Governing Body — Topeka, KS
Date: 2024-06-18

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




 Governing Body Agenda
 June 18, 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
 Interim City Manager: Richard U. Nienstedt


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

 BOARD APPOINTMENT recommending the reappointment of Nicholas Xidis to the Downtown
 Business Improvement District Advisory Board to fill a term ending June 30, 2026. (Council
 District No. 1)

 B. Board Appointment - Downtown Business Improvement District Advisory Board

 BOARD APPOINTMENT recommending the reappointment of Stephen Smith to the Downtown
 Business Improvement District Advisory Board to fill a term ending June 30,
 2026. (Council District No. 1)

 C. Board Appointment - Downtown Business Improvement District Advisory Board

 BOARD APPOINTMENT recommending the appointment of Kim Schultz to the Downtown
 Business Improvement District Advisory Board to fill a term ending June 18, 2026.

4. PRESENTATIONS:
 Go! Cashless with KTA
5. CONSENT AGENDA:
 A. Resolution - 2024 Governing Body Meeting Schedule

 RESOLUTION introduced by Interim City Manager Richard U. Nienstedt cancelling the
 Governing Body meeting for July 16, 2024 and calling a special meeting for July 30, 2024.

 (Governing Body Meeting cancelled July 16, 2024 due to the Greater Topeka Partnership intercity
 visit to Boise, Idaho, the week of July 16, 2024.)

 B. MINUTES of the regular meeting of June 11, 2024
 C. APPLICATIONS:

6. ACTION ITEMS:
 A. Ordinance - Reser's Fine Foods Parking Lot Annexation - 3620 and 3600 SE 6th Avenue

 ORDINANCE introduced by Interim City Manager Richard U. Nienstedt annexing land to the
 City of Topeka, Kansas, in accordance with K.S.A. 12-520(7), located at 3620 SE 6th Avenue
 and 3600 SE 6th Avenue within unincorporated Shawnee County, Kansas and adjacent to the
 City of Topeka corporate limits, and said land being annexed for all City purposes. (A24/1)
 (Council District No. 3)

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

 (Annexation of a 41.7-acre tract to accommodate the development of a parking lot for refrigerator
 truck staging. The tract will be assigned to Council District No. 3)

B. Ordinance - Reser's Fine Foods Planned Unit Development (PUD) Master Plan Amendment

 ORDINANCE introduced by Interim City Manager Richard U. Nienstedt 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 84.7 acres of land located at the northwest corner of SE 6th Avenue and SE
 Croco Road from Planned Unit Development (PUD) with “I-1” Light Industrial District uses
 and “RR-1” Rural Residential District all to "PUD" with "I-1" Light Industrial District uses to
 allow expansion of the Reser’s food processing operation to include construction and
 operation of a storage lot for 405 semi-truck trailers. (PUD 16/05B) (Council District No. 3)

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

 (Approval will allow development of a storage and staging lot for 405 semi-truck trailers at the
 Reser's Find Foods Plant at SE 6th and Croco Road.)

C. Ordinance - Sports Center Annexation - 6545 and 6549 SW 10th Avenue

 ORDINANCE introduced by Interim City Manager Richard U. Nienstedt annexing land to the
 City of Topeka, Kansas, in accordance with K.S.A. 12-520(7), located at 6545 SW 10th Avenue
 and 6549 SW 10th Avenue within unincorporated Shawnee county, Kansas and adjacent to the
 City of Topeka corporate limits, and said land being annexed for all City purposes. (A24/3)
 (Council District No. 9)

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

 (Annexation of 57.9 acres to construct a multi-level driving range with accessory uses. The tract will
 be assigned to Council District No. 9)

D. Professional Service Contract - Bartlett and West, Inc. - Street Improvement Project T-
 701028.00

 APPROVAL of a Public Works Engineering Contract between the City of Topeka and Bartlett
 and West, Inc., in an amount not to exceed $348,480 to perform professional engineering
 services.

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

 (Services include public engagement, traffic study, geotechnical, concept plans and high level cost
 estimates. Design, inspection, and construction services are not included in this contract or scope
 of work for Street Improvements on SW Huntoon Street from SW Gage Boulevard to SW Harrison
 Street.)
 E. Resolution - Unassigned Reserve Fund Authorization - Hotel Topeka ADA Path, Sidewalk and
 Loading Dock Repairs

 RESOLUTION introduced by the Policy and Finance Committee comprised of Councilmembers
 Marcus Miller, Spencer Duncan and Michelle Hoferer, authorizing the use of $125,662 from the
 Unassigned Reserve Fund for site improvements at Hotel Topeka.

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

 (Approval would allow for construction of a handicap accessible walkway from Topeka Boulevard to
 Hotel Topeka, repairs to the existing sidewalk on the exterior of the building and repairs to the
 existing loading dock on the north side of the hotel. The Policy and Finance Committee will consider
 this item at the June 11, 2024 Committee meeting.)

 F. Resolution - Unassigned Reserve Fund Authorization - Hotel Topeka Fire and Smoke Damper
 Actuators Replacement

 RESOLUTION introduced by the Policy and Finance Committee comprised of Councilmembers
 Marcus Miller, Spencer Duncan and Michelle Hoferer, authorizing the use of $59,589.19 from
 the Unassigned Reserve Fund for the replacement of faulty smoke and fire damper actuators at
 Hotel Topeka.

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

 (Approval would allow the transfer of $59,589.19 to the Topeka Development Corporation (TDC) to
 replace faulty smoke and fire damper actuators at the Hotel Topeka. The Policy and Finance
 Committee will consider this item at the June 11, 2024 Committee meeting.)

 G. Resolution - 2027 Fire Department Fleet Replacement

 RESOLUTION introduced by the Public Infrastructure Committee comprised of
 Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of Project
 No. 900034.00 for the 2027 Fire Department Fleet Replacement Program. (Public Infrastructure
 Committee recommended approval on June 12, 2024)

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

 (Approval would authorize $2,129,198 to cover the cost of the apparatus and loose equipment on the
 apparatus.)

7. NON-ACTION ITEMS:
 A. Discussion - 2025-2027 Neighborhood Revitalization Plan

 DISCUSSION regarding the renewal and adoption of the Neighborhood Revitalization Program
 for years 2025-2027.

 (The current plan is set to expire December 31, 2024.)

8. PUBLIC COMMENT:
 Public comment for the meeting will be available via Zoom or in-person.
 Individuals must contact the City Clerk's Office at 785-368-3940 or via email at
 cclerk@topeka.org by no later than 5:00 p.m. on the date of the meeting, after
 which the City Clerk's Office will provide Zoom link information and protocols
 prior to the meeting. Written public comment may also be considered to the
 extent it is personally submitted at the meeting or to the City Clerk's Office
 located at 215 SE 7th Street, Room 166, Topeka, Kansas, 66603 or via email at
 cclerk@topeka.org on or before the date of the meeting for attachment to the
 meeting minutes. View the meeting online at
 https://www.topeka.org/communications/live-stream/ or at
 https://www.facebook.com/cityoftopeka/.
9. ANNOUNCEMENTS:
10. EXECUTIVE SESSION:
11. ADJOURNMENT:
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 June 18, 2024


DATE: June 18, 2024
CONTACT PERSON: Jane Murray, Executive DOCUMENT #:
 Assistant to the Mayor
SECOND PARTY/SUBJECT: Topeka Center for PROJECT #:
 Peace and Justice Inc.
CATEGORY/SUBCATEGORY
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:
 Topeka Center for Peace and Justice Inc.
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
 June 18, 2024


DATE: June 18, 2024
CONTACT PERSON: Mayor Michael A. Padilla DOCUMENT #:
SECOND PARTY/SUBJECT: Downtown Business PROJECT #:
 Improvement District
 Advisory Board
CATEGORY/SUBCATEGORY 006 Communication / 005 Other
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

BOARD APPOINTMENT recommending the reappointment of Nicholas Xidis to the Downtown Business
Improvement District Advisory Board to fill a term ending June 30, 2026. (Council District No. 1)

VOTING REQUIREMENTS:
Action requires at least five (5) votes of the City Council. Mayor does not vote.
POLICY ISSUE:
The purpose of the Downtown Business Improvement District Advisory board (BID) is to monitor and oversee
services provided pursuant to the business improvement district act. The board shall conduct its business in
accordance with City Code.
STAFF RECOMMENDATION:
Mayor Padilla nominates and recommends the reappointment of Nicholas Xidis to the Downtown Business
Improvement District Advisory Board (BID) to fill a term ending on June 30, 2026.
BACKGROUND:
This is a statutory board wherein the Mayor nominates and the Council has final approval. The Downtown
Business Improvement District Advisory Board shall consist of nine members representing businesses located in
the district. Members serve two-year terms and there are no term limits.
BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Not Applicable.

ATTACHMENTS:
Description
N. Xidis - DBID Reappointment Application
City of Topeka Boards and Commissions
Application
Submitted on 16 April 2024, 2:21PM

Receipt number 235

Related form version 8



Profile
First Name Nicholas


Last Name Xidis


Email Address nick@hazelhillchocolate.com


Street Address 724 S. Kansas Ave.


Suite or Apt


City Topeka


State Kansas


Zip 66603


Are you a resident of the City of Topeka? Yes


What district do you live in? District 1


Primary Phone (785)221-8782


Alternate Phone (785)215-8883


Employer Hazel Hill Chocolate


Job Title Chocolate Maker


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


Are you a registered voter? Yes


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


Which department do you work for?



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


Who are you related to and how are you related?


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


Please explain the litigation and your role in it:


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


Please explain your delinquent payment situation.


Please state why you are interested in serving on this board or I am a downtown resident and business owner. I’m interested in
commission: continuing to see improvement in downtown Topeka.



Interests & Experiences
Please describe your education, experience, and expertise Business Owner more than 15 years
including any honors, awards, civic, cultural, charitable or Business Hall of Fame
professional organization memberships that relate to the Business of Distinction
position you are seeking. President Board Jayhawk Council BSA


List any professional licenses you hold in Kansas and advise if N/A
they are current. (We reserve the right to request a copy of
your license prior to approval of your appointment.)


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



Voluntary Self Identification
Ethnicity Caucasian/Non-Hispanic


Gender Male



Acknowledgements and Verification
Purpose of Information being submitted. I Agree


The information I am submitting is true and correct. I Agree


Your electronic signature




 2 of 3
 Link to signature


Alternative electronic signature


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

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




 3 of 3
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 June 18, 2024


DATE: June 18, 2024
CONTACT PERSON: Mayor Michael A. Padilla DOCUMENT #:
SECOND PARTY/SUBJECT: Downtown Business PROJECT #:
 Improvement District
 Advisory Board
CATEGORY/SUBCATEGORY 006 Communication / 005 Other
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

BOARD APPOINTMENT recommending the reappointment of Stephen Smith to the Downtown
Business Improvement District Advisory Board to fill a term ending June 30, 2026. (Council District No. 1)

VOTING REQUIREMENTS:
Action requires least five (5) votes of the City Council. Mayor does not vote.
POLICY ISSUE:
The purpose of the Downtown Business Improvement District Advisory board (BID) is to monitor and oversee
services provided pursuant to the business improvement district act. The board shall conduct its business in
accordance with City Code.
STAFF RECOMMENDATION:
Mayor Padilla nominates and recommends the reappointment of Stephen Smith to the Downtown Business
Improvement District Advisory Board (BID) to fill a term ending on June 30, 2026.
BACKGROUND:
This is a statutory board wherein the Mayor nominates and the Council has final approval. The Downtown
Business Improvement District Advisory Board shall consist of nine members representing businesses located in
the district. Members serve two-year terms and there are no term limits.
BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Not Applicable.

ATTACHMENTS:
Description
S. Smith - DBID Reappointment Application
City of Topeka Boards and Commissions
Application
Submitted on 16 April 2024, 10:57AM

Receipt number 233

Related form version 8



Profile
First Name Stephen


Last Name Smith


Email Address stephen@stephensmithimages.com


Street Address 931 S Kansas


Suite or Apt


City Topeka


State Kansas


Zip 66612


Are you a resident of the City of Topeka? Yes


What district do you live in? District 1


Primary Phone 17853547153


Alternate Phone


Employer Self - Stephen Smith Gallery


Job Title owner


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


Are you a registered voter? Yes


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


Which department do you work for?



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


Who are you related to and how are you related?


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


Please explain the litigation and your role in it:


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


Please explain your delinquent payment situation.


Please state why you are interested in serving on this board or I am and have been for quite a while serving on the Downtown Business
commission: Advisory Board.
 I believe and support its vision and purpose.
 I also live in a loft (for the last 14 years) above my business Stephen
 Smith Gallery at 931 S Kansas Ave. (since 1978), so I have a vested
 interest in downtown.



Interests & Experiences
Please describe your education, experience, and expertise Some College, operating a business at 931 S. Kansas Ave since 1978,
including any honors, awards, civic, cultural, charitable or currently serve on the Downtown Topeka Redevelopment Incentive
professional organization memberships that relate to the Grant Program Committee, recipient of the Masters and Craftsman
position you are seeking. Degrees from the Professional Photographers of America Association,
 recipient of the National award from the PPA and KPPA. Served as
 President of the KPPA.


List any professional licenses you hold in Kansas and advise if none
they are current. (We reserve the right to request a copy of
your license prior to approval of your appointment.)


