Governing Body — Topeka, KS
Date: 2025-01-21

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




 Governing Body Agenda
 January 21, 2025
 6:00 PM

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


Addressing the Governing Body: Public comment for the meeting will be available via Zoom or in-person. Individuals
must contact the City Clerk's Office at 785-368-3940 or via email at cclerk@topeka.org by no later than 5:00 p.m. on the
date of the meeting, after which the City Clerk's Office will provide Zoom link information and protocols prior to the
meeting. View the meeting online at https://www.topeka.org/communications/live-stream/ or at
https://www.facebook.com/cityoftopeka/.
Written public comment may also be considered to the extent it is personally submitted at the meeting or to the City
Clerk's Office located at 215 SE 7th Street, Room 166, Topeka, Kansas, 66603 or via email at cclerk@topeka.org on or
before the date of the meeting for attachment to the meeting minutes.
If you need any accommodations for the meeting, please contact the City ADA Coordinator at 785-368-4470. Kansas
Relay Service at 800-766-3777. Please provide a 48 Hour Notice if possible. Assistive listening devices are available for
use in the community forum.
Agendas are available by 5:00 p.m. on Thursday in the City Clerk's Office, 215 SE 7th Street, Room 166, Topeka,
Kansas, 66603 or on the City's website at https://www.topeka.org.
CALL TO ORDER:
INVOCATION:
PLEDGE OF ALLEGIANCE:
1. ROLL CALL:
2. CONSENT AGENDA:
 A. MINUTES of the special meeting of January 9, 2025; and the regular meeting of January 14,
 2025
 B. APPLICATIONS:

3. ACTION ITEMS:
 A. Election - Joint Economic Development Organization (JEDO) Board

 ELECTION of two City Council voting representatives to serve a one-year term on the Joint
 Economic Development Organization (JEDO) Board.

 Voting Requirement: Action requires at least six (6) votes of the Governing Body. The two
 council members receiving the highest number of votes will be elected, providing they have a
 minimum of 6 votes.

 (Resolution No. 8823 requires election of two council members at the third governing body meeting
 in January to serve as JEDO Board voting members.)

 B. Public Hearing and Ordinance - Adam Moser (V24A/2)

 PUBLIC HEARING regarding the petition filed by Adam Moser to vacate public right of way for
 30 feet of Broad Street, 60 feet of Bowery Street, and an 8-foot wide public alley.

 ORDINANCE introduced by City Manager Dr. Robert Perez regarding the vacation of public
 right of way for 30 feet of Broad Street, 60 feet of Bowery Street, and an 8-foot wide public
 alley, all part of Central Avenue Addition, City of Topeka, Shawnee County, Kansas (V24A/2)
 (Council District No. 2)

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

 (Approval will vacate an unconstructed alley and street and dedicate a public utility easement for
 maintenance of the public sanitary sewer main covering a portion of Bowery Street.)

 C. Ordinance - Paradise Providence Place Revision No. 2 (PUD24/16)

 ORDINANCE introduced by City Manager Dr. Robert Perez amending the “District Map”
 referred to and made a part of the Zoning Ordinances by Section 18.50.050 of the Topeka
 Municipal Code by approving a major amendment to the Planned Unit Development for
 Paradise Providence Place to allow a Crisis Center Type II in association with and accessory to
 the principal use of Religious Assembly on property located at 2401 SE 11th Street. (PUD
 24/16) (Council District No. 3)
 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 boarding and lodging for a maximum of eight residents; plus an additional 20
 beds during inclement weather, and limited to October 16th through April 15th within any year, and
 only in coordination with and at the request of the City of Topeka.)

D. Funding Agreement and Resolution - Setting Public Hearing Date - Sherwood Village Park
 RHID

 FUNDING AGREEMENT between Gen III Construction and Development, LLC and the City of
 Topeka, Kansas.

 RESOLUTION introduced by City Manager Dr. Robert M. Perez providing notice that the City
 is considering establishing a Reinvestment Housing Incentive District (“RHID”) for the
 Sherwood Village Park; adopting a plan for the development of housing and public facilities in
 the proposed RHID; and establishing the date and time of a public hearing.

 Voting Requirement: Action requires at least six (6) votes of the Governing Body.
 (If the funding agreement is approved the developer will pay the City sufficient moneys to cover the
 City's cost in analyzing and effecting the districts creation. Approval of the resolution would set a
 public hearing date of February 11, 2025, to entertain public comment.)

E. Funding Agreement and Resolution - Setting Public Hearing Date - Union at Tower District
 RHID

 FUNDING AGREEMENT between Union Development Holdings, LLC and the City of Topeka,
 Kansas.

 RESOLUTION introduced by City Manager Dr. Robert M. Perez providing notice that the City
 is considering establishing a Reinvestment Housing Incentive District (“RHID”) for the Union
 at Tower District; adopting a plan for the development of housing and public facilities in the
 proposed RHID; and establishing the date and time of a public hearing. Voting Requirement:
 Action requires at least six (6) votes of the Governing Body.

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

 (If the funding agreement is approved, the developer will pay the City sufficient moneys to cover the
 City's cost in analyzing and effecting the districts creation. Approval of the resolution would set a
 public hearing date for February 18, 2025, to entertain public comment.)

F. Ordinance - Authorizing the Signing of Certain Contracts

 ORDINANCE introduced by City Manager Dr. Robert M. Perez, authorizing the Deputy City
 Manager, Assistant City Manager, and Director of Administrative and Financial Services to sign
 specific contracts on behalf of the City pursuant to Charter Ordinance No. 94, codified at
 Section A2-55 of the Code of the City of Topeka. (Deferred from the Meeting of December 17,
 2024.)

 Voting Requirement: Action requires at least five (5) of the City Council. The mayor does not
 vote. The proposed ordinance involves a matter of home rule on which the Mayor has veto power.

 (Approval would authorize certain city officers or employees to approve and sign the contracts in the
 absence of the city manager.)

4. NON-ACTION ITEMS:
 A. Discussion - Camping Prohibitions

 DISCUSSION concerning camping prohibitions amending Sections 9.45.350 and 9.45.360 of
 the Topeka Municipal Code.

 (Approval will expand the definition of public infrastructure and clarify parameters for camping on
 private property.)

5. PUBLIC COMMENT:
 Public comment for the meeting will be available via Zoom or in-person.
 Individuals must contact the City Clerk's Office at 785-368-3940 or via email at
 cclerk@topeka.org by no later than 5:00 p.m. on the date of the meeting, after
 which the City Clerk's Office will provide Zoom link information and protocols
 prior to the meeting. Written public comment may also be considered to the
 extent it is personally submitted at the meeting or to the City Clerk's Office
 located at 215 SE 7th Street, Room 166, Topeka, Kansas, 66603 or via email at
 cclerk@topeka.org on or before the date of the meeting for attachment to the
 meeting minutes. View the meeting online at
 https://www.topeka.org/communications/live-stream/ or at
 https://www.facebook.com/cityoftopeka/.
6. ANNOUNCEMENTS:
7. 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.)
8. ADJOURNMENT:
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 January 21, 2025


DATE: January 21, 2025
CONTACT PERSON: Dr. Robert M. Perez,  DOCUMENT #:
 City Manager
SECOND PARTY/SUBJECT: JEDO Board Members PROJECT #:
 2025
CATEGORY/SUBCATEGORY 006 Communication / 005 Other
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

ELECTION of two City Council voting representatives to serve a one-year term on the Joint Economic
Development Organization (JEDO) Board.

Voting Requirement: Action requires at least six (6) votes of the Governing Body. The two council
members receiving the highest number of votes will be elected, providing they have a minimum of 6
votes.

(Resolution No. 8823 requires election of two council members at the third governing body meeting in January
to serve as JEDO Board voting members.)

VOTING REQUIREMENTS:
Majority vote of the Governing Body (6). The two council members receiving the highest number of votes will be
elected, providing they have a minimum of 6 votes.
POLICY ISSUE:
Whether to utilize the process in Resolution No. 8823 and elect two council members to serve on JEDO as voting
members.
STAFF RECOMMENDATION:
Staff recommends that the governing body elect two JEDO Board voting representatives pursuant to Resolution
No. 8823.
BACKGROUND:
The interlocal cooperation agreement with Shawnee County establishes an entity known as the Joint Economic
Development Organization (JEDO). The members are the Shawnee County commissioners and the members of
the City governing body. However, voting members are the county commissioners, the mayor, the deputy mayor
and two council members elected by the governing body. Resolution 8823 establishes the process by which the
two council members are elected. The council members will serve a one-year term.

Below is a list of members that have served over the past several years:

 2024: David Banks and Spencer Duncan
 2023: Tony Emerson and Hannah Naeger
 2022: Hannah Naeger and Neil Dobler
 2021: Hannah Naeger and Mike Lesser
 2020: Mike Padilla and Mike Lesser
 2019: Tony Emerson and Mike Lesser
 2018: Mike Padilla and Mike Lesser
 2017: Tony Emerson and Michelle De La Isla
 2016: Sandra Clear and Jeff Coen
 2015: Michelle De La Isla and Jeff Coen
 2014: Karen Hiller and Nathan Schmidt
BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Not applicable.

ATTACHMENTS:
Description
Resolution No. 8823 (Oct 2016)
JEDO Board Operational Rules
Interlocal Cooperation Agreement
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 January 21, 2025


DATE: January 21, 2025
CONTACT PERSON: Dan Warner, AICP, DOCUMENT #: V24A/2
 Planning Division
 Director
SECOND PARTY/SUBJECT: Adam Moser PROJECT #:
CATEGORY/SUBCATEGORY 018 Public Hearings / 010 Vacations
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

PUBLIC HEARING regarding the petition filed by Adam Moser to vacate public right of way for 30 feet of
Broad Street, 60 feet of Bowery Street, and an 8-foot wide public alley.

ORDINANCE introduced by City Manager Dr. Robert Perez regarding the vacation of public right of way
for 30 feet of Broad Street, 60 feet of Bowery Street, and an 8-foot wide public alley, all part of Central
Avenue Addition, City of Topeka, Shawnee County, Kansas (V24A/2) (Council District No. 2)

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

(Approval will vacate an unconstructed alley and street and dedicate a public utility easement for maintenance
of the public sanitary sewer main covering a portion of Bowery Street.)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to approve vacation of public street and alley right-of-way, finding that (1) no private rights will be
injured; and (2) the public will suffer no loss or inconvenience.
STAFF RECOMMENDATION:
Staff recommends the Governing Body conduct the public hearing and move to adopt the ordinance.
BACKGROUND:
V24A/2 vacates unconstructed segments of street and alley right-of-way that were platted with Central Avenue
Addition in 1888. The property owner requested the vacation so he can install a fence in the future. Fences are
not permitted across street and alley rights-of-way. The vacated public right-of-way will revert to the property
owner.

The alley and street have never been constructed and are not needed by the City as either a public alley or a
street. There is a City of Topeka sewer main in that portion of the platted and unbuilt Bowery Street, which means
a public utility easement will be dedicated as needed to allow for maintenance of the public sanitary sewer main.

The applicant held a neighborhood information meeting Monday, December 9, 2024. Two owners of adjoining
property attended the meeting. No objections to the vacation were expressed at the meeting and no objection has
been made since then.

Pursuant to Kansas Statute K.S.A 12-504, the vacation has been advertised 20 days prior to the public hearing.
BUDGETARY IMPACT:
The vacation will not impact the City's adopted budget
SOURCE OF FUNDING:
Not Applicable

ATTACHMENTS:
Description
Ordinance V254A/02 Moser
Presentation
Aerial Map
Exhibit of Requested Area
Application
Neighborhood Meeting Attendance
Public Notice
Legal Ad
 (Published in the Topeka Metro News )

 ORDINANCE NO.

ORDINANCE introduced by City Manager Dr. Robert Perez regarding the vacation of public right of way for
 30 feet of Broad Street, 60 feet of Bowery Street, and an 8 foot wide public alley, all part of
 Central Avenue Addition, City of Topeka, Shawnee County, Kansas (V24A/2) (Council District
 No. 2)

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

 Section 1. That pursuant to the requirements of K.S.A. 12-504 as amended, a petition by Adam Moser, has

been filed with the office of the City Clerk, requesting the vacation of the following described public street and alley

located within the City of Topeka, Shawnee County, Kansas:

 In Central Avenue Addition: Broad Street extending from the East line of Blaine Avenue to
 the East line of Central Avenue Addition; Bowery Street extending from the East line of
 Blaine Avenue to the East line of Central Avenue Addition; An alley 8 feet in width, the East
 line of which is coincident with the East line of Central Avenue Addition extending from the
 North line of Broad Street to the South line of Bowery Street, all in the City of Topeka,
 Shawnee County, Kansas.


 Section 2. That said petition has been duly published for two (2) consecutive weeks in a newspaper of

general circulation and on January 21, 2025, the petition is ready for determination by the Governing Body of the City

of Topeka, Kansas.

 Section 3. That the Governing Body of the City of Topeka, after being duly informed and hearing the

evidence presented finds that:

 a. Legal notice was given as required by K.S.A. 12-504 as amended.

 b. No private rights will be injured or endangered by such vacation.
 c. The public will suffer no loss or inconvenience by such vacation.

 Section 4. That the Governing Body of the City of Topeka does hereby find that justice requires the

petition of vacation be granted and does hereby order the vacation of the below described public street and alley right-of-

way located within the City of Topeka, Kansas:

 In Central Avenue Addition: Broad Street extending from the East line of Blaine Avenue to
 the East line of Central Avenue Addition; Bowery Street extending from the East line of
 Blaine Avenue to the East line of Central Avenue Addition; An alley 8 feet in width, the East
 line of which is coincident with the East line of Central Avenue Addition extending from the
 North line of Broad Street to the South line of Bowery Street, all in the City of Topeka,
 Shawnee County, Kansas.


 Section 5. That the Council of the City of Topeka does hereby find that justice further requires the

provision for a “public utility easement” to be established over the described property as set forth below and does hereby

order the retention of the below described area as a “public utility easement”:

 In Central Avenue Addition: Bowery Street extending from the East line of Blaine Avenue to
 the East line of Central Avenue Addition, in the City of Topeka, Shawnee County, Kansas.

 Section 6. The City Clerk is hereby directed to certify a copy of this ordinance to the Shawnee County

Register of Deeds Office for appropriate recording.

 Section 7. This ordinance shall take effect and be in force from and after its passage, approval and

publication in the official city newspaper.

PASSED AND APPROVED by the Governing Body of the City of Topeka , 2025



 _________________________
 Michael Padilla, Mayor
ATTEST:


__________________________
Brenda Younger, City Clerk

 To Be Codified ___
 Not To Be Codified X
 V24A/2 Adam Moser

PUD24/16 Paradise Providence
 Place – Revision #2
V24A/2 by Adam Moser 2
PUD24/16 Paradise Providence Place – Revision #2 3


Location: 2401 SE 11th Street (11th and
Long)

Site: 2.59 acres

Proposal: Request to allow a Crisis
Center Type II, including residence for
6 homeless individuals, 2 caretaker
and security staff, clothing and food
pantry, and emergency seasonal
homeless shelter for up to 20 additional
residents.

Current use: Religious Assembly,
sanctuary and offices since 2007 or
soon thereafter
 NW CENTRAL AVE
 NW JAY ST




 NW BROAD ST




 KA B
 LVD




 NW CENTRAL AVE NW BLAINE AVE
 Subject
 NW Area to be M-2
 TOP
 E vacated




 NSA
 S AV
 E
 N KA


 NW BOWERY ST




V24A/02 By: Adam Moser ¯
 Planning Division Dan Warner, AICP, Director
 Holliday Building, 620 SE Madison St., Unit 11 Tel: 785-368-3728
 Topeka, KS 66607 www.topeka.org



 IN THE MATTER OF THE PROPOSED VACATION OF:

Public right of way for Broad Street, Bowery Street and an 8 ft wide public alley that is all part of
Central Avenue Addition. (V24A/02) (Council District No. 2)

 NOTICE OF PUBLIC HEARING

Public notice is hereby given that a petition has been filed by The City of Topeka to
vacate a segment of a public street and public alley right of way legal described as
follows:

 Right of Way to be Vacated

 In Central Avenue Addition: Broad Street extending from the East line of Blaine Avenue to the
 East line of Central Avenue Addition; Bowery Street extending from the East line of Blaine
 Avenue to the East line of Central Avenue Addition; An alley 8 feet in width, the East line of
 which is coincident with the East line of Central Avenue Addition extending from the North line
 of Broad Street to the South line of Bowery Street, all in the City of Topeka, Shawnee County,
 Kansas.

 Utility Easement to be Retained

In Central Avenue Addition: Bowery Street extending from the East line of Blaine Avenue to the
 East line of Central Avenue Addition, in the City of Topeka, Shawneee County, Kansas.

The petition requesting vacation has been filed in the office of the city clerk and will be
presented to the City of Topeka governing body for a public hearing on Tuesday, January 21,
2025 at 6:00 P.M. or as soon thereafter as the same may be heard in the City Council
Chambers, Municipal Building, 2nd Floor, 8th and Monroe Streets, Topeka, Kansas, at which time
and place all interested persons may appear and be heard, either for or against granting said
Petition.

Interested persons have the right to file a written objection with the City Clerk at the time
of or before the hearing pursuant to KSA 12-505. To contact the City Clerk about filing a
written objection, call 785-368-3940




 See map of the proposed Vacation on the reverse side of this page




 Topeka Planning & Development Department
Bill Fiander, Director of Planning & Development bfiander@topeka.org
Holliday Building, 620 SE Madison St. Tel: 785-368-3728
Topeka, KS 66603 www.topeka.org




 2
Bill Fiander, Director of Planning & Development bfiander@topeka.org
Holliday Building, 620 SE Madison St. Tel: 785-368-3728
Topeka, KS 66603 www.topeka.org




 3
Please publish all of the following in the Topeka Metro News in the Legal Advertising
Section on Monday, December 30, 2024 and January 2, 2025


 IN THE MATTER OF THE PROPOSED VACATION OF:

Public right of way for Broad Street, Bowery Street and an 8 ft wide public alley that is all part of
Central Avenue Addition. (V24A/02) (Council District No. 2)

 NOTICE OF PUBLIC HEARING
 (Pursuant to K.S.A. 12-504 et seq.)

