Governing Body — Topeka, KS
Date: 2025-03-11

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




 Governing Body Agenda
 March 11, 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. APPOINTMENTS:
 A. Board Appointment - NOTO Business Improvement District Advisory Board - P. Concepcion

 BOARD APPOINTMENT recommending the appointment of Pedro Concepcion to the NOTO
 Business Improvement District Advisory Board to fill a term ending March 11, 2027. (Council
 District No. 2)

3. PRESENTATIONS:
 Metropolitan Topeka Airport Authority Annual Update
 Parks and Recreation Update
4. CONSENT AGENDA:
 A. MINUTES of the regular meeting of March 4, 2025
 B. APPLICATIONS:

5. ACTION ITEMS:
 A. Ordinance - University Liquor Exemption

 ORDINANCE introduced by City Manager Dr. Robert M. Perez, exempting certain
 requirements in K.S.A. 41-710 concerning distances of retail liquor stores in relation to
 schools, colleges or churches.

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

 (Approval will allow the operation of a liquor store at 1700 SW Washburn Avenue within 200 feet of
 Washburn University.)

 B. Resolution - SW 21st Street and Randolph Avenue Traffic Signal Replacement Project No.
 141037.02

 RESOLUTION introduced by the Public Infrastructure Committee comprised of
 Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of Project
 No. 141037.02 for Traffic Signal Replacement at SW 21st Street and Randolph Avenue. (Public
 Infrastructure Committee recommended approval on February 18, 2025.)

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

 (Total project budget of $443,029 for Traffic Signal Replacement at SW 21st Street and Randolph
 Avenue.)

 C. Resolution - NW Menninger Road from NW Green Hills Road to NW Rochester Road Project
 No. 841097.06 and 501105.16

 RESOLUTION introduced by the Public Infrastructure Committee comprised of
 Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of Project
 Nos. 841097.06 and 501105.16 for street and utility improvements for NW Menninger Road from
 NW Green Hills Road to NW Rochester Road. (Public Infrastructure Committee recommended
 approval on February 18, 2025.)

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

 (Total project budget of $845,000 for street and utility improvements for NW Menninger Road from
 NW Green Hills Road to NW Rochester Road.)

 D. Resolution - SW Roosevelt Street from 8th Avenue to 6th Avenue Project No. 841097.16 and
 501105.09

 RESOLUTION introduced by the Public Infrastructure Committee comprised of
 Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of Project
 Nos. 841097.16 and 501105.09 for street and utility improvements for SW Roosevelt Street from
 8th Avenue to 6th Avenue. (Public Infrastructure Committee recommended approval on February
 18, 2025.)
 Voting Requirement: Action requires at least six (6) votes of the Governing Body.

 (Total project budget of $654,371 for street and utility improvements for SW Roosevelt Street from
 8th Avenue to 6th Avenue.)

 E. Resolution - SE Greenfield Court Project No. 841097.11

 RESOLUTION introduced by the Public Infrastructure Committee comprised of
 Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of Project
 No. 841097.11 for street improvement on SE Greenfield Court. (Public Infrastructure Committee
 recommended approval on February 18, 2025.)
 Voting Requirement: Action requires at least six (6) votes of the Governing Body.

 (Total project budget of $258,000 for street improvement on SE Greenfield Court.)

6. NON-ACTION ITEMS:
 A. Discussion - LB Lots, LLC - Reinvestment Housing Incentive District (RHID) Application

 DISCUSSION of an application submitted by LB Lots, LLC to establish a Reinvestment
 Housing Incentive District and requesting that the Secretary of Commerce review the
 resolution and advise the Governing Body.

 (Discussion no taking the first step in establishing a reinvestment housing incentive district
 by adopting certain findings and submitting them to the Kansas Secretary of Commerce for
 review.)

7. 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/.
8. ANNOUNCEMENTS:
9. 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.)
10. ADJOURNMENT:
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 March 11, 2025


DATE: March 11, 2025
CONTACT PERSON: Mayor Michael A. Padilla DOCUMENT #:
SECOND PARTY/SUBJECT: Noto Business PROJECT #:
 Improvement District
 Advisory Board
CATEGORY/SUBCATEGORY 006 Communication / 005 Other
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

BOARD APPOINTMENT recommending the appointment of Pedro Concepcion to the NOTO Business
Improvement District Advisory Board to fill a term ending March 11, 2027. (Council District No. 2)

VOTING REQUIREMENTS:
At least five (5) votes of the City Council is required. Mayor does not vote.
POLICY ISSUE:
The purpose of the NOTO Business Improvement District Advisory board (BID) is to monitor and oversee
services provided pursuant to the business improvement district act. The board shall conduct its business in
accordance with City Code.
STAFF RECOMMENDATION:
Mayor Padilla nominates and recommends the appointment of Pedro Concepcion to the NOTO Business
Improvement District Advisory Board (BID) to fill a term ending on March 11, 2027.
BACKGROUND:
This is a statutory board wherein the Mayor nominates and the Council has final approval. The NOTO Business
Improvement District Advisory Board shall consist of five members representing businesses located in the district.
Two members shall serve a one year term and three members shall serve a two year term and there are no term
limits.
BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Not Applicable.

ATTACHMENTS:
Description
P. Concepcion - Application & Resume
City of Topeka Boards and Commissions
Application
Submitted on 13 February 2025, 1:31PM

Receipt number 338

Related form version 9



Profile
First Name PEDRO


Last Name CONCEPCION


Email Address pedro@thewheelbarrel.com


Street Address 1624 n Jewell street


Suite or Apt


City TOPEKA


State Kansas


Zip 66604


Are you a resident of the City of Topeka? Yes


What district do you live in? District 6


Primary Phone 7852189146


Alternate Phone


Employer Noto Arts & Entertainment District


Job Title CEO


Which Board would you like to apply for? NOTO Business Improvement District Advisory Board


Are you a registered voter? Yes


Are you currently a full or part-time employee of the City of No
Topeka?


Which department do you work for?



 1 of 3
Are you or any immediate family member related to any city No
governmental official or employee?


Who are you related to and how are you related?


Are you or have you been a party to any civil litigation No
involving the City of Topeka?


Please explain the litigation and your role in it:


Are you delinquent in payment of any taxes, fees, fines, or No
special assessments owed to the State of Kansas, Shawnee
County or the City of Topeka?


Please explain your delinquent payment situation.


Please state why you are interested in serving on this board or I am deeply passionate about NOTO and the vital role it plays in
commission: fostering creativity, culture, and economic growth in our community. As
 someone who has been actively involved in its development, I have
 witnessed firsthand the positive impact that the arts and small
 businesses have on Topeka. Serving on this board would allow me to
 contribute my experience, vision, and leadership to further NOTO’s
 growth, ensuring it remains a thriving, inclusive, and innovative district. I
 am committed to strengthening partnerships, supporting local artists and
 entrepreneurs, and driving initiatives that sustain and elevate NOTO for
 years to come.



Interests & Experiences
Please describe your education, experience, and expertise I have been honored to be nominated for Topeka’s Top 20 Under 40,
including any honors, awards, civic, cultural, charitable or recognizing my leadership and dedication to the community. My civic
professional organization memberships that relate to the engagement includes serving on the Homeless Initiative Task Force.
position you are seeking. Additionally, I serve on the Riverfront Board, working to enhance
 Topeka’s waterfront as a vibrant and sustainable space for the
 community. I am committed to personal and professional growth, always
 striving to better myself for the benefit of my district and the city as a
 whole.


List any professional licenses you hold in Kansas and advise if I don't have any special licenses
they are current. (We reserve the right to request a copy of
your license prior to approval of your appointment.)


**Please upload a resume or any additional information you
believe may be helpful in considering your application.



Voluntary Self Identification
Ethnicity Hispanic


Gender Male



Acknowledgements and Verification
Purpose of Information being submitted. I Agree


 2 of 3
The information I am submitting is true and correct. I Agree


Your electronic signature




 Link to signature


Alternative electronic signature


Notification to applicants for City Board/Commissions Please be advised that your application and any documents that you
 attach are public records and, as such, are available to the public, upon
 request, pursuant to the Kansas Open Records Act.

 If you are appointed to the position, your application and resume will be
 included in the governing body meeting agenda which is posted online.




 3 of 3
 PEDRO CONCEPCION
 BUSINESS DEVELOPER / MEDIA CONTENT CREATOR


P R O FILE C A R EER SUMMA R Y
 I love Topeka and everything it has to offer. I Owner of K.I.T Solutions
 was raised in Chicago but fell in love with Developer for existing and new businesses with K.I.T
 Solutions 2018-Present
 Topeka very quickly. I truly believe this city is www.kitsolutiongroup.com
 going trough a renaissance and I'm excited to
 help it reach its potential. Developed new business models for all types of
 clients from restaurants to boutiques
S K I L LS Assist new and existing business on organic and
 Detail oriented and organized, with strong paid growth.
 Assist in creating programs to assist clients
 communication skills.
 Example: Call A friend, Coffee On Us, Let's Talk
 Ability to learn quickly, prioritize, and multitask Strategy
 within a deadline driven environment. Assist clients in ways to find the resources or
 Positive, outgoing, and dependable team player. income to help their business
 Create partnerships to maximize business owner
 growth
E D U CATIONAL T R A I N I N G Coordinate social media and content for new and
 existing clients
 Associates Degree in Applied Science
 Analyze possibilities of investment for the
 The Art Institute Of Chicago, 2005-2007 company
 Fluent in Spanish and English
 Part Owner of Onyx Salon & Wellness Spa 2017-
C H A RACTER RE F E R E N C E S Present
 www.onyxnoto.com
 Bob Ross- Senior Vice President of Marketing & Manage all aspects of the business, including:
 Communication- (785)-554-9390 sales, budget management, scheduling, purchase
 orders, special events, inventory, supplies, e-mail,
 social media, marketing, store/building
 Thomas Underwood- Director of Noto Art & maintenance, and displays.
 Entertainment District- (785) 408-8996
 Part Owner of Onyx Wellness Cafe 2020-Present
 Jenny Torrence- Owner, Pinkadilly, Noto Burrito, www.onyxnoto.com
 Manage all aspects of the business, including:
 and Serendipity (785)-438-8088 sales, budget management, scheduling, purchase
 orders, special events, inventory, supplies, e-mail,
C O M MUNITY SE R V I C E
 social media, marketing, store/building
 Noto Board Member-Current maintenance, and displays.
 Forge Board Member-Former
 Aims Strategies 2017-2019
 Momentum 2022 Board Member-Former aimstrategiesllc.com
 Create profitable models for the restaurants from
H O W TO REACH M E food menu to kitchen staffing (The Pennant)
 managed 22 kitchen employees to execute daily
 Phone: 785 218-9146 tasks
 Email: kitsolutionstopeka@gmail.com Created kitchen layout and logistics to
 succesfully launch restaurant
 Address: 920 N Kansas Ave Topeka, KS 66608
 LinkedIn: @Pedro Concepcion
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 March 11, 2025


DATE: March 11, 2025
CONTACT PERSON: Curtis Sneden, Director DOCUMENT #:
 of Development;
 Amanda Stanley, City
 Attorney
SECOND PARTY/SUBJECT: MTAA Annual Update PROJECT #:
 and Parks and
 Recreation Update
CATEGORY/SUBCATEGORY
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:
 Metropolitan Topeka Airport Authority Annual Update
 Parks and Recreation Update
VOTING REQUIREMENTS:
POLICY ISSUE:
STAFF RECOMMENDATION:
BACKGROUND:
BUDGETARY IMPACT:
SOURCE OF FUNDING:

ATTACHMENTS:
Description
Aviation in SNCO Presentation
Parks and Recreation Presentation
 Aviation in Shawnee County




Mike Munson, Eric Johnson &
 Curtis Sneden
 March 11, 2025
• MTAA created by City of Topeka in 1974 following
  deactivation of Forbes Air Force base

• In 1978, City-County airport authority created to:


  Acquire, own, maintain, operate,
  improve and dispose of … properties
  … essential, suitable or desirable
  for the development, improvement,
  operation and maintenance of public
  airport facilities.
 MTAA is responsible for:



 Topeka Philip
Regional Billard
 Airport Airport

 Topeka Regional
 Business Center
 MTAA Board of Directors

 Mike
 Brian Michael Carlos
Munson, Sam Sutton
 Armstrong Odupitan Cortez
 Chair
Appointed by the County Appointed by the City


 Eric
 Johnson,
 President
 MTAA Board of Directors

  Mike
 Brian Michael Carlos
Munson,
 In 2025, MTAA Board: Sam Sutton
 Armstrong Odupitan Cortez
  Chair
 • Updated Bylaws
Appointed by the County Appointed by the City
 • Adopted a Code of Conduct

 • Established New Committees –Eric
 Budget & Finance, Economic
 Development, Operations & Johnson,
 Maintenance
 President
 MTAA Team
 Eric
 Johnson,
 President


Police & Billard Admin &
 Airport Maint. EcoDevo
  Fire Services Finance
 Ops (12) (2)
  (31) (6) (4)
 Sources ofRevenue
 Sources of  Revenue

 Manage
  Properties
  assets to
 Property available to all
  optimize return Tax types of
  on tax dollars
 aeronautical
 Rent, Fuel
 Fees, Etc. activity
 Work toward
  financial self-
  sustainability
 Update: Philip Billard Airport
 New Terminal Building & SKY Restaurant
 Fixed-Based Operator - increased military
  traffic
 Improved and expanded maintenance
  operation
 T-Hangar repairs and restorations
 Ahead: Philip Billard Airport
 Flight Academy
 New Fuel Farm with Self-fueling
 Multiple Runway and Taxiway
  Improvements
 Complete Perimeter Fence
 Update: Topeka Regional
 New Fuel Farm
 Taxiway Alpha-Delta Project
  nearing completion – linkage to
  KC 46
 2024 Thunder Over the Heartland
 Vaerus Expansion
 Growth in rental income
 Ahead: Topeka Regional
 Ongoing Renovations
 Office remodel
 OLDCC & Kansas Dept. of
  Commerce
 Ahead: Topeka Regional
 MRO Hangar Project
 Commercial Air Service
Questions?
 Parks and Rec
Topeka and Shawnee County Consolidation
History 2


After discussions over a span of several years (1991, 1994,
2003) regarding the potential consolidation of the City and
County parks and recreation departments, a joint City-
County resolution and contract was approved in the
summer of 2011 expressing the intention of the governing
bodies to consolidate their parks and recreation
departments effective January 1, 2012.