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



Voluntary Self Identification
Ethnicity Caucasian/Non-Hispanic


Gender Male



Acknowledgements and Verification
Purpose of Information being submitted. I Agree


The information I am submitting is true and correct. I Agree


Your electronic signature



 2 of 3
 Link to signature


Alternative electronic signature Stephen A Smith


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

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




 3 of 3
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 June 18, 2024


DATE: June 18, 2024
CONTACT PERSON: Mayor Michael A. Padilla DOCUMENT #:
SECOND PARTY/SUBJECT: Downtown Business PROJECT #:
 Improvement District
 Advisory Board
CATEGORY/SUBCATEGORY 006 Communication / 005 Other
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

BOARD APPOINTMENT recommending the appointment of Kim Schultz to the Downtown Business
Improvement District Advisory Board to fill a term ending June 18, 2026.

VOTING REQUIREMENTS:
Action requires at least five (5) votes of the City Council. Mayor does not vote.
POLICY ISSUE:
The purpose of the Downtown Business Improvement District Advisory board (BID) is to monitor and oversee
services provided pursuant to the business improvement district act. The board shall conduct its business in
accordance with City Code.
STAFF RECOMMENDATION:
Mayor Padilla nominates and recommends the appointment of Kim Schultz to the Downtown Business
Improvement District Advisory Board (BID) to fill a term ending on June 18, 2026.
BACKGROUND:
This is a statutory board wherein the Mayor nominates and the Council has final approval. The Downtown
Business Improvement District Advisory Board shall consist of nine members representing businesses located in
the district. Members serve two-year terms and there are no term limits.
BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Not Applicable.

ATTACHMENTS:
Description
K. Schultz - New Application & Resume
City of Topeka Boards and Commissions
Application
Submitted on 14 May 2024, 2:33PM

Receipt number 242

Related form version 8



Profile
First Name Kim


Last Name Schultz


Email Address Justsmyl@cox.net


Street Address 3329 SW Westwood Dr


Suite or Apt


City Topeka


State Kansas


Zip 66614


Are you a resident of the City of Topeka? Yes


What district do you live in? District 5


Primary Phone 7852217785


Alternate Phone 7852727785


Employer Creatively Bold Enterprises, LLC


Job Title Owner


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


Are you a registered voter? Yes


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


Which department do you work for?



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


Who are you related to and how are you related?


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


Please explain the litigation and your role in it:


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


Please explain your delinquent payment situation.


Please state why you are interested in serving on this board or I was on the BID before 2020 closed our Downtown businesses. We are
commission: now back open and I noticed that there are two vacant positions.



Interests & Experiences
Please describe your education, experience, and expertise Washburn University Graduate. My family is very supportive of making
including any honors, awards, civic, cultural, charitable or Topeka even more awesome.
professional organization memberships that relate to the
position you are seeking.


List any professional licenses you hold in Kansas and advise if n/a
they are current. (We reserve the right to request a copy of
your license prior to approval of your appointment.)


**Please upload a resume or any additional information you BID Resume 5-14-24.pdf
believe may be helpful in considering your application.



Voluntary Self Identification
Ethnicity Caucasian/Non-Hispanic


Gender Female



Acknowledgements and Verification
Purpose of Information being submitted. I Agree


The information I am submitting is true and correct. I Agree


Your electronic signature




 2 of 3
 Link to signature


Alternative electronic signature Kim Schultz


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

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




 3 of 3
 KIM SCHULTZ
 COMMUNITY SUPERSTAR

 MR. MAYOR,
 I would like to be appointed to the Business Improvement
 District Board (BID)

  57 years as a Topeka resident
  Washburn University Graduate Bachelor’s Degree
 Accounting
  Topeka Small Business Owner since 2002
 CONTACT  Downtown Business Owner since 2003
  BID Board Member 2010-2018
Justsmyl@cox.net
 Creatively Bold Enterprises, LLC is my accounting business
 (785) 221-7785
 where I work with people from all over the US helping them
 follow their dreams of being an entrepreneur. Small business
 consulting, accounting/payroll services, & Accounting system
 recovery and reconstruction. I am also a Positivity Influencer
 Topeka, KS
 and speaker. I host a podcast called KIMology 411.

 My family owns the Tinkham Veale Building at 909 & 911 S
 Kansas Ave. We recently did over $600,000 in renovations to
 our building and our new restaurant opened in February. Here
 I get to give people the joy of food and entertainment.

 I enjoy helping our community be better and do better.




 Sincerely,

 Kim Schultz
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 June 18, 2024


DATE: June 18, 2024
CONTACT PERSON: Jeri Biehler, KTA Senior DOCUMENT #:
 Communications
 Manager
SECOND PARTY/SUBJECT: Go Cashless with KTA PROJECT #:
CATEGORY/SUBCATEGORY
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:
 Go! Cashless with KTA
VOTING REQUIREMENTS:
POLICY ISSUE:
STAFF RECOMMENDATION:
BACKGROUND:
BUDGETARY IMPACT:
SOURCE OF FUNDING:

ATTACHMENTS:
Description
KTA Go Cashless Presentation
KTA Flyers
Go! Cashless with KTA


 June 18, 2024
Why cashless tolling
•Safety
•Customer convenience and service
•Operational considerations
  Aging equipment, need for investment
  Aging workforce
  Efficiency
About cashless tolling
• July 1, 2024
• If you have a KTAG, not much will
  change. Customers who typically stop
  at a toll booth will have new ways to
  pay.
• DriveKS will be Kansas’ new toll
  payment system to support
  customer payments.
We’re here to help
 • Three Kansas-based
 customer service centers
 available for phone, email
 or in-person help
 • Online account
 management
 • Mobile app
 • Connect with us on social
 media
www.ksturnpike.com
 www.myktag.com
 www.DriveKS.com
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 June 18, 2024


DATE: June 18, 2024
CONTACT PERSON: Richard U. Nienstedt, DOCUMENT #:
 Interim City Manager
SECOND PARTY/SUBJECT: 2024 Governing Body PROJECT #:
 Meeting Schedule
CATEGORY/SUBCATEGORY 020 Resolutions / 005 Miscellaneous
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

RESOLUTION introduced by Interim City Manager Richard U. Nienstedt cancelling the Governing Body
meeting for July 16, 2024 and calling a special meeting for July 30, 2024.

(Governing Body Meeting cancelled July 16, 2024 due to the Greater Topeka Partnership intercity visit to
Boise, Idaho, the week of July 16, 2024.)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to cancel meetings on July 16th.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the resolution as part of the consent agenda.
BACKGROUND:
Topeka Municipal Code Section A2-30(a) requires that the Governing Body meet at least two times each month.

 Staff recommends cancelling Governing Body meeting scheduled for July 16, 2024, due to several
 Governing Body and City Staff members will be on the Greater Topeka Partnership intercity visit to Boise,
 Idaho, the week of July 16.
 Staff recommends calling a special Governing Body meeting on July 30, 2024
BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Not Applicable.

ATTACHMENTS:
Description
Resolution
Topeka Municipal Code (TMC) Section A2-30(a) - "Governing Body Rules and Procedure"
 1 RESOLUTION NO. _____
 2
 3 A RESOLUTION introduced by Interim City Manager Richard U. Nienstedt cancelling the
 4 Governing Body meeting for July 16 and calling a special meeting for
 5 July 30.
 6
 7 WHEREAS, TMC 2.15.020(c)(1) authorizes Governing Body meetings to be

 8 cancelled by a majority vote of the Governing Body; and

 9 WHEREAS, several Governing Body and City staff members will be on the Greater

10 Topeka Partnership intercity visit to Boise, Idaho, the week of July 16.

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

12 CITY OF TOPEKA, KANSAS that the Governing Body meeting scheduled for July 16,

13 2024, is hereby cancelled and calling a special meeting for July 30, 2024, to be considered

14 a regular governing body meeting.

15 ADOPTED and APPROVED by Governing Body on _________________________.

16 CITY OF TOPEKA, KANSAS
17
18
19
20
21 Michael A. Padilla, Mayor
22 ATTEST:
23
24
25
26
27 Brenda Younger, City Clerk




 RES/GB meetings for July 2024 6/5/24
 Topeka Sec. A2-30. Governing body rules of procedure. Page 1 of 1




 Sec. A2-30. Governing body rules of procedure.
 (a) Meetings. The governing body shall meet at least twice in every month at times and places as may be
 prescribed by ordinary ordinance. Special meetings may be held on the call of the Mayor or of four (4) or more
 district Councilmembers in the manner prescribed by rules of the governing body.

 (b) Rules and journal. The governing body shall determine its own rules and order of business and shall provide
 for keeping a journal of its proceedings.

 (c) Voting; Quorum.

 (1) Six (6) members of the governing body shall constitute a quorum.

 (2) All actions by the governing body shall be taken by an affirmative vote of six (6) or more members,
 unless a greater or lesser number of votes is required by ordinance or state law.

 (3) All actions by the Council with regard to ordinances enacted pursuant to Article 12, § 5(b) of the Kansas
 Constitution (ordinary ordinances) shall be taken by an affirmative vote of five (5) or more
 Councilmembers.

 (d) Form. Proposed ordinances and resolutions shall be in written or printed form. Any ordinance which repeals
 or amends an existing ordinance shall set out in full the sections or subsections to be repealed or amended, and
 shall indicate matter to be omitted by enclosing it in brackets or by strikeout type and shall indicate new matter
 by underscoring or by italics.

 (e) Procedure. All ordinances shall be considered at a governing body meeting. Persons interested in a
 proposed ordinance shall be given an opportunity to be heard in accordance with such rules and regulations as
 the governing body may adopt.

 (f) Publication. The City Clerk or such other city officer as the governing body may designate shall cause all
 ordinances, as soon as practicable after they have been passed and signed, to be published once in the official
 city newspaper, unless Kansas Statutes or other applicable law require more publications. In lieu of publication
 of the entire ordinance, the City Clerk may publish a summary of the ordinance in accordance with state law.

 (g) Signature, authentication and recording. All ordinances and resolutions shall be authenticated by the
 signatures of the Mayor and City Clerk or such other appointive officer as the governing body may designate.
 (C.O. 117 § 7, 2-9-16.)




e Topeka Municipal Code is current through Ordinance 20236, passed January 7, 2020, and Charter Ordinance No. 118, passed February 12, 20
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 June 18, 2024


DATE: June 18, 2024
CONTACT PERSON: Dan Warner, AICP, DOCUMENT #:
 Planning Division
 Director
SECOND PARTY/SUBJECT: Reeser's Fine Foods  PROJECT #: A24/1
CATEGORY/SUBCATEGORY 014 Ordinances – Non-Codified / 001 Annexation
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

ORDINANCE introduced by Interim City Manager Richard U. Nienstedt annexing land to the City of
Topeka, Kansas, in accordance with K.S.A. 12-520(7), located at 3620 SE 6th Avenue and 3600 SE 6th
Avenue within unincorporated Shawnee County, Kansas and adjacent to the City of Topeka corporate
limits, and said land being annexed for all City purposes. (A24/1) (Council District No. 3)

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

(Annexation of a 41.7-acre tract to accommodate the development of a parking lot for refrigerator truck staging.
The tract will be assigned to Council District No. 3)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to approve the annexation of 41.7 acres located at 3600 SE 6th Avenue and 3620 SE 6th Avenue.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to adopt the ordinance.
BACKGROUND:
Reser's Fine Foods Inc. has requested annexation of 41.7 acres located at 3600 SE 6th Avenue and 3620 SE
6th Avenue. The owner will construct a surface parking lot for semi-trucks and trailers.
Land Use and Growth Managment Plan 2040
The property lies within Tier 3 of the Urban Growth Area. Tier 3 areas comprise the bulk of the UGA outside of
Tier 1. Developing these areas requires graduating services to Tier 2, meaning, it is cost effective for the City to
make investments for all of the urban services in the area.

The subject property is contiguous to the City and has existing services available to the site because it adjoins the
already annexed Reser's development. While this development does not require connection to City sewer and
water service, those services are available along SE 6th Avenue.

The subject property is designated as Urban Growth Area (residential) and Mixed-Use Employment Corridor.
Expansion of Reser's Fine Foods for a surface parking lot is consistent with the Mixed-Use Employment Corridor
designation.

Street Network
SE 6th Avenue is a four-lane minor arterial, which has already been annexed by the City. No new public roads
are anticipated with the proposed parking lot. A new private driveway off of SE 6th Avenue will serve the parking
lot.

The Topeka Planning commission reviewed the annexation proposal at their meeting on May 20, 2024, and found
the annexation to be consistent with the City's Land Use and Growth Management Plan.

While state law does not require that annexation be reviewed by the Planning Commission, the City's adopted
Comprehensive Land Use and Growth Management Plan 2040 requires that the Planning Commission make a
determination that annexation of 10 acres or more are consistent with the plan.
BUDGETARY IMPACT:
Utilities and Services:
There are no additional costs to serve the proposed annexation for Fire, Police, and Forestry.

Streets
Due to SE 6th Avenue already being annexed there are no additional costs.

Water
Not applicable due to land use.

Sewer
Not applicable due to land use.

Stormwater
The proposed use will relocate a stream buffer as part of the project. The additional maintenance costs for
stormwater are estimated to be $1,200 every five years. Future annual City of Topeka stormwater revenue,
following development is estimated to be approximately $22,008 annually.

