Governing Body — Topeka, KS
Date: 2024-07-09

Cyrus K. Holliday Building, 1st Floor
 Conference Room 620 SE Madison Street
 Topeka, KS 66603
 https://www.topeka.org




 Governing Body Agenda
 July 9, 2024
 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 012B, 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 012B, 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:
 U.S. Department of Transportation Raise Grant
3. CONSENT AGENDA:
 A. Resolution - Designating Depositories

 RESOLUTION introduced by City Manager Dr. Robert M. Perez, naming banks and savings
 institutions that are designated as depositories for all City of Topeka accounts and authorizing
 signatories and rescinding City of Topeka Resolution No. 9524.

 (Approval would name banks and savings institutions designated to be depositories which can
 accept deposits from any and all accounts of the City.)

 B. Resolution - Kansas Municipal Investment Pool

 RESOLUTION introduced by City Manager Dr. Robert M. Perez, authorizing the City of
 Topeka's participation in the Kansas Municipal Investment Pool and authorizing signatories and
 rescinding City of Topeka Resolution No. 9490.

 (Approval would approve the City of Topeka's participation in the investment pool and authorizing
 signatories.)

 C. MINUTES of the regular meeting of July 2, 2024
 D. APPLICATIONS:

4. ACTION ITEMS:
 A. Resolution - Kansas Children's Discovery Center - Revision No. 1 (CU09/04A)

 RESOLUTION introduced by City Manager Dr. Robert M. Perez, in accordance with Section
 18.60.010 of the Topeka Municipal Code (TMC), approving a Conditional Use Permit to allow for
 the expansion of a “Cultural Facility” on property located at 4400 SW 10th Avenue (Kansas
 Children’s Discovery Center) and zoned “R-1” Single Family Dwelling District, all being within
 the City of Topeka, Shawnee County KS (CU09/4A) (Council District No. 9)

 Voting Option Requirements: (1) Approve Planning Commission's recommendation, 6 votes are
 required of the Governing Body (2) Reject or Amend Planning Commission's recommendation,
 7 votes are required of the Governing Body; or (3) Remand back to Planning Commission, 6
 votes are required of the Governing Body.

 (Approval will allow for a 16,120 sf expansion to the existing Kansas Children's Discovery
 Center and 75 new parking stalls.)

 B. Ordinance - HME Annexation - NW 25th Street and NW Button Road (A24/02)
 ORDINANCE introduced by City Manager Dr. Robert M. Perez, annexing land to the City of
 Topeka, Kansas, in accordance with K.S.A. 12-520(7), located approximately 380 feet to the
 west of the intersection of NW 25th Street and NW Button Road on the north side within
 unincorporated Shawnee County, Kansas and adjacent to the City of Topeka corporate limits,
 and said land being annexed for all City purposes. (A24/02) (Council District No. 2)

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

 (Annexation of 38.7-acre tract to accommodate the development of a steel manufacturing facility.
 The tract will be assigned to Council District No. 2)

 C. Resolution - City of Topeka Revenue Neutral Rate (RNR) - 2025 Proposed Budget

 RESOLUTION introduced by City Manager Dr. Robert M. Perez, notifying the County Clerk of:
 (1) a proposed intent to exceed the revenue neutral rate for the City of Topeka’s 2025 budget;
 (2) the proposed tax rate; and (3) the date, time and location of the public hearing to consider
 adopting a budget that exceeds the revenue neutral rate.

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

 (Approval would notify the County Clerk that the City is considering adopting a 2025 budget that
 exceeds the revenue neutral rate.)

 D. Ordinance - Relating to Property Taxes submitted by Initiative and Referendum

 ORDINANCE submitted pursuant to the Initiative and Referendum Statutes.

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

 (A decision to forward to the Shawnee County Election Commissioner for election would require six
 (6) affirmative votes of the Governing Body.)

5. NON-ACTION ITEMS:
 A. Discussion - Creating Topeka Municipal Code Chapter 14.65 - Trees in Mobile Home Parks

 DISCUSSION regarding an ordinance introduced by Deputy Mayor Christina Valdivia-Alcala
 concerning trees in mobile home parks.

 (The proposed ordinance would require an owner of a mobile home park to remove any dangerous
 tree or to prune it so it is no longer a danger to persons or property in the vicinity of the tree.)

 B. Discussion - Kansas Gas Service, a Division of ONE Gas, Inc., Franchise Renewal

 DISCUSSION regarding renewal of franchise for Kansas Gas Service, a Division of ONE Gas,
 Inc.

 (The ordinance sets the franchise fee and provides the terms and conditions for the use of public
 rights-of-way.)

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 012B, 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
 July 9, 2024


DATE: July 9, 2024
CONTACT PERSON: Alleigh Weems, City DOCUMENT #:
 Management Analyst
SECOND PARTY/SUBJECT: U.S. Department of PROJECT #:
 Transportation Raise
 Grant
CATEGORY/SUBCATEGORY
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:
 U.S. Department of Transportation Raise Grant
VOTING REQUIREMENTS:
POLICY ISSUE:
STAFF RECOMMENDATION:
BACKGROUND:
BUDGETARY IMPACT:
SOURCE OF FUNDING:

ATTACHMENTS:
Description
2024 RAISE Grant Award Presentation
City of Topeka Press Release USDOT Raise Grant - June 26, 2024
FY24 USDOT RAISE
  Grant Award
  Alleigh Weems, Public Works
Grant Overview 2


• Rebuilding American Infrastructure with Sustainability and Equity
  (RAISE)
 • Previously called TIGER and BUILD
• Surface transportation projects with significant local impact
• No fiscal impact to the City – projects located in Areas of
  Persistent Poverty and Historically Disadvantaged census tracts

 USDOT Award $25,000,000
 Local Cost-Share Not Applicable
 Total Funding $25,000,000
Project Overview 3


• "Pathways for Progress"
• All segments located in Historically
  Disadvantaged and/or Areas of
  Persistent Poverty (US Census)
• Nearly 50 miles of infrastructure
• Obligation Deadline: Sept. 2028
 • Expenditure Deadline: Sept. 2033
Key Projects 4


• NE River Rd: NE Crane St to NE Emmett St
• SE California Ave: 10th St to 10th Ave
• Central Highland Park
• NE Norris St
Noteworthy Statistics 5


• Largest competitive grant award the City has ever received
• Top award of all Kansas recipients in FY24 funding round
• Received full funding requested/maximum allowable amount
• Almost $13 billion requested in FY24
 • Only $1.8 billion available
• 1,048 eligible applications received
• Only 148 awarded (14%)
Support Spotlight 6

• Shawnee County Commission
• Greater Topeka Partnership
• Topeka Independent Living Resource Center
• Topeka Citizen Advisory Council
• Complete Streets Advisory Committee
• ADA Advisory Council
• Topeka Sustainability Advisory Board
• Topeka Bikeways
• Topeka Community Cycle Project
• Topeka Public Schools
• Stormont Vail Health
• Safe Kids Shawnee County
• Office of Senator Roger Marshall
• Office of Senator Jerry Moran
• LiveWell Shawnee County
• Fellowship Hi-Crest and Hi-Crest NIA
• Historic Old Town NIA
• Shawnee County Health Department
• Kansas Department of Transportation
 7




Questions?
 City Communications
 City Hall, 215 SE 7th Street Tel: 785-368-0991
 Topeka, KS 66603 www.topeka.org



For Immediate Release

Contact for further information: Dan Garrett, Director of Communications,
citycommunications@topeka.org

June 26, 2024

 City of Topeka Receives $25 Million Grant for Sidewalk Projects
TOPEKA, Kan. – The U.S. Department of Transportation (USDOT) announced the City of Topeka will
receive a Raise Grant of $25 million to serve disadvantaged census tracts.

The project will cover 50 miles to construct new or improved sidewalks that will transform the River
Road and other locations. The City of Topeka’s project is just one of 148 that were selected by the
Biden-Harris Administration for the Rebuilding American Infrastructure with Sustainability and Equity
(RAISE) discretionary grant program. This project will help ensure pedestrians will have safe and
equitable access to daily destinations and local bus routes.

“This grant in the amount of $25 Million will allow us to do some transformative projects for the City of
Topeka.” said Public Works Director Braxton Copley.

Key Transformative Projects:

 • NE River Rd: NE Crane to NE Emmett Shared-Use Path, which will provide safe access between
 the Oakland neighborhood and Downtown Topeka.
 • SE California Ave: 10th St to 10th Ave, which will provide a much safer pedestrian connection
 between NE Topeka to SE Topeka, as well as access to Topeka Cemetery and transit stops.
 • Areas of North Topeka, such as NE Norris St (near Topeka Rescue Mission Distribution Center,
 ICI Manufacturing, and Topeka North Outreach Food Bank).
 • The Central Highland Park neighborhood from SE Adams St to SE California Ave, and from SE
 21st St to SE 29th St.


To learn more about the Department of Transportation’s announcement, please visit:
RAISE 2024 Fact Sheets (transportation.gov)
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 July 9, 2024


DATE: July 9, 2024
CONTACT PERSON: Ben Hart - Interim Chief DOCUMENT #:
 Financial Officer
SECOND PARTY/SUBJECT: Bank Depositories and PROJECT #:
 Signature
 Requirements
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, naming banks and savings institutions
that are designated as depositories for all City of Topeka accounts and authorizing signatories and
rescinding City of Topeka Resolution No. 9524.

(Approval would name banks and savings institutions designated to be depositories which can accept deposits
from any and all accounts of the City.)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Approval would name certain banks and savings institutions as designated depositories for all City of Topeka
accounts and authorizing signatories.
STAFF RECOMMENDATION:
Staff recommends the Governing Body approve the resolution as part of the consent agenda.
BACKGROUND:
Approval is necessary to allow staff members to complete daily duties. The following named banks and savings
institutions are designated to be depositories which we can accept deposits from any and all accounts of the City.
BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Not Applicable.

ATTACHMENTS:
Description
Resolution
 1 RESOLUTION NO. _____
 2
 3 A RESOLUTION introduced by City Manager Robert M. Perez naming banks and
 4 savings institutions that are designated as depositories for all City of
 5 Topeka accounts and authorizing signatories and rescinding City of
 6 Topeka Resolution No. 9524.
 7
 8 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF TOPEKA,

 9 KANSAS that the following named banks and savings institutions are hereby designated to

10 be depositories which can accept deposits from any and all accounts of the City:

 Alliance Bank Intrust Bank
 Bank of America Merrill Lynch Kaw Valley Bank
 Capitol Federal Savings Landmark National Bank
 Central National Bank Lyndon State Bank
 Community Bank Silver Lake Bank
 CoreFirst Bank & Trust Sunflower Bank
 Denison State Bank UMB Bank
 Equity Bank US Bank
 Fidelity State Bank Vision Bank
 Heritage Bank

11 BE IT FURTHER RESOLVED that the above-named banks and savings institutions

12 may accept all checks, drafts, bills of exchange, or other orders for the payment of money

13 when drawn on or addressed to any of the banks and savings institutions, if the facsimile

14 signatures of both the following persons are imprinted thereon:

15 City Manager: Robert M. Perez, Ph.D.

16 City Clerk: Brenda Younger

17 BE IT FURTHER RESOLVED that any of the above-named banks and savings

18 institutions may accept manually drafted checks, drafts, bills of exchange, or other orders

19 for payment of money, when drawn on any of the banks and savings institutions, with the

20 proper dual signatures. The dual signatures will come from the persons listed below and

21 require at least one signature being the City Clerk.

22
 RES/Depositories & Signatories July 2024
 7/5/24 1
23 Title: City Manager Name: Robert M. Perez, Ph.D.

24 Title: City Clerk Name: Brenda Younger

25 Title: Accountant III Name: Krystle Williams

26 Title: Accountant II Name: Amanda Meyer

27 BE IT FURTHER RESOLVED that checks, drafts or other instruments for payment of

28 money drawn to the order of the City of Topeka shall, when properly endorsed, be

29 accepted by the banks and savings institutions for deposit only to the credit of the City of

30 Topeka.

31 BE IT FURTHER RESOLVED that Resolution No. 9524 is rescinded and that the

32 foregoing powers and authority outlined herein are to be continued until written notice or

33 revocation has been given to the banks and savings institutions by the City of Topeka.

34 This Resolution shall become effective after it is adopted and approved by the

35 Governing Body.

36 ADOPTED and APPROVED by the Governing Body on ______________________.

37 CITY OF TOPEKA, KANSAS
38
39
40
41
42 Michael A. Padilla, Mayor
43 ATTEST:
44
45
46
47
48 Brenda Younger, City Clerk




 RES/Depositories & Signatories July 2024
 7/5/24 2
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 July 9, 2024


DATE: July 9, 2024
CONTACT PERSON: Ben Hart - Interim Chief DOCUMENT #:
 Financial Officer
SECOND PARTY/SUBJECT: Kansas Municipal PROJECT #:
 Investment Pool
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, authorizing the City of Topeka's
participation in the Kansas Municipal Investment Pool and authorizing signatories and rescinding City of
Topeka Resolution No. 9490.

(Approval would approve the City of Topeka's participation in the investment pool and authorizing signatories.)

VOTING REQUIREMENTS:
Action requires least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to approve the City of Topeka's participation in the investment pool and authorizing signatories on the
account.
STAFF RECOMMENDATION:
Staff recommends the Governing Body approve the resolution as part of the consent agenda.
BACKGROUND:
Approval is necessary to allow staff members to complete daily duties.
BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Not Applicable.
ATTACHMENTS:
Description
Resolution
 1 RESOLUTION NO. ______
 2
 3 A RESOLUTION introduced by City Manager Robert M. Perez concerning the City of
 4 Topeka's participation in the State of Kansas Municipal Investment Pool
 5 and rescinding City of Topeka Resolution No. 9525.
 6
 7 WHEREAS, the City of Topeka is a municipality, as defined in K.S.A. 12-1675a,

 8 hereinafter referred to as "Participant," and from time to time has funds on hand in excess

 9 of current needs; and

10 WHEREAS, it is in the best interests of Participant and its inhabitants to invest funds

11 in investments that yield a favorable rate of return while providing the necessary liquidity

12 and protection of the principal; and

13 WHEREAS, the Pooled Money Investment Board, hereinafter referred to as "PMIB,"

14 operates the Municipal Investment Pool, hereinafter referred to as "MIP," a public funds

15 investment pool, pursuant to K.S.A. 12-1677a, and amendments thereto; and

16 WHEREAS, the MIP is a permitted investment of the City under K.S.A. 12-1675.

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

18 1. That Participant approves the establishment of an account in its name in the

19 MIP for the purpose of transmitting funds for investment, subject to the MIP Participation

20 Policy adopted by the PMIB, and Participant acknowledges it has received a current copy

21 of such Participation Policy. Participant's taxpayer identification number assigned by the

22 Internal Revenue Service is 48-6028701.

23 2. That the following individuals are officers or employees of Participant and are

24 each hereby authorized to transfer funds for investment in the MIP, to withdraw funds from

25 time to time, to issue letters of instruction, and to take all other actions deemed necessary

26 or appropriate for the investment of funds upon submission of dual signatures. The dual



 RES/MIP participation July 2024
 7/5/2024 1
27 signatures will come from the persons listed below and requires at least one signature by

28 the City Clerk:

29 Title: City Manager Name: Robert M. Perez, Ph.D.

30 Title: City Clerk Name: Brenda Younger

31 Title: Accountant III Name: Krystle Williams__

32 Title: Accountant II Name: Amanda Meyer

33 3. That notices required by the PMIB's Municipal Investment Pool Participant

34 Policy shall be provided to:

35 Finance Department
36 215 SE 7th, Room 358
37 Topeka, Kansas 66603
38 785-368-2544
39 785-368-3975 (fax)
40
41 4. That this Resolution and its authorization shall continue in full force and effect

42 until amended or revoked by the Participant and until the PMIB receives a copy of any such

43 amendment or revocation, the PMIB is entitled to rely on same.

44 BE IT FURTHER RESOLVED that the City of Topeka Resolution No. 9525 is hereby

45 rescinded.

46 ADOPTED and APPROVED by the Governing Body on ______________________.

47 CITY OF TOPEKA, KANSAS
48
49
50
51 Michael A. Padilla, Mayor
52 ATTEST:
53
54
55
56 Brenda Younger, City Clerk




 RES/MIP participation July 2024
 7/5/2024 2
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 July 9, 2024


DATE: July 9, 2024
CONTACT PERSON: Dan Warner, AICP, DOCUMENT #: CU09/4A
 Planning Division
 Director
SECOND PARTY/SUBJECT: Kansas Children's PROJECT #: n/a
 Discovery
 Center/SDGroup
CATEGORY/SUBCATEGORY 020 Resolutions / 001 Special Permits
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

RESOLUTION introduced by City Manager Dr. Robert M. Perez, in accordance with Section 18.60.010 of
the Topeka Municipal Code (TMC), approving a Conditional Use Permit to allow for the expansion of a
“Cultural Facility” on property located at 4400 SW 10th Avenue (Kansas Children’s Discovery Center)
and zoned “R-1” Single Family Dwelling District, all being within the City of Topeka, Shawnee County
KS (CU09/4A) (Council District No. 9)

Voting Option Requirements: (1) Approve Planning Commission's recommendation, 6 votes are required
of the Governing Body (2) Reject or Amend Planning Commission's recommendation, 7 votes are
required of the Governing Body; or (3) Remand back to Planning Commission, 6 votes are required of
the Governing Body.

(Approval will allow for a 16,120 sf expansion to the existing Kansas Children's Discovery Center and
75 new parking stalls.)

VOTING REQUIREMENTS:
The Governing Body has the following voting options:

 1. Approve Planning Commission's recommendation, 6 votes are required of the Governing Body; or
 2. Reject or Amend Planning Commission's recommendation, 7 votes are required of the Governing
 Body; or
 3. Remand back to Planning Commission, 6 votes are required of the Governing Body.
POLICY ISSUE:
Whether to adopt the Planning Commission's recommendation to approve the requested conditional use permit.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the resolution.
BACKGROUND:
CU09/4A is a request by the Kansas Children's Discovery Center to amend the existing Conditional Use Permit
(CUP) approved in 2009. The amended CUP will allow for a 16,120 square foot addition to the existing facility for
new exhibit halls and classrooms.

The applicant conducted a Neighborhood Information Meeting on May 22, 2024. The applicant, consultants, City
Councilwoman Michelle Hoferer, and City planning staff attended the meeting. There was one citizen in
attendance who and expressed no concerns with the proposal.

