
 Property
 Property

• Annexing per KSA 12-520(a)(3)
  A24/05 Auburn Washburn Annexation 3


Requirements for Annexation:
•  Resolution with Statement of Intent to Annex by
 the Governing Body
•  Public Notice Sent to impacted entities
•  Plan for extension of services
•  Public Hearing
•  City of Topeka Governing Body Passes
 Subject
 Ordinance Subject
 Property
 Property



Timeline:
December – Governing Body approves resolution
and sets public hearing date

February 18, 2025 – Public Hearing
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 February 18, 2025


DATE: February 18, 2025
CONTACT PERSON: Mark Schreiner, City DOCUMENT #:
 Engineer
SECOND PARTY/SUBJECT: SW Harrison Project PROJECT #: 841098.01
 841098.01
CATEGORY/SUBCATEGORY 020 Resolutions / 004 Public Improvements
CIP PROJECT: Yes
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

RESOLUTION introduced by the Public Infrastructure Committee comprised of Councilmembers Sylvia
Ortiz, David Banks and Neil Dobler recommending approval of Project No. 841098.01 for street
improvement for SW Harrison Street from 10th Avenue to 8th Avenue. (Public Infrastructure Committee
recommended approval on January 31, 2025.)
Voting Requirement: Action requires at least six (6) votes of the Governing Body.

(Approval would authorize a total project budget of $800,000 for street improvements on SW Harrison Street
from 10th Avenue to 8th Avenue.)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to adopt the Public Infrastructure Committee’s recommendation.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the resolution.
BACKGROUND:
The Governing Body adopted a Resolution approving the 2024-2033 Capital Improvement Program and the 2024-
2026 Capital Improvement Budget (Resolution No. 9425). The Resolution requires Governing Body approval for
projects that are ready for construction and whose total project budget exceeds $250,000. At its meeting on
January 31, 2025, the Public Infrastructure Committee recommended approval of project no.841098.01 for street
improvement for SW Harrison Street from 10th Avenue to 8th Avenue.
BUDGETARY IMPACT:
$800,000
SOURCE OF FUNDING:
Citywide Half-Cent Sales Tax

ATTACHMENTS:
Description
Resolution & Exhibit A
PI Committee Referral Report (January 31, 2025)
PI Committee Meeting Excerpt (January 31, 2025)
 1 RESOLUTION NO. ___________
 2
 3 A RESOLUTION introduced by Public Infrastructure Committee comprised of
 4 Councilmembers Sylvia Ortiz, David Banks and Neil Dobler
 5 recommending approval of Project No. 841098.01 for street
 6 improvement for SW Harrison Street from 10th Avenue to 8th Avenue.
 7
 8 WHEREAS, the Governing Body adopted a Resolution approving the 2025-2034

 9 Capital Improvement Program and the 2025-2027 Capital Improvement Budget (Resolution

10 9520); and

11 WHEREAS, the Resolution requires Governing Body approval for projects that are

12 ready for construction and whose total project budget exceeds $250,000; and

13 WHEREAS, on January 31, 2025, the Public Infrastructure Committee

14 recommended approval of the project(s).

15 NOW, THEREFORE, BE IT RESOLVED, BY THE GOVERNING BODY OF THE

16 CITY OF TOPEKA, KANSAS, that Project No. 841098.01 for street improvement for SW

17 Harrison Street from 10th Avenue to 8th Avenue, as further described in Exhibit A is hereby

18 approved.

19 ADOPTED and APPROVED by the Governing Body on _____________________.

20 CITY OF TOPEKA, KANSAS
21
22
23
24
25 Michael A. Padilla, Mayor
26 ATTEST:
27
28
29
30 ________________________________
31 Brenda Younger, City Clerk




 RES/2025 CIP Projects Exceeding $250,000
 841098.01 Street Improvement – SW Harrison
 1/29/2024
EXHIBIT A
 COMMITTEE REFERRAL SHEET
 COMMITTEE REPORT
 Name of Public Infrastructure
 Committee:

 Title: RESOLUTION – Project Budget Exceeding $250,000 – SW
 Harrison St: 10th Ave to 8th Ave Pavement Rehabilitation
 Project No. 841098.01




Date referred
from Council
 meeting:

Date referred January 31, 2025
 from
 Committee:

  Committee MOTION: Committee member Dobler made a motion to
 Action: approve the request. Committee Chair Ortiz seconded.
 Approved 2-0-0.

  Comments: Committee member Banks absent.


Amendments:


 Members of Councilmembers Sylvia Ortiz (Chair), David Banks, and
 Committee: Neil Dobler

Agenda Date February 18, 2025
 Requested:
 CITY OF TOPEKA
 CITY COUNCIL Tonya Bailey, Sr Executive Assistant
 City Hall, 215 SE 7th St., Room 255 Tara Jefferies, Sr Executive Assistant
 Topeka, KS 66603-3914 E-mail: councilassist@topeka.org
 (785) 368-3710 www.topeka.org



 EXCERPT
 CITY OF TOPEKA, Topeka, Kansas, Friday, January 31, 2025. The Public
Infrastructure Committee members met at 9:00 A.M. with the following Committee members
present: Sylvia Ortiz (Chair), and Neil Dobler. Absent David Banks

 The following is an excerpt of the draft minutes from the meeting:

APPROVAL of the Resolution to approve CIP Project Exceeding $250,000 and recommend
approval of Project No. 841098.01 for street improvement for SW Harrison Street from 10th
Avenue to 8th Avenue.



SW Harrison St: 10th Ave to 8th Ave Pavement Rehabilitation Project No. 841098.01

Public Works Director Steve Groen spoke to the project consisting of pavement rehabilitation
funded under the Pavement Management Program. Pavement reconstruction costs for the 900
block segment will be covered by the State of Kansas, and mill and overlay on the 800 block
segment will be covered by the City of Topeka. He added it is the hope that the project can be
completed when the Docking State Office Building reopens on June 1, 2025.

MOTION: Committee member Dobler made a motion to approve. Committee chair Ortiz
seconded. Motion approved 2-0-0.




 ***************************




Presented at the February 18, 2025 Governing Body Meeting Page 1
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 February 18, 2025


DATE: February 18, 2025
CONTACT PERSON: Mark Schreiner, City DOCUMENT #:
 Engineer
SECOND PARTY/SUBJECT: Southwest Quadrant; PROJECT #: 841104.01
 2025-2034 CIP and
 2025-2027 CIB
CATEGORY/SUBCATEGORY
CIP PROJECT: Yes
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

RESOLUTION introduced by the Public Infrastructure Committee comprised of Councilmembers Sylvia
Ortiz, David Banks and Neil Dobler recommending approval of the 2025 Micro Surfacing Project No.
841104.01, part of the Street Preventative Maintenance Program to be performed in the southwest
quadrant of the city. (Public Infrastructure recommended approval on January 31, 2025.)

Voting Requirement: Action requires at least six (6) votes of the Governing Body.

(Approval would authorize a total project budget of $1.2 Million for the 2025 Micro Surfacing Program in the
southwest quadrant of the city from SW 21st Street, south to the south city limits, and from SW Topeka
Boulevard west to the west city limits.)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to adopt the Public Infrastructure Committee’s recommendation.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the resolution.
BACKGROUND:
The Governing Body adopted a Resolution approving the 2024-2033 Capital Improvement Program and the 2024-
2026 Capital Improvement Budget (Resolution No. 9425). The Resolution requires Governing Body approval for
projects that are ready for construction and whose total project budget exceeds $250,000. At its meeting on
January 31, 2025, the Public Infrastructure Committee recommended approval of project no. 841104.01 for the
2025 Micro Surfacing part of the Contract Street Maintenance Program.
BUDGETARY IMPACT:
$1,209,923
SOURCE OF FUNDING:
Citywide Half-Cent Sales Tax

ATTACHMENTS:
Description
Resolution & Exhibit A
PI Committee Referral Report (January 31, 2025)
PI Committee Meeting Excerpt (January 31, 2025)
 1 RESOLUTION NO. ___________
 2
 3 A RESOLUTION introduced by Public Infrastructure Committee comprised of
 4 Councilmembers Sylvia Ortiz, David Banks and Neil Dobler
 5 recommending approval of Project No. 841104.01 for 2025 Micro
 6 Surfacing part of the Street Preventative Maintenance Program to be
 7 performed in the southwest quadrant of the City.
 8
 9 WHEREAS, the Governing Body adopted a Resolution approving the 2025-2034

10 Capital Improvement Program and the 2025-2027 Capital Improvement Budget (Resolution

11 9520); and

12 WHEREAS, the Resolution requires Governing Body approval for projects that are

13 ready for construction and whose total project budget exceeds $250,000; and

14 WHEREAS, on January 31, 2025, the Public Infrastructure Committee

15 recommended approval of the project(s).

16 NOW, THEREFORE, BE IT RESOLVED, BY THE GOVERNING BODY OF THE

17 CITY OF TOPEKA, KANSAS, that Project No. 841104.01 for 2025 Micro Surfacing part of

18 the Street Preventative Maintenance Program to be performed in the southwest quadrant

19 of the City, as further described in Exhibit A is hereby approved.

20 ADOPTED and APPROVED by the Governing Body on _____________________.

21 CITY OF TOPEKA, KANSAS
22
23
24
25
26 Michael A. Padilla, Mayor
27 ATTEST:
28
29
30
31 ________________________________
32 Brenda Younger, City Clerk



 RES/2025 CIP Projects Exceeding $250,000
 841104.01 for 2025 Micro Surfacing – SW Quadrant
 1/24/2025
EXHIBIT A
 COMMITTEE REFERRAL SHEET
 COMMITTEE REPORT
 Name of Public Infrastructure
 Committee:

 Title: RESOLUTION – Project Budget Exceeding $250,000 – 2025
 Micro Surfacing Project No. 841104.01



Date referred
from Council
 meeting:

Date referred January 31, 2025
 from
 Committee:

  Committee MOTION: Committee member Dobler made a motion to
 Action: approve the request. Committee Chair Ortiz seconded.
 Approved 2-0-0.

  Comments: Committee member Banks absent.


Amendments:


 Members of Councilmembers Sylvia Ortiz (Chair), David Banks, and
 Committee: Neil Dobler

Agenda Date February 18, 2025
 Requested:
 CITY OF TOPEKA
 CITY COUNCIL Tonya Bailey, Sr Executive Assistant
 City Hall, 215 SE 7th St., Room 255 Tara Jefferies, Sr Executive Assistant
 Topeka, KS 66603-3914 E-mail: councilassist@topeka.org
 (785) 368-3710 www.topeka.org



 EXCERPT
 CITY OF TOPEKA, Topeka, Kansas, Friday, January 31, 2025. The Public
Infrastructure Committee members met at 9:00 A.M. with the following Committee members
present: Sylvia Ortiz (Chair), and Neil Dobler. Absent David Banks.

 The following is an excerpt of the draft minutes from the meeting:

APPROVAL of the Resolution to approve CIP Project Exceeding $250,000 and recommend
approval of Project No. 841104.01 for 2025 Micro Surfacing part of the Street Preventative
Maintenance Program to be performed in the southwest quadrant of the City.



2025 Micro Surfacing Project No. 841104.01

Public Works Director Steve Groen stated the project is part of the 2025 Street Contract
Preventative Maintenance Program, which will be performed in the southwest quadrant of the
City from SW 21st Street south to the south city limits and from SW Topeka Boulevard west to
the west city limits. He added the project is funded by the Citywide Half-Cent Sales tax with the
final estimate being at $1,209,923.

MOTION: Committee member Dobler made a motion to approve. Committee chair Ortiz
seconded. Motion approved 2-0-0.




 ***************************




Presented at the February 18, 2025 Governing Body Meeting Page 1
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 February 18, 2025


DATE: February 18, 2025
CONTACT PERSON: Mark Schreiner, City DOCUMENT #:
 Engineer
SECOND PARTY/SUBJECT: 2025 Ultrathin Bonded PROJECT #: 841104.02
 Asphalt Surface
 (UBAS) Treatments
CATEGORY/SUBCATEGORY 020 Resolutions / 004 Public Improvements
CIP PROJECT: Yes
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

RESOLUTION introduced by the Public Infrastructure Committee comprised of Councilmembers Sylvia
Ortiz, David Banks and Neil Dobler recommending approval of Project No. 841104.02 for the 2025
Ultrathin Bonded Asphalt Surface (UBAS) treatments for segments of NE Quincy, SE Branner, NE
Seward, SE 6th, SE California and NE Strait. (Public Infrastructure Committee recommended approval
on January 31, 2025.)

Voting Requirement: Action requires at least six (6) votes of the Governing Body.

(Approval would authorize a total project budget of $947,573 for the 2025 Ultrathin Bonded Asphalt Surface
(UBAS) Treatment Project No. 841104.02.)


VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to adopt the Public Infrastructure Committee’s recommendation.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the resolution.
BACKGROUND:
The Governing Body adopted a Resolution approving the 2024-2033 Capital Improvement Program and the 2024-
2026 Capital Improvement Budget (Resolution No. 9425). The Resolution requires Governing Body approval for
projects that are ready for construction and whose total project budget exceeds $250,000. At its meeting on
January 31, 2025, the Public Infrastructure Committee recommended approval of project no. 841104.02 for the
2025 Ultrathin Bonded Asphalt Surface (UBAS) treatments of NE Quincy, SE Branner, NE Seward, SE 6th, SE
California, and NE Strait.
BUDGETARY IMPACT:
$947,573
SOURCE OF FUNDING:
Citywide Half-Cent Sales Tax

ATTACHMENTS:
Description
Resolution & Exhibit A
PI Committee Referral Report-January 31, 2025
PI Committee Excerpt-January 31, 2025
 1 RESOLUTION NO. ___________
 2
 3 A RESOLUTION introduced by Public Infrastructure Committee comprised of
 4 Councilmembers Sylvia Ortiz, David Banks and Neil Dobler
 5 recommending approval of Project No. 841104.02 for the 2025
 6 Ultrathin Bonded Asphalt Surface (UBAS) treatments for segments of
 7 NE Quincy, SE Branner, NE Seward, SE 6th, SE California and NE
 8 Strait.
 9
10 WHEREAS, the Governing Body adopted a Resolution approving the 2025-2034

11 Capital Improvement Program and the 2025-2027 Capital Improvement Budget (Resolution

12 9520); and

13 WHEREAS, the Resolution requires Governing Body approval for projects that are

14 ready for construction and whose total project budget exceeds $250,000; and

15 WHEREAS, on January 31, 2025, the Public Infrastructure Committee

16 recommended approval of the project(s).

17 NOW, THEREFORE, BE IT RESOLVED, BY THE GOVERNING BODY OF THE

18 CITY OF TOPEKA, KANSAS, that Project No. 841104.02 for the 2025 Ultrathin Bonded

19 Asphalt Surface (UBAS) treatments for segments of NE Quincy, SE Branner, NE Seward,

20 SE 6th, SE California and NE Strait, as further described in Exhibit A is hereby approved.

21 ADOPTED and APPROVED by the Governing Body on _____________________.

22 CITY OF TOPEKA, KANSAS
23
24
25
26
27 Michael A. Padilla, Mayor
28 ATTEST:
29
30
31
32 ________________________________
33 Brenda Younger, City Clerk


 RES/2025 CIP Projects Exceeding $250,000
 841104.02 – 2025 UBAS – East Topeka Segments
 1/24/2025
EXHIBIT A
 COMMITTEE REFERRAL SHEET
 COMMITTEE REPORT
 Name of Public Infrastructure
 Committee:

 Title: RESOLUTION – Project Budget Exceeding $250,000 – 2025
 UBAS Project No. 841104.02



Date referred
from Council
 meeting:

Date referred January 31, 2025
 from
 Committee:

  Committee MOTION: Committee member Dobler made a motion to
 Action: approve the request. Committee Chair Ortiz seconded.
 Approved 2-0-0.

  Comments:

Amendments:


 Members of Councilmembers Sylvia Ortiz (Chair), David Banks, and
 Committee: Neil Dobler

Agenda Date February 18, 2025
 Requested:
 CITY OF TOPEKA
 CITY COUNCIL Tonya Bailey, Sr Executive Assistant
 City Hall, 215 SE 7th St., Room 255 Tara Jefferies, Sr Executive Assistant
 Topeka, KS 66603-3914 E-mail: councilassist@topeka.org
 (785) 368-3710 www.topeka.org



 EXCERPT
 CITY OF TOPEKA, Topeka, Kansas, Friday, January 31, 2025. The Public
Infrastructure Committee members met at 9:00 A.M. with the following Committee members
present: Sylvia Ortiz (Chair), and Neil Dobler. Absent David Banks.

 The following is an excerpt of the draft minutes from the meeting:

APPROVAL of the Resolution to approve CIP Project Exceeding $250,000 and recommend
approval of Project No. 841104.02 for the 2025 Ultrathin Bonded Asphalt Surface (UBAS)
treatments for segments of NE Quincy, SE Branner, NE Seward, SE 6th, SE California and NE
Strait.


2025 UBAS Project No. 841104.02

Public Works Director Steve Groen provided information on the project consisting of Ultrathin
Bonded Asphalt Surface (UBAS) treatment to the following segments: NE Quincy from Laurent
to Morse, SE Branner from I-70 to 10th Ave, NE Seward from Forest to Rice, SE 6th Avenue
from Branner to Golden, SE California from I-70 to 10th Ave, and NE Strait from Seward to
Sardou. He stated the project funding source is the Citywide Half-Cent Sales Tax fund.

Assistant City Manager Braxton Copley confirmed that this project will not be at SE 6th Street
and SE Golden Avenue. Currently, the area is in the design phase for a separate project.

Committee chair Ortiz expressed her thoughts that the intersection at SE 6th Street and SE
Golden has been waiting for years for repair and continues to be a concern for constituents.

Committee member Dobler questioned the status of the balance for the Citywide Half-Cent Sales
tax. Assistant City Manager Braxton Copley stated he will get the balance from the Finance
Department. He added when he took the position of Public Works Director there was a surplus
of $17million sitting in the Citywide Half-Cent Sales Tax fund. He noted the Department
continue to strategize and has increased funding.

MOTION: Committee member Dobler made a motion to approve. Committee chair Ortiz
seconded. Motion approved 2-0-0.

Presented at the February 18, 2025 Governing Body Meeting Page 1
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 February 18, 2025


DATE: February 18, 2025
CONTACT PERSON: Mark Schreiner, City DOCUMENT #:
 Engineer
SECOND PARTY/SUBJECT: Southeast Quadrant; PROJECT #: 841104.03
 2025-2034 CIP and
 2025-2027 CIB
CATEGORY/SUBCATEGORY
CIP PROJECT: Yes
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

RESOLUTION introduced by the Public Infrastructure Committee comprised of Councilmembers Sylvia
Ortiz, David Banks and Neil Dobler recommending approval of Project No. 841104.03 for 2025 Crack
Sealing part of the Street Preventative Maintenance Program to be performed in the southeast quadrant
of the city. (Public Infrastructure Committee recommended approval on January 31, 2025.)

Voting Requirement: Action requires at least six (6) votes of the Governing Body.

(Approval would authorize a total project budget of $522,000 for 2025 Crack Sealing Project No. 841104.03 as
part of the 2025 Street Preventative Maintenance Program, in the southeast quadrant of the city from SW 21st
Street, south to the south city limits and from SW Topeka Boulevard, east to the east city limits.)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to adopt the Public Infrastructure Committee’s recommendation.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the resolution.
BACKGROUND:
The Governing Body adopted a Resolution approving the 2024-2033 Capital Improvement Program and the 2024-
2026 Capital Improvement Budget (Resolution No. 9425). The Resolution requires Governing Body approval for
projects that are ready for construction and whose total project budget exceeds $250,000. At its meeting on
January 31, 2025, the Public Infrastructure Committee recommended approval of project no. 841104.03 for the
2025 Crack Sealing part of the Street Preventative Maintenance Program.
BUDGETARY IMPACT:
$522,000
SOURCE OF FUNDING:
Citywide Half-Cent Sales Tax

ATTACHMENTS:
Description
Resolution & Exhibit A
PI Committee Referral Report-January 31, 2025
PI Committe Excerpt-January 31, 2025
 1 RESOLUTION NO. ___________
 2
 3 A RESOLUTION introduced by Public Infrastructure Committee comprised of
 4 Councilmembers Sylvia Ortiz, David Banks and Neil Dobler
 5 recommending approval of Project No. 841104.03 for 2025 Crack
 6 Sealing part of the Street Preventative Maintenance Program to be
 7 performed in the southeast quadrant of the City.
 8
 9 WHEREAS, the Governing Body adopted a Resolution approving the 2025-2034

10 Capital Improvement Program and the 2025-2027 Capital Improvement Budget (Resolution

11 9520); and

12 WHEREAS, the Resolution requires Governing Body approval for projects that are

13 ready for construction and whose total project budget exceeds $250,000; and

14 WHEREAS, on January 31, 2025, the Public Infrastructure Committee

15 recommended approval of the project(s).

16 NOW, THEREFORE, BE IT RESOLVED, BY THE GOVERNING BODY OF THE

17 CITY OF TOPEKA, KANSAS, that Project No. 841104.03 for 2025 Crack Sealing part of

18 the Street Preventative Maintenance Program to be performed in the southeast quadrant of

19 the City, as further described in Exhibit A is hereby approved.

20 ADOPTED and APPROVED by the Governing Body on _____________________.

21 CITY OF TOPEKA, KANSAS
22
23
24
25
26 Michael A. Padilla, Mayor
27 ATTEST:
28
29
30
31 ________________________________
32 Brenda Younger, City Clerk



 RES/2025 CIP Projects Exceeding $250,000
 841104.03 – 2025 Crack Sealing – SE Quadrant
 1/24/2025
EXHIBIT A
 COMMITTEE REFERRAL SHEET
 COMMITTEE REPORT
 Name of Public Infrastructure
 Committee:

 Title: RESOLUTION – Project Budget Exceeding $250,000 – 2025
 Crack Sealing Project No. 841104.03



Date referred
from Council
 meeting:

Date referred January 31, 2025
 from
 Committee:

  Committee MOTION: Committee member Dobler made a motion to
 Action: approve the request. Committee Chair Ortiz seconded.
 Approved 2-0-0.

  Comments: Committee member Banks absent.

Amendments:


 Members of Councilmembers Sylvia Ortiz (Chair), David Banks, and
 Committee: Neil Dobler

Agenda Date February 18, 2025
 Requested:
 CITY OF TOPEKA
 CITY COUNCIL Tonya Bailey, Sr Executive Assistant
 City Hall, 215 SE 7th St., Room 255 Tara Jefferies, Sr Executive Assistant
 Topeka, KS 66603-3914 E-mail: councilassist@topeka.org
 (785) 368-3710 www.topeka.org



 EXCERPT
 CITY OF TOPEKA, Topeka, Kansas, Friday, January 31, 2025. The Public
Infrastructure Committee members met at 9:00 A.M. with the following Committee members
present: Sylvia Ortiz (Chair), and Neil Dobler. Absent David Banks

 The following is an excerpt of the draft minutes from the meeting:

APPROVAL of the Resolution to approve CIP Project Exceeding $250,000 and recommend
approval of Project No. 841104.03 for 2025 Crack Sealing part of the Street Preventative
Maintenance Program to be performed in the southeast quadrant of the City.



2025 Crack Sealing Project No. 841104.03

Public Works Director Steve Groen stated that the project is part of the 2025 Street Contract
Preventative Maintenance Program and is funded through the Citywide Half-Cent Sales Tax with
a final cost estimated at $522,000. The project will be from SW 21st Street south to the south city
limits and from SW Topeka Boulevard east to the east city limits.

MOTION: Committee member Dobler made a motion to approve. Committee chair Ortiz
seconded. Motion approved 2-0-0.




 ***************************




Presented at the February 18, 2025 Governing Body Meeting Page 1
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 February 18, 2025


DATE: February 18, 2025
CONTACT PERSON: Amanda Stanley, City  DOCUMENT #:
 Attorney
SECOND PARTY/SUBJECT: Governing Body Rules PROJECT #:
 and Procedure 2.2
 Voting
CATEGORY/SUBCATEGORY 006 Communication / 003 Requests
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

APPROVAL of amendments to the Governing Body Rules and Procedure 2.2(d).

Voting Requirement: At least six (6) votes of the Governing Body is required.

(Approval would allow Governing Body members to vote by a virtual voting application.)

VOTING REQUIREMENTS:
At least six (6) votes of the Governing Body is required.
POLICY ISSUE:
Whether to amend the Governing Body Rules to allow Governing Body members to utilize virtual voting
applications.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed amendment.
BACKGROUND:
The current voting system is outdated and no longer available for updates. Governing Body members are allowed
to attend Governing Body meetings in-person or virtually; however, the current Governing Body Rules require
members to be "physically" present in the chambers to utilize a voting device. The proposed amendment will
remove this requirement and allow Governing Body members to vote by virtual application.
BUDGETARY IMPACT:
Not Applicable
SOURCE OF FUNDING:
Not Applicable

ATTACHMENTS:
Description
Proposed Governing Body Rules and Procedure (Redline Version)
Current Governing Body Rules & Procedures (December 2021)
CITY OF TOPEKA




 Governing Body
Rules and Procedures

 Effective: December 21, 2021February 18, 2025
 TABLE OF CONTENTS

1. AUTHORITY ............................................................................................................ 1
1.1 Charter............................................................................................................................................. 1


2. GENERAL RULES .................................................................................................. 1
2.1 Meetings to be Public .................................................................................................................... 1
2.2 Quorum; Voting .............................................................................................................................. 1
2.3 Electronic Participation ................................................................................................................. 1
2.4 Record of Proceedings .................................................................................................................. 2
2.5 Right of Floor .................................................................................................................................. 2
2.6 Duties of City Manager Relative to Governing Body .................................................................. 2
2.7 Duties of City Attorney Relative to Governing Body .................................................................. 3
2.8 Duties of City Clerk Relative to Governing Body ........................................................................ 3
2.9 Officers and Employees ................................................................................................................ 3
2.10 Rules of Order ................................................................................................................................ 4
2.11 Television Coverage ...................................................................................................................... 4
2.12 Seating During Meetings ............................................................................................................... 4


3. TYPES OF MEETINGS; LOCATION ....................................................................... 4
3.1 Regular Governing Body Meetings .............................................................................................. 4
3.2 Special Governing Body Meetings ............................................................................................... 4
3.3 Committee Meetings ...................................................................................................................... 5
3.4 Attendance of Media at Meetings ................................................................................................. 5


4. CHAIR AND DUTIES ............................................................................................... 5
4.1 Chair ................................................................................................................................................ 5
4.2 Call to Order.................................................................................................................................... 5
4.3 Preservation of Order .................................................................................................................... 5
4.4 Point of Order ................................................................................................................................. 6
4.5 Questions to be Stated .................................................................................................................. 6


5. GOVERNING BODY MEETING AGENDAS .............................................................. 6
5.1 Preparation and Circulation .......................................................................................................... 6
5.2 Addition and Removal of Items from the Agenda ...................................................................... 6
5.3 Agenda Contents ........................................................................................................................... 6
5.4 Planning Department Agenda Items ............................................................................................ 7
5.5 Presentations and Public Comment ............................................................................................ 7
5.6 Procedure for Addressing the Governing Body ......................................................................... 8
5.7 Rules of Decorum .......................................................................................................................... 8
5.8 Communication with the Governing Body .................................................................................. 9
5.9 Adjournment ................................................................................................................................... 9


6. RULES OF ORDER ................................................................................................. 9
6.1 Questions Related to Agenda Items ............................................................................................ 9
6.2 Governing Procedure .................................................................................................................... 9
6.3 Motions............................................................................................................................................ 9


7. ORDINANCES AND RESOLUTIONS ................................................................... 11
7.1 Preparation ................................................................................................................................... 11

Adopted December 21, 2021 February 18, 2025 i
7.2 Input from the Governing Body .................................................................................................. 12
7.3 Consideration ............................................................................................................................... 12
7.4 Numbering .................................................................................................................................... 12


8. COMMITTEES ....................................................................................................... 12
8.1 Purpose ......................................................................................................................................... 12
8.2 Standing Committees .................................................................................................................. 12
8.3 Special Committees ..................................................................................................................... 13
8.4 Duties and Powers of Committees ............................................................................................. 13
8.5 Procedure for Committee Items ................................................................................................. 14
8.6 Meeting Participation; Attendance ............................................................................................. 15
8.7 Meeting Times .............................................................................................................................. 15
8.8 Agenda Preparation ..................................................................................................................... 15
8.9 Minutes .......................................................................................................................................... 15
8.10 Public Comment ........................................................................................................................... 16
8.11 Expenses....................................................................................................................................... 16
8.12 Rules Applicable .......................................................................................................................... 16
8.13 Television Coverage .................................................................................................................... 16


9. SUSPENSION AND AMENDMENT OF RULES .................................................... 16
9.1 Suspension of These Rules ........................................................................................................ 16
9.2 Amendment of These Rules ........................................................................................................ 16




Adopted December 21, 2021 February 18, 2025 ii
1. AUTHORITY
 1.1 Charter: TMC A2-30 provides that the governing body may determine its
 own rules of procedure for meetings. The following set of rules shall be in
 effect upon their adoption by the governing body and until such time as they
 are amended or new rules adopted in the manner provided by these rules.

2. GENERAL RULES

 2.1 Meetings to be Public: All meetings of the governing body shall be open
 to the public, except for executive sessions as provided for by state statute.
 Persons attending meetings shall turn off or mute any device or instrument
 capable of emitting an audible sound or tone before entering the meeting
 room.

 2.2 Quorum; Voting:

 (a) Six (6) members of the governing body shall constitute a quorum and
 be necessary for the transaction of business.

 (b) All actions by the governing body shall be taken by an affirmative
 vote of six (6) or more members, unless a greater or lesser number
 of votes is required by state law, city ordinance or these rules.

 (c) All actions by the council with regard to ordinances enacted pursuant
 to the City’s home rule power (ordinary ordinances) that are subject
 to a mayoral veto shall be taken by an affirmative vote of five (5) or
 more council members.

 (d) When any vote is called, each member shall indicate his or her vote.

 (1) If all members of the governing body are physically present,
 they shall utilize a device that displays their vote or abstention.

 (2) If one or more member of the governing body are not
 physically present, but participating remotely, votes shall be
 taken by roll call, with the member who is called upon to vote
 first rotated for each vote taken.

 (e) No member shall vote in absentia or by proxy.

 (f) All votes shall be reported in the minutes.

 2.3 Electronic Participation: Governing body members shall be allowed to
 participate in an unlimited number of meetings electronically provided there
 is an arrangement for the voice of the remote participant to be heard by all

Adopted December 21, 2021February 18, 2025 1
 persons at the primary or central meeting location commencing January 1,
 2022.

 2.4 Record of Proceedings: An account of all proceedings of the governing
 body shall be kept by the city clerk and shall constitute the official record.