SOURCE OF FUNDING:
Not applicable

ATTACHMENTS:
Description
Ordinance
Topeka Planning Commission Minutes (May 20, 2024)
A24/01 Aerial Map
Memo to Planning Commission (May 20, 2014)
Annexation Fact Sheet
 (Published in the Topeka Metro News __________________)

 ORDINANCE NO. ________________________

AN ORDINANCE introduced by interim City Manager Richard U. Nienstedt annexing land to the
City of Topeka, Kansas, in accordance with K.S.A. 12-520, located at 3620 SE 6th Avenue and
3600 SE 6th Avenue, within unincorporated Shawnee County, Kansas and adjacent to the City of
Topeka corporate limits, and said land being annexed for all City purposes. (A24/1) (Council
District No. 3)

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

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

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

Kansas:

Beginning at a point on the South line of the Southeast Quarter (SE ¼ ) of Section 34,

Township 11 South, Range 16 East of the 6 th P.M., 957.75 feet West of the East line of said

Quarter Section; thence North parallel with the East line of said Quarter Section 2047 feet to a

limestone set near a black walnut tree said tree marked by three hacks; thence West at right

angles to the East line of said Quarter Section 372.45 feet to an Osage Orange hedge; thence

North along said hedge and parallel with the East line of said Quarter Section, 327 feet to a

point 377.75 feet South of the North line of said Quarter Section; thence West along an Osage

Orange hedge parallel with the North line of said Quarter Section, 778.04 feet to a point 531.96

feet East of the West line of said Quarter Section; thence South parallel with the East line of

said Quarter Section, 2374 feet to the Section line; thence East along Section line 1150.49 feet

to the place of beginning;



EXCEPT the following described tract, staring at a point on the North side of the public highway,

532 feet East from the West line of the West Half (W ½ ) of the Southeast Quarter (SE ¼ ) of

Section 34, Township 11 South, Range 16; thence East 210 feet; thence North 265 feet; thence
West 210 feet; thence south 265 feet to the place of beginning, in Shawnee County, Kansas.



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

part of the City for all City purposes and is assigned to City Council District No. 3.

 Section 3. This Ordinance shall take effect and be in force from and after its passage,

approval and publication in the official city newspaper.

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

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

Commissioner.




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

_______________________, 2024.

 ____________________________
 Michael A. Padilla, Mayor
ATTEST:

_________________________________
Brenda Younger, City Clerk
 To Be Codified _______
 Not To Be Codified ___X___
 TOPEKA PLANNING COMMISSION
 Monday, May 20, 2024

 CASE MINUTES

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

 Members Absent: Katy Nelson, (1)

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

A24/01 Annexation, Reser’s Fine Foods requesting annexation of approximately 41.7 acres located on the north
side of SE 6th Avenue and approximately 1,100 feet west of SE Croco Road.

Staff:
Bryson Risley presented the staff report and staff’s recommendations of approval. This is a continuation from April
15.

Motion by Commissioner Kaup, second by Commissioner Dehn to proceed with the annexation of Reser’s, and
that it is consistent with the comprehensive plan. Approved 8-0-0
 Planning Division Dan Warner, AICP, Planning Division Director
 620 SE Madison, Unit 11 Tel: 785-368-3728
 Topeka, KS 66607 www.topeka.org




MEMORANDUM
 To: Topeka Planning Commission
 From: Dan Warner, AICP; Planning Division Director
 Date: May 20, 2024 – Continued from April 15, 2024
 RE: A24/01 – Annexation request by Reser’s Fine Foods for the two
 parcels addressed 3600 SE 6th Avenue and 3620 SE 6th Avenue
Proposal
Reser’s Fine Foods Inc. has consented to annexation of 41.7-acres located at 3600 SE
6th Avenue and 3620 SE 6th Avenue (see Map 1). The owner will construct a surface
parking lot for semi-trucks and trailers (see Map 2).

The proposed use will not require connection to City of Topeka water or sanitary sewer.
However, the site adjoins the already annexed Reser’s Fine Foods on the east.
Annexation of this property is appropriate as the proposed development is an
intensification of the current land use and annexation will make for a cohesive City
boundary.

Background
Unilateral annexations of this type, one in which the property owner has consented to the
annexation and the property is contiguous to the City, requires City of Topeka Governing
Body approval. However, the Land Use and Growth Management Plan 2040 (LUGMP)
established a policy that the Planning Commission review annexations greater than 10
acres for consistency with growth management principles of the LUGMP.

LUGMP Review
The property lies within Tier 3 of the Urban Growth Area (see Map 1). Tier 3 areas are
the bulk of the UGA outside of Tier 1. Generally speaking, Tier 3 areas of the UGA are
not ready for urbanization because investments have not been made in all five of
Topeka’s urban services (fire, police, water, sewer, and streets).

All five of the required services are available to the site because it adjoins the already
annexed Reser’s development and land to the south. Water and Sewer, while not
requiring connection, are found along SE 6th Avenue. The development will take access
from the minor arterial SE 6th Avenue, which is already annexed. City of Topeka Fire
Department and Police Department already serve the Reser’s development to the east of
the proposed annexation.

 Ci ty o f T o p e k a P l a n n i n g & D e v e l o p m e n t D e p a r tm e n t
The subject property is designated as Urban Growth Area (residential) and Mixed-Use
Employment Corridor and Tier 2 by the Topeka Future Land Use Map (see Map 3). The
proposed use aligns with the Future Land Use identified in the Land Use and Growth
Management Plan 2040.

Street Network
Future access to the parking lot will come from SE 6th Avenue, which is a four-lane minor
arterial.

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


Map 1 – Property Location Relative to the UGA




 Page 2 of 4
Map 2 – Preliminary concept from PUD




 Page 3 of 4
Map 3 – Future Land Use




 Attachments:
 Reser’s Fine Foods Annexation Fact Sheet


 Page 4 of 4
 Annexation Proposal
 Properties located at 3620 and 3600 SE 6th Avenue
 Fact Sheet & Department Comments
 Site

Address/Location: 3620 SE 6th Avenue and 3600 SE 6th Avenue
Owner: Reser’s Fine Foods Inc
Size: Approximately 41.7 acres
Existing Land Use: Accessory residential support use (garage/shed)
Proposed Land Use: Surface parking
Subdivision: Property will be platted following annexation

 Planning

Existing Zoning: RR-1
Proposed Zoning: PUD with I-1 use group
Current Population: 0 residents
Projected Population: 0 residents
Density: N/A
Comprehensive Plan: Urban Growth Area – Tier 3 (ready for annexation due to all five services being
available)
Primary Service Area (Sewer Required): Sewer service is available along the south and east sides of
3620 SE 6th Avenue. The proposed land use will not require sewer service.
Urban Growth Area Map




 City of Topeka Planning Department
 3/12/2024
 Page 1
 Annexation Proposal
 Properties located at 3620 and 3600 SE 6th Avenue
 Fact Sheet & Department Comments

Preliminary concept for future development




 Annexation Procedure

Contiguous?: Yes

Consent?: Yes. Owner provided a written consent.

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

Approval Method: COT governing body passes ordinance.

 Revenue/Expenses Estimates


 City of Topeka Planning Department
 3/12/2024
 Page 2
 Annexation Proposal
 Properties located at 3620 and 3600 SE 6th Avenue
 Fact Sheet & Department Comments
Property tax revenue to the City of Topeka in 2024 would be approximately $374.04 before any
development takes place. Future annual property tax revenue to the City of Topeka upon build-out of
the parking lot is estimated to be greater than $813.13. Current property tax revenue to Tecumseh
Township was $186.91 in 2023.

There is no existing utility revenue. Future annual COT Stormwater revenue to the City of Topeka upon
development of the property is estimated to be approximately $22,008. Due to the use of the property
there will be no sanitary sewer or water revenues.

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

Streets will incur no additional operations or maintenance cost due to the property being annexed at the
property line, all new pavement improvements will be privately owned and maintained.

Stormwater will have an annualized operations and maintenance cost of $240 per year.

Water will not have no additional annualized infrastructure operational and replacement cost.

Sanitary sewer will not have any yearly expenses or revenues.

 Utility and Service Providers

 Current Proposed
 Water COT COT – N/A
 Wastewater COT COT – N/A
 Fire Tecumseh Township COT
 Police Shawnee County COT
 Streets – Local N/A N/A
 Parks Shawnee County Shawnee County
 Governing Body Shawnee County (#2) COT (#3)

Utilities
The subject property is proposed for a surface parking lot for semi-trailer parking. This use will not require
the extension of water or sewer lines. Stormwater will be the only utility that is impacted by the proposed
annexation and development.

Streets
The proposed development will utilize the existing SE 6th Avenue (minor arterial) for access. Private drives
will be utilized for interior circulation and privately owned by Reser’s Fine Foods, meaning there will be
no impact of the COT streets budget.

Metro Bus Service
Fixed-route service is currently offered to this area through bus route #3 which runs from Downtown
Topeka to the south and east sides of Reser’s Fine Foods.

 Ability to Provide Adequate Public Services
 FIRE

 City of Topeka Planning Department
 3/12/2024
 Page 3
 Annexation Proposal
 Properties located at 3620 and 3600 SE 6th Avenue
 Fact Sheet & Department Comments
1) What is the estimated cost (operational and capital) to your Department/Division to provide
 adequate service to the proposed annexation?

 N/A

2) Can the estimated cost of service be carried out under your current or anticipated future
 budget? If not, what would it take to do so?

 Yes.

3) Describe any other issues that would affect your ability to provide adequate service to the
 annexation area, or impact service levels to existing residents/businesses of the city.

 No additional impacts are anticipated.

 Ability to Provide Adequate Public Services
 FORESTRY

1) What is the estimated cost (operational and capital) to your Department/Division to provide
 adequate service to the proposed annexation?
 No cost at this time, no trees appear in R-O-W for maintenance.

2) Can the estimated cost of service be carried out under your current or anticipated future
 budget? If not, what would it take to do so?
 Yes

3) Describe any other issues that would affect your ability to provide adequate service to the
 annexation area, or impact service levels to existing residents/businesses of the city.
 Single small annexations can be taken care of by forestry. However, the cumulative effects of
 multiple small annexations will ultimately not be sustainable.


 Ability to Provide Adequate Public Services
 POLICE

1) What is the estimated cost (operational and capital) to your Department/Division to provide
 adequate service to the proposed annexation?
 If completed the proposed annexed area, and stated purpose of proposed construction (parking
 lot), would not necessitate additional resource expenditure outlay from the Police Department.
 Adequate service could be accommodated without addition.

2) Can the estimated cost of service be carried out under your current or anticipated future
 budget? If not, what would it take to do so?

 The Police Department resources currently adjacent to the proposed annexed area are capable
 of providing adequate police service coverage to the proposed development.



 City of Topeka Planning Department
 3/12/2024
 Page 4
 Annexation Proposal
 Properties located at 3620 and 3600 SE 6th Avenue
 Fact Sheet & Department Comments
3) Describe any other issues that would affect your ability to provide adequate service to the
 annexation area, or impact service levels to existing residents/businesses of the city.

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

 Ability to Provide Adequate Public Services
 STREETS

 1) What is the estimated cost/benefit of providing adequate service to the proposed
 annexation (in current year $’s):
 N/A

 2) Can the estimated cost of service be carried out under your current or anticipated future
 budget? If not, what would it take to do so?
 N/A

 3) Describe any other issues that would affect your ability to provide adequate service to the
 annexation area, or impact service levels to existing residents/businesses of the city.
 N/A


 Ability to Provide Adequate Public Services
 STORMWATER

 1) What is the estimated cost/benefit of providing adequate service to the proposed
 annexation (in 2023 $’s):
 a. Estimate annualized operations/maintenance cost over the lifecycle of the assets
 $1,200 every 5 years.
 b. Estimate annualized replacement cost of the asset This is based on 100-year
 replacement cycle.
 N/A
 c. Estimate annualized revenue over the lifecycle of the assets).
 $22,008

 2) Can the estimated cost of service be carried out under your current or anticipated future
 budget? If not, what would it take to do so?
 Yes

 3) Describe any other issues that would affect your ability to provide adequate service to the
 annexation area, or impact service levels to existing residents/businesses of the city.
 Appropriate utility easements and stream buffers must be applied.

 Ability to Provide Adequate Public Services
 WASTEWATER


 City of Topeka Planning Department
 3/12/2024
 Page 5
 Annexation Proposal
 Properties located at 3620 and 3600 SE 6th Avenue
 Fact Sheet & Department Comments
 1) What is the estimated cost/benefit of providing adequate service to the proposed
 annexation (in 2023 $’s):
 N/A
 2) Can the estimated cost of service be carried out under your current or anticipated future
 budget? If not, what would it take to do so?
 N/A
 3) Describe any other issues that would affect your ability to provide adequate service to the
 annexation area, or impact service levels to existing residents/businesses of the city.
 N/A

 Ability to Provide Adequate Public Services
 WATER

 1) What is the estimated cost/benefit of providing adequate service to the proposed
 annexation (in 2023 $’s):
 N/A
 2) Can the estimated cost of service be carried out under your current or anticipated future
 budget? If not, what would it take to do so?
 N/A
 3) Describe any other issues that would affect your ability to provide adequate service to the
 annexation area, or impact service levels to existing residents/businesses of the city.
 N/A



 Ability to Provide Adequate Public Services
 Topeka Metro Bus Service

1) Do you currently provide service to this subdivision/immediate area?
 Yes, service is provided on the south side of the property and on the east side of Reser’s.

2) If not, can you provide service?
 N/A

3) What is the estimated cost of providing service to this subdivision?
 Service already provided.