City of Topeka Resolution No. 8357 and Shawnee County Resolution No. 2011-129
City of Topeka Contract No. 41460 and Shawnee County Contract No. C304-2011
Intentions of Consolidation 3


• To eliminate duplication that existed in the operations,
  procedures and functions of the parks and recreation
  departments to more efficiently and effectively serve the
  needs of the constituents by consolidating the City of
  Topeka Parks and Recreation Department and Cypress
  Ridge Golf Course with the Shawnee County Parks and
  Recreation Department
• The Plan Excluded the Topeka Zoological Park and the
  Forestry Division
 4


• The contract provided for the conveyance of parks property,
 the process for transferring personnel, the creation of the
 parks and recreation advisory board and funding
 expectations.
• All park property was conveyed subject to a restriction that
 the property shall be used only for park and / or recreational
 purposes
• All deeds contain a reversionary clause to require the
 property revert back to the city if no longer used as a park
 and/or recreational purposes or if it is proposed to be sold or
 otherwise conveyed by the County; special language with
 Gage Park to comply with deed restrictions
 5


• After 1/1/2012, the County became solely responsible for
  all maintenance and upkeep of the properties
  transferred
• County also responsible for the administration of the
  acquisition of parkland or parkland development fees
  pursuant to TMC 18.40.130
• City responsible for continued ordinance enforcement
  and law enforcement service
• Provisions were made for the transfer of City funds
  associated with the parks and for continued financial
  operational support through 2015
 6


Amendment 1 - Changes to the Shawnee County Parks
and Recreation Advisory Board
City of Topeka Contract No. 41525 and Shawnee County Contract No. C313-2011
• Increases the total number of members of the board from 7 to 15; 9
  are appointed by City Council; 6 appointed by County Commission
• Changes the selection process from mayoral appointment to
  appointment by the Council, with each council member nominating
  one person
• Created staggered terms of office
• All terms end in July of the respective year and members shall not
  serve beyond the end of their appointed term
 7


Amendment 2 – Provisions regarding transferring of
employees
City of Topeka Contract No. 41666 and Shawnee County Contract No. C388-2011
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 March 11, 2025


DATE: March 11, 2025
CONTACT PERSON: Mat Mullen, Senior DOCUMENT #:
 Attorney
SECOND PARTY/SUBJECT: University Liquor PROJECT #:
CATEGORY/SUBCATEGORY 014 Ordinances – Non-Codified / 005 Miscellaneous
CIP PROJECT: No
ACTION OF COUNCIL: Discussion 03-04-25. JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

ORDINANCE introduced by City Manager Dr. Robert M. Perez, exempting certain requirements in
K.S.A. 41-710 concerning distances of retail liquor stores in relation to schools, colleges or churches.

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

(Approval will allow the operation of a liquor store at 1700 SW Washburn Avenue within 200 feet of Washburn
University.)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to approve the exemption allowing for the operation of a liquor store.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the ordinance.
BACKGROUND:
Business was denied a retail liquor license because state law prohibits liquor stores from operating within 200 feet
of a school, college or church. However, there is a provision that provides the governing body of the municipality
the power to allow, by ordinance, the business to operate.
BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Not Applicable

ATTACHMENTS:
Description
Ordinance - University Liquor exemption
 1 (Published in the Topeka Metro News _______________________)
 2
 3 ORDINANCE NO. _____________
 4
 5 AN ORDINANCE introduced by City Manager Dr. Robert M. Perez, exempting certain
 6 requirements in K.S.A. 41-710 concerning distances of retail liquor
 7 stores in relation to schools, colleges or churches.
 8
 9 WHEREAS, University Liquor leases property located at 1700 SW Washburn

10 Avenue desires to occupy a portion of the building and open a retail liquor store; and

11 WHEREAS, University Liquor applied for a retail liquor license with Kansas

12 Department of Revenue Alcohol Beverage Control and was denied a license due to the

13 location of the building being within 200 feet of Washburn University; and

14 WHEREAS, K.S.A. 41-710 prohibits retail stores, microbreweries,

15 microdistilleries or farm wineries from operating within 200 feet of any public or

16 parochial school or college or church; and

17 WHEREAS, K.S.A. 41-710(d) grants a City the ability by ordinance to allow a

18 retailer, microbrewery, microdistillery or farm winery not meeting the 200 feet distance

19 requirement to operate if located in a core commercial district; and

20 WHEREAS, the property at 1700 SW Washburn Avenue is located in a C-2

21 Commercial District and, pursuant to TMC Section 18.60.010, “liquor sales, packaged

22 goods” is an allowed use on property zoned C-2 Commercial; and

23 WHEREAS, the Governing Body, upon the recommendation of City staff, desires

24 to allow the operation of a retail liquor store at 1700 SW Washburn Avenue pursuant

25 K.S.A. 41-710(d).

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

27 Section 1. The Governing Body finds that 1700 SW Washburn Avenue is




 ORD/Retail Liquor Exemption 02/17/2025 1
28 located in a “core commercial district” as defined by K.S.A. 12-17,122(b).

29 Section 2. The Governing Body, pursuant to K.S.A. 41-710(d), waives the

30 distance requirement for the operation of a retail liquor store within 200 feet of any

31 public or parochial school or college or church and by ordinance allows such retail liquor

32 store to operate at the address of 1700 SW Washburn Avenue.

33 Section 3. This ordinance shall take effect and be in force from and after its

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

35 Section 4. This ordinance shall supersede all ordinances, resolutions or rules,

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

37 Section 5. Should any section, clause or phrase of this ordinance be declared

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

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

40 PASSED AND APPROVED by the Governing Body on ____________________.
41
42 CITY OF TOPEKA, KANSAS
43
44
45
46 __________________________________
47 Michael A. Padilla, Mayor
48 ATTEST:
49
50
51
52 ________________________________
53 Brenda Younger, City Clerk




 ORD/Retail Liquor Exemption 02/17/2025 2
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 March 11, 2025


DATE: March 11, 2025
CONTACT PERSON: Steve Groen, Public DOCUMENT #:
 Works Director
SECOND PARTY/SUBJECT: Traffic Signal PROJECT #: 141037.02
 Replacement SW 21st
 Street and Randolph
 Avenue
CATEGORY/SUBCATEGORY 020 Resolutions / 004 Public Improvements
CIP PROJECT: Yes
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

RESOLUTION introduced by the Public Infrastructure Committee comprised of Councilmembers Sylvia
Ortiz, David Banks and Neil Dobler recommending approval of Project No. 141037.02 for Traffic Signal
Replacement at SW 21st Street and Randolph Avenue. (Public Infrastructure Committee recommended
approval on February 18, 2025.)

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

(Total project budget of $443,029 for Traffic Signal Replacement at SW 21st Street and Randolph Avenue.)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to adopt the Public Infrastructure Committee’s recommendation.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the resolution.
BACKGROUND:
The Governing Body adopted a Resolution approving the 2024-2033 Capital Improvement Program and the 2024-
2026 Capital Improvement Budget (Resolution No. 9425). The Resolution requires Governing Body approval for
projects that are ready for construction and whose total project budget exceeds $250,000. At its meeting on
February 18, 2025, the Public Infrastructure Committee recommended approval of project no.141037.02 for
Traffic Signal Replacement at SW 21st Street and Randolph Avenue.
BUDGETARY IMPACT:
$443,029
SOURCE OF FUNDING:
General Obligation Bonds

ATTACHMENTS:
Description
Resolution & Exhibit A
PI Committee Referral Report (February 18, 2025)
PI Committee Meeting Minutes Excerpt (February 18, 2025)
SW 21st St.& Randolph Map
 1 RESOLUTION NO. ___________
 2
 3 A RESOLUTION introduced by Public Infrastructure Committee comprised of
 4 Councilmembers Sylvia Ortiz, David Banks and Neil Dobler
 5 recommending approval of Project No. 141037.02 for Traffic Signal
 6 Replacement at SW 21st Street and Randolph Avenue.
 7
 8 WHEREAS, the Governing Body adopted a Resolution approving the 2025-2034

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

10 9520); and

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

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

13 WHEREAS, on February 18, 2025, the Public Infrastructure Committee

14 recommended approval of the project(s).

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

16 CITY OF TOPEKA, KANSAS, that Project No. 141037.02 for Traffic Signal Replacement at

17 SW 21st Street and Randolph Avenue, as further described in Exhibit A is hereby

18 approved.

19 ADOPTED and APPROVED by the Governing Body on _____________________.

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




 RES/2025 CIP Projects Exceeding $250,000
 141037.02 Traffic Signal Replacement 21st & Randolph
 2/18/2025
EXHIBIT A
 COMMITTEE REFERRAL SHEET
 COMMITTEE REPORT
 Name of Public Infrastructure
 Committee:

 Title: RESOLUTION – recommending funding allocations for the
 2025 Traffic Signal Project - SW 21st & Randolph Project No.
 141037.02

Date referred
from Council
 meeting:

Date referred February 18, 2025
 from
 Committee:

  Committee MOTION: Committee member Ortiz made a motion to
 Action: approve the request. Committee member Dobler seconded.
 Approved 3-0-0.

  Comments:

Amendments:


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

Agenda Date March 11, 2025
 Requested:
 CITY OF TOPEKA
 CITY COUNCIL Tonya Bailey, Sr Executive Assistant
 City Hall, 215 SE 7th St., Room 255 Tara Jefferies, Sr Executive Assistant
 Topeka, KS 66603-3914 E-mail: councilassist@topeka.org
 (785) 368-3710 www.topeka.org



 EXCERPT
 CITY OF TOPEKA, Topeka, Kansas, Tuesday, February 18, 2025. The Public
Infrastructure Committee members met at 11:00 A.M. with the following Committee members
present: Sylvia Ortiz, David Banks (Chair) and Neil Dobler.

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

 APPROVAL of the Resolution recommending approval of Project No. 141037.02 for
Traffic Signal Replacement at SW 21st Street and Randolph Avenue.


SW 21st St. & Randolph Ave. Project No. 141037.02 (traffic signal)

Public Works Director Steve Groen spoke to the area at SW 21st Street and Randolph Avenue,
the Traffic Signal Replacement Program will provide replacement of the traffic signal. The
project will also include updates to sidewalks, ramps and a pedestrian signal. It will be funded
through the GO Bonds totaling $443,029.

MOTION: Committee member Ortiz made a motion to approve. Committee chair Dobler
seconded. Motion approved 3-0-0.




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




Presented at the March 11, 2025 Governing Body Meeting Page 1
SW 21st St & Randolph

 Project - 141037.02 :




 SNCO GIS
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 March 11, 2025


DATE: March 11, 2025
CONTACT PERSON: Steve Groen, Public DOCUMENT #:
 Works Director
SECOND PARTY/SUBJECT: Street and Utility PROJECT #: 841097.06 and
 Improvements for NW 501105.16
 Menninger Road from
 NW Green Hills Road
 to NW Rochester
 Road.
CATEGORY/SUBCATEGORY 020 Resolutions / 004 Public Improvements
CIP PROJECT: Yes
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

RESOLUTION introduced by the Public Infrastructure Committee comprised of Councilmembers Sylvia
Ortiz, David Banks and Neil Dobler recommending approval of Project Nos. 841097.06 and 501105.16 for
street and utility improvements for NW Menninger Road from NW Green Hills Road to NW Rochester
Road. (Public Infrastructure Committee recommended approval on February 18, 2025.)

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

(Total project budget of $845,000 for street and utility improvements for NW Menninger Road from NW Green
Hills Road to NW Rochester Road.)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to adopt the Public Infrastructure Committee’s recommendation.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the resolution.
BACKGROUND:
The Governing Body adopted a Resolution approving the 2024-2033 Capital Improvement Program and the 2024-
2026 Capital Improvement Budget (Resolution No. 9425). The Resolution requires Governing Body approval for
projects that are ready for construction and whose total project budget exceeds $250,000. At its meeting on
February 18, 2025, the Public Infrastructure Committee recommended approval of project nos. 841097.06 and
501105.16 for street and utility improvements for NW Menninger Road from NW Green Hills Road to NW
Rochester Road.
BUDGETARY IMPACT:
$845,000
SOURCE OF FUNDING:
Citywide Half-Cent Sales Tax, Revenue Bonds, and Operating Funds

ATTACHMENTS:
Description
Resolution & Exhibit A
PI Committee Referral Report (February 18, 2025)
PI Committee Excerpt (February 18, 2025)
NW Menninger Rd Green Hill Rd to Rochester Rd Map
 1 RESOLUTION NO. ___________
 2
 3 A RESOLUTION introduced by Public Infrastructure Committee comprised of
 4 Councilmembers Sylvia Ortiz, David Banks and Neil Dobler
 5 recommending approval of Project Nos. 841097.06 and 501105.16 for
 6 improvements on NW Menninger Road.
 7
 8 WHEREAS, the Governing Body adopted a Resolution approving the 2024-2033

 9 Capital Improvement Program and the 2024-2026 Capital Improvement Budget (Resolution

10 9425); and

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

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

13 WHEREAS, on February 18, 2025, the Public Infrastructure Committee

14 recommended approval of the project(s).

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

16 CITY OF TOPEKA, KANSAS, that Project Nos. 841097.06 and 501105.16 for street and

17 utility improvements for NW Menninger road from NW Green Hills Road to NW Rochester

18 Road, as further described in Exhibit A are hereby approved.

19 ADOPTED and APPROVED by the Governing Body on _____________________.

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



 RES/CIP Projects Exceeding $250,000
 Menninger Road (841097.06; 501105.16)
 2/18/2025
EXHIBIT A
 COMMITTEE REFERRAL SHEET
 COMMITTEE REPORT
 Name of Public Infrastructure
 Committee:

 Title: RESOLUTION – approving allocations for NW Menninger
 Road: Green Hills to Rochester Road Project No. 841097.06
 (street), 501105.16 (stom)

Date referred
from Council
 meeting:

Date referred February 18, 2025
 from
 Committee:

  Committee MOTION: Committee member Ortiz made a motion to
 Action: approve the request. Committee member Dobler seconded.
 Approved 3-0-0.

  Comments:

Amendments:


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

Agenda Date March 11, 2025
 Requested:
 CITY OF TOPEKA
 CITY COUNCIL Tonya Bailey, Sr Executive Assistant
 City Hall, 215 SE 7th St., Room 255 Tara Jefferies, Sr Executive Assistant
 Topeka, KS 66603-3914 E-mail: councilassist@topeka.org
 (785) 368-3710 www.topeka.org



 EXCERPT
 CITY OF TOPEKA, Topeka, Kansas, Tuesday, February 18, 2025. The Public
Infrastructure Committee members met at 11:00 A.M. with the following Committee members
present: Sylvia Ortiz, David Banks (Chair) and Neil Dobler.

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

APPROVAL of the Resolution recommending approval of Project Nos. 841097.06 and
501105.16 for improvements on NW Menninger Road.


NW Menninger Road: Green Hills Rd to Rochester Rd Project No. 841097.06 (street),
501105.16 (storm)

Public Works Director Steve Groen stated the project will consist of mill and overlay with full-
depth patching on NW Menninger Road from Green Hills to Rochester. There be replacement of
a reinforced concrete box and waterline relocation. He added that it will be funded through
Citywide half-cent sales tax and stormwater revenue bonds and operating funds totaling
$845,000.