 To Whom It May Concern:

Public notice is hereby given that a petition has been filed by The City of Topeka to vacate
a segment of a public street and public alley right of way legal described as follows:

 Right of Way to be Vacated

In Central Avenue Addition: Broad Street extending from the East line of Blaine Avenue
 to the East line of Central Avenue Addition; Bowery Street extending from the East line
  of Blaine Avenue to the East line of Central Avenue Addition; An alley 8 feet in width,
 the East line of which is coincident with the East line of Central Avenue Addition
  extending from the North line of Broad Street to the South line of Bowery Street, all in
 the City of Topeka, Shawnee County, Kansas.

 Utility Easement to be Retained

 In Central Avenue Addition: Bowery Street extending from the East line of Blaine
  Avenue to the East line of Central Avenue Addition, in the City of Topeka, Shawneee
 County, Kansas.

The petition requesting vacation has been filed in the office of the city clerk and will be
presented to the City of Topeka governing body for a public hearing on Tuesday,
January 21, 2025 at 6:00 P.M. or as soon thereafter as the same may be heard in the City
Council Chambers, Municipal Building, 2nd Floor, 8th and Monroe Streets, Topeka,
Kansas, at which time and place all interested persons may appear and be heard, either
for or against granting said Petition. Interested persons have the right to file a written
objection with the City Clerk at the time of or before the hearing pursuant to KSA 12-
505.

BY THE GOVERNING BODY,
CITY OF TOPEKA, KANSAS
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 January 21, 2025


DATE: January 21, 2025
CONTACT PERSON: Dan Warner, AICP, DOCUMENT #: PUD24/16
 Planning Division
 Director
SECOND PARTY/SUBJECT: Open Arms Ministries PROJECT #: N/A
CATEGORY/SUBCATEGORY 015 Petitions/003 Zoning
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

ORDINANCE introduced by City Manager Dr. Robert Perez amending the “District Map” referred to and
made a part of the Zoning Ordinances by Section 18.50.050 of the Topeka Municipal Code by approving a
major amendment to the Planned Unit Development for Paradise Providence Place to allow a Crisis
Center Type II in association with and accessory to the principal use of Religious Assembly on property
located at 2401 SE 11th Street. (PUD 24/16) (Council District No. 3)

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 boarding and lodging for a maximum of eight residents; plus an additional 20 beds during
inclement weather, and limited to October 16th through April 15th within any year, and only in coordination with
and at the request of the City of Topeka.)

VOTING REQUIREMENTS:
Governing Body Members have the following voting options:

 1. Approve the Planning Commission’s recommendation by adopting the ordinance. A minimum of 6 votes are
 required of the Governing Body.
 2. Amend the Planning Commission’s recommendation by amending the ordinance. A minimum of 7 votes are
 required is required of the Governing Body.
 3. Refuse to approve the Planning Commission’s recommendation by rejecting the ordinance. A minimum of
 7 votes are required of the Governing Body.
 4. Remand to the Planning Commission for further consideration, with a statement specifying the basis for the
 governing body’s failure to approve or disapprove. A minimum of 6 votes are required of the Governing
 Body.
POLICY ISSUE:
Whether to adopt the Planning Commission's recommendation to rezone the property
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to adopt the ordinance approving the rezone.
BACKGROUND:
PUD24/16 will allow a Crisis Center Type II within the existing building located at 2401 SE 11th Street currently
used for religious assembly and related uses. The Crisis Center Type II will provide the following uses to the
community and neighborhood: 1.) Temporary board and lodging for a maximum of eight residents. 2.) Seasonal
emergency overnight homeless shelter for up to 20 beds October 16th - April 15th during inclement weather and
when requested by the City of Topeka. The existing clothing and food pantry is allowed as an accessory
use to the religious assembly.

The applicant conducted a Neighborhood Information Meeting on November 21, 2024. No one other
than planning staff and the applicant attended the meeting.

The Planning Commission recommended approval by a vote of 7-0-1 on December 16, 2024. Staff
recommends approval per the attached staff report.
BUDGETARY IMPACT:
Approval will not have an impact on the City's adopted budget
SOURCE OF FUNDING:
Not Applicable

ATTACHMENTS:
Description
Ordinance
Presentation
Staff Report
Topeka Planning Commission Meeting Minutes (Dec 16, 2024) (PUD24/16)
PUD Master Plan with recommendation of Planning Commission
Aerial Map
zoning map
Future Land Use Map
Neighborhood Meeting Attendance
Comment from Police Dept
(Published in the Topeka Metro News _____________________________________)


 ORDINANCE NO. ________________________

ORDINANCE introduced by City Manager Dr. Robert Perez amending the “District Map”
 referred to and made a part of the Zoning Ordinances by Section 18.50.050 of
 the Topeka Municipal Code by approving a major amendment to the Planned
 Unit Development for Paradise Providence Place to allow a Crisis Center Type II
 in association with and accessory to the principal use of Religious Assembly on
 property located at 2401 SE 11th Street and described below as Area B . (PUD
 24/16) (Council District No. 3)

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

 Section 1. That the “District Map” referred to and made a part of the Zoning Ordinances

by Section 18.50.050 of the Topeka Municipal Code (TMC), be, and the same is hereby amended, by

reclassifying the following described property:




subject to:

 1. Use and development of the site in accordance with the Planned Unit Development (PUD)

 Master Plan for Paradise Providence Place



 Section 2. The PUD Master Plan for Paradise Providence Place shall be recorded with the

Shawnee County Register of Deeds in accordance with Section 18.190.060(b) of the Topeka Municipal

Code (TMC). Following the recording of the PUD Master Plan and prior to building permit and/or land

development on the site, site development plans as required by the PUD Master Plan shall be submitted

for review and administrative approval by the Planning Director.

 Section 3. This Ordinance Number shall be fixed upon the “District Map”.

 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed.

 Section 5. This Ordinance shall take effect and be in force from and after its passage,
 approval and publication in the official city newspaper.

 PASSED AND APPROVED by the Governing Body, City of Topeka, KS _____________, 2025




 ________________________________
 Michael A. Padilla, Mayor
ATTEST:


_______________________
Brenda Younger, City Clerk To Be Codified ___________
 Not To Be Codified ___X___
 V24A/2 Adam Moser

PUD24/16 Paradise Providence
 Place – Revision #2
V24A/2 by Adam Moser 2
PUD24/16 Paradise Providence Place – Revision #2 3


Location: 2401 SE 11th Street (11th and
Long)

Site: 2.59 acres

Proposal: Request to allow a Crisis
Center Type II, including residence for
6 homeless individuals, 2 caretaker
and security staff, clothing and food
pantry, and emergency seasonal
homeless shelter for up to 20 additional
residents.

Current use: Religious Assembly,
sanctuary and offices since 2007 or
soon thereafter
 STAFF REPORT – PLANNED UNIT DEVELOPMENT
 TOPEKA PLANNING AND DEVELOPMENT DEPARTMENT
 PLANNING COMMISSION DATE: Monday, December 16, 2024

APPLICATION
INFORMATION
APPLICATION CASE
NUMBER/NAME: PUD24/16 – Amendment to Planned Unit Development Plan for Paradise
 Providence Place

REQUESTED ACTION / Amend the Master Planned Unit Development District (M-2 uses) to allow a
CURRENT ZONING: Crisis Center Type II within the existing building on the site and operated in
 association with, and accessory to, the Religious Assembly use of the
 property.

PROPERTY OWNER: Open Arms Outreach Ministries

APPLICANT REPRESENTATIVE: Joseph Mauk, SBB Engineering LLC

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

PROPERTY ADDRESS/ PARCEL 2401 SE 11th Street / PID: 1320403010001000
ID:

PARCEL SIZE(S): 2.59 acres
PHOTOS: Looking towards the building from SE 11th Street:
RECOMMENDATION: Staff recommends APPROVAL of the amendment to the Master PUD Plan for
 Paradise Providence Place as stated below in the conditions of approval

RECOMMENDED MOTION: Motion to APPROVE the amendment to the Master PUD Plan for Paradise
 Providence Place as stated below in the conditions of approval.



PROJECT AND SITE
INFORMATION
PROPOSED USE / SUMMARY: The purpose of the PUD amendment is to allow a Crisis Center,
 Type II (permitted by a conditional use in the X-2, D-1 or D-2
 Districts) included within Area B of the Master PUD Plan operated
 in association with, and accessory to, the religious assembly use
 currently on the property. This Crisis Center will include the
 following uses:

 1.) Temporary boarding and lodging for a maximum of six (6)
 individuals until said individuals are able to secure
 employment; and
 2.) Boarding and lodging for seasonal emergency overnight
 24-hour shelter for up to twenty (20) additional persons:
 and
 3.) A food and clothing pantry; and
 4.) A permanent residence for up to two full time building
 caretakers.

 The Master PUD Plan incorporates both Areas A and B. Area A
 includes 15 new duplexes operated by the Topeka Housing Authority
 (THA) constructed after 2007. Area A is not affected by this revision
 to the PUD Master Plan. Area B includes a Religious Assembly use,
 day care center, and community center.

 The existing building(s) contained within Area B of the PUD Master
 Plan has been operated by Open Arms Ministry as a religious
 assembly use, clothing and food bank since at least 2014 when the
 applicant moved their ministry into the building. The applicant began
 their ministry in 2003 and, as stated on their website, provides social
 services, clothing and food to citizens in the city.

DEVELOPMENT / CASE HISTORY: The site has been used since 2014 as a church, clothing and food bank
 when the applicant purchased the building and grounds. In 2016, a
 maximum of two residents began residing in the building as
 caretakers. American Rescue Plan Act (ARPA) grant funds were
 provided to Open Arms by the City of Topeka in 2022 to assist with
 these programs. This rezoning application is in response to life safety
 code violations that are in the process of being resolved.

 The building is divided into two wings. Historically, these wings were
 constructed in phases between 1946 and 1965 and then subsequently
 used as Belvoir Elementary by USD 501 from 1966 to the mid-1990s.
 PAGE 2
 PUD 24-16 Paradise Providence Place Revision #2
 The building has been used as a church and community center since
 at least 2007 when rezoned as part of the PUD to allow the duplexes
 to the east. The east wing of the building contains a church sanctuary
 and related offices and the west wing contains the previous school
 classrooms, and these rooms have been converted to food pantry,
 clothing pantry, and living and sleeping rooms for residents.

ZONING AND LAND USE West: PUD (Multiple Family Dwelling District uses) / Apartments
SURROUNDING PROPERTIES: (Paradise Plaza)

 East: PUD (Duplexes) / Ybarra Place senior housing / 15 duplexes/
 Pine Ridge Apartments (Topeka Housing Authority)

 South: Interstate 70 Right – of -Way

 North: R-1 Single Family Dwelling District / large lot single family and
 vacant lots


COMPLIANCE WITH
DEVELOPMENT STANDARDS AND
GUIDELINES

USE STANDARDS AND The PUD Master Plan establishes the use and dimensional standards.
DIMENSIONAL STANDARDS: The purpose of the PUD revision is to allow a Crisis Center Type II” as
 defined in the zoning code as, “a facility and portion thereof and
 premises which is used for purposes of emergency shelter, crisis
 intervention, including counseling, referral, hotline response, and similar
 human social service functions; meal preparation, distribution and
 services; merchandising distribution; and temporary and/or transient
 shelter, including boarding and lodging” The Planning Director
 concluded that the proposed use meets the definition stated above and,
 therefore, requires a Major Amendment to the PUD Master Plan to
 allow the use of a Crisis Center Type II. A Crisis Centers Type II is
 only allowed by conditional use in the X-2, D-1, and D-2 zoning districts
 and is prohibited in all other zoning districts.

PARKING AND ACCESS: Off-street parking requirements are determined by land use and not the
 zoning classification. (TMC 18.240). As stated, the parking will be
 determined based on a rate of 1 stall per 4 seats in the sanctuary and
 Crisis Centers require parking at a rate of 1 stall per 200 sf of net floor
 area. Existing paved parking lots are provided adjacent to the existing
 building(s).

 A parking lot striping plan will be needed with the Builidng Permit
 application and processing for staff to determine the number of required
 stalls. The plan should denote all pavement marking and any signs,
 including ADA signs and markings.

DESIGN STANDARDS: N/A (No substantial exterior changes to the building are proposed.)


 PAGE 3
 PUD 24-16 Paradise Providence Place Revision #2
LANDSCAPING: There are not any expansions to the building or parking lot planned that
 will require a Landscape Plan pursuant to TMC18.235.

SIGNAGE: Signage will be required to comply with the Sign Code (TMC18.10).

LIGHTING & SOUND: Any exterior lighting installations shall not have a negative impact on
 traffic safety or the surrounding properties. Any new outdoor lighting on
 the building or within the parking lots shall not exceed a level of 3 foot-
 candles at the property line.

VARIANCES REQUESTED: None


OTHER FACTORS
SUBDIVISION PLAT: There is an existing plat of record for the property that includes Lots
 1-34 Block 8, Bellview Addition, plus a vacated alley right of way.

UTILITIES: Public sanitary sewer and water connections are readily available with
 all connections being at the expense of the developer.

FLOOD HAZARDS, STREAM The subject property is not located in a FEMA designated flood plain.
BUFFERS:

HISTORIC PROPERTIES: None

NEIGHBORHOOD PLAN: Located in the East Topeka South Neighborhood Plan boundary.



NEIGHBORHOOD INFORMATION The applicant conducted a neighborhood information meeting on
MEETING: Thursday, November 21, 2024 at 5:30 pm. Planning staff Michael
 Hall and Ann-Marie Driver attended the meeting along with the
 applicant. No one else from the public attended the meeting.


REVIEW COMMENTS BY CITY DEPARTMENTS
AND EXTERNAL AGENCIES
Public Works /Engineering: No issues identified regarding rezoning.

Water Pollution Control: No issues identified regarding rezoning.

Fire Department: No issues identified regarding rezoning. This revision does not
 affect the existing fire access. Additional comments and/or
 requirements may be made as permits and applications for future
 plans are submitted. Comments on the Code Footprint Plan have
 been made and will be addressed at time of construciton concerning
 fire separation.


 PAGE 4
 PUD 24-16 Paradise Providence Place Revision #2
 Development Services: The applicant is currently working with a licensed Architect to
 prepare the required Code Footprint and Code Analysis Plans.
 Future improvement plans will be reviewed at the time of Building
 Permit submittal and processing of permits. All residential uses,
 food pantry, clothing pantry and associated accessory uses must
 comply with all building and life safety codes.

 Police Department: Expressed concerns related to the interconnections between the
 day care and crisis center that are included in the same structure
 and how security to the day care will be provided. The PUD Master
 Plan allows a day care in the building although a day care is not
 currently operating. Staff has written a condition that would not
 allow a day care to operate in any portion of the buiding where there
 is also a Crisis Center operating simulateously.


 KEY DATES
 SUBMITTAL: November 1, 2024

 NEIGHBORHOOD INFORMATION November 21, 2024
 MEETING

 LEGAL NOTICE PUBLICATION: November 20, 2024

 PROPERTY OWNER NOTICE MAILED: November 22, 2024



STAFF ANALYSIS

The City of Topeka Planning Department has reviewed the zoning application relative to the required findings and
conclusions in Topeka Municipal Code Section 18.245 (Findings and conclusions reflect the “golden factors” per
Donald Golden v. City of Overland Park, 1978 Kansas Supreme Court) as is required for applications for rezoning.

 CHARACTER OF THE NEIGHBORHOOD: The character of the surrounding area is comprised of predominantly
 garden-style, multiple – family dwellings, one-story duplexes, single family dwellings, as well as larger swaths of
 vacant land that are zoned for residential use. Religious Assembly and other institutional uses, such as schools,
 have traditionally developed within residential neighborhood settings and are considered appropriate within
 residential settings. Religious Assembly uses often incorporate other accessory uses, such as community centers,
 day care centers, clothing and food banks as accessory uses that are supported by the Religious Assembly use.
 A crisis center may potentially complement the principal use of Religious Assembly. That being said, there are still
 concerns of staff that locating an emergency shelter, including short-term homeless residents has the potential to
 impact the residential character of a neighborhood that is already designated “At Risk” on the 2020 Neighborhood
 Health Map. However, there should be no change to the character of the neighborhood due to conditions of the
 PUD Master Plan limiting the 20-bed seasonal emergency shelter during inclement weather, and limited to October
 16th through April 15th within any year, and only in coordination with and at the request of the City of Topeka.

 ZONING AND USE OF NEARBY PROPERTIES: The surrounding zoning to the west and east is zoned for
 multiple family residential that includes both duplexes and garden level, two to three story public housing apartment
 complexes. The zoning to the north is single family residential and developed with single family dwellings or
 remains vacant.
 PAGE 5
 PUD 24-16 Paradise Providence Place Revision #2
LENGTH OF TIME THE PROPERTY HAS REMAINED VACANT AS ZONED OR USED FOR ITS CURRENT
USE UNDER THE PRESENT CLASSIFICATION: The subject property has remained as zoned for a church,
community center, and day care center since 2007. A day care is not currently operating in the building. Prior to
Open Arms purchasing the building in approximately 2014, there were two other churches simultaneously using
the building and sanctuary. Historically, the site was the location of Belvoir Elementary School from 1966 to the
mid-1990s and was closed as part of the final phase of desegregation from the Brown v. Board case.

SUITABILITY OF USES TO WHICH THE PROPERTY HAS BEEN RESTRICTED: The use of the property as
restricted under the Master Planned Unit Development zoning allowing religious assembly, community center and
day care is still suitable based on the established pattern of land uses and zoning in the area since these uses are
complementary with the surroundings uses and accessory to the Religious Assembly. The church is currently
using the east wing of the building and has converted the west wing for use as the Crisis Center and food and
clothing bank. The change in zoning allows the owner(s) to fully utilize the west wing of the building and is an
appropriate adaptive re-use to ensure the building will be fully occupied.

CONFORMANCE TO THE COMPREHENSIVE PLAN: The subject property is located within the East Topeka
Neighborhood Revitalization Plan boundary, which establishes the subject site for Institutional uses. This
designation of the neighborhood plan was intended to recognize existing schools, churches, not-for-profit social
services, medical agencies and utilities. The proposed use of the building to add a Crisis Center Type II that is
accessory to, and operated by, the not-for-profit Religious Assembly organization is in conformance with this land
use designation in the neighborhood plan.