 2.5 Right of Floor: Any member desiring to speak shall be recognized by the
 meeting chair, and shall confine his or her remarks to the subject under
 consideration or the one to be considered.

 2.6 Duties of City Manager Relative to Governing Body:

 (a) The members of the governing body and the city manager shall
 observe scrupulously the relationship and the respective authorities
 and responsibilities of each as provided by the statutes, city
 ordinances, governing body rules or procedure and the ethics of
 good conduct. Generally speaking, the governing body shall act as a
 policy-making body only except as specifically provided otherwise by
 statute and the city manager shall act as the administrative head of
 the city. The governing body shall delegate to the city manager all
 administrative duties not specifically required by statute to be
 performed by the governing body. No member of the governing body
 shall interfere directly with the conduct of any municipal department.
 All instructions or direction to the city manager shall come from the
 governing body after approval of a majority (six) of the members. The
 city manager shall disregard any other instructions or directions and
 shall refer them to the governing body as a whole. Requests for
 routine information may be made to the city manager, department
 heads or their designees by individual councilmembers or the mayor,
 but all requests for lengthy or detailed reports shall be made only to
 the city manager. Except for the assistant to the Council, no
 instructions or directions shall be given by any member of the
 governing body to department heads or to other city employees who
 shall refer such instructions immediately to the city manager, who, in
 turn, shall bring such improper actions to the attention of the
 governing body for such action as may be appropriate in each
 individual case. Notwithstanding this subsection (a), when the city
 manager delegates a specific task to a particular staff member(s),
 including staffing a committee, direct communication may occur
 between council members and that staff member(s).

 (b) The city manager shall act as the administrative head of the city and
 in such capacity shall direct the affairs of the city within the limits of
 the budget, the policies established by the governing body and the
 requirements of the statutes. The city manager or a designee shall
 attend all meetings of the governing body unless excused by a
Adopted December 21, 2021February 18, 2025 2
 majority of the governing body. The city manager shall prepare and
 submit the annual budget to the governing body, shall keep the
 governing body advised as to the financial condition and
 requirements of the city and shall make recommendations on all
 matters concerning the welfare of the city. The city manager shall
 have no vote in the public meetings of the governing body and shall
 refrain from attempting to establish policy except to make
 recommendations to the governing body. The city manager shall
 observe the highest standard of ethics of the city manager
 profession. The city manager shall consult with the governing body
 on matters pertaining to the affairs of the city.

 2.7 Duties of City Attorney Relative to Governing Body:

 (a) The city attorney or a designee shall attend all meetings of the
 governing body. He or she shall draft or cause to be drafted all
 ordinances, resolutions, contracts, releases, agreements and other
 instruments pertaining to legal actions of the city which shall have
 been approved as to form and legality by the city attorney or a
 designee before presentation to the governing body. When
 requested by any member of the governing body, the city attorney
 shall furnish an opinion, either written or oral as may be appropriate
 in each case, concerning parliamentary rulings, interpretations of
 governing body rules of procedure and opinions as to legality of
 matters under consideration. The city attorney is the chief legal
 advisor to the city through its governing body, as a whole, as well as
 the city manager; but not individual residents or individual governing
 body members.

 (b) The city attorney shall be the parliamentarian for the governing body
 and shall provide advice and counsel to the meeting chair on all
 interpretations of the rules and procedures for the conduct of
 meetings. However, the meeting chair shall rule on all such matters,
 as provided by Rule 4.4.

 2.8 Duties of City Clerk Relative to Governing Body: The City Clerk or a
 designated representative shall attend all meetings of the governing body;
 keep the official record (minutes); tally the votes taken; announce the votes
 both for and against; and perform such other duties as may be requested.

 2.9 Officers and Employees:

 (a) Notwithstanding TMC A2-54, which gives the city manager the power
 to appoint, discipline and remove any employee in accordance with
 City personnel policies, the mayor and council members may provide
 input to the city manager regarding the employment and evaluation

Adopted December 21, 2021February 18, 2025 3
 of the assistant to the mayor and assistant to the council,
 respectively.

 (b) When there is pertinent business from their departments on the
 agenda, department heads or their designees shall attend such
 meetings upon request of the city manager.

 2.10 Rules of Order: "Roberts Rules of Order Revised" shall supplement these
 governing body rules and procedures, unless they are in conflict with these
 rules.

 2.11 Television Coverage: Except as otherwise provided herein, the public
 portions of governing body meetings shall be televised live, subject to
 budget constraints, technical difficulties, or emergency situations.

 2.12 Seating During Meetings: The council shall be seated in council district
 order for meetings pursuant to TMC 2.15.020.

3. TYPES OF MEETINGS; LOCATION

 3.1 Regular Governing Body Meetings: The governing body shall meet in
 the governing body chambers for regular meetings and call such meetings
 in accordance with applicable provisions of the City Charter, Chapter 2.15
 TMC and these Governing Body Rules.

 3.2 Special Governing Body Meetings:

 (a) Special meetings may be called by the city manager, the mayor or
 by four (4) or more members of the council.

 (b) The call for a special meeting shall be submitted to the city clerk,
 except an announcement of a special meeting during any meeting at
 which a quorum of members are present shall be sufficient notice of
 such special meeting.

 (c) The notice calling for a special meeting shall specify the day, the
 hour, the location and an agenda that lists the subject or subjects
 that will be considered during the special meeting. Only such
 business may be transacted at a special meeting as may be listed in
 the agenda that is part of the notice.

 (d) Except for emergencies, the city clerk shall provide documented
 notice of a special meeting to the city manager, as well as the entire
 governing body, and shall post the notice on the City’s web site at
 least 24 hours prior to the meeting date and time.


Adopted December 21, 2021February 18, 2025 4
 (e) The governing body may work in conjunction with staff to develop
 procedures to address particular issues during special meetings (i.e.,
 budget meetings and how budget amendments will be handled,
 special public hearings).

 3.3 Committee Meetings: Committee meetings may be held pursuant to
 provisions contained in Rule 8.

 3.4 Attendance of Media at Meetings: All meetings of the governing body
 and its committees shall be open to the media, freely subject to recording
 by radio, television, and photographic services at any time, provided that
 such arrangements do not interfere with the orderly conduct of the
 meetings.

4. CHAIR AND DUTIES

 4.1 Chair:

 (a) Mayor. The mayor, if present, shall preside as chair at all meetings
 of the governing body.

 (b) Deputy Mayor. In the absence of the mayor, the deputy mayor shall
 preside. Anytime there is a need for an election of a deputy mayor,
 council members who have served the longest period of time and
 have not previously served as deputy mayor will automatically be
 nominated.

 (c) City Clerk. In the absence of both the mayor and deputy mayor, the
 city clerk shall preside until a chair is elected from among the council
 members present.

 4.2 Call to Order: The meetings of the governing body shall be called to order
 by the mayor or, in the mayor’s absence, by the deputy mayor. In the
 absence of both the mayor and the deputy mayor, the meeting shall be
 called to order by the city clerk for the election of a temporary chair.

 4.3 Preservation of Order: The chair shall preserve order and decorum,
 prevent attacks on personalities or the impugning of member’s motives, and
 confine members in debate to the question under discussion. All rules of
 decorum and conduct established by these Rules and Procedures, as set
 forth in Section 5.7, shall apply. Any governing body member who violates
 the rules of decorum will be warned by the chair and if the behavior
 continues, the governing body member will be asked to leave the governing
 body chambers upon a two-thirds (2/3rds) vote of the governing body
 (seven (7) or more). If necessary, the governing body member will be


Adopted December 21, 2021February 18, 2025 5
 escorted from the chambers if such member persists in interfering with the
 ability of the governing body to reasonably carry out its functions.

 4.4 Point of Order: The chair shall determine all points of order, subject to the
 right of any member to appeal to the council. If any appeal is taken, the
 question shall be, "Shall the decision of the chair be sustained?"

 4.5 Questions to be Stated: The chair shall state all questions submitted for
 a vote and announce the result.

5. GOVERNING BODY MEETING AGENDAS
 5.1 Preparation and Circulation:

 (a) The city manager shall create an agenda for regular governing body
 meetings. Each Thursday, the city clerk shall post the agendas for the next
 two consecutive meetings to the City’s website, along with the final version
 of any supporting documents related to items included as part of the final
 agenda and all available supporting documents related to items included as
 part of the preliminary agenda; provided, however, that no technical
 difficulties would prevent this from occurring.

 (b) The agenda of any special governing body meeting shall be set by the city
 manager and included as part of the notice calling for such meeting, as
 prepared by the city clerk in accordance with Rule 3.2.

 5.2 Addition and Removal of Items from the Agenda:

 (a) Notwithstanding section 5.1, the city manager or governing body member(s)
 may add an item(s) to a regular governing body meeting agenda. The item
 shall be introduced by the city clerk at the beginning of the meeting after
 which the city manager or governing body member(s) shall provide an
 explanation for the necessity of adding the item. The item shall only be
 added if its addition is approved by a vote of six (6) or more members of the
 governing body. [See TMC 2.15.040]

 (b) The city manager may remove any item from a regular governing body
 meeting agenda if the item is not ready for consideration unless the
 governing body has taken action to defer the item to a date certain or the
 item has been considered by a committee pursuant to Council Rule 8.5(b).

 5.3 Agenda Contents: Each agenda for a regular governing body meeting
 shall include the following:

 • Call to order.
 • Invocation.

Adopted December 21, 2021February 18, 2025 6
 • Pledge of Allegiance.
 • Roll Call.
 • Mayoral Proclamations.
 • Appointments. Appointments made by the Mayor to boards and
 commissions will be confirmed collectively by the Council. Any
 appointment may be considered separately by request of a council
 member, in which event the item will be moved to Action items.
 • Presentations. Presentations include staff reports.
 • Consent agenda. The consent agenda is comprised of routine matters
 to be approved collectively (e.g. meeting minutes, license applications,
 claims). Any item may be considered separately by request of a
 governing body member or the city manager, in which event the item will
 be moved to Action items.
 • Action Items. Action items include matters where the council members
 or governing body, as appropriate, takes action. (e.g. ordinances,
 resolutions, directives).
 • Non-action Items. Non-action items include discussions, public
 hearings, and any other agenda items that do not require action. Non-
 action items may not be voted on unless the governing body votes to
 first suspend the rule pursuant to Rule 6.3(h).
 • Public Comment.
 • Announcements. The city manager, mayor, and council members may
 offer comments regarding City business and/or bring to the attention of
 the public upcoming events of interest. The Clerk shall briefly summarize
 items that are on the agenda for the next scheduled governing body
 meeting.
 • Executive Session(s) (called when needed).
 • Adjournment.

 5.4 Planning Department Agenda Items: Public hearings on zoning matters
 shall be conducted by the Planning Commission in accordance with state
 law. No additional public hearings shall be held by the governing body.

 5.5 Presentations and Public Comment:

 (a) Presentations: The City Manager may invite individual(s) to make a
 presentation to the governing body under the “Presentation” section
 of the agenda and discuss an appropriate time frame for such
 presentation; taking into consideration the subject matter involved.

 (b) Sign-Up; Time Limitation for Public Comment:

 (1) Members of the public desiring to comment during a regular
 governing body meeting must notify the City Clerk by 5:00
 p.m. on the day of such meeting, or sign up at such meeting
 before 6:00 p.m.

Adopted December 21, 2021February 18, 2025 7
 (2) Members of the public desiring to comment on a special
 governing body meeting agenda item must notify the City
 Clerk at least one hour prior to the time such meeting is
 scheduled to begin, as set out in the corresponding meeting
 notice, or sign up at such meeting prior to it start-time.

 (3) The requirement to notify the City Clerk will not apply to public
 hearings required by any state or federal law.

 (4) Members of the public will be limited to four (4) minutes of
 comment during any regular or special governing body
 meeting, unless the governing body, by a two-thirds (2/3rds)
 vote of the members (seven (7) or more), extends the
 limitation; provided, however, that question/answer dialogue
 or discussion with governing body members will not be
 counted towards the four (4) minute time limitation.

 (c) Public comment on a specific agenda item: Comments from
 members of the public concerning a specific agenda item will be
 heard at the time the item is considered. Persons will be limited to
 addressing the governing body one (1) time on a particular matter
 unless otherwise allowed by a vote of six (6) or more members of the
 governing body.

 (d) General public comment: Requests by members of the public to
 speak during the public comment portion of a regular governing body
 meeting will be placed on the agenda on a "first-come, first-served"
 basis. The request should state the name of the individual(s) desiring
 to be heard. Each such individual shall be limited to addressing the
 governing body one (1) time and his or her comments shall be limited
 to topics directly relevant to business of the governing body; provided
 however, that comments pertaining to personnel and litigation
 matters shall not be allowed.

 5.6 Procedure for Addressing the Governing Body: Each person shall step
 up to the microphone and shall state his or her name and city of residence
 in an audible tone or voice for the record. All remarks shall be addressed
 to the governing body as a whole and not to any individual member thereof.
 No person, other than members of the governing body and the person who
 has the floor, shall be permitted to enter into any discussion, either directly
 or through the members. Any questions asked by the person who has the
 floor or by governing body members shall be allowed at the sole discretion
 of the meeting chair.

 5.7 Rules of Decorum: The following behavior will not be tolerated from
 members of the public, governing body or staff: uttering fighting words,

Adopted December 21, 2021February 18, 2025 8
 slander, speeches invasive of the privacy of individuals, unreasonably loud
 speech, repetitious speeches or debate, or speeches so disruptive of
 proceedings that the legislative process is substantially interrupted. Any
 individual engaging in this type of behavior will be warned once by the chair
 and, if the behavior continues, the speaker will be ordered to cease his/her
 behavior. If necessary, the speaker will be escorted to a seat in the
 governing body chambers, or escorted from the chambers if such person
 persists in interfering with the ability of the governing body to reasonably
 carry out its functions. Members of the public, governing body and staff are
 expected to treat one another with respect.

 5.8 Communication with the Governing Body: Nothing in these Rules and
 Procedures shall be construed to limit a person’s ability to contact members
 of the governing body outside of a regular, special or committee meeting.

 5.9 Adjournment: Adjournment from a regular governing body meeting shall
 occur no later than the hour of 10:00 p.m. or as shall be announced by the
 chair at the conclusion of business. Meetings may be continued beyond the
 hour of 10:00 p.m. only when approved by a majority of members present.

6. RULES OF ORDER

 6.1 Questions Related to Agenda Items: The governing body shall direct
 questions related to any agenda item to the Mayor or the City Manager, who
 shall either answer the question or call upon the appropriate staff member
 to answer the question.

 6.2 Governing Procedure: The Governing Body Rules and Procedures shall
 govern the proceedings. "Roberts Rules of Order Revised" shall
 supplement the Governing Body Rules and Procedures, unless they are in
 conflict with these rules.

 6.3 Motions: Except as otherwise provided by ordinance, statute or these
 rules, all motions shall require a second before such motion may be
 considered. The following motions may be used:

 (a) Substantive Motion. Only one main substantive motion may be
 pending on the floor at any one time. It must be withdrawn or
 advance to a vote before another substantive motion is introduced.


 (b) To Amend a Motion Prior to Adoption. The purpose is to retain the
 original motion but with a few changes accomplished by deleting or
 adding verbiage. Treatment of amendments will depend upon
 timing. More specifically:


Adopted December 21, 2021February 18, 2025 9
 (1) After the original motion has been made and seconded - but
 before the Chair or the City Clerk states such motion: any
 suggested modifications will require the consent of the two
 individuals who made and seconded the original motion (a
 “friendly amendment”).

 (2) After the Chair states the motion: members of the governing
 body may propose amendments without such consent.

 (c) To Reconsider. A motion to reconsider can be made without notice
 to bring back for further consideration a motion that has already been
 voted on for the purpose of permitting correction of a hasty, ill-
 advised or erroneous action; provided, however, that such motion
 must be made (i) by a person who voted on the prevailing side of the
 motion to be reconsidered and (ii) during the same meeting as the
 initial action was taken on the motion to be reconsidered.

 (d) To Defer. Consideration of any ordinance, resolution or other matter
 on a meeting agenda may be deferred for up to six (6) months. The
 deferral date may be amended by the approval of a motion
 establishing a new date for consideration of the item. The new date
 for consideration shall be no sooner than the next governing body
 meeting following approval of the motion.

 (e) To Refer. Such action shall be appropriate in connection with
 investigation and report (e.g. refer a matter to a committee).

 (f) To Amend Something Previously Adopted or Rescind Action
 Previously Taken. The purpose is to enable the governing body to
 bring back for further consideration a motion that has already been
 voted on for the purpose of taking into account added information, or
 a changed situation, that developed since the vote was taken. It can
 be applied to something (e.g. bylaw, rule, policy, decision or choice)
 that has continuing force and effect and was made or created at any
 time(s) as the result of the adoption of one or more main motions.

 (1) Voting Requirements. If the governing body member who
 wishes to make the motion provides prior notice of his or her
 intentions at the meeting prior to the one at which he or she
 will be making such motion, a majority vote is required. If no
 prior notice is given, a two-thirds (2/3rds) vote of the governing
 body (seven (7)) or more) will be required.

 (2) Wait Period. An item previously acted upon may not be
 amended or rescinded until four (4) months has elapsed since
 the previous action. This limitation shall apply to any matter

Adopted December 21, 2021February 18, 2025 10
 upon which a vote was taken (including the consideration of
 ordinances or resolutions that repeal, in their entirety,
 previously adopted ordinances or resolutions). This four (4)
 month limitation shall not apply when the amendment pertains
 to correcting a typographical or legal error in the original item,
 or if the new item amends or differs in a substantive manner
 from the previously adopted or considered item.

 (3) Restrictions. This motion is not in order when something has
 been done as a result of the vote on the main motion that is
 impossible to undo (e.g., when a resignation has been acted
 upon, the person was present or has been officially notified of
 the action.

 (g) To Call the Previous Question. This motion is not debatable and
 requires a vote. If passed by a two-thirds (2/3rds) vote of the
 governing body (seven (7) or more), there shall be an immediate vote
 on the substantive motion; provided however, that the call of the
 previous question shall not be implemented until all members of the
 governing body have had an opportunity to speak to the current
 motion. After the formal vote has been taken, all further discussion
 of the matter shall cease unless appropriate affirmative action follows
 to place the matter again for reconsideration.

 (h) To Suspend a Rule. In order to temporarily suspend any particular
 rule for a particular purpose not contrary to statute or city ordinance,
 a motion "to suspend" a rule shall be in order. Suspension of a rule
 shall be approved by a two-thirds (2/3rds) vote of the governing body
 (seven (7) or more), shall take effect for the particular rule in question
 and shall not be considered as a permanent suspension of a rule.

 (i) To Adjourn a Meeting. When it appears that there is not further
 business, the chair may adjourn the meeting. Alternatively, a motion
 "to adjourn" shall be in order providing such motion is made at the
 ordinary or usual conclusion of business on the agenda and
 providing that motions to adjourn shall not be used to embarrass, to
 harass, to foreclose discussion and debate, or for any other purpose
 other than the orderly termination of proceedings at such times as
 may be appropriate in each particular meeting.

7. ORDINANCES AND RESOLUTIONS

 7.1 Preparation:

 (a) Ordinances and resolutions shall be prepared by the city attorney or
 designee upon request by the city manager. In keeping with TMC

Adopted December 21, 2021February 18, 2025 11
 A2-28(c), which prohibits governing body members from giving
 orders to staff, any requests by members of the governing body for
 preparation of ordinances or resolutions shall be directed to the city
 manager.

 (b) All ordinances and resolutions shall address fiscal impacts, if any,
 and identify funding sources.

 7.2 Input from the Governing Body: Each member of the governing body is
 entitled to ask questions or offer comments or proposed revisions related to
 any item included as part of a governing body meeting agenda. If
 reasonably possible, governing body members are encouraged to submit
 their questions, comments and proposed revisions to the city manager by
 8:00 a.m. on the Monday immediately preceding the regular governing body
 meeting at which the item will be discussed or initially considered to assist
 with moving the item forward in a more timely fashion, (avoiding
 unnecessary delay and/or deferrals).

 7.3 Consideration:

 (a) Notice. No action shall be taken on any ordinance or resolution
 unless the item has been provided to the governing body at least five
 days prior to a meeting. This restriction shall not apply to ordinances
 or resolutions that (1) have no administrative impact; and (2) no fiscal
 impact greater than $5,000.00.

 (b) Manner of Voting. When any vote is called, each member shall
 indicate the member’s vote in the manner specifically set forth in Rule
 2.2.

 7.4 Numbering: Upon passage, a number shall be assigned to each ordinance
 or resolution by the city clerk.

8. COMMITTEES

 8.1 Purpose: The orderly and timely transactions of the city government shall
 be better served by having in place a committee framework whereby
 resolution of certain issues may be developed prior to consideration by the
 governing body. The committee framework shall include the use of standing
 committees and special committees.

 8.2 Standing Committees:

 (a) The governing body shall have the following five (5) standing
 committees, each comprised of three (3) members of the council:


Adopted December 21, 2021February 18, 2025 12
 • Policy and Finance.
 • Public Health and Safety.
 • Public Infrastructure.
 • Social Service Grants.
 • Transient Guest Tax.

 (b) Appointment. The deputy mayor shall appoint the members to each
 standing committee referenced in subsection (a) above and shall
 make a reasonable effort to stagger terms for the purpose of
 establishing familiarity and continuity from year to year.
 Appointments shall be made by the first meeting in February. Each
 councilmember shall fill out a committee preference list for a standing
 committee and the deputy mayor shall make every effort to appoint
 councilmembers to the committee of their choice.

 (c) Term. Councilmembers who are appointed to any standing
 committee referenced in subsection (a) above shall serve on their
 assigned committees for a one (1) year term. Councilmembers who
 wish to change committee assignments may do so with permission
 from the deputy mayor. Each standing committee shall elect the
 chair from among its members.

 8.3 Special Committees:

 (a) Special committees may be established when there is an issue that
 needs special focus and would be better handled outside standing
 committees. Special committees may be created by a vote of six (6)
 or more members of the governing body. Any proposition addressed
 to the establishment of a special committee must state tasks and the
 time period in which the committee should complete its assignment.

 (b) The deputy mayor shall appoint the members of any special
 committee. The chair shall be designated by committee members.

 8.4 Duties and Powers of Committees:

 (a) It shall be the duty of the committees to act promptly and faithfully in
 all matters referred to them. This does not preclude standing
 committees from considering other matters within the scope of their
 duties.

 (b) All committees shall have the power to hold hearings and request
 production of records relating to any subject within its jurisdiction.
 Standing committees may appoint subcommittees from their
 committee membership.


Adopted December 21, 2021February 18, 2025 13
 8.5 Procedure for Committee Items:

 (a) Reference to Committee; Initiation by Committee.

 (1) Any item may be referred to a committee by a vote of six (6)
 or more members of the governing body. The governing
 body may set a fixed date for the committee to report back to
 the governing body.

 (2) The examination of any subject can be initiated by a
 committee chair or by majority vote of the committee.

 (b) Committee Action. A committee may take any of the following
 actions:

 (1) Recommend approval of the item.

 (2) Recommend approval, with amendments.

 (3) Recommend that the item not be approved.

 (4) Make no recommendation (no second means no
 recommendation).

 (c) Committee Action Deadlines.

 (1) Each item referred to a standing committee shall be acted
 upon on or before any deadline set by the governing body or
 ninety (90) calendar days of the date upon which it was
 referred, whichever occurs first. Although the standing
 committee shall make every reasonable effort to act upon the
 item prior to expiration of the established deadline or ninety
 (90) calendar days, if this is not possible then the item shall
 be placed on an agenda for purposes of allowing the
 committee chair to provide an update regarding the
 committee’s progress.

 (2) Each item referred to a special committee shall be acted upon
 within the time period assigned, in accordance with Rule
 8.3(a) above.

 (d) Placement on Governing Body Meeting Agenda.

 (1) An item referred to and considered by a committee pursuant
 to section 8.5(a)(1) shall be placed on a regular governing
 body meeting agenda as a discussion or action item and the

Adopted December 21, 2021February 18, 2025 14
 chairperson or designee shall report to the governing body.

 (2) An item initiated and considered by a committee pursuant to
 section 8.5(a)(2) may be placed on a regular governing body
 meeting agenda as a discussion or action item and the
 chairperson or designee may report to the governing body.

 8.6 Meeting Participation; Attendance: Committee members may choose to
 attend committee meetings in person or by electronic communication;
 provided, however, that the latter option must be approved by the
 chairperson and there must be an arrangement for the voice of the remote
 participant to be heard by all persons at the primary or central meeting
 location. If a committee member cannot be present at a meeting, an
 alternate council member may be appointed to serve at that meeting, with
 full voting rights. The alternate shall be appointed by one of the following
 individuals, listed in order of priority:

 (a) The absent committee member.

 (b) The committee chair.

 (c) The deputy mayor.

 8.7 Meeting Times: Each committee shall meet as needed. Meetings may be
 called by the committee chair or by action of the committee. The city
 manager shall be notified of committee meetings at least twenty-four (24)
 hours in advance of any meeting. Any request for resource staff will be
 included in the notification. Council staff shall notify the city clerk of the
 time, place, and agenda at least twenty-four (24) hours in advance of the
 meeting. The city clerk shall post the notification to the city web site upon
 notification by council staff.

 8.8 Agenda Preparation: The chair shall be responsible for establishing the
 agenda for each committee meeting. Members desiring an item to be
 placed on the agenda should contact the chair directly or through the council
 staff.

 8.9 Minutes: Minutes shall be kept of each meeting. Minutes are defined as
 an overview of the proceedings, to include those in attendance, a brief
 summary of the issues discussed and a record of the action(s) taken
 (including the result of any vote(s) taken). Minutes shall be reviewed and
 approved by the committee at a subsequent meeting. However, in the event
 that the committee will not meet within the next thirty (30) days, the
 chairperson may approve the minutes if there are no objections or changes
 from other committee members. In the event of objections or changes, the
 committee shall meet to discuss and take action.

Adopted December 21, 2021February 18, 2025 15
 8.10 Public Comment: Public comment may be allowed on any matter on a
 committee agenda, at the discretion of the chairperson. All rules of decorum
 and conduct for comment established by these Rules and Procedures shall
 be applicable to public speakers.

 8.11 Expenses: No committee shall incur any expense without having been
 authorized by a vote of six (6) or more members of the governing body.

 8.12 Rules Applicable: These Rules and Procedures shall apply to committees
 unless inconsistent with this section.

 8.13 Television Coverage: Except as otherwise provided, the public portions
 of any committee meeting shall be televised, subject to budget constraints,
 technical difficulties or emergencies.


9. SUSPENSION AND AMENDMENT OF RULES

 9.1 Suspension of These Rules: Any provision of these rules not governed
 by the city charter or city code may be temporarily suspended by a two-
 thirds (2/3rds) vote of the governing body, (seven (7) or more). The vote on
 any such suspension shall be included in the record.

 9.2 Amendment of These Rules: These rules may be amended on a periodic
 basis. Review may be initiated by staff or governing body members. If
 revisions or new rules are proposed, standard rules for agenda posting,
 consideration and referral to committee shall apply. A vote of six (6) or more
 members of the governing body shall be required to adopt any such
 amendments.




Adopted December 21, 2021February 18, 2025 16
CITY OF TOPEKA




 Governing Body
Rules and Procedures

 Effective: December 21, 2021
 TABLE OF CONTENTS

1. AUTHORITY ............................................................................................................ 1
1.1 Charter............................................................................................................................................. 1


2. GENERAL RULES .................................................................................................. 1
2.1 Meetings to be Public .................................................................................................................... 1
2.2 Quorum; Voting .............................................................................................................................. 1
2.3 Electronic Participation ................................................................................................................. 1
2.4 Record of Proceedings .................................................................................................................. 2
2.5 Right of Floor .................................................................................................................................. 2
2.6 Duties of City Manager Relative to Governing Body .................................................................. 2
2.7 Duties of City Attorney Relative to Governing Body .................................................................. 3
2.8 Duties of City Clerk Relative to Governing Body ....................................................................... 3
2.9 Officers and Employees ................................................................................................................ 3
2.10 Rules of Order ................................................................................................................................ 4
2.11 Television Coverage ...................................................................................................................... 4
2.12 Seating During Meetings ............................................................................................................... 4


3. TYPES OF MEETINGS; LOCATION ....................................................................... 4
3.1 Regular Governing Body Meetings .............................................................................................. 4
3.2 Special Governing Body Meetings ............................................................................................... 4
3.3 Committee Meetings ...................................................................................................................... 5
3.4 Attendance of Media at Meetings ................................................................................................. 5


4. CHAIR AND DUTIES ............................................................................................... 5
4.1 Chair ................................................................................................................................................ 5
4.2 Call to Order ................................................................................................................................... 5
4.3 Preservation of Order .................................................................................................................... 5
4.4 Point of Order ................................................................................................................................. 6
4.5 Questions to be Stated .................................................................................................................. 6


5. GOVERNING BODY MEETING AGENDAS ............................................................ 6
5.1 Preparation and Circulation .......................................................................................................... 6
5.2 Addition and Removal of Items from the Agenda ...................................................................... 6
5.3 Agenda Contents ........................................................................................................................... 6
5.4 Planning Department Agenda Items ............................................................................................ 7
5.5 Presentations and Public Comment ............................................................................................ 7
5.6 Procedure for Addressing the Governing Body ......................................................................... 8
5.7 Rules of Decorum .......................................................................................................................... 8
5.8 Communication with the Governing Body .................................................................................. 9
5.9 Adjournment ................................................................................................................................... 9


6. RULES OF ORDER ................................................................................................. 9
6.1 Questions Related to Agenda Items ............................................................................................ 9
6.2 Governing Procedure .................................................................................................................... 9
6.3 Motions............................................................................................................................................ 9


7. ORDINANCES AND RESOLUTIONS ................................................................... 11
7.1 Preparation ................................................................................................................................... 11



Adopted December 21, 2021 i
7.2 Input from the Governing Body .................................................................................................. 12
7.3 Consideration ............................................................................................................................... 12
7.4 Numbering .................................................................................................................................... 12


8. COMMITTEES ....................................................................................................... 12
8.1 Purpose ......................................................................................................................................... 12
8.2 Standing Committees .................................................................................................................. 12
8.3 Special Committees ..................................................................................................................... 13
8.4 Duties and Powers of Committees ............................................................................................. 13
8.5 Procedure for Committee Items ................................................................................................. 14
8.6 Meeting Participation; Attendance ............................................................................................. 15
8.7 Meeting Times .............................................................................................................................. 15
8.8 Agenda Preparation ..................................................................................................................... 15
8.9 Minutes .......................................................................................................................................... 15
8.10 Public Comment ........................................................................................................................... 16
8.11 Expenses ...................................................................................................................................... 16
8.12 Rules Applicable .......................................................................................................................... 16
8.13 Television Coverage .................................................................................................................... 16


9. SUSPENSION AND AMENDMENT OF RULES.................................................... 16
9.1 Suspension of These Rules ........................................................................................................ 16
9.2 Amendment of These Rules ........................................................................................................ 16




Adopted December 21, 2021 ii
1. AUTHORITY
 1.1 Charter: TMC A2-30 provides that the governing body may determine its
 own rules of procedure for meetings. The following set of rules shall be in
 effect upon their adoption by the governing body and until such time as they
 are amended or new rules adopted in the manner provided by these rules.