MOTION: Committee member Ortiz made a motion to approve. Committee chair Dobler
seconded. Motion approved 3-0-0.



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




Presented at the March 11, 2025 Governing Body Meeting Page 1
 NW Menninger Rd
NW Green Hills Rd to NW Rochester Rd

  Project - 841097.06 & 501105.16
 :




 SNCO GIS
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 March 11, 2025


DATE: March 11, 2025
CONTACT PERSON: Steve Groen, Public DOCUMENT #:
 Works Director
SECOND PARTY/SUBJECT: Street and Utility PROJECT #: 841097.16 and
 Improvements SW 501105.09
 Roosevelt Street from
 8th Avenue to 6th
 Avenue
CATEGORY/SUBCATEGORY 020 Resolutions / 004 Public Improvements
CIP PROJECT: Yes
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

RESOLUTION introduced by the Public Infrastructure Committee comprised of Councilmembers Sylvia
Ortiz, David Banks and Neil Dobler recommending approval of Project Nos. 841097.16 and 501105.09 for
street and utility improvements for SW Roosevelt Street from 8th Avenue to 6th Avenue. (Public
Infrastructure Committee recommended approval on February 18, 2025.)

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

(Total project budget of $654,371 for street and utility improvements for SW Roosevelt Street from 8th Avenue
to 6th Avenue.)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to adopt the Public Infrastructure Committee’s recommendation.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the resolution.
BACKGROUND:
The Governing Body adopted a Resolution approving the 2024-2033 Capital Improvement Program and the 2024-
2026 Capital Improvement Budget (Resolution No. 9425). The Resolution requires Governing Body approval for
projects that are ready for construction and whose total project budget exceeds $250,000. At its meeting on
February 18, 2025, the Public Infrastructure Committee recommended approval of project nos.841097.16 and
501105.09 for street and utility improvements for SW Roosevelt Street from 8th Avenue to 6 th Avenue.
BUDGETARY IMPACT:
$654,371
SOURCE OF FUNDING:
Citywide Half-Cent Sales Tax, Revenue Bonds, and Operating Funds

ATTACHMENTS:
Description
Resolution & Exhibit A
PI Committee Referral Report (February 18, 2025)
PI Committee Excerpt (February 18, 2025)
SW Roosevelt 6th Ave to 8th Ave Map
 1 RESOLUTION NO. ___________
 2
 3 A RESOLUTION introduced by Public Infrastructure Committee comprised of
 4 Councilmembers Sylvia Ortiz, David Banks and Neil Dobler
 5 recommending approval of Project Nos. 841097.16 and 501105.09 for
 6 improvements on SW Roosevelt Street.
 7
 8 WHEREAS, the Governing Body adopted a Resolution approving the 2024-2033

 9 Capital Improvement Program and the 2024-2026 Capital Improvement Budget (Resolution

10 9425); and

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

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

13 WHEREAS, on February 18, 2025, the Public Infrastructure Committee

14 recommended approval of the project(s).

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

16 CITY OF TOPEKA, KANSAS, that Project Nos. 841097.16 and 501105.09 for street and

17 utility improvements for SW Roosevelt Street from 8th Avenue to 6th Avenue, as further

18 described in Exhibit A are hereby approved.

19 ADOPTED and APPROVED by the Governing Body on _____________________.

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



 RES/CIP Projects Exceeding $250,000
 841097.16; 501105.09 – Roosevelt Street
 2/14/2025
EXHIBIT A
 COMMITTEE REFERRAL SHEET
 COMMITTEE REPORT

 Name of Public Infrastructure
 Committee:

 Title: RESOLUTION –recommending approval and funding
 allocations for SW Roosevelt St. 8th Ave. to 6th Ave. Project
 No. 841097.16 (street) and 501105.09 (storm)

Date referred
from Council
 meeting:

Date referred February 18, 2025
 from
 Committee:

  Committee MOTION: Committee member Dobler made a motion to
 Action: approve the request. Committee member Ortiz seconded.
 Approved 3-0-0.

  Comments:

Amendments:


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

Agenda Date March 11, 2025
 Requested:
 CITY OF TOPEKA
 CITY COUNCIL Tonya Bailey, Sr Executive Assistant
 City Hall, 215 SE 7th St., Room 255 Tara Jefferies, Sr Executive Assistant
 Topeka, KS 66603-3914 E-mail: councilassist@topeka.org
 (785) 368-3710 www.topeka.org



 EXCERPT
 CITY OF TOPEKA, Topeka, Kansas, Tuesday, February 18, 2025. The Public
Infrastructure Committee members met at 11:00 A.M. with the following Committee members
present: Sylvia Ortiz, David Banks (Chair) and Neil Dobler.

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

 APPROVAL of the Resolution recommending approval of Project Nos. 841097.16 and
501105.09 for improvements on SW Roosevelt Street for street and utility improvements.


SW Roosevelt St. 8th Ave. to 6th Ave. Project No. 841097.16 (street),
501105.09 (storm)

Public Works Director Steve Groen stated the project will consist of mill and overlay including
patching, curb and gutter replacement, sidewalks; funded through the Citywide Half-Cent Sales
Tax. There will also be stormwater repairs completed which will be funded with Revenue Bonds
and Operating Funds. The total project is a $654,371.

MOTION: Committee member Dobler made a motion to approve. Committee chair Ortiz
seconded. Motion approved 3-0-0.




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




Presented at the March 11, 2025 Governing Body Meeting Page 1
  SW Roosevelt St
 8th Ave to 6th Ave

Project - 8410097.16
 :
 & 501105.09




 SNCO GIS
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 March 11, 2025


DATE: March 11, 2025
CONTACT PERSON: Steve Groen, Public DOCUMENT #:
 Works Director
SECOND PARTY/SUBJECT: Street Improvement on PROJECT #: 841097.11
 SE Greenfield Court
CATEGORY/SUBCATEGORY 020 Resolutions / 004 Public Improvements
CIP PROJECT: Yes
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

RESOLUTION introduced by the Public Infrastructure Committee comprised of Councilmembers Sylvia
Ortiz, David Banks and Neil Dobler recommending approval of Project No. 841097.11 for street
improvement on SE Greenfield Court. (Public Infrastructure Committee recommended approval on February
18, 2025.)
Voting Requirement: Action requires at least six (6) votes of the Governing Body.

(Total project budget of $258,000 for street improvement on SE Greenfield Court.)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to adopt the Public Infrastructure Committee’s recommendation.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the resolution.
BACKGROUND:
The Governing Body adopted a Resolution approving the 2024-2033 Capital Improvement Program and the 2024-
2026 Capital Improvement Budget (Resolution No. 9425). The Resolution requires Governing Body approval for
projects that are ready for construction and whose total project budget exceeds $250,000. At its meeting on
February 18, 2025, the Public Infrastructure Committee recommended approval of project no. 841097.11 for
street improvement on SE Greenfield Court.
BUDGETARY IMPACT:
$258,000
SOURCE OF FUNDING:
Citywide Half-Cent Sales Tax

ATTACHMENTS:
Description
Resolution & Exhibit A
PI Committe Referral Report (February 18, 2025)
PI Committee Excerpt (February 18, 2025)
SE Greenfield Ct Map
 1 RESOLUTION NO. ___________
 2
 3 A RESOLUTION introduced by Public Infrastructure Committee comprised of
 4 Councilmembers Sylvia Ortiz, David Banks and Neil Dobler
 5 recommending approval of Project No. 841097.11 for street
 6 improvements on SE Greenfield Court.
 7
 8 WHEREAS, the Governing Body adopted a Resolution approving the 2024-2033

 9 Capital Improvement Program and the 2024-2026 Capital Improvement Budget (Resolution

10 9425); and

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

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

13 WHEREAS, on February 18, 2025, the Public Infrastructure Committee

14 recommended approval of the project(s).

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

16 CITY OF TOPEKA, KANSAS, that Project Nos. 841097.11 for street improvement on SE

17 Greenfield Court, as further described in Exhibit A are hereby approved.

18 ADOPTED and APPROVED by the Governing Body on _____________________.

19
20 CITY OF TOPEKA, KANSAS
21
22
23
24
25 Michael A. Padilla, Mayor
26 ATTEST:
27
28
29
30 ________________________________
31 Brenda Younger, City Clerk




 RES/CIP Projects Exceeding $250,000
 SE Greenfield Court (841097.11)
 2/14/2025
EXHIBIT A
 COMMITTEE REFERRAL SHEET
 COMMITTEE REPORT
 Name of Public Infrastructure
 Committee:

 Title: RESOLUTION – recommending approval for SE Greenfield
 Court Project No. 841097.11.


Date referred
from Council
 meeting:

Date referred February 18, 2025
 from
 Committee:

  Committee MOTION: Committee member Ortiz made a motion to
 Action: approve the request. Committee member Dobler seconded.
 Approved 3-0-0.

  Comments:

Amendments:


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

Agenda Date March 11, 2025
 Requested:
 CITY OF TOPEKA
 CITY COUNCIL Tonya Bailey, Sr Executive Assistant
 City Hall, 215 SE 7th St., Room 255 Tara Jefferies, Sr Executive Assistant
 Topeka, KS 66603-3914 E-mail: councilassist@topeka.org
 (785) 368-3710 www.topeka.org



 EXCERPT
 CITY OF TOPEKA, Topeka, Kansas, Tuesday, February 18, 2025. The Public
Infrastructure Committee members met at 11:00 A.M. with the following Committee members
present: Sylvia Ortiz, David Banks (Chair) and Neil Dobler.

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

 APPROVAL of the Resolution recommending approve of Project No. 841097.11 for
street improvements on SE Greenfield Court


SE Greenfield Ct. Project. No. 841097.11 (street)

Public Works Director Steve Groen spoke to the project consisting of mill and overlay with full
depth patching, curb/gutter replacement, sidewalk repair/replacement and sidewalk ramps.
Citywide half-cent sales tax will fund at $258,000.

MOTION: Committee member Ortiz made a motion to approve. Committee member Dobler
seconded. Motion approved 3-0-0.




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




Presented at the March 11, 2025 Governing Body Meeting Page 1
 SE Greenfield Ct

Project - 841097.11 :




 SNCO GIS
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 March 11, 2025


DATE: March 11, 2025
CONTACT PERSON: Rhiannon Friedman, DOCUMENT #:
 Planning and
 Development Director
SECOND PARTY/SUBJECT: LB Lots, LLC - PROJECT #:
 Reinvestment Housing
 Incentive District
 (RHID) Application
CATEGORY/SUBCATEGORY 020 Resolutions / 005 Miscellaneous
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

DISCUSSION of an application submitted by LB Lots, LLC to establish a Reinvestment Housing
Incentive District and requesting that the Secretary of Commerce review the resolution and advise the
Governing Body.

(Discussion no taking the first step in establishing a reinvestment housing incentive district by
adopting certain findings and submitting them to the Kansas Secretary of Commerce for review.)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to take the first step in establishing a reinvestment housing incentive district by adopting certain findings
and submitting them to the Kansas Secretary of Commerce for review.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the resolution.
BACKGROUND:
The City's housing study identified a need to construct 420 units over the next five years to meet the demand for
housing as well as an additional 2300 units to catch up from past demand. In an effort to provide an economic
development tool to address housing needs, the City of Topeka approved Resolution 9379 establishing a
Reinvestment Housing Incentive District Policy (RHID).
BUDGETARY IMPACT:
There is no budgetary impact associated with this phase of the application process.
SOURCE OF FUNDING:
Not Applicable

ATTACHMENTS:
Description
Resolution
Development Agreement (March 6, 2025)
LB Lots, LLC - RHID District Presentation
LB Lots, LLC - RHID District Application
PI Committee Referral Report (February 18, 2025)
PI Committee Excerpt (February 18, 2025)
 1 (Published in the Topeka Metro News __________________)
 2
 3 RESOLUTION NO. ________
 4
 5 A RESOLUTION introduced by City Manager Dr. Robert M. Perez making certain
 6 findings pursuant to the Kansas Reinvestment Housing Incentive
 7 District Act with regard to an application submitted by LB Lots, LLC to
 8 establish a Reinvestment Housing Incentive District and requesting
 9 that the Secretary of Commerce review the resolution and advise the
10 Governing Body.
11
12 WHEREAS, K.S.A. 12-5241 et seq. (“the Act”) authorizes the City of Topeka (“City”)

13 to establish a Reinvestment Housing Incentive District (“RHID”), the first step of which is to

14 conduct a housing needs analysis to determine what housing needs exist within the

15 community; and

16 WHEREAS, after conducting such analysis, the Governing Body may adopt a

17 resolution making certain findings regarding the establishment of a RHID and providing the

18 legal description of the proposed RHID and a map depicting the existing parcels in the

19 proposed RHID; and

20 WHEREAS, after publishing such resolution, the Governing Body shall send a copy

21 to the Secretary of Commerce (“Secretary”) requesting that the Secretary review the

22 resolution and advise the Governing Body whether the Secretary concurs with the findings;

23 and

24 WHEREAS, the City has performed a housing needs analysis (“the Analysis”); and

25 WHEREAS, based upon the Analysis, the Governing Body proposes to commence

26 proceedings necessary to create the LB Lots RHID, in accordance with the Act.

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

28 CITY OF TOPEKA, KANSAS, that:




 RES/LB Lots RHID
 Secretary of Commerce Review 2/25/25 1
29 Section 1. The Governing Body adopts and incorporates by reference the

30 Analysis, a copy of which is on file in the office of the City Clerk and accessible on the

31 City’s website https://www.topeka.org/finance/rhid and based on a review of the Analysis

32 makes the following findings and determinations.

33 Section 2. The Governing Body finds that there is a shortage of quality housing of

34 various price ranges in the City despite the best efforts of public and private housing

35 developers.

36 Section 3. The Governing Body finds that this shortage of quality housing can be

37 expected to persist and that additional financial incentives are necessary in order to

38 encourage the private sector to construct or renovate housing in the City.

39 Section 4. The Governing Body finds that the shortage of quality housing is a

40 substantial deterrent to the future economic growth and development of the City.

41 Section 5. The Governing Body finds that the future economic well-being of the

42 City depends on the Governing Body providing additional incentives for the construction or

43 renovation of quality housing in the City.

44 Section 6. Based upon the findings and determinations contained herein, the

45 Governing Body proposes to establish an RHID pursuant to the Act, within the boundaries

46 of the real estate legally described in Exhibit A, attached hereto and incorporated by

47 reference, and as shown on the map depicting the existing parcels of land attached hereto

48 and incorporated by reference as Exhibit B.

49 Section 7. The City Clerk is directed to publish this resolution one time in the

50 Topeka Metro News and to send a certified copy of this resolution to the Secretary for the

51 latter’s review and concurrence with the findings herein.