THE EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY
PROPERTIES: The proposed amendment to the PUD Master Plan accommodates development of the property
consistent with goals and objectives of the East Topeka Revitalization Plan’s Institutional land use classification
for this area. The neighborhood plan does encourage and support the function and use of the building continuing
for social services and there will not be any substantial changes to the use of the building that will detrimentally
affect nearby properties. There may be a perceived detrimental effect upon the neighborhood by allowing a new
short-term emergency shelter for transient residents within a neighborhood designated “At Risk” on the City of
Topeka’s Neighborhood Health Map. However, the PUD Master Plan limits residential use to 6 residents and 2
caretakers in residence allowed throughout the year, and use of the 20-bed emergency shelter for inclement
weather is restricted to October 16th through April 15th in any year, and employed only in coordination with and at
the request of the City of Topeka.

THE RELATIVE GAIN TO THE PUBLIC HEALTH, SAFETY, AND WELFARE BY THE DESTRUCTION OF THE
VALUE OF THE OWNER’S PROPERTY AS COMPARED TO THE HARDSHIP IMPOSED UPON THE
INDIVIDUAL LANDOWNER: The proposed revision to the PUD Master Plan accommodates development of the
property consistent with the goals and objectives established by the East Topeka Neighborhood Plan’s Institutional
land use classification for this area and ensures the “historical” school building remains fully occupied with an
active use. If left unmaintained and vacant it may become another eyesore to the neighborhood as it continues to
decline in condition. There is also a hardship upon the landowner as they have been operating under a grant
since 2022 without knowledge that a rezoning was necessary for the food/clothing bank and an emergency shelter.
It would be difficult to relocate their uses to another building/site and this would also leave the building unoccupied
to further decline in condition.

AVAILABILITY OF PUBLIC SERVICES: All essential public roadways, utilities, and services are currently
present and available within the area.

COMPLIANCE WITH ZONING AND SUBDIVISION REGULATIONS: Development under the proposed zoning
will require compliance with the conditions detailed in the PUD master plan for Paradise Providence Place

 PAGE 6
 PUD 24-16 Paradise Providence Place Revision #2
STAFF RECOMMENDATION
Based upon the above findings and analysis, Planning staff recommends APPROVAL of the amendment to the Master
Planned Unit Development Plan for Paradise Providence Place to allow a Crisis Center Type II subject to the conditions
stated below:

PLANNING COMMISSION MOTION: Based on the findings and analysis in the staff report, I move to recommend to the
Governing Body APPROVAL of the amendment to the Master Planned Unit Development Plan for Paradise Providence
Place to allow a Crisis Center Type II subject to the conditions stated below:

 1. Adding the following note: “All restrictions set forth by Paradise Providence Place master PUD Plan as
 recorded in Book 45 Page 13 on October 31, 2007 shall remain in effect unless stated otherwise on this
 amendment.”
 2. Add note under Building and Structural Notes: “All residential uses, food and clothing pantry, and any
 associated accessory uses shall comply with applicable City of Topeka Building and Life Safety Codes.”
 3. Add note under Building and Structural Notes: “A Day Care Center is not permitted in any wing of the
 building where there is the simultaneous operation of the Crisis Center Type II.”
 4. Add to the beginning of the first sentence under “Project Performance Objective”: “Revision #2 to the
 master plan will allow….”

Planning Commission Motion: In its motion to approve by a vote of 8-0-1, the Planning Commission requested
the following changes to condition #3: Add new note under Building and Structural Notes: “A Crisis Center
Type II and any other residential use is limited to the west wing of the building. A day care center is limited to the
east wing of the building.”

ATTACHMENTS:

Statement of Operations
Aerial Map
Zoning Map
Future Land Use Map
Neighborhood Meeting Attendance
Comment from Police Department




 PAGE 7
 PUD 24-16 Paradise Providence Place Revision #2
 TOPEKA PLANNING COMMISSION
 Monday, December 16, 2024

 CASE MINUTES

 Members present: Willie Brooks, Jennifer Hannon, Jim Kaup, Jeff Lolley, Joesph Mauk
 William Naeger, Katy Nelson, Donna Rae Pearson (8)

 Members Absent: Del-Metrius Herron (1)

 Staff Present: Rhiannon Friedman, Planning & Development Director; Dan Warner, Planning Director
 Michael Hall, Land Use Planning Manager; Ann-Marie Driver; Planner, Paul Turner,
 Planner; Amanda Tituana-Feijoo, Administrative Officer; Mathew Mullen, Legal, Amanda
 Stanley, Legal, and Brandy Roy- Bachman, Legal

PUD24/16, Paradise Providence Place (Revision Number 2)
The purpose of the PUD amendment is to allow a Crisis Center, Type II (permitted by a conditional use in the X-2,
D-1 or D-2 Districts) included within Area B of the Master PUD Plan operated in association with, and accessory to,
the religious assembly use currently on the property. This Crisis Center will include the following uses:

 1.) Temporary boarding and lodging for a maximum of six (6) individuals until said individuals can secure
 employment
 2.) Boarding and lodging for seasonal emergency overnight 24-hour shelter for up to twenty (20) additional
 persons
 3.) A food and clothing pantry
 4.) A permanent residence for up to two full time building caretakers

Staff:
Ann- Marie Driver presented the staff report and staff’s recommendations of approval. Ms. Driver stated that this
rezoning application is in response to life safety code violations that are in the process of being resolved.

Questions/Comments from Commissioners:
Commissioner Kaup asked about the seasonal occupation that was listed within the staff report. Ms. Driver stated
that it will run from October through April, and at times when the city declares inclement weather. Commissioner
Kaup asked for clarification on the “times of inclement weather” that was stated in the staff report, and if it is in
addition to the time periods from October through April. Ms. Driver stated the intention was at the times the city
declares inclement weather between the months of October and April.

Commissioner Pearson stated that she assumes the inclement weather being referred to is during the winter
months but asked about any inclement weather during the summer months. Director Friedman stated that the city
works through inclement weather via warming centers. Although she does not disagree that the inclement weather
happens in the summer months as well, the city relies on the county for support during the warmer months. The city
just helps with the warming centers and severe cold temperatures. Commissioner Pearson asked if the applicant
can only operate a warming center, and Director Friedman stated that would be the use for the 20 beds.

Commissioner Kaup asked staff to revise the staff report to reflect “October through April and only for use during
those months at times of inclement weather”. Mr. Hall pointed out that in the master plan there is a statement that is
more specific. “A seasonal emergency shelter or overnight shelter is only permitted from October 16 through April
  15, and only in coordination with and at the request of the City of Topeka. Commissioner Kaup would still like to see
  the phrase “during those months” added to deter any confusion.

  Commissioner Kaup asked about the daycare (that has not been, and is not now in operation), and whether arises
  from the “M2” zoning and is a part of the original PUD. Commissioner Kaup asked If that were to be deleted, and if
  the original PUD would have to be amended. Mr. Hall stated that there could be verbiage in the conditions of
  approval that the daycare could not be permitted.

  Commissioner Pearson stated that the staff report already states that there is no daycare permitted. Commissioner
  Hannon clarified that no daycare center is permitted to operate simultaneously when the crisis center is operating.
  Mr. Hall stated daycare centers are currently allowed when they are accessory to religious assembly.

  Commissioner Hannon asked for clarification on the six beds used for temporary residents, and what the definition
  of “temporary” is. Mr. Hall said the intent is for the homeless population that needs shelter, but there is no
  designated limit. Commissioner Pearson asked Director Friedman about the definition of time in the “unhoused”
  world. Director Friedman said that it is a term that is determined community by community and could be made up of
  the existing resources, but unfortunately no.

  Commissioner Naeger asked about the government interest of the four restrictions that are recommended in the
  staff report. Mr. Hall stated that the compelling interest on the daycare is based on the feedback from the police
  department, which was public safety. As far as the six beds, they need to comply with the building and fire codes in
  terms of zoning. As far as the 20 beds, if that is allowed unrestricted, then that could set a precedent and could
  occur in other neighborhoods.

  Commissioner Pearson asked how many other facilities are zoned to serve homeless on that side of town. Mr. Hall
  stated zero.

  Applicant/Owner Representative:
  Joshua Bielinski, SBB Engineering
  Tina Carter, Open Outreach Ministries

  Commissioner Kaup asked Mr. Bielinski about the starting up the daycare. Mr. Bielinski stated that the daycare
  “language” was included in the original PUD, and the applicant has no concerns about removing that language from
  the PUD.

  Ms. Carter stated that with the money received from the grant, Open Arms bought 20 beds in case the city needed
  to use them. In the last two years, the city has not called yet with a need.

  Ms. Hannon asked about the temporary beds. Ms. Carter stated that it depends as sometime clients are there for a
  couple of months, and then other times for a few weeks. It depends on the services that they are waiting for, but
  there have been people transitioning out and transitioning in.

  City attorney, Mathew Mullen, stated that to remove the childcare issue there would need to be a compelling issue,
  and currently he is not seeing one.

  Commissioner Pearson stated that it could be left on with the understanding that the daycare won’t be utilized,
  because if it gets taken out now, then the commissioners will have to prove it. Mr. Hall asked if the intent was to not
  allow the daycare at all, and Commissioner Pearson stated no.

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

  Discussion by Commissioners:
  Commissioner Kaup would like to propose to replace condition in the staff report to say the applicant should not
  operate a daycare center, and they can add it back in for a future Planning Commission meeting. Mr. Kaup expressed
  concern of mixing the populations of the daycare kids with the homeless. Commissioner Pearson stated, to her
  understanding, that the way it reads currently does not prevent the applicant from coming back in the future. However,
  if the verbiage is removed now then there will have to be a compelling reason and currently there is not one.




 PAGE 2
.18
  Commissioner Brooks stated the argument has already been made about mixing the two populations is not safe for
  the public, and therefore point three exists to assume that by mixing the two populations is not safe for the public.
  Commissioner Brooks agrees with Commissioner Kaup, that even though the two populations are in different wings,
  the daycare population is still not safe. Commissioner Brooks would like to restrict the use of the daycare in the
  facility if the homeless shelter is inside.

  Commissioner Kaup is proposing to “kick the can” down the road, as there is not a daycare center currently being
  proposed. If there is a condition that states there will not be a daycare center, then the applicant can still come back
  and try to change it. At that point, there would be an informed discussion about whether or not there is a safety
  issues between the two populations.

  Commissioner Pearson pointed out that, as it is written right now, the applicant is not prohibited to come back in the
  future to attempt to change anything. If the language is left alone, it is still open to possibilities. If the commissioners
  decide to remove the language, then they are guiding a direction that might not even be necessary, and there is not
  a compelling reason to change it outside of our personal opinions.

  Commissioner Kaup asked about the verbiage” not permitted in any wing”. Mr. Mullen stated, the way he reads it,
  that if there is a crisis center operating in one wing, then the daycare center can not also operate in that same wing.
  Mr. Hall stated the applicant does not want to operate a daycare, and they haven’t operated one. They do want to
  operate the homeless residence. If you have a statement on master plan that has the text in it, then they can come
  back with an amendment.

  Commissioner Naeger asked about the clarification of the current language. If there is a crisis center in wing A, then
  there can’t be a daycare center in wing A. Mr. Hall stated that assumption is correct. Commissioner Kaup stated just
  because there are separate “wings” in the building doesn’t mean that the populations are separated in the parking
  lot or hallway.

  Commissioner Brooks stated he would like to propose the use of the day care center. Director Friedman stated that
  there are other shelters that operate as a day care center during the day. Sometimes those populations are not
  exclusive of each other, as sometimes there are families and having the option for daycare during the day could be
  some thought for the future.

  Mr. Mullen stated that staff recommendation three addresses the public safety concern, but asked if it is written to
  resolve the issue in the most least restrictive way? Commissioner Naeger stated that is what he finds the most
  compelling, as this is a government interest that needs to be acted on, but also going about achieving the interest in
  the least restrictive way.

  Commissioner Brooks asked if the wings of the building could be clarified? Mr. Hall stated that the wings on the
  master plan are not actually labeled, but one wing is on the east side and one on the west side.




  Motion by Commissioner Naeger, second by Commissioner Nelson to move for approval, as presented in the staff
  report, noting the revision on recommendation three which clarifies the crisis center and the daycare center cannot
  be in the same wing, and each wing must be labeled “East” and “West”. Approved 7-0-1




 PAGE 3
.18
 MASTER PLANNED UNIT DEVELOPMENT BOOK PAGE
 PARADISE PROVIDENCE PLACE REVISION NO. 2 DATE TIME




 JEM 1/3/2025 Planning Commission comments
 Description


 Date



 Rev. By 1




 Open Arms Ministries, Inc.


 2202 SW Moundview Drive
 Filed for record in the office of The Shawnee County Register of Deeds this day of , 2025, at
Area "B" Description: Signage Notes: o'clock m.
Lots 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, 23 and 25, Block 8 1. Permitted signage shall be limited to a maximum of two (2) signs consisting of either two (2) monument signs or one (1)
AND monument sign and one (1) wall sign, only one of which may be internally illuminated with the size of the illuminated portion of
Lots 2, 4, 6, 8, 10, 12, 14, 16, 18, 20, 22, 24, 26, 28, 30, 32 and 34, Block 8, ALL in the Bell View Addition, City of Topeka, Shawnee the sign not to exceed 25 square feet in area. Monument signage shall be limited to a maximum sign area of 40 square feet and


 Topeka, Kansas 66614
County, Kansas. not more than 5 feet in height. Wall signage shall be limited to a flat wall mounted sign on the face of the building not exceeding
ALSO a maximum sign area of 40 square feet. Monument signage may be located at the entrance to the development or at street
All the West Half of vacated Bellview Avenue adjacent to said Lots 1 through 25 odd, Block 8 in said Bell View Addition. intersections.



 PREPARED FOR:
ALSO 2. Signs must be approved by separate sign permit application(s).
All of vacated alley running North and South between Lots 1 through 26 and all of said Alley adjacent to Lots 28 through 34 in Block Rebecca J. Nioce, Register of Deeds
8, Bell View Addition, City of Topeka, Shawnee County, Kansas. 3. TMC 18, Division 2 Signs governs all other signs unless specifically stated herein.


Project Performance Objectives: Landscaping Notes:
Revision #2 to the master plan will allow the existing Religious Assembly use to operate a Crisis Center Type II in conjunction with and 1. If necessary, a Landscape Plan for the any development in this area must be submitted at the time of Site Plan Review, including
 This Planned Unit Development Master Plan was approved in accordance with the provisions of Chapter 18.190 of the Comprehensive
accessory to the religious assembly use. The Crisis Center will provide food, a seasonal emergency shelter on a temporary and point values, types, quantities as determined by The City of Topeka's Landscape Regulations TMC 18.235 and as stated herein,
 Zoning Regulations of the City of Topeka, Shawnee County, Kansas. The Plan may only be amended as set out in TMC 18.190.070, or
transient basis, clothing, training and human and social services to people in need within the community; and to become integrated must be approved by The Planning Director at the time of site development for any new improvements, including TMC 18.235.070
 as prescribed in the resolution that created the Planned Unit Development, or as may subsequently be approved, amended, and
with the adjacent residential community where the majority of the units are reserved for senior adults, living in one- and two-bedroom regarding additional points for the removal of existing significant trees. Landscaping must be provided and emphasized along
 recorded.
duplexes. visible street frontages and Interstate 70.
 2. If necessary, the care, maintenance and ownership parking areas, utilities, access ways, fencing and landscaping shall be the
 responsibility of the owner(s). All landscaping must be installed pursuant to the schedule and properly maintained. If any portion of
General Notes: the landscaped material dies, it must be replaced by the next planting season.
 1. The Owner/Applicant shall provide The Planning Department A PUD Master Plan suitable for recording with The Shawnee County
 Register of Deeds in accordance with TMC 18.190.060(B). The owner shall follow the same schedule for Minor Amendments. OWNER'S CERTIFICATE:
 Open Arms Outreach Ministries, Inc, and all future assigns, agree to comply with the conditions and restrictions of the PUD named
 2. All restrictions set forth by Paradise Providence Place master PUD Plan as recorded in Book 45 Page 13 on October 31, 2007 Building and Structure Notes: PARADISE PROVIDENCE PLACE REVISION NO. and 2the PUD Master Plan.




 SBB Engineering, LLC
 shall remain in effect unless stated otherwise on this amendment. 1. The existing building in Area "B" is approximately a 33,500 sf single story structure, used for Religious Services in the sanctuary,
 3. All applicable base zoning regulations shall apply unless stated otherwise on this plan. Administrative Offices, Food Pantry – for public, Clothing Pantry – for public, Residence for two (2) Caretakers, Temporary
 Residence for up to six (6) people, and Emergency overnight shelter for up to twenty (20) people. All residences share a single IN TESTIMONY WHEREOF, the owner, Open Arms Outreach Ministries, Inc, a Kansas Corporation, have caused these presents to be
 4. Interior rooms and uses shown on this graphic is for informational purposes only.
 kitchen and have a common living and restroom space. signed this day of , 2025 gniyevrus·
 2. All residential uses, food and clothing pantry, and any associated accessory uses shall comply with applicable City of Topeka
Utility Notes: Building and Life Safety Codes.
 1. Property owners shall be admonished from placing any permanent or semi-permanent obstruction in permanent sewer, drainage or 3. A Crisis Center Type II and any other residential use is limited to the West wing of the building. A day care center is limited to Tina Carter
 utility easements. This includes, but is not limited to, trees, shrubs, fences, retaining walls, buildings or other miscellaneous the East wing of the building.
 obstructions that interfere with access or egress of maintenance vehicles or equipment for the operation and maintenance of the
 mln
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 ot
 eevedetis·
 STATE OF KANSAS
 utilities or pipe lines located in the easement. Any permanent or semi-permanent obstruction located in the permanent sewer or COUNTY OF SHAWNEE, SS:
 utility easement may be removed by personnel representing the governing body, to provide for the proper operation and Floodplain Note: eu
 nvAsasn
 KahtuS1
 o0
 maintenance of that utility line, without cost or obligation for replacement, cost of removal, and/or replacement shall be the Be it remembered that on this day of , 2025, before me, the undersigned, a notary public in and for the 6
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 According to "FIRM" Map Community Panel Number(s) 20177C0217E, effective September 29, 2011 this property is in Flood Zone X, County and State aforesaid came Tina Carter, of Open Arms Outreach Ministries, Inc., who is personally known to me to
 responsibility of the property owner.