The Planning Commission held a public hearing and voted to APPROVE the Conditional Use Permit at its June
17, 2024 public meeting by a vote of 7-0-0. The City of Topeka Planning Department recommended APPROVAL
as stated in the staff report.
BUDGETARY IMPACT:
Approval of the Conditional Use Permit has no budgetary impact to the City.
SOURCE OF FUNDING:
Not Applicable

ATTACHMENTS:
Description
Resolution
Presentation
Staff Report
Aerial Map
Zoning Map
Future Land Use Map
CUP Site Plan Recommended
Landscape Plan
CUP Statement of Operations
Master Sign Plan
Neighborhood Meeting attendance sheet
Revised Traffic Impact Analysis 6-19-2024
Planning Commission Minutes of June 17, 2023
 RESOLUTION___________________

 CONDITIONAL USE PERMIT

RESOLUTION introduced by City Manager Dr. Robert M. Perez in accordance with Section 18.60.010 of
 the Topeka Municipal Code (TMC), approving a Conditional Use Permit to allow for the
 expansion of a “Cultural Facility” on property located at 4400 SW 10th Avenue (Kansas
 Children’s Discovery Center) and zoned “R-1” Single Family Dwelling District, all being
 within the City of Topeka, Shawnee County KS (CU09/4A) (Council District #9)

BE IT RESOLVED by the Governing Body of the City of Topeka, Kansas, that the application under the provisions

of TMC 18.60.010, approving a Conditional Use Permit to allow for the expansion of a “Cultural Facility” on

property located at 4400 SW 10th Avenue and zoned “R-1” Single Family Dwelling District, more specifically

legally described as follows:

 A TRACT OF LAND IN LOTS K AND J, WESTLAKE, ACCORDING TO THE RECORDED PLAT
 THEREOF, IN THE CITY OF TOPEKA, SHAWNEE COUNTY, KANSAS, DESCRIBED AS FOLLOWS:
 BEGIN AT THE SOUTHWEST CORNER OF SAID LOT K; THENCE ON AN ASSUMED NORTH
AZIMUTH OF 395 BEGIN 38 MINUTES 17 SECONDS, 587.25 FEET ALONG THE WEST LINE OF SAID
LOT K AND J; THENCE ON AZIMUTH 89 DEGREE 52 MINUTE 47 SECONDS, 679.69 FEET; THENCE
  ON AZIMUTH 180 DEGREES 37 MINUTES 08 SECONDS, 579.81 FEET TO THE SOUTH LINE OF
 SAIDE LOT K; THENCE ON AZIMUTH 269 DEGREES 13 MINUTES 36 SECONDS, 516.99 FEET
ALONG SAID SOUTH LINE; THENCE ON AZIMUTH 269 DEGREES 16 MINUTES 52 SECONDS, 152.79
FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGIINNING. THE ABOVE DESCRIBED TRACT
 ONTAINS 9.04 ACRES, MORE OR LESS.

be, and the same is hereby approved, subject to:

 1. Use and development of the site in accordance with the approved Site Plans and Statement of Operations for
 the CU09/4A Kansas Children’s Discovery Center – Amendment #1.

 ADOPTED AND APPROVED by the Governing Body of the City of Topeka, July 9, 2024.


 ______________________________
 Michael Padilla, Mayor
ATTEST:

____________________________________
Brenda Younger, City Clerk
CU09/4A Kansas Children’s
 Discovery Center
  A24/02 JJH Properties
  Dan Warner, AICP, Planning Director
CU09/04A/01 Kansas Children’s Discovery Center 2
A24/02 HME 3




 Subject
 Subject
 Property
 Property
 STAFF REPORT – ZONING CASE
 TOPEKA PLANNING DEPARTMENT
 PLANNING COMMISSION DATE: Monday, June 17, 2024

APPLICATION INFORMATION:
CASE NUMBER / NAME: CU09/04A – Kansas Children’s Discovery Center – Revision
 #1

REQUESTED ACTION / CURRENT Requesting an amendment to the existing Conditional Use Permit
ZONING: for a “Cultural Facility” on property zoned “R-1” Single Family
 Dwelling District to allow for an expansion.

PROPERTY OWNER: Board of Shawnee County Commissioners

APPLICANT REPRESENTATIVE: Andrew Weichen, SDG Architects

CASE PLANNER: Ann-Marie Driver, AICP, Planner II

PROPERTY LOCATION / PARCEL ID: 4400 SW 10th Avenue

STAFF RECOMMENDATION: APPROVAL subject to conditions in the staff report

RECOMMENDED MOTION: Based on the findings and analysis indicated in the staff report I
 move to recommend APPROVAL to the Governing Body of
 Conditional Use Permit CU9/04A, subject to the conditions
 stated in the staff report, the statement of operations, site and
 landscape plan, and other related plans.

PHOTOS:




PROJECT AND SITE
INFORMATION
PROPOSED USE / SUMMARY: A new 16,120 sf exhibit hall and classroom space addition attached
 to the north end of the existing museum that includes traveling
 exhibition hall, administrative offices, new restrooms, and additional
 summer day care classroom space.
DEVELOPMENT / CASE HISTORY: A CUP (CU09/04) was approved in 2009 to allow a “cultural facility”
 known as the Kansas Children’s Discovery Center, considered an
 educational discovery museum intended to facilitate hands-on,
 “learning by doing” activities with an emphasis on math, science and
 arts in an immersive environment. The facility included a 15,900 sq.
 ft. building, surrounding parking for 74 vehicles, and outdoor trails,
 outdoor play areas, and native vegetative play areas.

ZONING AND CHARACTER OF The neighborhood lies within and adjacent to the 160 plus acre Gage
SURROUNDING PROPERTIES: Park, which is home to significant Topeka landmarks, such as: The
 Carousel, the Rose Garden, Blaisdell Pool, and the Topeka Zoo. The
 subject site is located east of Mount Calvary Cemetery and north,
 across SW 10th Street from McFarland Farms Subdivision, which
 includes estate residences. The surrounding area is entirely zoned
 “R-1” Single Family Dwelling District for single – family residential
 usage, open space, and public uses.

COMPLIANCE WITH
DEVELOPMENT
STANDARDS AND
GUIDELINES
BUILDING HEIGHT, SETBACKS Compliant – Building setbacks are measured from the exterior property
AND FENCES: boundaries of Gage Park. The Kansas Children’s Discovery Center
 holds a long – term lease of their land from Shawnee County.
PARKING AND ACCESS: Compliant – The amount of off-street parking is from Topeka Municipal
 Code section 18.240 for “Cultural Facilities” at a ratio of 1 stall per 300 sf
 of net floor area with 106 stalls proposed (Existing + New) and 126 stalls
 being required.

LANDSCAPING AND SCREENING: Compliant - A Landscape Plan pursuant to TMC18.235 was submitted
 and is acceptable as the proposed plan emphasizes street trees along
 the frontages of the site and within parking lot islands. A stamped
 landscape plan denoting full point values will be provided at the time of
 Building Permit issuance.

SIGNAGE: Planning staff have approved the attached signage program establishing
 the approved signs that may be placed on the subject property. Approval
 of sign permits will be required.

LIGHTING & SOUND Any exterior lighting shall be no more than three foot-candles as
GENERATION: measured at the property line and the source of illumination shall not be
 visible from public right-of-way or adjacent properties per code.

TMC 18.215.030 – The CUP chapter identifies key guidelines for the review and approval of
GUIDELINES FOR CUP CUPs, namely: 1. Land use compatibility (Height and floor area,
EVALUATION: setbacks, and building coverage) 2. Site Development (Parking and
 internal circulation, storm water management, building design) 3.
 Operating Characteristics (Traffic capacity) 4. Comprehensive Plan.

 CU09/04A – Kansas Children’s Discovery Center Revision #1
 Page 2
 The CUP plan demonstrates satisfactory conformance with these
 guidelines. The comments from City Traffic Engineering indicate the
 applicant will need to address discrepancies in the land use codes that
 were used in the peak hour trip generation to ensure the project will not
 have a negative impact on public infrastructure and roadways. The
 Traffic Impact Analysis is still under review by City Traffic Engineering
 and approval is required prior to issuance of any building permits.


OTHER FACTORS

SUBDIVISION PLAT: The site is already platted as Lots J and K, West Lake Subdivision.

FLOOD HAZARDS, STREAM The property lies within Panel 20177C0215E, Area of Minimal Flooding.
BUFFERS:

HISTORIC PROPERTIES: None

NEIGHBORHOOD The applicant conducted a Neighborhood Information Meeting on
INFORMATION Wednesday, May 22, 2024 at 5:30 pm was conducted on-site at the
MEETING: Kansas Children’s Discovery Center. The applicant, as well as,
 consultants SDG and CF&S, were in attendance at the meeting. The
 only City staff members present were planners Anne-Marie Driver and
 Mike Hall. No issues were expressed in opposition to the proposed
 expansion. One person other than the applicant and City
 representatives attended the meeting and he did not express any
 objections.




REVIEW COMMENTS BY CITY DEPARTMENTS
AND EXTERNAL AGENCIES

 PUBLIC WORKS/ENGINEERING: A Stormwater Management Plan addressing water quality and quantity has
 been submitted by the applicant’s consultant and is still under review by the
 City of Topeka Stormwater Engineer. Detention and treatment of storm
 water runoff generated by the new impervious surface on the property is
 required. Approval is required prior to Building Permit issuance.

 PUBLIC WORKS/ TRAFFIC Traffic Engineering requested a Level 1 Traffic Impact Analysis be included
 ENGINEERING: as part of the submittal, which is basically a trip generation estimate for the
 new land uses and building areas.

 Based on review of the TIA, Traffic Engineering findings are as follows:

 The site is expected to generate an additional 189 trips in the AM peak
 hour and 191 trips in the PM peak hour. The TIA is recommending a Level
 3 Traffic Impact Analysis because peak hour trips exceed the threshold of
 100 vehicle trips per day and therefore, may potentially impact adjacent
 CU09/04A – Kansas Children’s Discovery Center Revision #1
 Page 3
 roadways. Engineering recommends a higher level study that will further
 address the higher level of demand from the proposed uses on public
 infrastructure. Recommendations of City Traffic Engineering are attached.
 and approval of the amended TIA is a conditional of approval of the
 Conditional Use Permit.


  UTILITIES: None identified with the CUP. Public sanitary sewer and water are available
 to the site and property with connections being at the expense of the
 developer. If public extensions are necessary, these improvements will be
 made at the expense of the developer.

  FIRE: The Fire Department requires a 20 ft. wide unobstructed driving lane and hard
 surfaced to support the loads of 75,000 lbs.

  DEVELOPMENT SERVICES: There is a note on the CUP site plan stating all required permits, including:
 Building, Site Construction, Parking Lot, Fence, etc.

 KEY DATES
 APPLICATION SUBMITTAL: April 19, 2024

 NEIGHBORHOOD INFORMATION MEETING: May 22, 2024

 LEGAL NOTICE PUBLICATION: May 22, 2024

 PROPERTY OWNER NOTICES MAILED: May 24, 2024


STAFF ANALYSIS

EVALUATION CRITERIA: In considering an application for a Conditional Use Permit, the Planning Commission and
Governing Body make findings and conclusions with respect to the following pursuant to Topeka Municipal Code Section
18.245.020 and the golden criteria in order to protect the integrity and character of the zoning district in which the proposed
use is located and to minimize adverse effects on the surrounding properties and neighborhood. In addition, all
Conditional Use Permit applications are evaluated in accordance with the standards established in the Section 18.215.030
as related to land use compatibility, site development, operating characteristics, and consistency with the Comprehensive
Plan.

 1. The conformance of the proposed use to the Comprehensive Plan and other adopted planning policies: The
 subject property lies within an area designated for “Parks and Open Space” land uses in the Land Use and Growth
 Management Plan – 2040. The facility is considered an educational “learning- by- doing” center and has become a
 contributing asset to Gage Park, which includes the Topeka Zoo. The conditional use permit (CUP) does not affect
 the underlying zoning of the property and the expansion allows the Discovery Center to provide better services to
 the community and even attract new patrons to visit Topeka and its surrounding areas. As conditioned and
 recommended by staff, the amendment to the CUP will be in conformance with the “Parks and Open Space”
 designation in the Land Use and Growth Management Plan – 2040. The expansion continues to encourage the
 goals and objectives of the Discovery Center to promote child development and education across the entire
 spectrum of learning.


 CU09/04A – Kansas Children’s Discovery Center Revision #1
 Page 4
 2. The character of the neighborhood including but not limited to: land use, zoning, density, architectural
 style, building materials, height, structural mass, siting, open space and floor-to area ratio: The
 surrounding neighborhood is a mix of private residential lots and public uses and includes the Gage Park
 complex, Topeka Zoo, Blaisdell Pool, Rose Garden, athletic fields, the Mount Calvary Cemetery to the west
 and detached single family homes within McFarland Farm Subdivision located south of SW 10th Avenue. The
 character of the area is not changing with approval of the amendment to the CUP and the expansion continues
 to complement uses within Gage Park. The building’s architectural style is not out of character with the existing
 building and surrounding uses within Gage Park, the Topeka Zoo, and Mt. Calvary Cemetery. Hence, approval
 of the CUP will not alter the character of the existing neighborhood.

 3. The zoning and uses of nearby properties, and the extent to which the proposed use would be in harmony
 with such zoning and uses: The zoning and uses of surrounding nearby property is “R-1” Single Family Dwelling
 District uses and comprises a mix of private residential and public uses. The surrounding area has been developed
 for the cemetery and Gage Park for the last 100 years. The zoning is not changing and the proposed use will remain
 similar to the surrounding land uses contained within the Gage Park.

 4. The suitability of the property for the uses to which it has been restricted under the applicable zoning district
 regulations: The subject property is still suitable as restricted under the current zoning of “R-1” Single Family
 Dwelling District and is consistent with the existing park and open spaces uses The “R-1” zoning classification does
 not change with approval of the Conditional Use Permit and the “R-1” Single Family zoning will remain in effect.

 5. The length of time the property has remained vacant as zoned: The existing Discovery Center was constructed
 in 2010 after the CUP was approved in 2009. The building has not been vacant in that timeframe.

 6. The extent to which the approval of the application would detrimentally affect nearby properties: There will
 not be a detrimental effect upon nearby properties by approval of the application. The expansion is compatible with
 the existing building and new off-street parking is being provided to accommodate the additional visitors. The hours
 of operations will remain 9:00 am to 5:00 pm, Tuesday – Saturday (closed Sundays and Mondays). These hours
 are similar to other uses within Gage Park, including Blaisdell Pool and the Topeka Zoo. After the expansion, the
 Kansas Children’s Discovery Center will continue to complement other public uses located within Gage Park.

 7. The extent to which the proposed use would substantially harm the value of nearby properties: The proposed
 use will not harm the value of nearby properties as it enhances the surrounding uses and properties within Gage
 Park. Furthermore, the additional substantial investment being made to the building should have a positive effect
 on surrounding properties and, therefore, benefit the neighborhood by encouraging further investment.

8. The extent to which the proposed use would adversely affect the capacity or safety of the portion of the
 road network influenced by the use, or present parking problems in the vicinity of the property: Staff
 anticipates there will be no adverse impact upon the road network by approval of the expansion. Additional off-
 street parking for 126 stalls will be provided to accommodate the proposed new 16,000 sq. ft. addition. A Traffic
 Impact Analysis has been submitted and will be approved by the City of Topeka Traffic Engineer prior to issuance
 of any permits to ensure there is not a negative impact on the public roadway system. Access to the Discovery
 Center continues to be off of two private streets, one connecting to Westchester Road and the other to SW 10th
 Avenue. SW 10th Avenue is a three-lane arterial street.

 9. The extent to which the proposed use would create excessive air pollution, water pollution, noise pollution
 or other environmental harm: The proposed development is not anticipated to create excessive harm to air,
 water, noise pollution provided all state and local regulations are addressed as part of the development plan
 approval. A storm water management plan will be approved by the City of Topeka Storm Water Engineer prior to
 building permit issuance. Detention and water quality treatment of storm water runoff will be required at such time
 to ensure the project does not have a negative impact upon adjacent properties.
 CU09/04A – Kansas Children’s Discovery Center Revision #1
 Page 5
10. The economic impact of the proposed use on the community: Currently, the Kansas Children’s Discovery
 Center has a positive economic impact upon the community. The expansion will enable the facility to have an even
 greater impact by allowing the facility to attract new and more traveling exhibits, which will bring new visitors to
 Topeka. In turn, these new visitors will patronize surrounding businesses creating an economic multiplier effect
 upon the community.

11. The gain, if any, to the public health, safety and welfare due to denial of the application as compared to the
 hardship imposed upon the landowner, if any, as a result of denial of the application: There is no gain to the
 public health, safety and welfare by denial of the application. If approved, there will be a benefit to the public health,
 safety, and welfare as the Discovery Center improves Gage Park as a public asset for Topeka and surrounding
 areas. Alternatively, the hardship imposed upon the individual landowner by denial of the application is the loss of
 any investments already made by the property owner. Allowing the Discovery Center to expand in response to
 demand is of benefit to Topeka and the surrounding market area.

STAFF RECOMMENDATION:
RECOMMENDATION: Based upon the above findings and analysis, Planning Department staff recommends
APPROVAL subject to the following conditions in the staff report.

RECOMMENDED MOTION: Based on the findings and analysis in the staff report I move to recommend APPROVAL
to the Governing Body of the Conditional Use Permit CU09/04A – Revision #1 subject to:

 1. Use and development of the site in accordance with the approved Site Plan, Landscape Plan, other related plans,
 and Statement of Operations for the Kansas Children’s Discovery Center – Amendment #1.
 2. Revise Statement of Operations to include within the first sentence: “…allow for expansion of a cultural center
 and include a day care business as accessory to the facility. . .”
 3. Specify hours of operation for the museum as well as day care center.
 4. Comply with the recommendations of the City Traffic Engineer for a more detailed TIA prior to issuance of
 Building Permits.
 5. Revising Statement of Operations to add hours of day care and eliminate any spelling errors.

Attachments:

  CUP Site Plan
  CUP Landscape Plan
  Approved Sign Program
  Traffic Impact Analysis
  Traffic Engineering Comments
  Aerial Map
  Zoning Map
  Future Land Use Map
  Neighborhood Meeting Attendance Sheet




 CU09/04A – Kansas Children’s Discovery Center Revision #1
 Page 6
A
A
A
 Digitally signed by Ann-Marie
 Driver
 DN: C=US,
 E=adriver@topeka.org, O=CIty
 of Topeka, OU=Planning
 Division, CN=Ann-Marie Driver
Ann-Marie Driver Location: Planning Division
 Reason: I have reviewed this
 document
 Contact Info:
 adriver@topeka.org
 Date: 2024.06.21 16:29:11-05'00'




Other: After Approval by Governing Body,
provide
one owner - signed copy to the Planning
Division
 Digitally signed by Ann-Marie
 Driver
 DN: C=US,
 E=adriver@topeka.org, O=CIty


Ann-Marie Driver
 of Topeka, OU=Planning
 Division, CN=Ann-Marie Driver
 Location: Planning Division
 AMENDMENT #1
 Reason: I have reviewed this
 document
 Contact Info:
 adriver@topeka.org
 Date: 2024.06.21
 16:27:48-05'00'


 STATEMENT OF OPERATIONS

 Kansas Children’s Discovery Center – Exhibit Hall & Classroom Addi%on

 A Major Amendment to a Condi onal Use Permit for the expansion of a children’s museum, to be used
 as museum/exhibit space and provide child day care service when school is not in session.