 RES/LB Lots RHID
 Secretary of Commerce Review 2/25/25 2
52 Section 8. This resolution shall take effect after its adoption and publication once

53 in the Topeka Metro News.

54 ADOPTED and APPROVED by the Governing Body on ___________________.
55
56 CITY OF TOPEKA, KANSAS
57
58
59
60
61 Michael A. Padilla, Mayor
62
63 ATTEST:
64
65
66
67 ______________________________
68 Brenda Younger, City Clerk




 RES/LB Lots RHID
 Secretary of Commerce Review 2/25/25 3
 EXHIBIT A
 (Legal Description)

Lot 2, Block A, Lauren's Bay Subdivision No. 2, In the City of Topeka, Shawnee County, Kansas
Lot 3, Block A, Lauren's Bay Subdivision No. 2, In the City of Topeka, Shawnee County, Kansas
Lot 1, Block A, Lauren's Bay Subdivision, In the City of Topeka, Shawnee County, Kansas
Lot 2+, Block A, Lauren's Bay Subdivision, In the City of Topeka, Shawnee County, Kansas
Lot 12, Block A, Lauren's Bay Subdivision, In the City of Topeka, Shawnee County, Kansas
Lot 13, Block A, Lauren's Bay Subdivision, In the City of Topeka, Shawnee County, Kansas
Lot 11, Block B, Lauren's Bay Estates Subdivision, In the City of Topeka, Shawnee County, Kansas
Lot 12, Block B, Lauren's Bay Estates Subdivision, In the City of Topeka, Shawnee County, Kansas
Lot 13, Block B, Lauren's Bay Estates Subdivision, In the City of Topeka, Shawnee County, Kansas
Lot 14, Block B, Lauren's Bay Estates Subdivision, In the City of Topeka, Shawnee County, Kansas
Lot 20, Block B, Lauren's Bay Estates Subdivision, In the City of Topeka, Shawnee County, Kansas
Lot 21, Block B, Lauren's Bay Estates Subdivision, In the City of Topeka, Shawnee County, Kansas
Lot 1, Block C, Lauren's Bay Estates Subdivision, In the City of Topeka, Shawnee County, Kansas
Lot 2, Block C, Lauren's Bay Estates Subdivision, In the City of Topeka, Shawnee County, Kansas
Lot 3, Block C, Lauren's Bay Estates Subdivision, In the City of Topeka, Shawnee County, Kansas
Lot 5, Block C, Lauren's Bay Estates Subdivision, In the City of Topeka, Shawnee County, Kansas
 EXHIBIT B
(Map; Existing Parcels in Proposed RHID)
 City of Topeka Contract No. ________
 DEVELOPMENT AGREEMENT FOR THE LAUREN’S BAY DEVELOPMENT
 SUBDIVISION RHID, CID, AND PAYMENT FOR FORGIVENESS OF HISTORICAL
 SPECIALS

 THIS DEVELOPMENT AGREEMENT (this “Agreement”), is made and entered into
as of March ____, 2025, between the CITY OF TOPEKA, KANSAS, a municipal corporation
duly organized under the laws of the State of Kansas (the “City”) and LB LOTS, LLC, a Kansas
limited liability company, the developer of the district identified as the Lauren’s Bay Development
Reinvestment Housing Incentive District hereunder (the “Developer”).

 RECITALS

 A. Shawnee County annually holds a Tax Foreclosure Sale (the “Tax Sale”) and
 held said sale on September 19, 2024.

 B. In the 2024 Tax Sale were certain lots in Lauren’s Bay owned by Klaton Real
 Estate, LLC, 3420 SW Fairlawn, LLC, and LB Lots LLC (“the Lots”).

 C. In advance of the Tax Sale, the City passed Resolution 9586 through which it
 forgave the past due City assessed specials on the Lots in exchange for full
 payment of past due ad valorem taxes and a negotiated payment between the
 Public Infrastructure Committee and the Developer to be approved by the
 entire Governing Body by December 21, 2024.

 D. Resolution 9586 also waived, by Governing Body action, the requirement in
 the Resolution No. 9452 that there be no outstanding past due ad valorem taxes
 or special assessments prior to application for a reinvestment housing
 incentive district to allow the Developer to submit for the creation of a
 reinvestment housing incentive district in Lauren’s Bay and committed the
 City to work with bond counsel and the Developer to decrease the annual
 yearly special assessments remaining on the Lots through the creation of a
 community improvement district.

 E. The Lots were removed by Shawnee County from the Tax Sale upon payment
 of the past due ad valorem taxes.

 F. Unable to complete negotiations in the timeframe originally provided, the
 City’s Governing Body passed Resolution 9609 on December 17, 2024
 extending the deadline for negotiation to March 31, 2025.

 G. If no agreement is reached, following good faith negotiations and approved by
 the entire Governing Body by March 31 with payment rendered to the City by
 May 31, 2025, the Lots shall be donated by the Developer to the City’s land
 bank. The transfer shall occur no later than June 30, 2025.

 H. The Developer has negotiated a payment of $2.25 per square foot of land for
 1
 the Lots in consideration of the forgiven past due special assessments to be
 placed in escrow under the terms of this Development Agreement.

I. Pursuant to K.S.A. 12-5241 et seq. as amended and supplemented from time
 to time (the “RHID Act”), the City has the authority to establish a reinvestment
 housing incentive district and to adopt a plan for development or
 redevelopment of housing and public facilities in the reinvestment housing
 incentive district.

J. The City has established a policy and procedure for the utilization of the RHID
 Act in the City in Resolution Number 9379 and 9452 which were rescinded
 and replaced by Resolution Number 9627 adopted by the Governing Body on
 February 18, 2025, “the RHID Policy”.

K. The Developer has applied for the creation of a reinvestment housing incentive
 district for an area within the City in accordance with the RHID Policy.

L. The Governing Body of the City adopted Resolution No. _____ on
 ______________, in which the Governing Body found it necessary and
 desirable to establish the Lauren’s Bay Development Reinvestment Housing
 Incentive District containing within its boundaries the real property legally
 described in Exhibit A attached to the Agreement pending official approval
 from the Kansas Department of Commerce (the “RHID”) within the City,
 pursuant to the RHID Act.

M. Pursuant to K.S.A. 12-6a26 et seq.as amended and supplemented from time to
 time (the “CID Act”), the City has the authority to establish a community
 improvement district.

N. The City has established a policy and procedure for the utilization of the CID
 Act in the City in Resolution Number 8392 rescinded and replaced in
 Resolution Number 9625 adopted on February 18, 2025 “the CID Policy”.

O. The Developer has applied for a community improvement district to help with
 certain infrastructure project costs assessed as special assessments on the Lots
 in the support of economic development and refinancing of such special
 assessments and prior City bonds that financed such infrastructure project
 costs.

P. Upon approval of the requested RHID by the Department of Commerce, the
 Developer intends to request the use of RHID Increment (as defined herein)
 within the RHID to finance the eligible costs of the RHID Project subject to
 the limitations in this Agreement.

 Accordingly, the parties agree as follows:



 2
 ARTICLE I
 DEFINITIONS AND RULES OF CONSTRUCTION

 Section 101. Incorporation of Recitals. The parties acknowledge and agree the Recitals
set forth above are hereby incorporated as though more fully set forth herein.

 Section 102. Definitions. Terms defined in the preamble and the recitals of this
Agreement have their assigned meanings, and the following terms have the meanings assigned to
them:

 “Agreement” means this Agreement as may be amended in accordance with the terms of
the Agreement.

 “CID Commencement Date” means August 25, 2025.

 “CID” means the Lauren’s Bay Community Improvement District to be established by the
City via ordinance which contains within its boundaries the real property legally described and
generally described in Exhibit B, including the Lots.

 “CID Eligible Project Cost” means the costs of the Project described in the column
labeled “CID Eligible Project Costs” on Exhibit C.

 “CID Ordinance” means the ordinance No _____ proposed to be passed by the
Governing Body authorizing the creation of the Community Improvement District and levying a
special assessment, as amended from time to time on [__________]. This Agreement will be
supplemented with the Ordinance number and date upon passage by the Governing Body.

 “CID Petition” means the petition requesting the creation of the Lauren’s Bay
Community Improvement District filed with the City Clerk on February 14, 2025.

 “CID Term” means a term commencing on the CID Commencement Date and ending on
the date twenty-two (22) years following the CID Commencement Date (i.e., August 25, 2025), or
the payment of the last installment of special assessments imposed within the CID whichever
occurs first.

 “City Administrative Fee” means an amount equal to two (2) percent of the RHID
Increment collected for the preceding calendar year, which fee is in addition to payment by the
Developer of the City Expenses.

 “City Clerk” means the duly appointed City Clerk of the City of Topeka, Kansas.

 “City Expenses” means the reasonable outside expenses actually incurred by the City
(with commercially reasonable supporting documentation) in connection with the proceedings
creating the CID and the RHID, approving the Development Plan, and implementing this
Agreement, including, but not limited to, financial, legal, accounting or engineering consultants
and appraisal fees, if any.


 3
 “Escrow Agent” means the individual selected by the Parties prior the signing date of the
Agreement to hold the payment required under Section 403 until it is eligible for release to the
City or until this Agreement is terminated, whichever comes first.

 “Event of Default” means an event of default as defined in Section 1002 of this
Agreement.

 “Governing Body” means the governing body of the City.

 “Housing Development Plan” means the plan submitted by the Developer following the
approval of the creation of the district by the Kansas Secretary of Commerce as required in the
City’s RHID Policy and available for public inspection, as further described in Exhibit D to be
added to this Agreement upon submission.

 “Parties” means, collectively, the City and the Developer.

 “Permitted Delays” means any delay by a party performing its respective obligations
hereunder, as a result of a condition or event outside the reasonable control and through no fault
of the party so delayed, excluding conditions or events relating to the economic resources of such
party or of other parties, it being the intent of this Agreement to construe the terms “Permitted
Delays” to mean events such as natural disasters, fires, failure of suppliers or subcontractors to
perform in accordance with contractual obligations and similar acts beyond the control of the
parties, such as political discourse and does not include changes in home sale market conditions,
failure of a party to obtain necessary financing, a business decision to delay or withdraw resources
to a project or similar acts related to monetary circumstances.

 “Project” means the construction of fifteen (15) homes in a mix of six (6) styles ranging
from a minimum of approximately 1700 sf of living space on a single floor with at least three
bedrooms and two bathrooms as depicted House Plan Presentation attached as Exhibit E attached
to this Agreement, together with street and stormwater improvements, site preparations,
infrastructure improvements, and all related appurtenances. This definition shall be supplemented
by the Housing Development Plan upon submission by the Developer following approval of the
district by the Kansas Department of Commerce.

 “Reimbursable Project Costs Cap” means reimbursement from RHID Increment in an
amount to be determined upon completion of a financial analysis following the submission of the
Housing Development Plan for approval; however, the amount shall be equal to an amount that
satisfies the but-for qualifications of a maximum equity internal rate of return of 18% and a
maximum project rate of return (capitalization rate) of 7.5%, (exclusive of City Administrative
Fee and City Expenses), earned as follows:
 (a) Upon the completion of four (4) homes, as evidenced by passing the final
 inspection from the City for each of the four homes, up to 40% of the total
 Reimbursable Project Costs Cap for the entire Project shall be eligible for
 draw down;
 (b) Upon the completion of eight (8) homes in total, as evidenced by passing
 the final inspection from the City for each of the eight homes, up to 60%
 of the total Reimbursable Project Costs for the entire Project shall be
 4
 eligible for draw down;
 (c) Upon the completion of twelve (12) homes in total, as evidenced by
 passing the final inspection the City for each of the twelve homes, up to
 80% of the total Reimbursable Project Costs Cap for the entire Project
 shall be eligible for draw down;
 (d) Upon the completion of fifteen (15) homes in total, as evidenced by
 passing the final inspection from the City for each of the fifteen homes,
 the entirety of the Reimbursable Project Costs Cap for the entire Project
 shall be eligible for draw down.;

 “RHID Eligible Expenses” means actual expenses related to the RHID Project
commencing with the date of this Agreement, including City Expenses and the City Administrative
Fee, to the extent such expenses are permitted pursuant to the RHID Act and the City’s RHID
Policy (Resolution Number 9627), provide such expenses (except for the City Administrative Fee
and City Expenses) are set forth in the Housing Development Plan and agreed upon by the Parties
upon completion of the Financial Analysis showing the eligible costs meet the requirements of the
maximum Reimbursable Project Costs Cap. For the purposes of clarity, the parties agree that
vertical construction costs and prior special assessments related to the RHID Project are RHID
Eligible Expenses as the Lots meet the requirements under the RHID Act.

 “RHID Fund” means the Lauren’s Bay Development Reinvestment Housing Incentive
District Fund created pursuant to Section 502(a) hereof.

 “RHID Increment” means real property taxes produced from that portion of the current
assessed valuation of real property within the RHID in excess of an amount equal to the total
assessed value of such real property on the effective date of the establishment of the RHID, less
such real property taxes attributable to mill levies which, pursuant to State law, cannot be used to
finance improvements under the RHID Act.

 “RHID Project” means the construction of the portion of the Project consisting of the
improvements within the RHID, to the extent financed with RHID Increment and specifically
described in the Housing Development Plan submitted following the approval of the RHID by the
Kansas Department of Commerce.

 “RHID Term” shall have the meaning in Section 502(c) of this Agreement.

 “State” means the State of Kansas.

 Section 103. Rules of Construction. The following rules of construction shall apply in
construing the provisions of this Agreement except as otherwise expressly provided or unless the
context otherwise requires:

 A. The terms defined in this Article and throughout the Agreement include the plural
as well as the singular.

 B. All accounting terms not otherwise defined in this Agreement shall have the
meanings assigned to them, and all computations provided for in the Agreement shall be made, in
 5
accordance with generally accepted governmental accounting principles.

 C. All references herein to “generally accepted governmental accounting principles”
refer to such principles in effect on the date of the determination, certification, computation or
other action to be taken hereunder using or involving such terms.

 D. All references in this Agreement to designated “Articles,” “Sections” and other
subdivisions are to be the designated Articles, Sections and other subdivisions of this Agreement
as originally executed.

 E. The words “herein,” “hereof” and “hereunder” and other words of similar import
refer to this Agreement as a whole and not to any particular Article, Section or other subdivision.

 F. The Article and Section headings herein are for convenience only and shall not
affect the construction hereof.

 ARTICLE II
 DISTRICT FORMATION AND PURPOSE

 Section 201. RHID District Formation and Purpose. This Agreement is contingent,
pursuant to the RHID Act, as well as the proceedings of the City, including the RHID Ordinance,
on the City authorizing the creation of the RHID and approving the Housing Development Plan.
The purpose of creating the RHID and approving the Housing Development Plan is to provide the
Developer with an economic incentive to undertake the Project and to provide for further economic
development in particular housing of the City. The purpose of this Agreement is to outline the
rights, duties and obligations of the Parties as they relate to the RHID Project and to provide for
the reimbursement to the Developer of the RHID Eligible Expenses from the RHID Increment, in
accordance with the further terms of this Agreement.

