Governing Body — Topeka, KS
Date: 2026-02-11

Governing Body Minutes – February 3, 2026

 CITY COUNCIL CHAMBERS, Topeka, Kansas, Tuesday, February 3, 2026. The

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

following Councilmembers present: Councilmembers Hiller, Ortiz, Banks, Kell, Miller,

Bradberry and Hoferer - 7. Presided: Mayor Duncan -1. Absent: Councilmembers Valdivia-

Alcala - 1. Council District No. 8 – Vacant.

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

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

no later than 5:00 p.m. on February 3, 2026, after which the City Clerk's Office provided the

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

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

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

cclerk@topeka.org on or before February 3, 2026, for attachment to the meeting minutes.

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

Pastor Curtis Odom, In God’s House Church.

 THE PLEDGE OF ALLEGIANCE was recited by meeting participants.

 CONSENT AGENDA was presented as follows:

 APPROVAL of the MINUTES of the regular meeting of January 20, 2026, was

presented.

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

Councilmember Ortiz carried unanimously. (8-0-0)




 02-03-26
 31
 PUBLIC HEARING

 A Public Hearing to consider the advisability of creating a Community Improvement
 District was presented.

 ORDINANCE NO. 20633 introduced by City Manager Dr. Robert M. Perez, establishing

a California Crossing Community Improvement District (CID) and levying a CID Sales Tax of

one and a half percent (1.5%) within the CID, was presented.

 Braxton Copley, Deputy City Manager, stated approval would establish a Community

Improvement District for development improvements located at the shopping center in the

southeast corner of the 29th Street and California Avenue intersection. He reported the sales tax

would be implemented for 22 years, it would be pay-as-you-go project financing, reimbursing

the Developer for CID eligible expenses with a total estimated CID expense of $6 million for all

project phases, and maximum reimbursable expenses of $1 million for Phase 1. He stated Staff

recommend approval of the ordinance and the development agreement as proposed.

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

would like to speak to the matter.

 Henry McClure questioned why a 2% sales tax was not being proposed in the same

manner as other developers. He urged the City to help make it a successful development in the

same manner as they have for Jim Klausman and the Wheatfield Development including relief of

real estate taxes and other incentives.

 Danielle Twemlow spoke in support of the CID as she believes improvements to the area

are long overdue. She requested Staff study what other cities are doing for improvement districts

and consider similar amendments to the City’s policy in the Policy & Finance Committee.



 02-03-26
 32
 Matt Gouph, Legal Counsel for the Developer, spoke in support of the improvement

district for the purpose of revitalization of the entire center and overall improvement which

addresses vital needs of surrounding neighborhoods. He requested approval of the proposal that

meets the City’s CID policy requirements. He stated the applicant was hopeful and optimistic

that the development will thrive.

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

 Councilmember Kell stated he concurs with some of the comments made by Henry

McClure; however, an additional half percent increase would have a big impact on the low to

moderate income neighborhood. He spoke about the importance of holding property owners

accountable for dilapidated properties.

 Councilmember Banks spoke in support of improvement districts in east Topeka and

commended the developer for investing in an area where it is most needed while still making a

difference for the city as a whole.

 Councilmember Ortiz spoke in support of the proposed CID and thanked the Developer

for his investment in Topeka. She expressed her excitement in the positive impact the

development will have on surrounding neighborhoods.

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

Councilmember Kell carried unanimously. (8-0-0)

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

Ortiz, Banks, Kell, Miller, Bradberry, Hoferer and Mayor Duncan -8.

 APPROVAL of CONTRACT NO. 53453 a Development Agreement between the City of

Topeka and California Crossing, LLC, was presented.


 02-03-26
 33
 Braxton Copley, Deputy City Manager, stated approval would outline the terms and

conditions between parties on how the CID will function. He noted there are 12 potential phases

to the development.

 Henry McClure urged the Governing Body to amend the proposal to implement a 2%

sales tax while considering the market that has been created and the community developed.

 Councilmember Hiller poke in support of the project. She thanked the Developer and

Staff for reaching an agreement to build an anchor for southeast.

 Councilmember Bradberry moved to approve the Development Agreement. The motion

seconded by Councilmember Hiller carried unanimously. (8-0-0)

 ORDINANCE NO. 20634 introduced by City Manager Dr. Robert M. Perez, concerning

parking in city-owned and operated parking infrastructure, amending Sections 10.60.390 of the

Topeka Municipal Code, was presented.