 The children’s museum known as the Kansas Children’s Discovery Center (KCDC), which is located in Gage
 Park within the West Lake Subdivision, and is zoned and will remain zoned R-1.

 With KCDC’s current building regularly at capacity, this Major Amendment to a Condi onal Use Permit
 proposes the construct of a new 16,120 sq.8. expansion to an exis ng 15,900 sq.8. children’s museum,
 reloca on of the exis ng drive from SW Conserva on Drive, new loading dock, and 52 new/addi onal
 parking stalls.

 The proposed expansion presents an opportunity to elevate educa onal oﬀerings and visitor experiences
 at KCDC. By doubling the current size of the facility and integra ng innova ve design elements, this
 project will create further immersive learning environments that will engage visitors of all ages. The
 proposed expansion will also provide for enhanced capabili es to accommodate larger and more
 complex traveling exhibits thereby establishing more opportuni es for community par cipa on. From
 enhanced STEAM learning experiences to the establishment of dedicated learning lab classrooms, the
 expansion demonstrates a community commitment to fostering curiosity and lifelong learning.

 KCDC an cipates an addi onal 30,000 visitors annually across the en re facility once the new space is
 fully opera onal, poten ally increasing annual a?endance from 120,000 in 2023 to 150,000, with an
 es mated 7,000-10,000 ﬁeld trip students annually, with the majority arriving by bus. Field trips are
 most common during the spring. Daily a?endance ﬂuctuates depending on factors like weather, school
 schedules, and community events, with Saturdays having the largest a?endance.

 When school is not in session, the proposed classrooms could be u lized as child day care service and
 accommodate up to 90 children. This program is designed to provide a safe and engaging environment
 for children during various school breaks.

 In addi on, KCDC is working to support families of Na onal Guard members, to oﬀer child day care
 service one weekend per month catering to a maximum 30 children whose parents are serving in the
 Na onal Guard and would take place in one of the three classrooms.

 Children’s museum hours of opera on are 9:00am-5:00pm Tuesday, Wednesday, Friday, and Saturday;
 12:00pm-5:00pm Sundays; and 9:00am-8:00pm on Thursdays, with the third Thursday of each month
 being a free night a?rac ng the peak evening a?endance. While none are currently planned, with the
 added space, there's the poten al to consider addi onal play me hours as we con nue to assess how
 best to u lize the added space to poten ally meet the changing needs of the community.

 Child day care service hours of opera on are 7:30am-5:30pm Monday – Friday during mes when school
 is not in session and 7:30am-5:30pm one weekend per month.
 Kansas Children's Discovery Center
 2024-05-29 Meeting Minutes
 Attendees
 Michael Hall - TPD
 Annie Driver - TPD
 Dene Mosier - KCDC
 Laura Burton - KCDC
The zoning of the site is R-1. See Sec on 18.10.130 for sign standards. Standards for non-residen al uses in R-1 zoning apply. Fran Ryan - SDG
Sign code: h ps://topeka.municipal.codes/TMC/18.10 Jenny Ast - SDG
 Wilhelm Wiedow - SDG
 Andrew Wiechen - SDG
In addi on to the requirements in the chart below, be advised that signs are not allowed in the street right-of-way. I es mate the edge of right of way along
10th Ave to be 45 feet behind the curb at edge of roadway, and 30 feet behind the edge of roadway along Westchester Road. All free-standing signs must meet
sight distance restric ons (meaning may not be located in the sight distance triangle)

Sign area to be calculated as area of text and logo only.

 Proposed Sign Sign Type Allowed / Max height and size Other Requirements Permit Required
 #1 Entrance Sign Free-standing Monument Allowed / maximum of 10’ height and 50 sf area. Do not locate in street right of Yes.
 Sign (primary sign) way.
 An electronic message center is allowed but may not
 exceed ½ the allowed area of the sign. 5’ setback behind property line at
 right of way.
 #2 and #3 Free-standing incidental Allowed / not allowed as a primary free-standing Set sign back so it is not in the sight Permit required if
 Directional Signs sign sign. Not on a public street but along an internal distance triangle illuminated; permit is not
 (incidental sign) private drive and thus max height is 8 feet and max required if non-
 area is 32 sf. illuminated.
 #4 Directional A free-standing monument Allowed as a primary sign: Same as Sign #1 As a primary sign: Same as Sign #1 As a primary sign: Same
 Sign sign is permitted as a as Sign #1
 “primary sign” if along Or --- Free-standing incidental
 Westchester Rd. sign: Must be located outside of Free-standing incidental
 Allowed as a free-standing incidental sign: right-of-way and behind property sign: Permit required if
 Alternatively, a Limited to a max of 4 feet in height and line. illuminated; permit is not
 freestanding incidental sign 6 sf in area. required if non-
 may be used but is very illuminated.
 limited
 #5 and #6 Wall signs These appear to meet the sign code, but more Signs can wrap outside corners of Permits required.
 Building Signs information will be needed to determine compliance. the building frontage.

 Applicable standards: A maximum of 1 sign per 50 #5:
 linear feet of building frontage (building frontage: • East Frontage: 100 sf
 width of building wall measured horizontally); overall • North Frontage: 75 sf
 wall signage shall not exceed 1.5 sf per linear foot of
 building frontage with no single sign exceeding 100 #6:
 sf. • East Frontage: 100 sf
 • North Frontage: 100 sf
 An electronic message center is allowed but may not
 exceed ½ the allowed area of the sign.
Proposed REFERENCE ATTACHED
 SHEET AS-001 FOR
 MEETING NOTES AND
 ADDITIONAL INFORMATION.


 3 DIRECTIONAL SIGN NO SIGN AT THIS LOCATION




 6 BUILDING SIGN
 Maximum of 100 sf area.
 BUILDING
 EXPANSION Maximum of 1 sign per 50 linear feet of building frontage

 An electronic message center is allowed but may not
 exceed ½ the allowed area of the sign.

 2 DIRECTIONAL SIGN
 NO SIGN AT THIS LOCATION


 5 BUILDING SIGN
 Maximum of 100 sf area.

 Maximum of 1 sign per 50 linear feet of building frontage

 An electronic message center is allowed but may not
 exceed ½ the allowed area of the sign.

 Signs can wrap outside corners of the building frontage.




 1 ENTRANCE SIGN
 Maximum of 10’ height and 50 sf area.

 4 DIRECTIONAL SIGN NO SIGN AT THIS LOCATION
 An electronic message center is allowed but may
 not exceed ½ the allowed area of the sign.
 98'-2 1/2"


 PROPOSED
 WALL SIGN
 300 SF

 343'-10"
 PER TOPEKA MUNICIPAL CODES 18.10.130 ON-PREMISES SIGN
 STANDARDS BY TYPE AND DISTRICT. (d)(2) STANDARDS
 EXCEPTION 2: WALL SIGNS ON FACADES LOCATED 300 FEET OR
 MORE FROM THE STREET RIGHT-OF-WAY TO WHICH THEY FACE



 189'-8 3/4"
 ARE PERMITTED UP TO 200 SF IN O&I, C-1, AND D-2 DISTRICTS,
 AND UP TO 300 SF IN ALL OTHER ZONING DISTRICTS.




 PROPOSED LOCATION FOR POST SIGN OR ART SCULPTURE.
 POST SIGN AT THIS LOCATION WILL BE CONSIDERED AS INCIDENTAL
 AND SIZE MAY EXCEED TMC STANDARDS DUE TO IT NOT BEING
 VISIBLE FROM THE PUBLIC WAY. THOUGH IT IS REQUIRED TO BE
 PROPORTIONAL TO THE BUILDING.
 ART SCULPTURE WITHOUT ADVERTISEMENT AND/OR BRANDING AND
PROPOSED
 INFORMATION IS NOT LIMITTED IN SIZE.
CORNER WRAP
WALL SIGN
100 SF AT
NORTH FACADE

 PROPOSED
 CORNER WRAP
 WALL SIGN
 100 SF AT EAST
 FACADE


 97'-7 1/4"

 EXISTING ROOF SIGN
 24 SF TO REMAIN.
 THIS SIGN IS
 CONSIDERED EXISTING
 NON-CONFORMING AND
 DOES NOT COUNT
 AGAINST ADJACENT
 WALL SIGN AREA.



 518'-6 1/2" 2'-
 3
 45
 3/
 4"




 1
 MONUMENT SIGN
EXISTING ROOF SIGN
24 SF TO REMAIN. PROPOSED
THIS SIGN IS CORNER WRAP
CONSIDERED EXISTING WALL SIGN
NON-CONFORMING AND 100 SF AT EAST
DOES NOT COUNT FACADE
AGAINST ADJACENT
WALL SIGN AREA. PROPOSED
 WALL SIGN
 PROPOSED 300 SF
 CORNER WRAP
 WALL SIGN
 100 SF AT
 NORTH FACADE




 PER TOPEKA MUNICIPAL CODES 18.10.130 ON-PREMISES SIGN
 STANDARDS BY TYPE AND DISTRICT. (d)(2) STANDARDS
 EXCEPTION 2: WALL SIGNS ON FACADES LOCATED 300 FEET OR
 MORE FROM THE STREET RIGHT-OF-WAY TO WHICH THEY FACE
 ARE PERMITTED UP TO 200 SF IN O&I, C-1, AND D-2 DISTRICTS,
 AND UP TO 300 SF IN ALL OTHER ZONING DISTRICTS.
EXISTING ROOF SIGN
24 SF TO REMAIN. PROPOSED
THIS SIGN IS CORNER WRAP
CONSIDERED EXISTING WALL SIGN
NON-CONFORMING AND 100 SF AT EAST
DOES NOT COUNT FACADE
AGAINST ADJACENT
WALL SIGN AREA. PROPOSED
 WALL SIGN
 PROPOSED 300 SF
 CORNER WRAP
 WALL SIGN
 100 SF AT
 NORTH FACADE




 PER TOPEKA MUNICIPAL CODES 18.10.130 ON-PREMISES SIGN
 STANDARDS BY TYPE AND DISTRICT. (d)(2) STANDARDS
 EXCEPTION 2: WALL SIGNS ON FACADES LOCATED 300 FEET OR
 MORE FROM THE STREET RIGHT-OF-WAY TO WHICH THEY FACE
 ARE PERMITTED UP TO 200 SF IN O&I, C-1, AND D-2 DISTRICTS,
 AND UP TO 300 SF IN ALL OTHER ZONING DISTRICTS.

 PROPOSED LOCATION FOR POST SIGN OR ART SCULPTURE.
 POST SIGN AT THIS LOCATION WILL BE CONSIDERED AS INCIDENTAL
 AND SIZE MAY EXCEED TMC STANDARDS DUE TO IT NOT BEING
 VISIBLE FROM THE PUBLIC WAY. THOUGH IT IS REQUIRED TO BE
 PROPORTIONAL TO THE BUILDING.
 ART SCULPTURE WITHOUT ADVERTISEMENT AND/OR BRANDING AND
 INFORMATION IS NOT LIMITTED IN SIZE.
PROPOSED EXAMPLE POST SIGN OR ART SCULPTURE FOR
REFERENCE ONLY.
POST SIGN AT THIS LOCATION WILL BE CONSIDERED AS
INCIDENTAL AND SIZE MAY EXCEED TMC STANDARDS DUE TO
IT NOT BEING VISIBLE FROM THE PUBLIC WAY. THOUGH IT IS
REQUIRED TO BE PROPORTIONAL TO THE BUILDING.
ART SCULPTURE WITHOUT ADVERTISEMENT AND/OR
BRANDING AND INFORMATION IS NOT LIMITTED IN SIZE.
Current




 1 ENTRANCE SIGN
1 Entrance 10th Ave. Sign

 Proposed Examples




  Current
2,3 4, Directional Signs

 Current Proposed Examples




 Rock Garden Drive




 Westchester & 10th Ave.




 Conservatory Drive
5, 6 Building Signs
Competitive Regional Museums
 Cook, Flatt & Strobel Engineers, P.A.


Traffic Impact Study - Level 1/ Kansas Children’s Discovery Center Building
Expansion
Date: June 19, 2024
Prepared by: CFS Engineers, P.A.
CFS Project Number: 24-5106



 Table of Contents
1. Location Description................................................................................................................................2
2. Land Use - Existing and Proposed...........................................................................................................3
3. Vehicle Trip Generation Rates and Design Hourly Volume.................................................................... 4
4. Summary and Recommendation.............................................................................................................. 5

 List of Figures
Figure 1. Site Location Map
Figure 2. Proposed Site Plan

 List of Tables
Table 1. ITE Traffic Generation Parameters and Calculation Details
 Cook, Flatt & Strobel Engineers, P.A.

1. Location Description
 This Level 1 Traffic Impact Study is for the proposed expansion of the Kansas Children’s
Discovery Center at 4400 SW 10th Avenue in Topeka, Kansas. The project is located at the southwest
corner of Gage Park and at the northwest corner of the intersection of SW 10th Avenue & Gage Park
Fitness Loop Trail. The center features an existing parking lot capable of accommodating a total of 74
parking stalls, including 4 handicapped parking spaces. A driveway, linking SW Rock Garden Dr and
SW Conservatory Dr, serves as the primary access route to the center.

 According to the latest site plan, the current 15,900 square feet building of the Kansas Children’s
Discovery Center is projected to undergo expansion by an additional 16,120 square feet to the north.
This expansion includes a designated 2,700 square feet to be utilized as a neighborhood center.
Correspondingly, in accompaniment to the expansion, a new parking lot will be constructed. It will
contain 56 parking stalls, including 2 designated handicapped parking spaces, to effectively
accommodate additional vehicles. Figure 1 shows the site location and Figure 2 displays the proposed
site plan improvements.




Figure 1. Site Location Map




 Page 2
 Cook, Flatt & Strobel Engineers, P.A.




Figure 2. Proposed Site Plan

2. Land Use - Existing and Proposed
 The project is located at the southwest corner of Gage Park, identified under the land use
category of 5232-Zoo/Animal Park, with a tax parcel ID of 0983401001001010. To the east of the site,
across SW Rock Garden Dr, there is a baseball court along with its corresponding parking lot. To the
south of the site, across SW 10th Avenue, there is a residential area with the land use category of
1101-Single Family Residence (Detached) and land use classification of 9910-Residential Highest and
Best Use. To the west of the site, across the Gage Park Fitness Loop Trail, lies a cemetery classified as
6720-Cemetery/Cremation Services. To the north of the site, across SW Conservatory Dr, is the Gage
Park Greenhouse (source: https://gis.sncoapps.us/propertysearch/index.html). The land use category of
the proposed site remains consistent with the current classifications of the surrounding areas.




 Page 3
 Cook, Flatt & Strobel Engineers, P.A.

3. Vehicle Trip Generation Rates and Design Hourly Volume
 The trip generation calculations were conducted using the land use types classified according to
the Institute of Transportation Engineers Trip Generation Guidelines, 11th Edition. However, the present
11th Edition does not include a land use category specific for the Children’s Discovery Center. Since a
Children’s Discovery Center is typically a type of interactive museum or learning center designated
specifically for children, the Saturday peak hour is considered for each land use. In this study, the land
use category of “Museum” (ITE Code 580) is used to represent the Children’s Discovery Center. For the
proposed neighborhood center, the land use category of “Variety Store” (ITE Code 814) is adopted.

 The estimated number of trips generated by the site were calculated based on the square footage
of the proposed buildings. Table 1 shows the parameters for new trips generation and the corresponding
generated trips.

Table 1. ITE Traffic Generation Parameters and Calculation Details
 Museum Museum Variety Store Variety Store
Description
 (ITE Code 580) (ITE Code 580) (ITE Code 814) (ITE Code 814)
Units 13,420 sq ft 13,420 sq ft 2,700 sq ft 2,700 sq ft
 Weekday AM Peak Hour Parameters
AM Peak Total 0.35 0.35*13.42 = 5 4.51 4.51*2.7 = 12
AM Peak In 40% 5*40% = 2 50% 12*50% = 6
AM Peak Out 60% 5*60% = 3 50% 12*50% = 6
 Weekday PM Peak Hour Parameters
PM Peak Total - - 7.42 7.42*2.7 = 20
PM Peak In - - 50% 20*50% = 10
PM Peak Out - - 50% 20*50% = 10
 Saturday Peak Hour Parameters
Sat. Peak Total 0.66 0.66*13.42 = 9 3.86 3.86*2.7 = 10
Sat. Peak In 71% 9*71% = 6 48% 10*48% = 5
Sat. Peak Out 29% 9*29% = 3 52% 10*52% = 5




 Page 4
 Cook, Flatt & Strobel Engineers, P.A.

4. Summary and Recommendation
 This Level 1 Traffic Impact Study estimated the number of new trips that would be generated by
the proposed expansion of the Kansas Children’s Discovery Center. In this study, the ITE land use
category “Museum” (ITE Code 580) and “Variety Store” (ITE Code 814) were used to represent the new
development. Referring to Table 1, the anticipated vehicle trips generation for the new building was
approximately 17 vehicle trips (8 in and 9 out) during the weekday AM peak hour, 20 vehicle trips (10
in and 10 out) during the weekday PM peak hour, and 19 vehicle trips (11 in and 8 out) during the
Saturday peak hour.

 According to the City of Topeka Traffic Impact Study Guidelines, the newly generated vehicle
trips are equal to or less than 20 vehicles per hour (vph) during the AM peak hour, PM peak hour, and
Saturday peak hour. This meets the criteria for a Level 1 Traffic Impact Study as outlined in the
guidelines.




 Page 5
 TOPEKA PLANNING COMMISSION
 Monday, June 17, 2024

 CASE MINUTES

 Members present: Corey Dehn, Jennifer Hannon, Del-Metrius Herron (arrived after roll call), Jim Kaup,
 William Naeger, Katy Nelson, and Donna Rae Pearson (7)

 Members Absent: Willie Brooks and Jim Tobaben (2)

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

CUP09/04 Kansas Children’s Discovery Center requesting an amendment to the existing Conditional Use Permit
for a “Cultural Facility” on property zoned “R-1” Single Family Dwelling District to allow for an expansion.

Staff:
Ann Marie Driver presented the staff report and staff’s recommendations of approval.