 Section 202. CID District Formation and Purpose. This Agreement is contingent
upon, pursuant to the CID Act as well as the proceedings of the City including the CID Ordinance,
on the City authorizing the creation of the CID. The purpose of creating the CID is to provide an
economic incentive to undertake the Project and to provide for further economic development of
the City by refinancing City bonds and refinancing and replacing the current special assessments
on the Lots with a new assessment in a lower amount over a longer period of time more comparable
to similarly situated properties in the area. The purpose of this Agreement is to outline the rights,
duties and obligations of the Parties as they relate to the CID, in accordance with the further terms
of this Agreement.

 ARTICLE III
 REPRESENTATIONS OF THE PARTIES

 Section 301. Representation of the City. The City is a municipal corporation organized
under the laws of the State. The City is authorized pursuant to the RHID Act to create the RHID
District and approve the Housing Development Plan; to enter into this Agreement and to perform
the duties and obligations of the City contained herein. This Agreement is contingent on the
Department of Commerce approving the creation of the RHID, and the Governing Body taking all
 6
requisite action to pass the RHID Housing Development Plan Ordinance, which, when it becomes
effective, will create the RHID and approve the Housing Development Plan. With the consent of
the Developer, the City is authorized pursuant to the CID Act to create the CID and impose special
assessments to be levied pursuant to the provisions of the CID Act. This Agreement constitutes a
valid and binding obligation of the City in accordance with its terms and conditions.

 Section 302. Representation of the Developer. The Developer is a limited liability
company duly organized and existing under the laws of Kansas. The Developer has taken all
requisite action under its organizational documents to authorize the execution of this Agreement
and to perform the duties and obligations of the Developer contained in it. The Agreement
constitutes a valid and binding obligation of the Developer in accordance with its terms.
Throughout the term of this Agreement, the Developer agrees to maintain its status as such an
entity, in good standing and authorized to do business in the State.

 ARTICLE IV
 DEVELOPMENT STRUCTURE

 Section 401. Scope of Agreement RHID. This Agreement applies to the development
of the RHID Project with funds available to the Developer with subsequent reimbursement of
certain eligible costs from RHID Increment when and if available. Subject to the terms of this
Agreement, the parties agree that the Developer shall cause the RHID Project to be completed
pursuant to this Agreement, and the Developer shall bear the costs of the development of the RHID
Project. Upon satisfaction of the conditions set forth in this Agreement, the City will reimburse
the Developer for RHID Eligible Expenses for the RHID Project.

 Section 402. Scope of Agreement CID. This Agreement applies the creation of the CID
by the City as described in this Agreement. As required by the CID Policy, the Developer shall be
responsible for paying all costs necessary to comply with state law, including but not limited to:
costs of legal publication notices, resolutions and ordinances. The Developer shall also reimburse
the City for reasonable expenses associated with review and evaluation of the CID Petition and
this Agreement by the City’s financial advisor. Developer payments under this section shall be
considered to be CID Eligible Project Costs and may be paid by being included in the special
assessments on the Lots. For the purposes of clarity, the City shall retain 100% of all special
assessments paid pursuant the CID in satisfaction of bonds previously issued to finance
infrastructure supporting the RHID Project and to be refinanced under the CID Act.

 Section 403. Scope of Agreement Payment for Forgiveness of Historical Specials. In
consideration for the forgiveness of the historical special assessments on the Lots, the Developer
shall pay $2.25 per square foot of land area for a total of $525,333.60. This payment will be
escrowed by the Developer upon signing of this Agreement and become due to the City upon
successful final approval of the RHID and CID by the City’s Governing Body. In the event, that
either the RHID or the CID are not approved, this Agreement will be void, the escrowed sum made
pursuant to this section shall return to the Developer and the provisions of Resolution 9686 shall
apply to the disposition of the Lots.

 Section 404. Modification of Improvements. The Project described herein shall only be
materially amended or modified, (i) with the prior written consent of the City, which consent shall
 7
not be unreasonably withheld and which shall be granted so long as the proposed amendment or
modification is consistent with the general spirit and intent of this Agreement, (ii) with an
appropriate reduction in the incentives provided to Developer if the scope the Project is materially
reduced, and (iii) in full compliance with applicable law.

 ARTICLE V
 FINANCING

 Section 501. RHID Project Costs, City Expenses and City Administrative Fee. The
Developer shall be responsible for the costs of the RHID Project, which costs shall not be an
obligation of the City. City Expenses shall be due and payable within 30 days after the City
provides the Developer with an invoice therefor. City Expenses shall be paid by the Developer.
The City Administrative Fee shall be paid from RHID Increment pursuant to Section 502 of this
Agreement. City Expenses may be paid from the RHID Increment provided that if the RHID
Increment then on deposit is insufficient to pay City Expenses due, the Developer shall advance
funds to pay the City Expenses. To the extent the Developer has advanced funds to pay the City
Expenses, such amounts may be reimbursed from the RHID Increment in accordance with Section
502 of this Agreement and such reimbursements shall not be counted against the Reimbursable
Project Costs Cap.

 Section 502. RHID Financing.

 (a) RHID Fund. Pursuant to the RHID Act and subject to all applicable laws, the
policies and procedures of the City and approval by the Governing Body of the City, the City shall
establish the RHID Fund as a segregated fund or account within the treasury of the City, which
shall be held and administered by the City in accordance with this Agreement and the RHID Act.
Revenues collected from the RHID Increment received by the City shall be deposited in the RHID
Fund and shall not be commingled with any other funds of the City.

 (b) Reimbursement of RHID Eligible Expenses. Except as otherwise set forth in this
Agreement or as required by the RHID Act, all RHID Increment shall be available for and
dedicated to pay RHID Eligible Expenses for the RHID Project for the duration of the RHID Term
or until the City’s obligations under this Agreement have been satisfied, whichever is first, and
shall be utilized to reimburse the Developer for RHID Eligible Expenses paid by the Developer
and/or the City Administrative Fee and City Expenses, according to the procedures set forth herein,
in the following order of priorities:

 First, to pay or reimburse the City for the City Administrative Fee,
 and any City Expenses not paid by the Developer; and

 Second, to reimburse the Developer for RHID Eligible Expenses and
 City Expenses paid by the Developer.

 (c) RHID Term. The RHID term shall expire on the earlier of: the date (i) the
Developer has been reimbursed for RHID Eligible Expenses in the amount of the Reimbursable
Project Costs Cap or (ii) 25 years from the date of adoption of this Agreement ((i) and (ii),
collectively, the “RHID Term”), unless the City takes the appropriate actions required by law to
 8
terminate the RHID or amend the RHID Term. Except as provided herein or as required by law,
the City shall not, under any circumstances without the written consent of the Developer, terminate
the RHID or amend the RHID Increment or reduce the RHID Term in a manner which would
adversely impact or impair the ability of the Developer to be reimbursed for RHID Eligible
Expenses.

 (d) “Pay As You Go” RHID Financing. Any RHID Increment available to the
Developer for payment of RHID Eligible Expenses shall be paid by reimbursement to the
Developer for RHID Eligible Expenses paid by the Developer and no special obligation bonds
shall be issued to advance funds for payment of such expenses.

 Section 503. CID Project Costs, City Expenses. A description of the scope of the CID
Project and the estimated Project Costs, including costs authorized by K.S.A. 10-116a are
$563,671 and are set forth on Exhibit C. The costs of the Projects are proposed to be financed by
full faith and credit general obligation bonds of the City, or, as an alternative to such bonds, “pay-
as-you-go financing,” as defined in the Act. The City’s expenses associated with the CID, to the
extent possible, will be paid through the special assessment on the Lots.

 Section 504. Payment for Forgiveness of Historical Specials. Upon execution of this
Agreement, the Parties shall deposit an executed counterpart of this Agreement with the Escrow
Agent and this Agreement shall serve as the instructions to the Escrow Agent as the escrow holder
for consummation of the forgiveness of historical specials contemplated in the Agreement.



 ARTICLE VI
 ELIGIBLE EXPENSE REIMBURSEMENT PROCEDURES

 Section 601. Reimbursement of Eligible Expenses.

 (a) Disbursement Times. Except as provided herein, the City agrees to disburse RHID
Increment in accordance with Section 502 of this Agreement within 60 days of receipt of such
RHID Increment by the City; provided, the City is not obligated to disburse RHID Increment if
less than $10,000 has been received and is on deposit in the RHID Fund (unless such disbursement
is the final disbursement of RHID Increment, in which event all RHID Increment will be disbursed
in accordance with the terms hereof regardless of the amount).

 (b) Submission of Certification of Expenditures. The Developer shall submit to the
City’s Chief Financial Officer a Certification of Expenditures not more than once per month (in
substantially the form attached to this Agreement as Exhibit G, or other form approved by the
City) signed by the Developer, with supporting documentation identifying the RHID Eligible
Expenses for which the Developer seeks reimbursement, including reference to the specific line
item on Exhibit F to which each such expense relates. The supporting documentation shall be
copies of invoices reflecting amounts billed, copies of checks, evidence of wire transfer or other
payment of cash by the Developer for such expenses, lien waivers or other evidence that no
mechanic’s liens exist with respect to the construction of the RHID Project for which
reimbursement is sought, and such other documentation as the City shall reasonably request.

 9
 (c) Details of Certification; City Right to Perform Due Diligence. Each
Certification of Expenditures shall contain a certification by the Developer that each RHID
Eligible Expense submitted for reimbursement is an eligible expense, that such expense has been
incurred by the Developer, and that such expense has not been previously submitted for
reimbursement hereunder. The City reserves the right to have its engineer or other agents or
employees inspect all work in respect of which a Certification of Expenditure is submitted, to
retain an outside accountant, engineer or attorney to evaluate and assist with processing
Certifications of Expenditures for compliance with this Agreement, to examine the Developer's
records and other records relating to all RHID Eligible Expenses to be paid, and to obtain from
such parties such other information as is reasonably necessary for the City to evaluate compliance
with the terms hereof. Developer hereby agrees to pay all actual and verifiable third party expenses
incurred by the City pursuant to this subsection (c), which expenses shall be City Expenses.

 (d) Certification of Expenditures. The City shall either accept and certify or reject
each Certification of Expenditures within 60 days after the submission thereof. If the City
determines that any cost identified as a RHID Eligible Expense is ineligible for reimbursement,
the City shall so notify the Developer in writing not later than the fifth day following expiration of
its 60-day review period, identifying the ineligible cost and the basis for determining the cost to
be ineligible, whereupon the Developer shall have the right to identify and substitute other costs
of the RHID Project as RHID Eligible Expenses, as applicable, with a supplemental Certification
of Expenditures. The City may also request such additional information from the Developer as
may be required to process the requested certification and the time limits set forth in this paragraph
shall be extended by the duration of time necessary for Developer to respond to such request
by the City. The City’s identification of any ineligible costs shall not delay the City’s approval of
the remaining costs on the Certification of Expenditures that the City determines to be eligible.

 (e) Conditions Precedent. As a condition precedent to disbursement of RHID
Increment to the Developer, the Developer and the Developer’s principals must (i) not be, in the
sole judgment of the City, in material default under this Agreement (subject, however, to any
applicable cure period), (ii) be current on the payment of all taxes and assessments to the State
and its political subdivisions, including the City with the exception of the remaining additional
parcels owned by the Developer and the Developer’s principals in Lauren’s Bay not subject to this
Agreement but that the Governing Body waived the RHID requirement regarding past due taxes
and assessments in order to apply for the RHID (iii) have submitted a Certification of Expenditure
for an RHID Eligible Expense, along with reasonable documents of such expenditure, and (iv) the
expense identified in the Certification of Expenditure must be one that has occurred and for which
the Developer is seeking reimbursement. If funds are available for disbursement in the RHID Fund
but the conditions set forth in this paragraph have not, in the reasonable judgment of the officer or
agent of the City charged with disbursing such funds, been met, the City shall provide written
notice of such failure to the appropriate party (a “Conditional Failure Notice”) within 30 days of
receipt of such RHID Increment and shall retain the funds that would have otherwise been
disbursed to such party. If the condition(s) are met to the reasonable satisfaction of such officer or
agent of the City within 30 days from the date of the Conditional Failure Notice, the disbursement
that was withheld shall be promptly made. In the event a party disagrees in good faith with the
determination of such officer or agent of the City, such party may appeal the determination to the
Governing Body of the City by providing written notice to the City Clerk within 10 days of the
end of the 30-day period, and the retained funds shall not be disbursed until the Governing Body
 10
directs the disbursement. Such notice of appeal shall reasonably describe the basis for such appeal.
The City agrees to conduct a public hearing on such appeal within 60 days of receipt of such notice
and to provide the party requesting such appeal with not less than 10 days written notice of the
hearing date, time and location. The determination of the Governing Body with respect to the
disbursement shall be final. Any determination by the officer or agent of the City or by the
Governing Body under this Section 601 that funds should not be disbursed shall apply as to that
particular disbursement only and shall not impair or in any manner affect future disbursements.

 Section 602. Effect of Reimbursement if Termination. Notwithstanding anything
herein to the contrary, if this Agreement has been terminated in accordance with its terms, the City
shall have no obligation to reimburse the Developer for any RHID Eligible Expenses following
the termination of this Agreement regardless of when the expense was submitted to the City.

 ARTICLE VII
 DEVELOPMENT OF THE RHID PROJECT; TIMING AND APPROVALS

 Section 701. Development of the Project and RHID Project.
 (a) Developer agrees to pursue the Project in accordance with the requirements of this
Agreement and all City zoning and building requirements applicable to the Project.

 (b) The City may elect to terminate this Agreement if, on or before 30 days after the
City’s written notice to Developer of such default, Developer has not cured such default:

 a. if construction of the Project, including the RHID Project, has not
 commenced by April 1, 2026 (subject to Permitted Delays), as evidenced by the
 issuance of a building permit by the City for at least one home; or
 b. if the Developer has not constructed at least four homes, as determined by
 the City’s passing the final inspection for all four homes, by August 1, 2027 (subject to
 Permitted Delays); or
 c. if the Developer has not sold at least two homes and constructed at least
 eight homes, as determined by the City’s passing the final inspection for all eight
 homes, by August 1, 2028 (subject to Permitted Delays); or
 d. if the Developer has not sold at least four homes and constructed at least
 twelve homes, as determined by the City’s passing the final inspection for all twelve
 homes, by August 1, 2029 (subject to Permitted Delays); or
 e. if construction of the Project, including the RHID Project, is not
 substantially completed by December 31, 2030 (subject to Permitted Delays), as
 evidenced by the City passing the final inspection for all residential units included in
 the Project.

