Governing Body — Topeka, KS
Date: 2024-10-01

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




 Governing Body Agenda
 October 1, 2024
 6:00 PM

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


Addressing the Governing Body: Public comment for the meeting will be available via Zoom or in-person. Individuals
must contact the City Clerk's Office at 785-368-3940 or via email at cclerk@topeka.org by no later than 5:00 p.m. on the
date of the meeting, after which the City Clerk's Office will provide Zoom link information and protocols prior to the
meeting. View the meeting online at https://www.topeka.org/communications/live-stream/ or at
https://www.facebook.com/cityoftopeka/.
Written public comment may also be considered to the extent it is personally submitted at the meeting or to the City
Clerk's Office located at 215 SE 7th Street, Room 012B, Topeka, Kansas, 66603 or via email at cclerk@topeka.org on or
before the date of the meeting for attachment to the meeting minutes.
If you need any accommodations for the meeting, please contact the City ADA Coordinator at 785-368-4470. Kansas
Relay Service at 800-766-3777. Please provide a 48 Hour Notice if possible. Assistive listening devices are available for
use in the community forum.
Agendas are available by 5:00 p.m. on Thursday in the City Clerk's Office, 215 SE 7th Street, Room 012B, Topeka,
Kansas, 66603 or on the City's website at https://www.topeka.org.
CALL TO ORDER:
INVOCATION:
PLEDGE OF ALLEGIANCE:
1. ROLL CALL:
2. PRESENTATIONS:
 Lead & Copper Rule Revisions (LCRR)
3. CONSENT AGENDA:
 A. MINUTES of the regular meeting of September 17, 2024
 B. APPLICATIONS:

4. ACTION ITEMS:
 A. Security Guard License Appeal - S. Reed

 APPEAL submitted by Shirley Reed for denial of Private Security Guard License.

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

 (Approval to deny the appeal, will affirm the decision of the Topeka Police Department to deny Ms.
 Reed's private security guard license.)

 B. Ordinance - Community Resources Council (PUD 24/13)

 ORDINANCE introduced by City Manager Dr. Robert M. Perez amending the “District Map”
 referred to and made a part of the Zoning Ordinances by Section 18.50.050 of the Topeka
 Municipal Code on property located at 2303 SW College Avenue by changing the zoning from
 “R-1” Single Family Dwelling District ALL TO “PUD” Planned Unit Development District to
 allow R-1 uses and not-for-profit social services subject to conditions of approval. (PUD 24/13)
 (Council District No. 6)

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

 (Approval will allow the reuse of the former elementary school for non-profit social services as well
 as their administrative offices.)

 C. Resolution - Club Car Wash and Dollar Tree (Community Plaza Subdivision) Control Access

 RESOLUTION introduced by City Manager Dr. Robert M. Perez recommending approval of an
 adjustment of access control to the Final Plat of the Community Plaza Subdivision. (The Public
 Infrastructure Committee recommended approval on September 17, 2024.)
 Voting Requirement: Action requires at least six (6) votes of the Governing Body.

 (Approval would adjust the access control to the Final Plat of the Community Plaza Subdivision
 addressing the flow of traffic to the Club Car Wash and Dollar Tree on SE California Avenue at
 approximately SE 26th Street.)

 D. Ordinance - Bi-Annual Contractor Licensing

 ORDINANCE introduced by City Manager Dr. Robert M. Perez, amending Sections 5.63.040
 and 5.63.050 concerning licenses and registration term and fees of the Topeka Municipal Code
 and repealing original sections. (The Policy and Finance Committee recommended approved by a
 vote of 3-0-0 on August 15, 2024.)

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

 (The proposed ordinance would amend TMC Section 5.63.50 to allow licenses to be issued on a
 two-year cycle.)

 E. Resolution - Hotel Topeka Additional Funding Request

 RESOLUTION introduced by City Manager Dr. Robert M. Perez regarding additional funding
 for operations and maintenance of Hotel Topeka in the amount of $500,000.

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

 (Approval would authorize an additional $500,000 to be used for any future operating fund requests
 for emergency or life safety issues.)

5. NON-ACTION ITEMS:
 A. Discussion - 2025 Special Alcohol Grant Fund

 DISCUSSION of funding recommendations by the Alcohol and Drug Advisory Council in the
 amount of $670,534 for the 2025 Special Alcohol Fund.

 ( The City receives the liquor tax collected by the State of Kansas. State statute requires that one-
 third of the proceeds be deposited in the City's Special Alcohol and Drug Program Fund.)

 B. Discussion - Land Bank Ordinance Amendment

 DISCUSSION of a proposed amendment to Section 6(d) of the City's Land Bank Ordinance
 No. 20426 concerning Administration of property. (The Policy and Finance Committee
 recommended approval on August 15, 2024.)

 (Approval of the proposed ordinance would allow for transfer of property to be utilized as a rental
 property not exclusively homeownership.)

6. PUBLIC COMMENT:
 Public comment for the meeting will be available via Zoom or in-person.
 Individuals must contact the City Clerk's Office at 785-368-3940 or via email at
 cclerk@topeka.org by no later than 5:00 p.m. on the date of the meeting, after
 which the City Clerk's Office will provide Zoom link information and protocols
 prior to the meeting. Written public comment may also be considered to the
 extent it is personally submitted at the meeting or to the City Clerk's Office
 located at 215 SE 7th Street, Room 012B, Topeka, Kansas, 66603 or via email at
 cclerk@topeka.org on or before the date of the meeting for attachment to the
 meeting minutes. View the meeting online at
 https://www.topeka.org/communications/live-stream/ or at
 https://www.facebook.com/cityoftopeka/.
7. ANNOUNCEMENTS:
8. EXECUTIVE SESSION:
 Executive Sessions are closed meetings held in accordance with the provisions of the Kansas
 Open Meetings Act.

 (Executive sessions will be scheduled as needed and may include topics such as personnel
 matters, considerations of acquisition of property for public purposes, potential or pending litigation
 in which the city has an interest, employer-employee negotiations and any other matter provided for
 in K.S.A. 75-4319.)
9. ADJOURNMENT:
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 October 1, 2024


DATE: October 1, 2024
CONTACT PERSON: Sylvia Davis, Utilities DOCUMENT #:
 Director
SECOND PARTY/SUBJECT: PROJECT #:
CATEGORY/SUBCATEGORY
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:
 Lead & Copper Rule Revisions (LCRR)
VOTING REQUIREMENTS:
POLICY ISSUE:
STAFF RECOMMENDATION:
BACKGROUND:
BUDGETARY IMPACT:
SOURCE OF FUNDING:
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 October 1, 2024


DATE: October 1, 2024
CONTACT PERSON: Jamey Haltom, Interim DOCUMENT #:
 Police Chief
SECOND PARTY/SUBJECT: Security Guard License PROJECT #:
 Appeal
CATEGORY/SUBCATEGORY 001 Appeals / 002 License Denial
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

APPEAL submitted by Shirley Reed for denial of Private Security Guard License.

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

(Approval to deny the appeal, will affirm the decision of the Topeka Police Department to deny Ms. Reed's
private security guard license.)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether the facts supporting the denial of the license application are correct (i.e. was the applicant convicted of
a crime of violence within 10 years prior to the license application.).
STAFF RECOMMENDATION:
Uphold Denial pursuant to Topeka Municipal Code 5.90.140(a)(3)(iii)
BACKGROUND:
Topeka Police Department denied Ms. Reed’s application pursuant to TMC 5.90.140(a)(3)(iii) based on the fact
that the applicant was convicted of the charge of battery on April 6, 2017. Ms. Reed’s appeal states she struck a
burglar in self-defense. Topeka Municipal Code Section 5.90.130(c) allows the applicant to appeal in writing and
request a hearing before the City Council.
BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Not Applicable.

ATTACHMENTS:
Description
S. Reed Appeal Letter
S. Reed Denial Letter
TMC Sections 5.90.130 and 5.90.140
S. Reed Handout
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 October 1, 2024


DATE: October 1, 2024
CONTACT PERSON: Dan Warner, AICP, DOCUMENT #: PUD24/13
 Planning Division
 Director
SECOND PARTY/SUBJECT: Mary Thomas, PROJECT #:
 Community Resources
 Council
CATEGORY/SUBCATEGORY 014 Ordinances – Non-Codified / 007 Zoning
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

ORDINANCE introduced by City Manager Dr. Robert M. Perez amending the “District Map” referred to
and made a part of the Zoning Ordinances by Section 18.50.050 of the Topeka Municipal Code on
property located at 2303 SW College Avenue by changing the zoning from “R-1” Single Family Dwelling
District ALL TO “PUD” Planned Unit Development District to allow R-1 uses and not-for-profit social
services subject to conditions of approval. (PUD 24/13) (Council District No. 6)

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

(Approval will allow the reuse of the former elementary school for non-profit social services as well as their
administrative offices.)

VOTING REQUIREMENTS:
Governing Body Voting Options:

 1. Approve the Planning Commission's recommendation. A minimum of 6 votes are required of the Governing
 Body.
 2. Amend the Planning Commission's recommendation or refuse to approve the Planning Commission's
 recommendation. A minimum of 7 votes are required of the Governing Body.
 3. Remand to the Planning Commission for further consideration, with a statement specifying the basis for the
 Governing Body's failure to approve or disapprove. A minimum of 6 votes are required of the Governing
 Body.
POLICY ISSUE:
Whether to adopt the Planning Commission's recommendation to rezone the property.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to the adopt the ordinance.
BACKGROUND:
PUD24/13 is a request to amend the current zoning district from "R-1" Single Family Dwelling District to "PUD"
Planned Unit Development. The PUD is needed to allow Community Resources Council to reuse the former
elementary school a center for not-for-profit social services operations. The school was in use by USD 501 as an
elementary school from 1950 to approximately 2022 and the rezoning will not prohibit the building from being used
as a school in the future, if needs of the school district change.

The proposed rezoning is consistent with the Land Use & Growth Mangement Plan.

The applicant conducted a neighborhood meeting on August 1, 2024. In addition to planning staff and the
applicant, there were seven attendees at the meeting. No one expressed a clear objection to the rezoning.

The Planning Commission conducted a public hearing on September 16, 2024 and recommended APPROVAL
of the zoning change by a vote of 8-0-0. Planning staff recommends approval per the attached staff report.
BUDGETARY IMPACT:
Approval of the zoning change will not have an impact on the City's budget.
SOURCE OF FUNDING:
Not Applicable

ATTACHMENTS:
Description
Ordinance
Presentation
Staff Report
Planning Commission Minutes of September 16, 2024
Aerial Map
Zoning Map
Floor Plan
Future Land Use Map
Statement of Operations
Neighborhood Meeting Attendance
 (Published in the Topeka Metro News _______________________________________)


 ORDINANCE NO. ________________________

ORDINANCE introduced by City Manager Dr. Robert Perez amending the “District Map” referred to and
 made a part of the Zoning Ordinances by Section 18.50.050 of the Topeka Municipal Code
 on property located at 2303 SW College Avenue by changing the zoning from “R-1” Single
 Family Dwelling District ALL TO “PUD” Planned Unit Development District to allow R-1
 uses and not-for-profit social service organizations subject to conditions of approval.
 (PUD 24/13) (Council District No. 3)


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

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

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

the described property:

 Block G, Valley Park Subdivision and Lot 23, Valley Park Subdivision Annex #1, City of
 Topeka, Shawnee County Kansas

FROM “R-1” Single Family Dwelling District TO “PUD” Planned Unit Development District and not-for-profit
social service organizations as stated below.


Subject to:

Project Specific Conditions and Review Comments: Conditions and Restrictions stated on the PUD
ordinance shall include the following:
 1. R-1 land uses are permitted. In addition to R-1 land uses, administrative offices and operations for non-
 profit social service organizations having a low impact that does not exceed the impact typical for public
 or private school facilities. Uses may include but are not limited to child day care (day care type II);
 indoor farmers market; recycling education; health care assistance; religious assembly and related uses;
 professional training; therapy and counseling; and indoor and outdoor recreation meeting the definition of
 “indoor/outdoor recreation type I” per the Topeka Zoning Code. An accessory outdoor community
 garden may be permitted. Additionally, refer to the Exhibit: Statement of Operation: Community
 Resource Council, Inc.as guidance on allowed uses and operations.
 2. The use and dimensional standards applicable to R-1 zoning shall apply except as stated in these
 conditions.
 3. The enclosed storage is allowed that is accessory and incidental to the aforementioned uses.
 4. The outside storage of cargo containers, equipment, materials, and inoperable vehicles is prohibited.
 5. Signage shall comply with allowed signs for non-residential districts in chapter 18.10.030 of the Topeka
 Municipal Code and be approved by separate Sign Permit Application.
 6. Substantial changes to the operations as described in the Statement of Operations, or a
 substantial change to the site plan, may require an amendment to the this Planned Unit
 Development in accordance with the amendment procedures in TMC 18.190.070.
 7. Any expansion of the parking areas will require permits and application for permits must include a
 site plan. Fencing or landscaping will be required where parking areas are immediately adjacent
 to neighboring residential property. Existing mature and healthy trees on the property shall be
 maintained and preserved unless replaced with an equivalency of landscaping based on species,
 quantity, current size, and size at maturity.
 8. The Planning Director may approve a reduction in parking stalls provided an equivalent area in
 size to accommodate the additional parking is provided on site in the event it is necessary in the
 future.
 9. Maintenance of all outdoor common areas, parking, and landscaping shall be by the property owner(s)
 10. CRC shall periodically keep the City Planning Department updated of new tenants and activities to ensure these
 are consistent with the approved PUD rezoning.

 Section 2. This Ordinance shall be recorded with the Shawnee County Register of Deeds in accordance with

Section 18.190.060(b) of the Topeka Municipal Code (TMC). Following the recording of this Ordinance and prior to

building permit and/or land development on the site, site development plans as required by this Ordinance shall be

submitted for review and administrative approval by the Planning Director.

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

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

 Section 5. This Ordinance shall take effect and be in force from and after its passage, approval and

 publication in the official city newspaper.



 PASSED AND APPROVED by the Governing Body, City of Topeka, Kansas on ___________________,

2024.