Questions/Comments from Commissioners:
NA

Owner Representative:
Kevin Holland, CFS Engineers

Mr. Holland stated that the traffic report (within the staff report) is being revised, as traffic engineers originally used
180 peak hour vehicles. The traffic report will move forward looking at a museum land use code, which is about 20-
30 additional vehicles during peak hours.

Ms. Pearson opened the hearing up 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 to move approval subject to conditions.
Approved 6-0-1
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 July 9, 2024


DATE: July 9, 2024
CONTACT PERSON: Dan Warner, AICP, DOCUMENT #:
 Planning Division
 Director
SECOND PARTY/SUBJECT: JJH Properties, LLC  PROJECT #: A24/02
CATEGORY/SUBCATEGORY 014 Ordinances – Non-Codified / 001 Annexation
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

ORDINANCE introduced by City Manager Dr. Robert M. Perez, annexing land to the City of Topeka,
Kansas, in accordance with K.S.A. 12-520(7), located approximately 380 feet to the west of the
intersection of NW 25th Street and NW Button Road on the north side within unincorporated Shawnee
County, Kansas and adjacent to the City of Topeka corporate limits, and said land being annexed for all
City purposes. (A24/02) (Council District No. 2)

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

(Annexation of 38.7-acre tract to accommodate the development of a steel manufacturing facility. The tract will
be assigned to Council District No. 2)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to approve the annexation of 38.7 acres located on the north side of NW 25th Street and approximately
380 feet to the west of the NW Button Road.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to adopt the ordinance.
BACKGROUND:
JJH Properties, LLC has requested annexation of 38.7 acres located on the north side of NW 25th Street
approximately 380 feet to the west of NW Button Road. The owner will construct a steel manufacturing facility.

Land Use and Growth Management Plan 2040
The property lies within the Employment Tier of the Urban Growth Area and the primary service area. The
Employment Tier is intended for employment related uses which are primarily industrial in nature. These areas do
not need to be developed in a compact manner due to
 a higher return on investment,
 lower call volume for emergency services, and
 separation between industrial uses and residential neighborhoods.

The subject property is contiguous to the City and services will be extended for private use by the developer. City
water is available along NW 25th Street, and sanitary sewer will require a 680-foot private extension from the
south.

The proposed use of a steel manufacturing site is consistent with the Employment Tier designation in the Land
Use and Growth Management Plan.

Street Network
NW 25th Street is a two-lane collector. The south half of the road was annexed previously (A20-02 Six Zero
North) and the north portion will be annexed by this ordinance. This segment of NW 25th Street will incur an
additional operation and maintenance cost of $12,000 annually.

The Topeka Planning Commission reviewed the annexation proposal at their meeting on June 17, 2024 and found
the annexation to be consistent with the City's Land Use and Growth Managment 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 annexations of 10 acres or more are consistent with the plan.
BUDGETARY IMPACT:
Services
There are no additional costs to serve the proposed annexation for Fire, Police, and Forestry.

Streets
Due to the north half of NW 25th Street being annexed there will be an annual operation and maintenance cost of
$12,000.

Water
Due to no new public assets being proposed, the project is expected to generate an annualized revenue of
$14,256.

Sewer
Due to no new public assets being proposed, the project is expected to generate an annualized revenue of
$20,242.

Stormwater
Due to no new public assets being proposed, the project is expected to generate an annualized revenue of
$17,308.

SOURCE OF FUNDING:
Not applicable

ATTACHMENTS:
Description
Ordinance
Presentation
A24/02 Aerial Map
Memo to Planning Commission (June 17, 2024)
Annexation Fact Sheet
Planning Commission Minutes of June 17, 2023
 (Published in the Topeka Metro News __________________)

 ORDINANCE NO. ________________________

AN ORDINANCE introduced by City Manager Dr. Robert Perez annexing land to the City of
Topeka, Kansas, in accordance with K.S.A. 12-520, located approximately 380 feet to the west
of the intersection of NW Button Road and NW 25th Street on the north side, within
unincorporated Shawnee County, Kansas and adjacent to the City of Topeka corporate limits, and
said land being annexed for all City purposes. (A24/2) (Council District No. 2)

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TOPEKA, KANSAS:

 Section 1. That the following described land, meeting the conditions for annexation

prescribed in K.S.A. 12-520(a)(7), is hereby annexed and made a part of the City of Topeka,

Kansas:

A tract of land in the northeast quarter, section 14, township 11 south, range 15 east of the
6th/P.M., in Shawnee County, Kansas, more particularly described by Chris M. Humphrey, LS-
1557, on December 29 2023, as follows: commencing at the southeast corner of the northeast
quarter of section 14, township 11 south range 15 east; thence south 88 degrees 18 minutes 12
seconds west, along the south line of said northeast quarter, a distance of 397.74 feet to the
point of beginning, which point is the southwest corner of the east 24 acres of said northeast
quarter; thence continuing south 88 degrees 18 minutes 12 seconds west, along the south line
of said northeast quarter, a distance of 422.27 feet, thence north 1 degree 28 minutes 11
seconds west a distance of 209.98 feet; thence south 88 degrees 18 minutes 12 seconds west
a distance of 273.78 feet; thence south 1 degree 28 minutes 11 seconds east a distance of
209.98 feet; then south 88 degrees 18 minutes 12 seconds west, along the south line of said
northeast quarter, a distance of 231.17 feet; thence north 1 degree 26 minutes 07 seconds
west, along the west line of the east half of said northeast quarter, a distance of 1,893.34 feet;
thence along the center line of the abandoned channel of Soldier Creek shown on pat of survey
NO. 68689, dated January 27, 1969, by William D. Gregg, County Surveyor, for the following
four courses:
Thence south 80 degrees 05 minutes 47 seconds east a distance of 10.74 feet;
Thence south 88 degrees 19 minutes 17seconds east a distance of 427.97 feet;
Thence north 61 degrees 00 minutes 53 seconds east a distance of 284.64 feet;
Thence north 81 degrees 04 minutes 30 seconds east a distance of 228.19 feet;
Thence south 1 degree 44 minutes 20 seconds east, along the west line of the east 24 acres of
said northeast quarter, a distance of 2,025.18 feet to the point of beginning. Containing 39.45
acres (gross) 38.89 acres (less right-of-way)

 Section 2. That all land described in Section 1 of this Ordinance is taken into and made a

part of the City for all City purposes and is assigned to City Council District No. 2.

 Section 3. This Ordinance shall take effect and be in force from and after its passage,
approval and publication in the official city newspaper.

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

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

Commissioner.




 PASSED AND APPROVED by the Governing Body of the City of Topeka,

_______________________, 2024.

 ____________________________
 Michael A. Padilla, Mayor
ATTEST:

_________________________________
Brenda Younger, City Clerk
 To Be Codified _______
 Not To Be Codified ___X___
CU09/4A Kansas Children’s
 Discovery Center
  A24/02 JJH Properties
  Dan Warner, AICP, Planning Director
CU09/04A/01 Kansas Children’s Discovery Center 2
A24/02 HME 3




 Subject
 Subject
 Property
 Property
 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: June 17, 2024
 RE: A24/02 – Annexation request by JJH Properties, LLC for the 38.7-acre
 property located approximately 380’ to the west of the intersection of
 NW 25th Street and NW Button Road on the north side.
Proposal
JJH Properties, LLC has consented to annexation of 38.7-acres located approximately
380 feet to the west of the intersection of NW 25th Street and NW Button Road on the
north side of NW 25th Street (see Map 1). The owner will construct a roughly 120,000
square foot building for steel manufacturing associated with their other properties to the
east (see Map 2).

The proposed use requires connection to City of Topeka water and sanitary sewer.
However, a sanitary sewer will be privately extended to an existing main 680 feet to the
south. Annexation of this property is appropriate as the proposed development is served
by city water and sewer and is an intensification of the current land uses to the east.

Background
Unilateral annexations of this type, one in which the property owner has consented to the
annexation and the property is contiguous to the City, requires City of Topeka Governing
Body approval. 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.

LUGMP Review
The property lies within the Employment Tier of the Urban Growth Area (see Map 1) and
the primary service area. The Employment Tier is intended for employment related uses
which are primarily industrial in nature. These areas do not need to be developed in a
compact manner due to: higher return on investment, lower call volume for emergency
services, and separation between industrial uses and neighborhoods. Generally
speaking, the City of Topeka should ensure adequate services are available, and land is
contiguous to City limits, prior to annexation.




 Ci ty o f T o p e k a P l a n n i n g & D e v e l o p m e n t D e p a r tm e n t
Four of the five required services are available to the site as it abuts the City boundary
and the Six Zero North subdivision. Water is currently available along NW 25th Street and
an additional private water line will be extended to serve the other properties under HME’s
ownership. Sanitary sewer service is currently unavailable to the site and is located
roughly 680 feet to the south of the site. The developer will pay to extend a private force
main and connect to City services. The development will take access from the collector
NW 25th Street, which is currently annexed to the centerline of the road. City of Topeka
Fire Department and Police Department indicated no additional costs associated with the
proposed annexation.


The subject property is designated as Urban Growth Area (industrial) and Employment
Tier by the Topeka Future Land Use Map (see Map 3). The proposed use aligns with the
Future Land Use identified in the Land Use and Growth Management Plan 2040.

Street Network
Future access to the parking lot will come from NW 25th Street a two-lane collector.

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


Map 1 – Property Location Relative to the UGA




 Page 2 of 4
Map 2 – Preliminary concept from PUD




 Page 3 of 4
Map 3 – Future Land Use




 Attachments:
 HME Annexation Fact Sheet




 Page 4 of 4
 Annexation Proposal
 Property located approximately 380’ to the west of the intersection of NW 25th Street and NW Button
 Road on the north side
 Fact Sheet & Department Comments
 Site

Address/Location: NW 25th Street; located approximately 380’ to the west of the intersection of NW
25th Street and NW Button Road.
Owner: JJH Properties LLC
Size: Approximately 38.7 acres
Existing Land Use: Farming / ranch land (no improvements)
Proposed Land Use: Manufacturing
Subdivision: Haas Subdivision (Pending Approval)

 Planning

Existing Zoning: I-2
Proposed Zoning: I-2
Current Population: 0 residents
Projected Population: 0 residents
Density: N/A
Comprehensive Plan: Urban Growth Area – Employment Tier
Primary Service Area (Sewer Required): Sewer service is available by an eight-inch collector line roughly
680 feet south of the property. The developer proposes to build a private force main to serve multiple
HME properties.
Urban Growth Area Map




 City of Topeka Planning Department
 4/29/2024
 Page 1
 Annexation Proposal
 Property located approximately 380’ to the west of the intersection of NW 25th Street and NW Button
 Road on the north side
 Fact Sheet & Department Comments

Preliminary concept for future development




 Annexation Procedure

Contiguous?: Yes

Consent?: Yes. Owner provided a written consent.

Requirements: Eligible for annexation under KSA 12-520(7). No required hearings or notices. No service
extension plan is required.

Approval Method: COT governing body passes ordinance.


 City of Topeka Planning Department
 4/29/2024
 Page 2
 Annexation Proposal
 Property located approximately 380’ to the west of the intersection of NW 25th Street and NW Button
 Road on the north side
 Fact Sheet & Department Comments
 Revenue/Expenses Estimates

Property tax revenue to the City of Topeka in 2024 would be approximately $299 before any
development takes place. Future annual property tax revenue to the City of Topeka upon build-out is
estimated to be around $46,663 based upon the square footage and tax rates from the existing steel
manufacturing developments. Current property tax revenue to Soldier Township was $148 in 2023, but
would be projected to be $23,132 upon build out.

There is no existing utility revenue. Future annual COT Stormwater revenue to the City of Topeka upon
development of the property is estimated to be approximately $17,308. Upon build out of the property
and connections to City water revenue is expected to be $14,256 and City sewer revenue is expected to
be $20,242.

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

Streets will incur additional operations or maintenance cost of $12,000. The annexation will bring in the
remaining half of NW 25th Street.

Stormwater will have no additional annualized operations and maintenance costs due to no new public
assets being proposed.

Water will have no additional annualized infrastructure operational and replacement costs due to no new
public assets being proposed.

Sanitary sewer will have no additional annualized infrastructure operational and replacement costs due
to no new public assets being proposed.

 Utility and Service Providers

 Current Proposed
 Water Private well water COT Connection / Private Line
 Wastewater N/A COT Connection / Private Line
 Fire Soldier Township COT
 Police Shawnee County COT
 Streets – Local Shawnee County Public Works COT
 Parks Shawnee County Shawnee County
 Governing Body Shawnee County (#1) COT (#2)

Utilities
The subject property is proposed for a steel manufacturing facility. This use will not require the extension
of water. A sanitary line is available 680’ to the south of the property. A private force main will be built at
the developer’s expense and privately maintained.

Streets
The proposed development will utilize the existing NW 25th Street (collector) for access. Private drives will
be utilized for interior circulation and privately owned by JJH Properties, meaning the only impact to
budget will be related to the maintenance and repair of NW 25th Street.
 City of Topeka Planning Department
 4/29/2024
 Page 3
 Annexation Proposal
  Property located approximately 380’ to the west of the intersection of NW 25th Street and NW Button
 Road on the north side
 Fact Sheet & Department Comments
Metro Bus Service
Fixed-route service is not currently offered to this area. The nearest bus route is 1.5 miles away and
expansion to this location is unlikely.

 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.
 No additional impacts are anticipated


 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?
 None at this time, no trees in the right-of-way.

 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.


 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?
 Based on the proposed annexed area, and stated purpose of proposed construction
 (manufacturing building), no additional resource expenditure outlay from the Police Department
 is projected. Adequate service could be accommodated without addition.

 City of Topeka Planning Department
 4/29/2024
 Page 4
 Annexation Proposal
Property located approximately 380’ to the west of the intersection of NW 25th Street and NW Button
 Road on the north side
 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?
 The Police Department resources currently adjacent to the proposed annexed area are capable
 of providing adequate police service coverage for the proposed development.


  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.
 There are no identified issues that would negatively impact the ability to provide adequate police
 service to the annexation area nor any negative impact to police service levels to the existing
 businesses within the city.



 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):
 $12,000 per year

 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 2023 $’s):
 a. Estimate annualized operations/maintenance cost over the lifecycle of the assets
 No new public assets proposed.
 b. Estimate annualized replacement cost of the asset This is based on 100-year
 replacement cycle.
 No new public assets proposed.
 c. Estimate annualized revenue (over the lifecycle of the assets).
 $17,308

 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
 City of Topeka Planning Department
 4/29/2024
 Page 5
 Annexation Proposal
Property located approximately 380’ to the west of the intersection of NW 25th Street and NW Button
 Road on the north side
 Fact Sheet & Department Comments

 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.
 No other issues known at this time.

 Ability to Provide Adequate Public Services
 WASTEWATER

 1) What is the estimated cost/benefit of providing adequate service to the proposed
 annexation (in 2023 $’s):
 a. Estimate annualized operations/maintenance cost over the lifecycle of the assets
 No new public assets proposed.
 b. Estimate annualized replacement cost of the asset This is based on 100-year
 replacement cycle.
 No new public assets proposed.
 c. Estimate annualized revenue (over the lifecycle of the assets).
 $20,242

 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.
 No other issues known at this time.

 Ability to Provide Adequate Public Services
 WATER

 1) What is the estimated cost/benefit of providing adequate service to the proposed
 annexation (in 2023 $’s):
 a. Estimate annualized operations/maintenance cost over the lifecycle of the assets
 No new public assets proposed.
 b. Estimate annualized replacement cost of the asset This is based on 100-year
 replacement cycle.
 No new public assets proposed.
 c. Estimate annualized revenue (over the lifecycle of the assets).
 $14,256

 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.
 No other issues known at this time.
 City of Topeka Planning Department
 4/29/2024
 Page 6
 Annexation Proposal
Property located approximately 380’ to the west of the intersection of NW 25th Street and NW Button
 Road on the north side
 Fact Sheet & Department Comments



 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 this area.

  2) If not, can you provide service?
 At this time, we are not expanding service. This area is 1.5 miles away from existing service and
 has a very limited potential for productive service.

  3) What is the estimated cost of providing service to this subdivision?
 $300,000 if we had the resources and staffing to support it.




 City of Topeka Planning Department
 4/29/2024
 Page 7
 TOPEKA PLANNING COMMISSION
 Monday, June 17, 2024

 CASE MINUTES

 Members present: Corey Dehn, Jennifer Hannon, Del-Metrius Herron (arrived after roll call), Jim Kaup,
 William Naeger, Katy Nelson, and Donna Rae Pearson (7)

 Members Absent: Willie Brooks and Jim Tobaben (2)

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

A24/02, Annexation of JJH Properties, LLC, requesting annexation of approximately 38.7 acres located
approximately 380 feet to the west of the intersection of NW 25th Street and NW Button Road on the north side.

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

Questions/Comments by Commissioners:

Mr. Naeger asked for clarification on what was to be decided tonight, the annexation or the land use. Mr. Risley
stated that this to decide if the finding is consistent or not consistent with the land use and growth management
plan.

Mr. Kaup asked if there is a rezoning application in the works, and Mr. Risley stated there is not.

Mr. Kaup asked about the township that is mentioned in the staff report, and stated that it could be misinterpreted.
Mr. Risley stated that the intent is for when they go forward to the governing body, they have a number they can tie
to what the city is taking from that township regarding revenue. Mr. Kaup suggested using verbiage that states” the
township would get that but only if the build out occurred as proposed and there was no annexation.”

Ms. Pearson opened the hearing up for public comment. With no one coming forward, the public hearing was
closed.

Discussion by Commissioners:
NA

Motion by Commissioner Kaup, second by Commissioner Dehn to approve the annexation of the property as it is
consistent with the comprehensive plan. Approved 7-0

Public Comment:
NA
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 July 9, 2024


DATE: July 9, 2024
CONTACT PERSON: Josh McAnarney, DOCUMENT #:
 Budget Manager
SECOND PARTY/SUBJECT: City of Topeka Revenue PROJECT #:
 Neutral Rate (RNR) -
 2025 Proposed Budget
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, notifying the County Clerk of: (1) a
proposed intent to exceed the revenue neutral rate for the City of Topeka’s 2025 budget; (2) the
proposed tax rate; and (3) the date, time and location of the public hearing to consider adopting a budget
that exceeds the revenue neutral rate.