 (c) The provisions of Section 1002(b) of this Agreement relating to the ability to cure
default shall not apply to the City’s option to terminate pursuant to this Section.

 Section 702. RHID Project Approval. The Developer shall submit to the City all
engineering plans for public infrastructure and construction plans as required by the building and
construction codes adopted by the City for the RHID Project. Whenever this Agreement requires
the Developer to submit plans, drawings or other documents to the City for approval, the City shall
 11
use its standard procedures for review and approval of such submissions so as to not unduly hinder
or delay the RHID Project; provided, however, that the City may issue permits for the construction
of dwelling units prior to the completion of site improvements, and provided, further, that no final
inspection shall be approved for any dwelling unit until site improvements are completed.

 Section 703. Insurance and Indemnification.

 (a) Indemnification. The Developer agrees to defend, indemnify and hold the City, its
officers, agents and employees, harmless from and against all liability for damages, costs and
expenses, including attorney fees, arising out of any claim, suit, judgment or demand to the extent
resulting from the negligent and/or intentional acts or omissions of the Developer, its contractors,
subcontractors, agents or employees in the performance of this Agreement. The Developer shall
give the City written notice of any claim, suit or demand which may be subject to this provision at
the earliest feasible date.

 (b) Insurance. Not in derogation of the indemnification provisions set forth herein, the
Developer shall, at its sole cost and expense, throughout the term of this Agreement (to the extent
the Developer has not sold the Project, or any portion thereof, to unrelated third parties), insure
and keep insured any vertical structures built in the RHID against direct loss or damage occasioned
by fire, flood and extended coverage perils through insurers with a Best’s rating of no less than
“A” and/or that is reasonably acceptable to the City and without co-insurance. The insurance shall
be for an amount that is not less than the full replacement cost of such structures and insurance
proceeds shall be used to restore the vertical structures after a triggering event.

 Section 704. Federal, State and Local Laws. The Developer agrees to abide by, and the
Project shall be completed in conformity with, all applicable federal, state and local laws and
regulations.

 Section 705. Nondiscrimination. The Developer, for itself and its successors and
assigns, agrees that throughout the RHID Term:

 (a) Developer shall observe the provisions of the Kansas Act Against Discrimination
(K.S.A. 44-1001 et seq.) and shall not discriminate against any person in the performance of work
under the Agreement because of race, religion, color, sex, national origin, ancestry or age;

 (b) If Developer is found guilty of a violation of the Kansas Act Against Discrimination
under a decision or order of the Commission which has become final, Developer shall be deemed
to have breached the Agreement and it may be canceled, terminated or suspended, in whole or in
part, by the City; and

 Developer further agrees that throughout the RHID Term, Developer shall abide by the
Kansas Age Discrimination in Employment Act (K.S.A. 44-1111 et seq.) and the applicable
provisions of the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) as well as all other
federal, state and local laws, ordinances and regulations applicable to the Project and to furnish
any certification required by any federal, state or local laws, ordinances and regulations applicable
to the Project.

 12
 Section 706. City and Other Governmental Permits. Before commencement of
construction or development of any buildings, structures or other work or improvement the
Developer shall, at its own expense, secure or cause to be secured any and all permits which may
be required by the City and any other governmental agency having jurisdiction as to such
construction development or work.

 ARTICLE VIII
 REAL ESTATE TAXES

 Section 801. Agreement to Pay Taxes and Assessments; Right to Protest. The
Developer agrees that it shall (to the extent the Developer has not sold the Project, or any portion
thereof, to third parties) pay taxes and assessments for the Project promptly on or before the due
date of such tax bills. The Developer shall have the right to pay said taxes under protest in
accordance with applicable law and agrees to provide prompt written notice to the City if it elects
to pay said taxes under protest or of any appeal of real estate taxes or valuation of any property
within the RHID by the County Appraiser.

 ARTICLE IX
 USE, ASSIGNMENT, SALE AND LEASE

 Section 901. Use Restrictions. The allowable uses on the property and within the RHID
will be subject to the lawful zoning power of the City and will not be subject to use restrictions
solely by virtue of this Agreement.

 Section 902. Restriction on Transfer. There shall be no restriction in the sale, transfer
or leasing of the property within the RHID to a subsequent homeowner; however, the transfer of
any Developer’s right or obligation hereunder is governed by Section 903 and 904.

 Section 903. Transfer of Obligations. The rights, duties and obligations hereunder of
the Developer may be assigned, in whole or in part, to another entity, subject to the approval of
the Governing Body following receipt of an opinion by the City’s City Attorney, or other designee,
that the assignment complies with the terms of this Agreement. Any proposed assignee shall have
qualifications and financial responsibility, as reasonably determined by the Governing Body,
necessary and adequate to fulfill the obligations of the Developer under this Agreement. Any
proposed assignee shall, by instrument in writing, for itself and its successors and assigns, and
expressly for the benefit of the City, assume all of the obligations of the Developer under this
Agreement and agree to be subject to all the applicable conditions and restrictions to which the
Developer is subject. The City shall notify the Developer within 45 days of receipt by the City of
a written request to approve a proposed assignment under this Section of its approval or
disapproval. All written requests for approval of a proposed assignment shall include a description
of the qualifications and financial resources of the proposed assignee and the form of a proposed
assignment and assumption agreement. If the City elects to disapprove a requested assignment, it
will include in its notice to the Developer the basis for the disapproval. The Developer shall not
be relieved from any obligations set forth herein unless and until the City specifically agrees to
release the Developer. The Developer agrees to record the assignment in the office of the register
of deeds of Shawnee County, Kansas, in a timely manner following the execution of such
agreement. Notwithstanding anything herein to the contrary, the Developer may, upon prior
 13
written notice to the City (and without the need for the City’s approval), assign this Agreement to
an entity that is more than 50% owned or controlled by the Developer; provided such entity
assumes in writing all obligations of the Developer under this Agreement.

 Section 904. Assumption of Obligations. The Parties’ obligations pursuant to this
Agreement, unless earlier satisfied, shall inure to and be binding upon the heirs, executors,
administrators, successors and assigns of the respective parties as if they were in every case
specifically named and shall be construed as a covenant running with the land, enforceable against
the purchasers or other transferees as if such purchaser or transferee were originally a party and
bound by this Agreement. Notwithstanding the foregoing, no property owner (other than the
Developer, its affiliates or any of their principals) of any part of the RHID shall be bound by any
obligation of Developer solely by virtue of being a property owner; provided, however, that no
transferee or owner of property within the RHID shall be entitled to any rights whatsoever or claim
upon the RHID Increment, except as specifically authorized in writing by the Developer and as
provided in this Agreement.

 Section 905. Change of Ownership. The Developer shall promptly provide written
notice to the City of any change in the owners/members owning/comprising more than 25% of
such entity. Change in the owners/members owning/comprising more than 50% of such entity shall
require consent of the Governing Body.

 ARTICLE X
 BREACH, DEFAULTS AND REMEDIES

 Section 1001. Breach. Any noncompliance by the Developer or City with the provisions
of this Agreement, including the time limits and the manner for the completion of the Project as
herein stated, except for Permitted Delays, shall constitute a breach of this Agreement and the
breaching party shall be granted an opportunity to cure as provided in Section 1002 prior to such
breach being deemed an “Event of Default” as defined in Section 1002.

 Section 1002. Event of Default—General. The following events shall constitute an
“Event of Default” under this Agreement:

 (a) Subject to the extensions of time set forth in Section 1007, failure or delay by either
party to perform any term or provision of this Agreement, after receiving written notice and failing
to cure, as set forth in subsection (b) below, constitutes an Event of Default under this Agreement.
A party claiming a breach (claimant) shall give written notice of breach to the other party,
specifying the breach complained of.

 (b) The claimant shall not institute proceedings against the other party, nor be entitled
to damages if the Developer and/or the City within 14 days from receipt of such written notice,
with due diligence, commences to cure, correct or remedy such failure or delay and shall complete
such cure, correction or remedy within 30 days from the date of receipt of such notice or, if such
cure, correction or remedy by its nature cannot be effected within such 30 day period, such cure,
correction or remedy is diligently and continuously prosecuted until completion thereof. In the
event the breaching party refuses or is unable to cure, correct or remedy such breach within the
time limits stated in this subsection, then such failure shall be deemed an Event of Default and the
 14
nonbreaching party shall be entitled to the remedies set forth in Section 1003.

 (c) If the Developer has assigned, in whole or in part, rights, duties and obligations
under this Agreement to another entity in accordance with Section 903 of the Agreement, a failure
of an assignee to perform any of the duties and obligations assigned to the assignee by the
Developer in accordance with Section 903 shall not constitute an “Event of Default” with respect
to the Developer and will not give rise to any remedies against the Developer under this
Agreement, including, but not limited to, any remedies which would adversely affect the
Developer’s rights to reimbursement, whether or not such remedies are specifically directed
towards the Developer.

 Section 1003. Remedies on Event of Default.

 (a) Whenever any Event of Default by Developer shall have occurred and be
continuing, subject to applicable cure periods, the City may take one or more of the following
remedial steps:

 (i) compel specific performance;

 (ii) withhold or apply funds from the RHID Fund to such extent as is
 necessary to protect the City from loss and/or to ensure that such portions of the
 RHID Project that the City deems are in the best interest of the City are successfully
 implemented in a timely fashion;

 (iii)  refuse to approve any further reimbursements for RHID Eligible
 Expenses and make any disbursements until such Event of Default is cured by
 Developer;

 (iv) pursue any remedy at law and in equity; and/or

 (v) terminate this Agreement.

 (b) The City may pursue any available remedy at law or in equity by suit, action,
mandamus or other proceeding to enforce and compel the specific performance of the duties and
obligations of the Developer as set forth in this Agreement (except for specific performance of the
construction of the Project), to enforce or preserve any other rights or interests of the City under
this Agreement or otherwise existing at law or in equity and to recover any damages as provided
by State law incurred by the City resulting from such Developer default.

 (c) Whenever any material Event of Default by the City shall have occurred and be
continuing, subject to applicable cure periods, the Developer shall have the right, but not the
obligation to:

 (i) terminate this Agreement; and/or

 (ii) pursue any remedy at law or in equity.

 15
 (d) The Developer may pursue any available remedy at law or in equity by suit, action,
mandamus or other proceeding to enforce and compel the specific performance of the duties and
obligations of the City as set forth in this Agreement, to enforce or preserve any other rights or
interests of the Developer under this Agreement or otherwise existing at law or in equity and to
recover any damages as provided by State law incurred by the resulting from such City default.

 (e) Except as otherwise expressly stated in this Agreement, the rights and remedies of
the parties are cumulative, and the exercise by either party of one or more of such rights or remedies
shall not preclude the exercise by it, at the same or different times, of any other rights or remedies
for the same default or any other default of the other party. No waiver made by either party shall
apply to obligations beyond those expressly waived. Any delay by either party in instituting or
prosecuting any such actions or proceedings or otherwise asserting its rights under this Section
shall not operate as a waiver of such rights or limit them in any way.

 (f) Notwithstanding any termination of this Agreement by the Developer as permitted
herein, the Developer shall continue to be liable for all City Expenses, only to the extent such City
Expenses are incurred through the date of termination of this Agreement.

 Section 1004. Acceptance of Service of Process.

 (a) In the event that any legal action is commenced by the Developer against the City,
service of process on the City shall be made by personal service upon the City Clerk or in such
other manner as may be provided by law.

 (b) In the event that any legal action is commenced by the City against the Developer,
service of process on the Developer shall be made to:

 LB Lots, LLC
 Jennifer Sourk
 3024 SW Wanamaker Rd, St. 300
 Topeka, KS 66614

as its agent to receive service of process or other legal summons for purposes of any such action
or proceeding.

 Section 1005. Rights and Remedies are Cumulative. Except as otherwise expressly
stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by
either party of one or more of such rights or remedies shall not preclude the exercise by it, at the
same or different times, of any other rights or remedies for the same default or any other default
by the other party.

 Section 1006. Inaction Not a Waiver of Default. Any failures or delays by any party in
asserting any of its rights and remedies as to any default shall not operate as a waiver of any default
or of any such rights or remedies, or deprive either such party of its right to institute and maintain
any action or proceedings which it may deem necessary to protect, assert or enforce any such rights
or remedies.

 16
 Section 1007. Permitted Delays. Notwithstanding anything in this Agreement to the
contrary, any Permitted Delays by a party performing its respective obligations hereunder shall
not render such party in default or breach hereof (or give rise to any other party’s exercise of rights
or remedies hereunder, including, without limitation, the City’s termination of this Agreement)
and shall result in automatic good faith extensions of any starting or completion dates affected
thereby, provided such delayed party continues to exercise good faith and due diligence in
attempting to resolve the cause of any such delay and to continue to perform hereunder.

 ARTICLE XI
 GENERAL PROVISIONS

 Section 1101. Time of Essence. Time is of the essence of this Agreement. Each party to
this Agreement will make every reasonable effort to expedite the subject matters hereof and
acknowledges that the successful performance of this Agreement requires its continued
cooperation.

 Section 1102. Amendment. This Agreement, and any exhibits attached to the Agreement,
may be amended only by the mutual consent of the parties, upon official action of the City’s
Governing Body approving said amendment, and by the execution of said amendment by the
parties to this Agreement or their successors in interest.

 Section 1103. Immunity of Officers, Employees and Members. No personal recourse
shall be had for the payment of the cost of the RHID Project or for any claim based thereon or
upon any representation, obligation, covenant or agreement in this Agreement against any past,
present or future owner, officer, manager, member, employee or agent of a party to the Agreement,
under any rule of law or equity, statute or constitution or by the enforcement of any assessment or
penalty or otherwise, and any liability of any such officers, members, directors, employees or
agents is hereby expressly waived and released as a condition of and consideration for the
execution of this Agreement. Furthermore, no past, present or future owner, officer, manager,
member, employee or agent of a party to this Agreement shall be personally liable to the City, the
Developer or any successor in interest, for any default or breach by the City, Developer or any
successor in interest.

 Section 1104. Right of Access. For the purposes of assuring compliance with this
Agreement, representatives of the City shall have the right of access to the RHID Project, without
charges or fees, at normal construction hours during the period of construction for purposes strictly
related to this Agreement, including, but not limited to, the inspection of the work being performed
in constructing the improvements. Such representatives of the City shall carry proper
identification, and shall not in any manner impair, hinder or interfere with the construction activity;
provided, however, nothing herein is intended to limit or restrict rights the City has to inspect or
otherwise have access to the RHID Project in the performance of its governmental role.

 Section 1105. No Other Agreement. Except as otherwise expressly provided herein, this
Agreement and all documents incorporated herein by reference supersedes all prior agreements,
negotiations and discussions, both written and oral, relative to the subject matter of this Agreement
and is a full integration of the agreement of the parties.