 ___________________________________
 Michael A. Padilla, Mayor
ATTEST:


_______________________
Brenda Younger, City Clerk To Be Codified ___________
 Not To Be Codified ___X___
 EXHIBIT




STATEMENT OF OPERATION: Community Resources Council, Inc.

Overview: Community Resources Council “CRC,” for almost a century, has grown significantly
but has retained nearly all its founding values and initiatives. In 1925 CRC was formed as an
organization that could bridge the divide between local governments and its residents. Since
then, CRC has continued to unite community organizations and efforts, ensuring the most
efficient and effective use of resources. CRC is entrusted with distributing governmental grants
and acts as a voice for advocating on behalf of families in need. The past eleven years, of
operating out of the repurposed Avondale East Elementary School, has undoubtedly benefited the
Hi-Crest area. The neighborhood is experiencing a 30% decrease in crime, a lower Infant
Mortality Rate, and a newfound sense of pride.

Purpose: CRC has always been a resource for social service programing, by partnering with
grass roots groups to create not-for-profit charitable organizations, nurturing and guiding them in
their work on behalf of community need, keeping true to their mission statement, and fostering
growth where needed to sustain new goals in response to the challenges of the community. Part
of the growth opportunity is to set up a brick-and-mortar presence where services can be offered
directly in neighborhoods and/or to existing social service agencies with the expansion of their
presence in the community, again working directly in neighborhoods where they can provide
valuable services.
Use and Operations: Administrative offices and operations for non-profit social service and other grant
funded organizations having a low impact that does not exceed the impact typical for public or private
school facilities. Uses may include but are not limited to child day care (Day Care Center, Type II); indoor
farmers market; recycling education; health care assistance; religious assembly and related uses;
professional training; therapy and counseling; and indoor and outdoor recreation meeting the definition of
“indoor/outdoor recreation type I” per the Topeka Zoning Code. An outdoor community garden may be
permitted subject to approval of a Community Garden Permit.


Current Tenant Mix as of August 2024:

 Alcoholics Anonymous, Alanon, Dual-Addiction (3 different support groups)

 A Parent Break

 Community Resources Council

 Central Topeka Grocery Oasis Group
 Family Life Church of the Nazarene (Campus Outreach)

 Full Circle Sustainability

 Kansas League of Women Voters

 Keep America Beautiful

 Remnant Church

 Topeka Dula

 Topeka Symphony

Future Tenants:

 Apple Seeds Pre-School and Child Care

 Community Resources Council, Computer Lab

GUIDELINES:

 (a) Land Use Compatibility: The change of use is compatible and, will complement,
 existing surrounding land uses in the neighborhood.

 (1) Development: There is no intention to change the footprint of the
 building. No expansions are planned outside the confines
 of the existing building and parking areas
 (2) Height and Floor Area: SAME AS ABOVE

 (3) Setbacks: The existing building setbacks are not affected by
 the change in use.

 (4) Building Coverage: SAME AS ABOVE


 (b) Site Development:

 (1) Parking and Internal The existing parking and circulation on-site will not be
 affected by the change in use. Adequate space is left on site
 in the event parking becomes necessary in the future.
 Circulation:

 (2) Stormwater; There will not be a net increase in impervious surface
 beyond the existing building footprint. The site is located in
 FEMA floodway Zone AE.
 (3) Building Design: There are no proposed changes to the existing
 design.

 (c) Operating Characteristics:

 (1) Traffic Capacity: The proposed use of the building as a CRC CARE
 Center, (Care, Advocate, Research, & Educate), will
 reduce the daily traffic and open up College Ave. from
 a designated one-way street Monday through
 Friday during school hours, to usual traffic
 use.

 (2) External Traffic: Daily traffic use has improved from previous
 building use.

 (3) External Effects: CRC expects to have day, evening, weekend events,
 and educational opportunities from time to time as
 requested by the Neighborhood Improvement
 Association, building tenants, and social service
 agencies, such as Shawnee County Health Agency.

 (4) Outside Storage: There is no outside storage. However, in the future a
 community garden could require a shed for tools
 and supplies.
In Partnership:

Mary Thomas
Mary Thomas,
CEO/Executive Director
Community Resources Council
 PUD24/13 Community
 Resource
 Council

Dan Warner, AICP, Planning Director
PUD24/13 Community Resource Council 2
 STAFF REPORT – PLANNED UNIT DEVELOPMENT
 TOPEKA PLANNING AND DEVELOPMENT DEPARTMENT
 PLANNING COMMISSION DATE: September 16, 2024

APPLICATION
INFORMATION
APPLICATION CASE
NUMBER/NAME: PUD24/13 – Community Resources Council (former Stout Elementary)

REQUESTED ACTION / Rezone the property from “R-1” Single Family Dwelling District to “PUD”
CURRENT ZONING: Planned Unit Development to accommodate R-1 uses plus the addition of
 administrative offices and operations for non-profit social service
 organizations. Uses may include but are not limited to child day care (day
 care type II); indoor farmers market; recycling education; health care
 assistance; religious assembly and related uses; professional training;
 therapy and counseling; and indoor and outdoor recreation meeting the
 definition of “indoor/outdoor recreation type I” per the Topeka Zoning
 Code.

 Per Topeka Municipal Code (TMC) 18.190.050, a PUD typically requires
 the applicant submit a PUD Master Plan. A Master Plan is not required in this
 case because the conditions and restrictions of the PUD can be
 adequately included in the Ordinance reclassifying the property.

PROPERTY OWNER: Unified School District #501

APPLICANT REPRESENTATIVE: Mary Thomas, Community Resources Council

CASE PLANNER: Ann-Marie Driver, AICP, Planner II
PROPERTY ADDRESS: 2303 SW College Avenue

PARCEL SIZE(S): 8.2 acres

PHOTOS: PHOTO: CRC / Stout Elementary School Building taken from College.
PHOTO: Taken looking toward Mount Vernon Apartments on the north from
Collage




PHOTO: Taken looking north from SW 24th Street./ College




 PAGE 2
 PUD24/13 by: Community Resources Council
RECOMMENDATION: Staff recommends APPROVAL subject to conditions of approval outlined in
 the Conditions of Approval and applicant’s statement of operations.

RECOMMENDED MOTION: Motion to APPROVE the rezoning of the subject property from “R-1” Single
 Family Dwelling District ALL TO “PUD” Planned Unit Development District to
 accommodate R-1 uses plus the addition of administrative offices and
 operations for non-profit social service organizations including but not
 limited to the uses described in the attached Statement of Operations.


PROJECT AND SITE
INFORMATION
PROPOSED USE / SUMMARY: Since 2023, Community Resource Council (CRC) has been using the
 former Stout Elementary School building for their administrative office for
 non-profit social service organizations . Planning staff became aware of
 it in late 2023 and contacted the owner to address the zoning and land
 use issue. CRC intends to continue operation of these non-profit social
 service organizations which have a low impact not exceeding the
 impact typical for public or private school facilities. Uses may include
 but are not limited to child day care (day care type II); indoor farmers
 market; recycling education; health care assistance; religious
 assembly and related uses; professional training; therapy and
 counseling; and indoor and outdoor recreation meeting the definition of
 “indoor/outdoor recreation type I” per the Topeka Zoning Code.

 Stout Elementary School was constructed and used as a school by
 Topeka Unified School District from 1955 to 2022. USD 501 will maintain
 ownership and is leasing the facility to CRC to operate a community
 resource center that will serve the surrounding neighborhoods and
 provide a suitable adaptive re-use for the former school. However, the
 proposed rezoning does not prohibit the building and facilities from being
 operated as a school in the future if needs of the school district change.

 Rezoning as a PUD allows greater flexibility to the applicant to retrofit the
 school for a suitable use. While some land uses within higher intensity
 zoning designations may be compatible with low density residential
 surroundings, others are not and the PUD provides both flexibility to re-
 use the school building while also limiting uses that may not be compatible
 with the surrounding neighborhood.

DEVELOPMENT / CASE HISTORY: The property was annexed into the City of Topeka in 1940, and has been
 zoned for single family dwellings since the time of its annexation and has
 been used until recently as an elementary school.

ZONING AND CHARACTER OF The zoning of surrounding property is entirely R-1 / R-2 Single Family
SURROUNDING PROPERTIES: Dwelling District and M-2 Multiple Family Dwelling District. The
 neighborhood is characterized by single family dwellings with multiple
 family dwelling buildings bordering the neighborhood’s north boundary
 PAGE 3
 PUD24/13 by: Community Resources Council
 along SW 21st Street, abutting Washburn University, which function as a
 transitional zoning district into the single family neighborhood.




COMPLIANCE WITH
DEVELOPMENT STANDARDS AND
GUIDELINES

USE STANDARDS AND City of Topeka R-1 use, density, and dimensional standards will apply
DIMENSIONAL STANDARDS: except as noted in the conditions of this PUD.

 The proposed uses are nonresidential, so the use of a PUD provides a
 way to allow for this property to operate as suggested without the risk of
 future development into a potentially incompatible office, institutional
 land use, or other multiple family residential land use.

PARKING AND ACCESS: Off-street parking requirements are determined by land use and not the
 zoning classification. (TMC 18.240). TMC18.240.030(g) allows the
 Planning Department discretion to determine the land use and required
 parking if the uses are not specifically stated in the code. The most
 comparable land use category appears to be “community center” in
 which case the parking standard is 1 space per 300 sf. Per the County
 Appraiser, the building, not including corridors and restrooms, is 25,367
 square feet, therefore:

 25,367 / 300sf
 Total – parking required: 85

 ADA parking stalls: 1 / 25 standard
 stalls

 Parking provided: 30 striped stalls

 Per TMC 18.240.020, the Planning Director may reduce the parking
 required by 25% if there is sufficient space on site equivalent to the
 area of the reduction . There is a paved, unstriped area to the west of
 the school building and a large unused school yard that could be used
 for parking if needed in the future to accommodate any overflow from
 events not currently anticipated. Applying the 25% reduction, 64 stalls
 are required leaving deficit of 34 stalls. CRC has expressed their intent
 to not rely on on-street parking and, to date, CRC and City staff have
 not received complaints about insufficient parking. It is staff’s opinion
 that parking demand is substantially less than 1 space per 300 sf.
 Therefore, staff is recommending no additional off-street parking be
 required at this time. If additional parking is needed, the owner and
 applicant may use areas west of the school building for parking.

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

 PAGE 4
 PUD24/13 by: Community Resources Council
LANDSCAPING: Landscaping requirements may be required in the future if new parking
 areas abut residential uses.

SIGNAGE: Signage will be required to comply with the Sign Code (TMC18.10) as
 applied to nonresidential uses in R-1 zoning districts.

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

VARIANCES REQUESTED: The Planning Director is authorized to approve a reduction inparking
 stalls provided an equal area is provided on site in the event
 additional off-street parking is necessary in the future. Approval of
 the proposed zoning as recommend will reflect the 25% reduction
 and a variance of 34 parking stalls.


OTHER FACTORS
SUBDIVISION PLAT: The subject property is platted as Block G, Valley Park Subdivision and
 Lot 23, Valley Park Subdivision Annex #1. A replat may be required if
 future building and/or site improvements are planned prior to the
 issuance of Building Permits.

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

FLOOD HAZARDS, STREAM The subject property is located within Zone AE Floodway Panel Map
BUFFERS: 20177C0214E. Future development in the flood way may require a
 Hydrological analysis and Permit from the Division of Water Resources
 showing “no-rise” to base flood elevations downstream of the current
 site.




 .
 PAGE 5
 PUD24/13 by: Community Resources Council
HISTORIC PROPERTIES: None

NEIGHBORHOOD PLAN: Located in the Valley Park neighborhood and is subject to the 2021
 Valley Park Neighborhood Plan. The neighborhood plan’s Future Land
 Use Map designates the subject property as “Institutional.”

NEIGHBORHOOD INFORMATION The applicant conducted a Neighborhood Information meeting at the
MEETING: school building on August 1st. There were seven attendees at the
 meeting in addition to Planning staff, Mike Hall and Ann-Marie Driver
 and the applicant representative, Mary Thomas, CRC Director.

 Topics discussed included the nature and impacts of the PUD
 designation, specifically the following: 1) Uses that will be provided
 upon approval of the rezoning, 2) Uses that will not be permitted with
 the rezoning, 3) How this is a compatible use with the neighborhood
 and an appropriate use for the former school, 4) Questions about the
 impact of the FEMA floodway designation on the property, 5)
 Security questions in general and how access to and from the
 building will be controlled, and 5) Future planned uses, including re-
 use of the school yards, which may be used as a community garden
 in the future. None of the attendees expressed a clear opposition to
 the zoning change.


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

Water Pollution Control: No issues identified regarding rezoning.

Fire Department: No issues identified regarding rezoning. Future improvement plans
 will be reviewed with Building Permit submittal.

Development Services: No issues identified regarding rezoning.




KEY DATES
SUBMITTAL: July 17, 2024

NEIGHBORHOOD INFORMATION August 1, 2024
MEETING

LEGAL NOTICE PUBLICATION: August 21, 2024


 PAGE 6
 PUD24/13 by: Community Resources Council
 PROPERTY OWNER NOTICE MAILED: August 23, 2024



STAFF ANALYSIS

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

 CHARACTER OF THE NEIGHBORHOOD: The Valley Park neighborhood developed in the traditional
 neighborhood manner with the school/park originally laid out at the center of the neighborhood. The character of the
 neighborhood is comprised of single family single family dwellings, approximately 1000 – 1300 sf in gross floor area,
 excluding the attached garage, and constructed during the 1950s in the post – WWII postmodernism style. Single
 family residences face the school property and the adjacent school yard acts as a neighborhood park lying at the
 center of the neighborhood. The Shunga Creek FEMA- designated floodway traverses the neighborhood on the
 south edge of the neighborhood’s boundary and is a popular trail for joggers, bikers, and pedestrians. The northern
 boundary of the neighborhood is considered a transitional area into the university campus as the majority of the
 properties contain multiple family dwellings and apartments fronting upon SW 21st Street. The interior of the
 neighborhood contains single family dwellings. A small neighborhood commercial nodal area is located at corner
 Randolph and 21st Street.