 Braxton Copley, Deputy City Manager, stated the parking leases being considered next on

the agenda will need the parking code amendments to be considered for approval in the proposed

ordinance.

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

Councilmember Hoferer carried. Councilmember Kell voted “no.” (6-1-0) The mayor does not

vote. The ordinance is a matter of home rule in which the mayor has veto authority.

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

Ortiz, Banks, Miller, Bradberry and Hoferer -6. Naes: Councilmember Kell – 1.

 APPROVAL of CONTRACT NO. 53454, a Lease Agreement between the City of Topeka

and Jayhawk Tower Partners, LLC for the lease of parking spaces in the City owned and

operated public parking garages located at 635 Jackson Street, commonly known as the
 02-03-26
 34
Uptowner Parking Garage, and 512 SW Jackson Street, commonly known as the 512 Garage,

was presented.

 Braxton Copley, Deputy City Manager, stated approval will allow the execution of the

parking garage lease agreement for 100 parking spaces in the Uptowner Parking Garage, and 50

parking spaces in the 512 Garage or in the next closest available. He reported the condition of the

sale of real estate for the construction of Project View includes a request by Jayhawk Tower

Partners for discounted parking in City garages close to Jayhawk Tower. Upon the execution of

the parking garage lease agreement, the City leases the following parking spaces to Jayhawk

under these terms: Uptowner Garage: 100 spaces provided free for 10 years; thereafter $40 per

space/month, increasing 3% every 5 years, for a total term of 25 years. 512 Garage: 50 spaces

provided free for 10 years, subject to availability; thereafter $40 per space/month, increasing 3%

every 5 years, for a total of 25 years. If fewer than 50 spaces are available, the City and Jayhawk

may designate spaces in the nearest City garage, with preference to the 512 Garage. Crosby

Garage: Existing agreements continue, including KDOC’s use of 50 spaces, with Jayhawk

leasing a minimum of 50 spaces at the City’s established fee schedule. Additional spaces leased

by Jayhawk follow the same schedule. This does not modify prior agreements. The term for

Uptowner and 512 Garages begins with Project Construction and extends for 25 years as

described.

 Henry McClure spoke about the importance of the deal and believes it will be great for

downtown. He asked the Governing Body to consider selling the parking garages based on

overall revenue generated with the goal of reducing debt and figuring out new ways to generate

new revenue.


 02-03-26
 35
 Councilmember Kell spoke in opposition to the proposal because he believes in the long

term it will have a negative impact on the Parking fund. He spoke in support of selling City

parking garages.

 Councilmember Hiller spoke in support of the project because she believes it will be a

game changer for downtown; however, she has struggled with the parking proposals for the

project based on an overall parking plan for downtown.

 Mayor Duncan spoke to the positive economic development impact of the overall project

resulting in approximately 500 new housing units in the downtown area. He stated he would

support the proposal.

 Councilmember Kell stated he believes that as a City they need to work to revitalize

downtown from a business aspect.

 Councilmember Hiller reported on what she considered downtown as going through its

third business stall, and she continues to work with Downtown Topeka, Inc., by looking at the

overall parking plan and how to attract merchants.

 David Wingerson, Project View Developer, stated he understands the concerns expressed

by the Governing Body regarding the turnover of merchants in the area. He spoke highly of the

positive impact residential housing will have on the Downtown Topeka area and the city of

Topeka as a whole.

 Robert Flaherty, Flaherty & Collins Properties, spoke to their commitment to ambitious

projects such as Project View. He stated in terms of the parking proposals this was a struggle

across the country, and the project housing stock will supplement the shift when there is a

negative change in single use office space districts.


 02-03-26
 36
 Mayor Duncan moved to approve the Lease Agreement The motion seconded by

Councilmember Hiller carried. Councilmember Kell voted “no.” (7-1-0)

 APPROVAL of CONTRACT NO. 53455, a Memorandum of Understanding between the

City of Topeka and Topeka FC 1, LLC for the lease of 192 parking spaces in the City owned and

operated public parking garage located at 635 Jackson Street, Topeka, Kansas 66603, commonly

referred to as the Uptowner Parking Garage, which contains parking spaces and

office/workspace, was presented.

 Braxton Copley, Deputy City Manager, reported the terms of the parking garage lease

provides Topeka FC 1, LLC with the right to lease up to 192 parking spaces in the Uptowner

Parking Garage. In consideration of the lease of parking spaces, Topeka FC 1, LLC agrees to pay

a fee schedule as follows: (1) Years 1-5: $0.00 per Parking Space per month (2) Years 6-35:

$40.00 per Parking Space per month, and (3) 3% increase every five years thereafter for a term

of thirty-five 35 years, totaling $2.9 million in revenue.