2. GENERAL RULES

 2.1 Meetings to be Public: All meetings of the governing body shall be open
 to the public, except for executive sessions as provided for by state statute.
 Persons attending meetings shall turn off or mute any device or instrument
 capable of emitting an audible sound or tone before entering the meeting
 room.

 2.2 Quorum; Voting:

 (a) Six (6) members of the governing body shall constitute a quorum and
 be necessary for the transaction of business.

 (b) All actions by the governing body shall be taken by an affirmative
 vote of six (6) or more members, unless a greater or lesser number
 of votes is required by state law, city ordinance or these rules.

 (c) All actions by the council with regard to ordinances enacted pursuant
 to the City’s home rule power (ordinary ordinances) that are subject
 to a mayoral veto shall be taken by an affirmative vote of five (5) or
 more council members.

 (d) When any vote is called, each member shall indicate his or her vote.

 (1) If all members of the governing body are physically present,
 they shall utilize a device that displays their vote or abstention.

 (2) If one or more member of the governing body are not
 physically present, but participating remotely, votes shall be
 taken by roll call, with the member who is called upon to vote
 first rotated for each vote taken.

 (e) No member shall vote in absentia or by proxy.

 (f) All votes shall be reported in the minutes.

 2.3 Electronic Participation: Governing body members shall be allowed to
 participate in an unlimited number of meetings electronically provided there
 is an arrangement for the voice of the remote participant to be heard by all


Adopted December 21, 2021 1
 persons at the primary or central meeting location commencing January 1,
 2022.

 2.4 Record of Proceedings: An account of all proceedings of the governing
 body shall be kept by the city clerk and shall constitute the official record.


 2.5 Right of Floor: Any member desiring to speak shall be recognized by the
 meeting chair, and shall confine his or her remarks to the subject under
 consideration or the one to be considered.

 2.6 Duties of City Manager Relative to Governing Body:

 (a) The members of the governing body and the city manager shall
 observe scrupulously the relationship and the respective authorities
 and responsibilities of each as provided by the statutes, city
 ordinances, governing body rules or procedure and the ethics of
 good conduct. Generally speaking, the governing body shall act as a
 policy-making body only except as specifically provided otherwise by
 statute and the city manager shall act as the administrative head of
 the city. The governing body shall delegate to the city manager all
 administrative duties not specifically required by statute to be
 performed by the governing body. No member of the governing body
 shall interfere directly with the conduct of any municipal department.
 All instructions or direction to the city manager shall come from the
 governing body after approval of a majority (six) of the members. The
 city manager shall disregard any other instructions or directions and
 shall refer them to the governing body as a whole. Requests for
 routine information may be made to the city manager, department
 heads or their designees by individual councilmembers or the mayor,
 but all requests for lengthy or detailed reports shall be made only to
 the city manager. Except for the assistant to the Council, no
 instructions or directions shall be given by any member of the
 governing body to department heads or to other city employees who
 shall refer such instructions immediately to the city manager, who, in
 turn, shall bring such improper actions to the attention of the
 governing body for such action as may be appropriate in each
 individual case. Notwithstanding this subsection (a), when the city
 manager delegates a specific task to a particular staff member(s),
 including staffing a committee, direct communication may occur
 between council members and that staff member(s).

 (b) The city manager shall act as the administrative head of the city and
 in such capacity shall direct the affairs of the city within the limits of
 the budget, the policies established by the governing body and the
 requirements of the statutes. The city manager or a designee shall
 attend all meetings of the governing body unless excused by a


Adopted December 21, 2021 2
 majority of the governing body. The city manager shall prepare and
 submit the annual budget to the governing body, shall keep the
 governing body advised as to the financial condition and
 requirements of the city and shall make recommendations on all
 matters concerning the welfare of the city. The city manager shall
 have no vote in the public meetings of the governing body and shall
 refrain from attempting to establish policy except to make
 recommendations to the governing body. The city manager shall
 observe the highest standard of ethics of the city manager
 profession. The city manager shall consult with the governing body
 on matters pertaining to the affairs of the city.

 2.7 Duties of City Attorney Relative to Governing Body:

 (a) The city attorney or a designee shall attend all meetings of the
 governing body. He or she shall draft or cause to be drafted all
 ordinances, resolutions, contracts, releases, agreements and other
 instruments pertaining to legal actions of the city which shall have
 been approved as to form and legality by the city attorney or a
 designee before presentation to the governing body. When
 requested by any member of the governing body, the city attorney
 shall furnish an opinion, either written or oral as may be appropriate
 in each case, concerning parliamentary rulings, interpretations of
 governing body rules of procedure and opinions as to legality of
 matters under consideration. The city attorney is the chief legal
 advisor to the city through its governing body, as a whole, as well as
 the city manager; but not individual residents or individual governing
 body members.

 (b) The city attorney shall be the parliamentarian for the governing body
 and shall provide advice and counsel to the meeting chair on all
 interpretations of the rules and procedures for the conduct of
 meetings. However, the meeting chair shall rule on all such matters,
 as provided by Rule 4.4.

 2.8 Duties of City Clerk Relative to Governing Body: The City Clerk or a
 designated representative shall attend all meetings of the governing body;
 keep the official record (minutes); tally the votes taken; announce the votes
 both for and against; and perform such other duties as may be requested.

 2.9 Officers and Employees:

 (a) Notwithstanding TMC A2-54, which gives the city manager the power
 to appoint, discipline and remove any employee in accordance with
 City personnel policies, the mayor and council members may provide
 input to the city manager regarding the employment and evaluation



Adopted December 21, 2021 3
 of the assistant to the mayor and assistant to the council,
 respectively.

 (b) When there is pertinent business from their departments on the
 agenda, department heads or their designees shall attend such
 meetings upon request of the city manager.

 2.10 Rules of Order: "Roberts Rules of Order Revised" shall supplement these
 governing body rules and procedures, unless they are in conflict with these
 rules.

 2.11 Television Coverage: Except as otherwise provided herein, the public
 portions of governing body meetings shall be televised live, subject to
 budget constraints, technical difficulties, or emergency situations.

 2.12 Seating During Meetings: The council shall be seated in council district
 order for meetings pursuant to TMC 2.15.020.

3. TYPES OF MEETINGS; LOCATION

 3.1 Regular Governing Body Meetings: The governing body shall meet in
 the governing body chambers for regular meetings and call such meetings
 in accordance with applicable provisions of the City Charter, Chapter 2.15
 TMC and these Governing Body Rules.

 3.2 Special Governing Body Meetings:

 (a) Special meetings may be called by the city manager, the mayor or
 by four (4) or more members of the council.

 (b) The call for a special meeting shall be submitted to the city clerk,
 except an announcement of a special meeting during any meeting at
 which a quorum of members are present shall be sufficient notice of
 such special meeting.

 (c) The notice calling for a special meeting shall specify the day, the
 hour, the location and an agenda that lists the subject or subjects
 that will be considered during the special meeting. Only such
 business may be transacted at a special meeting as may be listed in
 the agenda that is part of the notice.

 (d) Except for emergencies, the city clerk shall provide documented
 notice of a special meeting to the city manager, as well as the entire
 governing body, and shall post the notice on the City’s web site at
 least 24 hours prior to the meeting date and time.



Adopted December 21, 2021 4
 (e) The governing body may work in conjunction with staff to develop
 procedures to address particular issues during special meetings (i.e.,
 budget meetings and how budget amendments will be handled,
 special public hearings).

 3.3 Committee Meetings: Committee meetings may be held pursuant to
 provisions contained in Rule 8.

 3.4 Attendance of Media at Meetings: All meetings of the governing body
 and its committees shall be open to the media, freely subject to recording
 by radio, television, and photographic services at any time, provided that
 such arrangements do not interfere with the orderly conduct of the
 meetings.

4. CHAIR AND DUTIES
 4.1 Chair:

 (a) Mayor. The mayor, if present, shall preside as chair at all meetings
 of the governing body.

 (b) Deputy Mayor. In the absence of the mayor, the deputy mayor shall
 preside. Anytime there is a need for an election of a deputy mayor,
 council members who have served the longest period of time and
 have not previously served as deputy mayor will automatically be
 nominated.

 (c) City Clerk. In the absence of both the mayor and deputy mayor, the
 city clerk shall preside until a chair is elected from among the council
 members present.

 4.2 Call to Order: The meetings of the governing body shall be called to order
 by the mayor or, in the mayor’s absence, by the deputy mayor. In the
 absence of both the mayor and the deputy mayor, the meeting shall be
 called to order by the city clerk for the election of a temporary chair.

 4.3 Preservation of Order: The chair shall preserve order and decorum,
 prevent attacks on personalities or the impugning of member’s motives, and
 confine members in debate to the question under discussion. All rules of
 decorum and conduct established by these Rules and Procedures, as set
 forth in Section 5.7, shall apply. Any governing body member who violates
 the rules of decorum will be warned by the chair and if the behavior
 continues, the governing body member will be asked to leave the governing
 body chambers upon a two-thirds (2/3rds) vote of the governing body
 (seven (7) or more). If necessary, the governing body member will be



Adopted December 21, 2021 5
 escorted from the chambers if such member persists in interfering with the
 ability of the governing body to reasonably carry out its functions.

 4.4 Point of Order: The chair shall determine all points of order, subject to the
 right of any member to appeal to the council. If any appeal is taken, the
 question shall be, "Shall the decision of the chair be sustained?"

 4.5 Questions to be Stated: The chair shall state all questions submitted for
 a vote and announce the result.

5. GOVERNING BODY MEETING AGENDAS

 5.1 Preparation and Circulation:

 (a) The city manager shall create an agenda for regular governing body
 meetings. Each Thursday, the city clerk shall post the agendas for the next
 two consecutive meetings to the City’s website, along with the final version
 of any supporting documents related to items included as part of the final
 agenda and all available supporting documents related to items included as
 part of the preliminary agenda; provided, however, that no technical
 difficulties would prevent this from occurring.

 (b) The agenda of any special governing body meeting shall be set by the city
 manager and included as part of the notice calling for such meeting, as
 prepared by the city clerk in accordance with Rule 3.2.

 5.2 Addition and Removal of Items from the Agenda:

 (a) Notwithstanding section 5.1, the city manager or governing body member(s)
 may add an item(s) to a regular governing body meeting agenda. The item
 shall be introduced by the city clerk at the beginning of the meeting after
 which the city manager or governing body member(s) shall provide an
 explanation for the necessity of adding the item. The item shall only be
 added if its addition is approved by a vote of six (6) or more members of the
 governing body. [See TMC 2.15.040]

 (b) The city manager may remove any item from a regular governing body
 meeting agenda if the item is not ready for consideration unless the
 governing body has taken action to defer the item to a date certain or the
 item has been considered by a committee pursuant to Council Rule 8.5(b).

 5.3 Agenda Contents: Each agenda for a regular governing body meeting
 shall include the following:

 • Call to order.
 • Invocation.


Adopted December 21, 2021 6
 • Pledge of Allegiance.
 • Roll Call.
 • Mayoral Proclamations.
 • Appointments. Appointments made by the Mayor to boards and
 commissions will be confirmed collectively by the Council. Any
 appointment may be considered separately by request of a council
 member, in which event the item will be moved to Action items.
 • Presentations. Presentations include staff reports.
 • Consent agenda. The consent agenda is comprised of routine matters
 to be approved collectively (e.g. meeting minutes, license applications,
 claims). Any item may be considered separately by request of a
 governing body member or the city manager, in which event the item will
 be moved to Action items.
 • Action Items. Action items include matters where the council members
 or governing body, as appropriate, takes action. (e.g. ordinances,
 resolutions, directives).
 • Non-action Items. Non-action items include discussions, public
 hearings, and any other agenda items that do not require action. Non-
 action items may not be voted on unless the governing body votes to
 first suspend the rule pursuant to Rule 6.3(h).
 • Public Comment.
 • Announcements. The city manager, mayor, and council members may
 offer comments regarding City business and/or bring to the attention of
 the public upcoming events of interest. The Clerk shall briefly summarize
 items that are on the agenda for the next scheduled governing body
 meeting.
 • Executive Session(s) (called when needed).
 • Adjournment.

 5.4 Planning Department Agenda Items: Public hearings on zoning matters
 shall be conducted by the Planning Commission in accordance with state
 law. No additional public hearings shall be held by the governing body.

 5.5 Presentations and Public Comment:

 (a) Presentations: The City Manager may invite individual(s) to make a
 presentation to the governing body under the “Presentation” section
 of the agenda and discuss an appropriate time frame for such
 presentation; taking into consideration the subject matter involved.

 (b) Sign-Up; Time Limitation for Public Comment:

 (1) Members of the public desiring to comment during a regular
 governing body meeting must notify the City Clerk by 5:00
 p.m. on the day of such meeting, or sign up at such meeting
 before 6:00 p.m.


Adopted December 21, 2021 7
 (2) Members of the public desiring to comment on a special
 governing body meeting agenda item must notify the City
 Clerk at least one hour prior to the time such meeting is
 scheduled to begin, as set out in the corresponding meeting
 notice, or sign up at such meeting prior to it start-time.

 (3) The requirement to notify the City Clerk will not apply to public
 hearings required by any state or federal law.

 (4) Members of the public will be limited to four (4) minutes of
 comment during any regular or special governing body
 meeting, unless the governing body, by a two-thirds (2/3rds)
 vote of the members (seven (7) or more), extends the
 limitation; provided, however, that question/answer dialogue
 or discussion with governing body members will not be
 counted towards the four (4) minute time limitation.

 (c) Public comment on a specific agenda item: Comments from
 members of the public concerning a specific agenda item will be
 heard at the time the item is considered. Persons will be limited to
 addressing the governing body one (1) time on a particular matter
 unless otherwise allowed by a vote of six (6) or more members of the
 governing body.

 (d) General public comment: Requests by members of the public to
 speak during the public comment portion of a regular governing body
 meeting will be placed on the agenda on a "first-come, first-served"
 basis. The request should state the name of the individual(s) desiring
 to be heard. Each such individual shall be limited to addressing the
 governing body one (1) time and his or her comments shall be limited
 to topics directly relevant to business of the governing body; provided
 however, that comments pertaining to personnel and litigation
 matters shall not be allowed.

 5.6 Procedure for Addressing the Governing Body: Each person shall step
 up to the microphone and shall state his or her name and city of residence
 in an audible tone or voice for the record. All remarks shall be addressed
 to the governing body as a whole and not to any individual member thereof.
 No person, other than members of the governing body and the person who
 has the floor, shall be permitted to enter into any discussion, either directly
 or through the members. Any questions asked by the person who has the
 floor or by governing body members shall be allowed at the sole discretion
 of the meeting chair.

 5.7 Rules of Decorum: The following behavior will not be tolerated from
 members of the public, governing body or staff: uttering fighting words,


Adopted December 21, 2021 8
 slander, speeches invasive of the privacy of individuals, unreasonably loud
 speech, repetitious speeches or debate, or speeches so disruptive of
 proceedings that the legislative process is substantially interrupted. Any
 individual engaging in this type of behavior will be warned once by the chair
 and, if the behavior continues, the speaker will be ordered to cease his/her
 behavior. If necessary, the speaker will be escorted to a seat in the
 governing body chambers, or escorted from the chambers if such person
 persists in interfering with the ability of the governing body to reasonably
 carry out its functions. Members of the public, governing body and staff are
 expected to treat one another with respect.

 5.8 Communication with the Governing Body: Nothing in these Rules and
 Procedures shall be construed to limit a person’s ability to contact members
 of the governing body outside of a regular, special or committee meeting.

 5.9 Adjournment: Adjournment from a regular governing body meeting shall
 occur no later than the hour of 10:00 p.m. or as shall be announced by the
 chair at the conclusion of business. Meetings may be continued beyond the
 hour of 10:00 p.m. only when approved by a majority of members present.

6. RULES OF ORDER

 6.1 Questions Related to Agenda Items: The governing body shall direct
 questions related to any agenda item to the Mayor or the City Manager, who
 shall either answer the question or call upon the appropriate staff member
 to answer the question.

 6.2 Governing Procedure: The Governing Body Rules and Procedures shall
 govern the proceedings. "Roberts Rules of Order Revised" shall
 supplement the Governing Body Rules and Procedures, unless they are in
 conflict with these rules.

 6.3 Motions: Except as otherwise provided by ordinance, statute or these
 rules, all motions shall require a second before such motion may be
 considered. The following motions may be used:

 (a) Substantive Motion. Only one main substantive motion may be
 pending on the floor at any one time. It must be withdrawn or
 advance to a vote before another substantive motion is introduced.


 (b) To Amend a Motion Prior to Adoption. The purpose is to retain the
 original motion but with a few changes accomplished by deleting or
 adding verbiage. Treatment of amendments will depend upon
 timing. More specifically:



Adopted December 21, 2021 9
 (1) After the original motion has been made and seconded - but
 before the Chair or the City Clerk states such motion: any
 suggested modifications will require the consent of the two
 individuals who made and seconded the original motion (a
 “friendly amendment”).

 (2) After the Chair states the motion: members of the governing
 body may propose amendments without such consent.

 (c) To Reconsider. A motion to reconsider can be made without notice
 to bring back for further consideration a motion that has already been
 voted on for the purpose of permitting correction of a hasty, ill-
 advised or erroneous action; provided, however, that such motion
 must be made (i) by a person who voted on the prevailing side of the
 motion to be reconsidered and (ii) during the same meeting as the
 initial action was taken on the motion to be reconsidered.

 (d) To Defer. Consideration of any ordinance, resolution or other matter
 on a meeting agenda may be deferred for up to six (6) months. The
 deferral date may be amended by the approval of a motion
 establishing a new date for consideration of the item. The new date
 for consideration shall be no sooner than the next governing body
 meeting following approval of the motion.

 (e) To Refer. Such action shall be appropriate in connection with
 investigation and report (e.g. refer a matter to a committee).

 (f) To Amend Something Previously Adopted or Rescind Action
 Previously Taken. The purpose is to enable the governing body to
 bring back for further consideration a motion that has already been
 voted on for the purpose of taking into account added information, or
 a changed situation, that developed since the vote was taken. It can
 be applied to something (e.g. bylaw, rule, policy, decision or choice)
 that has continuing force and effect and was made or created at any
 time(s) as the result of the adoption of one or more main motions.

 (1) Voting Requirements. If the governing body member who
 wishes to make the motion provides prior notice of his or her
 intentions at the meeting prior to the one at which he or she
 will be making such motion, a majority vote is required. If no
 prior notice is given, a two-thirds (2/3rds) vote of the governing
 body (seven (7)) or more) will be required.

 (2) Wait Period. An item previously acted upon may not be
 amended or rescinded until four (4) months has elapsed since
 the previous action. This limitation shall apply to any matter



Adopted December 21, 2021 10
 upon which a vote was taken (including the consideration of
 ordinances or resolutions that repeal, in their entirety,
 previously adopted ordinances or resolutions). This four (4)
 month limitation shall not apply when the amendment pertains
 to correcting a typographical or legal error in the original item,
 or if the new item amends or differs in a substantive manner
 from the previously adopted or considered item.

 (3) Restrictions. This motion is not in order when something has
 been done as a result of the vote on the main motion that is
 impossible to undo (e.g., when a resignation has been acted
 upon, the person was present or has been officially notified of
 the action.

 (g) To Call the Previous Question. This motion is not debatable and
 requires a vote. If passed by a two-thirds (2/3rds) vote of the
 governing body (seven (7) or more), there shall be an immediate vote
 on the substantive motion; provided however, that the call of the
 previous question shall not be implemented until all members of the
 governing body have had an opportunity to speak to the current
 motion. After the formal vote has been taken, all further discussion
 of the matter shall cease unless appropriate affirmative action follows
 to place the matter again for reconsideration.

 (h) To Suspend a Rule. In order to temporarily suspend any particular
 rule for a particular purpose not contrary to statute or city ordinance,
 a motion "to suspend" a rule shall be in order. Suspension of a rule
 shall be approved by a two-thirds (2/3rds) vote of the governing body
 (seven (7) or more), shall take effect for the particular rule in question
 and shall not be considered as a permanent suspension of a rule.

 (i) To Adjourn a Meeting. When it appears that there is not further
 business, the chair may adjourn the meeting. Alternatively, a motion
 "to adjourn" shall be in order providing such motion is made at the
 ordinary or usual conclusion of business on the agenda and
 providing that motions to adjourn shall not be used to embarrass, to
 harass, to foreclose discussion and debate, or for any other purpose
 other than the orderly termination of proceedings at such times as
 may be appropriate in each particular meeting.

7. ORDINANCES AND RESOLUTIONS
 7.1 Preparation:

 (a) Ordinances and resolutions shall be prepared by the city attorney or
 designee upon request by the city manager. In keeping with TMC


Adopted December 21, 2021 11
 A2-28(c), which prohibits governing body members from giving
 orders to staff, any requests by members of the governing body for
 preparation of ordinances or resolutions shall be directed to the city
 manager.

 (b) All ordinances and resolutions shall address fiscal impacts, if any,
 and identify funding sources.

 7.2 Input from the Governing Body: Each member of the governing body is
 entitled to ask questions or offer comments or proposed revisions related to
 any item included as part of a governing body meeting agenda. If
 reasonably possible, governing body members are encouraged to submit
 their questions, comments and proposed revisions to the city manager by
 8:00 a.m. on the Monday immediately preceding the regular governing body
 meeting at which the item will be discussed or initially considered to assist
 with moving the item forward in a more timely fashion, (avoiding
 unnecessary delay and/or deferrals).

 7.3 Consideration:

 (a) Notice. No action shall be taken on any ordinance or resolution
 unless the item has been provided to the governing body at least five
 days prior to a meeting. This restriction shall not apply to ordinances
 or resolutions that (1) have no administrative impact; and (2) no fiscal
 impact greater than $5,000.00.

 (b) Manner of Voting. When any vote is called, each member shall
 indicate the member’s vote in the manner specifically set forth in Rule
 2.2.

 7.4 Numbering: Upon passage, a number shall be assigned to each ordinance
 or resolution by the city clerk.

8. COMMITTEES

 8.1 Purpose: The orderly and timely transactions of the city government shall
 be better served by having in place a committee framework whereby
 resolution of certain issues may be developed prior to consideration by the
 governing body. The committee framework shall include the use of standing
 committees and special committees.

 8.2 Standing Committees:

 (a) The governing body shall have the following five (5) standing
 committees, each comprised of three (3) members of the council:




Adopted December 21, 2021 12
 • Policy and Finance.
 • Public Health and Safety.
 • Public Infrastructure.
 • Social Service Grants.
 • Transient Guest Tax.

 (b) Appointment. The deputy mayor shall appoint the members to each
 standing committee referenced in subsection (a) above and shall
 make a reasonable effort to stagger terms for the purpose of
 establishing familiarity and continuity from year to year.
 Appointments shall be made by the first meeting in February. Each
 councilmember shall fill out a committee preference list for a standing
 committee and the deputy mayor shall make every effort to appoint
 councilmembers to the committee of their choice.

 (c) Term. Councilmembers who are appointed to any standing
 committee referenced in subsection (a) above shall serve on their
 assigned committees for a one (1) year term. Councilmembers who
 wish to change committee assignments may do so with permission
 from the deputy mayor. Each standing committee shall elect the
 chair from among its members.

 8.3 Special Committees:

 (a) Special committees may be established when there is an issue that
 needs special focus and would be better handled outside standing
 committees. Special committees may be created by a vote of six (6)
 or more members of the governing body. Any proposition addressed
 to the establishment of a special committee must state tasks and the
 time period in which the committee should complete its assignment.

 (b) The deputy mayor shall appoint the members of any special
 committee. The chair shall be designated by committee members.

 8.4 Duties and Powers of Committees:

 (a) It shall be the duty of the committees to act promptly and faithfully in
 all matters referred to them. This does not preclude standing
 committees from considering other matters within the scope of their
 duties.

 (b) All committees shall have the power to hold hearings and request
 production of records relating to any subject within its jurisdiction.
 Standing committees may appoint subcommittees from their
 committee membership.



Adopted December 21, 2021 13
 8.5 Procedure for Committee Items:

 (a) Reference to Committee; Initiation by Committee.

 (1) Any item may be referred to a committee by a vote of six (6)
 or more members of the governing body. The governing
 body may set a fixed date for the committee to report back to
 the governing body.

 (2) The examination of any subject can be initiated by a
 committee chair or by majority vote of the committee.

 (b) Committee Action. A committee may take any of the following
 actions:

 (1) Recommend approval of the item.

 (2) Recommend approval, with amendments.

 (3) Recommend that the item not be approved.

 (4) Make no recommendation (no second means no
 recommendation).

 (c) Committee Action Deadlines.

 (1) Each item referred to a standing committee shall be acted
 upon on or before any deadline set by the governing body or
 ninety (90) calendar days of the date upon which it was
 referred, whichever occurs first. Although the standing
 committee shall make every reasonable effort to act upon the
 item prior to expiration of the established deadline or ninety
 (90) calendar days, if this is not possible then the item shall
 be placed on an agenda for purposes of allowing the
 committee chair to provide an update regarding the
 committee’s progress.

 (2) Each item referred to a special committee shall be acted upon
 within the time period assigned, in accordance with Rule
 8.3(a) above.

 (d) Placement on Governing Body Meeting Agenda.

 (1) An item referred to and considered by a committee pursuant
 to section 8.5(a)(1) shall be placed on a regular governing
 body meeting agenda as a discussion or action item and the



Adopted December 21, 2021 14
 chairperson or designee shall report to the governing body.

 (2) An item initiated and considered by a committee pursuant to
 section 8.5(a)(2) may be placed on a regular governing body
 meeting agenda as a discussion or action item and the
 chairperson or designee may report to the governing body.

 8.6 Meeting Participation; Attendance: Committee members may choose to
 attend committee meetings in person or by electronic communication;
 provided, however, that the latter option must be approved by the
 chairperson and there must be an arrangement for the voice of the remote
 participant to be heard by all persons at the primary or central meeting
 location. If a committee member cannot be present at a meeting, an
 alternate council member may be appointed to serve at that meeting, with
 full voting rights. The alternate shall be appointed by one of the following
 individuals, listed in order of priority:

 (a) The absent committee member.

 (b) The committee chair.

 (c) The deputy mayor.

 8.7 Meeting Times: Each committee shall meet as needed. Meetings may be
 called by the committee chair or by action of the committee. The city
 manager shall be notified of committee meetings at least twenty-four (24)
 hours in advance of any meeting. Any request for resource staff will be
 included in the notification. Council staff shall notify the city clerk of the
 time, place, and agenda at least twenty-four (24) hours in advance of the
 meeting. The city clerk shall post the notification to the city web site upon
 notification by council staff.

 8.8 Agenda Preparation: The chair shall be responsible for establishing the
 agenda for each committee meeting. Members desiring an item to be
 placed on the agenda should contact the chair directly or through the council
 staff.

 8.9 Minutes: Minutes shall be kept of each meeting. Minutes are defined as
 an overview of the proceedings, to include those in attendance, a brief
 summary of the issues discussed and a record of the action(s) taken
 (including the result of any vote(s) taken). Minutes shall be reviewed and
 approved by the committee at a subsequent meeting. However, in the event
 that the committee will not meet within the next thirty (30) days, the
 chairperson may approve the minutes if there are no objections or changes
 from other committee members. In the event of objections or changes, the
 committee shall meet to discuss and take action.



Adopted December 21, 2021 15
 8.10 Public Comment: Public comment may be allowed on any matter on a
 committee agenda, at the discretion of the chairperson. All rules of decorum
 and conduct for comment established by these Rules and Procedures shall
 be applicable to public speakers.

 8.11 Expenses: No committee shall incur any expense without having been
 authorized by a vote of six (6) or more members of the governing body.

 8.12 Rules Applicable: These Rules and Procedures shall apply to committees
 unless inconsistent with this section.

 8.13 Television Coverage: Except as otherwise provided, the public portions
 of any committee meeting shall be televised, subject to budget constraints,
 technical difficulties or emergencies.


9. SUSPENSION AND AMENDMENT OF RULES

 9.1 Suspension of These Rules: Any provision of these rules not governed
 by the city charter or city code may be temporarily suspended by a two-
 thirds (2/3rds) vote of the governing body, (seven (7) or more). The vote on
 any such suspension shall be included in the record.

 9.2 Amendment of These Rules: These rules may be amended on a periodic
 basis. Review may be initiated by staff or governing body members. If
 revisions or new rules are proposed, standard rules for agenda posting,
 consideration and referral to committee shall apply. A vote of six (6) or more
 members of the governing body shall be required to adopt any such
 amendments.




Adopted December 21, 2021 16
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 February 18, 2025


DATE: February 18, 2025
CONTACT PERSON: Amanda Stanley, City DOCUMENT #:
 Attorney
SECOND PARTY/SUBJECT: Community PROJECT #:
 Improvement District
 (CID) Policy
CATEGORY/SUBCATEGORY 020 Resolutions / 005 Miscellaneous
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

RESOLUTION introduced by City Manager Dr. Robert M. Perez amending City of Topeka's policy for
Community Improvement Districts and rescinding Resolution No. 8392. (Policy & Finance Committee
recommended approval on January 28, 2025.)
Voting Requirement: Action requires at least six (6) votes of the Governing Body.