 ZONING AND USE OF NEARBY PROPERTIES: The surrounding zoning on the south, east and west is “R-1”
 Single Family Dwelling District and contains single family detached dwellings. The property to the north contains a
 two-story garden apartment complex constructed in 1946 and is zoned “M-2” Multiple Family Dwelling District. The
 proposed rezoning does not substantially change the character of the property and thus is compatible with the
 surrounding zoning and land uses

 LENGTH OF TIME THE PROPERTY HAS REMAINED VACANT AS ZONED OR USED FOR ITS CURRENT USE
 UNDER THE PRESENT CLASSIFICATION: The subject property received its current zoning designation when it
 was annexed into the City in 1940 and was used by Unified School District 501 from approximately 1955 to 2022
 until closed by the school district. The property has been zoned for single family residential land uses since annexed.
 USD 501 will continue to maintain ownership of the building and property.

 SUITABILITY OF USES TO WHICH THE PROPERTY HAS BEEN RESTRICTED: Given that the property has been
 used exclusively for institutional or nonresidential land uses since its initial development, the current zoning
 restrictions are not ideal for the future use of the property. Redevelopment of the site for residential use under the
 current R-1 zoning is probably economically infeasible or difficult for other reasons (i.e. flood way, adaptability of the
 existing housing stock). It is also unlikely that another school or religious institution will have the capacity to use the
 entire school building on the site. The proposed use allowing several different community organizations to locate
 within the same building is an ideal adaptive re-use of the former school and will ensure the school is maintained,
 not creating an eyesore for the neighborhood, if left vacant and abandoned as has occurred with many other schools
 throughout the City of Topeka.

 CONFORMANCE TO THE COMPREHENSIVE PLAN: The proposed rezoning is consistent with the policies of the
 comprehensive plan. The subject property is located in the Valley Park neighborhood and the Future Land Use Map
 designates the subject property as “Institutional” in the neighborhood plan. The PUD zoning will allow the existing
 site and building to be adapted for an institutional use with restrictions and ensure compatibility with surrounding land
 uses. The proposed use will retrofit the former school building and, further, promotes guiding principles of the Valley
 Park plan by providing a community and neighborhood civic space. The PUD rezoning places restrictions on any
 other residential adaptive use of the former school building as the plan does not encourage expansion of multiple
 PAGE 7
 PUD24/13 by: Community Resources Council
 family residential uses into the interior of the neighborhood, other than as transitional uses/zoning along the south
 side of SW 21st Street as a transitional zoning district to the university campus.

 THE EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY
 PROPERTIES: Use of the subject property as proposed is not expected to generate any substantial detrimental
 effect upon the nearby properties. The proposed land use is of equal or lesser intensity than the former school and
 in many ways, such as traffic intensity, has a much lesser impact on the surrounding properties. There are no exterior
 changes proposed to the building or parking that will have a negative impact on adjacent property as the reuse of
 the school building for a community resource center ensures it will remain owned and maintained by a local property
 owner who has the incentive to maintain occupancy of the school. The conditions and restrictions of the PUD zoning
 help to ensure a harmonious coexistence with the surrounding neighborhood.

 THE RELATIVE GAIN TO THE PUBLIC HEALTH, SAFETY, AND WELFARE BY THE DESTRUCTION OF THE
 VALUE OF THE OWNER’S PROPERTY AS COMPARED TO THE HARDSHIP IMPOSED UPON THE INDIVIDUAL
 LANDOWNER: The neighborhood and greater community at-large will stand to gain from the services being
 provided by applicant. Further, denial of the application would not provide any apparent gain to the public health,
 safety, and welfare while simultaneously denying the property owner their right to use their property in a manner that
 is similar to the land use previously occupying the site.

 AVAILABILITY OF PUBLIC SERVICES: All essential public roadways, utilities, and services are currently
 present and available within the area or will be extended with all connections or extensions being at the expense of the
 developer.

COMPLIANCE WITH ZONING AND SUBDIVISION REGULATIONS: Development under the proposed zoning will
require compliance with the conditions detailed in the staff’s report and as proposed in the draft ordinance, as well
as “R-1” Single Family Dwelling District zoning, land use, and dimensional standards. A plat may be required if
deemed necessary by the Planning and Public Works Director at time of future development of the subject
property. Minor or Major amendments to the PUD ordinance require approval in accordance with the Planned
Unit Development section of the comprehensive zoning regulations of the Topeka Municipal Code.

STAFF RECOMMENDATION
Based upon the above findings and analysis, Planning staff recommend APPROVAL of the proposed zoning, subject to
the following conditions, which are to be included in the ordinance adopted by the Governing Body:

Project Specific Conditions and Review Comments: Conditions and Restrictions stated on the PUD ordinance
shall include the following:

 1. R-1 land uses are permitted. In addition to R-1 land uses, administrative offices and operations for non-
 profit social service organizations having a low impact that does not exceed the impact typical for public or
 private school facilities. Uses may include but are not limited to child day care (day care type II); indoor
 farmers market; recycling education; health care assistance; religious assembly and related uses;
 professional training; therapy and counseling; and indoor and outdoor recreation meeting the definition of
 “indoor/outdoor recreation type I” per the Topeka Zoning Code. An accessory outdoor community garden
 may be permitted. Additionally, refer to the Exhibit: Statement of Operation: Community Resource
 Council, Inc.as guidance on allowed uses and operations.
 2. The use and dimensional standards applicable to R-1 zoning shall apply except as stated in these
 conditions.
 3. The enclosed storage is allowed that is accessory and incidental to the aforementioned uses.
 4. The outside storage of cargo containers, equipment, materials, and inoperable vehicles is prohibited.
 PAGE 8
 PUD24/13 by: Community Resources Council
 5. Signage shall comply with allowed signs for non-residential districts in chapter 18.10.030 of the Topeka
 Municipal Code and be approved by separate Sign Permit Application.
 6. Substantial changes to the operations as described in the Statement of Operations, or a
 substantial change to the site plan, may require an amendment to the this Planned Unit
 Development in accordance with the amendment procedures in TMC 18.190.070.
 7. Any expansion of the parking areas will require permits and application for permits must include
 a site plan. Fencing or landscaping will be required where parking areas are immediately adjacent
 to neighboring residential property. Existing mature and healthy trees on the property shall be
 maintained and preserved unless replaced with an equivalency of landscaping based on species,
 quantity, current size, and size at maturity.
 8. The Planning Director may approve a reduction in parking stalls provided an equivalent area is
 provided on site in the event additional off-street parking is necessary in the future.
 9. Maintenance of all outdoor common areas, parking, and landscaping shall be by the property owner(s)
 10. CRC shall periodically keep the City Planning Department updated of new tenants and activities to ensure these
 are consistent with the approved PUD rezoning.

PLANNING COMMISSION MOTION: Based on the findings and analysis in the staff report, I move to recommend to the
Governing Body APPROVAL of the rezoning from “R-1” Single Family Dwelling District to “PUD” Planned Unit
Development with an “R-1” use group to accommodate R-1 uses plus the addition of administrative offices and
operations for non-profit social service organizations including but not limited to the uses as requested and described
in the attached Statement of Operations.


ATTACHMENTS:

Aerial Map
Zoning Map
Future Land Use Map
Neighborhood Information Meeting Attendance and Summary
Draft Ordinance
Statement of Operations




 PAGE 9
 PUD24/13 by: Community Resources Council
 TOPEKA PLANNING COMMISSION
 Monday, September 16, 2024

 CASE MINUTES

 Members present: Willie Brooks, Corey Dehn, Jennifer Hannon, Del-Metrius Herron, Jim Kaup, William
 Naeger, and Donna Rae Pearson, and Jim Tobaben (8)

 Members Absent: Katy Nelson (1)

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


PUD24/13 by Community Resources Council requesting to amend the District Zoning Map on approximately 8.2
acres at 2303 SW College Avenue (former Stout Elementary School) from “R-1” Single Family Dwelling District all
to “PUD” Planned Unit Development to allow use of the property for a Community Center: Daycare Facility, Type II;
Education; Farmers Market; Religious Assembly; and other uses.

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

Questions/Comments from Commissioners:

Mr. Kaup asked about the allotted parking spaces. Ms. Driver stated that there was an area to the west of the play
yard that could be striped for more parking in the future. Ms. Driver also stated that she has driven by the area several
times, and there does not appear to be a parking problem.

Mr. Brooks asked for clarification as to whether USD 501 still owned the property, and why education was not included
in the list of uses. Ms. Driver stated that public and private schools are already allowed in “R-1” zones, and that is
why it was not listed in the PUD.

Mr. Naeger stated that the neighborhood has had past flooding issues, and asked if there were any worries about
flooding. Ms. Driver stated that there would be no changes to the exterior of the building.

Mr. Naeger asked if the owner of the property was better suited to know the amount of parking spaces they need
versus a government mandated number. Ms. Driver stated that city staff thought that if there is a need for more
parking, this could be accommodated by striping some of the paved area west of the building. Ms. Driver also stated
that because this property is within the flood way, any changes to the site or building would require a “No Rise
Certificate” from the Division of Water Resources.

Owner Representative:
Mary Thomas, Community Resource Council

Ms. Thomas stated that this is building number three for Community Resource Council. 501 continues to own the
school, and Community Resource Council has the master lease with the understanding of leasing to non-for-profit
agencies only. There is quite a mix, there is no better label for a “mixed use” property.
  Mr. Kaup asked if CRC was comfortable with the 10 conditions that were set in the conditional use permit. Ms. Thomas
  stated that they are quite comfortable with those conditions as they have worked with staff on them.

  Ms. Pearson opened the hearing up for public comment.

  Doug Mays, 5053 SW 23rd St., wondered what would happen when the school closed. Mr. Mays thinks this is a good
  use for the property, although he is concerned what could happen in the future. Mr. Mays stated there are some plans
  to do some flood prevention type things downstream.

  Ms. Thomas stated she has been assured by 501 that they will always want to own the building, and there is no
  intention to sell that acreage.

  With no one else coming forward, the public hearing was closed.

  Discussion by Commissioners: NA

  Motion by Commissioner Dehn, second by Commissioner Tobaban to approve the rezoning of the subject property
  from “R-1” Single Family Dwelling District all to “PUD” Planned Unit Development District to accommodate “R-1”
  uses plus the addition of administrative offices and operations for non-profit social service organizations including
  but not limited to the uses described in the statement of operations. Approved 8-0-0




 PAGE 2
.18
 COMMUNITY RESOURCES COUNCIL

STATEMENT OF OPERATION: Community Resources Council, Inc.
Overview: Community Resources Council “CRC,” for almost a century, has grown
significantly but has retained nearly all its founding values and initiatives. In 1925 CRC was
formed as an organization that could bridge the divide between local governments and its
residents. Since then, CRC has continued to unite community organizations and efforts, ensuring
the most efficient and effective use of resources. CRC is entrusted with distributing
governmental grants and acts as a voice for advocating on behalf of families in need. The past
eleven years, of operating out of the repurposed Avondale East Elementary School, has
undoubtedly benefited the Hi-Crest area. The neighborhood is experiencing a 30% decrease in
crime, a lower Infant Mortality Rate, and a newfound sense of pride.
Purpose: CRC has always been a resource for social service programing, by partnering with
grass roots groups to create not-for-profit charitable organizations, nurturing and guiding them in
their work on behalf of community need, keeping true to their mission statement, and fostering
growth where needed to sustain new goals in response to the challenges of the community. Part
of the growth opportunity is to set up a brick-and-mortar presence where services can be offered
directly in neighborhoods and/or to existing social service agencies with the expansion of their
presence in the community, again working directly in neighborhoods where they can provide
valuable services.
Use and Operations: Administrative offices and operations for non-profit social service and other grant
funded organizations having a low impact that does not exceed the impact typical for public or private
school facilities. Uses may include but are not limited to child day care (Day Care Center, Type II);
indoor farmers market; recycling education; health care assistance; religious assembly and related uses;
professional training; therapy and counseling; and indoor and outdoor recreation meeting the definition of
“indoor/outdoor recreation type I” per the Topeka Zoning Code. An outdoor community garden may be
permitted subject to approval of a Community Garden Permit.


Current Tenant Mix as of August 2024:
 Alcoholics Anonymous, Alanon, Dual-Addiction (3 different support groups)
 A Parent Break
 Community Resources Council
 Central Topeka Grocery Oasis Group
 Family Life Church of the Nazarene (Campus Outreach)
 COMMUNITY RESOURCES COUNCIL INC ·
 CRC CARE Center @ Avondale East · CRC CARE Center @ Lundgren · CRC CARE Center @ Stout
 Main Office - 455 SE Golf Park Blvd, Topeka, KS 66605 · 785-233-1356 · crcnet.org
 Mary Thomas, CEO/Executive Director · mthomas@crcnet.org
 COMMUNITY RESOURCES COUNCIL

 Full Circle Sustainability
 Kansas League of Women Voters
 Keep America Beautiful
 Remnant Church
 Topeka Dula
 Topeka Symphony
Future Tenants:
 Apple Seeds Pre-School and Child Care
 Community Resources Council, Computer Lab

GUIDELINES:
 (a) Land Use Compatibility: The change of use is compatible and, will complement,
 existing surrounding land uses in the neighborhood.

 (1) Development: There is no intention to change the footprint of the
 building. No expansions are planned outside the confines
 of the existing building and parking areas
 (2) Height and Floor Area: SAME AS ABOVE

 (3) Setbacks: The existing building setbacks are not affected by the
 change in use.

 (4) Building Coverage: SAME AS ABOVE


 (b) Site Development:

 (1) Parking and Internal The existing parking and circulation on-site will not be
 affected by the change in use. Adequate space is left on site
 in the event parking becomes necessary in the future.
 Circulation:
 COMMUNITY RESOURCES COUNCIL INC ·
 CRC CARE Center @ Avondale East · CRC CARE Center @ Lundgren · CRC CARE Center @ Stout
 Main Office - 455 SE Golf Park Blvd, Topeka, KS 66605 · 785-233-1356 · crcnet.org
 Mary Thomas, CEO/Executive Director · mthomas@crcnet.org
 COMMUNITY RESOURCES COUNCIL


 (2) Stormwater; There will not be a net increase in impervious surface
 beyond the existing building footprint. The site is located in
 FEMA floodway Zone AE.