 Mayor Duncan moved to approve the Memorandum of Understanding. The motion

seconded by Councilmember Ortiz carried. Councilmember Kell voted “no.” (6-1-0)

 APPROVAL of CONTRACT NO. 53456, authorizing the Execution of a Real Estate

Purchase Agreement between the City of Topeka (Buyer) and Topeka FC 1, LLC (Seller) for the

conveyance of real estate by warranty deed, was presented. The property involved includes the

parcels commonly known as Tract I: 209 SW 6th Ave.; Tract II: 201 SW 6th Ave.; Tract III: 615

SW Jackson St.; and Tract IV: 619 SW Jackson St., each of which is legally described in the

agreement.

 Braxton Copley, Deputy City Manager reported Topeka FC 1, LLC is the developer of

the Project View RHID development, the closing and payment for this transaction shall occur
 02-03-26
 37
upon the Seller obtaining the full building permit for the Project View apartment building. The

purchase price for real estate is $1,150,00, and after the City takes title to the property, it shall

lease the property to the Seller for $1.00 per year for a 25-year term commencing at closing.

Upon the earlier expiration of the lease term or the Seller’s receipt of all RHID reimbursable

expenses, the title shall be conveyed to the Seller for $1.00, provided there is no default under

the Development Agreement and the property has been properly maintained. The property

includes Tract I: 209 SW 6th Ave.; Tract II: 201 SW 6th Ave.; Tract III: 615 SW Jackson St.; and

Tract IV: 619 SW Jackson St., Topeka, Kansas, as legally described in the Agreement.

 Councilmember Ortiz moved to approve the Memorandum of Understanding. The motion

seconded by Councilmember Banks carried. Councilmember Kell voted “no.” (7-1-0)

 PUBLIC HEARING

 A Public Hearing to consider the establishment of the Project View Reinvestment
 Housing Incentive District (RHID) district and the adoption of the Plan, was presented.

 ORDINANCE NO. 20635 introduced by City Manager Dr. Robert M. Perez, establishing

a Reinvestment Housing Incentive District (RHID) for Project View District; and adopting a plan

for the development of housing and public facilities in the RHID, was presented.

 APPROVAL of CONTRACT NO. 53457, a Development Agreement between Topeka FC

1, LLC an Indiana Limited Liability Company and the City of Topeka for the Project View

RHID, was presented.

 Braxton Copley, Deputy City Manager reported Topeka FC 1, LLC, has applied for

reinvestment housing incentives pursuant to the Reinvestment Housing Incentive District Act.

 David Wingerson, Project View Developer, and Robert Flaherty, Flaherty & Collins

Properties, provided a short presentation on the details of the proposed project consisting of 192

 02-03-26
 38
market rate multifamily units, approximately 6,000 square feet of unique to market indoor and

outdoor amenity space, and an additional 2,500 square feet of commercial space. The unit mix

will consist of approximately 28 studio units, averaging 480 square feet, 102 one-bedroom units

averaging 775 square feet, 36 two-bedroom units averaging 1083 square feet and 26 two

bedrooms averaging 1400 square feet.

 Councilmember Kell encouraged the developer to push for a grocery store in the

commercial space within the development.

 Robert Flaherty recognized the need for a grocery store in the area; however, as

developers they will work to secure businesses that would attract residents to the complex and

support their needs as well as the surrounding area.

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

would like to speak to the matter.

 Upon no one appearing the public hearing was closed.

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

Hiller carried unanimously. (8-0-0)

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

Ortiz, Banks, Kell, Miller, Bradberry, Hoferer and Mayor Duncan -8.

 Mayor Duncan moved to approve the development agreement. The motion seconded by

Councilmember Bradberry carried unanimously. (8-0-0)

 SELECTION of Council Member to fill the unexpired term of Council District No. 8,

was presented.

 Mayor Duncan provided opening statements and welcomed the candidates. He stated

interviews would be conducted in the order applications were received in the City Clerk’s Office
 02-03-26
 39
(1) Chris Phelps (2) Jeffrey J. Coen and (3) Murray McGee. Each candidate will provide an

opening statement, not to exceed 4 minutes. Each Governing Body member will then be

provided with the opportunity to ask an interview question. Interview Questions will be asked in

District Order. Each candidate will be allowed up to 2 minutes to answer each question.