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 area of minimal flood hazard. be the same person who executed, the within instrument of writing.
 2. Water service shall be provided by City of Topeka Water Department. n
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 psn
 art
 3. Sanitary Sewer service shall be provided by City of Topeka Public Sanitary Sewer system. Project Program: IN WITNESS WHEREOF: I have hereunto set my hand and affixed my notarial seal the day and year last written above.
 4. If necessary, all fire hydrant locations and required turnarounds shall be approved by The City of Topeka Fire Department as part Total Area: 7.00 Acres, more or less
 of the improvement plans prior to the start of construction.
 Area "A" Description:Lot 1, Block 'A', Ybarra Place Subdivision, City of Topeka, Shawnee County, Kansas.
 Area "A": 3.13 Acres M/L Notary Public My Commission Expires
Circulation, Parking Traffic and Maintenance of Improvements Notes:
 Existing Structures:There are 15 Duplexes within this area.
 1. All drives, lanes, and privately owned access ways providing accessibility to structures, buildings, and uses within the planned unit
 development shall be considered and serve as mutual rights of access for owners, tenants, invited guests, clients, customers, Proposed Structures:There are no modifications to Area "A" with this revision.
 supports and utility service personnel and emergency service providers, including law enforcement, fire protection, and ambulance Zoning Use Group:Refer to the Master Planned Unit Development Paradise Providence Place Revision No. 1, recorded in
 services. All access ways providing general accessibility to, and circulation among, the uses within the planned unit development Book 54, Page 60 at The Shawnee County Register of Deeds Office.
 shall be maintained at all times in good serviceable condition with the maintenance of said access ways being the responsibility of
 the owner(s). CERTIFICATION OF MASTER PUD PLAN APPROVAL:
 2. A 40-foot sight triangle shall be maintained at all entrances, with no obstructions over 30 inches above grade within this area.




 MASTER PLANNED UNIT DEVELOPMENT
 3. Area B shall retain the location of the existing access points onto SE 11th Street, one lying 70 feet East of the East Right-of-Way Area "B": 2.83 Acres M/L
 for SE Long Street, and the other aligning with the SE Bellview Avenue Right-of-way. When necessary, a new access point onto Existing Structure:Approximately 33,500 sf Single Story Structure
 SE Long Street shall replace the existing access located near the South property boundary. Said proposed access point shall be Dan Warner, AICP Planning Director Date
 located North of the South line of Lot 34, Block 8, Bell View Addition. Proposed Structure:There are no proposed structures with this revision.
 4. A Joint Use Area between the owners of Area "A" and Area "B" has been recorded at The Shawnee County Register of Deeds Zoning Use Group:M-2 plus the addition of a Crisis Center Type II STATE OF KANSAS
 Office on Document 2018R16655. Permitted Uses:Community Center and Day Care Center Type II; OR Religious Assembly; and Crises Center Type II along COUNTY OF SHAWNEE, SS:
 5. If necessary, any new drives, parking areas, approaches and/or walks shall be constructed to The City of Topeka Standards. with a Day Care Center Type II, operated in association with and accessory to the religious assembly. Be it remembered that on this day of , 2025, before me, the undersigned, a notary public in and for the
 The Crisis Center Type II includes a temporary residence for a maximum of six (6) individuals until said


 Open Arms Ministries, Inc.
 County and State aforesaid came Dan Warner, who is personally known to me to be the same person who executed, the within
 individuals are able to secure employment; and a place of residence, a seasonal emergency overnight instrument of writing.
 shelter (24 hour) for a maximum of twenty (20) additional persons. The seasonal emergency overnight
 shelter is only permitted from October 16-April 15 and only in coordination with and at the request of the
 City of Topeka. In addition to the aforementioned uses, a caretaker’s residence for up to two (2) IN WITNESS WHEREOF: I have hereunto set my hand and affixed my notarial seal the day and year last written above.
 caretakers and/or security staff is permitted on a full-time basis and a food and clothing bank are allowed


 2401 SE 11th Street
 as part of the Crisis Center Type II.
 Additional Notes:All activities associated with meal preparation and service and merchandise and food distribution shall be




 PARADISE PROVIDENCE PLACE REVISION NO. 2
 interior to the building. Notary Public My Commission Expires




 Topeka, Kansas 66607




 PROJECT LOCATION:
 SHEET TITLE:

 SBB Proj. No.: 17-185-1
 Drawn by: JEM
 Checked by: PLL
 Date: 11/01/2024
 Drawing No.:

 Sh. 1 of2
 MASTER PLANNED UNIT DEVELOPMENT BOOK PAGE
 PARADISE PROVIDENCE PLACE REVISION NO. 2 DATE TIME




 JEM 1/3/2025 Planning Commission comments
 N Description


 Date



 Rev. By
 Scale: 1" =30'
 SE 11th Street 1
 0 30'




 N88°53'19"E 299.45' Open Arms Ministries, Inc.
 19.50' Storm Water Management
 17.00' Easement (by plat)



 2202 SW Moundview Drive
 1
 2



 Room 6 Classroom 3
 Existing Duplex


 Topeka, Kansas 66614
 4
 Existing Duplex Existing Duplex
 Offices Existing Duplex
 Recreational Room




 PREPARED FOR:
 5
 Food Bank 6
 Classroom Rest
 Room 5 Room
 8
 CK
 8 7

 Joint Use Area
 BLO
 Rest
 Food Bank Rest Rest Classroom Room
 t~
 Room Room SE Legacy Lane alt P a vemen
 t~ ph
 Ex. As
 (Doc. 2018R16655)
 alt P avemen 9 (Private) ~
 10
 ~ Ex. Asph
 2 Hour Separation
 Storage
 Kitchen/Dining
 Administration Offices Utility Room

 S00°13'48"E 330.05' RE




 SE Golden Avenue
 Library 11
 12
 Storage SID AR
 EN EA
 Formerly SE Bellview Ave Vacated




 SBB Engineering, LLC
 CH Rest TIA "A
 Room 4 UR Kitchen Room LH "
 CH 14 13 Ord. 10696 Bk. 1483, Pg. 609 OU Existing Duplex
 Existing Duplex Storm Water
 PL S gniyevrus·
 US & Res. No. 1265 Bk. 1658, Pg. 648 Management IN
 G
 Clothing Bank Easement
 DA
 YC AR Retained As Utility Easement
 (by plat)
 Room 3
 16
 AR EA 15
 E F "B"
 AC



 N00°15'41"W 434.94'
 Room 2 ILI mln
 p
 ot
 eevedetis·
 TY eu
 nvAsasn
 KahtuS1
 o0
 AN 17 30' Ingress-Egress &




 SE Legacy Street
 18 6
 03sasn
 Ka ,a
 kep
 oT
 Room 1 D Utility Easement




SE Long Street
 Sanctuary CR
 m.gn
 oc ebs
 ww.w
 /8
 6
 3
 0-2
 15)7
 85( :P
 h
 (by plat)
 ISI
 SC Existing Duplex Existing Duplex n
 oitatro
 psn
 art

 (Private)
 EN 19
 8 20 TE
 CK R
 Studio BLO Existing Duplex

 21
 22




 24
 23
 Waterline Easement SE Memory Lane
 15' )16.Pg,4803.Bk( (Private)

 ~
 ement




 MASTER PLANNED UNIT DEVELOPMENT
 Edge of Ex. Asphalt Pavement (typ) lt P av
 Joint Use Area ha
 26
 25
 ~Ex. Asp
 (Doc. 2018R16655)

 S88°55'13"W 157.04'
 ~
 av ement
 x . A s phalt P 28
 ~ E
 EX. 70' R/W


 Open Arms Ministries, Inc.
 Existing Duplex Existing Duplex




 S00°14'39"E 104.95'
 30

 Existing Duplex


 2401 SE 11th Street
 Existing Duplex
 Existing Duplex Existing Duplex
 32




 PARADISE PROVIDENCE PLACE REVISION NO. 2
 Topeka, Kansas 66607
 33
 BLOCK 7
 34




 PROJECT LOCATION:
 S88°52'40"W 142.20'



 SHEET TITLE:

 SBB Proj. No.: 17-185-1
 Drawn by: JEM
 Checked by: PLL
 Date: 11/01/2024
 Drawing No.:

 Sh. 2 of2
 SE GILMORE AVE
 SE HIGHLAND AVE


 SE REPUBLICAN AVE
 SE 10TH ST SE 10TH ST



 SE 10TH ST



 SE BELLVIEW AVE
  SE BRYAN ST SE POWELL ST



 SE LONG ST
 Subject
 SE 11TH ST Property



 SE POWELL ST SE LEGACY ST
 SE 11TH TER SE LEGACY LN




 SE GOLDEN AVE
 SE
 HI
 GHL
 SE 12TH ST
 SE MEMORY LN AN
 SE GILMORE CT D
 CT



 SE INTERSTATE 70
 HWY
 SE INTERSTATE 70 HWY




 SE LONG ST
 SE 13TH ST


PUD24/16 By: Open Arms Ministries (Paradise Providence Place PUD - Revision #2) ¯
 SE GILMORE AVE
 SE HIGHLAND AVE


 SE REPUBLICAN AVE
 SE 10TH ST SE 10TH ST



 SE 10TH ST



 SE BELLVIEW AVE
  SE BRYAN ST SE POWELL ST



 SE LONG ST
 Subject
 SE 11TH ST Property M-2



 SE POWELL ST SE LEGACY ST
 SE 11TH TER SE LEGACY LN




 SE GOLDEN AVE
 SE
 M-2 HI
 GHL
 SE 12TH ST
 SE MEMORY LN AN
 SE GILMORE CT D
 CT



 SE INTERSTATE 70
 HWY
 SE INTERSTATE 70 HWY




 SE LONG ST City of Topeka
 SE 13TH ST


PUD24/16 By: Open Arms Ministries (Paradise Providence Place PUD - Revision #2) ¯
From: Kelvin Johnson
Sent: Tuesday, November 19, 2024 1:26 PM
To: Ann-Marie Driver
Subject: RE: PUD24/16 Paradise Providence Place Revision #2 (2401 SE 11th St.)

Based on what I can see in the plans that are attached, I have a few questions, mostly revolving around
the daycare. This is a high-crime area, so I would be interested in how the daycare is going to be laid out
and what security measures would be in place to prevent people from walking in and kids from walking
out. Along those same lines, without some good security measures in place, I do not like the idea of the
daycare being in the same building as the crisis center. There are no plans as to how this is going to be
carried out so I can’t say much more than I have a concern on that. These are both resources that the
area could use, but they will need some thought to ensure they are successful.


 LT Kelvin Johnson #397
 Executive Bureau
 Crisis Negotiations Team
 Topeka Police Department
 320 S Kansas Ave Suite #100
 Topeka, KS 66603
 785-368-9528
 kmjohnson@topeka.org



From: Ann-Marie Driver <amdriver@topeka.org>
Sent: Tuesday, November 19, 2024 8:50 AM
To: Kelvin Johnson <kmjohnson@Topeka.org>
Subject: FW: PUD24/16 Paradise Providence Place Revision #2 (2401 SE 11th St.)

Lt. Johnson,

I am forwarding you a item for review if you haven’t already reviewed this yet in City Works.
Please see the attached submittal and application. The applicant has made an application to
rezone their property to accommodate a crises center as an emergency shelter for homeless
individuals. If you have any concerns or questions, pleased feel free to reach out to myself at
the number below.

Thank you,

Ann-Marie Driver, AICP
Land Use Planner II
City of Topeka Planning Division
620 SE Madison 3rd Floor
Direct: 785-368-3010
Email: amdriver@topeka.org
From: Amanda Tituana-Feijoo <atfeijoo@topeka.org>
Sent: Tuesday, November 5, 2024 11:11 AM
To: Bob Nugent - TMTA <rnugent@topekametro.org>; Jessica Moberly <jmoberly@topekametro.org>;
steve.bauman@snco.us; Daniel Chase ATT <dc2553@att.com>; Ezra Brown AT&T <eb409q@att.com>;
Anna Frizell <anna.frizell@onegas.com>; Ryan Browning <ryan.browning@onegas.com>; Ryan Olson -
Onegas <ryan.olson@onegas.com>; Glenn Calhoon <glenn.calhoon@cox.com>; Evergy Group
<DesignGroupTopeka@evergy.com>; Steve Baalman <Steve.Baalman@ks.gov>;
janelle.phillips@kda.ks.gov; Joni Thadani (joni.thadani@snco.us) <joni.thadani@snco.us>; Curt Niehaus -
SNCO Pwks <curt.niehaus@snco.us>
Cc: Ann-Marie Driver <amdriver@topeka.org>
Subject: PUD24/16 Paradise Providence Place Revision #2 (2401 SE 11th St.)

Good morning,

Attached you will find documents that need to be reviewed. Please have all comments to
Ann-Marie by November 19, 2024.


Here's the attachment as a link for your review:
OwnerAuthorization - signed.pdf
Add your comments and collaborate with others in real time. You don't need to download Acrobat or
sign up to access the file.


Here's the attachment as a link for your review:
Open Arms PUD07-5B vicinity map 200ft (1).pdf
Add your comments and collaborate with others in real time. You don't need to download Acrobat or
sign up to access the file.


Here's the attachment as a link for your review:
241101 17-185-1 PUD Rev.2 (1).pdf
Add your comments and collaborate with others in real time. You don't need to download Acrobat or
sign up to access the file.

Thanks,
Amanda Tituana-Feijoo
620 SE Madison, 3rd Floor, Unit 11
Topeka, Ks 66607
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 January 21, 2025


DATE: January 21, 2025
CONTACT PERSON: Rhiannon Friedman, DOCUMENT #:
 Planning and
 Development Director
SECOND PARTY/SUBJECT: Gen III Construction PROJECT #:
 and Development LLC
CATEGORY/SUBCATEGORY 020 Resolutions / 005 Miscellaneous
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

FUNDING AGREEMENT between Gen III Construction and Development, LLC and the City of Topeka,
Kansas.

RESOLUTION introduced by City Manager Dr. Robert M. Perez providing notice that the City is
considering establishing a Reinvestment Housing Incentive District (“RHID”) for the Sherwood Village
Park; adopting a plan for the development of housing and public facilities in the proposed RHID; and
establishing the date and time of a public hearing.

Voting Requirement: Action requires at least six (6) votes of the Governing Body.
(If the funding agreement is approved the developer will pay the City sufficient moneys to cover the City's cost
in analyzing and effecting the districts creation. Approval of the resolution would set a public hearing date of
February 11, 2025, to entertain public comment.)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to follow state law and set a Public Hearing to consider the establishment of a reinvestment housing
incentive district ("RHID") for Sherwood Village Park and approve the attached Funding Agreement.
STAFF RECOMMENDATION:
Staff recommends the Governing Body approve the Resolution setting the Public Hearing and approve the
attached Funding Agreement
BACKGROUND:
Gen III Construction, LLC has applied for reinvestment housing incentives pursuant to the Reinvestment Housing
Incentive District Act, K.S.A. 12-5241 et seq. The Secretary of Commerce has authorized the City to proceed
with considering the establishment of the RHID and adopting a plan for housing facilities.

The next step in the process is to set a public hearing to consider public comment, publish a hearing notice in the
Topeka Metro Newspaper and notify the Shawnee County Commission and the Board of Education of USD 437.
The public hearing will be on February 11th, 2025.

Additionally, staff is seeking approval of the proposed Funding Agreement for the Sherwood Village Park RHID.
If approved, the developer will pay the City sufficient moneys to cover the City's cost in analyzing and effecting
the districts creation.
BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Funding agreement with developer will serve as the funding source to evaluate the proposed RHID project

ATTACHMENTS:
Description
Sherwood Village Park RHID Funding Agreement
Resolution Setting Public Hearing - Sherwood Village Park
9452 - COT RHID Policy
Sherwood Village Park RHID - Housing Dev. Plan
KS DOC Approval of District Creation
Resolution 9527 - Requesting KDOC Approval
Sherwood Village Park RHID - District Creation Application
 1 (Published in the Topeka Metro News __________________)
 2
 3 RESOLUTION NO. ________
 4
 5 A RESOLUTION introduced by City Manager Dr. Robert M. Perez providing notice that
 6 the City is considering establishing a Reinvestment Housing Incentive
 7 District (“RHID”) for the Sherwood Village Park; adopting a plan for the
 8 development of housing and public facilities in the proposed RHID;
 9 and establishing the date and time of a public hearing.
10
11 WHEREAS, on May 30, 2024, the Kansas Secretary of Commerce determined that

12 the findings by the Governing Body articulated in Resolution No. 9527 meet the

13 requirements of K.S.A. 12-5244(c) and that the Governing Body may proceed with

14 establishing the RHID; and

15 WHEREAS, the City has prepared a plan for the development of housing and public

16 facilities in the proposed RHID in accordance with the provisions of the Kansas

17 Reinvestment Housing Incentive District Act, K.S.A. 12-5241 et seq.

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

19 CITY OF TOPEKA, KANSAS, that:

20 Section 1. Establishment of the Sherwood Village Park RHID. Pursuant to K.S.A.

21 12-5245(a), the proposed RHID will be established within the boundaries of the real estate

22 legally described and attached in Exhibit A. A map depicting the existing parcels of real

23 estate in the proposed RHID is attached as Exhibit B. A list of the existing assessed

24 valuation of the real estate in the proposed RHID and the names and addresses of the

25 owners of record of all the real estate parcels within the proposed RHID is attached as

26 Exhibit C.

27 Section 2. Proposed Plan (“Plan”). The Governing Body further declares its intent

28 to adopt the Plan that is filed in the office of the City Clerk and available for public




 RES/Set PH for Sherwood Village Park RHID 1/6/25 1
29 inspection during normal business hours. A description of the housing and public facilities

30 project proposed to be constructed is attached as Exhibit D. A summary of the contractual

31 assurances by the developer and the comprehensive feasibility analysis are attached as

32 Exhibit E.

33 Section 3. Funding Agreement. Pursuant to the RHID Policy adopted in Resolution

34 No. 9379, the Governing Body has considered the funding agreement that requires the

35 developer to reimburse the City for the costs in analyzing and effecting the RHID’s creation.

36 Section 4. Public Hearing. Notice is hereby given that a public hearing will be held

37 to consider the establishment of the Sherwood Village Park RHID and adoption of the Plan.