 (3) Building Design: There are no proposed changes to the existing design.

 (c) Operating Characteristics:

 (1) Traffic Capacity: The proposed use of the building as a CRC CARE Center,
 (Care, Advocate, Research, & Educate), will reduce the
 daily traffic and open up College Ave. from a
 designated one-way street Monday through Friday
 during school hours, to usual traffic use.

 (2) External Traffic: Daily traffic use has improved from previous building use.

 (3) External Effects: CRC expects to have day, evening, weekend events,
 and educational opportunities from time to time as
 requested by the Neighborhood Improvement Association,
 building tenants, and social service agencies, such as
 Shawnee County Health Agency.

 (4) Outside Storage: There is no outside storage. However, in the future a
 community garden could require a shed for tools and
 supplies.
In Partnership:

Mary Thomas
Mary Thomas,
CEO/Executive Director
Community Resources Council



 COMMUNITY RESOURCES COUNCIL INC ·
 CRC CARE Center @ Avondale East · CRC CARE Center @ Lundgren · CRC CARE Center @ Stout
 Main Office - 455 SE Golf Park Blvd, Topeka, KS 66605 · 785-233-1356 · crcnet.org
 Mary Thomas, CEO/Executive Director · mthomas@crcnet.org
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 October 1, 2024


DATE: October 1, 2024
CONTACT PERSON: Braxton Copley, DOCUMENT #:
 Assistant City Manager
SECOND PARTY/SUBJECT: Adjustment of access PROJECT #:
 control to the Final Plat
 of the Community Plaza
 Subdivision
CATEGORY/SUBCATEGORY 020 Resolutions / 004 Public Improvements
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

RESOLUTION introduced by City Manager Dr. Robert M. Perez recommending approval of an
adjustment of access control to the Final Plat of the Community Plaza Subdivision. (The Public
Infrastructure Committee recommended approval on September 17, 2024.)
Voting Requirement: Action requires at least six (6) votes of the Governing Body.

(Approval would adjust the access control to the Final Plat of the Community Plaza Subdivision addressing the
flow of traffic to the Club Car Wash and Dollar Tree on SE California Avenue at approximately SE 26th
Street.)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to approve the adjustment of access control to the Final Plat of the Community Plaza Subdivision.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the resolution.
BACKGROUND:
The Public Infrastructure Committee has recommended approval by a vote of 2-0-0 on September 17, 2024 to
close the current access opening, and creating two new access openings, improving the inflow and outflow of
traffic to the Club Car Wash and Dollar Tree on SE California Avenue at approximately SE 26th Street.
BUDGETARY IMPACT:
None
SOURCE OF FUNDING:
None

ATTACHMENTS:
Description
Resolution & Exhibit A
Public Infrastructure Committee Report (September 17, 2024)
Public Infrastructure Committee Meeting Minutes (September 17, 2024)
 1 RESOLUTION NO. ___________
 2
 3 A RESOLUTION introduced by City Manager Dr. Robert M. Perez recommending
 4 approval of an adjustment to access control to the Final Plat of the
 5 Community Plaza Subdivision.
 6
 7 WHEREAS, Final Plat Community Subdivision is recorded with the Shawnee County

 8 Register of Deeds in Book 28, Page 95, re-recorded in Book 28, Page 100, re-recorded on

 9 Book 28, Page 130 and re-platted in Final Plat Community Subdivision No. 4 in Book 54,

10 Page 89 to include access control to the lots to the tract of land; and

11 WHEREAS, the City finds that closing the current access opening and creating two

12 new access opening will improve the inflow and outflow of traffic to the property; and

13 WHEREAS, the Public Infrastructure Committee has recommended approval of

14 closing the current access opening and creating two new access openings as set forth

15 below and as attached as Exhibit “A”.

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

17 CITY OF TOPEKA, KANSAS, that the access opening for South 20 feet of Lot 11, Lot 12,

18 Lot 13, Lot 14 as depicted on the Community Plaza Subdivision is closed and an access

19 opening is created beginning at the Southwest corner of Lot 14; thence North along the

20 West line of Lot 14, 40 feet to the point of termination, and access opening for Lot 1 and Lot

21 2 as depicted on the Community Plaza Subdivision Number 4 is closed and access

22 opening is created commencing at the Northwest corner of Lot 2; thence South on the West

23 line of Lot 2, 95 feet to the point of beginning; thence continuing South on said West line,

24 40.00 feet to the point of termination. A copy of this Resolution shall be recorded with the

25 Register of Deeds.

26



 RES/Final Plat Access Control
 Community Plaza Subdivision 1
27 ADOPTED and APPROVED by the Governing Body on _____________________.

28 CITY OF TOPEKA, KANSAS
29
30
31
32 Michael A. Padilla, Mayor
33 ATTEST:
34
35
36
37 ________________________________
38 Brenda Younger, City Clerk




 RES/Final Plat Access Control
 Community Plaza Subdivision 2
Exhibit “A”
 COMMITTEE REFERRAL SHEET
 COMMITTEE REPORT

 Name of Public Infrastructure
 Committee:

 Title: RESOLUTION – Adjustment to access control to the Final Plat of the
 Community Plaza Subdivision.

Date referred
from Council
 meeting:

Date referred September 17, 2024
 from
 Committee:

  Committee MOTION: Committee member Dobler made a motion to approve the
 Action: Resolution and for it to move forward to the Governing Body.
 Chairwoman Ortiz seconded. Motion approved 2-0-0.

  Comments:

Amendments:


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

Agenda Date October 1, 2024
 Requested:
 CITY OF TOPEKA CITY COUNCIL COMMITTEE
 MEETING MINUTES

 CITY COUNCIL
 PUBLIC City Hall, 215 SE 7th Street, Suite 255
 INFRASTRUCTURE Topeka, KS 66603-3914
 Tel: 785-368-3710
 COMMITTEE Fax: 785-368-3958
 www.topeka.org


 Date: September 17, 2024
 Time: 11:00 a.m.
 Location: 1st Floor Conference Room; Cyrus K. Holliday Building 620 SE Madison
 (virtual attendance option also available)

 Committee members present: Council members Sylvia Ortiz (Chair) and Neil
 Dobler. David Banks was absent.

 City staff present: Assistant City Manager Braxton Copley, Senior Attorney Brandy
 Roy-Bachman, Utilities Director Sylvia Davis, Planning and Development Services
 Director Rhiannon Friedman, Public Works Deputy Director Jason Tryon, Budget
 Manager Josh McAnarney, Todd Workman, Amanda Knowland, Mark Schreiner,
 Dalton Beightel. Virtual: Nicole Malott

 Call to Order
 Chairwoman Ortiz called the meeting to order at 11:05 am. Committee members
 introduced themselves.

 Approval of August 22, 2024 Special Meeting Minutes
 Committee member Dobler made a motion to approve the August 22, 2024 meeting
 minutes. Chairwoman Ortiz seconded. Motion approved 2-0-0.


 Club Car Wash and Dollar Tree -Project No. 601137.01- Resolution

 • Adjustment to access control to the Final Plat of the Community Plaza Subdivision

 Braxton Copley, Assistant City Manager, stated there is a concern with the traffic
 flow into the Club Carwash 2524 SE California Ave. There is concern with a
 significant number of car accidents. The City of Topeka has approached the owners
 of Dollar Tree and Club Carwash to propose a solution to include closing the
 current access opening and creating two new access openings that will improve the
 inflow and outflow of traffic to the property, added storage, and adding traffic
 safety. Currently, in the plat on California Avenue this section is restricted to be
 able to remove access. He stated that the resolution is needed to close off access to
 the existing location and be able to create a new access at the north and south ends
 into Dollar Tree and Club Carwash.



1 – Public Works Infrastructure Committee
Minutes Taken: September 17, 2024
Minutes Approved:
 Copley added that there is a companion case through Shawnee County for the
 condemnation. There has been no response from owners of Dollar Tree to sign the
 access restriction documents. The Club Carwash owners requested ten thousand. He
 added the City will be spending $130,000 to complete the project and be give Dollar
 Tree and Club Carwash a new driveway access; therefore, the City did not believe
 the compensation was a fair request.

 Chairwoman Ortiz expressed her concern for this area and supports the new in and
 out access. She asked for clarification on the name of the business and passed on
 her concern on the in and out access. Copley confirmed that the name of business
 is Dollar Tree. The frontage road will be closed off. There will be access to make a
 right hand turn into Dollar Tree. There will be no medians on California Avenue.

 Committee member Neil Dobler asked for to confirm who is paying for the project.
 Copley confirmed the City of Topeka is paying.

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


 2024 FIRM: Facilities Improvements Project No. 131083.12

 Jason Tryon, Public Works Deputy Director gave information on the current FIRM
 budget which as a result of bids coming in below cost estimates on other projects within
 this program this project is able to be achieved. The Public Works Department is
 proposing that some of those funds be used in two areas in City Hall. He added the
 spaces are currently occupied by Human Resources (HR) and Probation were not
 designed with those departments in mind. As a result, various doors into HR are
 unsecured. In order to provide an adequately private environment for HR business
 we are introducing additional doors that can be secured and accessed by employee
 badges. In addition, the Probation office does not have a private restroom facility
 to perform urine analysis testing as required. This project will allow for a properly
 secured environment and privacy for both departments to function.

 Chairwoman Ortiz asked for clarification where the bathroom will be. Tryon
 confirmed it will be in the Probation office.

 Council member Dobler added that he is in support of the project to make the
 necessary improvements.

 Tryon stated there is no voting necessary for the facilities project and added the
 Public Works Department wanted to inform the committee.




2 – Public Works Infrastructure Committee
Minutes Taken: September 17, 2024
Minutes Approved:
 CIP Amendments

 Josh McAnarney, Budget Manager, provided preliminary information on possible
 future CIP Amendments. The finance department is proposing to change the
 following CIP Project funding sources:

 • 2023 CIP: Amend the funding source for Project No. 241078
 o 2023 Infill Sidewalk Program from GO Bonds to Federal Funds Exchange (FFE)
 for $600,000.
 • 2024 CIP: Amend the funding source for Project No. 141036
 o 2024 Traffic Signals Program from a split of $400,000 FFE and $800,000 GO
 Bonds to fully Federal Funds Exchange funded for a total of $1,200,000.
 • 2024 CIP: Amend the funding source for Project No. 601160
 o Neighborhood Infrastructure (DREAMS 1) from Cash to GO Bonds for
 $1,500,000.
 • 2025 CIP: Amend the funding source for Project No. 131088
 o Facilities Improvement, Repair, and Maintenance Program (FIRM) from Cash
 to GO Bonds for $2,300,000.

 By changing the DREAMS funding from cash to bonds, the City will free up $1.5
 million in cash for the 2024 Operating Budget, resulting in a higher ending reserve
 balance for 2024 than originally projected. To be mindful of bonding costs, the
 finance department also proposed that the 2024 Traffic Signal Program and the
 2023 Infill Sidewalk Program be funded through the Federal Funds Exchange in
 order to offset the move from cash to bonds for DREAMS 1.

 McAnarney added the finance department suggested that future consideration be
 given to switching the 2025 Facilities Improvement Repair and Maintenance
 Program from cash to bonds to reduce expenditures in the 2025 Operating Budget.
 These considerations will be addressed at a later date.

 Braxton Copley asked McAnarney to clarify that the CIP Amendments presented is
 what is being presented for budget approval for the September 17, 2024 meeting.


 Other Items
 Chairwoman Ortiz spoke to 5th Street and Van Buren Street; one-way road, east
 bound. She added that she has seen many car accidents and believes drivers are
 going down the wrong way. She requested there be some added painted pavement
 signals that would help drivers with the traffic instruction.

 Braxton Copley, Assistant City Manager, responded that Public Works would review
 the specific intersection. He added that there have been recommendations to
 convert some one-way streets back to two-way streets; with the Polk-Quincy Viaduct
 project there has been a delay to review the traffic flow of the downtown area once
 all the project is constructed.


3 – Public Works Infrastructure Committee
Minutes Taken: September 17, 2024
Minutes Approved:
 Adjourned 11: 24am


 This meeting can be viewed online at: https://youtu.be/jBQknKLYlYg




4 – Public Works Infrastructure Committee
Minutes Taken: September 17, 2024
Minutes Approved:
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 October 1, 2024


DATE: October 1, 2024
CONTACT PERSON: Richard Faulkner, DOCUMENT #:
 Development Services
 Division Director
SECOND PARTY/SUBJECT: Rhiannon Fredman PROJECT #:
CATEGORY/SUBCATEGORY 013 Ordinances - Codified / 026 Buildings and Building Regulations
CIP PROJECT: No
ACTION OF COUNCIL: Discussion 09-17-24. JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

ORDINANCE introduced by City Manager Dr. Robert M. Perez, amending Sections 5.63.040 and
5.63.050 concerning licenses and registration term and fees of the Topeka Municipal Code and repealing
original sections. (The Policy and Finance Committee recommended approved by a vote of 3-0-0 on August
15, 2024.)
Voting Requirement: Action requires at least five (5) votes of the City Council. The Mayor does not
vote. The proposed ordinance involves a matter of home rule on which the Mayor has veto authority.

(The proposed ordinance would amend TMC Section 5.63.50 to allow licenses to be issued on a two-year
cycle.)

VOTING REQUIREMENTS:
Action requires at least five (5) votes of the City Council. The Mayor does not vote. The proposed ordinance
involves a matter of home rule on which the Mayor has veto authority.
POLICY ISSUE:
We issue approximately 3,000 licenses annually, and they are all due on the same day. This causes a backup in
our processing the renewals. In the past we have had to hire temporary staff to get the licenses processed. We
have implemented online license renewal and this has help considerably. By using bi-annual licensing, we
should cut renewals times down from three months to less than one month.

The Policy and Finance Committee recommended approval by a vote of 3-0-0 on August 15, 2024.
STAFF RECOMMENDATION:
Staff recommends approval of the bi-annual licensing because it would effectively reduce the number of licenses
that are due each year in half and theoretically cut the time to issue the renewals in half, and improving the City's
efficiency to serve the customers.