 Chris Phelps, Jeffrey J. Coen and Murray McGee provided opening remarks and

answered the following questions:

 1. Mayor Spencer Duncan: Explain how you handle conflict and how you envision
 working with District 8 constituents.
 2. Councilmember Karen Hiller: A priority right now for Topeka is redevelopment -
 both residential and commercial. Please name two or three things you think we could
 do to address that compelling priority.
 3. Mayor Spencer Duncan on behalf of Councilmember Christina Valdivia-Alcala: Do
 you believe you have the capacity to cast votes that may go against the "status quo"
 and the majority of the council but are what you believe is best for those you serve
 and within the ability of the City of Topeka to make happen?
 4. Councilmember Sylvia Ortiz: Since District 8 does not have Neighborhood
 Improvement Association meetings, how do you plan to involve residents in the
 decision-making process in our city?
 5. Councilmember David Banks: Topeka has many exempt properties which shift the
 property tax burden to business and property owners such as state, federal, county and
 city buildings, not for profits, hospitals, etc. What ideas do you have for expanding
 our tax base?
 6. Councilmember Brett Kell: If you could fix one problem in Topeka, what would that
 problem be and how would you go about fixing it?
 7. Councilmember Marcus Miller: The general public can never be underestimated with
 their knowledge of how things work, but they also don’t always have the ability to see
 past their own experiences. When dealing with constituents, will you be able to take a
 person’s thoughts and opinions with an open mind, without making public statements
 that are one-sided and/or intentionally ill-informed?
 8. Councilmember Michelle Bradberry: What information do you believe the public is
 entitled to by default, and under what circumstances, if any, do you believe
 withholding information from residents is justified?
 9. Councilmember Michelle Hoferer: Each of us bring a unique set of skills to the
 council, for example, I am a professional engineer, was a member of the Planning
 Commission and am a small business owner and Councilmember Banks is a former
 firefighter. What skills, experience and background do you possess that make you a
 good candidate and how would you utilize those skills for the benefit of the council as
 a whole?

 02-03-26
 40
 Mayor Duncan announced the interviews were complete. He asked the Governing Body

if they were ready to vote on the vacancy or if they would prefer to defer the vote until the

Governing Body Meeting of February 10, 2026. It was the consensus of the Governing Body to

vote on the vacancy and not delay the process.

 Following a 10-minute recess, Mayor Duncan asked the Governing Body if there was any

objection to Councilmember Miller casting a voice vote.

 The Governing Body expressed no objection to allowing Councilmember Miller to cast a

voice vote.

 Mayor Duncan instructed each Governing Body member to vote for one candidate using

a ballot provided by the City Clerk. He stated the balloting process will continue until such time

as a minimum of five (5) votes is secured for one or more candidates.

 After tallying the vote, the City Clerk announced Murray McGee received eight (8) votes

and would serve as the newly appointed Council District No. 8 representative.

 Councilmember Miller left the meeting.

 PUBLIC COMMENT was received via email from Keely Addington (Attachment A) and

provided by the following individual:

 Henry McClure distributed a copy of a memorandum from the Greater Topeka Chamber

of Commerce and GO Topeka dated September 5, 2003, requesting that the Kansas Department

of Transportation perform a Break-In-Access Study for a SW 49th Street interchange. He

volunteered as a resource to the community and Governing Body as it relates to his years of

experience with economic development. He requested that City Manager Perez be removed from

serving on the GO Topeka Board of Directors as he believes it would be considered a conflict of


 02-03-26
 41
interest. He expressed his discontent with the economic development deals that are taking place

and believes they are unfair.

 ANNOUNCEMENTS BY THE CITY MANAGER, MAYOR AND MEMBERS OF THE

COUNCIL:

 Brenda Younger, City Clerk, announced a Topeka Development Corporation Board of

Directors meeting would be conducted on February 10, 2026, in the City Council Chambers at

5:00 p.m. She provided an overview of the February 10, 2026, Governing Body meeting agenda.

 Councilmember Banks thanked the Topeka Fire Department for their assistance in a

recent house fire that took place January 16, 2026, that resulted in four deaths.

 Councilmember Hiller thanked citizens and staff for their hard work.

 Councilmember Ortiz welcomed Murray McGee and stated she looks forward to serving

the city with him.

 Mayor Duncan thanked staff for providing input on legislative matters. He expressed his

appreciation to the candidates that applied for the District No. 8 vacancy and encouraged them to

continue to remain engaged in city business.

 NO FURTHER BUSINESS appearing the meeting adjourned at 9:15 p.m.


 (SEAL)

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




 02-03-26
 42
Attachment A