38 The hearing will take place in the City Council Chambers, 214 SE 8th Street, Topeka,

39 Kansas, at 6:00 p.m. on February 11, 2025. Members of the public are invited to review

40 the Plan and comment at the public hearing. At the conclusion of the public hearing, the

41 Governing Body may establish the RHID and adopt the Plan.

42 Section 5. Publication; Notification to Entities. The City Clerk is directed to publish

43 this resolution, including the exhibits, one time in the Topeka Metro News not less than one

44 week or more than two weeks preceding the date of the public hearing. The City Clerk is

45 also directed to deliver a certified copy of this resolution to: (a) the City Planning

46 Commission; (b) the Board of Education of USD 437; and the Board of Commissioners for

47 Shawnee County.

48 Section 6. Effective Date. This resolution shall take effect after its adoption by the

49 Governing Body.

50




 RES/Set PH for Sherwood Village Park RHID 1/6/25 2
51 ADOPTED and APPROVED by the Governing Body on ________________.
52 CITY OF TOPEKA, KANSAS
53
54
55
56
57 Michael A. Padilla, Mayor
58
59 ATTEST:
60
61
62
63 ______________________________
64 Brenda Younger, City Clerk




 RES/Set PH for Sherwood Village Park RHID 1/6/25 3
 EXHIBIT A
 (Legal Description)

All of Lot 1, 2, and 3 of Block "B" in Sherwood Professional Park, FKA Crestridge
Square Subdivision No.2 In the City of Topeka, Shawnee, County Kansas.
 EXHIBIT B
(Map; Existing Parcels in Proposed RHID)
 EXHIBIT C
 (Parcels of Proposed District)



 Land
 Parcel ID Owner Owner Address (Assessed)

 SHERWOOD 2858 SW VILLA
1441701001006010 WEST DR,
 OFFICE PARK TOPEKA KS $89,990
Block B, Lots 1, 2, 3
 2016 LLC 66614
 EXHIBIT D
 (Description of Housing; Public Facilities)

The Sherwood Village Park will consist of 10 duplexes, equaling 20 units total. Gen III
intends to develop and rent these 20 units. The residences will be approximately 1400 sf
between consisting of one floor plan, featuring 3 bedroom, 3 bath with a double car garage.
 EXHIBIT E
 (Contractual Assurances; Feasibility Analysis)

The Governing Body will enter into a development agreement with the developer. This
agreement will include the project construction schedule, a description of the project and
the financial obligations of the developer and financial and administrative support from the
City.

The City’s financial advisor has prepared a financial analysis that is available in the City
Clerk’s office. The financial advisor has determined that, pursuant to K.S.A. 12-5245(a)(7)
and based upon a review of information provided by the developer, the Plan’s benefits and
RHID revenue and other available revenues are expected to exceed or be sufficient to pay
for the Plan’s project costs.
DocuSign Envelope ID: 3CB59550-3EEE-45A0-841F-030C97251A6B




 Department of Commerce Phone: (785) 296-3481
 1000 S.W. Jackson St., Suite 100 Fax: (785) 296-5055
 Topeka, KS 66612-1354 KansasCommerce.gov
 David C. Toland, Secretary Laura Kelly, Governor


 May 30, 2024

 Rhiannon Friedman
 Planning and Development Director
 214 SE 8th Street
 Topeka, KS 66603

 RE: Request for Approval of Reinvestment Housing Incentive District - Sherwood Professional
 Park Subdivision in Topeka, Kansas

 Dear Ms. Friedman:

 This will acknowledge receipt of the City of Topeka’s application received May 16, related to
 participation in the Kansas Reinvestment Housing Incentive District Act.

 I have reviewed Resolution No. 9527 as passed by the governing body and submitted to the
 Kansas Department of Commerce (Commerce) pursuant to the Reinvestment Housing Incentive
 District Act found at K.S.A. 12-5244 et seq. I have further reviewed the 2020 Housing Needs
 Analysis (Analysis) prepared by the City and upon which the resolution was based. The process
 of establishing a Reinvestment Housing Incentive District requires the Analysis to summarize
 and determine the nature and extent of housing needs within the community. The Analysis must
 then be adopted by the governing body and is subject to the review and approval of the Secretary
 of Commerce. The Act sets out four findings and determinations which must be included in the
 Analysis and adopted by the City.

 Based on my review of the original application material and supplemental information provided
 by the City of Topeka, I hereby agree with and approve the findings set forth in the resolution
 passed by the City of Topeka to wit:

 1. There is a shortage of quality housing, including affordable single family and multi-family
 apartment units, at various price ranges in the City of Topeka despite the best efforts of public
 and private housing developers;

 2. The shortage of quality housing can be expected to persist and that additional financial
 incentives are necessary in order to encourage the private sector to construct or renovate housing
 development in the City of Topeka.

 3. The shortage of quality housing is a substantial deterrent to the future economic growth and
 development of the City of Topeka; and
DocuSign Envelope ID: 3CB59550-3EEE-45A0-841F-030C97251A6B




 4. The future economic well-being of the City of Topeka depends on the governing body
 providing additional incentives for the construction or renovation of quality housing in the City
 of Topeka.

 Commerce believes the Analysis and findings by the governing body of the City of Topeka meet
 the requirements set forth in K.S.A. 12-5244(a) and this constitutes the approval required by
 K.S.A. 12-5244(c) for the District as detailed in Resolution No. 9527. The application for
 approval of the findings required for the establishment of the Reinvestment Housing Incentive
 Districts as set forth in the application is hereby approved. This approval is predicated solely
 upon the information and data received from the City of Topeka.

 If you have any questions regarding this matter, please let me know.

 Sincerely,



 David C. Toland
 Lt. Governor and Secretary

 cc: Ryan Vincent (KHRC)
 Robert North
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 January 21, 2025


DATE: January 21, 2025
CONTACT PERSON: Rhiannon Friedman, DOCUMENT #:
 Planning and
 Development Director
SECOND PARTY/SUBJECT: Union Development PROJECT #:
 Holdings, LLC
CATEGORY/SUBCATEGORY 020 Resolutions / 005 Miscellaneous
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

FUNDING AGREEMENT between Union Development Holdings, LLC and the City of Topeka, Kansas.

RESOLUTION introduced by City Manager Dr. Robert M. Perez providing notice that the City is
considering establishing a Reinvestment Housing Incentive District (“RHID”) for the Union at Tower
District; adopting a plan for the development of housing and public facilities in the proposed RHID; and
establishing the date and time of a public hearing. Voting Requirement: Action requires at least six (6)
votes of the Governing Body.

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

(If the funding agreement is approved, the developer will pay the City sufficient moneys to cover the City's cost
in analyzing and effecting the districts creation. Approval of the resolution would set a public hearing date for
February 18, 2025, to entertain public comment.)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to follow state law and set a Public Hearing to consider the establishment of a reinvestment housing
incentive district ("RHID") for Union at Tower District and approve the attached Funding Agreement.
STAFF RECOMMENDATION:
Staff recommends the Governing Body approve the Resolution setting the Public Hearing and approve the
attached Funding Agreement
BACKGROUND:
Union Development Holdings, LLC has applied for reinvestment housing incentives pursuant to the Reinvestment
Housing Incentive District Act, K.S.A. 12-5241 et seq. The Secretary of Commerce has authorized the City to
proceed with considering the establishment of the RHID and adopting a plan for housing facilities.

The next step in the process is to set a public hearing to consider public comment, publish a hearing notice in the
Topeka Metro Newspaper and notify the Shawnee County Commission and the Board of Education of USD 501.

The public hearing will be on February 11th, 2025.
Additionally staff is seeking approval of the proposed Funding Agreement for the Union at Tower District RHID. If
approved, the developer will pay the City sufficient moneys to cover the City's cost in analyzing and effecting the
districts creation.
BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Funding agreement with developer will serve as the funding source to evaluate the proposed RHID project.

ATTACHMENTS:
Description
Union at Tower District RHID Funding Agreement
Resolution Setting Public Hearing - Union at Tower District RHID
9452 - COT RHID Policy
Union at Tower District RHID - Housing Dev. Plan (1/2)
Union at Tower District RHID - Housing Dev. Plan (2/2)
KS DOC Approval of District Creation
Resolution 9570 RHID District Creation
Union at Tower District RHID - District Creation Application
 City of Topeka Contract No. ________
 FUNDING AGREEMENT


THIS FUNDING AGREEMENT (the “Agreement”) is entered into this ____ day of
______________, 2025, between Union Development Holdings, LLC (the “Applicant”), and the
City of Topeka, Kansas (the “City”).

 RECITALS

A. The City is a municipal corporation and political subdivision duly organized and existing
 under the laws of the State of Kansas and authorized by certain statutory provisions to
 provide financial incentives for qualified development projects. The principal office of the
 City is located at City Hall, 215 SE 7th Street, Topeka, Kansas, 66603.

B. The Applicant is a Kansas corporation and the owner of certain real property generally
 located in the area bound by SW 11th Street, SE Monroe Street, SW 12th Street and SE
 Quincy Street (“Site”).

C. The Applicant has requested that the City review and analyze Applicant’s request (the
 “Request”) to consider the use of certain financial incentives for economic development
 projects on the Site.

D. In order to grant the Applicant’s Request, the City will incur expenses in the form of: (1)
 outside legal, fiscal and/or planning consultants; and (2) direct out-of-pocket expenses and
 other costs resulting from services rendered to the Applicant to review, evaluate, process
 and consider the Request.

E. The City does not have a source of funds to finance the expenses referenced above and,
 therefore, requires that the Applicant pay, and/or reimburse the City for the payment of,
 such expenses; provided the costs are reasonable and incurred in a cost-efficient manner.
 The Applicant will be required to deposit funds with the City as described in Section 4 of
 this Agreement, which will be used by the City to pay for any actual out-of-pocket expenses
 necessary to perform a full evaluation of the Request (to include engaging consultants, as
 needed, for such evaluation) and to provide services described in Section 2 of this
 Agreement.

F. By execution of this Agreement, the Applicant is asking the City to retain outside counsel
 and/or consultants in order to evaluate, consider and, if approved, to implement the
 Request.




Funding Agmt (Union at Tower District RHID)
1/3/2024 1
 NOW, THEREFORE, in consideration of the premises and the mutual covenants and
agreements hereinafter expressed, the parties mutually agree as follows:

1. Recitals.

 The recitals set forth above are hereby incorporated as though more fully set forth herein.

2. Services to be performed by the City.

 The City shall retain outside counsel and consultants, which will cause it to incur expenses
reasonably necessary to:

 (a) Consider the Applicant’s Request for use of economic development incentive tools
permitted by Kansas Statute (“Incentives”), including but not limited to, tax increment financing,
reinvestment housing incentives, community improvement district financing and industrial
revenue bond financing.

 (b) If approved by the Governing Body, permit the use of any of the requested
Incentives for the project at the Site; establish the appropriate districts; give all appropriate notices;
make all publications; prepare or review any relevant plans, studies and/or analyses necessary and
appropriate in connection with the establishment of the district(s) and/or use of the Incentives;
hold all hearings; prepare the required resolutions and ordinances; and take any further action
required to comply with Kansas Statutes.

 (c) If approved by the Governing Body, negotiate and draft a development agreement
between the parties for use of any Incentives at the Site.

 (d) If approved by the Governing Body, implement the various aspects of the Request.
 Note that in the event industrial revenue bonds are issued in connection with this project,
bond counsel fees shall not be included as part of the costs anticipated in connection with this
Funding Agreement.

3. Projected Consultants.

 As of the date of execution of this Funding Agreement, the City anticipates the consultants
and/or counsel who will incur fees under this Agreement are as follows:

 Columbia Capital Management, LLC
 Gilmore & Bell

4. Payment.

 The Applicant shall pay the City for all reasonable charges for the City’s outside counsel,
consultant and staff time in providing the services set forth in Section 2 (the “Charges”), subject
to the following conditions:



Funding Agmt (Union at Tower District RHID)
1/3/2024 2
 (a) Initial Deposit. In order to ensure the prompt and timely payment of the Charges,
the Applicant shall establish a fund (the “Fund”) by making an initial deposit of Twenty-Five
Thousand Dollars and 00/100 dollars ($25,000.00) to the City contemporaneous with the execution
of this Funding Agreement. The City shall pay all Charges from moneys on deposit in the Fund
(as set forth in Section 5) and shall bill the Applicant pursuant to subsection (b) below to replenish
the Fund pursuant to subsection (c) below to ensure that there is always a cash balance available
from which additional disbursements may be made, as required.

 (b) Itemized Statements. The City shall provide an itemized statement for the City’s
outside counsel, consultant and staff time, other administrative expenses and actual out-of-pocket
expenses necessary to perform its obligations hereunder. Such Fund statements shall be submitted
no more often than monthly.

 (c) Supplementary Funding. Once the initial deposit referenced in subsection (a) above
has been depleted, the Applicant shall pay the City any supplementary amounts set forth on the
itemized statements within thirty (30) days of receipt thereof to sufficiently replenish the Fund. If
supplementary funds are not so received, the unpaid balance shall be subject to a penalty of two
percent (2%) per month until paid, but in no event shall such penalty exceed twenty-four percent
(24%) per annum; and the City shall be relieved of its obligations hereunder until paid or may
terminate this Agreement pursuant to Section 6. The Applicant shall provide any supplementary
funds required in a timely manner so that the services to be performed by the City pursuant to this
Agreement may continue without interruption.

5. Disbursement of Funds.

 (a) The City shall disburse the Funds as reimbursement for costs associated with the
City’s outside counsel, consultant and staff time, as well as other administrative expenses and
actual out-of-pocket expenses in connection with the performance of its obligations under this
Agreement, on or before the thirtieth (30th) day of each month. Upon reasonable notice, the City
shall make its records available for inspection by the Applicant with respect to such disbursements.

 (b) Nothing shall be construed to make any payments disbursed in accord with this
Agreement ineligible to be reimbursed out of Incentive funds if such reimbursement is otherwise
permissible based upon the applicable statute.

6. Termination.

 (a) In the event the Applicant fails to perform any of its obligations herein, the City
may terminate this Agreement, at the City’s sole discretion, upon thirty (30) days written notice
to the Applicant; provided, however, that if the termination is related to a failure on the part of the
Applicant to make any payments, when due, the Applicant may submit a written request for an
opportunity to cure such non-payment prior to the expiration of the 30 day period.

 (b) The Applicant may terminate this Agreement at any time, upon providing ten (10)
days’ written notice to the City, in the event it determines not to continue to pursue the
Funding Agmt (Union at Tower District RHID)
1/3/2024 3
Incentives.

 (c) If either party terminates this Agreement, the City shall apply the balance of the
Fund, if any, to outstanding Charges pursuant to this Agreement and any monies due and owing
to the City pursuant to any other agreement and shall pay the remaining balance, if any, to the
Applicant within thirty (30) days of such termination. In the event the balance of the Fund, if any,
is insufficient to pay the outstanding Charges payable hereunder, the Applicant shall pay such
Charges within thirty (30) days of receipt of a statement from the City of the balance required
to pay such Charges.

6. No obligation to proceed.

 The Applicant acknowledges that the City is not obligated by the execution of this
Agreement to grant any portion of the Request and any and all actions are subject to the discretion
of the Governing Body of the City and the requirements of the applicable statute(s).
 Specifically, the Applicant acknowledges that the City is not obligated by the execution of
this Agreement to establish any districts or approve any plans and acknowledges that the
establishment of any districts and the approval of any plans are subject to the discretion of the
Governing Body of the City and the requirements of the applicable statute(s).

7. Notice.

 Any notice, approval, request or consent required by or asked to be given under this
Agreement shall be deemed to be given if it is in writing and mailed by United States mail, postage
prepaid, or delivered by hand, and addressed as follows:

 To the City:
 Dr. Robert M. Perez
 City Manager
 City Hall, Room 352
 215 SE 7th Street
 Topeka, KS 66603

 With a copy to:
 Amanda Stanley
 City Attorney
 City Hall, Room 353
 215 SE 7th Street
 Topeka, KS 66603

 To the Applicant:
 Union Development Holdings, LLC
 409 Massachusetts Ave, Suite 300
 Indianapolis, IN 46204

 Each party may specify that notice be addressed to any other person or address by giving
 to the other party ten (10) days prior written notice thereof.
Funding Agmt (Union at Tower District RHID)
1/3/2024 4
 1 (Published in the Topeka Metro News __________________)
 2
 3 RESOLUTION NO. ________
 4
 5 A RESOLUTION introduced by City Manager Dr. Robert M. Perez providing notice that
 6 the City is considering establishing a Reinvestment Housing Incentive
 7 District (“RHID”) for the Union at Tower District; adopting a plan for the
 8 development of housing and public facilities in the proposed RHID;
 9 and establishing the date and time of a public hearing.
10
11 WHEREAS, on September 18, 2024, the Kansas Secretary of Commerce

12 determined that the findings by the Governing Body articulated in Resolution No. 9570 meet

13 the requirements of K.S.A. 12-5244(c) and that the Governing Body may proceed with

14 establishing the RHID; and

15 WHEREAS, the City has prepared a plan for the development of housing and public

16 facilities in the proposed RHID in accordance with the provisions of the Kansas

17 Reinvestment Housing Incentive District Act, K.S.A. 12-5241 et seq.

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

19 CITY OF TOPEKA, KANSAS, that:

20 Section 1. Establishment of the Union at Tower District RHID. Pursuant to K.S.A.

21 12-5245(a), the proposed RHID will be established within the boundaries of the real estate

22 legally described and attached in Exhibit A. A map depicting the existing parcels of real

23 estate in the proposed RHID is attached as Exhibit B. A list of the existing assessed

24 valuation of the real estate in the proposed RHID and the names and addresses of the

25 owners of record of all the real estate parcels within the proposed RHID is attached as

26 Exhibit C.

27 Section 2. Proposed Plan (“Plan”). The Governing Body further declares its intent

28 to adopt the Plan that is filed in the office of the City Clerk and available for public




 RES/Set PH for Union at Tower District RHID 1/3/25 1
29 inspection during normal business hours. A description of the housing and public facilities

30 project proposed to be constructed is attached as Exhibit D. A summary of the contractual

31 assurances by the developer and the comprehensive feasibility analysis are attached as

32 Exhibit E.

33 Section 3. Funding Agreement. Pursuant to the RHID Policy adopted in Resolution

34 No. 9379, the Governing Body has considered the funding agreement that requires the

35 developer to reimburse the City for the costs in analyzing and effecting the RHID’s creation.

36 Section 4. Public Hearing. Notice is hereby given that a public hearing will be held

37 to consider the establishment of the Union at Tower District RHID and adoption of the Plan.