(Approval of the proposed amendments would provide for a more uniform approach to the current CID policy
and procedure.)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Weather to approve the amendments providing for a more uniform approach to the current policy.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the resolution.
BACKGROUND:
The purpose of the amendments is to bring a more uniform approach across the Tax Increment Financing (TIF)
District, Community Improvement District (CID), and Reinvestment Incentive Housing District (RHID) policies
and procedures.
On January 28, 2025, the Policy & Finance Committee recommended approval of the policy by the Governing
Body.
BUDGETARY IMPACT:
There is no budgetary impact to implement the policy.
SOURCE OF FUNDING:
Not Applicable

ATTACHMENTS:
Description
Proposed Resolution CID Policy (REDLINED Version)
Presentation: TIF/CID/RHID Policy Procedure Updates
Proposed Resolution CID Policy (CLEAN Version)
P&F Committee Referral Report (January 28, 2025)
P&F Committee Meeting Excerpt (January 28, 2025)
 1 CITY OF TOPEKA
 2 COMMUNITY IMPROVEMENT DISTRICT (“CID”) POLICY
 3
 4 Effective Date: October 25, 2011
 5
 6 Sections:
 7
 8 I. OBJECTIVES
 9 II. SCOPE
10 III.  DEFINITIONS
11 IV. PROVISIONS
12 V. PROCEDURES
13 VI. STATUTORY AMENDMENTS
14 VII. EFFECTIVE DATE
15 VIII. RESPONSIBILITY FOR ENFORCEMENT
16 ___________________________________________________________
17
18 SECTION I. OBJECTIVES.
19
20 The proper use of a Community Improvement District (CID) should promote, stimulate
21 and develop the general and economic welfare of and quality of life in the City of
22 Topeka. A CID involves public financing of all or a portion of a “Project” as defined in
23 the Community Improvement District Act (“Act”) within a prescribed area (the District). A
24 CID Project should provide public benefit such as strengthening economic development
25 and employment opportunities; enhancing tourism; upgrading older real estate through
26 redevelopment or rehabilitation; or promoting sustainability. Public financing is
27 achieved by levying and collecting special assessments and/or a CID sales tax upon
28 property in the District.
29
30 SECTION II. SCOPE.
31
32 An applicant may petition the City to utilize CID financing to fund Projects eligible under
33 the Act. The authority and decision to approve a petition establishing a CID for a
34 Project is within the sole discretion of the Governing Body. However, Projects in which
35 the anticipated total project costs are less than $1 million dollars will not be considered.
36 The Governing Body is under no obligation to approve any petitioned Project. This
37 Policy is intended to provide a guide in considering applications. The Governing Body
38 reserves the right to deviate from this Policy when it believes it is in the City’s best
39 interest.
40
41 SECTION III. DEFINITIONS.
42
43 A. “CID Sales Tax” means a retailers’ sales tax over and above the aggregate
44 amount of the retailers’ sales tax contained in K.S.A. 12-187 through 12-197, and
45 amendments thereto, on the selling of tangible personal property at retail or
46 rendering or furnishing services taxable pursuant to the provisions of the Kansas
47 retailer’s sales tax act, within a District, in any increment of .10% or .25% not to
48 exceed 2% as authorized by the Act, pledging such revenue to pay the bonds
 CID Policy 10/12/112/3/25 1
49 issued for the Project or to reimburse the cost of the Project pursuant to pay-as-
50 you-go financing.

51 B. “Cost” means the definition set out in K.S.A. 12-6a27, as amended. The City, on
52 a case by case basis, may consider costs incurred within 12 months prior to
53 District establishment, provided the costs were incurred after July 1, 2009. The
54 City reserves the right to exclude otherwise eligible costs under the Act. . The
55 approved project costs shall be described in detail in a Development Agreement.

56 C. “Owner” means the owner or owners of record, whether resident or not, of real
57 property within the District. The applicant shall be an owner.

58 D. “Pay-As-You-Go” means a method of financing in which the costs of a Project
59 are financed privately, and the approved costs of such Project are reimbursed
60 after Project completion as monies are deposited in the District fund.

61 E. “Project” may include any item eligible under the Act, as described in K.S.A. 12-
62 6a27, as amended, but the City reserves the right to exclude otherwise eligible
63 Projects under the Act; determine eligible and ineligible projects; and determine
64 the amount of funding for a Project on a case by case basis. These terms and
65 approvals shall be set out in a Development Agreement.

66 F. “Review Committee” includes the Assistant City Manager, Deputy City Manager,
67 Director of Chief Financeial Officer, Director of Public Works, Director of Planning
68 & Development, Director of Development Coordination, and the City Attorney, or
69 their designees. The Committee may also include City staff and individuals
70 designated by the City Manager, including but not limited to the Utilities Director,
71 City’s bond counsel and City financial advisor.

72
73 SECTION IV. PROVISIONS.
74
75 A. Criteria. The Governing Body shall consider establishment of a CID when it
76 determines it is in the best interest of the City and provided the Project meets
77 one or more of the following criteria:
78
79 1. Creates facilities which promote the cultural, historical, or artistic elements
80 of the City and enhance tourism and quality of life.
81
82 2. Attracts unique commercial, office, industrial, and/or mixed use
83 development which will enhance the economic climate of the City and
84 diversify the economic base.
85
86 3. Substantially promotes economic development, investment or
87 reinvestment in the community.
88
89 4. Encourages retail projects that enhance the retail base by either attracting
90 new sales or capturing sales moving to other markets.

 CID Policy 10/12/112/3/25 2
 91
 92 5. Provides for the construction of facilities that promote tourism or enhance
 93 the quality of life within the City.
 94
 95 6. Upgrades older commercial real estate through redevelopment and/ or
 96 rehabilitation.
 97
 98 B. Applicant Responsibility. The application process shall include an application
 99 form and the petition required by the Act. As part of the process, the applicant
100 shall complete the following prior to submission of the petition to the Governing
101 Body:
102
103 1. Provide evidence in a form satisfactory to the City of the applicant’s
104 financial ability to complete the proposed project in a timely manner.
105
106 2. Provide documentation substantiating the applicant’s sources of funding,
107 including the amount/percentage of equity funding.
108
109 3. Submit a financial analysis demonstrating that the projected revenue is
110 sufficient to pay the costs of the project, including bond debt service. The
111 Review Committee may secure an independent feasibility study, the costs
112 of which shall be borne by the applicant. Additionally, the Chief Financial
113 Officer may secure an independent feasibility or ‘but-for’ analysis, the
114 costs of which shall be borne by the applicant. As authorized under the
115 Kansas Open Records Act, the City will treat as confidential any such
116 sensitive financial information provided by the applicant or its guarantors
117 to the City's Chief Financial Officer, other city advisors or legal counsel,
118 and will, if requested, enter on the City's behalf into a non-disclosure
119 agreement; provided, however, that such advisors or legal counsel must
120 have the right under such agreement to convey their conclusions about
121 the applicant's ability to meet the requirements above based upon its
122 review.
123
124 4. Pay all required fees and comply with all procedural requirements of the
125 Act and the City’s CID Policy.
126
127 5. Execute a Development Agreement contemporaneous with presentation
128 of the CID petition to the governing body.
129
130 6. If a CID Sales Tax is first levied or modified after [insert date], the
131 applicant shall ensure that each retailer responsible for collecting the CID
132 Sales Tax complies with the following requirements:
133
134 (a) Upon establishment of a CID sales tax district, each business within
135 the CID sales tax district shall display prominently at each public
136 entrance, for the duration of time that the CID sales tax is collected,
137 a sign that contains, at a minimum, the following: “This project
138 made possible by Community Improvement District Financing.
 CID Policy 10/12/112/3/25 3
139 Additional Community Improvement District sales tax of ___%
140 collected here.”
141 (b) The sign shall be a minimum size of four (4) inches square.
142 (c) The font size of the printed message shall be at least 18 pt.
143
144 7. Provide additional information requested by one or more members of the
145 Review Committee to permit the members to assess the need for the
146 amount and timing of the CID subsidy requested.
147
148 8. Provide certification that neither the developer entity nor any of its
149 shareholders/partners/members is delinquent on its property tax or special
150 assessment payments on any property it owns or controls in Shawnee
151 County;
152
153 C. Review Committee Consideration. The Review Committee shall review each
154 application and petition and make a recommendation to the Governing Body. In
155 determining whether to recommend approval of a CID petition and the method of
156 financing, the Review Committee may consider all of the following:
157
158 1. Whether creation of a CID meets one or more of the criteria set forth in
159 Section IV(A);
160
161 2. The total development costs and investment, including estimated Project
162 costs for which public financing is sought;
163
164 3. Sources of funding, including the amount of equity funding in comparison
165 to public financing;
166
167 4. Experience and financial stability of Developer;
168
169 5. Whether tenants for the Project are in place and the nature and quality of
170 the tenants;

171 6. Financial viability of the Project, including potential competition;

172 7. The amount and purpose of the funding request, including the percentage
173 of funding for capital costs; operational costs; and public costs; Whether
174 the requested CID funding is necessary to incentivize the project “but-for”
175 analysis;

176 8. If bonds are requested, the projected debt service coverage ratio of 1.25
177 from projected revenues; any additional security pledged by the
178 Developer; and the marketability of the bonds; and

179 9. Whatever other factors or considerations the Review Committee believes
180 the Governing Body would find relevant to its decision.



 CID Policy 10/12/112/3/25 4
181 D. Governing Body Review. The Governing Body shall review the financial viability
182 of each CID and shall use this information in determining whether to grant the
183 Petition and, if granted, the appropriate term of the CID, which may be less than
184 the duration allowed by the Act.

185 1. In the event pay-as-you-go financing is utilized, the CID sales tax shall
186 expire on a date approved by the City, but no later than twenty-two (22)
187 years from the date the state director of taxation begins collecting such tax
188 or when the pay-as-you-go costs have been paid.

189 2. CID Bonds issued to finance the Project shall mature on a date approved
190 by the City, but no later than twenty-two (22) years from date of issue,
191 unless otherwise provided by law.

192 3. In no event shall any CID sales tax extend later than the date the bonds
193 issued to finance such project or refunding bonds issued for the Project
194 mature.

195 E. Financing.

196 1. Source of Funds. The cost of all or a portion of any authorized CID
197 Project may be financed by any or all of the following sources:

198 a. Pay-As-You-Go financing based either on a special assessment or
199 a CID sales tax within the District, or both;

200 b. Special Obligation Bond financing payable wholly through special
201 assessments within the CID;

202 c. Special Obligation Bond financing payable in part through special
203 assessments within the CID and in part through a CID sales tax;

204 d. General Obligations Bonds;

205 e. Any other funds appropriated by the City; or

206 f. A combination of the foregoing methods.

207 2. Development Agreement. If after review of the application, the Review
208 Committee determines to recommend approval of the CID to the
209 Governing Body, the Applicant shall supply an executed the City Attorney
210 will negotiate a Development Agreement (the “Development Agreement”)
211 which shall be presented to the Governing Body for consideration
212 contemporaneous with the Petition. The Development Agreement shall
213 address the recommended method of financing, approved Project(s) and
214 approved Costs; the feasibility of the Project, the steps to be taken to
215 minimize the risk of default; and any other terms the Committee deems
216 appropriate.


 CID Policy 10/12/112/3/25 5
217 3. Bonds. The City encourages the use of private financing (“Pay-As-You-
218 Go”) with reimbursement to the applicant for eligible, approved costs
219 associated with a CID Project, but the City may consider the issuance of
220 Bonds. Any determination to issue Bonds is within the sole discretion of
221 the Governing Body.

222 a. CID Bonds. The City may issue special obligation notes or bonds
223 (“CID Bonds”) (collectively, “Bonds”) to finance one or more
224 Projects. In no event shall special assessments be levied against
225 the City. The City will not provide credit enhancements for CID
226 Bonds; however, credit enhancement provided by an applicant will
227 be viewed favorably.

228 b. G.O. Bonds. The City discourages the use of full faith and credit
229 notes or bonds (G.O. Bonds) to finance a Project under this Act, but
230 may consider such action for that portion of a CID Project that is
231 exclusively for public improvements.

232 Prior to the issuance of any Bonds, the applicant must receive a
233 Certificate of Completion from the City. In addition, the applicant must
234 agree to certain disclosures required by the City and the Bond
235 underwriters and ensure that if necessary, such disclosure requirements
236 are included in all subsequent tenant leases and land sales within the
237 District.

238 4. Project Funds. A separate fund shall be created for each District and such
239 fund shall be identified by a suitable title (the “Fund”). CID sales tax
240 receipts, special assessments paid to the City under this Act, the proceeds
241 from the sale of Bonds, and any other moneys appropriated by the
242 Governing Body for the purpose of paying Project Costs, including the
243 principal and interest on the bonds issued pursuant to this Act shall be
244 credited to such Fund.

245 a. The Fund shall be solely used to pay the Costs of the Project either
246 through the issuance of Bonds or Pay-As-You-Go financing, and
247 shall be limited to approved costs included in the ordinance
248 authorizing the Project or in the Development Agreement.

249 b. Reimbursement of approved Costs may only be made after a
250 Certificate of Completion has been issued by the City.

251 c. In the event moneys remain in the Fund after the expiration of the
252 CID sales tax, such moneys shall continue to be used solely to pay
253 the Cost of the Project. Upon payment of all Project Costs and
254 principal and interest on any bonds issued for such District, the City
255 has the authority to terminate the CID and spend any moneys
256 remaining in such Fund for the purposes for which local sales tax
257 receipts may be spent.

 CID Policy 10/12/112/3/25 6
258 5. Fees. When submitting its application the applicant shall pay a non-
259 refundable application fee to cover City expenses associated with
260 reviewing and processing the CID request. The City shall also require the
261 applicant to reimburse all costs incurred by the City for additional legal,
262 financial, and/or planning and engineering consultants, for direct out-of-
263 pocket expenses, and for other costs relating to services rendered for the
264 City to review, evaluate, process and consider the petition for a CID. If
265 bonds are requested and subsequently approved by the City the applicant
266 shall also be responsible for all costs of issuance associated therewith.
267 The applicant shall also be responsible for paying an annual
268 administrative fee to cover the cost of monitoring and administering the
269 CID. Fee amounts shall be set out in the CID Procedures as described in
270 Section

271 SECTION V. PROCEDURES.

272 City staff shall develop procedures for processing CID applications and filing CID
273 petitions, in addition to such other matters such as the establishment of fees. Such
274 procedures shall be approved, and amended as appropriate, by the City Manager.
275
276 SECTION VI. STATUTORY AMENDMENTS; CONFLICT WITH STATE LAW.
277
278 Any amendment to the Act or any statute cited herein or used as a source of authority
279 for development of the City’s CID Policy shall apply without the need to modify or
280 amend this Policy. If any part of this policy conflicts with state law, the latter shall
281 control.

282 SECTION VII. EFFECTIVE DATE.

283 This CID Policy shall take effect upon passage by the City Council Governing Body.

284 SECTION VIII. RESPONSIBILITY FOR ENFORCEMENT.

285 The City Manager shall be responsible for the enforcement of this Policy.




 CID Policy 10/12/112/3/25 7
 TIF/CID/RHID
Policy & Procedure
 Updates
Purpose 2


Outlined in this presentation are key updates and changes
being proposed for our Tax Increment Financing (TIF)
District, Community Improvement District (CID), and
Reinvestment Incentive Housing District (RHID) policies and
procedures.

The purpose of this is to bring a uniform approach across
our various City of Topeka incentive programs and their
structure.
Changes 3


Funding Agreement
• CID – Adding funding agreement of $25,000 that will align with TIF
 & RHID. This allows for funding to cover the City’s cost for financial
 and legal advisors and direct costs of outside consultants
 including, but not limited to, civil engineers and traffic engineers.
• TIF – Addition of any Engineering Fees to reimbursable items under
 funding agreement. Covering review of plans and traffic impact
 studies.
• RHID - language was added spelling out the timeline to enter into
 a funding agreement with the City within 15 days of receipt of the
 complete Housing Development Plan allowing the City access to
 sufficient funds to cover the City’s cost in analyzing the proposed
 Housing Development Plan.
Changes 4


Application Fees
• The proposed change to the CID procedure will increase
  the CID application fee from $1,500 to $5,000 putting it in
  alignment with both TIF and RHID programs.
Changes 5


Signage
• CID – Addition of language requiring signage to be
 displayed in each business within the CID sales tax
 district.
 • Prominently at each public entrance for duration of the CID
 sales tax collection.
 • The font size of the printed message shall be at least 18 pt.
 • The sign shall be a minimum size of 4 inches square.
Changes 6


Affordable Housing
• TIF – Additional language to the program goals adding in
 creation of affordable housing and any efforts to
 increase affordable housing.
Changes 7


Provisions & Policy Guidelines
• CID – Additional requirement of certification that neither
 the developer entity nor any of its
 shareholders/partners/members is delinquent on its
 property tax or special assessment payments on any
 property it owns or controls in Shawnee County.
• This language already exists in both TIF & RHID policies.
Changes 8


Review Committee
• CID & TIF – Adjustment to have Review Committee
  include the following: Assistant City Manager, Chief Financial Officer,
 Director of Public Works, Director of Planning & Development, and the City
 Attorney, or their designees. The committee may also include City staff and
 individual designated by the City Manager, including but not limited to the
 Utilities Director, City’s bond counsel and City financial advisor.
• This is consistent with the RHID policy for internal staff and
  external advisors and counsel.
Changes 9


RHID Language
• Updates have been made changing language to District
 Application and Housing Development Plan. This change helps
 provide a clear distinction in the two steps of the application
 process.
 1 RESOLUTION NO. __________
 2
 3 A RESOLUTION introduced by City Manager Dr. Robert M. Perez amending
 4 City of Topeka's policy for Community Improvement Districts
 5 and rescinding Resolution No. 8392.
 6
 7 NOW, THEREFORE, BE IT RESOLVED THAT THE COMMUNITY

 8 IMPROVEMENT DISTRICT POLICY FOR THE CITY OF TOPEKA, KANSAS WILL BE

 9 AS FOLLOWS:

10 CITY OF TOPEKA
11 COMMUNITY IMPROVEMENT DISTRICT (“CID”) POLICY
12
13 SECTION I. OBJECTIVES.
14
15 The proper use of a Community Improvement District (CID) should promote, stimulate
16 and develop the general and economic welfare of and quality of life in the City of
17 Topeka. A CID involves public financing of all or a portion of a “Project” as defined in
18 the Community Improvement District Act (“Act”) within a prescribed area (the District). A
19 CID Project should provide public benefit such as strengthening economic development
20 and employment opportunities; enhancing tourism; upgrading older real estate through
21 redevelopment or rehabilitation; or promoting sustainability. Public financing is
22 achieved by levying and collecting special assessments and/or a CID sales tax upon
23 property in the District.
24
25 SECTION II. SCOPE.
26
27 An applicant may petition the City to utilize CID financing to fund Projects eligible under
28 the Act. The authority and decision to approve a petition establishing a CID for a
29 Project is within the sole discretion of the Governing Body. However, Projects in which
30 the total project costs are less than $1 million dollars will not be considered. The
31 Governing Body is under no obligation to approve any petitioned Project. This Policy is
32 intended to provide a guide in considering applications. The Governing Body reserves
33 the right to deviate from this Policy when it believes it is in the City’s best interest.
34
35 SECTION III. DEFINITIONS.
36
37 A. “CID Sales Tax” means a retailers’ sales tax over and above the aggregate
38 amount of the retailers’ sales tax contained in K.S.A. 12-187 through 12-197, and
39 amendments thereto, on the selling of tangible personal property at retail or
40 rendering or furnishing services taxable pursuant to the provisions of the Kansas
41 retailer’s sales tax act, within a District, in any increment of .10% or .25% not to
42 exceed 2% as authorized by the Act, pledging such revenue to pay the bonds
43 issued for the Project or to reimburse the cost of the Project pursuant to pay-as-
44 you-go financing.

 RES/CID Policy 2/3/25 1
45 B. “Cost” means the definition set out in K.S.A. 12-6a27, as amended. The City, on
46 a case by case basis, may consider costs incurred within 12 months prior to
47 District establishment, provided the costs were incurred after July 1, 2009. The
48 City reserves the right to exclude otherwise eligible costs under the Act. The
49 approved project costs shall be described in detail in a Development Agreement.

50 C. “Owner” means the owner or owners of record, whether resident or not, of real
51 property within the District. The applicant shall be an owner.

52 D. “Pay-As-You-Go” means a method of financing in which the costs of a Project
53 are financed privately, and the approved costs of such Project are reimbursed
54 after Project completion as monies are deposited in the District fund.

55 E. “Project” may include any item eligible under the Act, as described in K.S.A. 12-
56 6a27, as amended, but the City reserves the right to exclude otherwise eligible
57 Projects under the Act; determine eligible and ineligible projects; and determine
58 the amount of funding for a Project on a case by case basis. These terms and
59 approvals shall be set out in a Development Agreement.

60 F. “Review Committee” includes the Assistant City Manager, Deputy City Manager,
61 Chief Financial Officer, Director of Public Works, Director of Planning &
62 Development, and the City Attorney, or their designees. The Committee may
63 also include City staff and individuals designated by the City Manager, including
64 but not limited to the Utilities Director, City’s bond counsel and City financial
65 advisor.

66
67 SECTION IV. PROVISIONS.
68
69 A. Criteria. The Governing Body shall consider establishment of a CID when it
70 determines it is in the best interest of the City and provided the Project meets
71 one or more of the following criteria:
72
73 1. Creates facilities which promote the cultural, historical, or artistic elements
74 of the City and enhance tourism and quality of life.
75
76 2. Attracts unique commercial, office, industrial, and/or mixed use
77 development which will enhance the economic climate of the City and
78 diversify the economic base.
79
80 3. Substantially promotes economic development, investment or
81 reinvestment in the community.
82
83 4. Encourages retail projects that enhance the retail base by either attracting
84 new sales or capturing sales moving to other markets.
85
86 5. Provides for the construction of facilities that promote tourism or enhance
87 the quality of life within the City.

 RES/CID Policy 2/3/25 2
 88
 89 6. Upgrades older commercial real estate through redevelopment and/ or
 90 rehabilitation.
 91
 92 B. Applicant Responsibility. The application process shall include an application
 93 form and the petition required by the Act. As part of the process, the applicant
 94 shall complete the following prior to submission of the petition to the Governing
 95 Body:
 96
 97 1. Provide evidence in a form satisfactory to the City of the applicant’s
 98 financial ability to complete the proposed project in a timely manner.
 99
100 2. Provide documentation substantiating the applicant’s sources of funding,
101 including the amount/percentage of equity funding.
102
103 3. Submit a financial analysis demonstrating that the projected revenue is
104 sufficient to pay the costs of the project, including bond debt service. The
105 Review Committee may secure an independent feasibility study, the costs
106 of which shall be borne by the applicant. Additionally, the Chief Financial
107 Officer may secure an independent feasibility or ‘but-for’ analysis, the
108 costs of which shall be borne by the applicant. As authorized under the
109 Kansas Open Records Act, the City will treat as confidential any such
110 sensitive financial information provided by the applicant or its guarantors
111 to the City's Chief Financial Officer, other city advisors or legal counsel,
112 and will, if requested, enter on the City's behalf into a non-disclosure
113 agreement; provided, however, that such advisors or legal counsel must
114 have the right under such agreement to convey their conclusions about
115 the applicant's ability to meet the requirements above based upon its
116 review.
117
118 4. Pay all required fees and comply with all procedural requirements of the
119 Act and the City’s CID Policy.
120
121 5. Execute a Development Agreement contemporaneous with presentation
122 of the CID petition to the governing body.
123
124 6. If a CID Sales Tax is first levied or modified after [insert date], the
125 applicant shall ensure that each retailer responsible for collecting the CID
126 Sales Tax complies with the following requirements:
127
128 (a) Upon establishment of a CID sales tax district, each business within
129 the CID sales tax district shall display prominently at each public
130 entrance, for the duration of time that the CID sales tax is collected,
131 a sign that contains, at a minimum, the following: “This project
132 made possible by Community Improvement District Financing.
133 Additional Community Improvement District sales tax of ___%
134 collected here.”
135 (b) The sign shall be a minimum size of four (4) inches square.
 RES/CID Policy 2/3/25 3
136 (c) The font size of the printed message shall be at least 18 pt.
137
138 7. Provide additional information requested by one or more members of the
139 Review Committee to permit the members to assess the need for the
140 amount and timing of the CID subsidy requested.
141
142 8. Provide certification that neither the developer entity nor any of its
143 shareholders/partners/members is delinquent on its property tax or special
144 assessment payments on any property it owns or controls in Shawnee
145 County;
146
147 C. Review Committee Consideration. The Review Committee shall review each
148 application and petition and make a recommendation to the Governing Body. In
149 determining whether to recommend approval of a CID petition and the method of
150 financing, the Review Committee may consider all of the following:
151
152 1. Whether creation of a CID meets one or more of the criteria set forth in
153 Section IV(A);
154
155 2. The total development costs and investment, including estimated Project
156 costs for which public financing is sought;
157
158 3. Sources of funding, including the amount of equity funding in comparison
159 to public financing;
160
161 4. Experience and financial stability of Developer;
162
163 5. Whether tenants for the Project are in place and the nature and quality of
164 the tenants;

165 6. Financial viability of the Project, including potential competition;

166 7. The amount and purpose of the funding request, including the percentage
167 of funding for capital costs; operational costs; and public costs; Whether
168 the requested CID funding is necessary to incentivize the project “but-for”
169 analysis;

170 8. If bonds are requested, the projected debt service coverage ratio of 1.25
171 from projected revenues; any additional security pledged by the
172 Developer; and the marketability of the bonds; and

173 9. Whatever other factors or considerations the Review Committee believes
174 the Governing Body would find relevant to its decision.

175 D. Governing Body Review. The Governing Body shall review the financial viability
176 of each CID and shall use this information in determining whether to grant the
177 Petition and, if granted, the appropriate term of the CID, which may be less than
178 the duration allowed by the Act.

 RES/CID Policy 2/3/25 4
179 1. In the event pay-as-you-go financing is utilized, the CID sales tax shall
180 expire on a date approved by the City, but no later than twenty-two (22)
181 years from the date the state director of taxation begins collecting such tax
182 or when the pay-as-you-go costs have been paid.

183 2. CID Bonds issued to finance the Project shall mature on a date approved
184 by the City, but no later than twenty-two (22) years from date of issue,
185 unless otherwise provided by law.

186 3. In no event shall any CID sales tax extend later than the date the bonds
187 issued to finance such project or refunding bonds issued for the Project
188 mature.

189 E. Financing.

190 1. Source of Funds. The cost of all or a portion of any authorized CID
191 Project may be financed by any or all of the following sources:

192 a. Pay-As-You-Go financing based either on a special assessment or
193 a CID sales tax within the District, or both;

194 b. Special Obligation Bond financing payable wholly through special
195 assessments within the CID;

196 c. Special Obligation Bond financing payable in part through special
197 assessments within the CID and in part through a CID sales tax;

198 d. General Obligations Bonds;

199 e. Any other funds appropriated by the City; or

200 f. A combination of the foregoing methods.

201 2. Development Agreement. If after review of the application, the Review
202 Committee determines to recommend approval of the CID to the
203 Governing Body, the City Attorney will negotiate a Development
204 Agreement (the “Development Agreement”) which shall be presented to
205 the Governing Body for consideration contemporaneous with the Petition.
206 The Development Agreement shall address the recommended method of
207 financing, approved Project(s) and approved Costs; the feasibility of the
208 Project, the steps to be taken to minimize the risk of default; and any other
209 terms the Committee deems appropriate.

210 3. Bonds. The City encourages the use of private financing (“Pay-As-You-
211 Go”) with reimbursement to the applicant for eligible, approved costs
212 associated with a CID Project, but the City may consider the issuance of
213 Bonds. Any determination to issue Bonds is within the sole discretion of
214 the Governing Body.


 RES/CID Policy 2/3/25 5
215 a. CID Bonds. The City may issue special obligation notes or bonds
216 (“CID Bonds”) (collectively, “Bonds”) to finance one or more
217 Projects. In no event shall special assessments be levied against
218 the City. The City will not provide credit enhancements for CID
219 Bonds; however, credit enhancement provided by an applicant will
220 be viewed favorably.

221 b. G.O. Bonds. The City discourages the use of full faith and credit
222 notes or bonds (G.O. Bonds) to finance a Project under this Act, but
223 may consider such action for that portion of a CID Project that is
224 exclusively for public improvements.

225 Prior to the issuance of any Bonds, the applicant must receive a
226 Certificate of Completion from the City. In addition, the applicant must
227 agree to certain disclosures required by the City and the Bond
228 underwriters and ensure that if necessary, such disclosure requirements
229 are included in all subsequent tenant leases and land sales within the
230 District.

231 4. Project Funds. A separate fund shall be created for each District and such
232 fund shall be identified by a suitable title (the “Fund”). CID sales tax
233 receipts, special assessments paid to the City under this Act, the proceeds
234 from the sale of Bonds, and any other moneys appropriated by the
235 Governing Body for the purpose of paying Project Costs, including the
236 principal and interest on the bonds issued pursuant to this Act shall be
237 credited to such Fund.

238 a. The Fund shall be solely used to pay the Costs of the Project either
239 through the issuance of Bonds or Pay-As-You-Go financing, and
240 shall be limited to approved costs included in the ordinance
241 authorizing the Project or in the Development Agreement.

242 b. Reimbursement of approved Costs may only be made after a
243 Certificate of Completion has been issued by the City.

244 c. In the event moneys remain in the Fund after the expiration of the
245 CID sales tax, such moneys shall continue to be used solely to pay
246 the Cost of the Project. Upon payment of all Project Costs and
247 principal and interest on any bonds issued for such District, the City
248 has the authority to terminate the CID and spend any moneys
249 remaining in such Fund for the purposes for which local sales tax
250 receipts may be spent.

251 5. Fees. When submitting its application the applicant shall pay a non-
252 refundable application fee to cover City expenses associated with
253 reviewing and processing the CID request. The City shall also require the
254 applicant to reimburse all costs incurred by the City for additional legal,
255 financial, planning and engineering consultants, for direct out-of-pocket

 RES/CID Policy 2/3/25 6
256 expenses, and for other costs relating to services rendered for the City to
257 review, evaluate, process and consider the petition for a CID. If bonds are
258 requested and subsequently approved by the City the applicant shall also
259 be responsible for all costs of issuance associated therewith. The
260 applicant shall also be responsible for paying an annual administrative fee
261 to cover the cost of monitoring and administering the CID. Fee amounts
262 shall be set out in the CID Procedures as described in Section

263 SECTION V. PROCEDURES.
264
265 City staff shall develop procedures for processing CID applications and filing CID
266 petitions, in addition to such other matters such as the establishment of fees. Such
267 procedures shall be approved, and amended as appropriate, by the City Manager.
268
269 SECTION VI. STATUTORY AMENDMENTS; CONFLICT WITH STATE LAW.
270
271 Any amendment to the Act or any statute cited herein or used as a source of authority
272 for development of the City’s CID Policy shall apply without the need to modify or
273 amend this Policy. If any part of this policy conflicts with state law, the latter shall
274 control.

275 SECTION VII. EFFECTIVE DATE.
276
277 This CID Policy shall take effect upon passage by the Governing Body.

278 SECTION VIII. RESPONSIBILITY FOR ENFORCEMENT.
279
280 The City Manager shall be responsible for the enforcement of this Policy.
281
282 NOW, THEREFORE BE IT FURTHER RESOLVED that Resolution No. 8392 is

283 hereby rescinded.

284 ADOPTED and APPROVED by the Governing Body on _______________.

285 CITY OF TOPEKA, KANSAS
286
287
288
289
290 Michael A. Padilla, Mayor
291
292 ATTEST:
293
294
295
296 ______________________________
297 Brenda Younger, City Clerk

 RES/CID Policy 2/3/25 7
 COMMITTEE REFERRAL SHEET
 COMMITTEE REPORT

 Name of Policy & Finance
 Committee:

 Title: Resolution: Tax Increment Financing (TIF) District,
 Community Improvement District (CID), and Reinvestment
 Incentive Housing District (RHID) policies and procedures.