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

(Approval would notify the County Clerk that the City is considering adopting a 2025 budget that exceeds the
revenue neutral rate.)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to notify the County Clerk of the Governing Body's intent to consider adopting a budget for 2025 that
exceeds the revenue neutral rate (RNR) provided by the County Clerk.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the resolution.
BACKGROUND:
KSA 79-2988, as amended, requires the County Clerk, by June 20, 2024, to notify the City of the City's 'revenue
neutral rate' (RNR) for purposes of adopting the 2025 budget. If the Governing Body chooses to consider
exceeding this RNR, state law requires compliance with certain procedures, including notifying the County Clerk,
holding a public hearing and passing a resolution should the body decide to adopt a 2025 budget that exceeds the
RNR. The first procedural step is to notify the County Clerk of the Governing Body's intent, identify a proposed
tax rate, and indicate the date, time and location of the public hearing. Passing this Resolution does not mean that
the Governing Body is obligated to adopt a budget that exceeds the RNR.
BUDGETARY IMPACT:
Notification to the County Clerk which has no budget implications.
SOURCE OF FUNDING:
Not Applicable

ATTACHMENTS:
Description
Presentation
City Resolution
 Mill Levy and Revenue
Neutral Rate Information
 Josh McAnarney – Budget Manager
General Information 2


• Property Tax in FY 2023 accounted for 30% of General Fund
 Revenue funding 30% of general services. 1 mill (2025) =
 $1,438,997

• SNCO provides the total assessed property valuations (4.59%
 Increase) and the revenue neutral rate (RNR)

• RNR is the tax rate that would generate the same property
 tax revenue as what was collected the previous year

• Council votes whether to possibly exceed the RNR, sets
 maximum mill levy rate, and the public hearing date
 Property Tax Collection from Mill Levy 3


 Categories General Debt Service Special Liability Totals
 Fund Fund Fund
 Current Mill Rate 25.554 10.717 .681 36.952
 Percentage 69.16% 29.00% 1.84% 100%
 RNR (35.341) $34,453,901 $15,421,729 $979,957 $50,855,587
 Current Mill (36.952) $36,772,125 $15,421,729 $979,957 $53,173,811
 Maximum Mill (40.952)* $42,528,112 $15,421,729 $979,957 $58,929,798
• Value of 1 mill is $1,438,997
• Exceeding the RNR rate in favor of the current mill rate means the city would collect an additional
 $2,318,224 from property taxes
• The maximum mill rate would generate $8.1m above the RNR and $5.8m over the current mill rate
• *The maximum mill rate proposed does NOT mean it will be increased to that rate
 Cost to Property Owners 4


 $150,000 $200,000 $250,000 $300,000
 Various Mill Rates Appraised Appraised Appraised Appraised
 Property Property Property Property

  RNR Rate @ 35.341 $609.63 $812.84 $1,016.05 $1,219.26

  Current COT Mill Rate @ 36.952 $637.42 $849.90 $1,062.37 $1,274.84

  Maximum Mill Rate @ 40.952* $706.42 $941.90 $1,177.37 $1,412.84

  Variance of +/- 1 Mill $17.25 $23.00 $28.75 $34.50


*The maximum mill rate proposed does NOT mean it will be increased to that rate
Petition & RNR Impact 5


• Timing of Public Vote/Budget deadlines would make it impossible to
  increase mill levy rate:
 • This would essentially set property tax revenue for 10 years:
 $50,855,587
 • Leaving the city much more reliant on volatile revenue sources

• Stagnant revenue would require a reduction in general fund
  services that funds police, fire and public works. Those three
  departments account for 80% of general fund expenses.

• Requiring a public vote, to exceed RNR would widen the gap in
  2025 by $2.3M in revenue for 2025
 1 RESOLUTION NO. _______
 2
 3 A RESOLUTION introduced by City Manager Dr. Robert M. Perez notifying the County
 4 Clerk of: (1) a proposed intent to exceed the revenue neutral rate for
 5 the City of Topeka; (2) the proposed tax rate; and (3) the date, time
 6 and location of the public hearing to consider adopting a budget that
 7 exceeds the revenue neutral rate.
 8
 9 WHEREAS, K.S.A. 79-2988 prohibits a taxing subdivision from levying a tax rate in

10 excess of the revenue neutral rate (“RNR”) determined by the County Clerk unless certain

11 procedures are followed; and

12 WHEREAS, K.S.A. 79-2988 requires the County Clerk, by June 15, 2024, to notify

13 the City of the City’s RNR; and

14 WHEREAS, on July 2, 2024, the Governing Body met to discuss the RNR and

15 whether to consider notifying the County Clerk of the City’s propose intent to adopt a 2025

16 budget that exceeds the RNR of 35.341; and

17 WHEREAS, K.S.A. 79-2988 requires the Governing Body to notify the County Clerk

18 on or before July 20, 2024.

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

20 CITY OF TOPEKA, KANSAS that this Resolution shall constitute notice to the County Clerk

21 of the Governing Body’s proposed intent to adopt a resolution exceeding the City’s RNR.

22 BE IT FURTHER RESOLVED THAT:

23 1. The Governing Body adopts a proposed tax rate of 40.952 mills.

24 2. The public hearing to entertain public comment regarding possible adoption of a

25 2025 budget that exceeds the RNR of 35.341 shall take place on September 10, 2024, at 6

26 p.m. in the City Council Chamber, 620 SE Madison Street, Topeka, Kansas.

27 3. The City Clerk is directed to provide a certified copy of this Resolution to the

28 County Clerk on or before July 20, 2024.

 RES/Notification to County Clerk RNR 6/26/2024 1
29 4. This resolution shall take effect and be in force immediately upon its adoption.

30 ADOPTED and APPROVED by the Governing Body on ________________.


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




 RES/Notification to County Clerk RNR 6/26/2024 2
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 July 9, 2024


DATE: July 9, 2024
CONTACT PERSON: Brenda Younger, City DOCUMENT #:
 Clerk
SECOND PARTY/SUBJECT: Initiative and PROJECT #:
 Referendum Relating to
 Property Taxes
CATEGORY/SUBCATEGORY
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

ORDINANCE submitted pursuant to the Initiative and Referendum Statutes.

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

(A decision to forward to the Shawnee County Election Commissioner for election would require six (6)
affirmative votes of the Governing Body.)

VOTING REQUIREMENTS:
Passage of the home rule ordinance requires 5 votes of the Council and is subject to a veto by the Mayor;
however, the statute specifically removes the Mayor's right to veto and uses the term Governing Body when
discussing passage. As such, action on this home rule ordinance requires 6 votes of the Governing Body.
POLICY ISSUE:
Should the Governing Body take action on the ordinance submitted by initiative and referendum
STAFF RECOMMENDATION:
The City Attorney will provide a recommendation to City Council at the July 9, 2024, meeting.
BACKGROUND:
On February 22, 2024 Earl McIntosh submitted the enclosed petition to the Office of the County Counselor
pursuant to KSA 25-3601 which requires the Office to provide a written advisory opinion as the legality of the
form of the question. Only the form of the question is evaluated not whether the petition is a valid use of the
Initiative and Referendum statutes see KSA 12-3013 et seq.. On or around February 27, 2024 the County
Counselor's Office issued the written advisory opinion that the form of the question appeared to meet the statutory
requirements.

Following collection of the necessary signatures (25% of the electors who voted at the last preceding regular city
election) and verification of the signatures by the Election Commission, the Ordinance was submitted to the City
Clerk on 7/8/24.

Once the election commissioner confirms the signatures and it is submitted to the City Clerk, the governing body
has 3 options: (1) pass the ordinance without alteration within 20 days after the city clerk attaches a certificate to
the petition; (2) call a special election - unless a regular city election is scheduled within 90 days – and submit the
proposed ordinance to City electors; or (3) if the ordinance is constitutionally deficit or of a subject matter not
validly allowed under statute, the Governing Body can choose to take no action on the ordinance. See KSA 12-
3013(a)
BUDGETARY IMPACT:
There is no budgetary impact to consider the ordinance.
SOURCE OF FUNDING:
Not Applicable.

ATTACHMENTS:
Description
Cover Memo, Certification and Ordinance Language July 8, 2024
 Brenda Younger, City Clerk M.M.C. byounger@topeka.org
 City Hall, 215 SE 7th St., Room 166 Tel: 785-368-3940
 Topeka, KS 66603 www.topeka.org




DATE: July 8, 2024
TO: Governing Body Members
FROM: Brenda Younger, City Clerk


On July 8, 2024, the City of Topeka City Clerk’s Office received the attached
Certification from the Shawnee County Election Commissioner regarding valid
signatures on the petition for “A New City of Topeka, Kansas Ordinance Relating
to Property Taxes.” Also attached to this memo, are pages 1 and 2 of the petition.
Page 2 states the language being proposed for a new City of Topeka, Kansas,
Ordinance relating to Property Taxes.

The complete petition is over 600 pages and is available for review in the City
Clerk’s Office located at 215 SE 7th Street, Room 012B, Topeka, Kansas.


Thank you.
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 July 9, 2024


DATE: July 9, 2024
CONTACT PERSON: Deputy Mayor Christina DOCUMENT #:
 Valdivia-Alcala
SECOND PARTY/SUBJECT: Trees in Mobile Home PROJECT #:
 Parks Creating TMC
 14.65
CATEGORY/SUBCATEGORY 006 Communication / 005 Other
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

DISCUSSION regarding an ordinance introduced by Deputy Mayor Christina Valdivia-Alcala concerning
trees in mobile home parks.

(The proposed ordinance would require an owner of a mobile home park to remove any dangerous tree or to
prune it so it is no longer a danger to persons or property in the vicinity of the tree.)

VOTING REQUIREMENTS:
Discussion only. Action requires at least five (5) votes of the City Council. The Mayor does not vote. The
proposed ordinance involves a matter of home rule on which the Mayor has veto authority.
POLICY ISSUE:
Should the City require an owner of a mobile home park to remove any dangerous tree or to prune it so it is no
longer a danger to persons or property in the vicinity of the tree.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the ordinance when considered.
BACKGROUND:
The ordinance was requested by Deputy Mayor Valdivia-Alcala at the request of a constituent.
BUDGETARY IMPACT:
Budgetary impact is not known. Abatement costs would be assessed as alien against the property.
SOURCE OF FUNDING:
Not applicable.

ATTACHMENTS:
Description
Ordinance
 (Published in the Topeka Metro News _______________________)


 1 ORDINANCE NO. _____________
 2
 3 AN ORDINANCE introduced by Deputy Mayor Christina Valdivia-Alcala concerning
 4 trees in mobile home parks, creating a new subarticle in Chapter
 5 14.65 of the Topeka Municipal Code.
 6
 7 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TOPEKA, KANSAS:

 8 Section 1. That the Code of the City of Topeka, Kansas, is hereby amended

 9 by adding a section, to be numbered 14.65.410, which said section reads as follows:

10 Definitions.

11 “Code official” means the Chief of Police or designee assigned to enforce the

12 International Property Maintenance Code adopted in TMC 8.60.010.

13 “Dangerous tree” means any tree which the Code official determines is in such a

14 condition and is located in such a place as to constitute a danger to persons or property

15 in the vicinity of the tree.

16 “Owner” means the owner of a mobile home park as defined in TMC 14.65.010.

17 “Tree” means a tall woody perennial plant, typically having a single stem or trunk

18 and bearing lateral branches.

19 Section 2. That the Code of the City of Topeka, Kansas, is hereby amended

20 by adding a section, to be numbered 14.65.420, which said section reads as follows:

21 Tree Nuisance.

22 (a) A tree within a mobile home park which has become dangerous to

23 persons or property in the vicinity of the tree shall be deemed a public nuisance.

24 (b) An owner shall remove any dangerous tree or prune the tree so that there

25 is no longer a danger to persons or property in the vicinity of the tree.

26 Section 3. That the Code of the City of Topeka, Kansas, is hereby amended




 ORD/Mobile Home Park Trees 11/29/2023 1
27 by adding a section, to be numbered 14.65.430, which said section reads as follows:

28 Failure to Remove or Prune; Abatement; Fees.

29 (a) A person who fails to comply with a notice of violation served in

30 accordance with TMC 14.65.440 shall be guilty of a misdemeanor and, if convicted, may

31 be punished in accordance with TMC 1.10.070. Abatement of a violation by the Code

32 official shall not be a defense or excuse to a violation. The pendency of an

33 administrative hearing pursuant to TMC 14.65.460 shall not be a defense to a violation

34 or prevent prosecution and adjudication in municipal court.

35 (b) There shall be an administrative penalty of $100.00 imposed on the owner

36 for each violation of subsection (a) that remains uncorrected after the time period stated

37 in the notice of violation has elapsed.

38 (c) Abatement. Upon the expiration of the compliance period stated in the

39 notice of violation, the Code official shall inspect the property. The Code official may

40 grant an extension of time if the owner demonstrates that due diligence is being

41 exercised in abating the violation. If the owner has failed to comply within the

42 compliance period or has failed to timely request an appeal hearing, the Code official

43 may abate the violation and assess the costs against the owner. If the payment of costs

44 is not made within 30 days from the date of the notice of costs, the City may levy a

45 special assessment against the property. The City Clerk, at the time of certifying other

46 City taxes, shall certify the costs and the County Clerk shall extend the same on the tax

47 roll of the county against the property. Additionally, the City may collect the costs in the

48 manner provided by K.S.A. 12-1,115, as amended, by bringing an action in the district

49 court.




 ORD/Mobile Home Park Trees 11/29/2023 2
50 (d) Fees. The costs incurred by the City for abatement, including an

51 administrative cost in the amount of $140.00, shall be paid by the owner.

52 Section 4. That the Code of the City of Topeka, Kansas, is hereby amended

53 by adding a section, to be numbered 14.65.440, which said section reads as follows:

54 Notice of Violation.

55 The notice of violation shall include the following:

56 (a) Identification of the mobile home park.

57 (b) A statement that identifies the tree(s) in question and location in the park.

58 (c) A statement that the owner must remove the tree or prune the tree by the

59 date designated in the notice.

60 (d) A statement advising that the owner may request an appeal hearing

61 before an administrative hearing officer. The request shall be submitted to the Code

62 official on or before the date designated in the notice. The scope of the appeal shall be

63 limited to (i) whether the provisions of Chapter 14.65 apply; (ii) whether the Code official

64 has correctly interpreted Chapter 14.65; and/or (iii) whether the requirements of TMC

65 14.65.420 can be adequately satisfied by other means.

66 (e) A statement that if the violation(s) is not corrected or a hearing requested,

67 the City may impose administrative penalties, abate the violation and assess the costs

68 against the owner.

69 (f) A statement advising that failure to timely comply with the notice may

70 result in prosecution in municipal court regardless whether an administrative hearing is

71 pending.

72 Section 5. That the Code of the City of Topeka, Kansas, is hereby amended




 ORD/Mobile Home Park Trees 11/29/2023 3
73 by adding a section, to be numbered 14.65.450, which said section reads as follows:

74 Method of Service.

75 (a) Method of Service. Notice shall be served in one of the following manners:

76 (1) Personal service; residence service. Delivering the notice to the

77 owner or leaving the notice at the owner’s dwelling or usual place of abode with

78 someone of suitable age and discretion who resides there.

79 (2) Personal service; residence service unsuccessful. If personal or

80 residence service cannot be made, service may be effected by: (i) leaving a copy

81 of the notice at the owner’s dwelling or usual place of abode; and (ii) mailing to

82 the owner by first-class mail a notice that the copy has been left at the dwelling or

83 usual place of abode.

84 (3) Personal service; legal entity. If the owner is a legal entity, service

85 may be effected as follows:

86 (i) serving the notice on an officer, manager, partner or a

87 resident, managing or general agent;

88 (ii) leaving a copy of the notice at any business office with the

89 person having charge of the office; or

90 (iii) serving the notice on any agent authorized by appointment

91 or by law to receive service of process.

92 (4) Certified mail, return receipt requested, to the last known address

93 of the owner as reflected in the records of the County Appraiser.

94 (5) Delivery failure. If the owner or the owner’s agent has failed to

95 accept delivery of notice or otherwise failed to effectuate receipt of notice during




 ORD/Mobile Home Park Trees 11/29/2023 4
 96 the preceding twenty-four month period, notice may be provided by other

 97 methods, including but not limited to door hangers, conspicuously posting notice

 98 on the property, personal notification, telephone communication, electronic

 99 communication, or first-class mail.

100 (6) In addition to the methods identified in this section, but not in lieu

101 of, the Code official may provide notice by other methods, including, but not

102 limited to, door hangers, conspicuously posting notice on the property, personal

103 notification, telephone or electronic communication, or first-class mail.

104 (b) Proof of Service. Proof of service of the notice shall be certified at the time

105 of service by a written declaration under penalty of perjury executed by the person

106 effecting service, declaring the time, date and manner in which service was made.

107 Section 6. That the Code of the City of Topeka, Kansas, is hereby amended

108 by adding a section, to be numbered 14.65.460, which said section reads as follows:

109 Administrative Appeal Hearing; Appeal to District Court.

110 (a) An owner shall have the right to appeal the notice of violation to an

111 administrative hearing officer provided that a written application is submitted to the

112 Code official on or before the date designated in the notice.

113 (b) An application for an appeal hearing shall be based on a claim that (i) the

114 provisions of Chapter 14.65 do not apply; (ii) the Code official has incorrectly interpreted

115 Chapter 14.65; and/or (iii) the requirements of TMC 14.65.420 can be adequately

116 satisfied by other means. The intent of the appeal process is not to waive or set aside a

117 requirement; it is to provide a means of reviewing a Code Official’s decision on an

118 interpretation or application of Chapter 14.65 or reviewing a Code Official’s decision




 ORD/Mobile Home Park Trees 11/29/2023 5
119 whether the requirements of TMC 14.65.420 can be adequately satisfied by other

120 means.

121 (c) Written notice of the hearing date and time shall be provided to the person

122 requesting the hearing within 10 calendar days of the hearing request.

123 (d) The administrative hearing officer shall affirm, modify or reverse the

124 decision of the Code official upon a determination that: (i) the notice of violation was

125 served in accordance with TMC 14.65.450; (ii) the provisions of Chapter 14.65 apply;

126 (iii) the Code official has correctly interpreted Chapter 14.65 and/or (iv) the requirements

127 of TMC 14.65.420 can or cannot be adequately satisfied by other means. The hearing

128 officer may order abatement of the violation, impose an administrative penalty, and

129 assess the abatement costs against the owner.

130 (e) The administrative hearing officer may administer oaths and affirmations,

131 examine witnesses and receive evidence. The hearing officer may grant continuances

132 where the officer finds that there is practical difficulty or undue hardship and that such

133 extension is consonant with the general purpose to secure compliance with TMC

134 14.65.420.

135 (f) Pursuant to K.S.A. 60-2101 and amendments thereto, any person

136 aggrieved by a determination issued by the administrative hearing officer may appeal to

137 the district court by doing all of the following:

138 (1) Submit a written notice of appeal to the City Clerk within 30 days of

139 the determination. The notice shall include: (i) the person’s name, mailing

140 address, email address and telephone number; (ii) the date of the order; and (iii)

141 case number. The City Clerk shall memorialize the date of receipt of the notice




 ORD/Mobile Home Park Trees 11/29/2023 6
142 by file-stamp or another method and return a copy to the person.