38 The hearing will take place in the City Council Chambers, 214 SE 8th Street, Topeka,

39 Kansas, at 6:00 p.m. on February 18, 2025. Members of the public are invited to review

40 the Plan and comment at the public hearing. At the conclusion of the public hearing, the

41 Governing Body may establish the RHID and adopt the Plan.

42 Section 5. Publication; Notification to Entities. The City Clerk is directed to publish

43 this resolution, including the exhibits, one time in the Topeka Metro News not less than one

44 week or more than two weeks preceding the date of the public hearing. The City Clerk is

45 also directed to deliver a certified copy of this resolution to: (a) the City Planning

46 Commission; (b) the Board of Education of USD 501; and the Board of Commissioners for

47 Shawnee County.

48 Section 6. Effective Date. This resolution shall take effect after its adoption by the

49 Governing Body.

50




 RES/Set PH for Union at Tower District RHID 1/3/25 2
51 ADOPTED and APPROVED by the Governing Body on ________________.
52 CITY OF TOPEKA, KANSAS
53
54
55
56
57 Michael A. Padilla, Mayor
58
59 ATTEST:
60
61
62
63 ______________________________
64 Brenda Younger, City Clerk




 RES/Set PH for Union at Tower District RHID 1/3/25 3
 EXHIBIT A
(Legal Description)
 EXHIBIT B
(Map; Existing Parcels in Proposed RHID)
 EXHIBIT C
 (Parcels of Proposed District)
 Land Improvements
 Parcel ID Acres Owner Owner Address
 (Assessed) (Assessed, if any)

 3528 SE CYPRUS
#1330601006001000 .32 KANZAOZ LLC DR TOPEKA,KS $4,343 $1,970
 66607

 3528 SE CYPRUS
#1330601006020000 .13 KANZAOZ LLC DR TOPEKA,KS $563 $315
 66607

 3528 SE CYPRUS
#1330601006019000 .95 KANZAOZ LLC DR TOPEKA,KS $9,030 $1,143
 66607

 3528 SE CYPRUS
#1330601006010000 .25 KANZAOZ LLC DR TOPEKA,KS $1,350 $--
 66607

 3528 SE CYPRUS
#1330601006009000 .13 KANZAOZ LLC DR TOPEKA,KS $205 $--
 66607

 3528 SE CYPRUS
#1330601007006000 1.38 KANZAOZ LLC DR TOPEKA,KS $15,603 $3,730
 66607

 3528 SE CYPRUS
#1330601007010000 .08 KANZAOZ LLC DR TOPEKA,KS $228 $--
 66607

 3528 SE CYPRUS
#1330601006006000 1.02 KANZAOZ LLC DR TOPEKA,KS $18,600 $18,125
 66607

 3528 SE CYPRUS
#1330601007011000 .03 KANZAOZ LLC DR TOPEKA,KS $73 $--
 66607

 3528 SE CYPRUS
#1330601007013000 .07 KANZAOZ LLC DR TOPEKA,KS $102 $--
 66607
 TOTAL 4.36 $50,097 $25,283
 EXHIBIT D
 (Description of Housing; Public Facilities)

The housing project will include the acquisition of real property within the District and the
construction of approximately three buildings including 250 multifamily units. Residents of
these units will enjoy amenities, which include, a community room, on-site leasing,
management, and leasing offices, fitness area, business/computer center, playground, dog
park, outdoor lawn open space, and off-street parking, and public/utility improvements
located within the boundaries of the RHID or otherwise necessary to the project's operation.
 EXHIBIT E
 (Contractual Assurances; Feasibility Analysis)

The Governing Body will enter into a development agreement with the developer. This
agreement will include the project construction schedule, a description of the project and
the financial obligations of the developer and financial and administrative support from the
City.

The City’s financial advisor has prepared a financial analysis that is available in the City
Clerk’s office. The financial advisor has determined that, pursuant to K.S.A. 12-5245(a)(7)
and based upon a review of information provided by the developer, the Plan’s benefits and
RHID revenue and other available revenues are expected to exceed or be sufficient to pay
for the Plan’s project costs.
 EXHIBIT C
 Insert or attach here:


See attached.

The h​ousing ​​ ​ill include the acquisition of real property within the District and the construction of
 project w
approximately three buildings including 250 multifamily units. Residents of these units will enjoy amenities, which
include, a community room, on-site leasing, management, and leasing offices, fitness area, business/computer center,
playground, dog park, outdoor lawn open space, and off-street parking, and public/utility improvements located
within the boundaries of the RHID or otherwise necessary to the project’s operation.




 City of Topeka RHID Housing Development Plan Application 9 RESOLUTION NO. 9379
 5 0 5 10 15 20 25 30 5 0 5 10 15 20 25 30 35 40 45 5 0 5 10 15 20 2 0 2 4 6 8 10 1 0 1 2 3 4 5 1 0 1 2 3 12 0 12 3 0 3 6 9


 SCALE 3/32" = 1'-0" FEET SCALE 1/16" = 1'-0" FEET SCALE 1/8" = 1'-0" FEET SCALE 1/4" = 1'-0" FEET SCALE 1/2" = 1'-0" FEET SCALE 3/4" = 1'-0" FEET SCALE 1-1/2" = 1'-0" INCH SCALE 3" = 1'-0" INCH

6/10/2024 3:36:12 PM




 OHP OHP

 2''W 2''W 2''W 2''W 2''W 2''W 2''W 2''W 2''W 2''W 2''W 2''W WV 6''W
 Concrete Curb (typ) Concrete Curb (typ) 2''W 2''W WV
 Gravel Entrance Drive
 WV
 Sidewalk Ramp W W
 OHP (typ) OHP 4''W
 12''W
 80' R/W(by plat) Concrete Entrance Drive
 Concrete Curb & Gutter (typ)
 UP OHP
 T T T T T T T T T
 T T HH
 Concrete Curb (typ) HHTP T T T T T T T T T
 WM G LP
 LP ~ Grass ~ G ~ Grass ~ G G G 4''W
 T FO T T
 12''W T T T T T
 S72°56'30"E Concrete
 Concrete Sidewalk 150.31'(M) S72°56'30"E
 Pad S72°56'30"E
 Concrete Sidewalk G G G
 OHP G GM Stone Pillar (typ) FO
 150'(P) 31.00'(M&D) 87.31'(M)
 WV OHP GR
 Steps w/ Concrete R Fnd 5/8" Rebar w/ City of Topeka
 Fnd 1" Rebar w/ No ID Cap Landing Concrete Driveway Fnd 5/8" Rebar w/ City of Topeka
 FH Concrete Entrance Drive Engineering ID Cap
 Sanitary Sewer Manhole Engineering ID Cap
 WV
 Rim = 938.39 Porch / / / / / / / / / / / / / / // FO 4''W
 12''W 18.3'
 Inv Out S = 925.54 N17°02'37"E
 G A/C FO
 OHP
 FFE = 941.32 75.04'
 OHP
 215 SE 11th Street
 Two-Story Wood Frame House 36.5'
 Suarez, Inc. (owner)
 S17°02'37"W
 PID: 1330601006003000
 FO
 4''W
 12''W 75.06'
 42.4'
 G
 / / / / / / / / / / / / / / / / / / / / / / / / / / / / /


 EE 4.2'
 / / / FO
 OHP
 6.0'
 / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / /



 Concrete Curb (typ) OHP / / / / / / / / / / / 14.2' / / / / /




 Steps FO
 18" ~ Grass ~ 4''W
 12''W LP G
 UD Hackberry
 UP FO
 Woven Wire Fence
 10"
 S72°58'33"E 32.00'
 Hackberry
 100' R/W(by plat)
 FFE = 940.48 FO
 G
 4''W
 12''W
 FO
 OHP

 Concrete Sidewalk

 FO
 G
 4''W
 12''W FO
 OHP

 100' R/W (by plat)

 G FO

 UP 4''W
 FO
 10" Sanitary Sewer
 12''W


 Fnd 5/8" Rebar w/ No ID Cap
 G FO

 OHP FO 4''W
 12''W



 G
 FO
 Fnd 5/8" Rebar w/ No ID Cap
 N17°02'37"E
 OHP FO
 ~ Grass ~ 4''W
 12''W Fnd 5/8" Rebar w/ No ID Cap 412.28'(M)
 S17°02'37"W
 G S17°03'23"W
 425.13'(M) 425.16'(M) UP FO
 LP 425.00'(P) 425.00'(P) 425.77'(M) 8"
 FO Maple
 OHP N17°01'50"E
 4''W
 12''W
 20' R/W
 G (by plat)
 FO
 OHP

 FO
 OHP
 Boundary Line 4''W
 12''W
 G (typ)

 Concrete Entrance FO
 OHP 8"
 FO Maple City Information Sign
 OHP
 G Sanitary Sewer Manhole 4''W
 UNION AT TOWER DISTRICT
 12''W
 Rim = 933.18 Concrete Curb & Gutter (typ)
 Inv In N = 917.99
 FO
 Inv Out S = 917.89
 OHP
 Concrete Curb & Gutter (typ) FO

 OHP G UP 4''W
 12''W

 FO

 FO
 WM
 OHP G OHP
 4''W
 12''W
 FO Concrete Curb & Gutter (typ)

 FO
 LP Fnd 7/8" Rebar w/ No ID Cap
 G
 OHP (congruent w/ RS3)

 4''W
 12''W
 UP FO
 WM
 OHP 10" Sanitary Sewer
 FO
 ENLARGED SITE PLAN #1
 ~ Grass ~
 G
 Fnd 3/4" Rebar w/
 OHP No ID Cap
 GT 4''W (congruent w/ RS3)
 12''W FO

 FO
 OHP G


 24"
 OHP 59.64'(M) Locust
 59.70'(D) 0.7' 4''W Bicycle Parking
 Storm Sewer Manhole 12''W FO
 N73°09'12"W Trash Can
 Rim = 932.35 N72°58'42"W 90.55'
 OHP
 Inv In N = 928.60 G 150.21'(M) Bus Stop
 N16°56'57"E 13.77'(M) Fnd 7/8" Rebar w/ No ID Cap 90.55'(M) FO
 Inv In ENE = 928.02 150.00'(P) Area Inlet (congruent w/ RS3) 90.30'(D) Owner of gap unknown
 Inv Out W = 926.84 N72°55'40"W Bench
 Top = 928.28 N72°58'42"W
 City of Inv Out SE = 925.78 District Court Case City of Topeka
 Topeka OHP No. 105473 (owner) See Surveyor's Note 12
 OHP (owner) (Tract No. 28) FO 4''W (Sheet No. 1)
 OHP (Bk. 1635,Pg. 107)
 (Bk. 1632, WV
 OHP
 LP OHP Pg. 140)
 P Curb Inlet UP FO
 12" RC OHP FH
 Top = 932.32 UP " OHP
 OHP 12 OHP
 Inv Out WSW = 929.19 OHP OHP
 OHP OHP RC P OHP
 Concrete Curb & Gutter (typ) OHP FO
 LP ~ Grass ~ OHP
 Sanitary Sewer Manhole T OHP
 Concrete Curb & Gutter (typ) FO OHP

 Inv 925.75
 OHP
 105' R/W
 Sidewalk Ramp (typ) OHP
 118' R/W
 OHP 104.3' R/W OHP

 OHP FO
 Concrete Entrance Drive BM 52
 Concrete Curb (typ) Elev. = 926.70 Concrete Curb (typ) OHP
 Concrete Concrete Entrance Drive UP WV
 OHP
 WV
 Fnd 1" Rebar w/ No ID Cap 10" Sanitary Sewer
 OHP WV
 REGA #241032
 Sanitary Sewer Manhole
 Rim = 926.03
 Inv In E = 910.62
 Inv In N = 910.61
 Inv Out S = 910.43
 10" Sanitary Sewer
 OHP
 LP




 MARK
 bvh.com
 ARCHITECT
 V 402 330 2772 1101 N 13TH ST V 402 421 9540 F 402 345 7871 V 402 345 3060
 PROJECT: 24009 UNION AT TOWER eti-engineers.com MEP ENGINEER V (402) 484 7342 CIVIL ENGINEER
 OMAHA, NE 68102 LINCOLN NE 68506 OMAHA NE 68102
 PROJECT STATUS: regaengineering.com LINCOLN, NE 68512 901 JONES STREET
 © COPYRIGHT BVH ARCHITECTURE REGA ENGINEERING BVH ARCHITECTURE
 601 OLD CHENEY RD A
 DATE
 langestructuralgroup.com
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 LANGE STRUCTURAL GROUP
 1919 S 40TH STREET, SUITE 302


 DISTRICT
 REVISIONS SCHEDULE
 DATE: DATE
 ENGINEERING TECHNOLOGIES, INC.



 SCHEMATIC DESIGN
 C1.1 ENLARGED SITE PLAN #1
 DESCRIPTION
 5 0 5 10 15 20 25 30 5 0 5 10 15 20 25 30 35 40 45 5 0 5 10 15 20 2 0 2 4 6 8 10 1 0 1 2 3 4 5 1 0 1 2 3 12 0 12 3 0 3 6 9


 SCALE 3/32" = 1'-0" FEET SCALE 1/16" = 1'-0" FEET SCALE 1/8" = 1'-0" FEET SCALE 1/4" = 1'-0" FEET SCALE 1/2" = 1'-0" FEET SCALE 3/4" = 1'-0" FEET SCALE 1-1/2" = 1'-0" INCH SCALE 3" = 1'-0" INCH

6/10/2024 3:36:12 PM




 UP 8" Sanitary Sewer

 UP Sanitary Sewer Manhole
 WV 6''W 6''W 6''W 6''W 6''W 6''W 6''W 6''W
 OHP OHP OHP OHP OHP Rim = 932.93
 OHP
 Inv Bottom Center = 919.13
 P
 OH

 OHP OHP

 P
 UP UP OH
 Concrete Curb & Gutter (typ)
 80' R/W (by plat)

 UP
 OHP OHP OHP OHP OHP OHP OHP UD
 T T T T T T T T UDT
 H H
 T T T T T T T T T
 GV Concrete Curb & Gutter (typ)
 T T
 GV G G G G G G
 S72°54'02"E
 G G GV 150.19'(M)
 G
 150'(P)
 OHP
 Fnd 5/8" Rebar w/ City of Topeka Fnd 5/8" Rebar w/ City of Topeka
 Fnd 5/8" Rebar w/ No ID Cap
 Engineering ID Cap




 OHP




 Edge of Concrete Alley (typ)

 OHP




 UP




 OHP 8" Sanitary Sewer




 OHP

 100' R/W (by plat)




 OHP




 UP




 OHP


 20' R/W
 (by plat)

 450.40'(M) S17°03'18"W
 450'(P) OHP 450.32'(M)
 N17°02'18"E 450'(P)


 Sanitary Sewer Manhole
 Rim = 930.57
 Inv In N = 922.10
 OHP
 Inv Out S = 921.97
 46"
 Elm Concrete Entrance



 UP
 City Information Sign
 UNION AT TOWER DISTRICT
 Concrete Curb & Gutter (typ)

 OHP




 42"
 Maple
 OHP 8" Sanitary Sewer




 28"
 Concrete Curb & Gutter (typ) Maple
 OHP
 Gravel Entrance
 Fnd 1/2"Ø Pipe w/ No ID Cap
 (congruent w/ RS1)
 UP
 ENLARGED SITE PLAN #2
 28" OHP
 Fnd 3/4" Rebar w/ Elm
 No ID Cap Sanitary Sewer Manhole
 (congruent w/ RS3) Rim = 925.78
 Inv In N = 915.59
 Inv In W = 915.26
 Inv Out S = 915.26
 OHP



 Bicycle Parking
 Trash Can
 Bus Stop
 8" Sanitary Sewer
 OHP


 See Surveyor's Note 12 Fnd 1/2"Ø
 Sanitary Sewer Manhole
 (Sheet No. 1) Pipe w/ No ID Cap
 Rim = 922.42 Sanitary Sewer Manhole
 (congruent w/ RS1)
 Inv Out E = 915.82 Rim = 922.43
 150.06'(M)
 150'(P) Inv In W = 914.84
 N72°55'52"W Inv In N = 914.60
 OHP WM
 Inv Out SSW = 914.58
 UP UP G G G G UP
 OHP Concrete Curb & Gutter (typ) 8" Sanitary Sewer
 OHP
 OHP OHP OHP OHP OHP OHP OHP
 OHP

 OHP
 See Surveyor's Note 12 OHP
 OHP (Sheet No. 1)

 Concrete Curb (typ)
 80' R/W (by plat)

 UP

 UP
 REGA #241032
 Sani
 t a r y Sewe
 r
 8"

 Sanitary Sewer Manhole




 MARK
 bvh.com
 ARCHITECT
 V 402 330 2772 1101 N 13TH ST V 402 421 9540 F 402 345 7871 V 402 345 3060
 PROJECT: 24009 UNION AT TOWER eti-engineers.com MEP ENGINEER V (402) 484 7342 CIVIL ENGINEER
 OMAHA, NE 68102 LINCOLN NE 68506 OMAHA NE 68102
 PROJECT STATUS: regaengineering.com LINCOLN, NE 68512 901 JONES STREET
 © COPYRIGHT BVH ARCHITECTURE REGA ENGINEERING BVH ARCHITECTURE
 601 OLD CHENEY RD A
 DATE
 langestructuralgroup.com
 STRUCTURAL ENGINEER
 LANGE STRUCTURAL GROUP
 1919 S 40TH STREET, SUITE 302


 DISTRICT
 REVISIONS SCHEDULE
 DATE: DATE
 ENGINEERING TECHNOLOGIES, INC.