Date referred
from Council
 meeting:

Date referred January 28, 2025
 from
 Committee:

  Committee MOTION: Committee chair Duncan made a motion to
 Action: approve the Tax Increment Financing (TIF) District,
 Community Improvement District (CID), and Reinvestment
 Incentive Housing District (RHID) policies and procedures
 amendments. Committee member Miller seconded.
 Approved 3-0-0.


  Comments:



 Members of Councilmembers Spencer Duncan (Chair), Marcus Miller,
 Committee: Michelle Hoferer
Agenda Date February 18, 2025
 Requested:
 CITY OF TOPEKA
 CITY COUNCIL Tonya Bailey, Sr Executive Assistant
 City Hall, 215 SE 7th St., Room 255 Tara Jefferies, Sr Executive Assistant
 Topeka, KS 66603-3914 E-mail: councilassist@topeka.org
 (785) 368-3710 www.topeka.org


 EXCERPT
 HOLLIDAY 1st FLOOR CONFERENCE ROOM, Topeka, Kansas, Tuesday, January 28,
2025. The Policy & Finance Committee members met at 1:00 P.M., with the following
Committee members present: Duncan (Chair), Marcus Miller, Michelle Hoferer.

 The following is an excerpt of the draft minutes from the meeting:

APPROVAL by the Committee for RESOLUTION authorizing Tax Increment Financing (TIF)
District, Community Improvement District (CID), and Reinvestment Incentive Housing District
(RHID) policy and procedure amendments.


Tax Increment Financing (TIF) District, Community Improvement District (CID), and
Reinvestment Incentive Housing District (RHID) policies and procedures.

City Attorney Amanda Stanley and Planning & Development Director Rhiannon Friedman both
spoke to the presentation of Tax Increment Financing (TIF) District, Community Improvement
District (CID), and Reinvestment Incentive Housing District (RHID) policies and procedures.
The purpose is to bring a uniform approach across the various City of Topeka incentive programs
and their structures.

 • Funding Agreement: (1) CID; adding funding agreement of $25,000 that will align with
 TIF & RHID. (2) TIF; the addition of any Engineering Fees to reimbursable items under
 funding agreement. (3) RHID; modify the policy to have the funding agreement signed
 once the project plan is submitted before further analysis is competed.
 • Application Fees: the CID procedure will increase the CID application fee from $1,500 to
 $5,000 putting it in alignment with both TIF and RHID programs.
 • Signage: CID will have additional language requiring signage to be displayed in each
 business within the CID sales tax district.
 • Affordable Housing: TIF will have additional language to the program goals adding in
 creation of affordable housing.
 • Provisions & Policy Guidelines: CID- would have an additional requirement of
 certification that neither the developer entity nor  any of its
 shareholders/partners/members is delinquent on its property tax or special assessment
 payments on any property it owns or controls in Shawnee County.



Presented at the February 18, 2025 Governing Body Meeting
 • Review Committee: Adjust to have the Review Committee include the following:
 Assistant City Manager, Chief Financial Officer, Director of Public Works, Director of
 Planning & Development, and the City Attorney, or their designees.
 • RHID terminology- adjust the language to Application & Project Plan.

Committee chair Spencer Duncan spoke to the signage size. He believes when a consumer goes
into a business there should be clear signage displayed to allow the public to know the tax
percentage. There was support for the signage to be smaller than 8.5 inches by 11 inches.

Committee member Miller expressed his concern if the sign information would persuade the
public from going into a business.

Council member Valdivia-Alcala expressed the importance of transparency for consumers to
understand the tax programs.

Committee chair Duncan spoke to the requirements for a traffic study and questioned who is
responsible for conducting. Planning & Development Director Rhiannon Friedman spoke to the
guidelines that call out a project that would be subject to a traffic study analysis.

City Attorney Amanda Stanley added the request to add language for Deputy City Manager or
Assistant City Manager.

Committee member Michelle Hoferer inquired about the application process. City Attorney
Amanda Stanley and Planning & Development Director Rhiannon Friedman provided a general
example of the application process.

Council member Miller questioned if the TIF Public Hearing portion makes it hard to keep
consistent with the RHID deadline. City Attorney Amanda Stanley confirmed that they each
have different requirements and staff is able to keep it all consistent and stay organized.

MOTION: Committee Chair Duncan made a motion to approve the Tax Increment Financing
(TIF) District, Community Improvement District (CID), and Reinvestment Incentive Housing
District (RHID) policies and procedure amendments. Committee member Miller seconded.
Approved 3-0-0.




 ***************************




Presented at the July 18, 2023 Governing Body Meeting Page 2
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 February 18, 2025


DATE: February 18, 2025
CONTACT PERSON: Amanda Stanley, City DOCUMENT #:
 Attorney
SECOND PARTY/SUBJECT: Tax Increment PROJECT #:
 Financing (TIF) District
 Policy
CATEGORY/SUBCATEGORY 020 Resolutions / 005 Miscellaneous
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

RESOLUTION introduced by City Manager Dr. Robert Perez amending the City of Topeka's policy for
Tax Increment Financing Districts and rescinding Resolution No. 9016. (Policy & Finance Committee
recommended approval on January 28, 2025.)
Voting Requirement: Action requires at least six (6) votes of the Governing Body.

(Approval of the proposed amendments would provide for a more uniform approach to the current TIF policy
and procedure.)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the resolution.
BACKGROUND:
The purpose of the amendments is to bring a more uniform approach across the Tax Increment Financing (TIF)
District, Community Improvement District (CID), and Reinvestment Incentive Housing District (RHID) policies
and procedures.
On January 28, 2025, the Policy & Finance Committee recommended approval of the policy by the Governing
Body.

BUDGETARY IMPACT:
There is no budgetary impact to implement the policy.
SOURCE OF FUNDING:
Not Applicable

ATTACHMENTS:
Description
Proposed Resolution TIF Policy (REDLINED Version)
Presentation - TIF/CID/RHID Policy & Procedures Update
Proposed Resolution TIF Policy (CLEAN Version)
P&F Committee Referral Report (January 28, 2025)
P&F Committee Excerpt (January 28, 2025)
 1 RESOLUTION NO. 9016
 2 A RESOLUTION INTRODUCED BY CITY MANAGER BRENT TROUT
 3 ESTABLISHING THE CITY OF TOPEKA’S POLICY FOR TAX INCREMENT
 4 FINANCING.
 5 WHEREAS, the City of Topeka, Kansas (the “City”) recognizes that it is essential to stimulate
 6 economic growth and development of new commercial enterprise in order to provide services,
 7 employment and tax revenues for the benefit of the community; and
 8
 9 WHEREAS, it is further recognized that the stimulation of balanced economic development is a
10 joint responsibility of the private and public sectors, working closely together to create a positive
11 business environment and induce commercial development and expansion in the City; and
12
13 WHEREAS, the economic development program goals of the City include economic
14 diversification, broadening of the property tax base, stimulation of private investment,
15 enhancement and support of new development, creation and quality employment opportunities,
16 and increased per capita income, and creation of affordable housing; and
17
18 WHEREAS, to meet these economic development goals, the City recognizes the need to
19 occasionally assist in the redevelopment of property located within the City by the creation of
20 Tax Increment Financing (“TIF”) redevelopment districts; an economic development vehicle
21 established by K.S.A. 12-1770 et seq. for the financing of qualified redevelopment projects; and
22
23 WHEREAS, the City finds it in the best interest of the public it serves to establish certain
24 policies and guidelines for the consideration of proposals that may be presented to the City by
25 private developers requesting TIF assistance; and
26
27 WHEREAS, all prospective TIF projects must be carefully evaluated by the City because the
28 character of tax revenues generated by different developments can vary widely, and in most
29 cases will impact other taxing jurisdictions in the Topeka community; and
30
31 WHEREAS, the City desires to use TIF for projects that demonstrate the highest public benefit
32 by eliminating blight, financing desirable public improvements, strengthening the employment
33 and economic base, increasing property values, reducing poverty, creating economic stability,
34 upgrading older neighborhoods, increasing affordable housing, facilitating economic self-
35 sufficiency, and implementing the Comprehensive Plan and economic development goals of the
36 City; and
37
38 WHEREAS, each TIF application submitted to the City will be evaluated on its own merits, and
39 an evaluation of the proposal will be performed by a TIF Committee comprised of City staff
40 and/or consultants; and
41
42 WHEREAS, all projects must demonstrate financial and economic reasons such that but for TIF
43 assistance, conditions of blight, extenuating circumstances regarding the site, location, or other
44 factors preclude the viability of project.
45

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46 NOW, THEREFORE, THE TAX INCREMENT FINANCING REDEVELOPMENT
47 DISTRICT POLICY FOR THE CITY OF TOPEKA, KANSAS WILL BE AS FOLLOWS:
48
49 SECTION ONE: GENERAL POLICY STATEMENT.
50 1. It shall be the policy of the City to consider creation of a one or more TIF redevelopment
51 districts, each hosting one or more qualifying TIF redevelopment projects.
52 2. It is the policy of the City to consider the judicious use of TIF for projects that
53 demonstrate a substantial and significant public benefit by constructing public
54 improvements in support of developments that will, by creating new jobs and retaining
55 existing employment, eliminate blight, strengthen the employment and economic base of
56 the City, increase property values and tax revenues, reduce poverty, create economic
57 stability, upgrade older neighborhoods, increase affordable housing, facilitate economic
58 self-sufficiency, promote projects that are of community wide importance, diversify the
59 City’s tax base and implement the Comprehensive Plan and/or economic development
60 goals of the City.
61 3. The City will use care in the employment of TIF by thoroughly evaluating each proposed
62 TIF redevelopment project to ensure that there is an appropriate balance between the
63 benefits that will accrue from the approval of TIF and the corresponding costs, and that
64 they are equitable to the City as a whole.
65 4. The City may unilaterally initiate the creation of a TIF redevelopment district which may
66 contain a TIF redevelopment project plan or plans, or the City may respond to a third-
67 party request to create such district and related project plan or plans.
68 5. The City will charge a TIF application and an administrative service fee as set forth in
69 this policy.
70 6. It shall be the policy of the City to give priority considerations to TIF applications that
71 request only pay-as-you-go-financing.
72
73 SECTION TWO: POLICY GUIDELINES (TIF DISTRICTS). The following criteria are to
74 be used by members of the City’s TIF Committee, with input from appropriate staff, to evaluate
75 applications for the creation of a TIF redevelopment district:
76
77 1. The City seeks to avoid the creation of single-parcel TIF redevelopment districts,
78 preferring instead to encourage the redevelopment of larger scale projects that positively
79 impact multiple land uses and bring economic activity to surrounding neighborhoods.
80
81 2. For third-party requests to create TIF redevelopment districts, the City will not consider
82 creation of a TIF district unless the applicant certifies that it intends to submit a
83 Redevelopment Plan and begin negotiating a Redevelopment Agreement within sixty
84 (60) days of creation of the TIF district. Thereafter, the City will require satisfactory
85 assurance that the project will be completed in a timely manner in accordance with the
86 Redevelopment Plan and Agreement.
87
88 3. Within fifteen (15) business days of a third-party making application for the creation of a
89 TIF redevelopment district, such third-party shall execute the City’s standard Funding
90 Agreement and deposit with the City, in immediately available funds, $2530,000 to cover
91 the City’s costs of evaluating such request which may include, but not necessarily be

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 92 limited to, direct costs of the City’s financial and legal advisors on TIF and direct costs of
 93 outside consultants on TIF. The Funding Agreement shall provide that if the balance of
 94 such deposit declines below $10,000 at any point in time, the applicant shall restore such
 95 balance to $2530,000 within ten (10) business days by making a subsequent deposit with
 96 the City in immediately available funds.
 97
 98 Should the applicant withdraw its application, the City will use its best efforts to refund
 99 any unused balance of the deposit to the applicant within thirtyten (310) business days.
100
101 The applicant may seek reimbursement from TIF proceeds (if any) for any such City
102 costs charged against the deposit.
103
104 SECTION THREE: POLICY GUIDELINES (TIF PROJECT PLANS). The following
105 criteria are to be used by members of the City’s TIF Committee, with input from appropriate
106 staff, to evaluate applications for the creation of a TIF project plan within a TIF redevelopment
107 district:
108
109 1. Each TIF project plan application must demonstrate that “but-for” the use of TIF, the
110 project is not feasible and would not be completed without the proposed TIF assistance.
111 The City (through staff or its advisors and consultants; and at its sole discretion) will
112 conduct the but-for analysis and the applicant shall be responsible for providing all
113 information reasonably requested by the City to conduct such analysis.
114
115 The City’s but-for requirement is a greater burden than the statutory burden for approval
116 of a TIF project plan. The City shall, in its reasonable discretion, select the calculation
117 methodology for such but-for analysis but it shall generally compare the return of the
118 project and/or its developer taking into account TIF and other incentives against market
119 rates of return for similar projects developed on “greenfield” sites (that is, those without
120 the physical and legal impediments leading to the request for TIF). The but-for analysis
121 will use time value of money discounting using reasonable assumptions (at the discretion
122 of the City).
123
124 The but-for analysis shall take into account all incentives requested by the developer
125 from any governmental or other source (such as GO Topeka), not just those benefits
126 provided by the TIF.
127
128 The City will generally seek to target a level of TIF incentive sufficient to provide the
129 applicant with a market rate of return, including the effects of the incentives, but the City,
130 at its discretion, may choose to provide a greater rate of return to the applicant in
131 exchange for extraordinary benefits to the public.
132
133 The City will provide priority consideration for projects where less than twenty percent
134 (20%) of the project’s costs (excluding any interest on private financing) are expected to
135 be paid from public incentives.
136
137 2. Each TIF project plan application must include evidence that the applicant:

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138 a. Has a complete capital stack established with sources and uses in balance;
139 b. Has the financial ability to complete the project, on time, as proposed;
140 c. Has a firm, demonstrable commitment from a lending institution(s) for any
141 private borrowing required to complete the project;
142 d. Has the financial wherewithal to make the equity contribution to the project
143 required to secure such borrowing(s);
144 e. Has a reasonable basis for its project cost estimates, with preference provided to
145 applications that include professionally-estimated project costs; and
146 f. Has the capacity, for itself or through experienced operators, to operate the project
147 profitably over its lifecycle.
148
149 The City will generally agree to permit the applicant to provide sensitive financial
150 information to the City’s advisors or legal counsel on the City’s behalf under non-
151 disclosure agreement; provided, however, that such advisors or legal counsel must have
152 the right under such agreement to convey their conclusions about the applicant’s ability
153 to meet the requirements above based upon its review.
154
155 3. The City places priority on TIF redevelopment districts in areas of greatest need such as
156 any approved neighborhood revitalization area, redevelopment planning area, and/or
157 other similar areas where significant public/private investment has been directed
158 consistent with the infill growth policies of the comprehensive plan.
159
160 4. The City will give preference to TIF project plan applications which request
161 reimbursement of eligible project costs solely from the incremental real property taxes
162 generated by the TIF project. Should an applicant request reimbursement of eligible
163 project costs from the City’s one percent (1%) general sales tax or other locally-levied
164 taxes or fees, the applicant shall demonstrate the necessity of including such other
165 locally-levied taxes or fees.
166
167 5. The City will give preference to TIF project plan applications that do not seek one
168 hundred percent (100%) capture of incremental real property taxes or other locally-levied
169 taxes or fees and/or that provide tangible, immediate public benefits (such as constructing
170 high-priority infrastructure at the project’s cost, producing high-wage jobs, making
171 quality jobs available in highly-distressed neighborhoods, etc.).
172
173 6. The applicant will include in its TIF project plan application a uses-by-source-of-funding
174 schedule illustrating the project costs that will be reimbursed from TIF and any other
175 incentive program (public or private) for which the applicant has or plans to apply.
176
177 7. If businesses are to be relocated from other areas of the city to the proposed TIF project
178 plan area, the applicant must provide sufficient justification to indicate why the City
179 should subsidize such relocation.
180
181 8. The City may reasonably request of the applicant, at the applicant’s cost, a thorough,
182 third-party market analysis identifying: (1) the likelihood of success of the business mix
183 proposed for the TIF project plan area; and (2) the potential economic impacts on existing

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184 businesses and corresponding tax revenues should the TIF project plan develop as
185 proposed.
186
187 9. The applicant and/or developer must demonstrate that all real property taxes and
188 assessments currently due on any real property owned by the applicant and located within
189 the City limits have been paid and, furthermore, that the applicant is not indebted to the
190 City. If the applicant is a business entity, this requirement will apply to any owner,
191 member, or partner. If the applicant is a corporation, this requirement will apply to any
192 shareholder holding a five (5) percent or greater interest.
193
194 10. Each TIF redevelopment project plan approved will expire not later than the 20th
195 anniversary of the date upon which the Topeka Governing Body takes action to approve
196 such project plan.
197
198 SECTION FOUR: DEVELOPMENT AGREEMENT. Concurrent with the City’s review of
199 an application for a TIF project plan, the City will negotiate a Development Agreement to be
200 considered and adopted by the Topeka Governing Body concurrent with its consideration of
201 approval of the TIF project plan. Among other things, the Development Agreement will provide
202 for:
203
204 1. A minimum private expense requirement for the developer and maximum permitted
205 reimbursement amount to the developer.
206 2. Specific developer performance requirements, corresponding to the proposed
207 improvements provided in the TIF project plan application.
208 3. Consequences for developer non-performance, including reductions in the amount of
209 incentives available, reductions in the maximum permitted reimbursement amount and/or
210 acceleration of the date of expiration of the TIF.
211 4. The mechanics for reimbursement of TIF-eligible expenses.
212 5. The mechanics for establishing base year values for non-ad valorem taxes captured by the
213 TIF.
214 6. Payment-in-lieu-of-tax requirements if applicableCharges for city services provided to
215 the Developer.
216 7. Conditions under which the applicant could request the City issue special obligation TIF
217 bonds on its behalf.
218
219 SECTION FIVE: FEES.
220
221 City Cost Reserve
222 At the point in time of an application for TIF redevelopment district is initiated by a third-party,
223 such applicant shall deposit $2530,000 with the City (as provided in Section Two herein) to
224 cover the City’s Application Fee and its direct costs (including costs related to its outside
225 advisors, consultants and counsel) associated with the review and evaluation of the application
226 for a TIF redevelopment district, the review and evaluation of the application for the initial TIF
227 project plan or plans and the negotiation of the Development Agreement.
228



 5
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229 Should an applicant make application within an existing TIF redevelopment district for a new or
230 modified TIF project plan, it shall similarly deposit $2530,000 with the City to cover the costs of
231 such review.
232
233 The City shall return any balance from this reserve upon the applicant’s withdrawal of all
234 applications then pending, or the conclusion of the approval processes.
235
236 Costs charged to the reserve are TIF eligible costs to the extent permitted by law.
237
238 Application Fee
239 The City shall charge a non-refundable application fee, paid from the City Cost Reserve, for each
240 application as follows:
241
242 Application to create or modify a TIF redevelopment district $5,000
243 The application fee is a TIF eligible cost.
244
245 TIF Administration Service Fee
246 During the life of the TIF, the City will charge an administrative fee of two percent (2%) against
247 the tax increment generated from the project prior to disbursement of the increment to the
248 developer or bond trustee to cover the administrative costs incurred by the City for the
249 administration of, and other City costs associated with each approved TIF Project. Such
250 administrative service fee shall be in addition to the TIF application fee and any other fees
251 associated with the TIF Project.
252
253 Additional Costs
254 City bond issuance costs will be paid from proceeds of TIF bonds issued.
255
256 City-Initiated Developments
257 The City reserves the right, at its sole discretion, to reduce or waive the above fees if a
258 redevelopment project is City initiated and/or it is determined to be in the best interest of the City
259 to do so.
260
261 SECTION SIX: DESIGN CRITERIA. Development proposals under a TIF application are
262 expected to meet the “highest development standards” as outlined by the City’s adopted
263 development policies for commercial, industrial, multi-family, and mixed use buildings, as well
264 as all Design Guidelines adopted by the Topeka Planning Commission and Governing Body.
265 Development proposals are expected to demonstrate innovative design with human scale that
266 exceeds the design standards of conventional development throughout the City. A TIF project
267 requires the use of high quality building materials, noteworthy architectural design and site
268 design to achieve visual interest, provide human scale, place a premium on developing land in
269 harmony with existing natural features, and enhance the value and function of adjacent
270 properties.
271
272 All TIF projects will be required to utilize a Planned Unit Development and will include strict
273 architectural, site, and landscape design requirements. In addition, the redevelopment plan and
274 agreement, development review process, and zoning ordinances will establish land use controls,

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 Revised for 2/20/20181/28/2025
275 allowed uses and materials, traffic improvements, environmental preservation areas and other
276 design criteria to ensure the development will achieve the highest development standards
277 possible.
278
279 The TIF project shall be compatible with the Comprehensive Plan of the City and the availability
280 of existing infrastructure facilities and essential public services. The compatibility of the TIF
281 project with land use and development plans of the City and the availability of existing
282 infrastructure facilities and essential public services will be a consideration. The project must be
283 environmentally acceptable to the location intended as well as the surrounding area. Preference
284 will be given to businesses that do their own pre-treatment or do not require extensive
285 environmental controls. The proposed use must be clean, nonpolluting, and consistent with all
286 policies, ordinances, and codes. The applicant must provide a traffic study on any projected
287 traffic impact increase on the City based upon future growth.
288
289 SECTION SEVEN: METHOD OF FINANCING.
290 The City’s general policy is that development should pay for itself. As a result, the City will
291 consider general obligation or general fund support of TIF bonds only in extraordinary cases and
292 typically only on City-initiated projects.
293 1. The City will give priority considerations to TIF applications that request only pay-as-
294 you-go financing.
295 2. For third-party applications, the City will generally not consider full faith and credit TIF
296 bonds or TIF bonds with other City credit enhancements.
297 3. The City will consider providing the applicant with the right to seek permit issuance of
298 “special obligation” bonds (i.e. supported solely from TIF revenues) in the City’s sole
299 discretion. The City may include in the development agreement specific conditions
300 precedent to this right becoming available (minimum leasing commitments, minimum
301 revenue thresholds, etc.).
302 4. The City’s financial advisor will manage the bond issuance process on the City’s behalf,
303 including advising the City on the selection of members of the bond financing deal team
304 (to include, but not be limited to, underwriters, trustees, feasibility consultants, etc.).
305 5. The City’s bond counsel will serve as bond counsel on all TIF bond transactions.
306 6. For any bond financing, all City fees for itself, its counsel and advisors, will paid from
307 TIF bond proceeds (or by the applicant through an equity contribution to the financing).
308 7. For any special obligation bond financing, the City may request up to $50,000 to cover its
309 staff costs involved in preparing and managing the financing. Additionally, the City will
310 charge to the TIF fund an additional one percent (1%) annually on all TIF collections for
311 ongoing administration of the bonds.
312 8. If required by bond counsel, the applicant agrees to be a party to the tax compliance
313 agreement and/or continuing disclosure agreement (if applicable) on any TIF bond
314 transaction.
315
316 SECTION EIGHT: AUTHORITY OF GOVERNING BODY. The Governing Body reserves
317 the right to deviate from any policy, but not any procedure set forth in state law, when it
318 considers such action to be of exceptional benefit to the City or extraordinary circumstances
319 prevail that are in the best interests of the City.
320


 7
 Revised for 2/20/20181/28/2025
321 SECTION NINE: EFFECTIVE DATE. This Resolution shall take effect __________, 2018.
322
323 ADOPTED and APPROVED by the Governing Body on ______________, 2018.
324
325
326 CITY OF TOPEKA, KANSAS
327
328
329 __________________________
330 Michelle De La Isla, Mayor
331 ATTEST:
332
333
334 _____________________________
335 Brenda Younger, City Clerk




 8
 Revised for 2/20/20181/28/2025
 TIF/CID/RHID
Policy & Procedure
 Updates
Purpose 2


Outlined in this presentation are key updates and changes
being proposed for our Tax Increment Financing (TIF)
District, Community Improvement District (CID), and
Reinvestment Incentive Housing District (RHID) policies and
procedures.

The purpose of this is to bring a uniform approach across
our various City of Topeka incentive programs and their
structure.
Changes 3


Funding Agreement
• CID – Adding funding agreement of $25,000 that will align with TIF
 & RHID. This allows for funding to cover the City’s cost for financial
 and legal advisors and direct costs of outside consultants
 including, but not limited to, civil engineers and traffic engineers.
• TIF – Addition of any Engineering Fees to reimbursable items under
 funding agreement. Covering review of plans and traffic impact
 studies.
• RHID - language was added spelling out the timeline to enter into
 a funding agreement with the City within 15 days of receipt of the
 complete Housing Development Plan allowing the City access to
 sufficient funds to cover the City’s cost in analyzing the proposed
 Housing Development Plan.
Changes 4


Application Fees
• The proposed change to the CID procedure will increase
  the CID application fee from $1,500 to $5,000 putting it in
  alignment with both TIF and RHID programs.
Changes 5


Signage
• CID – Addition of language requiring signage to be
 displayed in each business within the CID sales tax
 district.
 • Prominently at each public entrance for duration of the CID
 sales tax collection.
 • The font size of the printed message shall be at least 18 pt.
 • The sign shall be a minimum size of 4 inches square.
Changes 6


Affordable Housing
• TIF – Additional language to the program goals adding in
 creation of affordable housing and any efforts to
 increase affordable housing.
Changes 7


Provisions & Policy Guidelines
• CID – Additional requirement of certification that neither
 the developer entity nor any of its
 shareholders/partners/members is delinquent on its
 property tax or special assessment payments on any
 property it owns or controls in Shawnee County.
• This language already exists in both TIF & RHID policies.
Changes 8


Review Committee
• CID & TIF – Adjustment to have Review Committee
  include the following: Assistant City Manager, Chief Financial Officer,
 Director of Public Works, Director of Planning & Development, and the City
 Attorney, or their designees. The committee may also include City staff and
 individual designated by the City Manager, including but not limited to the
 Utilities Director, City’s bond counsel and City financial advisor.
• This is consistent with the RHID policy for internal staff and
  external advisors and counsel.
Changes 9


RHID Language
• Updates have been made changing language to District
 Application and Housing Development Plan. This change helps
 provide a clear distinction in the two steps of the application
 process.
 1 RESOLUTION NO. _______
 2 A RESOLUTION introduced by City Manager Dr. Robert M. Perez amending
 3 the City of Topeka’s policy for Tax Increment Financing
 4 Districts and rescinding Resolution No. 9016.
 5 WHEREAS, the City of Topeka, Kansas (the “City”) recognizes that it is essential
 6 to stimulate economic growth and development of new commercial enterprise in order to
 7 provide services, employment and tax revenues for the benefit of the community; and
 8
 9 WHEREAS, it is further recognized that the stimulation of balanced economic
10 development is a joint responsibility of the private and public sectors, working closely
11 together to create a positive business environment and induce commercial development
12 and expansion in the City; and
13
14 WHEREAS, the economic development program goals of the City include
15 economic diversification, broadening of the property tax base, stimulation of private
16 investment, enhancement and support of new development, creation and quality
17 employment opportunities, and increased per capita income, and creation of affordable
18 housing; and
19
20 WHEREAS, to meet these economic development goals, the City recognizes the
21 need to occasionally assist in the redevelopment of property located within the City by the
22 creation of Tax Increment Financing (“TIF”) redevelopment districts; an economic
23 development vehicle established by K.S.A. 12-1770 et seq. for the financing of qualified
24 redevelopment projects; and
25
26 WHEREAS, the City finds it in the best interest of the public it serves to establish
27 certain policies and guidelines for the consideration of proposals that may be presented
28 to the City by private developers requesting TIF assistance; and
29
30 WHEREAS, all prospective TIF projects must be carefully evaluated by the City
31 because the character of tax revenues generated by different developments can vary
32 widely, and in most cases will impact other taxing jurisdictions in the Topeka community;
33 and
34
35 WHEREAS, the City desires to use TIF for projects that demonstrate the highest
36 public benefit by eliminating blight, financing desirable public improvements,
37 strengthening the employment and economic base, increasing property values, reducing
38 poverty, creating economic stability, upgrading older neighborhoods, increasing
39 affordable housing, facilitating economic self-sufficiency, and implementing the
40 Comprehensive Plan and economic development goals of the City; and
41
42 WHEREAS, each TIF application submitted to the City will be evaluated on its own
43 merits, and an evaluation of the proposal will be performed by a TIF Committee comprised
44 of City staff and/or consultants; and
45


 RES/TIF Policy 2/3/2025 1
46 WHEREAS, all projects must demonstrate financial and economic reasons such
47 that but for TIF assistance, conditions of blight, extenuating circumstances regarding the
48 site, location, or other factors preclude the viability of project.
49
50 NOW, THEREFORE, BE IT RESOLVED THAT THE TAX INCREMENT

51 FINANCING REDEVELOPMENT DISTRICT POLICY FOR THE CITY OF TOPEKA,

52 KANSAS WILL BE AS FOLLOWS:

53 CITY OF TOPEKA
54 TAX INCREMENT FINANCING DISTRICT (“TIF”) POLICY
55
56 SECTION ONE: GENERAL POLICY STATEMENT.
57
58 1. It shall be the policy of the City to consider creation of a one or more TIF
59 redevelopment districts, each hosting one or more qualifying TIF redevelopment
60 projects.
61 2. It is the policy of the City to consider the judicious use of TIF for projects that
62 demonstrate a substantial and significant public benefit by constructing public
63 improvements in support of developments that will, by creating new jobs and
64 retaining existing employment, eliminate blight, strengthen the employment and
65 economic base of the City, increase property values and tax revenues, reduce
66 poverty, create economic stability, upgrade older neighborhoods, increase
67 affordable housing, facilitate economic self-sufficiency, promote projects that are
68 of community wide importance, diversify the City’s tax base and implement the
69 Comprehensive Plan and/or economic development goals of the City.
70 3. The City will use care in the employment of TIF by thoroughly evaluating each
71 proposed TIF redevelopment project to ensure that there is an appropriate balance
72 between the benefits that will accrue from the approval of TIF and the
73 corresponding costs, and that they are equitable to the City as a whole.
74 4. The City may unilaterally initiate the creation of a TIF redevelopment district which
75 may contain a TIF redevelopment project plan or plans, or the City may respond
76 to a third-party request to create such district and related project plan or plans.
77 5. The City will charge a TIF application and an administrative service fee as set forth
78 in this policy.
79 6. It shall be the policy of the City to give priority considerations to TIF applications
80 that request only pay-as-you-go-financing.
81
82 SECTION TWO: POLICY GUIDELINES (TIF DISTRICTS).
83
84 The following criteria are to be used by members of the City’s TIF Committee, with input
85 from appropriate staff, to evaluate applications for the creation of a TIF redevelopment
86 district:
87
88 1. The City seeks to avoid the creation of single-parcel TIF redevelopment districts,
89 preferring instead to encourage the redevelopment of larger scale projects that