143 (2) Submit a written request to the City Clerk for one copy of all

144 pertinent records relative to the proceeding including but not limited to any

145 recording or transcript of the proceedings. The request shall be submitted to the

146 City Clerk within 10 days of the date of receipt of the notice of appeal.

147 Prepayment of all copying and other fees set forth in TMC 2.10.120 shall be

148 required prior to production of the records.

149 (3) File with the Clerk of the Shawnee County District Court the

150 pertinent records prepared by the City Clerk within 60 days from the date of

151 receipt of the notice of appeal.

152 (4) Failure to file the records with the Clerk of the Shawnee County

153 District Court within the 60 day period may result in the appeal being dismissed

154 by the district court.

155 (5) Unless the person requests from the district court a stay of the

156 hearing officer’s order within 70 days from the date of receipt of the notice of

157 appeal, the City may proceed with enforcement.

158 Section 7. This ordinance shall take effect and be in force from and after its

159 passage, approval and publication in the official City newspaper.

160 Section 8. This ordinance shall supersede all ordinances, resolutions or rules,

161 or portions thereof, which are in conflict with the provisions of this ordinance.

162 Section 9. Should any section, clause or phrase of this ordinance be declared

163 invalid by a court of competent jurisdiction, the same shall not affect the validity of this

164 ordinance as a whole, or any part thereof, other than the part so declared to be invalid.




 ORD/Mobile Home Park Trees 11/29/2023 7
165 PASSED AND APPROVED by the City Council on _______________________.
166
167 CITY OF TOPEKA, KANSAS
168
169
170
171 __________________________________
172 Michael A. Padilla, Mayor
173 ATTEST:
174
175
176
177 ________________________________
178 Brenda Younger, City Clerk




 ORD/Mobile Home Park Trees 11/29/2023 8
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 July 9, 2024


DATE: July 9, 2024
CONTACT PERSON: Amanda Stanley, City DOCUMENT #:
 Attorney
SECOND PARTY/SUBJECT: Kansas Gas Services, a PROJECT #:
 Division
CATEGORY/SUBCATEGORY 014 Ordinances – Non-Codified / 005 Miscellaneous
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

DISCUSSION regarding renewal of franchise for Kansas Gas Service, a Division of ONE Gas, Inc.

(The ordinance sets the franchise fee and provides the terms and conditions for the use of public rights-of-
way.)

VOTING REQUIREMENTS:
Discussion only. Action requires at lease six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to renew the City's franchise ordinance for Kansas Gas
STAFF RECOMMENDATION:
Discussion only. Staff recommends the Governing Body move to approve the ordinance when considered.
BACKGROUND:
This ordinance has been reviewed by the Directors of Planning and Development, Utilities, and Public Works. All
recommend approval with the current terms.
BUDGETARY IMPACT:
Positive Fiscal Impact
SOURCE OF FUNDING:
Not applicable.
ATTACHMENTS:
Description
Ordinance
 (Published in ____________ on ____________, 20____)




 ORDINANCE NO. ________________

 AN ORDINANCE, granting to Kansas Gas Service, a Division of ONE Gas, Inc., and its
successors and assigns, a natural gas franchise, prescribing the terms thereof and relating thereto,
providing definitions of terms, prescribing a franchise fee, providing terms and conditions for the
use of public rights-of-way, requiring advance notice of work and duty to repair, providing for
indemnification and a hold harmless agreement, providing for rules and regulations, prescribing
insurance requirements, reserving certain rights, providing for revocation and termination,
providing for an acceptance of the terms of the franchise, providing for a reopener, providing for
notice of annexations, prescribing relevant governing law, providing for transfer and assignment
of the franchise, providing for points of contact and notifications, providing for an agreement to
renegotiate, and repealing all ordinances or parts of ordinances inconsistent with or in conflict with
the terms hereof.

 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TOPEKA,
KANSAS:

SECTION 1. DEFINITIONS.

 For purposes of this Franchise Ordinance the following words and phrases shall have the
meanings given herein. When not inconsistent within the context, words used in the present tense
include the future tense and words in the single number include the plural number. The word
“shall” is always mandatory, and not merely directory.

 “City” shall mean the City of Topeka, Kansas, and, where appropriate by the context, each
of its departments, divisions and component units, including public trusts or authorities of which
the City is a beneficiary.

 “Company” shall mean Kansas Gas Service, a division of ONE Gas, Inc.

 “Consumer” shall mean any Entity located within the municipal corporate limits of the
City and serviced by the Company through any use of the Public Ways.

 “Distribution” or “Distributed” shall mean all sales, distribution, or transportation of
natural gas to any Sales Consumer or Transportation Consumer for use within the City by the
Company or by others through the Distribution Facilities of Company in a Public Way.

 “Distribution System” or “Distribution Facilities” shall mean a pipeline or system of
pipelines, including without limitation, mains, pipes, boxes, reducing and regulating stations,
laterals, conduits and services extensions, together with all necessary appurtenances thereto, or
any part thereof located within any Public Way, for the purpose of Distribution or supplying natural
gas for light, heat, power and all other purposes.

KGS Franchise Agreement – Includes Transport & Volumetric terms 1
KGS Standard Form – November 1, 2021.
 “Effective Date” shall mean the date the Company files its written acceptance with the
City following the final passage and approval of this Franchise Ordinance by the City, as set forth
in Section 10 of this Franchise Ordinance.

 “Entity” shall mean any individual person, governmental entity, business, corporation,
partnership, firm, limited liability corporation, limited liability partnership, unincorporated
association, joint venture, trust, and any form of business enterprise not specifically listed herein.

 “Facility” or “Facilities” refers to the Company’s Distribution System or Distribution
Facilities.

 “Franchise” shall mean the grant of authority, set forth in Section 2 of this Franchise
Ordinance, by the City to the Company for the Distribution of natural gas to the inhabitants of the
City and to operate a Distribution System or Distribution Facilities.

 “Franchise Fee” shall refer to the charges as prescribed in Section 3 of this Franchise
Ordinance.

 “Franchise Ordinance” shall mean this Ordinance granting a natural gas Franchise to the
Company.

 “Gross Receipts” shall mean any and all compensation and other consideration derived
directly by the Company from any Distribution of natural gas to Consumers within the City. Such
term shall not include revenue from certain miscellaneous charges and accounts, including but not
limited to: connection fees, disconnection and reconnection fees, temporary service charges,
delayed or late payment charges, collection fees, bad debts, customer project contributions, meter
test fees, revenues received by Company from Consumers as Franchise Fee reimbursement, and
returned check charges. Additionally, Gross Receipts shall not include credit extended pursuant
to the Cold Weather Rule (or substitute rule) of the Kansas Corporation Commission for natural
gas sold within the corporate limits of the City, nor Volumetric Rate Fees collected by Company
and remitted to City in accordance with Section 3 of this Franchise Ordinance.

 “MCF” shall mean a measurement of natural gas equal to one thousand cubic feet. It is
assumed for purposes of this Franchise Ordinance that one MCF equals one million British
Thermal Units.

 “Public Improvements” means any public facilities, buildings, or capital improvements,
including, without limitation, streets, alleys, sidewalks, sewer, water, drainage, right-of-way
improvements, and other Public Projects.

 “Public Project” means any project planned or undertaken and financed by the City or
any governmental entity for construction, reconstruction, maintenance, or repair of public facilities
or improvements, or any other purpose of a public nature paid for with public funds.

 “Public Way” or “Public Ways” shall mean the area on, below or above the present and
future public streets, avenues, alleys, bridges, boulevards, roads, highways, parks, parking places,

KGS Franchise Agreement – Includes Transport & Volumetric terms 2
KGS Standard Form – November 1, 2021.
and other public areas, and general utility easements, dedicated to or acquired by the City. The
term does not include easements obtained by private entities providing utilities services or private
easements in platted subdivisions or tracts.

 “Sales Consumer” shall mean, without limitation, any Entity that purchases natural gas
within the corporate City limits from Company for delivery to such Consumer within the City
through the Company’s Distribution System or Distribution Facilities.

 “Settlement Prices” shall mean the settlement prices for natural gas futures contracts
traded on the New York Mercantile Exchange (NYMEX) on the fifteenth day of each month as
published in nationally recognized publications such as the CME Group (CME) or S&P Global
Platts (Platts) on the following business day (or the next day in which a Settlement Price is
published).

 “Transport Gas” shall mean all natural gas transported by Company pursuant to a Kansas
Corporation Commission approved transportation tariff, arrangement, or by other agreement, but
not sold by the Company, through Company’s Distribution Facilities to any Transportation
Consumer.

 “Transportation Consumer” shall mean without limitation, any Entity that transports
Transport Gas pursuant to a Kansas Corporation Commission approved transportation tariff,
arrangement, or by other agreement, within the City’s municipal corporate limits through
Company’s Distribution Facilities for consumption within the City’s corporate limits.

 “Volumetric Rate” is the rate applicable to each Mcf of Transport Gas distributed to
Transportation Consumers. The Volumetric Rate shall be based on a twelve month average of
Settlement Prices as calculated from July through June. Initially, the Settlement Price shall mean
$0.2345 per MCF for Transport Gas distributed to Transportation Consumers within the City as
represented in “Attachment A,” which is incorporated herein and attached hereto. There shall be
an annual recalculation of the Volumetric Rate which shall be effective each January 1. The
recalculation shall be based on Settlement Prices for the previous twelve-month period. The
average Settlement Prices for each of the twelve months shall be summed and divided by twelve
and multiplied by five percent (5 %) to obtain the Volumetric Rate to be effective January 1 of the
next succeeding year. The Company shall calculate the Volumetric Rates in accordance with the
procedures set out herein and then filed with the City Clerk by July 31 of each year for those rates
to be effective on January 1 of the following year.

SECTION 2. GRANT OF NON-EXCLUSIVE FRANCHISE.

 A. In consideration of the benefits to be derived by the City and its inhabitants, there
is hereby granted to the Company (said Company operating a Distribution System in the State of
Kansas), a non-exclusive Franchise for a period of twenty (20) years from the Effective Date, to
construct, maintain, extend and operate its Distribution Facilities along, across, upon or under any
Public Way; for the purpose of selling and distributing natural gas for all purposes to the City, and
its inhabitants, and through said City and beyond the limits thereof; to obtain said natural gas,


KGS Franchise Agreement – Includes Transport & Volumetric terms 3
KGS Standard Form – November 1, 2021.
and/or comparable blends of combustible gasses, from any source available; and to do all things
necessary or proper to carry on said business.

 B. The grant of this Franchise by the City shall not convey title, equitable or legal, in
a Public Way and shall give only the right to occupy the Public Way for the purposes and for the
period stated in this Franchise Ordinance. This Franchise Ordinance does not:

 (1) Grant the right to use facilities or any other property, natural gas-related or
 otherwise, owned or controlled by the City or a third party without the consent of
 such party;

 (2) Grant the authority to construct, maintain or operate any Facility or related
 appurtenance on property owned by the City outside of a Public Way;

 (3) Excuse the Company from obtaining appropriate access or attachment agreements
 before locating its Facilities on property owned or controlled by the City (other than
 a Public Way) or a third party; or

 (4) Unless explicitly setforth herein, excuse the Company from obtaining and being
 responsible for any necessary permit, license, certification, grant, registration, or
 any other authorization required by any appropriate governmental entity, including,
 but not limited to, the City or the Kansas Corporation Commission.

SECTION 3. FRANCHISE FEE.

 A. As further consideration for the granting of this Franchise, and in lieu of city
occupation, license or permit fees, or revenue taxes, except as expressly provided herein, the
Company shall pay to the City during the term of this Franchise, a Franchise Fee of: (i) five percent
(5%) of the actual Gross Cash Receipts collected by the Company from the Distribution of natural
gas to all Sales Consumers within the corporate limits of the City; and (ii) a sum equal to the
Volumetric Rate multiplied by the number of MCF of Transport Gas for the distribution of
Transport Gas for Transportation Consumers, all such payments to be made monthly for the
preceding monthly period.

 B. The Company’s obligation for payments of the Franchise Fee shall commence with
the first cycle of the monthly billing cycle following the Effective Date of this Franchise
Ordinance. Prior to that date, payments shall continue to be calculated and be paid in the manner
previously provided in Ordinance No. 18295, and amendments thereto.

 C. In the event a Consumer of Company does not pay a monthly bill from Company
in full, Company shall prorate its payments of remissions to the City for sums due on that particular
bill so that the amount actually paid by the Consumer to Company on the bill is distributed to
Company andto the City for sums due on the bill in proportion to the percentage of the total bill
actually paid by the Consumer. In the event Company actually collects any outstanding amounts
due on a past due, unpaid, or partially paid monthly customer bill, the Company shall pay City its
proportionate share of sums due to the City on such bill.

KGS Franchise Agreement – Includes Transport & Volumetric terms 4
KGS Standard Form – November 1, 2021.
 D. Upon written request by the City (but no more than once per quarter), the Company
shall submit to the City a certified statement showing the manner in which the Franchise Fee was
calculated. The City shall have the right to examine within the corporate limits of the City and
during regular business hours, upon reasonable advance written notice to the Company, all books,
papers and records kept by the Company in the ordinary course of business and pertaining to its
business carried on by it in or through the City, necessary to verify the correctness of the Franchise
Fee paid by Company.

 E. No acceptance by the City of any Franchise Fee shall be construed as an accord that
the amount paid is in fact the correct amount, nor shall acceptance of any Franchise Fee payment
be construed as a release of any claim of the City. Any dispute concerning the amount due under
this Section shall be resolved in the manner set forth in K.S.A. 12-2001, and amendments thereto.

 F. The Franchise Fee required herein shall be in lieu of all taxes, charges, assessments,
licenses, fees and impositions otherwise applicable that are or may be imposed by the City under
K.S.A. 12-2001, K.S.A. 17-1902, and amendments thereto. From and after the date hereof, the
permit fees required of the Company by any ordinance (presently in effect or hereafter adopted)
for a permit to excavate in, or adjacent to, any Public Way shall be deemed a part of the
compensation paid pursuant to this Franchise Ordinance and shall not be separately assessed or
collected by the City; in no event, however, shall this provision be interpreted to waive the
requirement of notice to the City and the procedural requirements of such ordinance. The
Franchise Fee is compensation for use of the Public Way.

SECTION 4. USE OF PUBLIC RIGHT-OF-WAY.

 A. Except as provided herein or as regulated by state or federal law, the use of any
Public Way under this Franchise by the Company shall be subject to all laws, statutes, regulations
and/or city policies (including, but not limited to those relating to the construction and use of the
Public Way or other public property) now or hereafter adopted or promulgated. Unless specifically
provided herein, the Company shall be subject to all rules, regulations and policies now or hereafter
adopted or promulgated by the City relating to permits, sidewalk and pavement cuts, utility
location, construction coordination, and other requirements on the use of a Public Way; provided
however, that nothing contained herein shall constitute a waiver of or be construed as waiving the
right of the Company to oppose, challenge, or seek judicial review of, in such manner as is now or
may hereafter be provided by law, any such rules, regulation, or policy proposed, adopted, or
promulgated by the City and, further provided other than the items enumerated in this Section 4
herein, that such rules, regulations or policies shall not require the payment of additional fees or
additional costs for the use of a Public Way.

 B. All mains, services, and pipe which shall be laid or installed under this Franchise
shall be so located and laid as not to obstruct or interfere with any water pipes, drains, sewers, or
other structures already installed. The Company shall provide, prior to commencing work,
information to the City concerning work to be performed in the streets, avenues, bridges, parking
areas, and public places of the City, as the City may from time to time require for purposes of
record keeping. The City may require that the information be provided on its standard permit
form, but without requiring approval, consent, or fees. In the event of an emergency, the Company
shall have the right to commence work without having first provided such information or form(s).
KGS Franchise Agreement – Includes Transport & Volumetric terms 5
KGS Standard Form – November 1, 2021.
 C. The Company’s use of any Public Way shall always be subject and subordinate to
the City’s use of the Public Way for any public purpose. The City may exercise its home rule
powers in its administration and regulation related to the management of the Public Way; provided
that any such exercise must be competitively neutral and may not be unreasonable or
discriminatory, nor in conflict with state or federal law.

 D. The City reserves the right to lay or permit to be laid cables, electric conduits, water,
sewer, gas or other pipelines, and to do or permit to be done any underground work deemed
necessary and proper by the City, along, across, over, or under any Public Way. In permitting such
work to be done, the City shall not be liable to the Company for any damage to the Company’s
Facilities unless the City or its agents or contractors are negligent in causing said damage.

 E. Whenever by reason of establishing a grade or changing in the grade of any street,
or the location or manner of construction of any Public Way, the City deems it necessary to alter,
change, adapt, or conform any portion of the Company’s Facilities located in the Public Way, the
City shall provide reasonable notice and such alterations or changes shall be made within a
reasonable time by the Company, as requested in writing by the City, without claim for
reimbursement or compensation for damages against the City; provided, however, that this
provision is not intended to require the Company to alter, change, adapt, or conform any portion
of its Facilities without reimbursement or compensation where the right to locate the same, whether
by private right-of-way grant, utility easement, or otherwise, was acquired prior to the designation
of the location as a Public Way.

 F. If the City shall require the Company to adapt or conform its Facilities or in any
way to alter, relocate, or change its property to enable any other person, firm, corporation, or Entity
(whether public or private), other than the City, to use the Public Way, the Company shall be
reimbursed by the person, firm, corporation, or Entity desiring or occasioning such change for any
and all loss, cost, or expense occasioned thereby. “Person,” “Firm,” “Corporation,” and “Entity”
as used in this paragraph shall not include regular departments of the City, or any trust or authority
formed by or for the benefit of the City for public utility purposes, but shall include any other
agency or authority of the City, whether acting in a governmental or non-governmental capacity,
including, but not limited to, any urban renewal authority, or any other agency or authority, which
as a part of its program clears whole tracts of land within the municipal corporate limits and
relocates citizens for the purpose of urban development or similar aims.

 G. The Company and the City shall participate in the Kansas One-Call utility location
program. The Company shall cooperate promptly and fully with the City and take all reasonable
measures necessary to provide accurate and complete information regarding the location of its
Facilities located within a Public Way when requested by the City. Such location and identification
shall be promptly communicated in writing to the City without cost to the City, its employees,
agents or authorized contractors. The Company shall designate and maintain an agent familiar with
the Facilities, who is responsible for providing timely information needed by the City for the design
and replacement of Facilities in a Public Way during, and for the design of Public Improvements.