BACKGROUND:
Trade contractors, trade boards, and the Board of Building Fire and Appeals and the all are in support of the bi-
annual licensing. Staff has also presented this and received full support from the Policy & Finance Committee.
BUDGETARY IMPACT:
The first year of implementing the bi-annual we will have a bump in our licensing fee because half of the
contractors will be paying for two-year license and the other group will be paying for one-year license. From that
point on we will have our normal revenue because we will have half of the contractors paying for two years
which is the same as having all the contractors paying for one year.
SOURCE OF FUNDING:
This proposal will not need any funding.

ATTACHMENTS:
Description
Ordinance
Councilmember Duncan Proposed Amendments - Ordinance
Memo
Presentation
Effect on Revenue
Policy & Finance Committee Report (Aug 15, 2024)
Policy & Finance Committee Meeting Minutes Excerpt (Aug 15, 2024)
 1 (Published in the Topeka Metro News _______________________________________)
 2
 3 ORDINANCE NO. _____________
 4
 5 AN ORDINANCE introduced by City Manager Robert M. Perez, amending § 5.63.040
 6 and § 5.63.050 concerning licenses and registration term and fees
 7 of the Topeka Municipal Code and repealing original sections.
 8
 9 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TOPEKA, KANSAS:

10 Section 1. That section 5.63.040, Licenses and Registration term, of the Code

11 of the City of Topeka, Kansas, is hereby amended to read as follows:

12 Licenses and registrations term.

13 All licenses and registrations shall be for a term of one two (2) years and shall

14 expire the last working day before December 15th in the second year of the term. In the

15 event of the expiration of a license or registration, no new license or registration shall be

16 issued until one year after the license or registration has expired. In the event the

17 individual elects to be licensed during this one-year period, he or she will be required to

18 pay the renewal fee, plus an applicable late fees, or other fees as required under the

19 Code.

20 In December of 2024, all individuals who apply for or renew their licenses and

21 registrations shall be divided into two groups as assigned by the Development Services

22 Director or designee. The first group of individuals shall pay the applicable biennial fees

23 and apply for or renew their licenses and registrations for a term of two years, that shall

24 expire on the last working day before December 15th in even-numbered years. The

25 second group of individuals shall pay the applicable annual fees and apply for or renew

26 their licenses and registrations for a term of one year that shall expire on the last working

27 day before December 15, 2025. After December 15, 2025, the second group of individuals




 ORD/Contractor Licenses 7/9/2024 1
28 shall pay the applicable biennial fees and apply for or renew their licenses and

29 registrations for a term of two years that shall expire on the last working day before

30 December 15th in odd-numbered years.

31 Section 2: That section 5.63.050, Fees, of The Code of the City of Topeka, Kansas

32 is hereby amended to read as follows:

33 Fees.

34 (a) The original annual license or registration fees for contractors, masters,

35 journeymen and apprentices in the electrical, mechanical, plumbing and gas fitting trades

36 set to expire on December 15, 2025 are:

37 (1) Contractor:

38 (i) Commercial contractor type I $250.00

39 (ii) Commercial contractor type II $450.00

40 (iii) Concrete contractor $150.00

41 (iv) Demolition contractor $150.00

42 (v) Elevator contractor $150.00

43 (vi) Fire alarm contractor $150.00

44 (vii) Fire sprinkler contractor $150.00

45 (viii) Framing contractor $150.00

46 (ix) Residential contractor $200.00

47 (x) Roofing contractor $150.00

48 (xi) Swimming pool contractor $150.00

49 (xii) Trade contractors $250.00

50 (A) Master $100.00




 ORD/Contractor Licenses 7/9/2024 2
51 (B) Journeyman $50.00

52 a. Certified backflow

53 Tester/repair technician $50.00

54 (C) Apprentice registration $30.00

55 (b) Annual renewal of license fees for theall contractors, and masters,

56 journeymen and apprentices in the electrical, mechanical, plumbing, and gas fitting trades

57 listed in this sectionwhich is set to expire on December 15, 2025, are:

58 (1) Contractor:

59 (i) Commercial contractor type I $200.00

60 (ii) Commercial contractor type II $400.00

61 (iii) Concrete Contractor $100.00

62 (iv) Demolition contractor $100.00

63 (v) Elevator contractor $100.00

64 (vi) Excavation contractor $100.00

65 (vii) Fire alarm contractor $100.00

66 (viii) Fire sprinkler contractor $100.00

67 (ix) Framing contractor $100.00

68 (x) Residential contractor $150.00

69 (xi) Roofing contractor $100.00

70 (xii) Swimming pool contractor $100.00

71 (xiii) Trade contractors $150.00

72 (A) Master $75.00

73 (B) Journeyman $30.00




 ORD/Contractor Licenses 7/9/2024 3
74 a. Certified backflow

75 tester/repair technician $30.00

76 (C) Apprentice registration $20.00

77 (D) Inactive $30.00

78 (c) The biennial license or registration fees for all contractors, and masters,

79 journeymen and apprentices in the electrical, mechanical, plumbing and gas fitting trades

80 are:

81 (1) Contractor:

82 (i) Commercial contractor type I $500.00

83 (ii) Commercial contractor type II $900.00

84 (iii) Concrete contractor $300.00

85 (iv) Demolition contractor $300.00

86 (v) Elevator contractor $300.00

87 (vi) Fire alarm contractor $300.00

88 (vii) Fire sprinkler contractor $300.00

89 (viii) Framing contractor $300.00

90 (ix) Residential contractor $400.00

91 (x) Roofing contractor $300.00

92 (xi) Swimming pool contractor $300.00

93 (xii) Trade contractors $500.00

94 (A) Master $200.00

95 (B) Journeyman $100.00

96 a. Certified backflow




 ORD/Contractor Licenses 7/9/2024 4
 97 tester/repair technician $100.00

 98 (C) Apprentice registration $60.00

 99 (d) The biennial renewal of license fees for all contractors, and masters,

100 journeymen, and apprentices in the electrical, mechanical, plumbing, and gas fitting

101 trades are:

102 (1) Contractor:

103 (i) Commercial contractor type I $400.00

104 (ii) Commercial contractor type II $800.00

105 (iii) Concrete contractor $200.00

106 (iv) Demolition contractor $200.00

107 (v) Elevator contractor $200.00

108 (vi) Fire alarm contractor $200.00

109 (vii) Fire sprinkler contractor $200.00

110 (viii) Framing contractor $200.00

111 (ix) Residential contractor $300.00

112 (x) Roofing contractor $200.00

113 (xi) Swimming pool contractor $200.00

114 (xii) Trade contractors $300.00

115 (A) Master $150.00

116 (B) Journeyman $60.00

117 a. Certified backflow

118 tester/repair technician $60.00

119 (C) Apprentice registration $40.00




 ORD/Contractor Licenses 7/9/2024 5
120 (D) Inactive $60.00

121 (ce) Registration fee for individuals holding trade licenses issued by another

122 jurisdiction which has license requirements which comply with the provisions of TMC

123 5.63.080:

124 (1) Master $100.00

125 (2) Journeyman $50.00

126 (df) In addition to the foregoing license or registration fees, the following fees or

127 charges shall also apply to all licenses:

128 (1) Change of designated master for trade contractors $50.00

129 (2) Reinstatement fee $30.00

130 (3) Change of address (failure notify

131 Development Services Director) $10.00

132 (4) Duplicate license $10.00

133 (5) Exam application $50.00

134 (6) Exam re-test $20.00

135 (7) Grade verification letter $50.00

136 (eg) Late registration or renewal fee in an amount equal to 25 percent of the

137 renewal fee up to 15 days after the expiration of license. Late registration or renewal fee

138 in an amount equal to 50 percent of the renewal fee 15 days or more after expiration.

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

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

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

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




 ORD/Contractor Licenses 7/9/2024 6
143 Section 5. Should any section, clause or phrase of this ordinance be declared

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

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

146 PASSED AND APPROVED by the City Council on ____________________.
147
148 CITY OF TOPEKA, KANSAS
149
150
151
152 __________________________________
153 Michael A. Padilla, Mayor
154 ATTEST:
155
156
157
158 ________________________________
159 Brenda Younger, City Clerk




 ORD/Contractor Licenses 7/9/2024 7
 Councilmember Duncan Proposed amendments show in double underline


 1 (Published in the Topeka Metro News _______________________________________)
 2
 3 ORDINANCE NO. _____________
 4
 5 AN ORDINANCE introduced by City Manager Robert M. Perez, amending §5.63.040
 6 and §5.63.050 concerning licenses and registration term and fees of
 7 the Topeka Municipal Code and repealing original sections.
 8
 9 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TOPEKA, KANSAS:

10 Section 1. That section 5.63.040, Licenses and Registration term, of the Code

11 of the City of Topeka, Kansas, is hereby amended to read as follows:

12 Licenses and registrations term.

13 All licenses and registrations shall be for a term of one two (2) years and shall

14 expire the last working day before December 15th in the second year of the term. In the

15 event of the expiration of a license or registration, no new license or registration shall be

16 issued until one year after the license or registration has expired. In the event the

17 individual elects to be licensed during this one-year period, he or she will be required to

18 pay the renewal fee, plus an applicable late fees, or other fees as required under the

19 Code.

20 In December of 2024, all individuals who apply for or renew their licenses and

21 registrations shall be divided into two groups as assigned by the Development Services

22 Director or designee. The first group of individuals shall pay the applicable biennial fees

23 and apply for or renew their licenses and registrations for a term of two years, that shall

24 expire on the last working day before December 15 th in even-numbered years. The

25 second group of individuals shall pay the applicable annual fees and apply for or renew

26 their licenses and registrations for a term of one year that shall expire on the last working

27 day before December 15, 2025. After December 15, 2025, the second group of individuals




 ORD/Contractor Licenses 7/9/2024 1
 Councilmember Duncan Proposed amendments show in double underline


28 shall pay the applicable biennial fees and apply for or renew their licenses and

29 registrations for a term of two years that shall expire on the last working day before

30 December 15th in odd-numbered years.

31 Section 2: That section 5.63.050, Fees, of The Code of the City of Topeka, Kansas

32 is hereby amended to read as follows:

33 Fees.

34 (a) The original annual license or registration fees for contractors, masters,

35 journeymen and apprentices in the electrical, mechanical, plumbing and gas fitting trades

36 set to expire on December 15, 2025 are:

37 (1) Contractor:

38 (i) Commercial contractor type I $250.00

39 (ii) Commercial contractor type II $450.00

40 (iii) Concrete contractor $150.00

41 (iv) Demolition contractor $150.00

42 (v) Elevator contractor $150.00

43 (vi) Fire alarm contractor $150.00

44 (vii) Fire sprinkler contractor $150.00

45 (viii) Framing contractor $150.00

46 (ix) Residential contractor $200.00

47 (x) Roofing contractor $150.00

48 (xi) Swimming pool contractor $150.00

49 (xii) Trade contractors $250.00

50 (A) Master $100.00




 ORD/Contractor Licenses 7/9/2024 2
 Councilmember Duncan Proposed amendments show in double underline


51 (B) Journeyman $50.00

52 a. Certified backflow

53 Tester/repair technician $50.00

54 (C) Apprentice registration $30.00

55 (b) Annual renewal of license fees for theall contractors, and masters,

56 journeymen and apprentices in the electrical, mechanical, plumbing, and gas fitting trades

57 listed in this sectionwhich is set to expire on December 15, 2025, are:

58 (1) Contractor:

59 (i) Commercial contractor type I $200.00

60 (ii) Commercial contractor type II $400.00

61 (iii) Concrete Contractor $100.00

62 (iv) Demolition contractor $100.00

63 (v) Elevator contractor $100.00

64 (vi) Excavation contractor $100.00

65 (vii) Fire alarm contractor $100.00

66 (viii) Fire sprinkler contractor $100.00

67 (ix) Framing contractor $100.00

68 (x) Residential contractor $150.00

69 (xi) Roofing contractor $100.00

70 (xii) Swimming pool contractor $100.00

71 (xiii) Trade contractors $150.00

72 (A) Master $75.00

73 (B) Journeyman $30.00




 ORD/Contractor Licenses 7/9/2024 3
 Councilmember Duncan Proposed amendments show in double underline


74 a. Certified backflow

75 tester/repair technician $30.00

76 (C) Apprentice registration $20.00

77 (D) Inactive $30.00

78 (c) The biennial license or registration fees for all contractors, and masters,

79 journeymen and apprentices in the electrical, mechanical, plumbing and gas fitting trades

80 are:

81 (1) Contractor:

82 (i) Commercial contractor type I $500.00

83 (ii) Commercial contractor type II $900.00

84 (iii) Concrete contractor $300.00

85 (iv) Demolition contractor $300.00

86 (v) Elevator contractor $300.00

87 (vi) Fire alarm contractor $300.00

88 (vii) Fire sprinkler contractor $300.00

89 (viii) Framing contractor $300.00

90 (ix) Residential contractor $400.00

91 (x) Roofing contractor $300.00

92 (xi) Swimming pool contractor $300.00

93 (xii) Trade contractors $500.00

94 (A) Master $200.00

95 (B) Journeyman $100.00

96 a. Certified backflow




 ORD/Contractor Licenses 7/9/2024 4
 Councilmember Duncan Proposed amendments show in double underline


 97 tester/repair technician $100.00

 98 (C) Apprentice registration $60.00

 99 (d) The biennial renewal of license fees for all contractors, and masters,

100 journeymen, and apprentices in the electrical, mechanical, plumbing, and gas fitting

101 trades are:

102 (1) Contractor:

103 (i) Commercial contractor type I $400.00

104 (ii) Commercial contractor type II $800.00

105 (iii) Concrete contractor $200.00

106 (iv) Demolition contractor $200.00

107 (v) Elevator contractor $200.00

108 (vi) Fire alarm contractor $200.00

109 (vii) Fire sprinkler contractor $200.00

110 (viii) Framing contractor $200.00

111 (ix) Residential contractor $300.00

112 (x) Roofing contractor $200.00

113 (xi) Swimming pool contractor $200.00

114 (xii) Trade contractors $300.00

115 (A) Master $150.00

116 (B) Journeyman $60.00

117 a. Certified backflow

118 tester/repair technician $60.00

119 (C) Apprentice registration $40.00




 ORD/Contractor Licenses 7/9/2024 5
 Councilmember Duncan Proposed amendments show in double underline


120 (D) Inactive $60.00

121 (ce) Registration fee for individuals holding trade licenses issued by another

122 jurisdiction which has license requirements which comply with the provisions of TMC

123 5.63.080:

124 (1) Master $100.00

125 (2) Journeyman $50.00

126 (df) In addition to the foregoing license or registration fees, the following fees or

127 charges shall also apply to all licenses:

128 (1) Change of designated master for trade contractors $50.00

129 (2) Reinstatement fee $30.00

130 (3) Change of address (failure notify

131 Development Services Director) $10.00

132 (4) Duplicate license $10.00

133 (5) Exam application $50.00

134 (6) Exam re-test $20.00

135 (7) Grade verification letter $50.00

136 (eg) Late registration or renewal fee in an amount equal to 25 percent of the

137 renewal fee up to 15 days after the expiration of license. Late registration or renewal fee

138 in an amount equal to 50 percent of the renewal fee 15 days or more after expiration.