 City of Topeka Planning Department
 3/12/2024
 Page 6
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 June 18, 2024


DATE: June 18, 2024
CONTACT PERSON: Dan Warner, AICP, DOCUMENT #:
 Planning Division
 Director
SECOND PARTY/SUBJECT: Reser's Fine Foods PROJECT #: PUD 16/05B
 Planned Unit
 Development Master
 Plan Amendment
CATEGORY/SUBCATEGORY 014 Ordinances – Non-Codified / 007 Zoning
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

ORDINANCE introduced by Interim City Manager Richard U. Nienstedt 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 84.7 acres of land located at the northwest corner of SE 6th Avenue and SE Croco Road from
Planned Unit Development (PUD) with “I-1” Light Industrial District uses and “RR-1” Rural Residential
District all to "PUD" with "I-1" Light Industrial District uses to allow expansion of the Reser’s food
processing operation to include construction and operation of a storage lot for 405 semi-truck
trailers. (PUD 16/05B) (Council District No. 3)

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

(Approval will allow development of a storage and staging lot for 405 semi-truck trailers at the Reser's Find
Foods Plant at SE 6th and Croco Road.)

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:
Reser’s Fine Foods requests approval of an amendment to the existing PUD master plan to build and operate a
storage lot for 405 semi-truck trailers on 42 acres adjacent to and immediately west of the existing Reser’s plant.
 Refrigerated trailers will contain raw materials to be unloaded or finished goods waiting to be hauled away. The
master plan includes fencing, landscaping with large berms, and noise restrictions to help protect neighbors from
the effects of truck and trailer storage.

The proposed zoning and land use are consistent with the Land Use and Growth Management Plan (LUGMP)
which was amended in 2017 to designate the area along SE 6th Avenue from Deer Creek Parkway to SE Croco
Road as the “6th Avenue Mixed Use Employment Corridor.”

The applicant conducted a Neighborhood Information meeting on March 14, 2024. 12 or more neighborhood
residents attended in addition to City Planning staff. Neighbors expressed concerns primarily about the noise
and visibility of semi-trucks and trailers, both at the existing plant and on the proposed storage lot. Noise is
generated by the movement and idling of trucks, and the operation of refrigerated trailers.

The Planning Commission conducted a public hearing on April 15, 2024. The Planning Commission closed the
hearing and voted to continue the item to the May 20 meeting, requesting more information regarding, in part,
existing and anticipated noise levels, the volume and circulation of trucks, and a possible increase in the height of
the berm along the west boundary.

On May 20, 2024 the Planning Commission reviewed the rezoning proposal again and recommended approval by
a vote of 8-0-0. Staff recommends approval per the attached staff report.
BUDGETARY IMPACT:
Approval of the zoning change has no budgetary impact on the City.
SOURCE OF FUNDING:
Not Applicable.

ATTACHMENTS:
Description
Ordinance PUD16/05B Reser's
Planning Commission Minutes PUD16/05B May 20, 2024
Planning Commission Minutes PUD16/05B April 15, 2024
Reser's PUD Master Plan revised 6-1-2024
Staff Report Reser's PUD16/05B
Reser's PUD Master Plan 5-8-2024
Environmental Noise Level Survey
Letter from Neighbor Sandra Campise April 11 2024
Aerial Map PUD16/05B
Zoning Map PUD16/05B
Future Land Use Map PUD16/05B
Reser's PUD Master Plan April 2024
Traffic Impact Study with City Engineering Comments
Neighborhood Information Meeting Summary
(Published in the Topeka Metro News _____________________________________)


 ORDINANCE NO. ________________________

ORDINANCE introduced by Interim City Manager Richard U. Nienstedt 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 84.7 acres of land located at the northwest
 corner of SE 6th Avenue and SE Croco Road from Planned Unit Development
 (PUD) with “I-1” Light Industrial District uses and “RR-1” Rural Residential District
 all to "PUD" with "I-1" Light Industrial District uses to allow expansion of the
 Reser’s food processing operation to include construction and operation of a
 storage lot for 405 semi-truck trailers. (PUD 16/05B) (Council District No. 3)

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

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

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

reclassifying the following described property:


 AREA 1 LEGAL DESCRIPTION:

 LOT 1, BLOCK A, RESER'S CROCO SUBDIVISION NO. 2, IN THE SOUTHEAST
 QUARTER OF SECTION 34, TOWNSHIP 11 SOUTH, RANGE 16 EAST OF THE 6TH
 P.M., ALL IN SHAWNEE COUNTY, KANSAS.

 AREA 2 LEGAL DESCRIPTIONS

 INSTRUMENT NO. 2018R16128:

 A TRACT OF LAND IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 11
 SOUTH, RANGE 16 EAST OF THE 6TH P.M., DESCRIBED AS FOLLOWS:
 COMMENCING AT THE SOUTHWEST CORNER OF THE SAID SOUTHEAST QUARTER,
 THENCE EAST 741.96 FEET ALONG THE SOUTH LINE OF SAID QUARTER SECTION;
 THENCE NORTH 123 FEET PARALLEL TO THE WEST LINE OF SAID QUARTER
 SECTION TO THE TRUE POINT OF BEGINNING: THENCE EAST 90.00 FEET
 PARALLEL TO THE SOUTH LINE OF SAID QUARTER SECTION; THENCE ON AN
 ANGLE TO THE SOUTHEAST TO A POINT ON THE SOUTH LINE OF THE QUARTER
 SECTION, 904.96 FEET EAST OF THE SOUTHWEST CORNER; THENCE CONTINUING
 EAST ALONG SOUTH LINE 65.00 FEET; THENCE NORTH PARALLEL WITH THE WEST
 LINE OF SAID QUARTER SECTION, 460.00 FEET; THENCE WEST PARALLEL WITH
 THE SOUTH LINE OF SAID QUARTER SECTION, 438.00 FEET; THENCE SOUTH
 PARALLEL WITH THE WEST (SOUTH DESCRIBED) LINE OF SAID QUARTER
 SECTION, 229.00 FEET; THENCE EAST 210.00 FEET, PARALLEL WITH THE SOUTH
 LINE OF SAID QUARTER SECTION; THENCE SOUTH 108.00 FEET PARALLEL WITH
 THE WEST LINE OF SAID QUARTER SECTION TO THE POINT OF BEGINNING, IN
 SHAWNEE COUNTY, KANSAS.

 INSTRUMENT NO. 2018R16057:

 BEGINNING AT A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER (SE ¼)
 OF SECTION 34, TOWNSHIP 11 SOUTH, RANGE 16 EAST OF THE 6TH P.M., 957.75
 FEET WEST OF THE EAST LINE OF SAID QUARTER SECTION; THENCE NORTH
 PARALLEL WITH THE EAST LINE OF SAID QUARTER SECTION 2047 FEET TO A
 LIMESTONE SET NEAR A BLACK WALNUT TREE, SAID TREE MARKED BY THREE
 HACKS; THENCE WEST AT RIGHT ANGLES TO THE EAST LINE OF SAID QUARTER
 SECTION 372.45 FEET TO AN OSAGE ORANGE HEDGE; THENCE NORTH ALONG
 SAID HEDGE AND PARALLEL WITH THE EAST LINE OF SAID QUARTER SECTION, 327
 FEET TO A POINT
 377.75 FEET SOUTH OF THE NORTH LINE OF SAID QUARTER SECTION; THENCE
 WEST ALONG AN OSAGE ORANGE HEDGE PARALLEL WITH THE NORTH LINE OF
 SAID QUARTER SECTION, 778.04 FEET TO A POINT 531.96 FEET EAST OF THE
 WEST LINE OF SAID QUARTER SECTION; THENCE SOUTH PARALLEL WITH THE
 EAST LINE OF SAID QUARTER SECTION, 2374 FEET TO THE SECTION LINE; THENCE
 EAST ALONG SECTION LINE 1150.49 FEET TO THE PLACE OF BEGINNING;

 EXCEPT THE FOLLOWING DESCRIBED TRACT, STARTING AT A POINT ON THE
 NORTH SIDE OF THE PUBLIC HIGHWAY, 532 FEET EAST FROM THE WEST LINE OF
 THE WEST HALF (W ½) OF THE
 SOUTHEAST QUARTER (SE ¼) OF SECTION 34, TOWNSHIP 11 SOUTH, RANGE 16;
 THENCE EAST 210 FEET; THENCE NORTH 265 FEET; THENCE WEST 210 FEET;
 THENCE SOUTH 265 FEET TO THE PLACE OF BEGINNING, IN SHAWNEE COUNTY,
 KANSAS; AND LESS A TRACT OF LAND IN THE SOUTHEAST QUARTER OF SECTION
 34, TOWNSHIP 11 SOUTH, RANGE 16 EAST OF THE 6TH P.M., DESCRIBED AS
 FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SAID
 SOUTHEAST QUARTER, THENCE EAST 741.96 FEET ALONG THE SOUTH LINE OF
 SAID QUARTER SECTION; THENCE NORTH 123 FEET PARALLEL TO THE WEST LINE
 OF SAID QUARTER SECTION TO THE TRUE POINT OF BEGINNING; THENCE EAST
 90.00 FEET PARALLEL TO THE SOUTH LINE OF SAID QUARTER SECTION; THENCE
 ON AN ANGLE TO THE SOUTHEAST TO A POINT ON THE SOUTH LINE OF THE
 QUARTER SECTION, 904.96 FEET EAST OF THE SOUTHWEST CORNER; THENCE
 CONTINUING EAST ALONG SOUTH LINE 65.00 FEET; THENCE NORTH PARALLEL
 WITH THE WEST LINE OF SAID QUARTER SECTION, 460.00 FEET; THENCE WEST
 PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION, 438.00 FEET;
 THENCE SOUTH PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION,
 229.00 FEET; THENCE EAST 210.00 FEET, PARALLEL WITH THE SOUTH LINE OF
 SAID QUARTER SECTION; THENCE SOUTH 108.00 FEET PARALLEL WITH THE WEST
 LINE OF SAID QUARTER SECTION TO THE POINT OF BEGINNING.

subject to:

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

 Master Plan for Reser’s Fine Foods PUD.

 Section 2. The PUD Master Plan for Reser’s Fine Foods East Development shall be recorded

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

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

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

submitted for review and administrative approval by the Planning Director.
 Section 3. This Ordinance Number shall be fixed upon the “District Map”.

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

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

 approval and publication in the official city newspaper.

 PASSED AND APPROVED by the Governing Body, City of Topeka, KS _____________, 2024




 ________________________________
 Michael A. Padilla, Mayor
ATTEST:


_______________________
Brenda Younger, City Clerk To Be Codified ___________
 Not To Be Codified ___X___
 TOPEKA PLANNING COMMISSION
 Monday, May 20, 2024

 CASE MINUTES

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

 Members Absent: Katy Nelson, (1)

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

PUD16/5B Reser’s Fine Foods requesting a major amendment to the Master PUD Plan located at 3728 SE 6th
Avenue to include approximately 40 acres of land on the west side of the existing processing facility to allow
development of a storage lot for semi- truck trailers.

Staff:
Michael Hall presented the staff report and staff’s recommendations of approval. This is a continuation from the
April 15th Planning Commission Meeting. The Planning Commission voted to continue as they requested more
information on the following:

Environmental impact of relocating stream and stream buffer
Heat Island Effect
Volume of Trucks Entering and Leaving Site
Improvements at NE Corner of Existing Site
Noise Study By Applicant
Height of Berm along west boundary

Additional items added to the original Master Plan include the following:

“any accessory buildings to area 2 will require approval of an amendment to the PUD Master Plan in accordance
with 18.190.070”

“all landscape setbacks required by this master plan shall be maintained as a pervious surface and be devoid of
parking, and storage areas, hard surfaces, and structures”

Mr. Hall stated that the relocation of the stream buffer will require approval the City of Topeka Utilities Department,
and that will be reviewed as part of the stormwater management plan.

Mr. Hall identified a heat island occurs when there are higher temperatures in developed areas compared to
undeveloped areas in the same general area. Increases in hard surfaces and decreases in landscaping can create
heat islands. Heat Islands are typically referenced in context to a whole city/community and not one area. The
parking lot doesn’t occupy the entire site, and the Master Plan does state the mature trees along the south and west
side are to stay.

Mr. Hall stated that Reser’s intends to correct a lot of the truck traffic by working with their partners and adding
signage to the exit onto Croco, so that traffic accesses the highway via 6 th Ave.
 Mr. Hall stated that the applicant agreed to additional landscaping and/or fencing along the berm that is north of the
 driveway on Crocro Road. That will be implemented outside of the Master Plan. Mr. Hall recommended that the
 landscape be planted before the end of the 2024 “growing” season.

 Mr. Hall stated that a noise study was conducted by a consultant hired by the applicant. He referred any specific
 questions to the applicant. The measurements were conducted on the northeast corner of the exisitng site, and they
 don’t directly address the noise levels created by the expansion of the storage area to the west. The noise levels
 that are created on site come primarily from idling trucks. Property owner Sandra Campise invited me to visit her
 property, and I can hear the trucks on the site from her house. You can hear a lot of loud, other noises as well.

 Mr. Hall referenced a previously presented exhibit regarding the berm. The new berm exhibit shows a bigger, taller
 berm that is further to the east, closer to the truck parking area. There is a six-foot opaque fence on top of it.

 Questions/Comments from Commissioners:
 Mr. Kaup asked about the opaque fence on top of the berm. Mr. Hall stated he did not know the answer to that
 question.

 Owner Representative:
 Kevin Holland, CFS Engineers

 Mr. Holland clarified on the recent berm exhibit that was displayed. The berm is pushed closer to the vehicles and
 it is a 4-1, which is easier to mow and maintain. They want to keep away from the tree line, but if they go to a 2-1
 slope then it is not maintainable with a mower. However, the area will not be visualized a lot, and will increase the
 overall height. Reser’s is dedicated to keeping the 60 decibal threshold, and will look into different fencing
 materials.