 17
 Section 1106. Severability. If any provision, covenant, agreement or portion of this
Agreement, or its application to any person, entity or property, is held invalid or unenforceable in
whole or in part, this Agreement shall be deemed amended to delete or modify, in whole or in part,
if necessary, the invalid or unenforceable provision or provisions, or portions thereof, and to alter
the balance of this Agreement or the Development Plan in order to render the same valid and
enforceable. In no such event shall the validity or enforceability of the remaining valid portions
hereof be affected.

 Section 1107. Amendment to Carry Out Intent. If any provision, covenant, agreement
or portion of this Agreement, or its application to any person, entity or property, is held invalid,
the parties shall take such reasonable measures including but not limited to reasonable amendment
of this Agreement to cure such invalidity where the invalidity contradicts the clear intent of the
parties in entering into this Agreement.

 Section 1108. Governing Law and Venue. For any claims arising out of this Agreement,
performance or non-performance under this Agreement, and for any request or demand for
damages resulting from the breach or default under this agreement, the sole and exclusive venue
for litigation shall be the District Court in Shawnee County, Kansas or the U.S. District Court for
the District of Kansas in Topeka, Kansas. This Agreement shall be governed by and construed in
accordance with the laws of the State of Kansas without regard to conflict of laws principles. In
the event litigation is filed by one party against another to enforce its rights under this Agreement,
the prevailing party, as determined by the Court’s judgment, shall be entitled to reasonable
attorneys’ fees and litigation expenses for the relief granted, to the extent permitted by law.

 Section 1109. Notice. All notices and requests required pursuant to this Agreement shall
be in writing and shall be sent as follows:

To the City:

 Brenda Younger, City Clerk
 City of Topeka
 City Hall
 215 SE 7th St.
 Topeka, KS 66603

To the Developer:

 LB Lots, LLC
 Attention Jennifer Sourk
 3024 SW Wanamaker Rd. Ste. 300
 Topeka, KS 66614

or at such other addresses as the parties may indicate in writing to the other either by personal
delivery, national recognized overnight courier (e.g., FedEx), or by registered mail, return receipt
requested, with proof of delivery thereof. Mailed notices shall be deemed effective on the third
day after mailing; all other notices shall be effective when delivered.

 18
 Section 1110. Not a Partnership. The provisions of this Agreement are not intended to
create, nor shall they in any way be interpreted or construed to create, a joint venture, partnership,
or any other similar relationship between the parties.

 Section 1111. Counterparts. This Agreement may be executed in several counterparts,
each of which shall be an original and all of which shall constitute but one and the same agreement.

 Section 1112. Recordation of Agreement. The parties agree to execute and deliver this
Agreement or a memorandum of this Agreement in mutually acceptable form for recording in the
real property records of Shawnee County, Kansas.

 Section 1113. Consent or Approval. Except as otherwise provided in this Agreement,
whenever consent or approval of either party is required, such consent or approval shall not be
unreasonably withheld.

 Section 1114. Survivorship. Notwithstanding the termination of this Agreement,
Developer’s obligations with respect to Section 703(a), Section 1103 and any other terms and
conditions which by their nature should survive termination, shall survive the termination of this
Agreement.

 Section 1115. Incorporation of Exhibits. The Exhibits attached to the Agreement and
incorporated in the Agreement by reference are a part of this Agreement to the same extent as if
fully set forth herein.

 Section 1116. Cash Basis and Budget Laws. The right of the City to enter into this
Agreement is subject to the provisions of the Cash Basis Law (K.S.A. §§10-1100 et seq.), the
Budget Law (K.S.A. § 79-2935 et seq.), and other laws of the State. This Agreement shall be
construed and interpreted in such a manner as to ensure the City shall at all times remain in
conformity with such laws.




 [Remainder of Page Intentionally Left Blank]




 19
 IN WITNESS WHEREOF, the Parties to the Agreement have caused this Agreement to be executed
by their duly authorized representatives the day and year first above written.

 LB LOTS, LLC


 _________________________________________
 Its:

STATE OF KANSAS )
 ) ss.
COUNTY OF SHAWNEE )

 BE IT REMEMBERED, that on this ___ day of ______________, 2025, before me, the undersigned,
a Notary Public in and for the County and State aforesaid, came _________________ who is personally
known to me to be the same person who executed the within instrument on behalf of said company, and such
person duly acknowledged the execution of the same to be the act and deed of said company.

 IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day
and year last above written.


MY APPOINTMENT EXPIRES: Notary Public
 Printed Name:




 CITY OF TOPEKA, KANSAS



 Dr. Robert Perez, City Manager

ATTEST: APPROVED AS TO FORM AND LEGALITY



 DATE ________________ BY _____________
Brenda Younger, City Clerk
 EXHIBITS


Exhibit A RHID Legal Description

Exhibit B CID Legal Description

Exhibit C CID Eligible Project Costs

Exhibit D Housing Development Plan (to be added upon submission)

Exhibit E House Plan Presentation

Exhibit F RHID Eligible Project Costs (to be added upon submission)

Exhibit G Certification of Expenditures

Exhibit H Forms for Reimbursement
 EXHIBIT A

 RHID Legal Description



Lot 2, Block A, Lauren's Bay Subdivision No. 2, In the City of Topeka, Shawnee County, Kansas
Lot 3, Block A, Lauren's Bay Subdivision No. 2, In the City of Topeka, Shawnee County, Kansas
Lot 1, Block A, Lauren's Bay Subdivision, In the City of Topeka, Shawnee County, Kansas
Lot 2+, Block A, Lauren's Bay Subdivision, In the City of Topeka, Shawnee County, Kansas
Lot 12, Block A, Lauren's Bay Subdivision, In the City of Topeka, Shawnee County, Kansas
Lot 13, Block A, Lauren's Bay Subdivision, In the City of Topeka, Shawnee County, Kansas
Lot 11, Block B, Lauren's Bay Estates Subdivision, In the City of Topeka, Shawnee County, Kansas
Lot 12, Block B, Lauren's Bay Estates Subdivision, In the City of Topeka, Shawnee County, Kansas
Lot 13, Block B, Lauren's Bay Estates Subdivision, In the City of Topeka, Shawnee County, Kansas
Lot 14, Block B, Lauren's Bay Estates Subdivision, In the City of Topeka, Shawnee County, Kansas
Lot 20, Block B, Lauren's Bay Estates Subdivision, In the City of Topeka, Shawnee County, Kansas
Lot 21, Block B, Lauren's Bay Estates Subdivision, In the City of Topeka, Shawnee County, Kansas
Lot 1, Block C, Lauren's Bay Estates Subdivision, In the City of Topeka, Shawnee County, Kansas
Lot 2, Block C, Lauren's Bay Estates Subdivision, In the City of Topeka, Shawnee County, Kansas
Lot 3, Block C, Lauren's Bay Estates Subdivision, In the City of Topeka, Shawnee County, Kansas
Lot 5, Block C, Lauren's Bay Estates Subdivision, In the City of Topeka, Shawnee County, Kansas
 EXHIBIT B

 CID Legal Description


Lots 11, 12, 13, 14, 20, 21, 22, 24 and 28, Block B, Lauren’s Bay Estates Subdivision; Lots 1,
2, 3 and 5, Block C, Lauren’s Bay Estates Subdivision; Lot 2 and part of Lot 1 (Parcel ID
1442004005052000), and Lots 12 and 13, Block A, Lauren’s Bay Subdivision; and Lots 2 and
3, Block A, Lauren’s Bay Subdivision No. 2, all in and to the City of Topeka, Shawnee County,
Kansas
 EXHIBIT C

CID Eligible Project Costs
 EXHIBIT D
Housing Development Plan
 Exhibit E
House Plan Presentation
Lauren’s Bay
Subdivision

Topeka, KS
CEDAR HILL




 • 1936 Sq ft
 • 3/3/3 unfinished basement
 • 54’ x 54'
 COTTER MODERN




• 1976 sq ft
• 3/2.5/3 Slab on Grade
• 60.5’x 64’5”
ELWAY




 • 1826 sq ft
 • 3/2/3 Slab on Grade
 • 61’x62’
 ELWAY GLENN




• 1861 sq ft
• 3/2/3 unfinished basement
• 61’x68’
HESTER




 • 1720 sq ft
 • 3/2/3 unfinished basement
 • 62’x55.5’
 JACKSON MODERN




• 2176 sq ft
• 4/2/3 slab on grade
• 64’x64’
Lake House Plan
2297 sq ft

3/2.5/3 optional basement

67’6” x 85’4”
 EXHIBIT F
RHID Eligible Project Costs
 EXHIBIT G

 CERTIFICATION OF EXPENDITURES

 Date:

 Certification #

City Clerk of the
City of Topeka, Kansas

 In accordance with the Development Agreement for the Lauren’s Bay Development RHID dated ______________,
2025 (the “Agreement”), between the City of Topeka, Kansas, (the “City”), and LB Lots, LLC, (the “Developer”), the
Developer hereby certifies, with respect to all payment amounts requested pursuant to this Certificate to be reimbursed to
the Developer, as follows:

 1. All amounts are RHID Eligible Project Costs (as defined in the Agreement) that are reimbursable to the
 Developer pursuant to the Agreement and the RHID Act, (as defined in the Agreement).

 2. All amounts have been advanced by the Developer for RHID Eligible Project Costs (as defined in the
 Agreement) in accordance with the Agreement and represent the fair value of work, materials or expenses.

 3. No part of such amounts has been the basis for any previous reimbursement under the Agreement from the
 Reimbursement Funds or request for reimbursement from the RHID Fund (as defined in the Agreement).

 4. All taxes and assessments currently due on any property owned by the Developer in the City of Topeka have
 been paid.

 5. No uncured Events of Default under the Agreement currently exist.

 The Developer further certifies that all insurance policies required to be in force under the Agreement are in full
force and effect and that the Developer is in compliance, in all material respects, with all further terms of the Agreement.

 The total amount of reimbursement requested by this Certificate is $___________, which amount is itemized on
Attachment D-1 attached to the Certificate and which Attachment D-1 includes ____ page(s), is incorporated herein by
reference and has been initialed by the authorized representative of the Developer who signed this Certificate. Attached to
Attachment D-1 are copies of the contract, invoice or other billing for the RHID Eligible Project Costs for which the
Developer seeks reimbursement, along with copies of checks, evidence of wire transfers or other evidence of payment by
the Developer of such RHID Eligible Project Costs and hereby certify that such copies are true and accurate copies of the
original documents.

 LB Lots, LLC
 A Kansas Limited Liability Company

 By: _____________________________________

 _________________________________________
 Print Name and Title
 EXHIBIT H
 REIMBURSEMENT FORM



Date:

Certificate # _____________


 Description of Expense (attach additional supporting documentation) Amount of Expense

 ________________________________________________________ $________________


 ________________________________________________________ $________________


 ________________________________________________________ $________________


 ________________________________________________________ $________________



 Total Expenses $________________




 ____________________
 Initials of Developer
 LB Lots, LLC
Lauren’s Bay Development
 RHID
 Rhiannon Friedman, Planning & Development Director
 District Overview 2


• The City of Topeka has received an application requesting the creation
 of an RHID district for 15 lots located in Lauren’s Bay.
• Staff is seeking approval at the March 18th meeting to send this district to
 the Kansas Department of Commerce for approval.
Lauren’s Bay 3


• Lauren’s Bay entrance is
  located at SW 47th &
  Wanamaker Rd. The
  map on the right shows
  the 15 lots that will be
  included in the district if
  approved by Dept. of
  Commerce.
• LB Lots proposal is to
  build and sell 15 single-
  family homes in the
  proposed district over
  the next 4 years. The
  homes will vary in cost
  and size to meet the
  market demand for the
  area.
Next Steps 4


• Application requesting a district be created was submitted on
  February, 13th 2025 by applicant LB Lots.


• We are currently seeking approval to send to Department of
  Commerce for the creation of a district at the March,18th 2025
  Governing Body meeting.
 COMMITTEE REFERRAL SHEET
 COMMITTEE REPORT

 Name of Public Infrastructure
 Committee:

 Title: Lauren’s Bay Lots, LLC


Date referred
from Council
 meeting:

Date referred February 18, 2025
 from
 Committee:

  Committee MOTION: Committee member Dobler made a motion to
 Action: approve and move forward to the Governing Body for
 action. Committee member Ortiz seconded. Approved 3-0-
 0.

  Comments:

Amendments:


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

Agenda Date March 11, 2025
 Requested:
 CITY OF TOPEKA
 CITY COUNCIL Tonya Bailey, Sr Executive Assistant
 City Hall, 215 SE 7th St., Room 255 Tara Jefferies, Sr Executive Assistant
 Topeka, KS 66603-3914 E-mail: councilassist@topeka.org
 (785) 368-3710 www.topeka.org



 EXCERPT
 CITY OF TOPEKA, Topeka, Kansas, Tuesday, February 18, 2025. The Public
Infrastructure Committee members met at 11:00 A.M. with the following Committee members
present: Sylvia Ortiz, David Banks (Chair) and Neil Dobler.

 The following is an excerpt of the draft minutes from the meeting:
 APPROVAL to proceed to the Governing Body for action for Lauren’s Bay Lots, LLC.


Lauren’s Bay

Assistant City Manager Braxton Copley spoke to Resolution 9609 regarding the negotiation
between the Public Infrastructure Committee and the Developer for terms of payment and the
forgiven special assessments for the lots in the 2024 tax sale which was extended to March 31,
2025. There has been a proposal from the Developer. The proposed deal terms are subject to
Public Infrastructure Committee and Council approval:
 • Payment of past due special taxes at $2.25 per square foot. Total $525,000. Actual
 past due specials are $423,000.
 • Payment would go into an escrow account pending approval of the Development
 Agreement, Reinvestment Housing Incentive District (RHID), Community
 Improvement District (CID).
 • Future specials would be restructured under a CID with 20 annual installments over
 22 years. The net result would reduce the monthly amount to $150 per month, from
 $300.
 • Subject to approval of RHID and a “but-for” financial analysis test.
 • Developer intends to include land acquisition, utilities and vertical construction
 costs.
Committee member Dobler spoke to the proposal from the Developer and asked for clarification
that the back taxes for the 16 lots would be paid back and the City of Topeka and would recoup
dollars from the specials if the agreement is met. Copley confirmed that is correct. Dobler also
stated the future monthly specials would be reduced to a feasible monthly amount for the lots.
Copley also confirmed the reduced future specials if the CID were to be approved.

Committee member Ortiz questioned what would happen if the agreement with the Developer is
not met. Copley confirmed that per the resolution if the City of Topeka cannot reach an

Presented at the March 11, 2025 Governing Body Meeting Page 1
agreement with the developer by March 31, 2025, the developer will donate the 16 parcels of
land in question to the city’s Land Bank. Representing the Developer, Jennifer Sourk, confirmed
that the term had been mutually negotiated and are agreeable, with the contingency of the RHID.