 RES/TIF Policy 2/3/2025 2
 90 positively impact multiple land uses and bring economic activity to surrounding
 91 neighborhoods.
 92
 93 2. For third-party requests to create TIF redevelopment districts, the City will not
 94 consider creation of a TIF district unless the applicant certifies that it intends to
 95 submit a Redevelopment Plan and begin negotiating a Redevelopment Agreement
 96 within sixty (60) days of creation of the TIF district. Thereafter, the City will require
 97 satisfactory assurance that the project will be completed in a timely manner in
 98 accordance with the Redevelopment Plan and Agreement.
 99
100 3. Within fifteen (15) business days of a third-party making application for the creation
101 of a TIF redevelopment district, such third-party shall execute the City’s standard
102 Funding Agreement and deposit with the City, in immediately available funds,
103 $25,000 to cover the City’s costs of evaluating such request which may include,
104 but not necessarily be limited to, direct costs of the City’s financial and legal
105 advisors on TIF and direct costs of outside consultants on TIF. The Funding
106 Agreement shall provide that if the balance of such deposit declines below $10,000
107 at any point in time, the applicant shall restore such balance to $25,000 within ten
108 (10) business days by making a subsequent deposit with the City in immediately
109 available funds.
110
111 Should the applicant withdraw its application, the City will use its best efforts to
112 refund any unused balance of the deposit to the applicant within thirty (30)
113 business days.
114
115 The applicant may seek reimbursement from TIF proceeds (if any) for any such
116 City costs charged against the deposit.
117
118 SECTION THREE: POLICY GUIDELINES (TIF PROJECT PLANS).
119
120 The following criteria are to be used by members of the City’s TIF Committee, with input
121 from appropriate staff, to evaluate applications for the creation of a TIF project plan within
122 a TIF redevelopment district:
123
124 1. Each TIF project plan application must demonstrate that “but-for” the use of TIF,
125 the project is not feasible and would not be completed without the proposed TIF
126 assistance. The City (through staff or its advisors and consultants; and at its sole
127 discretion) will conduct the but-for analysis and the applicant shall be responsible
128 for providing all information reasonably requested by the City to conduct such
129 analysis.
130
131 The City’s but-for requirement is a greater burden than the statutory burden for
132 approval of a TIF project plan. The City shall, in its reasonable discretion, select
133 the calculation methodology for such but-for analysis but it shall generally compare
134 the return of the project and/or its developer taking into account TIF and other
135 incentives against market rates of return for similar projects developed on
136 “greenfield” sites (that is, those without the physical and legal impediments leading

 RES/TIF Policy 2/3/2025 3
137 to the request for TIF). The but-for analysis will use time value of money
138 discounting using reasonable assumptions (at the discretion of the City).
139
140 The but-for analysis shall take into account all incentives requested by the
141 developer from any governmental or other source (such as GO Topeka), not just
142 those benefits provided by the TIF.
143
144 The City will generally seek to target a level of TIF incentive sufficient to provide
145 the applicant with a market rate of return, including the effects of the incentives,
146 but the City, at its discretion, may choose to provide a greater rate of return to the
147 applicant in exchange for extraordinary benefits to the public.
148
149 The City will provide priority consideration for projects where less than twenty
150 percent (20%) of the project’s costs (excluding any interest on private financing)
151 are expected to be paid from public incentives.
152
153 2. Each TIF project plan application must include evidence that the applicant:
154 a. Has a complete capital stack established with sources and uses in balance;
155 b. Has the financial ability to complete the project, on time, as proposed;
156 c. Has a firm, demonstrable commitment from a lending institution(s) for any
157 private borrowing required to complete the project;
158 d. Has the financial wherewithal to make the equity contribution to the project
159 required to secure such borrowing(s);
160 e. Has a reasonable basis for its project cost estimates, with preference
161 provided to applications that include professionally-estimated project costs;
162 and
163 f. Has the capacity, for itself or through experienced operators, to operate the
164 project profitably over its lifecycle.
165
166 The City will generally agree to permit the applicant to provide sensitive financial
167 information to the City’s advisors or legal counsel on the City’s behalf under non-
168 disclosure agreement; provided, however, that such advisors or legal counsel must
169 have the right under such agreement to convey their conclusions about the
170 applicant’s ability to meet the requirements above based upon its review.
171
172 3. The City places priority on TIF redevelopment districts in areas of greatest need
173 such as any approved neighborhood revitalization area, redevelopment planning
174 area, and/or other similar areas where significant public/private investment has
175 been directed consistent with the infill growth policies of the comprehensive
176 plan.
177
178 4. The City will give preference to TIF project plan applications which request
179 reimbursement of eligible project costs solely from the incremental real property
180 taxes generated by the TIF project. Should an applicant request reimbursement of
181 eligible project costs from the City’s one percent (1%) general sales tax or other
182 locally-levied taxes or fees, the applicant shall demonstrate the necessity of
183 including such other locally-levied taxes or fees.
184
 RES/TIF Policy 2/3/2025 4
185 5. The City will give preference to TIF project plan applications that do not seek one
186 hundred percent (100%) capture of incremental real property taxes or other locally-
187 levied taxes or fees and/or that provide tangible, immediate public benefits (such
188 as constructing high-priority infrastructure at the project’s cost, producing high-
189 wage jobs, making quality jobs available in highly-distressed neighborhoods, etc.).
190
191 6. The applicant will include in its TIF project plan application a uses-by-source-of-
192 funding schedule illustrating the project costs that will be reimbursed from TIF and
193 any other incentive program (public or private) for which the applicant has or plans
194 to apply.
195
196 7. If businesses are to be relocated from other areas of the city to the proposed TIF
197 project plan area, the applicant must provide sufficient justification to indicate why
198 the City should subsidize such relocation.
199
200 8. The City may reasonably request of the applicant, at the applicant’s cost, a
201 thorough, third-party market analysis identifying: (1) the likelihood of success of
202 the business mix proposed for the TIF project plan area; and (2) the potential
203 economic impacts on existing businesses and corresponding tax revenues should
204 the TIF project plan develop as proposed.
205
206 9. The applicant and/or developer must demonstrate that all real property taxes and
207 assessments currently due on any real property owned by the applicant and
208 located within the City limits have been paid and, furthermore, that the applicant is
209 not indebted to the City. If the applicant is a business entity, this requirement will
210 apply to any owner, member, or partner. If the applicant is a corporation, this
211 requirement will apply to any shareholder holding a five (5) percent or greater
212 interest.
213
214 10. Each TIF redevelopment project plan approved will expire not later than the 20 th
215 anniversary of the date upon which the Topeka Governing Body takes action to
216 approve such project plan.
217
218 SECTION FOUR: DEVELOPMENT AGREEMENT.
219
220 Concurrent with the City’s review of an application for a TIF project plan, the City will
221 negotiate a Development Agreement to be considered and adopted by the Topeka
222 Governing Body concurrent with its consideration of approval of the TIF project plan.
223 Among other things, the Development Agreement will provide for:
224
225 1. A minimum private expense requirement for the developer and maximum
226 permitted reimbursement amount to the developer.
227 2. Specific developer performance requirements, corresponding to the proposed
228 improvements provided in the TIF project plan application.
229 3. Consequences for developer non-performance, including reductions in the amount
230 of incentives available, reductions in the maximum permitted reimbursement
231 amount and/or acceleration of the date of expiration of the TIF.
232 4. The mechanics for reimbursement of TIF-eligible expenses.
 RES/TIF Policy 2/3/2025 5
233 5. The mechanics for establishing base year values for non-ad valorem taxes
234 captured by the TIF.
235 6. Charges for city services provided to the Developer.
236 7. Conditions under which the applicant could request the City issue special
237 obligation TIF bonds on its behalf.
238
239 SECTION FIVE: FEES.
240
241 City Cost Reserve
242 At the point in time of an application for TIF redevelopment district is initiated by a third-
243 party, such applicant shall deposit $25,000 with the City (as provided in Section Two
244 herein) to cover the City’s Application Fee and its direct costs (including costs related to
245 its outside advisors, consultants and counsel) associated with the review and evaluation
246 of the application for a TIF redevelopment district, the review and evaluation of the
247 application for the initial TIF project plan or plans and the negotiation of the Development
248 Agreement.
249
250 Should an applicant make application within an existing TIF redevelopment district for a
251 new or modified TIF project plan, it shall similarly deposit $25,000 with the City to cover
252 the costs of such review.
253
254 The City shall return any balance from this reserve upon the applicant’s withdrawal of all
255 applications then pending, or the conclusion of the approval processes.
256
257 Costs charged to the reserve are TIF eligible costs to the extent permitted by law.
258
259 Application Fee
260 The City shall charge a non-refundable application fee, paid from the City Cost Reserve,
261 for each application as follows:
262
263 Application to create or modify a TIF redevelopment district $5,000
264 The application fee is a TIF eligible cost.
265
266 TIF Administration Service Fee
267 During the life of the TIF, the City will charge an administrative fee of two percent (2%)
268 against the tax increment generated from the project prior to disbursement of the
269 increment to the developer or bond trustee to cover the administrative costs incurred by
270 the City for the administration of, and other City costs associated with each approved TIF
271 Project. Such administrative service fee shall be in addition to the TIF application fee and
272 any other fees associated with the TIF Project.
273
274 Additional Costs
275 City bond issuance costs will be paid from proceeds of TIF bonds issued.
276
277 City-Initiated Developments
278 The City reserves the right, at its sole discretion, to reduce or waive the above fees if a
279 redevelopment project is City initiated and/or it is determined to be in the best interest of
280 the City to do so.
 RES/TIF Policy 2/3/2025 6
281
282 SECTION SIX: DESIGN CRITERIA.
283
284 Development proposals under a TIF application are expected to meet the “highest
285 development standards” as outlined by the City’s adopted development policies for
286 commercial, industrial, multi-family, and mixed use buildings, as well as all Design
287 Guidelines adopted by the Topeka Planning Commission and Governing Body.
288 Development proposals are expected to demonstrate innovative design with human scale
289 that exceeds the design standards of conventional development throughout the City. A
290 TIF project requires the use of high quality building materials, noteworthy architectural
291 design and site design to achieve visual interest, provide human scale, place a premium
292 on developing land in harmony with existing natural features, and enhance the value and
293 function of adjacent properties.
294
295 All TIF projects will be required to utilize a Planned Unit Development and will include
296 strict architectural, site, and landscape design requirements. In addition, the
297 redevelopment plan and agreement, development review process, and zoning
298 ordinances will establish land use controls, allowed uses and materials, traffic
299 improvements, environmental preservation areas and other design criteria to ensure the
300 development will achieve the highest development standards possible.
301
302 The TIF project shall be compatible with the Comprehensive Plan of the City and the
303 availability of existing infrastructure facilities and essential public services. The
304 compatibility of the TIF project with land use and development plans of the City and the
305 availability of existing infrastructure facilities and essential public services will be a
306 consideration. The project must be environmentally acceptable to the location intended
307 as well as the surrounding area. Preference will be given to businesses that do their own
308 pre-treatment or do not require extensive environmental controls. The proposed use must
309 be clean, nonpolluting, and consistent with all policies, ordinances, and codes. The
310 applicant must provide a traffic study on any projected traffic impact increase on the City
311 based upon future growth.
312
313 SECTION SEVEN: METHOD OF FINANCING.
314
315 The City’s general policy is that development should pay for itself. As a result, the City
316 will consider general obligation or general fund support of TIF bonds only in extraordinary
317 cases and typically only on City-initiated projects.
318 1. The City will give priority considerations to TIF applications that request only pay-
319 as-you-go financing.
320 2. For third-party applications, the City will generally not consider full faith and credit
321 TIF bonds or TIF bonds with other City credit enhancements.
322 3. The City will consider providing the applicant with the right to seek permit issuance
323 of “special obligation” bonds (i.e. supported solely from TIF revenues) in the City’s
324 sole discretion. The City may include in the development agreement specific
325 conditions precedent to this right becoming available (minimum leasing
326 commitments, minimum revenue thresholds, etc.).
327 4. The City’s financial advisor will manage the bond issuance process on the City’s
328 behalf, including advising the City on the selection of members of the bond
 RES/TIF Policy 2/3/2025 7
329 financing deal team (to include, but not be limited to, underwriters, trustees,
330 feasibility consultants, etc.).
331 5. The City’s bond counsel will serve as bond counsel on all TIF bond transactions.
332 6. For any bond financing, all City fees for itself, its counsel and advisors, will paid
333 from TIF bond proceeds (or by the applicant through an equity contribution to the
334 financing).
335 7. For any special obligation bond financing, the City may request up to $50,000 to
336 cover its staff costs involved in preparing and managing the financing. Additionally,
337 the City will charge to the TIF fund an additional one percent (1%) annually on all
338 TIF collections for ongoing administration of the bonds.
339 8. If required by bond counsel, the applicant agrees to be a party to the tax
340 compliance agreement and/or continuing disclosure agreement (if applicable) on
341 any TIF bond transaction.
342
343 SECTION EIGHT: AUTHORITY OF GOVERNING BODY.
344
345 The Governing Body reserves the right to deviate from any policy, but not any procedure
346 set forth in state law, when it considers such action to be of exceptional benefit to the City
347 or extraordinary circumstances prevail that are in the best interests of the City.
348
349 NOW THEREFORE, BE IT FURTHER RESOLVED that Resolution No. 9016 is

350 hereby rescinded.

351 ADOPTED and APPROVED by the Governing Body on ____________________.
352
353
354 CITY OF TOPEKA, KANSAS
355
356
357
358 __________________________
359 Michael Padilla, Mayor
360 ATTEST:
361
362
363
364 _____________________________
365 Brenda Younger, City Clerk




 RES/TIF Policy 2/3/2025 8
 COMMITTEE REFERRAL SHEET
 COMMITTEE REPORT

 Name of Policy & Finance
 Committee:

 Title: Resolution: Tax Increment Financing (TIF) District,
 Community Improvement District (CID), and Reinvestment
 Incentive Housing District (RHID) policies and procedures.

Date referred
from Council
 meeting:

Date referred January 28, 2025
 from
 Committee:

  Committee MOTION: Committee chair Duncan made a motion to
 Action: approve the Tax Increment Financing (TIF) District,
 Community Improvement District (CID), and Reinvestment
 Incentive Housing District (RHID) policies and procedures
 amendments. Committee member Miller seconded.
 Approved 3-0-0.


  Comments:



 Members of Councilmembers Spencer Duncan (Chair), Marcus Miller,
 Committee: Michelle Hoferer
Agenda Date February 18, 2025
 Requested:
 CITY OF TOPEKA
 CITY COUNCIL Tonya Bailey, Sr Executive Assistant
 City Hall, 215 SE 7th St., Room 255 Tara Jefferies, Sr Executive Assistant
 Topeka, KS 66603-3914 E-mail: councilassist@topeka.org
 (785) 368-3710 www.topeka.org


 EXCERPT
 HOLLIDAY 1st FLOOR CONFERENCE ROOM, Topeka, Kansas, Tuesday, January 28,
2025. The Policy & Finance Committee members met at 1:00 P.M., with the following
Committee members present: Duncan (Chair), Marcus Miller, Michelle Hoferer.

 The following is an excerpt of the draft minutes from the meeting:

APPROVAL by the Committee for RESOLUTION authorizing Tax Increment Financing (TIF)
District, Community Improvement District (CID), and Reinvestment Incentive Housing District
(RHID) policy and procedure amendments.


Tax Increment Financing (TIF) District, Community Improvement District (CID), and
Reinvestment Incentive Housing District (RHID) policies and procedures.

City Attorney Amanda Stanley and Planning & Development Director Rhiannon Friedman both
spoke to the presentation of Tax Increment Financing (TIF) District, Community Improvement
District (CID), and Reinvestment Incentive Housing District (RHID) policies and procedures.
The purpose is to bring a uniform approach across the various City of Topeka incentive programs
and their structures.

 • Funding Agreement: (1) CID; adding funding agreement of $25,000 that will align with
 TIF & RHID. (2) TIF; the addition of any Engineering Fees to reimbursable items under
 funding agreement. (3) RHID; modify the policy to have the funding agreement signed
 once the project plan is submitted before further analysis is competed.
 • Application Fees: the CID procedure will increase the CID application fee from $1,500 to
 $5,000 putting it in alignment with both TIF and RHID programs.
 • Signage: CID will have additional language requiring signage to be displayed in each
 business within the CID sales tax district.
 • Affordable Housing: TIF will have additional language to the program goals adding in
 creation of affordable housing.
 • Provisions & Policy Guidelines: CID- would have an additional requirement of
 certification that neither the developer entity nor  any of its
 shareholders/partners/members is delinquent on its property tax or special assessment
 payments on any property it owns or controls in Shawnee County.



Presented at the February 18, 2025 Governing Body Meeting
 • Review Committee: Adjust to have the Review Committee include the following:
 Assistant City Manager, Chief Financial Officer, Director of Public Works, Director of
 Planning & Development, and the City Attorney, or their designees.
 • RHID terminology- adjust the language to Application & Project Plan.

Committee chair Spencer Duncan spoke to the signage size. He believes when a consumer goes
into a business there should be clear signage displayed to allow the public to know the tax
percentage. There was support for the signage to be smaller than 8.5 inches by 11 inches.

Committee member Miller expressed his concern if the sign information would persuade the
public from going into a business.

Council member Valdivia-Alcala expressed the importance of transparency for consumers to
understand the tax programs.

Committee chair Duncan spoke to the requirements for a traffic study and questioned who is
responsible for conducting. Planning & Development Director Rhiannon Friedman spoke to the
guidelines that call out a project that would be subject to a traffic study analysis.

City Attorney Amanda Stanley added the request to add language for Deputy City Manager or
Assistant City Manager.

Committee member Michelle Hoferer inquired about the application process. City Attorney
Amanda Stanley and Planning & Development Director Rhiannon Friedman provided a general
example of the application process.

Council member Miller questioned if the TIF Public Hearing portion makes it hard to keep
consistent with the RHID deadline. City Attorney Amanda Stanley confirmed that they each
have different requirements and staff is able to keep it all consistent and stay organized.

MOTION: Committee Chair Duncan made a motion to approve the Tax Increment Financing
(TIF) District, Community Improvement District (CID), and Reinvestment Incentive Housing
District (RHID) policies and procedure amendments. Committee member Miller seconded.
Approved 3-0-0.




 ***************************




Presented at the July 18, 2023 Governing Body Meeting Page 2
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 February 18, 2025


DATE: February 18, 2025
CONTACT PERSON: Amanda Stanley, City DOCUMENT #:
 Attorney
SECOND PARTY/SUBJECT: Rural Housing Incentive PROJECT #:
 District (RHID) Policy
CATEGORY/SUBCATEGORY 020 Resolutions / 005 Miscellaneous
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

RESOLUTION introduced by City Manager Dr. Robert M. Perez amending City of Topeka's policy for
Reinvestment Housing Incentive Districts and rescinding Resolution Nos. 9379 and 9452. (Policy &
Finance Committee recommended approval on January 28, 2025.)

Voting Requirement: Action requires at least six (6) votes of the Governing Bod.

(Approval of the proposed amendments provides for a more uniform approach to the current RHID policy and
procedure.)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the resolution.
BACKGROUND:
The purpose of the amendments is to bring a more uniform approach across the Tax Increment Financing (TIF)
District, Community Improvement District (CID), and Reinvestment Incentive Housing District (RHID) policies
and procedures.

On January 28, 2025, the Policy & Finance Committee recommended approval of the policy by the Governing
Body.
BUDGETARY IMPACT:
There is no budgetary impact to implement the policy.
SOURCE OF FUNDING:
Not Applicable

ATTACHMENTS:
Description
Proposed Resolution RHID Policy (REDLINED Version)
Presentation: TIF/CID/RHID Policy Procedure Updates
Proposed Resolution RHID Policy (CLEAN Version)
P&F Committee Referral Report (January 28, 2025)
P&F Committee Meeting Excerpt (January 28, 2025)
 1 RESOLUTION NO. 9452
 2
 3 A RESOLUTION introduced by Interim City Manager Richard U. Nienstedt amending
 4 Resolution No. 9379 to change the references from ‘Rural’ to
 5 ‘Reinvestment’ in the City of Topeka's policy for Reinvestment
 6 Housing Incentive Districts in order to conform to K.S.A. 12-5241, as
 7 amended by 2023 S.B. 17
 8
 9 WHEREAS, the City of Topeka, Kansas (the "City") recognizes that it is essential
10 to stimulate economic growth and development of new residential housing developments
11 in order to provide services, employment and tax revenues for the benefit of the
12 community; and
13
14 WHEREAS, the declared purpose of the Reinvestment Housing Incentive District
15 Act is to encourage the development and renovation of housing in areas of Kansas that
16 experience a shortage of housing by authorizing cities and counties to assist directly in
17 the financing of public improvements that will support such housing; and
18
19 WHEREAS, the Housing Study identified a need for approximately 420 units per
20 year over the next 5 years to keep up with anticipated demand and another 2,300 units
21 to catch up from past demand in order to have a balanced market with lower housing cost
22 burdens; and
23
24 WHEREAS, to meet these housing goals, the City recognizes the need to
25 occasionally assist in the redevelopment of property located within the City by the creation
26 of Reinvestment Housing Incentive Districts (RHID), an economic development tool
27 established by K.S.A. 12-5241 et seq. for the financing of qualified redevelopment
28 projects; and
29
30 WHEREAS, the City finds it in the best interest of the public it serves to establish
31 certain policies and guidelines for the consideration of proposals that may be presented
32 to the City by private developers requesting RHID assistance; and
33
34 WHEREAS, all prospective RHID projects must be carefully evaluated by the City
35 because the character of tax revenues generated by different developments can vary
36 widely, and in most cases, will impact other taxing jurisdictions in the Topeka community;
37 and
38
39 WHEREAS, the City desires to use RHID for projects that demonstrate the highest
40 public benefit and encourage an equitable distribution of projects citywide, including
41 downtown, in keeping with the documented demand for housing; and
42
43 WHEREAS, each RHID application submitted to the City will be evaluated on its
44 own merits, and an evaluation of the proposal will be performed by a RHID Committee
45 comprised of City staff and/or consultants; and
46



 RES/RHID Policy 1/23/2025 Page 1 of 10
47 WHEREAS, all projects must demonstrate financial and economic reasons such
48 that but-for RHID assistance, the project could not proceed or could not address the City’s
49 housing goals.
50
51 NOW THEREFORE, THE REINVESTMENT HOUSING INCENTIVE DISTRICT
52 POLICY FOR THE CITY OF TOPEKA, KANSAS WILL BE AS FOLLOWS:
53
54 SECTION ONE: PREFERENCES FOR PROJECTS
55
56 1. The City will use RHID to address housing needs as described in its July
57 2020 Citywide Housing Market Study and Strategy document (the “Housing Study”) as
58 amended from time to time as needed. The City will amend this policy from time to time
59 to adjust the targets below for progress to date or to address changing needs as identified
60 by updates to its Housing Study. The Housing Study identified a need for approximately
61 420 units per year over the next 5 years to keep up with anticipated demand and another
62 2,300 units to catch up from past demand in order to have a balanced market with lower
63 housing cost burdens. The City’s current 3-year average is almost 270 new units per year.
64 Therefore, a target of up to 3,100 units over a 5-year period is the substantiated need that
65 is not being met by the market thus necessitating additional incentives. This total is further
66 broken down by affordable, workforce, senior, market rate, and upscale units as
67 referenced in the Housing Needs Analysis completed as an update to the Housing Study.
68
69 2. The City will use RHID to encourage an equitable distribution of projects
70 citywide in keeping with the documented demand for 900 new units in downtown by 2030.
71
72 3. Per the Housing Study findings for greater housing choices, priority should
73 be given to those projects that diversify the City’s inventory with more attached unit
74 typologies such as duplexes, townhomes, and multi-family projects.
75
76 4. The City will reserve a portion of projected RHID benefits to develop,
77 improve or replace public infrastructure supporting housing developments and to fund
78 multi-modal connections (transit, biking, walking) to housing developments.
79
80 5. The City will use a “but-for” approach (i.e., but-for the presence of the RHID
81 incentive the project could not proceed or could not address the City’s housing goals) in
82 assessing the amount of RHID benefit granted to a housing development, maintaining
83 flexibility with respect to the amount of incremental taxes permitted to be captured and/or
84 the length of time an RHID will remain in place.
85
86 6. Housing developers seeking RHID assistance will need to be prepared to:
87
88 • Bear the costs of effecting an RHID incentive (estimated at $25,000
89 to $50,000 per project plan). Cost may include, but are not limited to,
90 updating the housing study, preparation of necessary resolutions,
91 ordinances, publication notices, development agreement, and
92 statutory feasibility findings. The City will first apply the



 RES/RHID Policy 1/23/2025 Page 2 of 10
 93 nonrefundable application fee described below towards the costs.
 94 Once a better estimate of costs is obtained, the City may, at its sole
 95 discretion, require a deposit to cover outstanding costs. If an
 96 additional deposit is required in addition to the nonrefundable
 97 application fee, the City shall return any balance from this deposit
 98 upon the applicant’s withdrawal of the application or the conclusion
 99 of the approval processes.
100 • Provide the contractual and financial feasibility guarantees
101 contemplated in the RHID statute (see K.S.A. 12-5245(a)(6)).
102 • Provide detailed information regarding the type, timing and
103 implementation plan for the housing they propose to develop.
104 • Provide all information to the City required to effect an RHID project
105 plan, as contemplated by Kansas law.
106 • Provide evidence in support of its need for RHID incentive under the
107 but-for principle.
108
109 SECTION TWO: PROCESS
110
111 1. Creation of a District. The City intends to use the Housing Study, as updated
112 from time-to-time at the discretion of the City, to meet the statutory requirement (K.S.A.
113 12-5244) that the City conduct a “housing needs analysis” to determine that “housing
114 needs exist” in Topeka.
115
116 Either the City or a housing developer may initiate the district creation process by
117 delivering to the City Manager a District Pre-Application consisting of the following:
118
119 a) A cover letter requesting the creation of a district, including a general
120 description of the housing development expected to occur within the district,
121 the names of the housing developer or developers expected to construct
122 such housing, the expected timing of such housing development, a narrative
123 describing how the district is likely to address the policy goals of the Housing
124 Study and discussion of how the use of RHID is consistent with the City’s
125 but-for principle.
126 b) A legal description of the proposed district and a map depicting the existing
127 parcels of real estate in the proposed district.
128 c) Evidence of site control or a detailed plan for which the developer intends
129 to secure site control.
130 d) A certification that neither the developer entity nor any of its
131 shareholders/partners/members is delinquent on its property tax or special
132 assessment payments on any property it owns or controls in Shawnee
133 County.
134 e) A certification that neither the developer entity nor any of its
135 shareholders/partners/members has any outstanding utility bills, zoning or
136 property maintenance, or other code cases pending with the city.
137 f) A non-refundable application fee of $5,000. If the Developer withdraws the
138 application, the City Governing Body elects not to create the District or does


 RES/RHID Policy 1/23/2025 Page 3 of 10
139 not approve the Housing Plan, or Kansas Secretary of Commerce elects to
140 not approve the application, the City shall keep the application fee to
141 reimburse it for the costs of processing and reviewing the application. The
142 Developer shall not be entitled to any refund of the fee.
143
144 Within thirty (30) days of receipt of a complete District Pre-Application, the City Manager
145 will direct the preparation of a resolution for consideration by the Topeka Governing Body
146 at a regular meeting not later than sixty (60) days following the City Manager’s receipt of
147 a complete District Pre-Application. The resolution shall include:
148
149 a) The legal description and the map provided in the District Pre-Application;
150 and
151 b) The findings required in K.S.A. 12-5244(a)(1) through (a)(4).
152
153 If the resolution is adopted by the Topeka Governing Body, the City Manager or designee
154 will provide for publication of the adopted resolution as required in K.S.A. 12-5244(b) and
155 will request approval by the Kansas Secretary of Commerce in the manner provided in
156 K.S.A. 12-5244(c).
157
158 2. Creation of a Housing Development Plan. Once the Kansas Secretary of
159 Commerce has approved creation of a district, one or more housing developers may
160 petition the City Manager for the execution of a housing development plan within such
161 district. This petition will need to include all of the following:
162
163 a) Narrative describing the overall development plan specifically addressing
164 how the plan meets the policy goals of the Housing Study.
165 b) A legal description of the proposed project area if such project area is not
166 coterminous with the district boundaries.
167 c) A map of the proposed project area if such project area is not coterminous
168 with the district boundaries.
169 d) A table (Excel format preferred) listing (i) each parcel within the proposed
170 project area, listing the current Shawnee County assessed valuation of land
171 and improvements separately and (ii) the property owner’s name and
172 address for each parcel.
173 e) A narrative and a graphical description of the housing and public facilities
174 that the developer will construct or improve, and the location of each within
175 the project area.
176 f) A narrative describing any improvements the developer expects the City to
177 make to support the planned project, including any on or off-site public
178 infrastructure and coordination with other public agencies, etc.
179 g) A listing of the names, addresses and specific interests in real estate in the
180 project area of the housing developer(s) responsible for development of the
181 housing and public facilities in the project area.
182 • For the purpose of this requirement, “housing developer(s)” means
183 both the name of the business entity or entities, and the natural
184 persons comprising the ownership of such entity or entities.