 Questions for Applicant:
 Mr. Brooks asked about the difference between weighted and not weighted decibal levels. Mr. Holland stated that
 the “DBA” is weighted, and that is noise that contributed where you are locally. The “DBZ” includes the
 unweighted has the background noise, and is a higher decibal level. Everyone hears the “DBA”. Mr. Holland is
 confident that the noise levels will be better on the west area because of the distance to the property line and the
 berm with a fence as well. Some apps read at the DBZ levels, so take that into consideration if using an app.

 Mr. Kaup asked if the consultant knew the magnitude of the expansion. Mr. Holland stated that he was hired
 specifically for a test at the location at Croco, close to the Reser’s trucks that would be sitting there running. Mr.
 Kaup asked if the consultant was aware of the existing conditions, and if the consultant understood what could
 happen if over 85 decibals was reached. Mr. Kaup discussed the enforcement mechanisms the city has outside of
 the Planning Commission. Mr. Holland stated that (for the west build out), there are still some things they can do
 to mitigate noise. Mr. Kaup stated that the city ordinance does not state a decibal level.

 Mr. Hall stated that if there is a violation on the master plan, then it is like violating the zoning code or zoning
 ordinance. There would be zoning enforcement action, and there would be steps to enforce that. If there is an
 issue with the noise, the applicant can file for an amendment, and it would have to go through this process again.
 Ms. Pearson asked how the process would be initiated. Mr. Hall stated it would be most likely through complaints,
 and the master plan does state that city staff would be allowed onsite to measure. Mr. Hall would prefer someone
 who knows what they are doing, vs using an app on the phone.

 Mr. Kaup stated that although the noise was not his issue, if there is determination of violation of the Topeka
 noise ordinance during the buildout or following the buildout then that will trigger consequences for the master
 plan. Mr. Holland stated that there is a 6-foot-high berm, and a 6-foot-high fence.

 Discussion by Commissioners

 Mr. Brooks stated he liked where the berm is at currently, but asked how to guarantee the design going forward.
 Mr. Hall stated that within the staff report, there is a height minimum in relation to the parking lot.

 Ms. Pearson asked for clarification on which berm that is being voted on. Mr. Hall stated the commission needed
 to decide which one they were voting on. Mr. Holland stated that total of 12 foot would satisfy all requirements.



Planning Commission 05.20.2024 PAGE 2

.18
 Motion by Commissioner Dehn, second by Commissioner Hannon to approve the PUD with the adjustment of
 12-foot height from the pavement to the top of the fence. Approved 8-0




Planning Commission 05.20.2024 PAGE 3

.18
 TOPEKA PLANNING COMMISSION
 Monday, April 15, 2024

 CASE MINUTES

 Members present: Willie Brooks, Corey Dehn, Jennifer Hannon, Del-Metrius Herron, Jim Kaup, William
 Naeger, Katy Nelson, Donna Rae Pearson, and Jim Tobaben, (9)

 Members Absent: (0)

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

Public Hearing of PUD16/5B Reser’s Fine Foods requesting a major amendment to the Master PUD Plan
located at 3728 SE 6th Avenue to include approximately 40 acres of land on the west side of the existing
processing facility to allow development of a storage lot for semi- truck trailers.

Staff:
Michael Hall presented the staff report and staff’s recommendations of approval.

Questions/Comments from Commissioners:

Commissioner Naeger asked for clarification about the westside setback, and what the length was dependent on.
Mr. Hall stated that it was dependent on the ability to get a variance, and relocation of the stream channel.

Commissioner Pearson asked about the environmental impact of relocating the stream. Mr. Hall was not able to
provide a detailed answer, but did confirm that the city’s stormwater engineer will evaluate it.

Commissioner Kaup asked for clarification on the staff recommendation report regarding page 8, sections 9 and 5.
Mr. Hall confirmed that there were some typographical errors. The setback should be 60 feet.

Commissioner Kaup asked about the setbacks and whether it would be vegetation or a hard, impervious service.
Mr. Hall confirmed that the setbacks would have to be vegetation. Commissioner Kaup asked where that information
could be found in the master plan. Mr. Hall stated that it was implicit. Commissioner Kaup stated that the master
plan should specify that any setbacks are limited to vegetation.

Commissioner Kaup asked about general note number 6 on the master plan. Mr. Hall stated it is relevant because
what is being amended doesn’t include any buildings except the guard house at the entrance. Mr. Hall stated that
if Reser’s wanted to come back and expand any of the buildings, then they will need to come back with an
amendment.

Commissioner Kaup asked about Shawnee County’s comprehensive future for the parcel. Mr. Hall stated that he is
unaware of the that. The county was notified, and city staff did not hear anything back from the county.

Commissioner Kaup asked if buildings could be put on any of the property, or if it was limited to parking. Mr. Hall
stated that there is an area called project data that states semi-trailer truck parking lot. The master plan provided
the number of parking stall, but is not specific if the parking lot can be expanded. To expand the parking lot, there
would have to be changes to the master plan.

Planning Commission 04.15.2024
 page 1
 Commissioner Brooks asked for clarification on the sound levels and the distance between the trucks and the fence.
 Mr. Hall confirmed that the noise will be 60 DB or less at the property line, and that the refrigerator trucks will be the
 loudest noise. There is a difference between 60 and 74 DB, and it is exponential. Without fencing or berms, there
 would be no reduction in noise level at the property line.

 Commissioner Brooks addressed a letter written from a neighbor. Commissioner Brooks stated it would be worth
 looking into how loud the back up horns are on the trucks. Commissioner Brooks asked how the city would ensure
 the noise level, and who would enforce such complaints? Mr. Hall referenced “general note 9” which allows for City
 Staff to be allowed onsite to conduct periodic noise measurements as needed.

 Commissioner Brooks asked who represents the surrounding neighbors since most of them live in the county limits.
 Mr. Hall stated that it would not make a difference where they live, if there is a complaint then the City’s Zoning
 Inspector would go and inspect and corrective action would be taken if necessary.

 Commissioner Tobaben referenced “landscaping” note number two, and asked if landscaping was included in at
 the cross section of the fence and berm. Mr. Hall stated that the next steps, if approved, would be a site development
 plan and a subdivision plat which include landscape plans.

 Commissioner Kaup asked if the applicant has agreed to the conditions. Mr. Hall stated that the applicant was on
 board with the current conditions.

 Commissioner Brookes suggested that a bigger berm be built. Commissioner Dehn agreed that a bigger berm for
 sound would be nice.

 Owner Representative:
 Kevin Holland, CFS Engineers
 Jeff Adair, Reser’s Fine Foods
 Gary McEvan, Reser’s Fine Foods

 Mr. Holland stated that the applicants have no issues with it staying vegetative in state for the area west of the
 parking. There is a proposed guard shack on the south side, and hopes there is a not a limitation to buildings. The
 berm idea has been discussed, and there is a fence shown on the 20-foot landscape berm. The concern is that the
 higher the berm is, the farther away from the trees you get to stay away from the roots. The higher the berm, the
 closer it gets to the trucks. The 60 db is a cautionary number, as anyone can get an app on a phone and get any
 number. On Wednesday, Reser’s will be conducting testing through a third party to conduct an eight-hour test to
 evaluate the sound measurements.

 Mr. Holland informed the commissioners that the streams already combine on the property, and are just being
 moved to the East and then combine them a little further south. The drainage will be combined as the two are
 combined.

 Commissioner Kaup inquired about the large impervious surface, and what it is made up of. Mr. Holland stated that
 it is asphalt, and confirmed that everything that is not in the set back will be impervious. Commissioner Kaup asked
 about detention or retention facilities, and Mr. Holland confirmed that there was a detention area.

 Commissioner Kaup asked about the phases of the project, and if the applicants propose to construct all phases at
 once. Mr. Holland stated no, and that they would start with phase one which is 250. They are also proposing duel
 fences at the back side, chain length for monitoring and opaque for noise canceling.
 Commissioner Kaup inquired as to why the applicant would go through this process, if not looking for city water or
 sewer. Mr. Holland stated that the parcel is already attached to the city’s property to the East, and making one
 congruent piece of property is cleaner overall.

 Commissioner Brooks stated that it would be interesting to see the results of the third-party testing regarding the
 backup alarms (near, middle, far). Mr. Holland stated that they should be able to hear them at that location, and the
 test is for eight hours so the peaks and valleys of the noise levels will be available.

 Commissioner Brooks asked about the 60 db level on the east side of the property line, and what the west side of
 the property line. Mr. Holland stated it would depend on other noises around outside as well.



Planning Commission 04.15.2024 PAGE 2

.18
 Commissioner Hannon asked about the setback on the west side. Per the drawing, it could go down to 60 feet
 pending the stream change, but would it ever be more than 100 feet. Mr. Holland stated no. Commissioner Hannon
 asked about the cross sections, and if it ever gets better moving further north. Mr. Holland stated that the southern
 stall would be close to the worst-case scenario.


 Commissioner Pearson declared the public hearing open.

 Sandra Campise, 416 SE Croco Road, submitted a letter with pictures to the commissioners. The
 vibrations shake house. Ms. Campise goes to bed early for work, and the noise is constant. She has
 reached out to Reser’s about some of the trailers, and they did move some of the trucks back. Ms.
 Campise’s other concerns included the flooding of her yard, and how Reser’s does not put anything in
 writing.

 Commissioner Brooks asked about the original agreement mentioned in the letter. Ms. Campise stated
 that that the applicant kept saying not to put anything in writing. Commissioner Brooks inquired that the
 agreement Ms. Campise is referring to is when Reser’s first inhabited the property and were before the
 Planning Commission at that time talking through the details. Ms. Campise confirmed.

 Dean Jennings, 416 SE Croco Road, stated that he read in one of the documents that 250 trucks plus
 125 refrigeration units would be operating at the same time. There is currently a noise problem with 12
 trucks, so the noise level would be 10 times the amount.

 Sheila Summers, address unknown, asked about the third-party test being conducted later in the week,
 and when it would be done. Ms. Summers agrees that Reser’s is a good neighbor, but has made several
 complaints about the sound. From her front porch, Ms. Summers states the db level is 80, and there are
 no other cars driving by nor children playing outside. The original parking was supposed to be lower than
 what it is, and from her two-story house, the trucks are at eye level.

 Roger Sanders, 426 SE Rice Road, hopes that there is an environmental study done because this
 summer that parking lot will be hot, and that will make everything else hot in the area. The factory never
 shuts down, and it runs 24/7. There were no commercial buildings before Reser’s, and in the county there
 is a noise ordinance from 11pm-6am. Reser’s doesn’t abide by that, and if they did, then the noise barrier
 wouldn’t be an issue. Mr. Sanders states that he can hear the trucks backing up in his sleep, and the
 lights are always on. This is impacting their lives and their property.


 With no one else coming forward to speak, Commissioner Pearson declared the public hearing closed.

 Discussion by Commissioners:

 Commission Kaup acknowledges that Reser’s is important for the community. Commissioner Kaup is not
 convinced that they have done everything they can, as this project is impacting the lives of several people in
 several directions. Commissioner Kaup suggests tabling the matter for the staff to work out with Reser’s.

 Commissioner Nelson stated she would like to see the results of the noise test before deciding.


 Commissioner Brooks stated that data would help. This address is quite a way from where the trucks are currently
 at, and you can still hear the backup alarms. That does not help Reser’s with the sound issue. What we have is a
 situation where Reser’s is trying to do their best and be a good neighbor, but this could make the situation worse
 than what it currently is. Some more data, the third-party test, and maybe some direction on how they can keep it
 from getting too much worse is reasonable.

 Commissioner Dehn stated that he would like to see a way to raise the 3-foot berm. This might help the sound
 issue, along with the existing sound because there is currently no barrier. Commissioner Dehn also would like to
 know if all the trucks on the trailers will be loaded and ready, or if they will be running empty while they wait.

 Commissioner Herron asked for clarification if it is sent back.



Planning Commission 04.15.2024 PAGE 3

.18
 Commissioner Hannon would like to see more information on the traffic on the site, where the trucks are entering
 and exiting, if the trailers (seen in the pictures) will be housed in the new area.

 Commissioner Pearson states that she is still concerned about the environmental impacts of the stream.

 Commissioner Pearson stated there is a need for the following:

 *more data for the sound
 *more information for truck entrance
 *more information on environmental impact in regards to the stream

 Commissioner Brooks would also like to see more information regarding the “heat island” effect concern (brought
 up in public comment previously).

 Commissioner Kaup asked city staff if the applicant has agreed to everything that is currently in the staff report.
 Mr. Hall stated that to his understanding, the applicant has agreed to everything. Commissioner Kaup then
 clarified, as to what more can be achieved to address the issues.

 Commissioner Dehn mentioned he would like to see if there are other ways to “deaden” the sound of the existing
 truck parking area off Croco.

 Commissioner Tobaben stated the effective height of the berm versus the elevation of the parking lot is more than
 three feet.

 Mr. Warner summarized the following from what the commissioners are requesting:
 *noise test (results and data)
 *how to keep the noise from getting worse
 *higher Berm (higher than 3 feet)
 *explanation of current truck circulation
 *trailers on north side, and if they will move after this is built
 *environmental impact of moving stream and the “heat island effect”
 *more improvements to the northeast corner

 Commission Kaup asked about the traffic impact study that is a part of the study, and if city staff had any
 concerns. Mr. Hall stated that there were no issues or concerns.

 Commissioner Kaup asked if Kevin Holland could come back up, and answer some further questions.