Assistant City Manager Braxton Copley confirmed the timeline to finish the development
agreement as well as have the resolutions relating to the initial steps for the CID and RHID in
time for the full City Council to discuss at its March 11 meeting with a final City Council vote
for March 18, 2025. Committee member Ortiz added that she appreciates the work of the staff to
get the agreement in front of the Council to meet the deadline. Councilmember Michelle Hoferer
questioned the construction timeline. Braxton Copley stated pending approvals it could be late
2025.

Committee member Dobler asked if the Development Agreement would go before the Governing
Body by the deadline. City Attorney Amanda Stanley confirmed that would happen before the
deadline of March 31, 2025 then go to the Department of Commerce for state approval. Dobler
continued to express his support for the agreement and feels the agreement will give the City the
best of the situation. He added his appreciation to the staff for their hard work.

MOTION: Committee member Dobler made a motion to approve and move forward to the
Governing Body for action. Committee member Ortiz seconded. Motion approved 3-0-0.



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




Presented at the March 11, 2025 Governing Body Meeting Page 2
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 March 11, 2025


DATE: March 11, 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.

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Governing Body Minutes – March 11, 2025

 CITY COUNCIL CHAMBERS, Topeka, Kansas, Tuesday, March 11, 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 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 March 11, 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 March 11, 2025 for attachment to the meeting minutes.

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

 Councilmember Valdivia-Alcala.

 THE PLEDGE OF ALLEGIANCE was recited by meeting participants.

 BOARD APPOINTMENT recommending the appointment of Pedro Concepcion to the

NOTO Business Improvement District Advisory Board to fill a term ending March 11, 2027, was

presented. (Council District No. 2)

 Councilmember Hiller moved to approve the appointment. The motion seconded by

 Councilmember Banks carried on roll call vote. The mayor does not vote. (8-0-0)

 APPROVAL of the MINUTES of the regular meeting of March 4, 2025, was presented.

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


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

 AN UPDATE on the Metropolitan Topeka Airport Authority (MTAA) was provided by

 Mike Munson, MTAA Board Director and Curtis Sneden, MTAA Director of Development.

 Councilmember Duncan entered the room.

 Curtis Sneden, MTAA Director of Development, provided an overview of the following:

 Current: Philip Billard Airport
 • New Terminal Building and Sky Restaurant
 • Fixed-Based Operator – which has increased military traffic
 • Improved and expanded maintenance operation
 • T-Hanger repairs and restorations

 Future : Philip Billard Airport
 • Flight Academy
 • New Fuel Farm with Self-Fueling
 • Multiple Runway and Taxiway improvements
 • Complete Perimeter Fence

 Current: Topeka Regional
 • New Fuel Farm
 • Taxiway Alpha-Delta Project nearing completion – linkage to KC 46
 • 2024 “Thunder Over the Heartland”
 • Aerus Expansion
 • Growth in rental income

 Future: Philip Billard Airport
 • Ongoing Renovations
 • Office Remodel
 • OLDCC & Kansas Department of Commerce
 • MRO Hangar Project
 • Commercial Air Service

 Councilmember Miller inquired on how MTAA has prepared for changes in the airline

service industry since the time Topeka offered commercial airline services which ultimately

failed.

 Councilmember Kell inquired on the impact of the Topeka Airport being located in close

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 74
proximity of the Kansas City International Airport and the Manhattan Regional Airport.

 Curtis Sneden reported in preparation of securing services they have researched data from

10 years ago and compared it to current data which has provided insight on industry service

standards. Point-to-point carriers have been located to establish the roots necessary to support a

successful airport in Topeka, while focusing on services offered by smaller airlines. He stated

they plan to continue to collect valuable industry service data.

 Mayor Padilla recommended promoting the airlines to larger businesses within Topeka.

 Councilmember Hiller suggested MTAA routinely check to make certain the airlines are

providing good reliable service.

 Councilmember Banks expressed his excitement with the airline services and

commended MTAA for their work on the initiative.

 AN UPDATE on the Topeka and Shawnee County Parks and Recreation Consolidation

was provided by Amanda Stanley, City Attorney.

 Councilmember Hiller asked if any new parks have been created.

 City Attorney Stanley stated new parks have been built; however, she would report back

to the Governing Body regarding the administration of funds for new parks.

 ORDINANCE NO. 20548 introduced by City Manager Dr. Robert M. Perez, exempting

 certain requirements in K.S.A. 41-710 concerning distances of retail liquor stores in relation to

 schools, colleges or churches, was presented. (Ordinance was discussed at the March 4, 2025,

 Governing Body meeting.)

 Amanda Stanley, City Attorney, reported the ordinance was discussed at the March 4,

2025, Governing Body meeting and the applicant was present for questions.

 Councilmember Valdivia-Alcala spoke in opposition of the request. She expressed
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concern with the impact these types of decisions have on the community as it relates to social

deterrence.

 Councilmember Ortiz reported she spoke with people who work and live in the proposed

business area that do not support the request; therefore, she will vote in opposition.

 Councilmember Duncan reported the waiver was a requirement of the State of Kansas

and if the business was located 20 feet in the other direction the Governing Body would not be

having this discussion. He referenced comments made at the March 4, 2025, Governing Body

meeting suggesting the City create a Density Plan which he believes would be a good idea and

he would welcome Governing Body members to introduce one. He stated the Casey’s Store

located at 1404 SW 17th Street was granted a Cereal Malt Beverage License by the Governing

Body on February 4, 2025, with no objections.

 Councilmember Kell stated he concurs with Councilmember Duncan and will support the

request.

 Councilmember Hiller stated it was the opinion of the Kansas Attorney General that the

Governing Body has the right to grant a waiver and noted in general, people will be located at

least 600 to 1000 feet from the retail liquor store. She reported supporting small businesses

remains a priority for her.

 Councilmember Miller stated he supports small businesses; however, he will not support

a 20-foot waiver for a liquor store due to the effects alcohol already has on the overall health

detriments of the community.

 Councilmember Valdivia-Alcala expressed interest in working on a Density Plan for the

city of Topeka. She spoke to the compact density of establishments that sell alcohol in Oakland

and associated crimes.
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 Mayor Padilla spoke in support of creating a Density Plan for the city of Topeka. He

referenced his experience as an employee of the State of Kansas Alcohol Beverage Control

(ABC) and noted, this type of situation remains a struggle in all communities. He stated he

believes the Governing Body as a whole supports small businesses. He spoke in support of the

request.

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

Councilmember Kell carried.

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

Dobler, Duncan, Hoferer, and Mayor Padilla -7. Noes: Valdivia-Alcala, Ortiz and Miller -3.

 RESOLUTION NO. 9633 introduced by the Public Infrastructure Committee comprised

of Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of

Project No. 141037.02 for Traffic Signal Replacement at SW 21st Street and Randolph Avenue,

was presented. (Public Infrastructure Committee recommended approval on February 18, 2025.)

 Steve Groen, Public Works Director, stated approval would authorize a total project

budget of $443,029 for Traffic Signal Replacement at SW 21st Street and Randolph Avenue.

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

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

 RESOLUTION NO. 9634 introduced by the Public Infrastructure Committee comprised

of Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of

Project Nos. 841097.06 and 501105.16 for street and utility improvements for NW Menninger

Road from NW Green Hills Road to NW Rochester Road, was presented. (Public Infrastructure

Committee recommended approval on February 18, 2025.)

 Steve Groen, Public Works Director, stated approval would authorize a total project
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 77
budget of $845,000 for street and utility improvements along NW Menninger Road from NW

Green Hills Road to NW Rochester Road.

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

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

 RESOLUTION NO. 9635 introduced by the Public Infrastructure Committee comprised

of Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of

Project Nos. 841097.16 and 501105.09 for street and utility improvements for SW Roosevelt

Street from 8th Avenue to 6th Avenue, was presented. (Public Infrastructure Committee

recommended approval on February 18, 2025.)

 Steve Groen, Public Works Director, reported approval would authorize a total project

budget of $654,371 for street and utility improvements for SW Roosevelt Street from 8th

Avenue to 6th Avenue.

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

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

 RESOLUTION NO. 9636 introduced by the Public Infrastructure Committee comprised

of Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of

Project No. 841097.11 for street improvement on SE Greenfield Court, was presented. (Public

Infrastructure Committee recommended approval on February 18, 2025.)

 Steve Groen, Public Works Director, reported approval would authorize a total project

budget of $258,000 for street improvements on SE Greenfield Court.

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

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


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 DISCUSSION of an application submitted by LB Lots, LLC to establish a Reinvestment

Housing Incentive District (RHID) and requesting that the Secretary of Commerce review the

resolution and to advise the Governing Body, was presented.

 Daniel Twemlow expressed concern with the loss of taxpayer dollars totaling

approximately $6 Million if the RHID was approved. She referenced the City’s housing study

which noted that the Lauren’s Bay area does not meet the “But For” test for affordable housing.

She stated the average market analysis needs to be set at 120% not the proposed 150%.

 Rhiannon Friedman, Planning and Development Director, reported the application was

the first step in establishing a RHID by adopting certain findings and submitting those findings

to the Kansas Secretary of Commerce for review and approval to construct 15 housing units.

 Councilmember Valdivia-Alcala stated the local RHID policy does not allow the district

to be granted if back taxes are owed; however, if the Governing Body grants the RHID it will be

setting a precedent for other developers as well as she believes the City could be sued. She spoke

to the social media posts from taxpayers who are offended by the situation and expressed her

disappointment with not being able to find out the actual amount of back taxes owed by Jim

Klausman.

 City Attorney Stanley confirmed there was always the chance the City could be sued;

however, consideration would be given to the fact the Governing Body conducted thoughtful

deliberation and if there was rationale behind the decision.

 Councilmember Kell referenced the plan to place the lots back on the tax roll and noted,

State law would have removed the specials if the properties would have been sold at auction.

 Braxton Copley, Assistant City Manager, reported the Developer was required to pay

$86,000 of back taxes on 16 lots. He explained past due specials totaled $423,000; however, the
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 79
total negotiated payment of past due specials was $525,000 ($2.25 per square foot). He spoke to

the importance of addressing future specials on the 16 lots as part of negotiations and the future

specials creating a CID to extend payoff time from 10 to 20 years which would ultimately allow

lower marketable specials on the lots to $185 per month.

 Councilmember Duncan asked if the Developer has already agreed to the terms.

 Councilmember Kell questioned the timeline of the development.

 Assistant City Manager Copley stated the Developer has agreed to the terms, their Legal

Counsel was available via Zoom for questions and approval of the development agreement was

based on approval of the CID and RHID.

 Councilmember Valdivia-Alcala inquired on the escrow funds if the deal fails.

 City Attorney Stanley reported a third-party escrow agent would manage the escrow

agreement and the terms of the escrow states if the deal fails the escrow will automatically

transfer to the City.

 Councilmember Banks expressed concern with setting precedence and believes the City

may be sued in the future over the deal because there are tax regulations in place that are not

being followed.

 Councilmember Hiller reported Jim Klausman was not the original developer of the

properties and once the agreement of the 16 lots was approved, she believes other developers

will want the same opportunity.

 Dr. Robert M. Perez, City Manager, reminded the Governing Body the past due taxes

have already been paid on the 16 lots and a plan was in place to pay the past due specials.

 Councilmember Valdivia-Alcala referenced the 105 lots that Mr. Klausman owns and

questioned if he will be grated a similar deal in the future.
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 80
 City Manager Perez reported in beginning discussions they had spoken of possible future

deals; however, following approval of Resolution No. 9586 on September 17, 2024, by the

Governing Body, negotiations have centered around the 16 lots listed in the resolution which

continues to be the main focus of development.

 Councilmember Kell asked for clarification on what fees were being waived.

 Assistant City Manager Copley stated the penalties as well as interest costs were waived

by Shawnee County when the properties were sold in the Tax Foreclosure Sale.

 PUBLIC COMMENT was submitted by Joseph Ledbetter (Attachment A).

 ANNOUNCEMENTS BY THE CITY MANAGER, MAYOR AND MEMBERS OF

THE COUNCIL;

 Megan Brunson, Assistant City Clerk, provided an overview of the March 18, 2025,

Governing Body meeting agenda.

 Councilmember Kell announced on March 11, 2025 the 17-year-old Topeka Zoo

mountain lion “Cassy” passed away and commented on the great educational experiences she

provided the community. He referenced various construction projects across the city and asked

residents to be mindful of the safety of city workers.

 Councilmember Duncan announced he would host District 8 Office Hours on March 13,

2025, from 3:30 p.m. to 5:00 p.m. at Fairlawn Plaza.

 Councilmember Hiller announced the Omni Circle Group would host a Central Park

cleanup event on March 29, 2025, starting at 8:00 a.m. She reminded citizens to participate in the

many St. Patrick’s Day celebrations across the city on March 15, 2025.

 Councilmember Kell moved to recess into executive session not to exceed 45 minutes to

discuss data relating to financial affairs or trade secrets of a corporation considering entering the
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 81
Topeka market in the housing sector as allowed under KSA 75-4319(b)(4). The open meeting

will resume in the City Council Chambers. The following individuals will be necessary to assist

the Board in its deliberations, City Manager Perez and any other individuals the Governing Body

finds useful. The motion was seconded by Mayor Padilla.

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

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

motion carried unanimously. Councilmember Ortiz voted “no.” (9-1-0)

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

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

 NO FURTHER BUSINESS appearing the meeting adjourned at 8:36 p.m.




 (SEAL)

 Brenda Younger City Clerk




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 Attachment A


From: Joseph Ledbetter
To: City Council; City Clerk; Spencer Duncan; Neil Dobler; Sylvia Ortiz; David Banks; Mayor
Subject: City DEBT and slow Street projects// Public Comments 3/11/2025
Date: Tuesday, March 11, 2025 5:33:52 PM



  Notice: -----This message was sent by an external sender-----
The City has completely missed it on most of last year's street projects. Topeka Blvd., and SE
29TH STREETS ARE STILL NOT OPEN. BOTH PROJECTS WERE STARTED TOO
LATE IN THE YEAR.  

Additionally, Our debts as a city are Skyrocketing and no one in the City government is
stopping it! Borrowing was Up $10 Million per month from Aug 2024 to January 2025, an
additional $50 Million. Or at this rate $120 Million more in City debt per year! This is
bankruptcy waiting to happen! Why are we taking all of our finance advice from some outfit
out of Overland Park-Columbian Finance? Although he is gone, I was told by Steve Wade the
city added borrowing would stop in 2024, and that when he was over the finance department
we had nearly 30 staff in that department. What are they being used for? I am very concerned
about the City's budget, and debt, and lack of productivity especially in Public Works and the
added FTE's in past three years to City staff. This especially when we are not growing in
population.for past 12 years, and actually declined 2,500 citizens.

Thank you,
Joseph Ledbetter, Citizen, Taxpayer