 RES/RHID Policy 1/23/2025 Page 4 of 10
185 h) A detailed total development cost budget for the housing and other
186 improvements to be constructed including an identification of costs for which
187 the developer will seek reimbursement from RHID proceeds.
188 i) A narrative describing all public incentives sought in support of the planned
189 project (including those that might be provided by other government
190 agencies, foundations or non-profits), including identification of whether the
191 developer seeks potential bond financing related to the RHID.
192 j) A detailed construction schedule, identifying any phasing of construction
193 anticipated.
194 k) A detailed financial pro forma, showing the operation of the project over the
195 life of the RHID, including sufficient detail on assumptions so the City may
196 determine, among other things, the developer’s expectations for the number
197 and potential valuation of housing units to be constructed, the developer’s
198 expected private financing for the project (including debt, equity and other
199 sources), and sufficient other detail to permit the City to make the required
200 statutory finding as provided in K.S.A. 12-5245(a)(7).
201 l) A detailed description of the contractual assurances the developer is willing
202 to make, including any financial guarantees it is willing to provide, to
203 “guarantee the financial feasibility” of the project, all as required by K.S.A.
204 12-5245(a)(6) (together, the “Housing Development Plan Pre-Application”),
205 along with commercially reasonable information evidencing developer’s
206 financial and operational capabilities to effect the proposed project as
207 presented.
208
209 Unless there are extenuating circumstances, within fifteen (15) days of receipt of a
210 complete Housing Development Plan Pre-Application, the City Manager will direct the
211 City’s Finance Director, or other City Manager designee, to review the Housing
212 Development Plan Pre-Application for completeness (compared both to statutory
213 requirements and the requirements of this policy), to prepare a financial analysis of the
214 developer’s proposal and to provide a written report to the City in conformance with K.S.A.
215 12-5245(a)(7).
216
217 Also, within fifteen (15) days of receipt of the complete Housing Development Plan, the
218 Developer shall enter into a funding agreement with the City under which the developer(s)
219 will agree to pay the City sufficient moneys to cover the City’s costs in analyzing and
220 effecting the Housing Development Plan.
221
222 The City’s Finance Director may request additional information from the developer to
223 assist in its analysis and the developer may request to provide certain information directly
224 to the City’s Finance Director, particularly with respect to its financial capacity to perform.
225 The Finance Director may also consider: (a) the extraordinary or unique costs of the
226 housing development plan; (b) the developer’s (and its shareholders’/partners’/members’)
227 compliance with other City development agreements; (c) the creditworthiness of the
228 developer; and (d) the experience of the developer constructing, completing and
229 managing projects of a similar nature, scale and complexity. The City’s Finance Director
230 will provide its written report in draft to the City Manager within thirty (30) days after receipt



 RES/RHID Policy 1/23/2025 Page 5 of 10
231 of the Housing Development Plan Pre-Application and any supplemental information it
232 requests of the developer.
233
234 As authorized under the Kansas Open Records Act, the City will treat as confidential any
235 such sensitive financial information provided by the applicant or its guarantors to the City's
236 Finance Director, other city advisors or legal counsel, and will, if requested, enter on the
237 City's behalf into a non-disclosure agreement; provided, however, that such advisors or
238 legal counsel must have the right under such agreement to convey their conclusions
239 about the applicant's ability to meet the requirements above based upon its review.
240
241 Concurrently with the City Finance Director’s work, the City Manager will coordinate with
242 City departments, as applicable, to identify any concerns with the City’s ability to support
243 the proposed project, including, but not limited to, availability of utilities, the cost to
244 construct public infrastructure identified by the developer as the City’s responsibility,
245 traffic considerations and the ability to provide public safety services to the project, etc.
246
247 3. RHID Review Team. Within fifteen (15) days of receipt of the City Finance
248 Director’s draft analysis, the City Manager will convene a meeting of the RHID Review
249 Team to include: the Mayor, Deputy Mayor, affected district council member(s), City
250 Manager, Finance Director, Public Works Director, Utilities Director, Planning Director
251 and City Attorney. In the absence of one of the named members above, the City Manager
252 may designate alternative members to the RHID Review Team as appropriate. The RHID
253 Review Team will review the Housing Development Plan Pre-Application, the City
254 Finance Director’s draft analysis and the City Manager’s review of the City’s ability to
255 support the project, and may call on the financial advisor, City bond counsel and other
256 resources to assist in its deliberations.
257
258 After reviewing the information presented, the RHID Review Team may (i) request the
259 City Manager to seek additional information or provide additional analysis; (ii) make a
260 recommendation to the Governing Body to establish the District and approve the plan
261 with or without conditions; or (iii) not approve the plan.
262
263 In the event the RHID Review Team requests the City Manager obtain additional
264 information from the developer, it will include a reasonable timeline for the completion of
265 such additional work and a schedule for its reconsideration. Upon reconsideration, the
266 RHID Review Team may take one of the actions identified above.
267
268 In the event the RHID Review Team makes a recommendation to not approve, the City
269 Manager will report on the action of the RHID Review Team at a future Governing Body
270 meeting.
271
272 In the event the RHID Review Team makes a recommendation of approval:
273
274 a) The City Attorney, or appropriate designee, will prepare the resolution
275 contemplated in K.S.A. 12-5245(b), setting a date for a public hearing on




 RES/RHID Policy 1/23/2025 Page 6 of 10
276 the creation of the district for inclusion on a regular City Governing Body
277 agenda within thirty (30) days of the action of the RHID Review Team.
278 b) The City Attorney, or appropriate designee, will prepare a funding
279 agreement, to be considered at the same meeting as the resolution setting
280 the public hearing, under which the developer(s) will agree to pay the City
281 sufficient moneys to cover the City’s costs in analyzing and effecting the
282 district’s creation.
283 c)b) The City Attorney, or appropriate designee, will draft a development
284 agreement and enter into negotiations with the developer and its counsel
285 on the contents of such development agreement. The purpose of the
286 development agreement will be to translate into contract form the rights,
287 responsibilities and obligations of both the City and the developer in the
288 implementation of the housing development plan. The City Attorney may
289 involve the City’s financial advisor, bond counsel and other resources in the
290 development and review of the development agreement.
291 d)c) The City’s Finance Director will finalize its analysis for inclusion in the
292 Governing Body agenda packet and will incorporate any provisions from the
293 development agreement that might affect its analysis.
294 e)d) The City Manager will work with appropriate City departments to review
295 project budgets for any capital improvements required to effect the housing
296 development plan.
297 f)e) The City Planning Director, or appropriate designee, will work with the
298 developer to effect any planning and zoning approvals required to effect the
299 housing development plan.
300
301 4. Governing Body Review and Approval. Once a housing development plan
302 is recommended for approval from the RHID Review Team, it will appear on the
303 Governing Body agenda as follows:
304
305 a) Approval of a funding agreement with the developer(s).
306 b)a) A resolution setting a public hearing on the creation of the district, consistent
307 with the requirements of K.S.A. 12-5245(b), at least thirty (30) and not more
308 than seventy (70) days from the adoption date of this resolution.
309 c)b) After this public hearing is held, at the same meeting or at a subsequent
310 meeting, the Governing Body may consider an ordinance creating the
311 district and adopting the housing development plan.
312 d)c) At the meeting at which the Governing Body considers the ordinance
313 creating the district and adopting the housing development plan it will also
314 consider:
315 i. Approval of the fully-negotiated development agreement(s) with the
316 housing developer(s) for the project(s).
317 ii. Approval of any other City-provided incentives related to the
318 project(s).
319 iii. Approval of project budgets related to any City-financed
320 infrastructure related to the project(s) including the adoption or
321 amendment of the CIB/CIP, if necessary.



 RES/RHID Policy 1/23/2025 Page 7 of 10
322 iv. Approval of any planning or zoning matters required to effect the
323 project(s).
324 e)d) The effectiveness of all such related matters will be conditioned upon the
325 RHID district creation ordinance surviving the thirty (30) day veto period of
326 Shawnee County and any affected school district.
327
328 SECTION THREE: INCENTIVE STRUCTURE
329
330 1. Presumption of Pay-As-You-Go Incentives. The City will begin negotiations
331 with housing developers with the presumption that it will structure RHID incentives on a
332 pay-as-you-go basis.
333
334 2. Reimbursable Costs. The City will generally consider all statutorily-
335 permitted uses of RHID proceeds as reimbursable costs (see K.S.A. 12-5249); provided,
336 however, the City will generally not reimburse land acquisition costs from owners affiliated
337 with the housing developer unless the developer provides evidence of its actual
338 acquisition costs from a bona fide arms-length purchase from an unaffiliated owner or the
339 housing developer can provide satisfactory evidence to the City Manager that the land
340 acquisition was purchased at fair market value which may include the cost of reimbursing
341 delinquent special assessments or other delinquent taxes from an owner affiliated with
342 the housing developer and that the reimbursement of the acquisition costs satisfy the
343 public purpose doctrine.
344
345 3. Downtown. Buildings or structures must be more than twenty-five (25)
346 years old and used primarily for residential use located in the central business district or
347 in a business or commercial district within a qualified census tract as approved by the
348 Secretary of Commerce. Certification of the building/structure’s age must be provided to
349 the Secretary of Commerce. Improvements are limited to the second or higher floors.
350 Improvements for commercial purposes are not eligible. K.S.A. 12-5249
351
352 4. Bonds. The City will generally not consider the issuance of special
353 obligation bonds. A housing developer may petition the City Manager in writing to issue
354 bonds secured by the proceeds of an RHID if:
355
356 a) The project is complete, leased-up (multifamily)/substantially occupied
357 (single family) and stabilized (multifamily).
358 b) Shawnee County has completed at least four (4) tax valuations of the
359 district.
360 c) RHID-eligible costs exceed $3 million.
361
362 Upon receiving a petition for bond issuance, the City Manager will engage the City’s
363 financial advisor to assess the feasibility of bond issuance given the track record of the
364 project, the potential size of the financing and then-current market conditions. If the City’s
365 financial advisor determines that a bond financing would be feasible and par offered
366 would be likely to exceed $3 million, the financial advisor will report its findings to the City
367 Manager along with an estimate of the potential transaction costs to effect the financing.



 RES/RHID Policy 1/23/2025 Page 8 of 10
368
369 If a bond financing would be feasible, upon receipt of the financial advisor’s findings, the
370 City Manager will communicate the findings with the housing developer to determine
371 whether the housing developer desires to proceed. If the housing developer desires to
372 proceed, the City Manager will, within fifteen (15) days, convene the RHID Review Team
373 to evaluate the housing developer’s petition for bond issuance and the financial advisor’s
374 report.
375
376 After reviewing the information presented, the RHID Review Team may (i) request the
377 City Manager seek additional information or provide (or commission) additional analysis;
378 (ii) decline to advance the housing developer’s petition for bond issuance; or (iii) direct
379 the City Finance Director to proceed with execution of a potential bond issuance.
380
381 Upon direction from the RHID Review Team to proceed, the Finance Director will
382 coordinate with the City’s financial advisor and bond counsel to commence execution of
383 a bond financing. The financial advisor will advise on method of sale and will assist the
384 Finance Director in the selection of one or more underwriters for the financing. City bond
385 counsel will prepare a bond sale intent resolution, describing the intended sale and
386 authorizing appointment of the underwriter, directing staff and advisors/counsel to effect
387 the financing, and causing the preparation of customary bond and sale documents.
388
389 Within thirty (30) days of bond counsel’s preparation of the bond sale intent resolution,
390 the City Manager will calendar the resolution for consideration by the Governing Body. If
391 the Governing Body adopts the bond sale intent resolution, the City will use its best efforts
392 to cause the issuance of the bonds.
393
394 5. No Issuance by Third Parties. The City will not consent to and will include
395 language in any development agreement prohibiting the issuance of bonds by any third-
396 party on behalf of the developer to be secured by an assignment of the developer’s rights
397 under the development agreement. For the purposes of clarity, this language is not
398 intended to prevent or preclude developer’s collateral assignment of the development
399 agreement to a bank to secure the developer’s private financing of the project.
400
401 SECTION FOUR: HOUSING DEVELOPER GUARANTEES
402
403 1. Assurances Required. The City interprets K.S.A. 12-5245(a)(6) as requiring
404 that housing developers provide contractual assurances of their performance under a
405 development agreement related to an RHID project. The City will expect a housing
406 developer to offer one or more of the following contractual assurances of performance as
407 part of the development agreement. The City does not expect a developer to provide all
408 of these contractual assurances and will work with the developer on what is the most
409 appropriate assurance for a particular project:
410
411 a) A firm commitment to construct and complete a substantial percentage of
412 the housing units and related infrastructure proposed in its Housing
413 Development Plan Pre-Application within a specified timeframe.



 RES/RHID Policy 1/23/2025 Page 9 of 10
414 b) A performance and payment bond sufficiently sized to cause completion of
415 a substantial percentage of the housing units and infrastructure proposed
416 in its Housing Development Plan Pre-Application.
417 c) A bank letter of credit sufficiently sized to secure completion of a substantial
418 percentage of the housing units and infrastructure proposed in its Housing
419 Development Plan Pre-Application.
420 d) Personal financial guarantees of one or more owners of the developer to
421 ensure completion of a substantial percentage of the housing units and
422 infrastructure proposed in its Housing Development Plan Pre-Application.
423 e) Other contractual assurances that, in the sole determination of the City,
424 meet the intent of the statute.
425
426 SECTION FIVE: CITY REMEDIES IN THE EVENT OF DEVELOPER DEFAULT
427
428 Each development agreement will identify the conditions under which a developer may
429 cause a default under the agreement. The City may impose one or more of the following
430 remedies if a default occurs and is not cured timely:
431
432 a) Reduction to or elimination of the amount of RHID proceeds that can be
433 used to reimburse eligible costs.
434 b) Shortening of the expiration of the RHID incentive.
435 c) Cross-default against other incentives granted by the City.
436 d) Other penalties or claw backs unique to each development agreement.
437
438 ADOPTED and APPROVED by the Governing Body on ______________________.

439 CITY OF TOPEKA, KANSAS
440
441
442
443
444 Michael A. Padilla, Mayor
445
446 ATTEST:
447
448
449
450 ______________________________
451 Brenda Younger, City Clerk




 RES/RHID Policy 1/23/2025 Page 10 of 10
 TIF/CID/RHID
Policy & Procedure
 Updates
Purpose 2


Outlined in this presentation are key updates and changes
being proposed for our Tax Increment Financing (TIF)
District, Community Improvement District (CID), and
Reinvestment Incentive Housing District (RHID) policies and
procedures.

The purpose of this is to bring a uniform approach across
our various City of Topeka incentive programs and their
structure.
Changes 3


Funding Agreement
• CID – Adding funding agreement of $25,000 that will align with TIF
 & RHID. This allows for funding to cover the City’s cost for financial
 and legal advisors and direct costs of outside consultants
 including, but not limited to, civil engineers and traffic engineers.
• TIF – Addition of any Engineering Fees to reimbursable items under
 funding agreement. Covering review of plans and traffic impact
 studies.
• RHID - language was added spelling out the timeline to enter into
 a funding agreement with the City within 15 days of receipt of the
 complete Housing Development Plan allowing the City access to
 sufficient funds to cover the City’s cost in analyzing the proposed
 Housing Development Plan.
Changes 4


Application Fees
• The proposed change to the CID procedure will increase
  the CID application fee from $1,500 to $5,000 putting it in
  alignment with both TIF and RHID programs.
Changes 5


Signage
• CID – Addition of language requiring signage to be
 displayed in each business within the CID sales tax
 district.
 • Prominently at each public entrance for duration of the CID
 sales tax collection.
 • The font size of the printed message shall be at least 18 pt.
 • The sign shall be a minimum size of 4 inches square.
Changes 6


Affordable Housing
• TIF – Additional language to the program goals adding in
 creation of affordable housing and any efforts to
 increase affordable housing.
Changes 7


Provisions & Policy Guidelines
• CID – Additional requirement of certification that neither
 the developer entity nor any of its
 shareholders/partners/members is delinquent on its
 property tax or special assessment payments on any
 property it owns or controls in Shawnee County.
• This language already exists in both TIF & RHID policies.
Changes 8


Review Committee
• CID & TIF – Adjustment to have Review Committee
  include the following: Assistant City Manager, Chief Financial Officer,
 Director of Public Works, Director of Planning & Development, and the City
 Attorney, or their designees. The committee may also include City staff and
 individual designated by the City Manager, including but not limited to the
 Utilities Director, City’s bond counsel and City financial advisor.
• This is consistent with the RHID policy for internal staff and
  external advisors and counsel.
Changes 9


RHID Language
• Updates have been made changing language to District
 Application and Housing Development Plan. This change helps
 provide a clear distinction in the two steps of the application
 process.
 1 RESOLUTION NO. __________
 2
 3 A RESOLUTION introduced by City Manager Dr. Robert M. Perez amending
 4 City of Topeka's policy for Reinvestment Housing Incentive
 5 Districts and rescinding Resolution Nos. 9379 and 9452.
 6
 7 WHEREAS, the City of Topeka, Kansas (the "City") recognizes that it is essential
 8 to stimulate economic growth and development of new residential housing developments
 9 in order to provide services, employment and tax revenues for the benefit of the
10 community; and
11
12 WHEREAS, the declared purpose of the Reinvestment Housing Incentive District
13 Act is to encourage the development and renovation of housing in areas of Kansas that
14 experience a shortage of housing by authorizing cities and counties to assist directly in
15 the financing of public improvements that will support such housing; and
16
17 WHEREAS, the Housing Study identified a need for approximately 420 units per
18 year over the next 5 years to keep up with anticipated demand and another 2,300 units
19 to catch up from past demand in order to have a balanced market with lower housing cost
20 burdens; and
21
22 WHEREAS, to meet these housing goals, the City recognizes the need to
23 occasionally assist in the redevelopment of property located within the City by the creation
24 of Reinvestment Housing Incentive Districts (RHID), an economic development tool
25 established by K.S.A. 12-5241 et seq. for the financing of qualified redevelopment
26 projects; and
27
28 WHEREAS, the City finds it in the best interest of the public it serves to establish
29 certain policies and guidelines for the consideration of proposals that may be presented
30 to the City by private developers requesting RHID assistance; and
31
32 WHEREAS, all prospective RHID projects must be carefully evaluated by the City
33 because the character of tax revenues generated by different developments can vary
34 widely, and in most cases, will impact other taxing jurisdictions in the Topeka community;
35 and
36
37 WHEREAS, the City desires to use RHID for projects that demonstrate the highest
38 public benefit and encourage an equitable distribution of projects citywide, including
39 downtown, in keeping with the documented demand for housing; and
40
41 WHEREAS, each RHID application submitted to the City will be evaluated on its
42 own merits, and an evaluation of the proposal will be performed by a RHID Committee
43 comprised of City staff and/or consultants; and
44




 RES/RHID Policy 2/3/2025 1
45 WHEREAS, all projects must demonstrate financial and economic reasons such
46 that but-for RHID assistance, the project could not proceed or could not address the City’s
47 housing goals.
48
49 NOW THEREFORE, BE IT RESOLVED THAT THE REINVESTMENT HOUSING
50 INCENTIVE DISTRICT POLICY FOR THE CITY OF TOPEKA, KANSAS WILL BE AS
51 FOLLOWS:
52 CITY OF TOPEKA
53 REINVESTMENT HOUSING INCENTIVE DISTRICT (“RHID”) POLICY
54
55 SECTION ONE: PREFERENCES FOR PROJECTS
56
57 1. The City will use RHID to address housing needs as described in its July
58 2020 Citywide Housing Market Study and Strategy document (the “Housing Study”) as
59 amended from time to time as needed. The City will amend this policy from time to time
60 to adjust the targets below for progress to date or to address changing needs as identified
61 by updates to its Housing Study. The Housing Study identified a need for approximately
62 420 units per year over the next 5 years to keep up with anticipated demand and another
63 2,300 units to catch up from past demand in order to have a balanced market with lower
64 housing cost burdens. The City’s current 3-year average is almost 270 new units per year.
65 Therefore, a target of up to 3,100 units over a 5-year period is the substantiated need that
66 is not being met by the market thus necessitating additional incentives. This total is further
67 broken down by affordable, workforce, senior, market rate, and upscale units as
68 referenced in the Housing Needs Analysis completed as an update to the Housing Study.
69
70 2. The City will use RHID to encourage an equitable distribution of projects
71 citywide in keeping with the documented demand for 900 new units in downtown by 2030.
72
73 3. Per the Housing Study findings for greater housing choices, priority should
74 be given to those projects that diversify the City’s inventory with more attached unit
75 typologies such as duplexes, townhomes, and multi-family projects.
76
77 4. The City will reserve a portion of projected RHID benefits to develop,
78 improve or replace public infrastructure supporting housing developments and to fund
79 multi-modal connections (transit, biking, walking) to housing developments.
80
81 5. The City will use a “but-for” approach (i.e., but-for the presence of the RHID
82 incentive the project could not proceed or could not address the City’s housing goals) in
83 assessing the amount of RHID benefit granted to a housing development, maintaining
84 flexibility with respect to the amount of incremental taxes permitted to be captured and/or
85 the length of time an RHID will remain in place.
86
87 6. Housing developers seeking RHID assistance will need to be prepared to:
88
89 • Bear the costs of effecting an RHID incentive (estimated at $25,000
90 to $50,000 per project plan). Cost may include, but are not limited to,



 RES/RHID Policy 2/3/2025 2
 91 updating the housing study, preparation of necessary resolutions,
 92 ordinances, publication notices, development agreement, and
 93 statutory feasibility findings. The City will first apply the
 94 nonrefundable application fee described below towards the costs.
 95 Once a better estimate of costs is obtained, the City may, at its sole
 96 discretion, require a deposit to cover outstanding costs. If an
 97 additional deposit is required in addition to the nonrefundable
 98 application fee, the City shall return any balance from this deposit
 99 upon the applicant’s withdrawal of the application or the conclusion
100 of the approval processes.
101 • Provide the contractual and financial feasibility guarantees
102 contemplated in the RHID statute (see K.S.A. 12-5245(a)(6)).
103 • Provide detailed information regarding the type, timing and
104 implementation plan for the housing they propose to develop.
105 • Provide all information to the City required to effect an RHID project
106 plan, as contemplated by Kansas law.
107 • Provide evidence in support of its need for RHID incentive under the
108 but-for principle.
109
110 SECTION TWO: PROCESS
111
112 1. Creation of a District. The City intends to use the Housing Study, as updated
113 from time-to-time at the discretion of the City, to meet the statutory requirement (K.S.A.
114 12-5244) that the City conduct a “housing needs analysis” to determine that “housing
115 needs exist” in Topeka.
116
117 Either the City or a housing developer may initiate the district creation process by
118 delivering to the City Manager a District Application consisting of the following:
119
120 a) A cover letter requesting the creation of a district, including a general
121 description of the housing development expected to occur within the district,
122 the names of the housing developer or developers expected to construct
123 such housing, the expected timing of such housing development, a narrative
124 describing how the district is likely to address the policy goals of the Housing
125 Study and discussion of how the use of RHID is consistent with the City’s
126 but-for principle.
127 b) A legal description of the proposed district and a map depicting the existing
128 parcels of real estate in the proposed district.
129 c) Evidence of site control or a detailed plan for which the developer intends
130 to secure site control.
131 d) A certification that neither the developer entity nor any of its
132 shareholders/partners/members is delinquent on its property tax or special
133 assessment payments on any property it owns or controls in Shawnee
134 County.




 RES/RHID Policy 2/3/2025 3
135 e) A certification that neither the developer entity nor any of its
136 shareholders/partners/members has any outstanding utility bills, zoning or
137 property maintenance, or other code cases pending with the city.
138 f) A non-refundable application fee of $5,000. If the Developer withdraws the
139 application, the City Governing Body elects not to create the District or does
140 not approve the Housing Plan, or Kansas Secretary of Commerce elects to
141 not approve the application, the City shall keep the application fee to
142 reimburse it for the costs of processing and reviewing the application. The
143 Developer shall not be entitled to any refund of the fee.
144
145 Within thirty (30) days of receipt of a complete District Application, the City Manager will
146 direct the preparation of a resolution for consideration by the Topeka Governing Body at
147 a regular meeting not later than sixty (60) days following the City Manager’s receipt of a
148 complete District Application. The resolution shall include:
149
150 a) The legal description and the map provided in the District Application; and
151 b) The findings required in K.S.A. 12-5244(a)(1) through (a)(4).
152
153 If the resolution is adopted by the Topeka Governing Body, the City Manager or designee
154 will provide for publication of the adopted resolution as required in K.S.A. 12-5244(b) and
155 will request approval by the Kansas Secretary of Commerce in the manner provided in
156 K.S.A. 12-5244(c).
157
158 2. Creation of a Housing Development Plan. Once the Kansas Secretary of
159 Commerce has approved creation of a district, one or more housing developers may
160 petition the City Manager for the execution of a housing development plan within such
161 district. This petition will need to include all of the following:
162
163 (a) Narrative describing the overall development plan specifically addressing
164 how the plan meets the policy goals of the Housing Study.
165 (b) A legal description of the proposed project area if such project area is not
166 coterminous with the district boundaries.
167 (c) A map of the proposed project area if such project area is not coterminous
168 with the district boundaries.
169 (d) A table (Excel format preferred) listing (i) each parcel within the proposed
170 project area, listing the current Shawnee County assessed valuation of land
171 and improvements separately and (ii) the property owner’s name and
172 address for each parcel.
173 (e) A narrative and a graphical description of the housing and public facilities
174 that the developer will construct or improve, and the location of each within
175 the project area.
176 (f) A narrative describing any improvements the developer expects the City to
177 make to support the planned project, including any on or off-site public
178 infrastructure and coordination with other public agencies, etc.




 RES/RHID Policy 2/3/2025 4
179 (g) A listing of the names, addresses and specific interests in real estate in the
180 project area of the housing developer(s) responsible for development of the
181 housing and public facilities in the project area.
182 For the purpose of this requirement, “housing developer(s)” means both the
183 name of the business entity or entities, and the natural persons comprising
184 the ownership of such entity or entities.
185 (h) A detailed total development cost budget for the housing and other
186 improvements to be constructed including an identification of costs for which
187 the developer will seek reimbursement from RHID proceeds.
188 (i) A narrative describing all public incentives sought in support of the planned
189 project (including those that might be provided by other government
190 agencies, foundations or non-profits), including identification of whether the
191 developer seeks potential bond financing related to the RHID.
192 (j) A detailed construction schedule, identifying any phasing of construction
193 anticipated.
194 (k) A detailed financial pro forma, showing the operation of the project over the
195 life of the RHID, including sufficient detail on assumptions so the City may
196 determine, among other things, the developer’s expectations for the number
197 and potential valuation of housing units to be constructed, the developer’s
198 expected private financing for the project (including debt, equity and other
199 sources), and sufficient other detail to permit the City to make the required
200 statutory finding as provided in K.S.A. 12-5245(a)(7).
201 (l) A detailed description of the contractual assurances the developer is willing
202 to make, including any financial guarantees it is willing to provide, to
203 “guarantee the financial feasibility” of the project, all as required by K.S.A.
204 12-5245(a)(6) (together, the “Housing Development Plan”), along with
205 commercially reasonable information evidencing developer’s financial and
206 operational capabilities to effect the proposed project as presented.
207
208 Unless there are extenuating circumstances, within fifteen (15) days of receipt of a
209 complete Housing Development Plan, the City Manager will direct the City’s Finance
210 Director, or other City Manager designee, to review the Housing Development Plan for
211 completeness (compared both to statutory requirements and the requirements of this
212 policy), to prepare a financial analysis of the developer’s proposal and to provide a written
213 report to the City in conformance with K.S.A. 12-5245(a)(7).
214
215 Also, within fifteen (15) days of receipt of the complete Housing Development Plan, the
216 Developer shall enter into a funding agreement with the City under which the developer(s)
217 will agree to pay the City sufficient moneys to cover the City’s costs in analyzing and
218 effecting the Housing Development Plan.
219
220 The City’s Finance Director may request additional information from the developer to
221 assist in its analysis and the developer may request to provide certain information directly
222 to the City’s Finance Director, particularly with respect to its financial capacity to perform.
223 The Finance Director may also consider: (a) the extraordinary or unique costs of the
224 housing development plan; (b) the developer’s (and its shareholders’/partners’/members’)



 RES/RHID Policy 2/3/2025 5
225 compliance with other City development agreements; (c) the creditworthiness of the
226 developer; and (d) the experience of the developer constructing, completing and
227 managing projects of a similar nature, scale and complexity. The City’s Finance Director
228 will provide its written report in draft to the City Manager within thirty (30) days after receipt
229 of the Housing Development Plan and any supplemental information it requests of the
230 developer.
231
232 As authorized under the Kansas Open Records Act, the City will treat as confidential any
233 such sensitive financial information provided by the applicant or its guarantors to the City's
234 Finance Director, other city advisors or legal counsel, and will, if requested, enter on the
235 City's behalf into a non-disclosure agreement; provided, however, that such advisors or
236 legal counsel must have the right under such agreement to convey their conclusions
237 about the applicant's ability to meet the requirements above based upon its review.
238
239 Concurrently with the City Finance Director’s work, the City Manager will coordinate with
240 City departments, as applicable, to identify any concerns with the City’s ability to support
241 the proposed project, including, but not limited to, availability of utilities, the cost to
242 construct public infrastructure identified by the developer as the City’s responsibility,
243 traffic considerations and the ability to provide public safety services to the project, etc.
244
245 3. RHID Review Team. Within fifteen (15) days of receipt of the City Finance
246 Director’s draft analysis, the City Manager will convene a meeting of the RHID Review
247 Team to include: the Mayor, Deputy Mayor, affected district council member(s), City
248 Manager, Finance Director, Public Works Director, Utilities Director, Planning Director
249 and City Attorney. In the absence of one of the named members above, the City Manager
250 may designate alternative members to the RHID Review Team as appropriate. The RHID
251 Review Team will review the Housing Development Plan, the City Finance Director’s draft
252 analysis and the City Manager’s review of the City’s ability to support the project, and may
253 call on the financial advisor, City bond counsel and other resources to assist in its
254 deliberations.
255
256 After reviewing the information presented, the RHID Review Team may (i) request the
257 City Manager to seek additional information or provide additional analysis; (ii) make a
258 recommendation to the Governing Body to establish the District and approve the plan
259 with or without conditions; or (iii) not approve the plan.
260
261 In the event the RHID Review Team requests the City Manager obtain additional
262 information from the developer, it will include a reasonable timeline for the completion of
263 such additional work and a schedule for its reconsideration. Upon reconsideration, the
264 RHID Review Team may take one of the actions identified above.
265
266 In the event the RHID Review Team makes a recommendation to not approve, the City
267 Manager will report on the action of the RHID Review Team at a future Governing Body
268 meeting.
269
270 In the event the RHID Review Team makes a recommendation of approval:



 RES/RHID Policy 2/3/2025 6
271
272 (a) The City Attorney, or appropriate designee, will prepare the resolution
273 contemplated in K.S.A. 12-5245(b), setting a date for a public hearing on
274 the creation of the district for inclusion on a regular City Governing Body
275 agenda within thirty (30) days of the action of the RHID Review Team.
276 (b) The City Attorney, or appropriate designee, will draft a development
277 agreement and enter into negotiations with the developer and its counsel
278 on the contents of such development agreement. The purpose of the
279 development agreement will be to translate into contract form the rights,
280 responsibilities and obligations of both the City and the developer in the
281 implementation of the housing development plan. The City Attorney may
282 involve the City’s financial advisor, bond counsel and other resources in the
283 development and review of the development agreement.
284 (c) The City’s Finance Director will finalize its analysis for inclusion in the
285 Governing Body agenda packet and will incorporate any provisions from the
286 development agreement that might affect its analysis.
287 (d) The City Manager will work with appropriate City departments to review
288 project budgets for any capital improvements required to effect the housing
289 development plan.
290 (e) The City Planning Director, or appropriate designee, will work with the
291 developer to effect any planning and zoning approvals required to effect the
292 housing development plan.
293
294 4. Governing Body Review and Approval. Once a housing development plan
295 is recommended for approval from the RHID Review Team, it will appear on the
296 Governing Body agenda as follows:
297
298 (a) A resolution setting a public hearing on the creation of the district, consistent
299 with the requirements of K.S.A. 12-5245(b), at least thirty (30) and not more
300 than seventy (70) days from the adoption date of this resolution.
301 (b) After this public hearing is held, at the same meeting or at a subsequent
302 meeting, the Governing Body may consider an ordinance creating the
303 district and adopting the housing development plan.
304 (c) At the meeting at which the Governing Body considers the ordinance
305 creating the district and adopting the housing development plan it will also
306 consider:
307 i. Approval of the fully-negotiated development agreement(s) with the
308 housing developer(s) for the project(s).
309 ii. Approval of any other City-provided incentives related to the
310 project(s).
311 iii. Approval of project budgets related to any City-financed
312 infrastructure related to the project(s) including the adoption or
313 amendment of the CIB/CIP, if necessary.
314 iv. Approval of any planning or zoning matters required to effect the
315 project(s).