 Kevin Holland, CFS Engineers

 Commissioner Pearson asked how the tabling of the matter would impact for further research. Mr. Holland
 inquired about the environmental aspect and the heat off the concrete, and how to proceed with those tests.
 Commissioner Pearson stated that although she is unsure of how to proceed, City staff should be able to help.

 Commissioner Dehn asked if any of those environmental factors would run into the golden factors. Mr. Hall stated
 that the golden factors speaks mainly to how it directly affects the neighbors. Some of the concerns might fal into
 the category of “other factors”. Commissioner Pearson asked if it gives the option to ask more questions. Mr. Hall
 confirmed.
 Mr. Hall also stated that he believes, the environmental impact of the stream is looked at by the stormwater
 engineer as well. Commissioner Dehn asked (Mr. Holland) if the development adds more excessive storm water
 to the stream system. Mr. Holland stated that the water is held back so that the peak hour stream comes through
 during the peak hour per the City of Topeka’s storm water policy. Mr. Holland also stated that the temperature
 thing is a difficult, subjective piece of information.

 Commissioner Brookes stated that he wanted the applicant to acknowledge the comment when he brought it up.
 He understands it may not affect the property, because it is the whole community that affects the “heat island”.
 Commissioner Brookes is hoping the applicant can a general response to the concern and provide information as
 to why it won’t it effect the property.




Planning Commission 04.15.2024 PAGE 4

.18
 Mr. Holland says, that although they would love a vote on the matter, the applicant would not have another option
 but to work with staff to alleviate some of the issues on the west side. Commissioner Kaup stated that the
 commission does not have enough information to come up with a solution tonight. Commissioner Kaup asked Mr.
 Holland if his client would prefer to table the annexation as well. Mr. Holland said yes.

 Commissioner Dehn asked where the trucks park currently. Mr. Holland stated that they are spread across the
 campuses, and traffic study shows 6th street as a centralized location that they will all be coming off. The trucks on
 the northside that are backing up would most likely stay there, as they are in active operation with the plant
 coming in.

 Mr. Holland stated that the third-party test is scheduled from 4:00am- to 12:00pm to hit the morning peak.

 Commissioner Kaup reminded city staff that a plat note needed to be added that all setbacks are to be vegetative,
 and no structures are to be on property other than a guard house.

 Motion by Commissioner Kaup, second by Commissioner Herron to continue all action items to the May
 Meeting. Approved 9-0-0




Planning Commission 04.15.2024 PAGE 5

.18
 BOOK PAGE
 MASTER PLANNED UNIT DEVELOPMENT PLAN DATE TIME
 RESER'S FINE FOODS EAST DEVELOPMENT RECORDED WITH THE SHAWNEE COUNTY REGISTER OF DEEDS
 AMENDMENT NO. 2 REBECCA J. NIOCE, REGISTER OF DEEDS




 LEGEND DESCRIPTION
 AREA 1 LEGAL DESCRIPTION:
 LOT 1, BLOCK A, RESER'S CROCO SUBDIVISION NO. 2, IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 11
 SOUTH, RANGE 16 EAST OF THE 6TH P.M., ALL IN SHAWNEE COUNTY, KANSAS.
 AREA 2 LEGAL DESCRIPTIONS
 INSTRUMENT NO. 2018R16128:
 A TRACT OF LAND IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 11 SOUTH, RANGE 16 EAST OF THE 6TH
 0 200 400 P.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SAID SOUTHEAST QUARTER,
 Feet THENCE EAST 741.96 FEET ALONG THE SOUTH LINE OF SAID QUARTER SECTION; THENCE NORTH 123 FEET
 PARALLEL TO THE WEST LINE OF SAID QUARTER SECTION TO THE TRUE POINT OF BEGINNING: THENCE EAST 90.00
 SCALE: 1" = 200' FEET PARALLEL TO THE SOUTH LINE OF SAID QUARTER SECTION; THENCE ON AN ANGLE TO THE SOUTHEAST TO A
 POINT ON THE SOUTH LINE OF THE QUARTER SECTION, 904.96 FEET EAST OF THE SOUTHWEST CORNER; THENCE
 CONTINUING EAST ALONG SOUTH LINE 65.00 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID
 AREA 2 QUARTER SECTION, 460.00 FEET; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION,
 PHASE III (PROPOSED)
 SEMI TRUCK PARKING 438.00 FEET; THENCE SOUTH PARALLEL WITH THE WEST (SOUTH DESCRIBED) LINE OF SAID QUARTER SECTION,
 PHASE IV (PROPOSED FUTURE) 229.00 FEET; THENCE EAST 210.00 FEET, PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION; THENCE
 SEMI TRUCK PARKING SOUTH 108.00 FEET PARALLEL WITH THE WEST LINE OF SAID QUARTER SECTION TO THE POINT OF BEGINNING, IN
 SHAWNEE COUNTY, KANSAS.
 INSTRUMENT NO. 2018R16057:
 BEGINNING AT A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER (SE ¼) OF SECTION 34, TOWNSHIP 11
 SOUTH, RANGE 16 EAST OF THE 6TH P.M., 957.75 FEET WEST OF THE EAST LINE OF SAID QUARTER SECTION;
 THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID QUARTER SECTION 2047 FEET TO A LIMESTONE SET NEAR
 A BLACK WALNUT TREE, SAID TREE MARKED BY THREE HACKS; THENCE WEST AT RIGHT ANGLES TO THE EAST LINE
 OF SAID QUARTER SECTION 372.45 FEET TO AN OSAGE ORANGE HEDGE; THENCE NORTH ALONG SAID HEDGE AND
 PARALLEL WITH THE EAST LINE OF SAID QUARTER SECTION, 327 FEET TO A POINT 377.75 FEET SOUTH OF THE
 NORTH LINE OF SAID QUARTER SECTION; THENCE WEST ALONG AN OSAGE ORANGE HEDGE PARALLEL WITH THE
 NORTH LINE OF SAID QUARTER SECTION, 778.04 FEET TO A POINT 531.96 FEET EAST OF THE WEST LINE OF SAID
 QUARTER SECTION; THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID QUARTER SECTION, 2374 FEET TO THE
 SECTION LINE; THENCE EAST ALONG SECTION LINE 1150.49 FEET TO THE PLACE OF BEGINNING;
 EXCEPT THE FOLLOWING DESCRIBED TRACT, STARTING AT A POINT ON THE NORTH SIDE OF THE PUBLIC HIGHWAY,
 532 FEET EAST FROM THE WEST LINE OF THE WEST HALF (W ½) OF THE SOUTHEAST QUARTER (SE ¼) OF SECTION
 34, TOWNSHIP 11 SOUTH, RANGE 16; THENCE EAST 210 FEET; THENCE NORTH 265 FEET; THENCE WEST 210 FEET;
 THENCE SOUTH 265 FEET TO THE PLACE OF BEGINNING, IN SHAWNEE COUNTY, KANSAS;
 AND LESS A TRACT OF LAND IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 11 SOUTH, RANGE 16 EAST
 OF THE 6TH P.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SAID SOUTHEAST
 QUARTER, THENCE EAST 741.96 FEET ALONG THE SOUTH LINE OF SAID QUARTER SECTION; THENCE NORTH 123
 FEET PARALLEL TO THE WEST LINE OF SAID QUARTER SECTION TO THE TRUE POINT OF BEGINNING; THENCE EAST
 90.00 FEET PARALLEL TO THE SOUTH LINE OF SAID QUARTER SECTION; THENCE ON AN ANGLE TO THE SOUTHEAST
 AREA 1 TO A POINT ON THE SOUTH LINE OF THE QUARTER SECTION, 904.96 FEET EAST OF THE SOUTHWEST CORNER;
 PHASE I THENCE CONTINUING EAST ALONG SOUTH LINE 65.00 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF
 PHASE II SAID QUARTER SECTION, 460.00 FEET; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION
 SITE 438.00 FEET; THENCE SOUTH PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION, 229.00 FEET; THENCE
 EAST 210.00 FEET, PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION; THENCE SOUTH 108.00 FEET
 PARALLEL WITH THE WEST LINE OF SAID QUARTER SECTION TO THE POINT OF BEGINNING.




 SE CROCO RD.