139 (h) Individuals may elect to split their biennial renewal fees pursuant to

140 subsection (d) into two equal payments with one-half of the fee due on the last working

141 day before December 15th of the first year and the remaining one-half of the fee due on

142 the last working day before December 15th of the second year. A $50.00 administrative




 ORD/Contractor Licenses 7/9/2024 6
 Councilmember Duncan Proposed amendments show in double underline


143 fee shall be paid in addition to the renewal fee and accompany the first one-half renewal

144 payment. Failure to pay the amount due under this subsection on the date that it is due

145 shall result in late fees being assessed pursuant to subsection (g).

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

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

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

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

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

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

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

153 PASSED AND APPROVED by the City Council on ____________________.
154
155 CITY OF TOPEKA, KANSAS
156
157
158
159 __________________________________
160 Michael A. Padilla, Mayor
161 ATTEST:
162
163
164
165 ________________________________
166 Brenda Younger, City Clerk




 ORD/Contractor Licenses 7/9/2024 7
 Richard Faulkner rfaulkner@topeka.org
 Division Director of Development Services Tel: 785-368-1606
 Holliday Building, 620 SE Madison St., Topeka, KS 66607 www.topeka.org


Date: August 5, 2024

To: Policy & Finance Committee
 Marcus Miller
 Spencer Duncan
 Michelle Hoferer

From: Richard Faulkner, Division Director Development Services

Subject: Bi-Annual Contractor Licensing TMC 5.63.40 & 5.63.50


 Traditionally there is a choke-point in December where the process of licensing the trades and
 contractors happen. The ripple effect of this extremely busy and stressful time is directly related
 to IT pressure, overwhelmed telephone lines, late billing, and inspection scheduling difficulties.
 We carry approximately 3,000 licenses yearly.
 Proposal to move to a two-year license which we stagger into two equal sized groups. This
 would effectively halve the number of licenses to renew each year and cease the backlog to the
 listed ripples above, improving the City’s efficiency to serve its customers.
 Proposal that the license should be the same price per year as we have used for the past years
 though obviously twice the amount to cover the duration of the new license. During the
 implementation year one “half/group” will receive the traditional one-year license in order to
 stagger the groups going forwards.
 The required CEU accreditation can be handled by either accepting 12 hours at the end of the
 license or by 6 hours each year (State Statute, KS 12-1509) This year we implemented a fully
 online approach to renewal through the uploading of those CEU documents. This will allow us to
 keep a digital receipt of those hours in our database for our customers negating the issue of lost
 certificates on their part.
 Also because of the move to online renewal we can put together an accurate database enabling us
 to email notifications to our customers.
 Topeka Municipal Code
 Amendment to Licensing
 Requirement
Section 5.63.040 License and Registration Term
Current Code 2


Our current municipal code requires that all trade licenses
be issued for one year:
 TMC 5.63.040 All licenses and registrations shall be for
 a term of one year …
We are proposing to issue licenses for two years.
Overview 3


• We have been working to improve the time it takes to
  renew trade contractors license.
• One of the things we have done is to implement online
  license renewal
• Before the online license renewal we would start in
  December and work until March of the next year issuing
  renewals. We also needed to hire temporary staff.
• Now with online licensing we can renew a license the
  same day. We were able to complete license renewals
  in one month.
Benefits 4


• By issuing a two year license we could cut the renewal
  time down to two weeks.
• Allow contractors to deal with license renewal once
  every two years not every year.
• When contractors renew their license online at the same
  time they can crash the computer server.
• This will allow us to provide more timely service during the
  renewal.
Review Process 5



• We have sent out emails to our licensed contractors to get
  their input on looking into two year licensing
• We discussed this proposal with the trade boards and the
  Board of Building and Fire appeals (BBFA)
• We have reviewed that state statutes to make sure this can
  be done and not violate any statutes
• We typically compare our building code issues to Olathe,
  Overland Park, Junction City, Shawnee, Lawrence,
  Leavenworth, and Manhattan. Manhattan is the only other
  community that has two year licensing.
Conclusion 6



• All the trade boards, trade contractors and the BBFA
  have support this request to amend this code to the
  Governing Body
• Staff supports this recommendation
• Buy amending this code we can serve the contractors in
  a more timely manner
 Bi‐Annual License Split 2024/25
 Contractors with Qualifying Party
 Fee # Total Fee
 One Year License Concrete $103 54 $5,562
 Demolition $103 25 $2,575
 Excavating $103 70 $7,210
 Fire Alarm $103 33 $3,399
 Fire Sprinkler $103 36 $3,708
 Electrical $231 369 $85,239
 General Class A (G2) $403 164 $66,092
 Lawn Irrigation No Fee 16 $0
 Residential Class C (R1) $103 93 $9,579
 Roofing $103 66 $6,798
 Backflow Tester $33 118 $3,894
 Electrical Journeymen $33 186 $6,138
 Total Fees $200,194
 Total licenses 1230
 Trade Contractors with Master
 Fee # Total Fee
 Two Year License Plumbing $231 263 $121,506
 Mechanical $231 241 $111,342
 General Class B (G1) $203 259 $105,154
 Electrical Apprentice $23 40 $1,840
 Solid Fuel Master $78 5 $780
 Mechanical Apprentice $23 24 $1,104
 Mechanical Journeymen $33 96 $6,336
 Plumbing Apprentice $23 20 $920
 Plumbing Journeymen $33 69 $4,554
 Mobile Home Setter No Fee 1 $0
 Total Fees $353,536
 Total Licenses 1018


 NOTE: This is NOT reflective of any proposed fee increase going forwards. Tech Fee is included

Total fees for first year $553,730 Per above Table
Total fees for second year $400,388 Contractor with Qualifying Party column only for two years
Total fees for third year $353,536 Trade Contractor column Only
Total fees for the fourth year $400,388 Contractor with Qualifying Party column only
 COMMITTEE REFERRAL SHEET
 COMMITTEE REPORT
 Name of Policy & Finance
 Committee:

 Title: Bi-Annual Contractor Licensing Proposal

Date referred
from Council
 meeting:

Date referred
 from August 15, 2024
 Committee:

  Committee MOTION: Committee member Miller made a motion to
 Action: approve and get on the Governing Boy agenda to support
 the Bi-Annual Contractor Licensing. Committee member
 Hoferer seconded. Approved 3-0-0.

  Comments:



 Members of Councilmembers Spencer Duncan (Chair), Marcus Miller,
 Committee: Michelle Hoferer
Agenda Date September 17, 2024
 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, Thursday, August 15, 2024. The Public
Infrastructure Committee members met at 1:00 P.M. 1st Floor Conference Room, Cyrus K.
Holliday Bldg 620 SE Madison , with the following Committee members present: Spencer
Duncan (Chair), Marcus Miller and Michelle Hoferer.

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

APPROVAL to proceed with recommendation so support the Bi-Annual Contractor
Licencing.


BI-ANNUAL CONTRACTOR LICENSING PROPOSAL
Richard Faulkner, Development Services Division Director, presented information on the current
code; the current municipal code requires that all trade licenses be issued for one year. Development
Services is proposing to issue licenses for two years. The proposal has gone to the Board of
Building and Fire appeals (BBFA), talked with contractors and stakeholders; which is being
supported. He spoke to the implementation of online license renewal which has provided the staff
the ability to issue a license much quicker. By issuing a two-year license this would allow
contractors the convenience of not going through the process yearly, and improving the City’s
efficiency to serve its customers. There were comparisons done with Olathe, Overland Park,
Junction City, Shawnee, Lawrence, Lawrence, Leavenworth and Manhattan to review their building
codes, all but Manhattan is in a two-year licensing.



MOTION: Committee member Miller made a motion to approve and get on the Governing Body
agenda. Committee Chair Hoferer seconded. Motion approved 3-0-0.




 ***************************
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 October 1, 2024


DATE: October 1, 2024
CONTACT PERSON: Braxton Copley, DOCUMENT #:
 Assistant City Manager
SECOND PARTY/SUBJECT: Additional Funding for PROJECT #:
 operations and
 maintenance of Hotel
 Topeka
CATEGORY/SUBCATEGORY 020 Resolutions / 004 Public Improvements
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

RESOLUTION introduced by City Manager Dr. Robert M. Perez regarding additional funding for
operations and maintenance of Hotel Topeka in the amount of $500,000.

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

(Approval would authorize an additional $500,000 to be used for any future operating fund requests for
emergency or life safety issues.)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to approve request from the Topeka Development Corporation for additional operational funding in the
amount of $500,000.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the resolution.
BACKGROUND:
Currently there is only $100,000 remaining authority that we have under previous resolutions. Staff requests
additional authority of $500,000 to be able to properly respond to any future operating funds request for
emergency or life safety issues.
BUDGETARY IMPACT:
$500,000
SOURCE OF FUNDING:
General Funds-Hotel Non-Departmental Expense

ATTACHMENTS:
Description
Resolution
TDC Expense Summary
 1 RESOLUTION NO. ___________
 2
 3 A RESOLUTION introduced by City Manager Dr. Robert M. Perez regarding additional
 4 funding for operations and maintenance of Hotel Topeka.

 5 WHEREAS, the management agreement for Hotel Topeka requires the owner, the

 6 Topeka Development Corporation, to maintain a minimum working capital account of

 7 $150,000; and

 8 WHEREAS, the Governing Body, after receiving and considering the request for

 9 funding, has issued Resolution Nos. 9478, 9491 and 9516 for funding in the amount of

10 $500,000 for each request; and

11 WHEREAS, the City has received a request from the Topeka Development

12 Corporation for additional operational funding in the amount of $500,000; and

13 WHEREAS, the Governing Body acknowledges additional funding needs to be

14 authorized.

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

16 CITY OF TOPEKA, KANSAS, that the Governing Body authorizes funding to the Topeka

17 Development Corporation, not to exceed an additional $500,000 from General Fund –

18 Hotel Non-Departmental Expense to operate and maintain Hotel Topeka.

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/Hotel Topeka–Additional Funding #3 9/3/24 1
 Hotel Topeka Expense Summary 8/30/2024 8:43 AM


DATE DESCRIPTION AMOUNT CATEGORY
  12/1/2023 TOPHOTEL - SPRINKLERS 7,297.00 CAPITAL OUTLAY BLDING & IMPROV
  12/1/2023 TOPHOTEL - ACTUATORS 19,106.09 CAPITAL OUTLAY BLDING & IMPROV
 12/18/2023 DIRECTORS & OFFICERS PREMIUM 132.47 INSURANCE
 12/31/2023 CORR TOPHOTEL - OP RESERVE 131,335.09 ADMINISTRATIVE COSTS
 12/31/2023 TOP HOTEL - OPERATING RES #1 18,664.91 ADMINISTRATIVE COSTS
 12/31/2023 TOP HOTEL - OPERATING RES #2 150,000.00 ADMINISTRATIVE COSTS
 12/31/2023 TOP HOTEL OP RES ROUND (0.09) ADMINISTRATIVE COSTS
 12/31/2023 CORR TOPHOTEL - LOCKS 90,661.82 CAPITAL OUTLAY BLDING & IMPROV
 1/1/2024 DIRECTORS & OFFICERS PREMIUM 649.53 INSURANCE
 4/3/2024 LED LLIGHTS 100W LMP#41013 14000LM 2,250.00 MAINT BLDG & GROUNDS
  4/29/2024 5127UMB BANK NA 1,620.00 MAINT BLDG & GROUNDS
  2/29/2024 OPS FUNDING REQUEST #2 227,355.00 ADMINISTRATIVE COSTS
  3/31/2024 2024 TDC OPS TRSF #4 215,851.00 ADMINISTRATIVE COSTS
  2/29/2024 CAPEX - STROBE HORN 632.46 CAPITAL OUTLAY BLDING & IMPROV
  2/29/2024 TOPHOTEL - EMERGENCY WA EXTR 24,058.31 CAPITAL OUTLAY BLDING & IMPROV
  3/31/2024 TOPHOTEL - BACKFLOW REPAIR 9,479.00 CAPITAL OUTLAY BLDING & IMPROV
  3/31/2024 TOPHOTEL - DOOR LOCK SERVER 2,003.64 CAPITAL OUTLAY BLDING & IMPROV
  3/28/2024 TOPHOTEL - PULL STATION 2,168.54 CAPITAL OUTLAY BLDING & IMPROV
  3/28/2024 TOPHOTEL - DRYWALL 2,971.53 CAPITAL OUTLAY BLDING & IMPROV
  4/16/2024 TOPHOTEL - VALVE REPLACEMENT 18,286.60 CAPITAL OUTLAY BLDING & IMPROV
  5/14/2024 TOPHOTEL - VALVE REPLACEMENT 69,344.00 CAPITAL OUTLAY BLDING & IMPROV
  5/22/2024 TOPHOTEL - AUDIT SERVICES 26,747.80 PROF-AUDIT/LEGAL
 7/9/2024 2024 TDC OPS TRSF #5 178,323.09 ADMINISTRATIVE COSTS
TBD 2024 TDC OPS TRSF #6 200,170.00 ADMINISTRATIVE COSTS
 1,399,107.79 TOTAL HOTEL DISBURSEMENTS

 500,000.00 Resolution 9478
 500,000.00 Resolution 9491
 500,000.00 Resolution 9516
 217,254.24 Resolution 9532 (Capital Expense-Chiller)
 125,662.00 Resolution 9549
 59,589.19 Resolution 9550
 1,902,505.43 GB APPROVED FUNDING

 1,902,505.43 GB APPROVED FUNDING
 1,399,107.79 TOTAL HOTEL DISBURSEMENTS
 402,505.43 PENDING REQUEST TOTAL
 100,892.21 REMAINING AUTHORITY

 1,149,228.80 Total Operating Expenditures
 249,878.99 Total Approved and Paid Capital Expenditures
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 October 1, 2024


DATE: October 1, 2024
CONTACT PERSON: Carrie Higgins, Housing DOCUMENT #:
 Services Division
 Director
SECOND PARTY/SUBJECT: Rhiannon Friedman, PROJECT #:
 Planning and
 Development Director
CATEGORY/SUBCATEGORY 006 Communication / 005 Other
CIP PROJECT: No
ACTION OF COUNCIL: Discussion JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

DISCUSSION of funding recommendations by the Alcohol and Drug Advisory Council in the amount of
$670,534 for the 2025 Special Alcohol Fund.