 H. The Company shall be subject to the following fees and costs in connection with
its use and occupancy of any Public Way: (i) in the event that the repairs or replacements set forth
under Section 5 below, have not been timely completed by Company, the City may charge an
KGS Franchise Agreement – Includes Transport & Volumetric terms 6
KGS Standard Form – November 1, 2021.
excavation fee for each street or pavement cut to recover the costs associated with construction
and repair activity; (ii) inspection fees to recover all reasonable costs associated with City
inspection of the work of the Company in the Public Way when the Facilities are of such a scope
and magnitude so as to require the City to incur such inspection costs by an outside party; and (iii)
the repair and restoration costs associated with repairing and restoring the Public Way because of
damage caused by the Company, its assigns, contractors, and/or subcontractors in the Public Way.

SECTION 5. NOTICE OF WORK AND DUTY TO REPAIR.

 A. Prior to commencing any activities related to the construction, maintenance, or
extension of its Facilities along, across, upon or under the Public Way, the Company shall submit
to the City written plans detailing all such activities in the manner required by the City by
Ordinance. In the event of an emergency, Company shall have the right to commence work without
providing such plans, provided such plans are submitted within five business days of
commencement of the work. The Company’s Facilities shall be so constructed and maintained as
not to obstruct or hinder the usual travel or public safety on such Public Ways or unreasonably
obstruct the legal use by other utilities.

 B. Prior to beginning work, the Company will inspect existing pavement within and/or
adjacent to the work area and will report any existing damage or concerns. All earth, materials,
sidewalks, paving, crossings, utilities, Public Improvements, or improvements of any kind located
within the Public Way that are damaged, displaced, or removed by the Company shall be fully
repaired or replaced to their prior condition or to existing municipal standards as are then in
existence, and in a manner satisfactory to the duly authorized representative of the City, after
completing such activity as is permitted under this Franchise Ordinance and without cost to the
City. Notwithstanding, nothing in this Franchise shall require the Company to repair or replace
any materials, trees, flowers, shrubs, landscaping or structures that interfere with the Company’s
access to any of its Facilities located in general utility easements, dedicated to or acquired by the
City.

SECTION 6. INDEMNITY AND HOLD HARMLESS.

 The Company, its successors and assigns, in the construction, maintenance, and operation
of its Facilities, shall use all reasonable and proper precaution to avoid damage or injury to persons
and property, and shall indemnify, defend, hold, and save the City harmless from any and all
claims, damage, judgements, and reasonable expense, including attorney fees, caused by the
negligence of the Company, its successors and assigns, or their agents or servants. The Company
or the City shall promptly advise the other in writing of any known claim or demand against the
Company or the City related to or arising out o the Company’s activities in any Public Way.

SECTION 7. RULES AND REGULATIONS.

 The Company shall have the right to make and enforce such reasonable rules and
regulations as it may deem necessary for the extension of its Facilities, the sale of its gas, and the
prudent conduct of its business, provided that such rules and regulations shall neither be in conflict
with the laws of the State of Kansas, with the orders, rules, or regulations of the Kansas

KGS Franchise Agreement – Includes Transport & Volumetric terms 7
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Corporation Commission or other regulatory authority having jurisdiction, nor with the ordinances
and regulations of the City insofar as they are consistent with the jurisdiction of the Kansas
Corporation Commission or such other regulatory authority.

SECTION 8. REVOCATION AND TERMINATION.

 In case of failure on the part of the Company to comply with any of the provisions of this
Franchise Ordinance, or if the Company should do or cause to be done any act or thing prohibited
by or in violation of the terms of this Franchise Ordinance, the Company may be subject to
forfeiture of all rights, privileges, and Franchise granted herein, and all such rights, privileges, and
franchise hereunder be deemed ceased, terminated, null, and void, and this Franchise Ordinance
shall be deemed revoked or terminated, provided that said revocation or termination shall not take
effect until the City has completed the following procedures: Before the City proceeds to revoke
and terminate this Ordinance, it shall first serve a written notice upon Company, setting forth in
detail the neglect or failure complained of, and the Company shall have sixty (60) days thereafter
in which to comply with the conditions and requirements of this Franchise Ordinance. If at the end
of such sixty (60) day period the City determines that the neglect or failure complained of has not
been cured, the City shall take action to revoke and terminate this Franchise Ordinance by an
affirmative vote of the governing body present at a public meeting and voting, setting out the
grounds upon which this Franchise Ordinance is to be revoked and terminated; provided, to afford
the Company due process, the Company shall first be provided reasonable notice of the date, time,
and location of the governing body’s consideration and shall have the right to address the
governing body regarding such matter; and further provided, if the nature of the default is such
that it cannot be reasonably cured within the above said sixty (60) day period, and the governing
body believes the Company has in good faith timely commenced its cure and is diligently pursuing
the completion of the same, the Company may, in the City’s sole discretion, be given a reasonable
additional period of time to complete its cure. Nothing herein shall prevent either party from
invoking any other remedy that may otherwise exist at law. Upon any determination by the
governing body to revoke and terminate this Franchise Ordinance, the Company shall have thirty
(30) days to appeal such decision to the District Court where the City is located or in the District
Court of Johnson County, Kansas. This Franchise Ordinance shall be deemed revoked and
terminated at the end of this thirty (30) day period, unless the Company has instituted such an
appeal. If the Company does timely institute such an appeal, such revocation and termination shall
remain pending and subject to the court’s final judgment. Provided, however, that the failure of
the Company to comply with any of the provisions of this Franchise Ordinance or the doing or
causing to be done by the Company of anything prohibited by or in violation of the terms of this
Franchise Ordinance shall not be a ground for the revocation or termination thereof when such act
or omission on the part of the Company is due to any cause or delay beyond the control of the
Company or to bona fide legal proceedings.

SECTION 9. RESERVATION OF RIGHTS.

 A. In granting its consent hereunder, the City does not in any manner waive its
regulatory or other rights and powers under and by virtue of the laws of the State of Kansas as the
same may be amended, applicable Federal laws or regulations as the same may be amended, its


KGS Franchise Agreement – Includes Transport & Volumetric terms 8
KGS Standard Form – November 1, 2021.
home rule powers under the Constitution of the State of Kansas, nor any of its rights and powers
under or by virtue of present or future ordinances of the City.

 B. In adopting and passing this Ordinance, neither the City’s nor the Company’s
present or future legal rights, positions, claims, assertions or arguments before any administrative
agency or court of law are in any way prejudiced or waived. By the City’s adopting and passing
this Franchise Ordinance and the Company’s acceptance hereof as provided in Section 10, neither
the City nor the Company waive any rights, but instead expressly reserve any and all rights,
remedies, and arguments the City or the Company may have at law or equity, without limitation,
to argue, assert, and/or take any position as to the legality or appropriateness of any present or
future laws, non-franchise ordinances and/or rulings.

SECTION 10. ACCEPTANCE OF TERMS.

 A. This Franchise Ordinance shall take effect and be in force from and after its
passage, approval by the City, acceptance by the Company, and publication in the official City
newspaper. The Company shall have sixty (60) days after the final passage and approval of this
Franchise Ordinance to file with the City Clerk its written acceptance of the provisions, terms, and
conditions of this Franchise Ordinance and when so accepted, this Franchise Ordinance and
acceptance shall constitute a contract between the City and the Company and such contract shall
be deemed effective on the date Company files its acceptance with the City.

 B. This Franchise Ordinance, when accepted as provided above, (i) shall constitute the
entire agreement between the City and the Company relating to this Franchise, and the same shall
supersede and cancel any prior understandings, agreements, or representations regarding the
subject matter hereof, or involved in negotiations pertaining thereto, whether oral or written, (ii)
shall be binding upon the parties, including their successors and assigns, and (iii) shall not be
amended or further obligations imposed without mutual consent of the parties hereto.

SECTION 11. REOPENER PROVISION.

 A. Upon written request of either the City or the Company, this Franchise may be
reviewed once after five (5) years from the effective date of this Franchise Ordinance, and once
every (5) five years thereafter, to review the Franchise Fee set forth in Section 3 above. Said
request must be served upon the other party at least 120 days prior to the end of each period set
forth above, and shall state specifically the amendment(s) to the Franchise Fee desired. The City
and the Company shall negotiate in good faith in an effort to agree upon a mutually satisfactory
amendment of the Franchise.

 B. Upon written request of the Company, the Franchise shall be reopened and
renegotiated at any time upon a change in federal, state, or local law, regulation, or order which
materially affects any rights or obligations of the Company, including, but not limited to, the scope
of the grant to the Company or the compensation to be paid to the City.

 C. The Franchise Fee percentage rate set forth in Section 3 shall in no event exceed
the percentage rate hereafter approved to calculate any fee paid to the City by any Entity for use

KGS Franchise Agreement – Includes Transport & Volumetric terms 9
KGS Standard Form – November 1, 2021.
of the Public Ways, if such fee is based in any way on the amount of revenues or gross receipts
from the sale, transportation and/or distribution of natural gas or electric energy (excluding any
municipally-owned electric utility) by such other Entity to customers within the City. If at any
time after the Effective Date of this Franchise Ordinance, the fee or rate required to be paid by
another Entity selling, transporting, and/or distributing natural gas or electric energy (excluding
any municipally-owned electric utility) is less than the Franchise Fee percentage rate set forth in
Section 3, then this Franchise shall become automatically subject to reopen upon notice by the
Company for purposes of negotiation of a new lower Franchise Fee percentage rate.

SECTION 12. NOTICE OF ANNEXATION.

 The City shall promptly notify the Company in writing (to include a map) of areas newly
annexed into or deannexed from the corporate limits of the City, and the Company shall update its
records for the purpose of payment of Franchise Fees as soon as reasonably practicable after
receiving such notice. Notwithstanding anything to the contrary in this Franchise Ordinance, the
Franchise Fees provided for in Section 3 shall not become effective within any area annexed by
the City until the beginning of the monthly billing cycle which begins no more than sixty (60) days
after the date that the City provides the Company with a certified copy of the annexation ordinance,
proof of publication as required by law and a map of the City detailing the annexed area.

SECTION 13. RELEVANT LAW.

 This Franchise Ordinance is granted pursuant to the provisions of K.S.A. 12-2001 and
amendments thereto. Any and all ordinances or parts of ordinances in conflict with the terms
hereof are hereby repealed or considered as having no effect as of the first cycle of the monthly
billing cycle as referenced in Section 3 of this Franchise Ordinance.

SECTION 14. TRANSFER AND ASSIGNMENT.

 Company shall not have the right to assign, sell, lease, or otherwise transfer in any manner
whatsoever to any third party not affiliated with Company the rights and privileges granted under
this Franchise Ordinance except as hereinafter provided. Any assignment, sale, lease, or other
transfer by the Company of the Franchise granted herein to any third party not affiliated with
Company shall be ineffective and void unless:

 (1) The proposed assignment, sale, lease, or transfer shall be in writing:

 (2) The prospective assignee, buyer, lessee, or other transferee shall agree in writing to
 accept and become responsible for full performance of all conditions, covenants,
 obligations, and liabilities contained in this Franchise Ordinance; and




KGS Franchise Agreement – Includes Transport & Volumetric terms 10
KGS Standard Form – November 1, 2021.
 (3) Such writing shall be submitted to the City Clerk of the City.

SECTION 15. POINT OF CONTACT AND NOTICES.

 The Company shall at all times maintain with the City a local point of contact who shall be
available at all times to act on behalf of Company in the event of an emergency. Company shall
provide the City with said local contact’s name, address, telephone number, fax number, and e-
mail address. Emergency notice by either party to the other may be made by telephone to the
City’s designee as listed below. All other notices between the parties shall be in writing and shall
be made by personal delivery, depositing such notice in the U.S. Mail, Certified Mail (return
receipt requested), or via the email addresses provided below. Any notice served by U.S. Mail or
Certified Mail (return receipt requested) shall be deemed delivered upon actual receipt unless
otherwise provided. Other than emergencies, notices to the parties shall be to the following:

 The City: Company:

 The City of Topeka Kansas Gas Service, a Div. of ONE Gas, Inc.
 Brenda Younger, City Clerk Attn: Legal Department
 215 SE 7th Street, Room 166 7421 W. 129th Street
 Topeka, Kansas 66603 Overland Park, KS 66213-2713
 Phone: 785-368-3940 Phone: (913) 319-8619
 Fax: 785-368-3943 Fax: N/A
 Email: cclerk@topeka.org Email: kgsfranchises@onegas.com

 Emergency Contact Information:
 Emergency Designee: Consolidated Emergency Natural Gas Emergency No: 888-492-4950
 Communications Center (CECC)
 Emergency Contact No.: 911
 Emergency Email: N/A Contact Email:
 Secondary Contact Email: KGSDispatchOverlandPark@onegas.com
 bcopley@topeka.org

(or to replacement addresses that may be later designated in writing).




KGS Franchise Agreement – Includes Transport & Volumetric terms 11
KGS Standard Form – November 1, 2021.
SECTION 16. AGREEMENT TO RENEGOTIATE.

 Should the Kansas Corporation Commission take any action with respect to this Franchise
Ordinance and any amendment thereto which precludes Company from recovering from its
customers any costs or fees provided for hereunder, the parties hereto shall renegotiate this
Franchise Ordinance in accordance with or to conform to the Commission’s ruling.

 PASSED, ADOPTED AND APPROVED this _____ day of _______________, 20___.


 CITY OF TOPEKA, KANSAS


 ____________________________________
 Michael A. Padilla, Mayor


ATTEST:


Brenda Younger, City Clerk




KGS Franchise Agreement – Includes Transport & Volumetric terms 12
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KGS Franchise Agreement – Includes Transport & Volumetric terms 13
KGS Standard Form – November 1, 2021.
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 July 9, 2024


DATE: July 9, 2024
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 atcclerk@topeka.orgor 215 SE 7thStreet, 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 – July 9, 2024

 CYRUS K. HOLLIDAY BUILDING, Topeka, Kansas, Tuesday, July 9, 2024. The

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

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

 Miller, Dobler, Duncan, and Hoferer -8. Mayor Padilla presided -1. Absent: Councilmember

 Kell -1.

 Public comment for the meeting was available via Zoom or in-person. Individuals were

 required to contact the City Clerk's Office at 785-368-3940 or via email at cclerk@topeka.org by

 no later than 5:00 p.m. on July 9, 2024, 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 012B, Topeka, Kansas, 66603 or via email at

 cclerk@topeka.org on or before July 9, 2024, for attachment to the meeting minutes.

 AFTER THE MEETING was called to order, Father Dan Coronado, Our Lady of

 Guadalupe Church, provided the invocation.

 THE PLEDGE OF ALLEGIANCE was recited by meeting participants.

 A PRESENTATION on the $25,000,000 U.S. Department of Transportation Raise Grant

received by the City of Topeka was presented by Alleigh Weems, Public Works Management

Analyst.

 Councilmembers Valdivia-Alcala, Hiller and Ortiz as well as Mayor Padilla thanked Ms.

Weems for her work in securing the grant and expressed their excitement for the impact it will

have on the city.

 Councilmember Duncan asked if any of the projects slated for grant funding are included in

 07-09-24
 145
the Capital Improvement Plan (CIP).

 Braxton Copley, Public Works Director, reported there was one CIP project along Golden

Avenue that would utilize grant funding allowing them to reprogram the CIP funding. He noted

Staff was intentional in selecting project locations so the City would receive 100% of the grant

funding being made available.

 CONSENT AGENDA was presented as follows:

 RESOLUTION NO. 9555 introduced by City Manager Dr. Robert M. Perez, naming banks

and savings institutions that are designated as depositories for all City of Topeka accounts and

authorizing signatories and rescinding City of Topeka Resolution No. 9524, was presented.

 RESOLUTION NO. 9556 introduced by City Manager Dr. Robert M. Perez, authorizing

the City of Topeka's participation in the Kansas Municipal Investment Pool and authorizing

signatories and rescinding City of Topeka Resolution No. 9490, was presented.

 MINUTES of the regular meeting of July 2, 2024, was presented.

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

Councilmember Miller carried unanimously on roll call vote. (9-0-0)

 RESOLUTION NO. 9557 introduced by City Manager Dr. Robert M. Perez, in accordance

with Section 18.60.010 of the Topeka Municipal Code (TMC), approving a Conditional Use

Permit to allow for the expansion of a “Cultural Facility” on property located at 4400 SW 10th

Avenue (Kansas Children’s Discovery Center) and zoned “R-1” Single Family Dwelling District,

all being within the City of Topeka, Shawnee County, Kansas, was presented. (CU09/4A) (Council

District No. 9)

 Dan Warner, Planning Division Director, reported the request by the Kansas Children's

Discovery Center to amend the existing Conditional Use Permit (CUP) was approved in 2009, and

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 146
the amended CUP will allow for a 16,120 square foot addition to the existing facility for new

exhibit halls and classrooms. He stated the applicant conducted a Neighborhood Information

Meeting on May 22, 2024, and no concerns with the proposal were expressed. He noted the

Planning Commission and Staff are recommending approval.

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

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

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

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

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

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

comments made during the Planning Commission hearing and similar relevant information related

to the matter.

 No ex parte communication was declared by Governing Body members.

 Councilmember Miller stated he would abstain from voting due to his wife being an

employee of the Kansas Children’s Discovery Center.

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

Councilmember Hiller carried. Councilmember Miller abstained. (8-0-1)

 ORDINANCE NO. 20498 introduced by City Manager Dr. Robert M. Perez, annexing land

to the City of Topeka, Kansas, in accordance with K.S.A. 12-520(7), located approximately 380

feet to the west of the intersection of NW 25th Street and NW Button Road on the north side

within unincorporated Shawnee County, Kansas, and adjacent to the City of Topeka corporate

limits, and said land being annexed for all City purposes, was presented. (A24/02) (Council

District No. 2)

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 Dan Warner, Planning Division Director, reported the applicant has requested annexation of

38.7 acres located on the north side of NW 25th Street approximately 380 feet to the west of NW

Button Road. He stated the proposed use of a steel manufacturing site was consistent with the

Employment Tier designation in the Land Use and Growth Management Plan and the subject

property was contiguous to the city and services will be extended for private use by the developer.

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

Councilmember Dobler carried unanimously.

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

Valdivia-Alcala, Ortiz, Banks, Miller, Dobler, Duncan, Hoferer and Mayor Padilla -9.

 RESOLUTION NO. 9558 introduced by City Manager Dr. Robert M. Perez, notifying

the County Clerk of: (1) a proposed intent to exceed the revenue neutral rate for the City of

Topeka’s 2025 budget; (2) the proposed tax rate; and (3) the date, time and location of the public

hearing to consider adopting a budget that exceeds the revenue neutral rate, was presented.

 Josh McAnarney, Budget Manager, provided an overview of the Mill Levy and the

Revenue Neutral Rate to include the Property Tax Collection from the Mill Levy (Attachment A),

Cost to Property Owners (Attachment B) and how the Petition for the Property Tax Ordinance

(Agenda Item 4D) would impact the City’s RNR (Attachment C). He stated approval of the

resolution would not increase the mill levy but instead, provide notice to the Shawnee County

Clerk that the Governing Body was considering adopting a budget for 2025 that exceeds the RNR.