 SE 6TH STREET
 VICINITY MAP
 No Scale


 STREAM BUFFER NOTES TYPICAL TYPE II
 1. RESTRICTION: - THERE SHALL BE NO CLEARING, GRADING, CONSTRUCTION OR DISTURBANCE OF VEGETATION EXCEPT AS STREAM BUFFER STREAMSIDE AREA - USES ALLOWED
 PERMITTED UNDER SECTION 17.10.060 OF THIS CODE OR AS APPROVED BY THE PUBLIC WORKS DIRECTOR OR HIS OR HER 1.) NATIVE VEGETATION
 DESIGNEE. 2.) FLOOD CONTROL
 25' OUTER AREA 3.) FOOT PATHS/ROAD CROSSINGS
 4.) UTILITY CORRIDORS
 2. STREAM BUFFER EASEMENTS ARE HEREBY ESTABLISHED AS SHOWN TO PROVIDE FOR INFORMAL GREEN SPACE AND THE 25' STREAMSIDE AREA OUTER AREA - USES ALLOWED
 NATURAL UNOBSTRUCTED OVERLAND FLOW OF SURFACE WATER IN EXISTING DRAINAGE WAYS. PROPERTY OWNER(S) SHALL (MINIMUM) 1.) NATIVE VEGETATION OR MANAGED LAWN
 NOT PLACE PERMANENT OR SEMI-PERMANENT OBSTRUCTIONS IN SAID EASEMENT. ALL MAINTENANCE WITHIN THE STREAM 2.) BIKING/HIKING PATHS
 CENTERLINE OF WATERWAY
 BUFFER EASEMENT (SBE) SHALL BE THE RIGHT, DUTY AND RESPONSIBILITY OF THE PROPERTY OWNER(S) OF THE PROPERTY IN 25' STREAMSIDE AREA 3.) FLOOD CONTROL
 (MINIMUM) 4.) DETENTION/RETENTION STRUCTURE
 WHICH THE EASEMENT IS SO LOCATED, HOWEVER, IF MAINTENANCE IS NEGLECTED OR SUBJECT TO OTHER UNUSUAL
 5.) UTILITY CORRIDORS
 CIRCUMSTANCES AND IS DETERMINED TO BE A HAZARD OR THREAT TO PUBLIC SAFETY BY THE DIRECTOR OF THE APPLICABLE 6.) STORMWATER BMP's
 DEPARTMENT OF PUBLIC WORKS, CORRECTIVE MAINTENANCE MAY BE PERFORMED BY THE GOVERNING JURISDICTION WITH 25' OUTER AREA 7.) RESIDENTIAL YARDS/LANDSCAPE AREAS PROPERTY OWNER'S: DATE:
 COSTS ASSESSED TO AND BORNE UPON SAID PROPERTY OWNER(S). OFFICIALS REPRESENTING THE APPLICABLE DEPARTMENT OF RESER'S FINE FOODS INC.
 PUBLIC WORKS SHALL HAVE THE RIGHT TO ENTER UPON THE EASEMENT FOR PURPOSES OF PERIODIC INSPECTION AND/OR OWNER ADDRESS: PROPERTY ADDRESS JUNE ST
 1, 2024
 ENGINEERS P.O. BOX 8 3728 SE 6TH STREET
 CORRECTIVE MAINTENANCE.
cfse.com 2930 SW Woodside Dr, Topeka, KS 66614
 o: 785-272-4706 f: 785-272-4736
 TOPEKA, KS 66607
 BEAVERTON, OR 97075 PUD 16 / 05B
 PERFORMANCE OBJECTIVE
 MASTER PLANNED UNIT DEVELOPMENT PLAN BOOK
 DATE
 PAGE
 TIME
 AREA 1
 TO CONSTRUCT A FOOD PROCESSING AND PACKAGING FACILITY WITHIN A RESIDENTIAL/AGRICULTURAL SETTING WHILE REASONABLY
 RESER'S FINE FOODS EAST DEVELOPMENT
 ACCOMMODATING THE OWNERS OF THE FACILITY AND SURROUNDING NEIGHBORHOOD.
 AREA 2
 TO ALLOW FOR THE CONSTRUCTION OF A PARKING LOT FOR SEMI-TRUCK TRAILERS INTENDED SOLELY FOR DIRECT USE BY SEMI-TRUCK
 AMENDMENT NO. 2
 TRAILERS SERVING THE RESER'S PLANT FACILITIES LOCATED IN EAST TOPEKA WITHIN PROXIMITY TO THE SITE. ANY EXPANSION OF BUILDINGS
 WITHIN AREA 2 SHALL REQUIRE A MAJOR PUD AMENDMENT. VARIANCE NOTES OWNER'S CERTIFICATE
 1. RELOCATION OF THE WESTERN STREAM CHANNEL TRANSECTING AREA 2 SHALL REQUIRE APPROVAL OF A VARIANCE TO TMC 17.10.080 RESER'S
 BY FINE FOODS INC. OWNER, AGREES TO COMPLY WITH THE CONDITIONS AND RESTRICTIONS AS SET FORTH ON
 THE CITY OF TOPEKA DEPARTMENT OF UTILITIES AND APPROVAL BY THE DIVISION OF WATER RESOURCES, IF NEEDED. IF THE VARIANCE THEISMASTER PUD PLAN.
 DEVELOPMENT PHASING SCHEDULE NOT APPROVED, THE TRAILER PARKING LOT MAY BE SHIFTED NORTH AND WEST WITH THE EXACT LOCATION DETERMINED AT THE TIME OF
 AREA 1 SITE PLAN REVIEW APPLICATION PROVIDED A MINIMUM 60' LANDSCAPE SETBACK FOR ANY TRUCK OR VEHICLE STORAGE IS STILL IN TESTIMONY WHEREOF: THE OWNERS OF THE ABOVE DESCRIBED PROPERTY, RESER'S FINE FOOD INC. HAS SIGNED
 PHASE I (2017-2018) - CONSTRUCT 318,000 SF FACILITY, CONSTRUCT DECELERATION LANE INTO WEST ST.,
 TH ENTRANCE
 WIDENING
 OFFOF
 SE 6 MAINTAINED FROM THE EDGE OF THE PARKING LOT TO THE WEST PROPERTY LINE. THESE PRESENTS THIS DAY OF , 2024.
 SE CROCO RD. TO ACCOMMODATE INDUSTRIAL WIDTH 3 LANE ROADWAY THROUGH THE NORTH PROPERTY BOUNDARY ALONG SE CROCO RD.
 AND THEN TAPERING TO EXISTING WIDTH. (NOT SHOWN), CONSTRUCT SIDEWALK (6' BACK OF CURB OR 5' STANDARD) ALONG THE NORTH SIDE
 OF SE 6TH ST TO CONNECT WITH THE SIDEWALK THAT TERMINATES JUST EAST OF RICE RD., CONSTRUCT SIDEWALK (6' BACK OF CURB ORUTILITY
 5' NOTES
 STANDARD) ALONG THE WEST SIDE OF SE CROCO RD. THE LENGTH OF THE PROPERTY'S FRONTAGE. 1. LIGHTING SHALL BE FULL CUT OFF, SHIELDED & RECESSED WITH CUT-OFF ANGLES TO PREVENT THE CAST OF LIGHTING BEYOND THE
 PHASE II (2022-2028) CONSTRUCT 85,000 SF STORAGE AND DISTRIBUTION BUILDING THAT WILL BE ATTACHED TO THE PHASE I MAIN PROPERTY & NOT EXCEED 3 FOOT CANDLES AS MEASURED AT THE PROPERTY LINE. EXTERIOR LIGHTING SHALL FOLLOW ACCEPTED PAUL LEAVY, CHIEF FINANCIAL OFFICER
 STRUCTURE. (NORTH OF EXISTING BUILDING WITHIN EXISTING PARCEL) RESER'S FINE FOODS INC.
 NATIONAL GUIDELINES FOR PARKING LOT LIGHTING (I.E. CPTED). THE TYPE, ILLUMINATION, POLE HEIGHT & QUANTITY OF NEW PARKING
 AREA 2 LOT LIGHTING SHALL BE APPROVED BY THE TOPEKA PLANNING DEPARTMENT AT THE TIME OF PERMIT APPROVAL BY DEVELOPMENT
 SERVICES. A FOOT CANDLE ANALYSIS WILL BE APPROVED AT THE SITE DEVELOPMENT PLAN STAGE.
 PHASE III CONSTRUCT PARKING LOT WITH 255 SEMI TRUCK SPACES PROVIDED. 2. ALL UTILITIES SHALL BE PLACED UNDERGROUND PURSUANT TO THE CITY'S RIGHT-OF-WAY MANAGEMENT STANDARDS. STATE OF KANSAS) ss
 PHASE IV CONSTRUCT ADDITIONAL PARKING LOT WITH 150 SEMI TRUCK SPACES PROVIDED. 3. SEWER AND WATER SHALL BE PROVIDED BY THE CITY OF TOPEKA. CONNECTIONS AND ANY REQUIRED EXTENSIONS SHALL BE MADE AT COUNTY
 THE OF SHAWNEE) ss
 EXPENSE OF THE DEVELOPER. BE IT REMEMBERED THAT ON THIS DAY OF 2024, BEFORE ME, A NOTARY PUBLIC IN AND FOR
 PROJECT DATA SAID COUNTY AND STATE, CAME PAUL LEAVY, CHIEF FINANCIAL OFFICE, RESER'S FINE FOODS INC., WHO IS PERSONALLY
 KNOWN TO BE THE SAME PERSON WHO EXECUTED THE WITHIN INSTRUMENT OF WRITING, AND SUCH PERSON DULY
 AREA 1 CIRCULATION, PARKING & TRAFFIC NOTES ACKNOWLEDGED THE EXECUTION OF THE SAME.
 ZONING: I-1 USES.FOR WAREHOUSING/DISTRIBUTION AND MANUFACTURING AND PROCESSING, TYPES I AND II ONLY 1. THE QUANTITY AND DESIGN OF ACCESSIBLE PARKING SHALL COMPLY WITH THE AMERICANS WITH DISABILITIES ACT (ADA).
 ALL OTHER USES LISTED IN 18. 60 ARE NOT PERMITTED. 2. A 40 FT. SIGHT TRIANGLE, MEASURED FROM THE FACE OF CURB EXTENDED, SHALL BE MAINTAINED AT ALL ENTRANCES; NO OBSTRUCTIONSIN WITNESS WHEREOF, I HEREBY SET MY HAND AND AFFIX MY SEAL ON THE DAY AND YEAR LAST WRITTEN ABOVE.
 MAXIMUM DENSITY: N/A PER I-1 STANDARDS GREATER THAN (30) INCHES ABOVE GRADE OF ANY ADJACENT STREET OR ENTRANCE MAY BE PLACED WITHIN THIS AREA.
 MAXIMUM BUILDING COVERAGE RATIO: 85% 3. ACCESS OPENINGS SHALL BE ALLOWED AS DEPICTED ON THE PLAN.
 MINIMUM LOT AREA: 10,000 SF NOTARY PUBLIC
 4. ALL NEW DRIVES, STREETS, PARKING AREAS, APPROACHES AND WALKS SHALL BE CONSTRUCTED TO CITY OF TOPEKA STANDARDS. MY COMMISSION EXPIRES:
 TOTAL STRUCTURES (PROPOSED): SINGLE STORY BUILDING 5. ALL DRIVES, LANES & PRIVATELY OWNED ACCESS WAYS PROVIDING ACCESSIBILITY TO STRUCTURES, BUILDINGS AND USES WITHIN THE
 TOTAL MAXIMUM BUILDING AREA: 317,190 SF PLANNED UNIT DEVELOPMENT SHALL BE CONSIDERED AND SERVE AS MUTUAL RIGHTS OF ACCESS TO OWNERS, TENANTS, INVITED GUESTS,
 281,000 SF PRODUCTION CLIENTS, EMPLOYEES, CUSTOMERS, SUPPORT AND UTILITY PERSONNEL AND EMERGENCY SERVICE PROVIDERS, INCLUDING LAW
 27,850 SF OFFICE/EMPLOYEE SERVICE ENFORCEMENT, FIRE PROTECTION AND AMBULANCE SERVICES. ALL ACCESS WAYS PROVIDING GENERAL ACCESSIBILITY TO, AND CERTIFICATION OF MASTER PUD PLAN APPROVAL
 640 SF COVER OUTDOOR BREAK AREA CIRCULATION AMONG, THE USES WITHIN THE PLANNED UNIT DEVELOPMENT SHALL BE MAINTAINED AT ALL TIMES IN GOOD SERVICEABLE
 CONDITION WITH THE MAINTENANCE OF SAID ACCESS WAYS BEING THE RESPONSIBILITY OF THE OWNER. THIS PLANNED UNIT DEVELOPMENT (PUD) MASTER PLAN HAS BEEN REVIEWED AND APPROVED IN ACCORDANCE WITH
 5,000 SF COVERED TRASH COLLECTION AREA THE PROVISIONS OF CHAPTER 18.190 OF THE COMPREHENSIVE ZONING REGULATIONS OF THE CIT Y OF TOPEKA,
 2,700 SF AMMONIA ROOM 6. IF ANY IMPROVEMENTS TO THE SITE ARE REQUIRED BY THE TRAFFIC ANALYSIS AS APPROVED BY THE CITY TRAFFIC ENGINEER, THEY SHALL BE COUNTY,
 SHAWNEE KANSAS AND MAY BE AMENDED ONLY AS PRESCRIBED IN TMC 18.190.070 OF SAID CHAPTER AND
 COMPLETED BY THE DEVELOPER PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR EACH PHASE OF DEVELOPMENT. AS SET FORTH ON THIS DOCUMENT OR AS MAY SUBSEQUENTLY BE APPROVED AND RECORDED.
 MAJOR  AMENDMENT
 PARCEL SIZE: 43.03 ACRES±
 PARKING CALCULATIONS: PH I & PH II APPROVAL TO CONSTRUCT A TRAILER PARKING LOT ON THE PORTION DESCRIBED AS AREA 2. USE AND MAINTENANCE
 508 SPACES PROVIDED (499 STANDARD + 9 HANDICAP) SIGNAGE NOTES OF  THE PARKING LOT SHALL BE BY RESER'S FINE FOOD INC OR TO ALLOW STORAGE OF TRAILERS SERVING OPERATIONS
 1. SIGNS SHALL BE APPROVED BY SEPARATE SIGN PERMIT APPLICATION. WITHIN THE VICINITY OF SE 6TH AND CROCO.
 417 REQUIRED (1 SPACE / 600 SQ. FT UP TOSQ.
 25,000
 FT.; 1 SPACE / 1000 SQ. FT. THEREAFTER)
 24 BIKE SPACES PROVIDED 2. TMC 18.10 SHALL GOVERN ALL OTHER SIGNS UNLESS SPECIFICALLY STATED HEREIN. ALL INCIDENTAL SIGNAGE SHALL COMPLY WITH TMC
 18.10.130(i) BY ZONING USE GROUP.
 3. ONE FREESTANDING SIGN IS PERMITTED AT EACH VEHICULAR ENTRANCE FROM SE CROCO ROAD AND SE 6TH AVENUE BUT SHALL BE
 AREA 2 LIMITED IN SIZE TO 40 SQUARE FEET AND IN HEIGHT TO 10 FEET ON SE CROCO ROAD AND LIMITED IN SIZE TO 50 SQUARE FEET AND HEIGHT
 ZONING: I-1, USES, FOR SEMI-TRUCK TRAILER PARKING LOT. TO 15 FEET ON SE 6TH AVENUE.
 PARCEL SIZE: 42.04 ACRES ± DAN WARNER, PLANNING DIRECTOR DATE
 PARKING CALCULATIONS: PH III & PH IV LANDSCAPING AND FENCING NOTES
 255 SEMI TRUCK SPACES PROVIDED, PHASE III 1. ALL LANDSCAPING SHALL BE CONSISTENT WITH I-1 ZONING REQUIREMENTS AND RESTRICTIONS UNLESS PRESCRIBED OTHERWISE STATED IN
 150 SEMI TRUCK SPACES PROVIDED , PHASE IV THIS DOCUMENT. SITE SPECIFIC LANDSCAPE PLANS ADDRESSING POINT QUANTITIES, SPECIES, AND LOCATION SHALL BE SUBMITTED AND STATE OF KANSAS) ss
 APPROVED PRIOR TO ISSUANCE OF ANY PERMITS. COUNTY OF SHAWNEE) ss
 GENERAL NOTES 2. LANDSCAPE PLANS SHALL BE PROVIDED THAT ARE CONSISTENT WITH TMC 18.235 LANDSCAPE REGULATIONS. THE SPECIFIC TYPES, AND BE IT REMEMBERED THAT ON THIS DAY OF 2024, BEFORE ME, A NOTARY PUBLIC IN AND FOR