( The City receives the liquor tax collected by the State of Kansas. State statute requires that one-third of the
proceeds be deposited in the City's Special Alcohol and Drug Program Fund.)

VOTING REQUIREMENTS:
Discussion only. No action required by the Governing Body.
POLICY ISSUE:
The recommended amount is based on the projected Liquor Tax collected by the State and required to be
allocated to alcohol and drug programs.
STAFF RECOMMENDATION:
Discussion only. No action required by Governing Body.
BACKGROUND:
The City receives the liquor tax collected by the State of Kansas. State statute requires that one-third of the
proceeds be deposited in the City's special alcohol and drug program fund. Those funds can be used only for
"the purchase, establishment, maintenance or expansion of services or programs whose principal purpose is
alcoholism and drug abuse prevention and education, alcohol and drug detoxification, intervention in alcohol or
drug abuse or treatment of persons who are alcoholics or drug abusers or in danger of becoming alcoholics or
drug abusers. " The review team is recommending the following amounts for 2025:
 Third Judicial District (Drug Court Program) $54,814
 Kansas Children Service League (Drug Endangered Child Program) $16,217
 PARS (Prevention Programs) $175,067
 PARS (Evaluation and Intervention Programs) $74,872
 Valeo (Social Detox Program) $349,564
BUDGETARY IMPACT:
$670,534 will be expended from the Special Alcohol Program Fund in 2025.
SOURCE OF FUNDING:
Liquor Tax collected by the State and allocated to the City for the purpose of awarding grants to alcohol and drug
programs.

ATTACHMENTS:
Description
SAD 2025 Grand Funding Recommendations Summary
Presentation - SAD 2025 Grant Funding
 Housing Services Carrie Higgins, Division Director
 Tel: 785-368-3711
 620 SE Madison, Unit 8
 Fax: 785-368-2546
 Topeka, KS 66607
 www.topeka.org




 Topeka-Shawnee County Alcohol-Drug Abuse Advisory Council’s
 Recommendations for 2025
 City of Topeka Special Alcohol and Drug Program Grant Requests
 Total funds projected: $670,534


The Topeka-Shawnee County Alcohol-Drug Abuse Advisory Council recommends the
following programs for funding from City of Topeka Special Alcohol-Drug (liquor-by-the-
drink) Program tax funds as authorized in State of Kansas Statute-K.S.A. Chapter 79,
Article 41a and K.A.R. Agency 92, Article 42:


“Moneys in the special alcohol and drug programs fund shall be expended only for
the purchase, establishment, maintenance or expansion of services or programs
whose principle purpose is alcoholism and drug abuse or treatment of persons
who are alcoholics or drug abusers or are in danger of becoming alcoholics or drug
abusers. In any county in which there has been organized an alcohol and drug
advisory committee, the board of county commissioners shall request and obtain,
prior to making an expenditures from the special alcohol and drug programs fund,
the recommendations of the advisory committee concerning such expenditure.”


The following programs meet the “principal purpose” criteria for funding as stated and also
use the Institute of Medicine’s core strategies and/or programs and strategies that are
represented in the National Registry of Evidence-Based Programs.
 2025 Alcohol and
 Development Drug Grant
 Services Requests
 Richard Faulkner, Division Director
 Permitting Tel: 785-368-3704
 CitySEofMadison,
 620 TopekaUnit
 - $670,534 Available
 Fax: 785-368-1650
 Topeka, KS 66607 www.topeka.org
 Review
 2023 2024
 Agency Program 2025 Requested Committee
 Funded Funded
 Recommendation
 Drug Treatment
Third Judicial $54,034 $52,000 $54,600 $54,814
 Court
 Drug
 KCSL Endangered $13,039 $15,000 $15,000 $16,217
 Child
 Prevention
 PARS $169,303 $169,303 $174,382 $175,067
 Programs
 Eval &
 PARS $70,695 $70,695 $70,695 $74,872
 Intervention

 Valeo Social Detox $282,929 $307,929 $323,325 $349,565


 Totals $590,000 $695,927 $638,002 $670,534




 Page 2 of 4
Program Name: Prevention and Resiliency Services, Inc. (PARS)
Substance Abuse Prevention Program
The Substance Abuse Development
 Prevention Program
 Services at PARS is Richard
 designed to educate youth, their
 Faulkner, Division Director
families and the community  at large about the inherent risks
 Permitting Tel:associated  with substance use
 785-368-3704
(alcohol, drugs, tobacco/vaping  and Unit
 620 SE Madison,misuse 6 of prescription
 Fax:medications)
 785-368-1650to increase their
awareness and empower them KS
 Topeka, 66607 informed decisionwww.topeka.org
 to make that will decrease substance use
over time.

  Agency Program 2023 2024 2025 ADAAC
 Funded Funded Request Recommendation
 Community
 PARS Prevention $169,303 $169,303 $174,382 $175,067
 Program




Program Name: Prevention and Resiliency Services, Inc. (PARS)
Substance Use Evaluation & Intervention Program
The substance use Evaluation and Intervention Program complements an array of services
offered by Prevention and Resiliency Services, Inc. (PARS) designed to work together to
decrease substance use, misuse and abuse among area youth. Services are provided to
youth, families and the community at-large using a multi-faceted approach. PARS uses the
Institute of Medicine’s (IOM) Behavioral Health Continuum of Care model as a basis for overall
program operations.
  Agency Program 2023 2024 2025 ADAAC
 Funded Funded Request Recommendation
 Evaluation &
 PARS Intervention $70,695 $70,695 $70,695 $74,872




Program Name: 3rd Judicial District of Kansas
Drug Treatment Court
Drug Treatment Court is a “Specialty Court” program that combines problem-solving court
sessions, intensive community supervision, and personalized treatment into a public health
approach towards helping high-risk, substance-using offenders.

  Agency Program 2023 2024 2025 ADAAC
 Funded Funded Request Recommendation
 3rd Judicial Drug
 District Treatment $54,034 $52,000 $54,600 $54,814
 Court




 Page 3 of 4
Program Name: Kansas Children’s Service League’s
Drug Endangered Children (DEC) Case Management
 Development Services Richard Faulkner, Division Director
This program is based on evidence regarding the importance
 Permitting Tel:of home visitation and strengths
 785-368-3704
 620 SE Madison, Unit 6 Fax: 785-368-1650
based work with people usingKSsubstances.
 Topeka, 66607 The program includes early identification of
 www.topeka.org
substance using parents and intensive support to families facing multiple challenges. This is
accomplished through weekly home visits, “warm hands off” to substance abuse treatment
facilities, individualized service plans and education about their responsibility as a parent and
the impact substance us can have on their ability to be an effective parent.

 Agency Program 2023 2024 2025 ADAAC
 Funded Funded Request Recommendation
 Ks Children’s Drug Endangered
 Service Child $13,039 $15,000 $15,000 $16,217
 League



Program Name: VALEO Recovery Center (VRC)
Social Detoxification Program
Social Detox is a safe, non-medical, therapeutic environment for acute withdrawal from
substance use. The goals of Social Detox are to 1) provide timely access for persons in need
of Social Detox services; 2) to facilitate successful completion of the detoxification process,
which includes reduction of symptoms associated with withdrawal from substance use and
completion of a clinical assessment of treatment needs, and 3) to transfer clients to
appropriate treatment modalities based on the assessment and determination of need for
care.
The average length of stay in Social Detox ranges from 24 hours to six days. Social Detox is
a service that is provided 24 hours per day, seven days per week, to include weekends and
holidays.


  Agency Program 2023 2024 2025 ADAAC
 Funded Funded Request Recommendation
 VALEO Social
 $282,929 $307,929 $323,325 $349,564
 Detox




 Page 4 of 4
 Special Alcohol & Drug
Abuse Advisory Council
Grant Recommendations
 Carrie Higgins, Housing Division Director
Special Alcohol & Drug Grant Process 2


• The City has estimated that $670,534 will be available for the Special
 Alcohol and Drug Abuse fund in 2025.
• This amount is projected on the liquor tax collected by the State of
 Kansas and required to be allocated to alcohol and drug programs.
• An RFP was released in June and 4 agencies applied with a total of 5
 programs.
• The Grant Review Committee met in July to score each application.
• In August, the Special Alcohol and Drug Advisory Council voted to
 approve the scores and agencies were given a week to submit any
 appeals. There were no appeals this year.
• Tonight the recommendations are presented for discussion and next
 week the Governing Body will vote on approval.
2025 Alcohol & Drug Grant Requests 3

 City of Topeka - $670,534 Available


 2023 2024 Review Committee
 Agency Program 2025 Requested
 Funded Funded Recommendation

 Drug Treatment
 Third Judicial $54,034 $52,000 $54,600 $54,814
 Court

 Drug Endangered
 KCSL $13,039 $15,000 $15,000 $16,217
 Child

 Prevention
 PARS $169,303 $169,303 $174,382 $175,067
 Programs

 PARS Eval & Intervention $70,695 $70,695 $70,695 $74,872


 Valeo Social Detox $282,929 $307,929 $323,325 $349,565


 Totals $590,000 $695,927 $638,002 $670,534
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 October 1, 2024


DATE: October 1, 2024
CONTACT PERSON: Rhiannon Friedman, DOCUMENT #:
 Planning and
 Development Director
SECOND PARTY/SUBJECT: Councilmember, PROJECT #:
 Spencer Duncan
CATEGORY/SUBCATEGORY 013 Ordinances - Codified / 002 Administration
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

DISCUSSION of a proposed amendment to Section 6(d) of the City's Land Bank Ordinance No. 20426
concerning Administration of property. (The Policy and Finance Committee recommended approval on
August 15, 2024.)

(Approval of the proposed ordinance would allow for transfer of property to be utilized as a rental property not
exclusively homeownership.)

VOTING REQUIREMENTS:
Discussion item only. Action requires five (5) votes of the City Council. The Mayor does not vote. The proposed
ordinance involves a matter of home rule on which the Mayor has veto authority.
POLICY ISSUE:
Whether to allow the transfer of property to be utilized as a rental property not exclusively homeownership as it
currently stands today.
STAFF RECOMMENDATION:
Discussion only. Staff recommends the Governing Body move to adopt the ordinance when considered.
BACKGROUND:
The Governing Body approved Ordinance No. 20426 on May 16, 2023, establishing the City of Topeka Land
Bank. The land bank shall serve the public purpose of providing for the orderly, planned and reutilization of
abandoned, tax-foreclosed or otherwise underutilized properties.
The proposed amendment to Section 6(d) of Ordinance No. 20426 concerns to the Administration of property,
striking the language, "except that the Board shall not transfer any property to be utilized as rental property." The
Policy and Finance Committee recommended approval on August 15, 2024.
BUDGETARY IMPACT:
Not Applicable
SOURCE OF FUNDING:
Not Applicable

ATTACHMENTS:
Description
Proposed Land Bank Ordinance
Policy and Finance Committee Meeting Minutes Excerpt (August 15, 2024)
Ordinance No. 20426 (May 16, 2023)
 CITY OF TOPEKA
 CITY COUNCIL Tonya Bailey, Sr Executive Assistant
 City Hall, 215 SE 7th St., Room 255 Tara Jefferies, Sr Executive Assistant
 Topeka, KS 66603-3914 E-mail: councilassist@topeka.org
 (785) 368-3710 www.topeka.org


 EXCERPT
 HOLLIDAY 1st FLOOR CONFERENCE ROOM, Topeka, Kansas, Thursday, August 15,
2024. The Policy & Finance Committee members met at 1:00 P.M., with the following
Committee members present: Duncan (Chair), Marcus Miller, Michelle Hoferer.

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

 APPROVAL by the Committee to allow staff to draft a proposal to move before the
Governing Body for consideration of the Land Bank Ordinance.


LAND BANK ORDINANCE
Rhiannon Friedman, Planning Director, stated that the suggestion is to have an amendment to the
current ordinance. It would allow the language to transfer property utilized as rental property;
instead of only land ownership.

Chairman Duncan provided history of the Land Bank ordinance as it was originally written. He
passed on that vacant lots are ideal to provide a multi-unit for-profit development. The Land
Bank program will continue to have the authority to follow the rules with having good standing
landlords with also owning the land for a minimum of five years.

Committee member Miller asked if there is a clear criteria for any denials of the program.
Spencer Duncan replied that there is a clear list of requirements that applicants must have.

Councilmember Banks asked how many properties are in Landbank. Duncan stated there are
five; they are vacant lots that the City of Topeka owned. He is looking to expand to ten to
twelve.

MOTION: Committee member Duncan made a motion to approve and get on the Governing
Body agenda to amend the ordinance language for the Land Bank. Committee member Miller
seconded. Approved 3-0-0.