 SCHEMATIC DESIGN
 C1.2 ENLARGED SITE PLAN #2
 DESCRIPTION
9
 5 1
 INCH 3
 A3.1-A 1 A3.1-C
 A4.1-A
 134'-4" A3.1-B
6
 CR

 F F




 UP ELEC
3 FITNESS B104 ARCHITECT



 SHAFT SPACE
 3" = 1'-0"
 A123 UNIT 1B UNIT 1B STAIR UNIT 3A 2 BVH ARCHITECTURE
 T UNIT 3A
 UNIT 3A UNIT 1A UNIT 1A 14A9.3-A UNIT 3A UNIT 3A 104C 106C 901 JONES STREET
 STAIR STOR
 OS MECH 103C 105C CS2-1 A3.1-C
 123A 124A 125A 109B 110B OMAHA NE 68102
 AS1-1 A121
 10  A122
 6
0 CORR V 402 345 3060
 4
 RR RR A118 F 402 345 7871
 13 A9.3-A A9.3-A
 9 11 7 A3.1-C

 SCALE
 A120 A119 bvh.com
 OS OS

 12 8 MECH CORR ELEC
 68'-8"
 MECH/ELEC CR F
3
 A106 CR CR
 C103 C102 C104
 2 3
 CR CR CR
 WORK 1 MECH CIVIL ENGINEER
 OS
 A9.3-A A9.3-A BUSINESS A4.1-A C105
12 A107
 A9.3-A 4 REGA ENGINEERING
 5
 INCH
 1
 ______ A116
 MECH OS LEASING UNIT 2A 601 OLD CHENEY RD A
 A1.06 UNIT 3A STAIR UNIT 1A LOBBY UNIT 3A
 UNIT 2B A108 A111 COMMUNITY 108B UNIT 2A LINCOLN, NE 68512
 STOR MECH A9.3-A 102C STAIR
 CS1-1 101C C101 107C
 122A A117 111B V 402 421 2500
 A110 A115 TENANT STOR
 JAN F regaengineering.com
 OS OS OS C106
 A109
 ELEV OFFICE OFFICE STOR VEST
 AE-1 A112 A113  A114 C100
 1
 F
 OUTDOOR STRUCTURAL ENGINEER
0 CR F F COVERED LANGE STRUCTURAL GROUP



 1-1/2" = 1'-0"
 LOBBY VEST STAIR MECH MAIL
 A9.3-A CR 1919 S 40TH STREET, SUITE 302
 A101 A100 BS2-1 B105
 65'-8" LINCOLN NE 68506
 CR

 UNIT 1B 3 V 402 421 9540
 3
 ______ 121A A3.1-C langestructuralgroup.com
 3




 OUTDOOR COVERED MAIL
 A1.05

 SCALE
 A3.1-A
 2 UNIT 1A UNIT 1A
 MAINT A4.1-A MEP ENGINEER
 107B 112B
12 A102
 FIRST FLOOR PLAN - BUILDING C - OVERALL ENGINEERING TECHNOLOGIES, INC.



3
 CR CR
 3 1/16" = 1'-0"
 1101 N 13TH ST
 OMAHA, NE 68102
 V 402 330 2772

 FEET
 UNIT 1A
 eti-engineers.com
 120A
 T
2

 UNIT 2A UNIT 2A
 106B 113B
1


 3/4" = 1'-0"
 UNIT 1A UNIT 3B
 119A 101A

0 2
 A3.1-A

 SCALE UNIT 2A UNIT 2A
1 105B 114B
 UNIT 1A
 118A
5

 FEET
 UNIT 3B
 102A 3
 ______
4 A1.07

 UNIT 2A UNIT 1A
3 104B 115B
 UNIT 1A
 117A
 CORR
2


 1/2" = 1'-0"
 B103
 1
1 A3.2-A
 3
 UNIT 2A A3.1-B
 103A 1
0 UNIT 1A

 SCALE
 A3.2-B
 402'-0"
 116B
 UNIT 2A
1 UNIT 1A 103B
 116A 2
10 A3.2-B

 FEET UNIT 2A UNIT 1A
8 104A 117B
 4 REVISIONS SCHEDULE
6 UNIT 1A A3.1-B
 MARK DATE DESCRIPTION
 115A

4


 1/4" = 1'-0"
 UNIT 3B
 102B
2 UNIT 1A
 118B

0

 SCALE
 UNIT 2A
 UNIT 2A 105A
2 114A
 2
 A3.2-A
20 UNIT 1A
 FEET
 119B
 UNIT 3B BLDG
 BLDG A
15 101B C

 UNIT 2A
 UNIT 2A
 113A
10 106A


 UNIT 1A


 1/8" = 1'-0"
5 120B
 BLDG B
 1
 ______




 OUTDOOR COVERED MAIL
 A1.05
0 4 TENANT STOR

 SCALE
 UNIT 1A UNIT 1A A3.1-A B102
 112A 107A
 2
5
 A3.1-B UNIT 1B
 UNION AT TOWER
 121B DISTRICT
45
 MECH STAIR VEST LOBBY
40 A105 AS2-1
 F CR
 B100 B101
 FEET
 CR
 F
35 PROJECT: 24009 DATE: 8-29-24
 PROJECT STATUS: DESIGN DEVELOPMENT
 ELEV JAN
30 © COPYRIGHT BVH ARCHITECTURE
 BE-1 B109
 5
 ______ UNIT 2A UNIT 2A
25
 A1.06 111A 108A
 UNIT 3A UNIT 2A TENANT STOR UNIT 2B
20 127B 128B B110 122B


 1/16" = 1'-0"
 MECH
15
 B108
10

5 ELEC MECH

 SCALE
 B107 B106
0
 DR
 1
5 ______
 A1.07 UNIT 3A AF
30 110A UNIT 3A T
 109A UNIT 3A STAIR UNIT 1A UNIT 1A UNIT 3A
 FEET 126B BS1-1 125B 124B 123B
25


 ELEC UP
20
 A104
 F OVERALL FIRST
 CR
15 FLOOR PLAN - ABC
 1
 3
10


 3/32" = 1'-0"
 A3.1-A
 A3.2-B

5 NORTH

 REFER TO G SERIES SHEETS FOR RATED WALL LOCATIONS
 A1.01
 8/29/2024 2:33:11 PM
 FIRST FLOOR PLAN - BUILDING A - OVERALL FIRST FLOOR PLAN - BUILDING B - OVERALL
 SCALE
0


5
 1 1/16" = 1'-0" 2 1/16" = 1'-0"
Docusign Envelope ID: B292FCA4-311D-4F7A-8917-786982A7B62F




 Department of Commerce Phone: (785) 296-3481
 1000 S.W. Jackson St., Suite 100 Fax: (785) 296-5055
 Topeka, KS 66612-1354 KansasCommerce.gov
 David C. Toland, Secretary Laura Kelly, Governor


 September 18, 2024

 Rhiannon Friedman
 Planning & Development Director
 City of Topeka
 215 SE 7th St.
 Topeka, KS 66603

 RE: Request for Approval of Reinvestment Housing Incentive District in Topeka, Kansas/Tower
 District

 Dear Ms. Friedman:

 This will acknowledge receipt of the City of Topeka’s application dated August 26th, related to
 participation in the Kansas Reinvestment Housing Incentive District Act.

 I have reviewed Resolution No. 9570 as passed by the governing body and submitted to the
 Kansas Department of Commerce (Commerce) pursuant to the Reinvestment Housing Incentive
 District Act found at K.S.A. 12-5244 et seq. I have further reviewed the 2022 Housing Needs
 Analysis (Analysis) prepared by the City and upon which the Resolution was based. The process
 of establishing a Reinvestment Housing Incentive District requires the Analysis to summarize
 and determine the nature and extent of housing needs within the community. The Analysis must
 then be adopted by the governing body and is subject to the review and approval of the Secretary
 of Commerce. The Act sets out four findings and determinations which must be included in the
 Analysis and adopted by the City.

 Based on my review of the original application material and supplemental information provided
 by the City of Topeka, I hereby agree with and approve the findings set forth in the Resolution
 passed by the City of Topeka to wit:

 1. There is a shortage of quality housing, including affordable single family and multi-family
 apartment units, at various price ranges in the City of Topeka despite the best efforts of public
 and private housing developers;

 2. The shortage of quality housing can be expected to persist and that additional financial
 incentives are necessary in order to encourage the private sector to construct or renovate housing
 development in the City of Topeka;

 3. The shortage of quality housing is a substantial deterrent to the future economic growth and
 development of the City of Topeka; and
Docusign Envelope ID: B292FCA4-311D-4F7A-8917-786982A7B62F




 4. The future economic well-being of the City of Topeka depends on the governing body
 providing additional incentives for the construction or renovation of quality housing in the City
 of Topeka.

 Commerce believes the Analysis and findings by the governing body of the City of Topeka meet
 the requirements set forth in K.S.A. 12-5244(a) and this constitutes the approval required by
 K.S.A. 12-5244(c) for the District as detailed in Resolution No. 9570. The application for
 approval of the findings required for the establishment of the Reinvestment Housing Incentive
 Districts as set forth in the application is hereby approved. This approval is predicated solely
 upon the information and data received from the City of Topeka.

 If you have any questions regarding this matter, please let me know.

 Sincerely,



 David C. Toland
 Lt. Governor and Secretary

 cc: Ryan Vincent (KHRC)
 Robert North
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 January 21, 2025


DATE: January 21, 2025
CONTACT PERSON: Amanda Stanley, City DOCUMENT #:
 Attorney
SECOND PARTY/SUBJECT: Authorizing Signing of PROJECT #:
 Certain Contracts
CATEGORY/SUBCATEGORY
CIP PROJECT: No
ACTION OF COUNCIL: Deferred to January 21, JOURNAL #:
 2025 Governing Body
 Meeting. (December 17,
 2024)
 PAGE #:

DOCUMENT DESCRIPTION:

ORDINANCE introduced by City Manager Dr. Robert M. Perez, authorizing the Deputy City Manager,
Assistant City Manager, and Director of Administrative and Financial Services to sign specific contracts
on behalf of the City pursuant to Charter Ordinance No. 94, codified at Section A2-55 of the Code of the
City of Topeka. (Deferred from the Meeting of December 17, 2024.)

Voting Requirement: Action requires at least five (5) of the City Council. The mayor does not vote. The
proposed ordinance involves a matter of home rule on which the Mayor has veto power.

(Approval would authorize certain city officers or employees to approve and sign the contracts in the absence
of the city manager.)

VOTING REQUIREMENTS:
Action requires at least five (5) of the City Council. The mayor does not vote. The proposed ordinance involves a
matter of home rule on which the Mayor has veto power.
POLICY ISSUE:
Whether to approve an ordinance delegating the signing authority of certain contracts
STAFF RECOMMENDATION:
Staff recommends the City Council move to adopt the ordinance.
BACKGROUND:
Charter Ordinance No. 94, codified at Section A2-55 of the Code of the City of Topeka requires the City
Manager sign all contracts unless other city officers or employees are specifically authorized by ordinance to
approve and sign the contracts. Due to the high volume of contracts entered into by the City, for efficiency, the
City Manager would like to specifically authorize the Deputy City Manager to execute contracts on behalf of the
City relating to the Police Department, Fire Department, and Judicial Department, the Assistant City Manager to
execute contracts on behalf of the City relating to the Public Works Department, Utilities Department, and the
Planning and Development Department, and the Director of Administrative and Financial Services to execute
contracts on behalf of the City relating to the Administrative and Financial Services Department, Human
Resources Department, and the Information Technology Department
BUDGETARY IMPACT:
Not Applicable
SOURCE OF FUNDING:
Not Applicable

ATTACHMENTS:
Description
Ordinance
 1 (Published in the Topeka Metro News _______________________________________)
 2
 3 ORDINANCE NO. _____________
 4
 5 AN ORDINANCE introduced by City Manager Dr. Robert M. Perez authorizing the
 6 Deputy City Manager, Assistant City Manager, and Director of
 7 Administrative and Financial Services to sign specific contracts on
 8 behalf of the City pursuant to Charter Ordinance No. 94, codified at
 9 § A2-55 of the Code of the City of Topeka, adding Topeka
10 Municipal Code § 2.20.015 .
11
12 WHEREAS, Charter Ordinance No. 94, § 22, codified as City of Topeka Code §

13 A2-55(b), provides for officers or employees of the City other than the City Manager to

14 execute contracts on behalf of the City when specifically authorized by ordinance; and

15 WHEREAS, it is in the best interests of the City to authorize the Deputy City

16 Manager, Assistant City Manager and Director of Administrative and Financial Services

17 to sign specific contracts on behalf of the City.

18 NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE

19 CITY OF TOPEKA, KANSAS that:

20 Section 1. The Code of the City of Topeka, Kansas, is hereby amended by

21 adding a section, to be numbered 2.20.015, which said section reads as follows:

22 (a) The Deputy City Manager, a member of the Executive Department, is

23 authorized to execute contracts on behalf of the City relating to the Police Department,

24 Fire Department, and Judicial Department pursuant to Charter Ordinance No. 94. § 22,

25 as codified in the City of Topeka Code § A2-55.

26 (b) The Assistant City Manager, a member of the Executive Department, is

27 authorized to execute contracts on behalf of the City relating to the Public Works

28 Department, Utilities Department, and the Planning and Development Department

29 pursuant to Charter Ordinance No. 94. § 22, as codified in the City of Topeka Code §



 Authorizing contract signatories 12/3/24 1
30 A2-55.

31 (c) That the Director of Administrative and Financial Services, a member of

32 the Executive Department, is authorized to execute contracts on behalf of the City

33 relating to the Administrative and Financial Services Department, Human Resources

34 Department, and the Information Technology Department pursuant to Charter

35 Ordinance No. 94. § 22, as codified in the City of Topeka Code § A2-55.

36 Section 2. This ordinance shall take effect and be in force from and after its

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

38 Section 3. This ordinance shall supersede all ordinances, resolutions or rules,

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

40 Section 4. Should any section, clause or phrase of this ordinance be declared

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

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

43 PASSED AND APPROVED by the City Council on ____________________.
44
45 CITY OF TOPEKA, KANSAS
46
47
48
49 __________________________________
50 Michael A. Padilla, Mayor
51 ATTEST:
52
53
54
55 ________________________________
56 Brenda Younger, City Clerk




 Authorizing contract signatories 12/3/24 2
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 January 21, 2025


DATE: January 21, 2025
CONTACT PERSON: Councilmember DOCUMENT #:
 Valdivia-Alcala,
 Councilmember Dobler
 and Major Mike Cross
SECOND PARTY/SUBJECT: Camping Prohibitions PROJECT #:
CATEGORY/SUBCATEGORY 013 Ordinances - Codified / 078 Health and Sanitation
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

DISCUSSION concerning camping prohibitions amending Sections 9.45.350 and 9.45.360 of the Topeka
Municipal Code.

(Approval will expand the definition of public infrastructure and clarify parameters for camping on private
property.)

VOTING REQUIREMENTS:
Discussion only. Action requires 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:
Whether or not to clarify the definition of public infrastructure.
STAFF RECOMMENDATION:
Discussion only. Staff recommends the City Council move to adopt the ordinance when considered. The Mayor
does not vote.
BACKGROUND:
The proposed language amendments are as follows:

 Line 26: Amend the definition of "Camp" to exclude camping at camping sites for recreational vehicles,
 travel trailers, campers or tents.
 Line 41: Amend the definition of "Public Infrastructure" to reflect the Federal Emergency Management
 Agency (FEMA) language.
 Line 60: Amend to state "Within 100 feet instead of 500 feet of any Public Infrastructure."
 Line 62: Amend to state camping is illegal "Upon private property (except by the owner on record or lawful
 tenant) exceeding 10 days within a six-month period."
BUDGETARY IMPACT:
Currently, there are 20 known camps to abate with an estimated cost of $12,000
SOURCE OF FUNDING:
Operational Budget

ATTACHMENTS:
Description
Ordinance
 1 (Published in the Topeka Metro News _______________________)
 2
 3 ORDINANCE NO. _____________
 4
 5 AN ORDINANCE introduced by Deputy Mayor Valdivia-Alcala and Councilmember
 6 Dobler, concerning camping prohibitions, amending § 9.45.350 and
 7 § 9.45.360 of the Topeka Municipal Code and repealing original
 8 sections.
 9
10 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TOPEKA, KANSAS:

11 Section 1. That section 9.45.350, Definitions, of The Code of the City of

12 Topeka, Kansas, is hereby amended to read as follows:

13 Definitions.

14 Unless the particular provisions or the context otherwise requires, the definitions

15 contained in this section shall govern the construction, meaning, and application of

16 words and phrases used in this article.

17 “Camp” means to use property for living accommodation purposes, such as

18 sleeping activities or making preparations to sleep (including the laying down of bedding

19 for the purpose of sleeping); or storing personal property (including, but not limited to,

20 clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen

21 utensils, cookware, and similar material); or making any fire, regularly cooking meals,

22 using any tents, or living in a parked vehicle. These activities constitute camping when it

23 reasonably appears, in light of all the circumstances, that a person(s) is using such

24 property as a living accommodation. Camping does not include camping on a property

25 by the owner of record or a lawful tenant for a period not to exceed 10 days within any

26 six-month period, nor camping upon any property properly zoned or permitted for

27 establishments primarily engaged in providing overnight or short-term camping sites for

28 recreational vehicles, travel trailers, campers or tents.



 ORD/Camping Prohibition (Infrastructure) 12/10/20241
29 “Flood control works” means the system comprised of levees, flood walls, relief

30 wells, closure structures, pump stations and ponding areas that serve to protect the City

31 from flooding.

32 “Levee” means the Waterworks Levee Unit, the South Topeka Unit, the

33 Auburndale Unit, the Oakland Unit and the North Topeka Unit.

34 “Levee critical zone” means 500 feet from the centerline of the land side of a

35 levee and 300 feet from the centerline of the levee to the water’s edge.

36 “Personal property” means any and all tangible property, and includes, but is not

37 limited to, goods, materials, merchandise, tents, tarpaulins, bedding, sleeping bags,

38 hammocks, personal items such as luggage, backpacks, clothing, documents and

39 medication, and household items.

40 “Public infrastructure” means bus shelters, bridges, overpasses and flood control

41 worksgovernment buildings, government structures, government facilities, government

42 equipment storage or repair locations, facilities operated by the government for public

43 use, bus shelters, roadways, highways, medians, traffic circles, bridges, overpasses,

44 railways, flood control works, water delivery systems, wastewater delivery systems,

45 electrical generation systems, electrical transmission systems, communication

46 transmission systems, health care facilities, schools, and child care facilities.

47 “Store, stored or storing” means to put aside or accumulate for use when

48 needed, to keep for safekeeping, and/or to place or leave in a location.

49 “Tent” includes any tarp, cover, structure or shelter, made of any material that is

50 not open on all sides and which hinders an unobstructed view behind or into the area

51 surrounded by the tarp, cover, structure or shelter.