 Dr. Robert M. Perez, City Manager, reported the City would be facing a $15 million deficit

for the 2025 Operating Budget.

 Councilmember Duncan clarified approval of the resolution sets the September 10, 2024,

public hearing date for the Governing Body to consider exceeding the RNR. He stated he would

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vote in favor of the resolution, however, he looks forward to the budget ideas of City Manager

Perez. He stated he would not support increasing the mill levy to 40 mills.

 Councilmember Dobler moved to lower the mill levy from 40.952 to 38.952 mills on line

23 of the resolution. The motion was seconded by Councilmember Valdivia-Alcala.

 City Manager Perez stated the proposed reduction in the mill levy equates to $2.8 million.

 Councilmember Dobler asked if the City could legally designate an increase in the mill

levy to be used exclusively to fund public safety.

 Amanda Stanley, City Attorney, stated she believes it may be possible; however, she would

research to confirm and report back to the Governing Body.

 Councilmember Hiller asked if a series of budget discussions and department presentations

would be provided to the Governing Body.

 Budget Manager McAnarney reported the City would be hosting a series of public

engagement sessions starting on July 10, 2024, as well as budget discussions would take place at

Governing Body meetings beginning July 30, 2024 and continuing through August and September.

 The motion to amend line 23 of the resolution to lower the mill levy from 40.952 to 38.952

mills carried unanimously on roll call vote. (9-0-0)

 Councilmember Hiller announced the following budget public input sessions:

  July 10: 7:30 to 8:30 p.m., Crestview Community Center, 4801 SW Shunga Dr.
  July 15: 6:30 to 7:30 p.m., Oakland Community Center, 801 NE Poplar St.
  July 17: 6:00 to 7:00 p.m., Hillcrest Community Center, 1800 SE 21st St.
  July 22: 6:00 to 7:00 p.m., Topeka & Shawnee Co. Public Library, Marvin
 Auditorium, 1515 SW 10th Ave.

 Councilmember Miller moved to approve the resolution as amended. The motion seconded

by Councilmember Valdivia-Alcala carried unanimously on roll call vote. (9-0-0)



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 AN ORDINANCE submitted pursuant to the Initiative and Referendum Statutes, was

presented.

 Amanda Stanley, City Attorney, stated this was a process by which citizens can ask for an

ordinary home rule ordinance to pass by either an election or by submission of a petition. She

reported there are several steps outlined in the Statute that must be followed and on February 22,

2024, Earl McIntosh submitted the enclosed petition included in the agenda packet to the Office of

the Shawnee County Counselor pursuant to K.S.A. 25-3601 which requires that Office to provide a

written advisory opinion as the legality of the form of the question. She stated only the form of the

question was evaluated, not whether the petition was a valid use of the Initiative and Referendum

statutes as outlined in K.S.A. 12-3013 et seq. On or around February 27, 2024, the Shawnee

County Counselor's Office issued the written advisory opinion that the form of the question

appeared to meet the statutory requirements. Following collection of the necessary signatures (25%

of the electors who voted at the last preceding regular city election) and verification of the

signatures by the Shawnee County Election Commissioner, the petition packet was submitted to

the City Clerk on July 8, 2024. She stated the reason the ordinance appeared on the July 9, 2024,

Governing Body Meeting agenda was because according to the Statute, the City has 20 days from

the time the petition was submitted to the City Clerk to act on the item, and the next scheduled

Governing Body meeting was on July 30, 2024. She stated the Governing Body has the following

options

 1. Pass the ordinance without altercation (in its original form) within 20 days after it has been
 submitted to the City Clerk;
 2. Call a Special Election unless a Regular City Election is scheduled within 90 days and
 submit the proposed ordinance to the city electors; or
 3. Let the ordinance die for lack of a motion upon the advice of the City Attorney that the
 ordinance exceeds a city’s authority under constitutional home rule and cannot be validly
 passed by the city and, even if it was not an unconstitutional ordinance, it would be an
 administrative ordinance and not eligible to be submitted in this manner.
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The proposed ordinance language was as follows:

 A PETITION FOR A NEW CITY OF TOPEKA, KS ORDINANCE RELATING TO
 PROPERTY TAXES Pursuant to KS.A. 12-3013:

 We the undersigned qualified and registered voters in the City of Topeka, KS are in favor
 of the following ordinance.

 Shall the following be adopted?

 Be it ordained by the governing body of the City of Topeka

 Property Tax Ordinance

 Section 1: Revenue Neutral Rate limitation
 a. The City of Topeka hereby establishes that the annual-increase in revenue from property
 taxes on private, commercial and agriculture properties shall not exceed the revenue neutral
 rate without obtaining public consent through a vote.
 b. The revenue neutral rate is defined as the rate that generates revenue equal to the
 previous year’s revenue.

 Section 2: Public Vote Requirement
 a. Any proposed increase in property taxes above the revenue neutral rate shall require
 approval through a public vote held during a scheduled election.
 b. The City Council shall present the proposed increase amount in terms of aggregate and
 percentage to the public with transparent information detailing the reasons and impact of
 the proposed tax hike.

 Section 3: Public Vote Out-come.
 a. In the event the public vote does not authorize an increase beyond the revenue neutral
 rate, the City of Topeka is obligated to reduce the mill levy to maintain revenues at the
 revenue neutral level.

 Section 4: Compliance and Implementation.
 a. The City Council, the Office of Finance, and other relevant departments shall ensure
 compliance with this ordinance.
 b. The implementation of any tax increase or reduction in mill levy, as determined by
 public vote or revenue neutral rate, shall be enforced in the subsequent fiscal year.

 Section 5: Severability.
 a. Should any provision of this ordinance be deemed invalid or unenforceable, it shall not
 affect the validity or enforceability of the remaining provisions.

 Section 6: Effective Date.
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 151
 a. This ordinance shall take effect upon approval by the City Council and in accordance
 with the laws governing such enactments.

 City Attorney Stanley stated while there was a mechanism to pass ordinances by petition –

these ordinances are ordinary in nature. She reported they must consider as a City Council if it was

something they could legally have the authority to do. Home Rule powers are set out in Article 12,

Section 5 of the Constitution, and one of the limitations of power listed in Article 12, Section 5(b)

specifically states that cities shall exercise their determination of local affairs in government by

ordinance with referendums only in cases prescribed by the Legislature. This has been interpreted

by Courts to say “the City cannot pass ordinary ordinances that call for elections that are not

specifically called for in State law.” She stated the ordinance as written, calling for an election,

does exceed the legislative authority the Constitution Home Rule gives the City Council, making

the ordinance not constitutionally valid. She reported because the ordinance was not

constitutionally valid the Governing Body has the option to do nothing – let the motion die for lack

of a second, preventing it from moving forward to an election and not passing an unconstitutional

ordinance. Additionally in analyzing this ordinance, even if a court could find that the ordinance

passed constitutional muster, K.S.A. 12-3013 is not applicable to administrative ordinances. The

subject matter falls under the test of the 2009 McAlister v. City of Fairway Supreme Court Case, a

four-part guideline test of the Kansas Supreme Court established to guide us on what is legislative

verses what is administrative for this law. She stated it appears to be an administrative ordinance

because it attempts to execute an existing law already governed by State Statute that governs the

Revenue Neutral Rate (RNR) specific to timelines on how a governing body exceeds State law; the

ordinance was also specific on how the next fiscal year has to be set along with the budget and

cash basis stipulations – all appearing to attempt to implement an existing law making it an

administrative function. The ordinance also makes decisions regarding the budget which requires
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 152
specialized training deemed by courts. Finally, the ordinance involves a statewide concern in

which the Legislature has delegated decision making to the Governing Body.

 Earl McIntosh distributed a handout (Attachment D) and referenced the petition he

submitted including over 5,000 signatures to the Governing Body for consideration regarding a

Property Tax Ordinance. He stated he believes the citizens have a right to approve an increase in

property taxes through a public vote.

 Lanell Griffith referenced an email she sent to the Governing Body (Attachment E) and

stated if they create a better tax environment in Topeka, Shawnee County as well as the entire state

of Kansas people will want to live here. She spoke to the need of reducing property taxes and the

impact it would have on the vital needs of citizens.

 Mayor Padilla stated he would like to discuss the full implications of what the outcomes

could be if the RNR vote goes to the public and does not pass. He reported the tax increase was

used to raise funds for critical city infrastructure, fix the roads as well as to pay City workers

including first responders. He stated, if this decision goes to a public vote and fails, we will not be

able to increase budgets in those areas for years, which would greatly impact our ability to improve

our city. It would hurt our recruiting efforts as we would not be able to offer competitive wages for

police officers, which in turn, would become a public safety issue. The Governing Body fully

understand the state of our economy and know the impact the nationwide inflation has had on our

families here in Topeka. The last thing we want to do is to increase taxes while our families are

already struggling, however, the proposed increase above the RNR is crucial at this point in time

for our city. As Mayor, my proposal is to have our elected officials decide on this policy with our

constituents in mind, as they do with every decision they make. Our promise as a Governing Body

is to be transparent with how we operate, and the efforts currently being made to cut costs in our

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 153
departments, to help offset the burden on our families. If the ordinance introduced by petition and

referendum is not passed, that does not mean we will not seek public input on the matter. We will

hold public budget hearings, some of which are already scheduled, to hear how the public would

like the money spent.

 Councilmember Duncan stated they were presented with a petition asking the city to either

adopt upon receipt or send to the ballot box an initiative that would keep the City at the Revenue

Neutral Rate for the next 10 years. He reported he would not support adoption of the petition and

provided the following explanation of his reasons and the actions he would be proposing:

 “Let me be clear: while I have concerns with this specific petition and its validity, I agree
 with its message. This petition is the voice of the people expressing their growing
 frustration with property tax rates and the real-world struggles current rates create. I hear
 you loud and clear. I have a solid record of introducing property tax reduction measures
 every year I have been on the City Council. Some have been adopted, others have not had
 enough votes. I have voted against budgets that did not lower the mill levy. I have voted to
 stay revenue neutral and will likely do so again in the future. However, binding the City to
 the revenue neutral rate for a decade or requiring a public vote every year before the budget
 process, as this petition requests, without an ability to make changes, handcuffs future
 budget decisions, including the ability to continue investment in public safety and
 infrastructure. There are also significant legal reasons the petition is concerning. The
 Revenue Neutral Rate is a state law the city adopted to adhere to that law. Because of that,
 revenue neutral rate ordinances are administrative ordinances, and cannot be challenged by
 petition under state law. Also, the petition asks for the City to conduct elections each year
 prior to Revenue Neutral Hearings, however that exceeds a city’s authority under
 constitutional home rule and cannot be validly passed by a city. At its core, while the
 petition is looking to address the problem, it only touches the surface. We must initiate real
 property tax reform that factors in the complexities of the system and touches on all levels
 of government and taxing authorities. Otherwise, our actions may feel productive in the
 short term, but do not create the long-term change that must occur. Attached are steps I
 have put forward to bring forth real property tax relief to all Topekans. It includes steps by
 the city, along with work we need to encourage on the state and County level. I have been
 working on this issue since the first day I was elected and will continue to do so. I believe
 while this petition may not be valid, the message it carries needs to be heard by all elected
 officials in Shawnee County and hope they join our efforts to change the system and reduce
 property taxes in Topeka.”

 Mayor Padilla referenced the options provided by the City Attorney and inquired on the

will of the Governing Body.
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 The ordinance failed for lack of a motion.

 DISCUSSION regarding an ordinance introduced by Deputy Mayor Christina Valdivia-

Alcala concerning trees in mobile home parks, was presented.

 Councilmember Valdivia-Alcala stated this was a much needed law to help those who need

it the most, specifically, those mobile home park residents who are the most vulnerable. She asked

Property Maintenance Division Director Schardine to provide an overview of the process. She

stated she believes this would be considered an extension of the City of Topeka Changing Our

Culture of Property Maintenance initiative.

 John Schardine, Property Maintenance Division Director, confirmed the ordinance would

apply to mobile home parks only and includes the assistance of a certified arborist. He stated he

believes approval of the ordinance would help address the issue directly.

 Paul Lassey, Caravan Community Mobile Home Park resident, stated he believes the

arborist was not the best solution to address the overgrown vegetation of the mobile home park. He

spoke to the incident related to the safety of his grandson and thanked Councilmembers Hiller and

Valdivia-Alcala for their work in implementing new laws.

 DISCUSSION regarding renewal of franchise for Kansas Gas Service, a Division of ONE

Gas, Inc., was presented.

 Amanda Stanley, City Attorney, reported approval would set the franchise fee and provide

for the terms and conditions for the use of public rights-of-way. She noted it was a 20-year term

agreement with the option of 5-year reopeners allowing the City to keep 5% of gross receipts.

 Councilmember Duncan inquired on how the terms of the agreement were determined.

 City Attorney Stanley stated she would research if the terms were determined by City

preference or outlined in State statute and report back to the Governing Body.

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 PUBLIC COMMENT was provided by the following individuals:

 Al Struttman, Moberts Downtown business owner, stated his customers are being forced to

deal with the unsheltered population which was having a negative impact on his business. He

urged the Governing Body to increase Downtown public safety efforts and provide him the

resources he needs to address the problem.

 Jonathan Smith expressed concern with the lack of funding allocated to NIAs and stated

NIAs are already struggling to improve neighborhoods. He encouraged the Governing Body to

increase funding for NIAs.

 ANNOUNCEMENT BY THE CITY MANAGER, MAYOR AND MEMBERS OF THE

COUNCIL;

 Brenda Younger, City Clerk, announced the July 16, 2024, Governing Body Meeting was

cancelled, and a Special Meeting of the Governing Body has been scheduled on July 30, 2024,

pursuant to Resolution NO. 9548.

 Dr. Robert M. Perez, City Manager, invited Governing Body members to attend the public

input budget sessions as announced by Councilmember Hiller.

 Councilmember Ortiz encouraged citizens to participate in the 91st Fiesta Mexicana

Celebration. She commented on the positive impact the Topeka Way to Work Program has on the

community.

 Councilmember Miller asked Staff to increase education for City of Topeka Fireworks

Regulations next year specifically as it relates to the sale and discharge of fireworks in city limits.

 Councilmember Dobler referenced the RNR discussion that took place previously on the

agenda. He stated he would like to begin 2025 budget discussions with a flat revenue neutral rate

and then determine what was needed as they move forward with budget deliberations.

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 Councilmember Duncan asked Staff to gather public input on proposed budget cuts from

citizens and staff. He encouraged citizens to participate in budget public input sessions and

announced upcoming District 7 “Office Hours – Listening Time” events with detailed information

listed online at https://www.duncanfortopeka.com/events/lt4s8.

 Councilmember Hiller spoke in support of a flat mill levy rate or revenue neutral rate for

the 2025 Operating Budget. She asked citizens to provide their input on good budget ideas and

spoke in support of spending cash instead of bonding.

 Councilmember Valdivia-Alcala spoke to recent NIA budget discussions and referenced the

need to re-envision how NIA participation can be increased. She stated she plans to contact

Community Engagement and begin to work to address the additional neighborhoods that are now

considered Low-to-Moderate Income and not part of an NIA. She commented on the vast

volunteerism opportunity that takes place annually at the Fiesta Mexican celebration. She stated

more information could be found at www.fiestatopeka.com.

 Mayor Padilla encouraged citizens to volunteer at the Fiesta Mexican celebration. He spoke

to the importance of registering to vote for the upcoming 2024 elections.

 Following at 10-minute recess, Councilmember Valdivia-Alcala moved to recess into

executive session not to exceed 20 minutes to discuss employer/employee negotiations relating to

one or more unions as justified by K.S.A. 75-4319(b)(3). The meeting will resume in the Cyrus K.

Holliday Building. The following staff will assist the Governing Body in its deliberations: City

Manager Perez and any other staff he deems necessary. The motion was seconded by Mayor

Padilla.

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

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

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carried unanimously on voice vote. (9-0-0)

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

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

 Mayor Padilla moved to recess into executive session not to exceed 20 minutes to discuss

employer/employee negotiations relating to one or more unions as justified by K.S.A. 75-

4319(b)(3). The meeting will resume in the Cyrus K. Holliday Building. The following staff will

assist the Governing Body in its deliberations: City Manager Perez and any other staff he deems

necessary. The motion was seconded by Councilmember Miller.

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

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

carried on voice vote. Councilmember Ortiz voted “no.” (8-1-0)

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

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

 NO FURTHER BUSINESS appearing the meeting adjourned at 8:46 p.m.



 (SEAL)
 Brenda Younger City Clerk




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 158
 ATTACHMENT A




 Property Tax Collection from Mill Levy 3


 Categories General Debt Service Special Liability Totals
 Fund Fund Fund
 Current Mill Rate 25.554 10.717 .681 36.952
 Percentage 69.16% 29.00% 1.84% 100%
 RNR (35.341) $34,453,901 $15,421,729 $979,957 $50,855,587
 Current Mill (36.952) $36,772,125 $15,421,729 $979,957 $53,173,811
 Maximum Mill (40.952)* $42,528,112 $15,421,729 $979,957 $58,929,798
• Value of 1 mill is $1,438,997
• Exceeding the RNR rate in favor of the current mill rate means the city would collect an additional
 $2,318,224 from property taxes
• The maximum mill rate would generate $8.1m above the RNR and $5.8m over the current mill rate
• *The maximum mill rate proposed does NOT mean it will be increased to that rate
 ATTACHMENT B




 Cost to Property Owners 4


 $150,000 $200,000 $250,000 $300,000
 Various Mill Rates Appraised Appraised Appraised Appraised
 Property Property Property Property

  RNR Rate @ 35.341 $609.63 $812.84 $1,016.05 $1,219.26

  Current COT Mill Rate @ 36.952 $637.42 $849.90 $1,062.37 $1,274.84

  Maximum Mill Rate @ 40.952* $706.42 $941.90 $1,177.37 $1,412.84

  Variance of +/- 1 Mill $17.25 $23.00 $28.75 $34.50


*The maximum mill rate proposed does NOT mean it will be increased to that rate
 ATTACHMENT C




Petition & RNR Impact 5


• Timing of Public Vote/Budget deadlines would make it impossible to
  increase mill levy rate:
 • This would essentially set property tax revenue for 10 years:
 $50,855,587
 • Leaving the city much more reliant on volatile revenue sources

• Stagnant revenue would require a reduction in general fund
  services that funds police, fire and public works. Those three
  departments account for 80% of general fund expenses.

• Requiring a public vote, to exceed RNR would widen the gap in
  2025 by $2.3M in revenue for 2025
ATTACHMENT E