Presented at the August 15, 2024 Governing Body Meeting
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 October 1, 2024


DATE: October 1, 2024
CONTACT PERSON: DOCUMENT #:
SECOND PARTY/SUBJECT: Public Comment PROJECT #:
 Protocol
CATEGORY/SUBCATEGORY
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

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

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

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

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

The following behavior will not be tolerated from any speaker:

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

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

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

 Make sure your Zoom name, email and/or phone number matches what was submitted to the City Clerk
 when you signed up for public comment. Any misnamed or unauthorized users will not be admitted to
 Zoom.
 Please keep your mic muted and your camera off until you are called by the Mayor to give your comment.
 If you are cut off during your comment time due to an internet connection or technical issue, you will need
 to submit your comments in writing to the City Clerk atcclerk@topeka.orgor 215 SE 7thStreet, Room
 012B, Topeka, KS 66603 for attachment to the minutes.
 If you break any of the public comment rules, you will receive one warning from the Mayor. If you continue
 any prohibited behavior, you will be removed from the Zoom meeting room and will not be allowed to rejoin.
 Public comment is limited to four minutes. You may receive an extension at the discretion of the Governing
 Body. The timer will be visible to you in the ‘City of Topeka Admin’ window on the Zoom app. Call-in users
 will hear one beep when a minute is remaining and then another beep when time has expired.
 Please do not share the Zoom login information with anyone. Any unauthorized users will not be admitted to
 the Zoom meeting room.
BUDGETARY IMPACT:
SOURCE OF FUNDING:

Governing Body Minutes – October 1, 2024

 CYRUS K. HOLLIDAY BUILDING, Topeka, Kansas, Tuesday, October 1, 2024. The

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

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

 Duncan and Hoferer -8. Mayor Padilla presided -1. Absent: Councilmember Valdivia-Alcala -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 October 1, 2024, after which the City Clerk's Office provided the Zoom

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

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

 located at 215 SE 7th Street, Room 012B, Topeka, Kansas, 66603 or via email at

 cclerk@topeka.org on or before October 1, 2024, for attachment to the meeting minutes.

 AFTER THE MEETING WAS CALLED TO ORDER, Councilmember Miller provided

 the invocation.

 THE PLEDGE OF ALLEGIANCE was recited by meeting participants.

 AN UPDATE on the Lead & Copper Rule Revisions (LCRR) was provided by Sylvia

 Davis, Utilities Director. She reported the City would receive a $74 million State Revolving

 Fund Loan with a 50% fund match requirement from the City of Topeka.

 Councilmember Dobler stated this was a great example of unfunded federal mandates. He

thanked Kansas Department of Health and Environment for funding assistance and reminded

citizens this was part of why utility fee rates have increased.

 CONSENT AGENDA was presented as follows:

 MINUTES of the regular meeting of September 17, 2024, was presented.

 10-01-24
 258
 Councilmember Kell moved to approve the consent agenda. The motion seconded by

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

 APPEAL submitted by Shirley Reed for denial of Private Security Guard License, was

presented.

 Major Russ Klumpp, Topeka Police Department, reported approval to deny the appeal, will

affirm the decision of the Topeka Police Department to deny Ms. Reed's private security guard

license.

 Councilmember Duncan referenced the lack of clear definition of “misdemeanor battery” in

the Topeka Municipal Code, and asked if any other criminal acts arose from the background check.

He asked if the applicant already has a job or was seeking employment.

 Amanda Stanley, City Attorney, reported the Topeka Municipal Code was vague and does

not define “a crime of violence” which she believes is the reason there is an appeal process.

 Major Klumpp reported no other criminal acts arose in the background check.

 Shirley Reed, applicant, provided a detailed description of the 2017 incident and urged the

Governing Body to grant her appeal and allow her to continue to work.

 Councilmember Miller asked Ms. Reed if her current position as a security guard requires

her to carry a weapon.

 Ms. Reed confirmed she does carry a weapon when she works as a security guard.

 Councilmember Duncan pointed out that her current employer does not have a problem

with the charge.

 Councilmember Kell commended Ms. Reed for appealing the denial.

 Mayor Padilla states this incident does rise to the level of the denial of a license and he

would support overturning the denial.

 10-01-24
 259
 Councilmember Hiller expressed her appreciation for the testimony and stated the facts

would help her in deciding the outcome of her vote.

 Councilmember Dobler recognized that the Police Chief and Staff did their job according

to the ordinance regulations; however, he would support overturning the denial.

 Dr. Robert M. Perez, City Manager, reported the appeal process allows for the applicant to

discuss the findings with City Staff within 14-days of notification prior to consideration by the

Governing Body.

 Councilmember Duncan recommended the Notice of Appeal to the applicant outline the

options clearly. He noted the letter sent to Mr. Reed did not offer the 14-day option.

 Councilmembers Kell moved to overturn the Police Chief’s decision to deny and issue the

license to Ms. Reed. The motion seconded by Councilmember Miller carried unanimously on roll

call vote. (9-0-0)

 Councilmember Miller asked Staff as they review the appeal process to include the

“impact” of the decision as part of the support documentation considered by the Governing Body.

 ORDINANCE NO. 20524 introduced by City Manager Dr. Robert M. Perez amending the

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

Topeka Municipal Code on property located at 2303 SW College Avenue by changing the zoning

from “R-1” Single Family Dwelling District ALL TO “PUD” Planned Unit Development District

to allow R-1 uses and not-for-profit social services subject to conditions of approval, was

presented. (PUD 24/13) (Council District No. 6)

 Dan Warner, Planning Division Director, reported approval would allow the reuse of the

former elementary school for non-profit social services as well as their administrative offices. He

stated the Planning Commission and Staff recommends approval.

 10-01-24
 260
 Councilmembers Ortiz and Kell spoke in support of the proposal.

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

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

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

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

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

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

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

to the matter.

 Ex parte communication was declared by Councilmember Ortiz.

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

Councilmember Kell carried. (8-0-1)

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

Ortiz, Banks, Kell, Dobler, Duncan, Hoferer and Mayor Padilla - 8. Abstain: Councilmember

Miller -1.

 RESOLUTION NO. 9588 introduced by City Manager Dr. Robert M. Perez recommending

approval of an adjustment of access control to the Final Plat of the Community Plaza Subdivision,

was presented. (The Public Infrastructure Committee recommended approval on September 17,

2024.)

 Braxton Copley, Assistant City Manager, reported approval would adjust the access control

to the Final Plat of the Community Plaza Subdivision addressing the flow of traffic to the Club Car

Wash and Dollar Tree on SE California Avenue at approximately SE 26th Street.

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

 10-01-24
 261
Councilmember Ortiz carried unanimously on roll call vote. (9-0-0)

 ORDINANCE NO. 20524 introduced by City Manager Dr. Robert M. Perez, amending

Sections 5.63.040 and 5.63.050 concerning licenses and registration term and fees of the Topeka

Municipal Code and repealing original sections, was presented. (The Policy and Finance

Committee recommended approved by a vote of 3-0-0 on August 15, 2024.)

 Richard Faulkner, Development Services Division Director, stated the ordinance was

discussed at the September 17, 2024, Governing Body meeting and staff was recommending

approval of the proposed ordinance.

 Councilmembers Duncan moved to adopt the ordinance. The motion was seconded by

Councilmember Dobler.

 Councilmember Hiller inquired about Councilmember Duncan’s proposed amendments.

 Councilmember Duncan withdrew the motion to adopt the ordinance. The second

concurred.

 Councilmember Duncan moved to approve the ordinance as amended. The motion

seconded by Councilmember Miller carried unanimously. The Mayor does not vote. The proposed

ordinance involves a matter of home rule on which the Mayor has veto authority.

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

Ortiz, Banks, Kell, Miller, Dobler, Duncan and Hoferer - 8.

 RESOLUTION NO. 9589 introduced by City Manager Dr. Robert M. Perez regarding

additional funding for operations and maintenance of Hotel Topeka in the amount of $500,000,

was presented.

 Amanda Stanley reported the resolution must be amended to reflect the action taken by the

Topeka Development Corporation prior to the Governing Body meeting.

 10-01-24
 262
 Councilmember Duncan moved to decrease the funding request from $500,000 to

$201,000. The motion seconded by Councilmember Miller carried. Councilmembers Ortiz, Banks

and Dobler voted “no.” (6-3-0).

 Councilmember Dobler expressed his continued support of the initial purchase of the Hotel

Topeka and the great job that Staff continues to do to work through the situation; however, he

would oppose approving any additional operational funds until City Staff meets with Shawnee

County to address the condition of the Manor Conference Center. He noted, it was his

understanding a meeting was underway.

 Councilmember Duncan moved to approve the resolution as amended. The motion

seconded by Councilmember Miller carried. Councilmembers Ortiz, Banks and Dobler voted “no.”

(6-3-0).

 DISCUSSION of funding recommendations by the Alcohol and Drug Advisory Council in

the amount of $670,534 for the 2025 Special Alcohol Fund, was presented.

 Carrie Higgins, Housing Services Division, provided an overview of the funding

allocations. She stated program representatives were present to answer questions.

 Councilmember Hiller inquired about the additional funding allocation to Valeo Behavioral

Health and if more detox beds would become available.

 Division Director Higgins reported Valeo Behavioral health has nine detox beds and 94%

of the persons seeking detox receive a bed within 24 hours.

 Councilmember Miller asked program representatives to provide a short program overview.

 Program overviews were provided by Brist McConico, Shawnee County Court Drug

Treatment Coordinator; Cathy Walker, Director of Valeo Recovery Center, Megan Zechanski;

Executive Director of PARS; and Jennifer Gasmen, Kansas Child Services League supervisor.

 10-01-24
 263
 Councilmember Kell commended Staff for a flawless process and noted there have been

issues in the past.

 Councilmember Miller spoke to the importance of the public understanding the services

being provided by these organizations and how their tax dollars are being spent.

 Rhiannon Friedman, Planning and Development Services Division, thanked City Staff

members, Committee members and grantees for their work on the process.

 Councilmembers Kell moved to suspend the rules to allow the item to be considered for

action. The motion second by Councilmember Miller considered unanimously on roll call vote. (9-

0-0)

 Councilmember Duncan moved to approve the funding recommendations by the Alcohol

and Drug Advisory Council in the amount of $670,534 for the 2025 Special Alcohol Fund. The

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

 DISCUSSION of the proposed amendment to Section 6(d) of the City’s Land Bank

Ordinance No. 20426 concerning Administration of property, was presented.

 Rhiannon Friedman, Planning and Development Services Division, provided an overview

of the language amendment to allow the transfer of property to be used as rental property.

 Councilmember Duncan referenced large parcels that could accommodate multi-family

rental developments. He stated the proposed ordinance as written, would not allow for these types

of rental properties. He reported the October 1, 2024, Land Bank Trustee Board meeting

considered an additional set of policies that address out-of-state owners as well as Neighborhood

Health Maps being taken into consideration when new rental property developments are being

proposed.



 10-01-24
 264
 Councilmember Hiller thanked Staff and the Board for the language amendment. She

referenced the need to include housing co-ops and condominium owned developments as these too

are very successful developments within the community.

 Councilmember Kell stated he concurs with Councilmember Hiller.

 PUBLIC COMMENT was submitted by the following individual;

 Lazone Grays referenced the email (Attachment A) he sent to the Governing Body

regarding the IBSA Digital Equity and Inclusion Update for Topeka. He urged community

advocates and Governing Body members to be ready for the next round of grant funding. He

thanked all those involved in making the initiative possible.

 ANNOUNCEMENTS BY THE CITY MANAGER, MAYOR AND MEMBERS OF THE

COUNCIL;

 Brenda Younger, City Clerk, provided an overview of the October 8, 2024, Governing

Body meeting agenda.

 Dr. Robert M. Perez, City Manager, thanked the Community Engagement Team for

distributing approximately 200 computers to income qualified individuals.

 Councilmember Duncan announced District 8 “Office Hours” at Fairlawn Plaza from 9: 00

a.m. to 10:30 a.m. on October 5, 2024. He also announced Danial Kay has been hired as the new

Topeka Performing Arts Center Executive Director and invited the public to attend a Meet and

Greet on October 7, 2024, from 5:30 p.m. to 7:00 p.m. at the Blue Moose restaurant located at

3030 SW Wanamaker Road, Topeka.

 Councilmember Hoferer announced the Topeka Police Department will host Cyber Fraud

Awareness Sessions for the public in October. View detailed information on the City’s website at



 10-01-24
 265
https://www.topeka.org/news/topeka-police-to-host-cyber-fraud-awareness-training-for-the-

public/#gsc.tab=0.

 Councilmember Kell announced October is Dysautonomia Disorder month.

 Mayor Padilla urged citizens to register to vote by October 15, 2024, and vote in the

General Election on November 5, 2024.

 Following 10-minute recess, Mayor Padilla moved to recess into executive session not to

exceed 40 minutes to discuss one or more matters involving legal risk deemed privileged under the

Attorney-Client Privilege as allowed under KSA 75-4319(b)(2). The open meeting will resume in

this room in the Cyrus K. Holliday building. The following staff will be necessary to assist the

Governing Body in its deliberations, City Attorney Amanda Stanley and any other staff the

Governing Body finds useful. The motion was seconded by Councilmember Dobler.

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

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

carried on voice vote. (8-1-0) Councilmember Ortiz votes no.

 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.

 Councilmember Dobler moved to recess into executive session not to exceed 1-hour to

discuss one or more matters in litigation or possible litigation deemed privileged under the

Attorney-Client Privilege as allowed under KSA 75-4319(b)(2). The open meeting will resume in

this room in the Cyrus K. Holliday building. The following staff will be necessary to assist the

Governing Body in its deliberations, City Attorney Amanda Stanley and any other staff the

Governing Body finds useful. The motion was seconded by Councilmember Dobler.

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

 10-01-24
 266
verbally by saying “yea” and those opposing to indicate so verbally by saying “no.” The motion

carried on voice vote. (6-1-0) Councilmember Ortiz voted “no.” Councilmembers Duncan and

Hoferer were out of the room.

 Councilmembers Duncan and Hoferer entered the room.

 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 10:20 p.m.



 (SEAL)
 Brenda Younger City Clerk




 10-01-24
 267
Attachment A