 RES/RHID Policy 2/3/2025 7
316 (d) The effectiveness of all such related matters will be conditioned upon the
317 RHID district creation ordinance surviving the thirty (30) day veto period of
318 Shawnee County and any affected school district.
319
320 SECTION THREE: INCENTIVE STRUCTURE
321
322 1. Presumption of Pay-As-You-Go Incentives. The City will begin negotiations
323 with housing developers with the presumption that it will structure RHID incentives on a
324 pay-as-you-go basis.
325
326 2. Reimbursable Costs. The City will generally consider all statutorily-
327 permitted uses of RHID proceeds as reimbursable costs (see K.S.A. 12-5249); provided,
328 however, the City will generally not reimburse land acquisition costs from owners affiliated
329 with the housing developer unless the developer provides evidence of its actual
330 acquisition costs from a bona fide arms-length purchase from an unaffiliated owner or the
331 housing developer can provide satisfactory evidence to the City Manager that the land
332 acquisition was purchased at fair market value which may include the cost of reimbursing
333 delinquent special assessments or other delinquent taxes from an owner affiliated with
334 the housing developer and that the reimbursement of the acquisition costs satisfy the
335 public purpose doctrine.
336
337 3. Downtown. Buildings or structures must be more than twenty-five (25)
338 years old and used primarily for residential use located in the central business district or
339 in a business or commercial district within a qualified census tract as approved by the
340 Secretary of Commerce. Certification of the building/structure’s age must be provided to
341 the Secretary of Commerce. Improvements are limited to the second or higher floors.
342 Improvements for commercial purposes are not eligible. K.S.A. 12-5249
343
344 4. Bonds. The City will generally not consider the issuance of special
345 obligation bonds. A housing developer may petition the City Manager in writing to issue
346 bonds secured by the proceeds of an RHID if:
347
348 (a) The project is complete, leased-up (multifamily)/substantially occupied
349 (single family) and stabilized (multifamily).
350 (b) Shawnee County has completed at least four (4) tax valuations of the
351 district.
352 (c) RHID-eligible costs exceed $3 million.
353
354 Upon receiving a petition for bond issuance, the City Manager will engage the City’s
355 financial advisor to assess the feasibility of bond issuance given the track record of the
356 project, the potential size of the financing and then-current market conditions. If the City’s
357 financial advisor determines that a bond financing would be feasible and par offered
358 would be likely to exceed $3 million, the financial advisor will report its findings to the City
359 Manager along with an estimate of the potential transaction costs to effect the financing.
360




 RES/RHID Policy 2/3/2025 8
361 If a bond financing would be feasible, upon receipt of the financial advisor’s findings, the
362 City Manager will communicate the findings with the housing developer to determine
363 whether the housing developer desires to proceed. If the housing developer desires to
364 proceed, the City Manager will, within fifteen (15) days, convene the RHID Review Team
365 to evaluate the housing developer’s petition for bond issuance and the financial advisor’s
366 report.
367
368 After reviewing the information presented, the RHID Review Team may (i) request the
369 City Manager seek additional information or provide (or commission) additional analysis;
370 (ii) decline to advance the housing developer’s petition for bond issuance; or (iii) direct
371 the City Finance Director to proceed with execution of a potential bond issuance.
372
373 Upon direction from the RHID Review Team to proceed, the Finance Director will
374 coordinate with the City’s financial advisor and bond counsel to commence execution of
375 a bond financing. The financial advisor will advise on method of sale and will assist the
376 Finance Director in the selection of one or more underwriters for the financing. City bond
377 counsel will prepare a bond sale intent resolution, describing the intended sale and
378 authorizing appointment of the underwriter, directing staff and advisors/counsel to effect
379 the financing, and causing the preparation of customary bond and sale documents.
380
381 Within thirty (30) days of bond counsel’s preparation of the bond sale intent resolution,
382 the City Manager will calendar the resolution for consideration by the Governing Body. If
383 the Governing Body adopts the bond sale intent resolution, the City will use its best efforts
384 to cause the issuance of the bonds.
385
386 5. No Issuance by Third Parties. The City will not consent to and will include
387 language in any development agreement prohibiting the issuance of bonds by any third-
388 party on behalf of the developer to be secured by an assignment of the developer’s rights
389 under the development agreement. For the purposes of clarity, this language is not
390 intended to prevent or preclude developer’s collateral assignment of the development
391 agreement to a bank to secure the developer’s private financing of the project.
392
393 SECTION FOUR: HOUSING DEVELOPER GUARANTEES
394
395 1. Assurances Required. The City interprets K.S.A. 12-5245(a)(6) as requiring
396 that housing developers provide contractual assurances of their performance under a
397 development agreement related to an RHID project. The City will expect a housing
398 developer to offer one or more of the following contractual assurances of performance as
399 part of the development agreement. The City does not expect a developer to provide all
400 of these contractual assurances and will work with the developer on what is the most
401 appropriate assurance for a particular project:
402
403 (a) A firm commitment to construct and complete a substantial percentage of
404 the housing units and related infrastructure proposed in its Housing
405 Development Plan within a specified timeframe.




 RES/RHID Policy 2/3/2025 9
406 (b) A performance and payment bond sufficiently sized to cause completion of
407 a substantial percentage of the housing units and infrastructure proposed
408 in its Housing Development Plan.
409 (c) A bank letter of credit sufficiently sized to secure completion of a substantial
410 percentage of the housing units and infrastructure proposed in its Housing
411 Development Plan.
412 (d) Personal financial guarantees of one or more owners of the developer to
413 ensure completion of a substantial percentage of the housing units and
414 infrastructure proposed in its Housing Development Plan.
415 (e) Other contractual assurances that, in the sole determination of the City,
416 meet the intent of the statute.
417
418 SECTION FIVE: CITY REMEDIES IN THE EVENT OF DEVELOPER DEFAULT
419
420 Each development agreement will identify the conditions under which a developer may
421 cause a default under the agreement. The City may impose one or more of the following
422 remedies if a default occurs and is not cured timely:
423
424 (a) Reduction to or elimination of the amount of RHID proceeds that can be
425 used to reimburse eligible costs.
426 (b) Shortening of the expiration of the RHID incentive.
427 (c) Cross-default against other incentives granted by the City.
428 (d) Other penalties or claw backs unique to each development agreement.
429
430 NOW, THEREFORE BE IT FURTHER RESOLVED that Resolution Nos. 9379 and

431 9452 are hereby rescinded.

432 ADOPTED and APPROVED by the Governing Body on _______________.

433 CITY OF TOPEKA, KANSAS
434
435
436
437
438 Michael A. Padilla, Mayor
439
440 ATTEST:
441
442
443
444 ______________________________
445 Brenda Younger, City Clerk




 RES/RHID Policy 2/3/2025 10
 COMMITTEE REFERRAL SHEET
 COMMITTEE REPORT

 Name of Policy & Finance
 Committee:

 Title: Resolution: Tax Increment Financing (TIF) District,
 Community Improvement District (CID), and Reinvestment
 Incentive Housing District (RHID) policies and procedures.

Date referred
from Council
 meeting:

Date referred January 28, 2025
 from
 Committee:

  Committee MOTION: Committee chair Duncan made a motion to
 Action: approve the Tax Increment Financing (TIF) District,
 Community Improvement District (CID), and Reinvestment
 Incentive Housing District (RHID) policies and procedures
 amendments. Committee member Miller seconded.
 Approved 3-0-0.


  Comments:



 Members of Councilmembers Spencer Duncan (Chair), Marcus Miller,
 Committee: Michelle Hoferer
Agenda Date February 18, 2025
 Requested:
 CITY OF TOPEKA
 CITY COUNCIL Tonya Bailey, Sr Executive Assistant
 City Hall, 215 SE 7th St., Room 255 Tara Jefferies, Sr Executive Assistant
 Topeka, KS 66603-3914 E-mail: councilassist@topeka.org
 (785) 368-3710 www.topeka.org


 EXCERPT
 HOLLIDAY 1st FLOOR CONFERENCE ROOM, Topeka, Kansas, Tuesday, January 28,
2025. The Policy & Finance Committee members met at 1:00 P.M., with the following
Committee members present: Duncan (Chair), Marcus Miller, Michelle Hoferer.

 The following is an excerpt of the draft minutes from the meeting:

APPROVAL by the Committee for RESOLUTION authorizing Tax Increment Financing (TIF)
District, Community Improvement District (CID), and Reinvestment Incentive Housing District
(RHID) policy and procedure amendments.


Tax Increment Financing (TIF) District, Community Improvement District (CID), and
Reinvestment Incentive Housing District (RHID) policies and procedures.

City Attorney Amanda Stanley and Planning & Development Director Rhiannon Friedman both
spoke to the presentation of Tax Increment Financing (TIF) District, Community Improvement
District (CID), and Reinvestment Incentive Housing District (RHID) policies and procedures.
The purpose is to bring a uniform approach across the various City of Topeka incentive programs
and their structures.

 • Funding Agreement: (1) CID; adding funding agreement of $25,000 that will align with
 TIF & RHID. (2) TIF; the addition of any Engineering Fees to reimbursable items under
 funding agreement. (3) RHID; modify the policy to have the funding agreement signed
 once the project plan is submitted before further analysis is competed.
 • Application Fees: the CID procedure will increase the CID application fee from $1,500 to
 $5,000 putting it in alignment with both TIF and RHID programs.
 • Signage: CID will have additional language requiring signage to be displayed in each
 business within the CID sales tax district.
 • Affordable Housing: TIF will have additional language to the program goals adding in
 creation of affordable housing.
 • Provisions & Policy Guidelines: CID- would have an additional requirement of
 certification that neither the developer entity nor  any of its
 shareholders/partners/members is delinquent on its property tax or special assessment
 payments on any property it owns or controls in Shawnee County.



Presented at the February 18, 2025 Governing Body Meeting
 • Review Committee: Adjust to have the Review Committee include the following:
 Assistant City Manager, Chief Financial Officer, Director of Public Works, Director of
 Planning & Development, and the City Attorney, or their designees.
 • RHID terminology- adjust the language to Application & Project Plan.

Committee chair Spencer Duncan spoke to the signage size. He believes when a consumer goes
into a business there should be clear signage displayed to allow the public to know the tax
percentage. There was support for the signage to be smaller than 8.5 inches by 11 inches.

Committee member Miller expressed his concern if the sign information would persuade the
public from going into a business.

Council member Valdivia-Alcala expressed the importance of transparency for consumers to
understand the tax programs.

Committee chair Duncan spoke to the requirements for a traffic study and questioned who is
responsible for conducting. Planning & Development Director Rhiannon Friedman spoke to the
guidelines that call out a project that would be subject to a traffic study analysis.

City Attorney Amanda Stanley added the request to add language for Deputy City Manager or
Assistant City Manager.

Committee member Michelle Hoferer inquired about the application process. City Attorney
Amanda Stanley and Planning & Development Director Rhiannon Friedman provided a general
example of the application process.

Council member Miller questioned if the TIF Public Hearing portion makes it hard to keep
consistent with the RHID deadline. City Attorney Amanda Stanley confirmed that they each
have different requirements and staff is able to keep it all consistent and stay organized.

MOTION: Committee Chair Duncan made a motion to approve the Tax Increment Financing
(TIF) District, Community Improvement District (CID), and Reinvestment Incentive Housing
District (RHID) policies and procedure amendments. Committee member Miller seconded.
Approved 3-0-0.




 ***************************




Presented at the July 18, 2023 Governing Body Meeting Page 2
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 February 18, 2025


DATE: February 18, 2025
CONTACT PERSON: Dr. Robert M. Perez, DOCUMENT #:
 City Manager
SECOND PARTY/SUBJECT: Water Treatment Plant PROJECT #:
 Renaming
CATEGORY/SUBCATEGORY
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

DISCUSSION to consider naming and dedicating the City’s facility located at 3425 NW Water
Works Drive, as the Jack Alexander Water Treatment Plant.

VOTING REQUIREMENTS:
Discussion only. Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to name and dedicate the City facility as the Jack Alexander Water Treatment Plant.
STAFF RECOMMENDATION:
Staff is making no recommendation.
BACKGROUND:
City of Topeka Resolution 7698 establishes the policy for naming/renaming of City facilities. Councilmember
Duncan and Councilmember Ortiz have made a request to consider naming the Water Treatment Plan located
at 3425 NW Water Works Drive, as the Jack Alexander Water Treatment Plant.
BUDGETARY IMPACT:
Cost of Signage to be determined.
SOURCE OF FUNDING:
General Fund

ATTACHMENTS:
Description
Proposed Resolution
Resolution 7698 - Establishing Policy (October 2005)
Resolution 7601 - Naming Cyrus K. Holliday Building (March 2005)
 1 RESOLUTION NO. ___________
 2
 3 A RESOLUTION introduced by City Manager Dr. Robert M. Perez, concerning the
 4 City’s facility at 3425 NW Water Works Drive, naming and dedicating
 5 the building as the Jack Alexander Water Treatment Plant.
 6
 7 NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE

 8 CITY OF TOPEKA, KANSAS, that the facility at 3425 NW Water Works Drive shall

 9 hereafter be named and dedicated as the “Jack Alexander Water Treatment Plant”, after

10 former Water Commissioner and City Council member Jack Alexander. .

11 ADOPTED and APPROVED by the Governing Body on .


12 CITY OF TOPEKA, KANSAS
13
14
15
16
17 Michael A. Padilla, Mayor
18
19 ATTEST:
20
21
22
23 ______________________________
24 Brenda Younger, City Clerk




 /RES/Naming the WTP 1/8/2025
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 February 18, 2025


DATE: February 18, 2025
CONTACT PERSON: DOCUMENT #:
SECOND PARTY/SUBJECT: Public Comment PROJECT #:
 Protocol
CATEGORY/SUBCATEGORY
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:
PUBLIC COMMENT PROTOCOL
VOTING REQUIREMENTS:
POLICY ISSUE:
STAFF RECOMMENDATION:
BACKGROUND:
Governing Body Rule 5.5

(c) Public Comment on a specific agenda item: Comments from members of the public concerning a
specific agenda item will be heard at the time the item is considered. Persons will be limited to addressing the
governing body one (1) time on a particular matter unless otherwise allowed by a vote of six (6) or more members
of the governing body.

(d) General public comment: Requests by members of the public to speak during the public comment portion
of a regular governing body meeting will be placed on the agenda on a "first-come, first-served" basis. The
request should state the name of the individual(s) desiring to be heard. Each such individual shall be limited to
addressing the governing body one (1) time and his or her comments shall be limited to topics directly relevant to
business of the governing body; provided however, that comments pertaining to personnel and litigation matters
shall not be allowed.

Procedures for Addressing the Governing Body
In accordance with Governing Body Rules 5.6 and 5.7, the following protocols for public comment apply:
 Each person shall state his or her name and city of residence in an audible tone for the record.
 All remarks shall be addressed to the Governing Body as a whole -- not to any individual member.
 In order to provide additional time for as many individuals as possible to address the Governing Body, each
 individual signed up to speak will need to complete his or her comments within four minutes.

The following behavior will not be tolerated from any speaker:

 Uttering fighting words
 Slander
 Speeches invasive of the privacy of individuals (no mention of names) Unreasonably Loud Speech
 Repetitious Speech or Debate
 Speeches so disruptive of proceedings that the legislative process is substantially interrupted

Any speaker who engages in this type of behavior will be warned once by the presiding office (Mayor). If the
behavior continues, the speaker will be ordered to cease his or her behavior. If the speaker persists in interfering
with the ability of the Governing Body to carry out its function, he or she will be removed from the City Council
Chambers or Zoom meeting room.

Members of the public, Governing Body and staff are expected to treat one another with respect at all times.
Zoom Meeting Protocol

 Make sure your Zoom name, email and/or phone number matches what was submitted to the City Clerk
 when you signed up for public comment. Any misnamed or unauthorized users will not be admitted to
 Zoom.
 Please keep your mic muted and your camera off until you are called by the Mayor to give your comment.
 If you are cut off during your comment time due to an internet connection or technical issue, you will need
 to submit your comments in writing to the City Clerk at cclerk@topeka.org or 215 SE 7th Street, Room
 166, Topeka, KS 66603 for attachment to the minutes.
 If you break any of the public comment rules, you will receive one warning from the Mayor. If you continue
 any prohibited behavior, you will be removed from the Zoom meeting room and will not be allowed to rejoin.
 Public comment is limited to four minutes. You may receive an extension at the discretion of the Governing
 Body. The timer will be visible to you in the ‘City of Topeka Admin’ window on the Zoom app. Call-in users
 will hear one beep when a minute is remaining and then another beep when time has expired.
 Please do not share the Zoom login information with anyone. Any unauthorized users will not be admitted to
 the Zoom meeting room.
BUDGETARY IMPACT:
SOURCE OF FUNDING:

Governing Body Minutes – February 18, 2025

 CITY COUNCIL CHAMBERS, Topeka, Kansas, Tuesday, February 18, 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, Kell,

 Dobler, and Duncan- 6. Mayor Padilla presided –1. Absent - Councilmembers Banks, Miller

 and Hoferer -3.

 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 February 18, 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 February 18, 2025 for attachment to the meeting

 minutes.

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

 Ana Wilkins.

 THE PLEDGE OF ALLEGIANCE was recited by meeting participants.

 Dr. Robert M. Perez, City Manager, requested to defer, Item 2, a PRESENTATION of

 the 2025 Strategic Goals and Priorities to the March 4, 2025, agenda.

 Upon hearing no objections, Mayor Padilla announced the presentation would be deferred

 to the March 4, 2025 agenda.

 RESOLUTION NO. 9620 introduced by Councilmember Karen Hiller granting The

Celtic Fox an exception to the provisions of City of Topeka Code Section 9.45.150, et seq.,

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 53
concerning noise prohibitions, was presented. (Council District No. 1)

 The MINUTES of the regular meeting of January 21, 2025, was withdrawn from the

agenda and deferred to the March 4, 2025, Governing Body meeting.

 Councilmember Miller joined the meeting virtually.

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

Councilmember Duncan carried unanimously on roll call vote. (8-0-0)

 PUBLIC HEARING

 PUBLIC HEARING to consider annexation and incorporation of certain lands,
 hereinafter described, into the City of Topeka, Kansas, was presented.

 ORDINANCE NO. 20547 introduced by City Manager Dr. Robert M. Perez, to annex

lands, all pursuant to K.S.A. 12-520 et seq., located at 5928 SW 53rd Street and Unaddressed

SW Wanamaker Road within unincorporated Shawnee County, Kansas, and adjacent to the City

of Topeka corporate limits and being annexed for all City purposes, was presented. (A24/05)

(Council District No. 7)

 Dan Warner, Planning Division Director, provided an overview of the proposal to annex

land at 53rd and Wanamaker that would facilitate further annexations for lands used in residential

development. He reported the 20.9 acres includes right-of-way owned by USD 437 Auburn

Washburn School District and the site was currently used for an administration building and

surface parking for school buses.

 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 Duncan moved to approve the ordinance. The motion seconded by

Councilmember Ortiz carried unanimously.
 2-18-25
 54
 The ordinance was adopted on roll call vote as follows: Ayes: Hiller, Valdiva-Alcala,

Ortiz, Kell, Miller, Dobler, Duncan and Mayor Padilla -8.

 Councilmember Hoferer joined the meeting virtually.

 RESOLUTION NO. 9621 introduced by the Public Infrastructure Committee comprised

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

Project No. 841098.01 for street improvement for SW Harrison Street from 10th Avenue to 8th

Avenue, was presented. (Public Infrastructure Committee recommended approval on January

31, 2025.)

 Steven Groen, Public Works Director, reported approval would allow street

improvements on Southwest Harrison from 8th Avenue to 10th Avenue, and noted the State of

Kansas will share the cost of the project.

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

Councilmember Hiller carried unanimously on roll call vote. (9-0-0)

 RESOLUTION NO. 9622 introduced by the Public Infrastructure Committee comprised

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

2025 Micro Surfacing Project No. 841104.01, part of the Street Preventative Maintenance

Program to be performed in the southwest quadrant of the city, was presented. (Public

Infrastructure recommended approval on January 31, 2025.)

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

budget of $1.2 Million for the 2025 Micro Surfacing Program.

 Councilmember Duncan left the room.

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

Councilmember Ortiz carried unanimously on roll call vote. (8-0-0)

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 55
 Councilmember Duncan entered the room.

 RESOLUTION NO. 9623 introduced by the Public Infrastructure Committee comprised

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

Project No. 841104.02 for the 2025 Ultrathin Bonded Asphalt Surface (UBAS) treatments for

segments of NE Quincy, SE Branner, NE Seward, SE 6th, SE California and NE Strait, was

presented. (Public Infrastructure Committee recommended approval on January 31, 2025.)

 Steve Groen, Public Works Director, reported, the project was a part of the 2025 Street

Preventative Maintenance Program.

 Councilmember Kell spoke in support of the test project conducted in District 5 in 2024

and commended Staff for how well the roads have held up.

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

Councilmember Ortiz carried unanimously on roll call vote. (9-0-0)

 RESOLUTION NO. 9624 introduced by the Public Infrastructure Committee comprised

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

Project No. 841104.03 for 2025 Crack Sealing part of the Street Preventative Maintenance

Program to be performed in the southeast quadrant of the city, was presented. (Public

Infrastructure Committee recommended approval on January 31, 2025.)

 Steve Groen, Public Works Director, reported the project was a part of the 2025 Street

Preventative Maintenance Program.

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

Councilmember Dobler carried unanimously on roll call vote. (9-0-0)

 APPROVAL of amendments to the Governing Body Rules and Procedure 2.2(d), was

presented.

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 56
 Amanda Stanley, City Attorney provided an overview of the amendments to the

Governing Body rules in which Councilmembers will be allowed to vote electronically whether

attending the meeting in-person or virtually.

 Dr. Robert M. Perez, City Manager, reported the new system would also allow

Governing Body members to request to speak electronically.

 Councilmember Duncan spoke in support of the voting system and questioned if there

would be recourse or consequences if a Councilmember allowed someone else to use the voting

system in an improper manner.

 Amanda Stanley, City Attorney, explained if a Councilmember were to allow someone

else to vote on something they are legally required to vote on as an elected official, it could be

grounds for removal from office.

 Councilmember Miller spoke in support of the voting system and inquired if

Councilmembers will be able to use their City issued phones to vote.

 Dan Garrett, Director of Communications, reported Councilmembers will be issued City

of Topeka tablets set up on a secure server; however, Councilmembers will also be able to access

the voting system from other devices from a web-based portal as well.

 Councilmember Duncan expressed concern with the cost of the tablets.

 Councilmember Hiller expressed concern with the cost of the tablets and questioned if

she would be able to use her laptop to access the voting system. She stated she believes it would

be easier to connect one device with the double authentication system, rather than having

multiple devices.

 Dan Garrett, Director of Communications recommended two separate devices to avoid

switching back and forth on browser pages in order to vote.

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 57
 Councilmember Ortiz moved to approve the proposed amendments to the Governing

Body Rules and Procedure 2.2(d). The motion seconded by Councilmember Duncan carried

unanimously on roll call vote. (9-0-0)

 RESOLUTION NO. 9625 introduced by City Manager Dr. Robert M. Perez amending

City of Topeka's policy for Community Improvement Districts and rescinding Resolution No.

8392, was presented. (Policy & Finance Committee recommended approval on January 28,

2025.)

 Rhiannon Friedman, Director of Planning and Development, provided an overview of

key updates and proposed changes to the CID, TIF and RHID Policies and Procedures, which

included:


 CID:
 • Adding a funding agreement of $25,000 to the Capital Improvement District (CID)
 Policy, which would provide an allowance of funding to cover the City’s cost for
 financial and legal advisors, as well as direct costs of outside Consultants.
 • Increasing the CID Application fee from $1,500 to $5,000
 • Addition of language requiring signage to be displayed in each business within the CID
 sales tax district.
 • Additional requirement of certification that neither the developer entity nor any of its
 shareholders/partners/members is delinquent on its property tax or special assessment
 payments on any property it owns or controls in Shawnee County.
 • Adjustment to have the Review Committee include the following: Assistant City
 Manager, Chief Financial Officer, Director of Public Works, Director of Planning and
 Development, and the City Attorney, or their designees. The committee may also include
 City staff and individuals designated by the City Manager, including but not limited to
 the Utilities Director, City’s bond counsel and City financial advisor.
 • Adding language in the CID Policy regarding sensitive financial records Developers
 provide to the City to be legally exempt from the Open Records Act, as well as having
 the ability to enter into a non-disclosure.

 TIF:
 • Addition of any Engineering fees to be a reimbursable item under the funding agreement,
 covering the review of plans and traffic impact studies.
 • Additional language to the program goals adding in creation of affordable housing and
 any efforts to increase affordable housing.
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 58
 • Adjustment to have the Review Committee include the following: Assistant City
 Manager, Chief Financial Officer, Director of Public Works, Director of Planning and
 Development, and the City Attorney, or their designees. The committee may also include
 City staff and individuals designated by the City Manager, including but not limited to
 the Utilities Director, City’s bond counsel and City financial advisor.

 RHID:
 • Adding language spelling out the timeline to enter into a funding agreement with the City
 within 15 days of receipt of the complete Housing Development Plan allowing the City
 access to sufficient funds to cover the City’s cost in analyzing the proposed Housing
 Development Plan.
 • Changing language to the District Application and the Housing Development Plan. This
 change helps provide a clear distinction in the two steps of the application process.

 Councilmember Valdivia-Alcala inquired on what would be considered sensitive

financial information to ensure the public knows this was not a way to hide information.

 Amanda Stanley, City Attorney explained the sensitive financial information could

include private bank account information as well as social security information; she continued to

explain that many cities have this provision within their Economic Development Plans.

 Councilmember Hiller inquired if they would still be allowed to discuss in executive

session the finances of developers regarding the Economic Development Plans under the new

language. She also asked if developers would be charged separate fees for each application.

 City Attorney Stanley explained financial affairs would be allowed to be discussed in

executive sessions and each application would require a separate fee.

 Danielle Twemlow distributed a handout (Attachment A) and recommended looking at

ways to improve Economic Development Plans to benefit all residents not just those of a higher

income bracket. She spoke of the need to prioritize more equity-based funding projects, and

commended Staff for taking a closer look at these policies.

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

Councilmember Ortiz carried unanimously on roll call vote. (9-0-0)

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 59
 RESOLUTION NO. 9626 introduced by City Manager Dr. Robert Perez amending the

City of Topeka's policy for Tax Increment Financing Districts and rescinding Resolution No.

9016, was presented. (Policy & Finance Committee recommended approval on January 28,

2025.)

 Danielle Twemlow spoke of the Kansas Legislative Post-Audit report (published in

October 2024) which exposed major issues of TIF districts across the State. She noted while

conducting the Audit they found the College Hill TIF Project was the most expensive. She urged

that the TIF be structured to prevent displacement and promote truly inclusive growth.

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

Councilmember Kell carried unanimously on roll call vote. (9-0-0)

 RESOLUTION NO. 9627 introduced by City Manager Dr. Robert M. Perez amending

City of Topeka's policy for Reinvestment Housing Incentive Districts and rescinding Resolution

Nos. 9379 and 9452, was presented. (Policy & Finance Committee recommended approval on

January 28, 2025.)

 Danielle Twemlow stated although the RHID funds are not costing the City, they are not

infinite. She recommended being diligent in setting parameters for its distribution to meet the

needs of the community.

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

Councilmember Kell carried unanimously on roll call vote. (9-0-0)

 DISCUSSION to consider naming and dedicating the City’s facility located at 3425 NW

Water Works Drive, as the Jack Alexander Water Treatment Plant, was presented.

 Councilmember Duncan reported he introduced the resolution to recognize F.S. Jack

Alexander for serving as a pivotal role in the City of Topeka and to honor him by naming the

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 60
City of Topeka Water Treatment Facility as the Jack Alexander Water Treatment Plant.

 Councilmember Ortiz recognized Jack Alexander as a mentor to many and spoke in

support of the resolution.

 Councilmember Hiller spoke in support of the resolution and recognized the many

contributions Jack Alexander made to the community.

 Councilmember Kell recommended looking at places within the community to recognize

those who have made a difference in the city.

 PUBLIC COMMENT was provided by the following individuals:

 Richard Laird distributed a handout (Attachment B) and referenced code violations he

received on his property and reported he was unable tom meet the deadlines due to bad weather.

He recommended structural requirements not be addressed during the Winter Season.

 Sean Knittle referenced the February 11, 2025 Governing Body meeting agenda item

concerning raising sales tax and stated he agrees with Councilmember Kell’s statement that the

sales tax would affect everyone including those who travel to Topeka. He stated he would like to

see the plan of how the Governing Body plans to spend the additional sales tax funds and spoke

in support of allowing Citizens to make the choice in the matter.

 ANNOUNCEMENTS BY THE CITY MANAGER, MAYOR AND MEMBERS OF THE

COUNCIL:

 Megan Brunson, Assistant City Clerk, provided an overview of the March 4, 2025

Governing Body Meeting agenda, and announced a Citizen Government Review Committee

meeting would be held on February 19, 2025, from 6:00 p.m. to 8:00 p.m. and noted, the meeting

would be held virtual due to inclement weather.

 Dr. Robert M. Perez, City Manager, thanked Staff for their work during the inclement

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 61
weather.

 Councilmember Hiller announced the February 19, 2025, Public Health and Safety

meeting was cancelled due to inclement weather.

 Councilmember Valdivia-Alcala thanked Staff for keeping citizens safe during the severe

weather conditions.

 Councilmember Kell commended Staff for the work they have done to keep streets clear.

 Councilmember Duncan announced he would host District 8 Open Office Hours on

February 22, 2025, at 3:00 p.m. at Fairlawn Plaza.

 NO FURTHER BUSINESS appearing the meeting adjourned at 7:30 p.m.



 (SEAL)
 Brenda Younger City Clerk




 2-18-25
 62
Attachment A
Attachment B