 ORD/Camping Prohibition (Infrastructure) 12/10/20242
52 “Trail” means the trails conveyed to Shawnee County pursuant to City of Topeka

53 Contract No. 41460 which includes Deer Creek Trail, Soldier Trail, Shunga Trail and

54 Landon Trail.

55 Section 2. That section 9.45.360, Unlawful camping, of The Code of the City

56 of Topeka, Kansas, is hereby amended to read as follows:

57 Unlawful camping.

58 It is unlawful and a public nuisance for any person to camp in the following areas,

59 unless otherwise allowed by the Topeka Municipal Code:

60 (a) Within 500100 feet of any Ppublic infrastructure;

61 (b) Within 10 feet of any doorway, loading dock, stairway or fire escape;

62 (c) Upon private property, except by the owner of record or a lawful tenant for

63 a period not to exceed 10 days within a six-month period;

64 (cd) Within an area bounded by Topeka Boulevard from SW 10th Avenue to

65 NW Crane Street; Madison Street from SE 10th Avenue to NE Crane Street; Crane

66 Street from Topeka Boulevard to NE Madison Street; and 10th Avenue from Topeka

67 Boulevard to SE Madison Street; and

68 (de) Within an area bounded by Topeka Boulevard from NW Curtis Street to

69 NW Morse Street; NE Quincy Street from NE Curtis Street to NE Morse Street; Morse

70 Street from NE Quincy Street to NW Topeka Boulevard; and Curtis Street from NE

71 Quincy Street to NW Topeka Boulevard; and

72 (ef) Within a levee critical zone, within 500 feet of the centerline of any trail, or

73 within 50 feet of the centerline of any sidewalk inside City limits to protect the health,

74 safety and general welfare of the citizens of the City.




 ORD/Camping Prohibition (Infrastructure) 12/10/20243
75 Section 3. That original § 9.45.350 and § 9.45.360 of The Code of the City of

76 Topeka, Kansas, are hereby specifically repealed.

77 Section 4. This ordinance shall take effect and be in force from and after its

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

79 Section 5. This ordinance shall supersede all ordinances, resolutions or rules,

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

81 Section 6. Should any section, clause or phrase of this ordinance be declared

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

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

84 PASSED AND APPROVED by the Governing Body on ____________________.
85
86 CITY OF TOPEKA, KANSAS
87
88
89
90 __________________________________
91 Michael A. Padilla, Mayor
92 ATTEST:
93
94
95
96 ________________________________
97 Brenda Younger, City Clerk




 ORD/Camping Prohibition (Infrastructure) 12/10/20244
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 January 21, 2025


DATE: January 21, 2025
CONTACT PERSON: DOCUMENT #:
SECOND PARTY/SUBJECT: Public Comment PROJECT #:
 Protocol
CATEGORY/SUBCATEGORY
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:
PUBLIC COMMENT PROTOCOL
VOTING REQUIREMENTS:
POLICY ISSUE:
STAFF RECOMMENDATION:
BACKGROUND:
Governing Body Rule 5.5

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

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

Procedures for Addressing the Governing Body
In accordance with Governing Body Rules 5.6 and 5.7, the following protocols for public comment apply:
 Each person shall state his or her name and city of residence in an audible tone for the record.
 All remarks shall be addressed to the Governing Body as a whole -- not to any individual member.
 In order to provide additional time for as many individuals as possible to address the Governing Body, each
 individual signed up to speak will need to complete his or her comments within four minutes.

The following behavior will not be tolerated from any speaker:

 Uttering fighting words
 Slander
 Speeches invasive of the privacy of individuals (no mention of names) Unreasonably Loud Speech
 Repetitious Speech or Debate
 Speeches so disruptive of proceedings that the legislative process is substantially interrupted

Any speaker who engages in this type of behavior will be warned once by the presiding office (Mayor). If the
behavior continues, the speaker will be ordered to cease his or her behavior. If the speaker persists in interfering
with the ability of the Governing Body to carry out its function, he or she will be removed from the City Council
Chambers or Zoom meeting room.

Members of the public, Governing Body and staff are expected to treat one another with respect at all times.
Zoom Meeting Protocol

 Make sure your Zoom name, email and/or phone number matches what was submitted to the City Clerk
 when you signed up for public comment. Any misnamed or unauthorized users will not be admitted to
 Zoom.
 Please keep your mic muted and your camera off until you are called by the Mayor to give your comment.
 If you are cut off during your comment time due to an internet connection or technical issue, you will need
 to submit your comments in writing to the City Clerk 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 – January 21, 2025

 CITY COUNCIL CHAMBERS, Topeka, Kansas, Tuesday, January 21, 2025. The

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

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

 Kell, Miller, Dobler and Hoferer -8. Mayor Padilla presided – 1. Absent - Councilmember

 Duncan -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 January 21, 2025, after which the City Clerk's Office provided the

 Zoom link information and protocols prior to the meeting start time. Written public comment

 was also considered to the extent it was personally submitted at the meeting or to the City

 Clerk's Office located at 215 SE 7th Street, Room 166, Topeka, Kansas, 66603 or via email at

 cclerk@topeka.org on or before January 21, 2025 for attachment to the meeting minutes.

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

 Councilmember Hoferer.

 THE PLEDGE OF ALLEGIANCE was recited by meeting participants.

 APPROVAL of the MINUTES of the special meeting of January 9, 2025; and the regular

meeting of January 14, 2025, were presented.

 Councilmember Duncan joined the meeting remotely.

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

Councilmember Ortiz carried unanimously on roll call vote. (10-0-0)

 THE ELECTION of two City Council voting representatives to serve a one-year term on

the Joint Economic Development Organization (JEDO) Board, was presented.

 1-21-25
 16
 Mayor Padilla stated the Governing Body shall elect two (2) council members to serve a

one-year term as voting members on the JEDO Board. The Mayor and Deputy Mayor will also

serve as voting members. Each council member can self-nominate. The two council members

receiving the highest number of votes will be elected, providing they have a minimum of six (6)

votes; and votes will continue until the voting requirement was met.

 Mayor Padilla opened the floor for nominations.

 Councilmember Banks nominated himself.

 Councilmember Kell nominated Councilmember Miller.

 Councilmember Miller nominated Councilmember Hiller.

 Councilmember Duncan nominated himself.

 Upon hearing no more nominations, Mayor Padilla announced nominations were closed.

 After the tally of votes, the City Clerk announced Councilmember Banks received 10

votes; Councilmember Duncan received 6 votes, Councilmember Miller received 3 votes and

Councilmember Hiller received 1 vote.

 Mayor Padilla announced Councilmembers Banks and Duncan would serve as the 2025

JEDO Board voting members.

 PUBLIC HEARING

 A PUBLIC HEARING regarding the petition filed by Adam Moser to vacate public right
 of way for 30 feet of Broad Street, 60 feet of Bowery Street, and an 8-foot-wide public
 alley.

 ORDINANCE NO. 20542 introduced by City Manager Dr. Robert M. Perez regarding

the vacation of public right of way for 30 feet of Broad Street, 60 feet of Bowery Street, and an

8-foot-wide public alley, all part of Central Avenue Addition, City of Topeka, Shawnee County,

Kansas, was presented. (V24A/2) (Council District No. 2)

 1-21-25
 17
 Dan Warner, Planning Division Director, reported approval would allow the applicant to

construct a fence. He stated the applicant held a neighborhood information meeting and two

owners of adjoining property attended the meeting with no objections to the vacation being

expressed at the meeting or since that time.

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

would like to speak to the matter.

 Upon no one appearing, the public hearing was closed.

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

Councilmember Miller carried.

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

Valdiva-Alcala, Ortiz, Banks, Kell, Miller, Dobler, Duncan, Hoferer, and Mayor Padilla -10.

 ORDINANCE NO. 20543 introduced by City Manager Dr. Robert M. Perez amending

the “District Map” referred to and made a part of the Zoning Ordinances by Section 18.50.050 of

the Topeka Municipal Code by approving a major amendment to the Planned Unit Development

for Paradise Providence Place to allow a Crisis Center Type II in association with and accessory

to the principal use of Religious Assembly on property located at 2401 SE 11th Street, was

presented. (PUD 24/16) (Council District No. 3)

 Dan Warner, Planning Division Director, reported approval will allow boarding and

lodging for a maximum of 8 residents; as well as an additional 20 beds during inclement weather,

limited to October 16 through April 15 within any year, and only in coordination with and at the

request of the City of Topeka. He noted the applicant conducted a Neighborhood Information

meeting on November 21, 2024, with no one other than Planning Staff and the Applicant

attended the meeting. He stated the Planning Commission and Staff are recommending approval.

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 Mayor Padilla stated 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.

 Ex parte communication was declared by Councilmember Ortiz.

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

Councilmember Hiller carried.

 Councilmember Ortiz recognized the applicants for their great work in the community

through the Open Arms Outreach Ministries and encouraged Governing Body members to vote

in favor of adopting the ordinance.

 The ordinance was adopted on roll call vote as follows: Ayes: Hiller, Valdiva-Alcala,

Ortiz, Banks, Kell, Miller, Dobler, Duncan, Hoferer, and Mayor Padilla -10.

 CONTRACT NO. 52630 a Funding Agreement between Gen III Construction and

Development, LLC and the City of Topeka, Kansas, was presented.

 RESOLUTION NO. 9611 introduced by City Manager Dr. Robert M. Perez providing

notice that the City is considering establishing a Reinvestment Housing Incentive District

(“RHID”) for the Sherwood Village Park; adopting a plan for the development of housing and

public facilities in the proposed RHID; and establishing the date and time of a public hearing,

was presented.

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 Rhiannon Friedman, Planning and Development Director, reported the Secretary of

Commerce has authorized the City to proceed with considering the establishment of the RHID

and adopting a plan for housing facilities. She stated the next step in the process would be to set

a public hearing date of February 11, 2025, to consider public comment, publish a hearing notice

in the Topeka Metro Newspaper and notify the Shawnee County Commission and USD 437

Board of Education. Additionally, Staff was seeking approval of the proposed Funding

Agreement for the Sherwood Village Park RHID and if approved, the developer will pay the City

sufficient moneys to cover the City's cost in analyzing and effecting the districts creation.

 Councilmember Miller moved to approve the funding agreement and the resolution. The

motion seconded by Councilmember Kell carried unanimously on roll call vote. (10-0-0)

 CONTRACT NO. 52631 a Funding Agreement between Union Development Holdings,

LLC and the City of Topeka, Kansas, was presented.

 RESOLUTION NO. 9612 introduced by City Manager Dr. Robert M. Perez providing

notice that the City is considering establishing a Reinvestment Housing Incentive District

(“RHID”) for the Union at Tower District; adopting a plan for the development of housing and

public facilities in the proposed RHID; and establishing the date and time of a public hearing,

was presented.

 Rhiannon Friedman, Planning and Development Director, reported the Secretary of

Commerce has authorized the City to proceed with considering the establishment of the RHID

and adopting a plan for housing facilities. She stated the next step in the process was to set a

public hearing date of February 18, 2025, to consider public comment, publish a hearing notice

in the Topeka Metro Newspaper and notify the Shawnee County Commission and the USD

501 Board of Education. Additionally, Staff was seeking approval of the proposed Funding

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Agreement for the Union at Tower District RHID and if approved, the developer will pay the

City sufficient moneys to cover the City's cost in analyzing and effecting the districts creation.

 Councilmember Hiller moved to approve the funding agreement and the resolution. The

motion seconded by Councilmember Dobler carried unanimously on roll call vote. (10-0-0)

 AN ORDINANCE introduced by City Manager Dr. Robert M. Perez, authorizing the

Deputy City Manager, Assistant City Manager, and Director of Administrative and Financial

Services to sign specific contracts on behalf of the City pursuant to Charter Ordinance No. 94,

codified at Section A2-55 of the Code of the City of Topeka, was presented. (Deferred from the

Meeting of December 17, 2024.)

 Councilmember Duncan reported Staff has requested the ordinance be reviewed by the

Policy and Finance Committee. He noted the next Committee meeting would be held on January

28, 2025.

 Councilmember Duncan moved to refer the ordinance to the Policy and Finance

Committee. The motion seconded by Councilmember Ortiz carried on roll call vote.

Councilmember Valdivia-Alcala voted “no.” (9-1-0)

 DISCUSSION concerning camping prohibitions amending Sections 9.45.350 and

9.45.360 of the Topeka Municipal Code, was presented.

 Councilmember Valdivia-Alcala reported the proposed language amendments were as

follows:

 • Line 26: Amend the definition of "Camp" to exclude camping at camping sites for
 recreational vehicles, travel trailers, campers or tents.
 • Line 41: Amend the definition of "Public Infrastructure" to reflect the Federal
 Emergency Management Agency (FEMA) language.
 • Line 60: Amend to state "Within 100 feet instead of 500 feet of any Public
 Infrastructure."
 • Line 62: Amend to state camping is illegal "Upon private property (except by the
 owner on record or lawful tenant) exceeding 10 days within a six-month period."
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 Councilmember Dobler reported the original intent of the ordinance was to protect

government infrastructure; however, it has been determined there was not a need to include

certain underground utility and transmission line systems which could lead to difficultly when

they identify areas where camping will be legal. He suggested the following amendments:

 • Line 44: Delete “water delivery systems and wastewater delivery systems”
 • Line 45: Delete “electrical transmission systems”
 • Lines 45 and 46: Delete “communication transmission systems”

 Councilmember Valdivia-Alcala spoke in support of the proposed language amendments

suggested by Councilmember Dobler.

 Councilmember Kell spoke to the importance of effective signage for areas that prohibit

camping near infrastructures especially near bridges.

 Councilmember Ortiz referenced line 60 of the ordinance and questioned how it was

determined that “within 100-feet of any public infrastructure” was sufficient for railroad

infrastructure.

 Councilmember Dobler stated the original proposal of 500-feet raised concerns of being

too long of a distance; therefore, after careful consideration it was determined that 100-feet

would be reasonable and still allow them to designate certain areas for camping at a later date.

 Councilmember Hoferer referenced line 62 or the ordinance and asked if the “not to

exceed 10-days within a six-month period” on private property was sufficient to effectively

investigate and enforce in a timely manner.

 Topeka Police Major Mike Cross reported the proposed “10-day” language as stated in

the ordinance would allow them to address residential camping whereas, currently they rely on

sanitation concerns as the enforcement tool for residential camping.

 Councilmember Hiller questioned the intent of the ordinance as it relates to allowing
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camping in recreational vehicles on private property. She referenced the term “parked vehicle”

on line 22 and expressed concern with the lack of definition for “vehicle.” She suggested they

clarify the term and avoid confusion by defining “vehicle” to include a recreational vehicle as

well as a truck or car. She reported sometimes people build their own shelters and suggested they

include language stating individuals could not be in violation of any city ordinances addressing

trash, illegal activity, dog at large, and building structures without a permit – all reasons why she

believes residents are unhappy with the act of camping. She stated as they continue to define

camping in recreational vehicles as it relates to homelessness and the development of the Kansas

Riverfront, she questions who would be responsible for people camping on a Kansas River

sandbar.

 Amanda Stanley, City Attorney, reported there are more specific rules for recreational

vehicles in the front and back yards of residential properties that would supersede this camping

ordinance. She stated she believes the City would not have jurisdiction over the Kansas River

sandbars; however, she would have to confirm and report back to the Governing Body.

 Councilmember Valdivia-Alcala spoke in support of adding language related to the

enforcement of all city ordinances as well as defining what would be considered a vehicle.

 Mayor Padilla reported Staff would work with Councilmembers on proposed language

amendments to be considered at the February 4, 2025, Governing Body meeting.

 PUBLIC COMMENT was provided by the following individual:

 Windi Thomas stated she resides at 3541 SW Wesparke Court, Topeka, and questioned

where cul-de-sacs fall within the City’s snow removal operations. She stated she was hopeful

that her street would be included in future snow removal operations by the City.

 Dr. Robert M. Perez, City Manager, reported a debrief on the 2025 Snow Event would

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take place at the February 4, 2025, Governing Body meeting, and he will connect Ms. Thomas

with Public Works Director, Steve Groen for assistance.

 ANNOUNCEMENTS BY THE CITY MANAGER, MAYOR AND MEMBERS OF

THE COUNCIL:

 Brenda Younger, City Clerk, announced a Citizen Government Review Committee would

be held on January 29, 2025, at 11:00 a.m. in the Cyrus K. Holliday Building First Floor

Conference Room located at 620 SE Madison Street, Topeka, Kansas.

 Dr. Robert M. Perez, City Manager, welcomed new Topeka Police Chief Chris Vallegos,

He thanked Deputy Chief Jamey Haltom for his leadership while serving as the Interim Police

Chief.

 Councilmember Hiller thanked Water Division and Public Works employees for their

work during the recent snow event.

 Councilmember Valdivia-Alcala expressed her appreciation to City employees required

to work in the severe cold weather. She welcomed new Topeka Police Chief Chris Vallegos and

thanked Deputy Chief Jamey Haltom for his service as Interim Police Chief.

 Councilmember Ortiz welcomed new Topeka Police Chief Chris Vallegos and thanked

Deputy Chief Jamey Haltom for his service as Interim Police Chief. She provided Chief Vallegos

with free smoke alarm applications and encouraged him and all citizens to participate in the Free

Smoke Alarm program. She commended City employees for working in the severe cold weather.

 Councilmember Banks thanked citizens for expressing their concerns and sharing the

issues that are important to them.

 Councilmember Kell thanked Deputy Chief Jamey Haltom for his service as Interim

Police Chief. He urged residents to take care of their animals and neighbors during the severe

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cold weather. He announced professional hockey would return to Topeka in January 2025.

 Councilmember Miller referenced Governing Body Rules & Procedures 5.5(b)(4)

concerning public comments. He inquired on the best way for Governing Body members to

engage with the public when necessary.

 Councilmember Dobler thanked Shawnee County Waste Management employees as well

as Public Works and Public Safety employees for their work during the severe cold weather.

 Councilmember Duncan referenced his Facebook page at

https://www.facebook.com/duncanfortopeka/ and encouraged citizens to visit his web site at

https://www.duncanfortopeka.com/home for information on upcoming District 8 “Open Office

Hours” events.

 Mayor Padilla suggested Governing Body members who would like to engage with

citizens during public comment to do so. He also encouraged citizens to provide their contact

information with the City Clerk to be forwarded to the appropriate Staff member. He

commended Deputy Chief Jamey Haltom for his leadership as the Interim Police Chief.

 NO FURTHER BUSINESS appearing the meeting adjourned at 7:04 p.m.



 (SEAL)
 Brenda Younger City Clerk




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