 1. THE BASE ZONING OF I-1 SHALL APPLY UNLESS STATED OTHERWISE ON THE PUD MASTER PLAN. QUANTITIES SHALL BE APPROVED BASED ON THE LANDSCAPE PLAN SUBMITTED AT THE SITE PLAN REVIEW APPLICATION STAGE. "AN SAID COUNTY AND STATE, CAME DAN WARNER, PLANNING DIRECTOR, WHO IS PERSONALLY KNOWN TO BE THE SAME
 2. NO BUILDING PERMITS SHALL BE ISSUED UNTIL INDIVIDUAL SITE DEVELOPMENT PLANS SUBJECT TO TMC 18. 190. 060(C) HAVE BEEN ATTRACTIVE MIX OF EVERGREEN, SHRUBS, AND DECIDUOUS TREES ALONG THE PROPERTY'S STREET FRONTAGES AND WHERE ADJACENT TO WHO EXECUTED THE WITHIN INSTRUMENT OF WRITING, AND SUCH PERSON DULY ACKNOWLEDGED THE
 PERSON
 REVIEWED AND APPROVED BY THE PLANNING DIRECTOR. THESE SITE PLANS SHALL ADDRESS INDIVIDUAL BUILDING SITE LOCATIONS, SINGLE-FAMILY RESIDENCES ON THE WEST AND NORTH SIDES AT THE TIME OF DEVELOPMENT OF FUTURE PHASES. AN IMPERVIOUS EXECUTION OF THE SAME.
 OFF-STREET PARKING AND INTERNAL CIRCULATION, FIRE HYDRANTS, LANDSCAPING, PEDESTRIAN CONNECTIVITY, EXTERNAL LIGHTING, SCREENING BARRIER, BERMS OR COMBINATION LANDSCAPING AND BERMS SHALL BE PROVIDED ALONG THE LENGTH OF THE WEST
 SIGNAGE, BUILDING ELEVATIONS, UTILITIES, STORM WATER, RELATIONSHIP TO ADJACENT LOTS, ETC., APPROVED BY THE PLANNING PROPERTY LINE SUBJECT TO TMC 18.235.060(d).
 DIRECTOR FOR EACH PHASE. 3. THE CARE, MAINTENANCE, AND OWNERSHIP OF COMMON OPEN SPACE, PARKING AREAS, UTILITIES, PRIVATE STREETS, ACCESS WAYS,IN WITNESS WHEREOF, I HEREBY SET MY HAND AND AFFIX MY SEAL ON THE DAY AND YEAR LAST WRITTEN ABOVE.
 3. NO BUILDING PERMITS SHALL BE ISSUED UNTIL THE PROPERTY DESCRIBED AS AREA 2 IS PLATTED. STORMWATER MANAGEMENT EASEMENTS, FENCING, AND LANDSCAPING SHALL BE THE RESPONSIBILITY OF THE OWNERS. ALL
 4. NO BUILDING PERMITS SHALL BE ISSUED UNTIL STORMWATER MANAGEMENT PLANS PURSUANT TO TMC 13.335 ARE APPROVED, LANDSCAPING SHALL BE INSTALLED PURSUANT TO PHASING SCHEDULE AND PROPERLY MAINTAINED. IF ANY PORTION OF THE LANDSCAPED
 INCLUDING GRANTING OF ANY NECESSARY STORMWATER MANAGEMENT EASEMENTS. MATERIAL DIES, IT SHALL BE REPLACED BY THE NEXT PLANTING SEASON. NOTARY PUBLIC
 5. PURSUANT TO TMC 18.190, THE APPLICANT MUST RECORD THE MASTER PUD PLAN WITH THE SHAWNEE COUNTY REGISTER OF DEEDS4. TO MITIGATE NOISE FROM THE TRUCK AND TRAILER PARKING, PROVIDE COMBINATION OF A LANDSCAPE BERM AND OPAQUE FENCEMY COMMISSION EXPIRES:
 ALONG
 WITHIN SIXTY (60) DAYS UPON APPROVAL OF THE GOVERNING BODY. FAILURE BY THE APPLICANT TO RECORD THE PLAN WITHIN THE ZONED THE SOUTH, WEST AND NORTH PROPERTY BOUNDARY ADJACENT TO THE TRUCK TRAILER PARKING AREA WHERE THE SITE ABUTS LANDS
 PRESCRIBED TIME PERIOD AND PROVIDE THE PLANNING DEPARTMENT WITH THE REQUIRED NUMBER OF COPIES OF THE RECORDED PLAN OR USED FOR A RESIDENTIAL LAND USE. ALONG THE WEST PROPERTY BOUNDARY, THE COMBINATION OF BERM AND OPAQUE
 FENCE SHALL OBTAIN A MINIMUM HEIGHT OF 12 FEET ABOVE THE FINISHED GRADE OF THE TRUCK TRAILER PARKING AND STORAGE AREA.
 WITHIN NINETY (90) DAYS OF THE DATE OF ACTION BY THE GOVERNING BODY SHALL RENDER THE ZONING PETITION NULL AND VOID. BERM HEIGHT STARTS AT 6', SLOPE IS 4 :1 ON SOUTH END AND GRADUALLY DECREASES AS YOU MOVE NORTH COINCIDING WITH THEAMENDMENT  FINISH NOTE:
 6. ANY EXPANSION OR INCREASE IN FLOOR AREA EXCEEDING 10% OF THE EXISTING BUILDINGS OR AS OTHERWISE INDICATED BY TMC GRADE OF PARKING LOT TO MAINTAIN THE DESIRED 12' MINIMUM ABOVE THE FINISH GRADE OF THE TRUCK TRAILER PARKING & STORAGE “THIS PLANNED UNIT DEVELOPMENT (PUD) MASTER PLAN HAS BEEN REVIEWED AND APPROVED IN ACCORDANCE WITH
 18.190.070 SHALL ONLY BE APPROVED BY MAJOR AMENDMENT TO THE PLANNED UNIT DEVELOPMENT MASTER PLAN. THE ADDITION OFAREA. THE PROVISIONS OF CHAPTER 18.190 OF THE COMPREHENSIVE ZONING REGULATIONS OF THE CITY OF TOPEKA,
 ANY PRINCIPAL OR ACCESSORY BUILDINGS TO AREA 2 WILL REQUIRE APPROVAL OF AN AMENDMENT TO THE PUD MASTER PLAN IN 5. EXISTING MATURE (6 INCH DBH OR GREATER) TREES ALONG WEST AND NORTH PROPERTY LINE SHALL BE PRESERVED AND MAINTAINED. SHAWNEE COUNTY, KANSAS, AND MAY BE AMENDED ONLY AS PRESCRIBED IN TMC 18.190.070 AND AS SET FORTH ON
 ACCORDANCE WITH 18.190.070. FUTURE SITE DEVELOPMENT PLAN MUST INCLUDE A LANDSCAPE PLAN IDENTIFYING TREES TO BE PRESERVED. THIS DOCUMENT OR AS MAY SUBSEQUENTLY BE APPROVED AND RECORDED.”
 7. STORMWATER MANAGEMENT EASEMENTS ARE(SME)
 HEREBY ESTABLISHED AS SHOWN OR DESCRIBED TO PROVIDE FOR THE 6. ALL LANDSCAPE SETBACKS REQUIRED BY THIS MASTER PLAN SHALL BE MAINTAINED AS A PERVIOUS SURFACE AND BE DEVOID OF PARKING
 MANAGEMENT OF STORM WATER INCLUDING, BUT NOT LIMITED TO, DETENTION, RETENTION, STORAGE AND TREATMENT OF STORM AND STORAGE AREAS, HARD SURFACES, AND STRUCTURES.
 WATER. PROPERTY OWNERS AND THEIR ASSIGNS AND SUCCESSORS (PROPERTY OWNERS) AGREE TO INSTALL, CONSTRUCT, RECONSTRUCT,
 REPLACE, ENLARGE, REPAIR, OPERATE AND PROVIDE PERPETUAL MAINTENANCE OF PIPE, FLUME, DITCH, SWALE, VEGETATIVE AREAS OR
 MECHANICAL DEVICES FOR STORM WATER CONVEYANCE AND/OR TREATMENT, OR ANY IMPROVEMENTS IN THE SME FOR THE DRAINAGE BUILDING NOTES
 AND/OR TREATMENT OF SAID STORM WATER. NO CHANGE TO THE GRADE, TOPOGRAPHY OR STORM WATER MANAGEMENT STRUCTURES 1. ALL BUILDINGS/STRUCTURES SHALL BE CONSISTENT WITH I-1 ZONING REQUIREMENTS AND RESTRICTIONS.
 AND IMPROVEMENTS IN THE SME SHALL BE MADE WITHOUT THE PRIOR WRITTEN APPROVAL OF THE APPLICABLE PUBLIC WORKS DIRECTOR  2. THE OUTSIDE STORAGE OF VEHICLES (OTHER THAN TRUCKS UNLOADING/LOADING), EQUIPMENT AND MACHINERY SHALL NOT BE
 OR DESIGNEE. PERMITTED. ALL DOCKS AND/OR LOADING AREAS SHALL BE ERECTED TO THE SIDE AND REAR YARDS AND NOT FRONT ON TO ANY PUBLIC
 8. SETBACKS FOR TRUCK/TRAILER PARKING AREA: WITH A MINIMUM OF 60 FEET ALONG THE WEST PROPERTY LINE AND 200 FEET ALONG STREETTHE RIGHTS OF WAY. THERE SHALL BE NO LOADING/UNLOADING OF TRUCKS FROM THE SOUTH SIDE OF THE BUILDING. OVERNIGHT
 NORTH PROPERTY LINE. PARKING OF SEMI-TRUCK TRAILERS IS NOT PERMITTED WITHIN AREA 1 ALONG THE SE CROCO OR SE 6th STREET STREET FACING FRONTAGES.
 9. A DECIBEL LEVEL OF 60 OR LESS SHALL BE MAINTAINED ALONG WEST AND NORTH PROPERTY LINES ADJACENT TO THE TRUCK TRAILER ALL OVERNIGHT PARKING AND PARKING OF SEMI-TRUCKS NOT DIRECTLY UNLOADING AND LOADING SHALL BE CONTAINED WITHIN AREA 2
 PARKING AREA. CITY STAFF SHALL BE ALLOWED ONTO THE SITE TO CONDUCT PERIODIC NOISE MEASUREMENTS AS NEEDED OR PROVIDEON AN APPROVED HARD SURFACE.
 MEASUREMENTS FROM A THIRD PARTY. 3. A MINIMUM OF 50% OF THE MAIN ENTRY OF THE FRONT FACADE (EAST FACING) SHALL BE COMPRISED OF WINDOWS, DOOR OPENINGS.
 10.USE AND DEVELOPMENT OF THE SITE IN ACCORDANCE WITH THE PLANNED UNIT DEVELOPMENT MASTER PLAN FOR RESER'S FINE THE MAIN ENTRY OF THE FRONT FACADE SHALL BE TREATED WITH ARCHITECTURAL FINISHES AND BE OF HIGH QUALITY DESIGN. THE 6TH ST.
 FOODS-AMENDMENT #2 AS RECORDED AND AMENDED WITH THE OFFICE OF THE SHAWNEE COUNTY REGISTER OF DEEDS, SUBMITTAL AND FACADE (SOUTH FACING) SHALL CONTAIN A FORM OF ARCHITECTURAL VARIATIONS WITH RESPECT TO MATERIALS, TEXTURE, RELIEF, COLOR,
 ADMINISTRATIVE APPROVAL OF A SITE PLAN REVIEW APPLICATION THAT DEMONSTRATES SATISFACTORY COMPLIANCE WITH ALL ETC. MECHANICAL, HEATING, AIR CONDITIONING/COOLING, AND ROOF MOUNTED EQUIPMENT SHALL BE SCREENED OR NOT VISIBLE FROM
 CONDITIONS AND REQUIREMENTS ESTABLISHED BY THE PUD MASTER PLAN, THE CONSTRUCTION AND CONTINUED IMPLEMENTATION OF PUBLIC RIGHTS OF WAY AND LOCATED TO THE SIDE OR REAR YARDS.
 ALL CONDITIONS OF APPROVAL THAT HAVE BEEN ESTABLISHED BY THE PUD MASTER PLAN. 4. BUILDING ELEVATIONS TO BE APPROVED AT THE TIME OF SITE DEVELOPMENT PLAN REVIEW AND SHALL BE SUBSTANTIALLY COMPLIANT
 11.SEMI TRUCKS AND TRAILERS NORTH OF THE PRIMARY BUILDING AND WAITING TO LOAD OR UNLOAD MATERIALS OR PRODUCTS SHALL PARK WITH THOSE SUBMITTED AS AN EXHIBIT TO THE PUD MASTER PLAN.
 NO CLOSER THAN 200 FEET FROM THE EAST PROPERTY LINE ALONG CROCO ROAD. 5. MAINTAIN ACCEPTABLE MINIMUM AIR QUALITY STANDARDS AS REGULATED BY KDHE.
 12.THE NOISE LEVEL FROM BUILDINGS AND EQUIPMENT, AND TRUCKS RESULTING FROM RESERS ACTIVITY SHALL BE MAINTAINED TO 606. THERE SHALL BE NO DISCERNABLE ODORS EMITTING FROM THE WASTE WATER PRE-TREATMENT PROCESS BEYOND ANY PROPERTY LINES.
 DECIBELS OR LESS WITHIN FIVE FEET OF THE PROPERTY LINE. 7. THE LOCATION OF TRASH AND RECYCLING RECEPTACLES SHALL BE DETERMINED AT THE SITE DEVELOPMENT STAGE TO ENSURE TRASH
 AREAS ARE NOT OVERLY CONCENTRATED, ARE EFFECTIVELY SCREENED FROM PUBLIC AREAS, AND PROVIDE ADEQUATE CIRCULATION PROPERTY OWNER'S: DATE:
 WITHIN THE OVERALL DEVELOPMENT. ALL SAID RECEPTACLES SHALL HAVE ENCLOSURES THAT SCREEN THE RECEPTACLES FROM VIEW AND RESER'S FINE FOODS INC. JUNE ST
 1, 2024
 ARE CONSTRUCTED WITH MATERIALS COMPATIBLE WITH THE FRONT FACADE OF THE PRINCIPAL BUILDING. OWNER ADDRESS: PROPERTY ADDRESS
 ENGINEERS P.O. BOX 8 3728 SE 6TH STREET
cfse.com 2930 SW Woodside Dr, Topeka, KS 66614 BEAVERTON, OR 97075 TOPEKA, KS 66607
 o: 785-272-4706 f: 785-272-4736
 PUD 16/05B
 STAFF REPORT – PLANNED UNIT DEVELOPMENT
 TOPEKA PLANNING DEPARTMENT
 PLANNING COMMISSION DATE: Monday, May 20, 2024


PUD16/5B – Reser’s Fine Foods Planned Unit Development

The Planning Commission conducted a public hearing for PUD16/5B on April 15, 2024 and closed the public hearing after
hearing testimony from four neighborhood residents. After much discussion, the Planning Commission voted 9-0-0 to
continue the item to the May 20th Planning Commission meeting, asking the proposed planned unit development (PUD)
master plan be revised to 1) include an explicit requirement that landscaped setbacks be maintained as a pervious surface
devoid of parking and storage areas, hard surfaces, or structures; and 2) require the addition of any buildings be approved
only by an amendment to the PUD master plan. The applicant has not objected to these two revisions. The master plan
attached to this report (received 5-8-2024) includes the revisions in the recommended conditions of approval at the April
15th meeting.

The Commission also directed the applicant and staff to provide information at the May 20th meeting regarding several
issues listed below. Staff recommends approval subject to conditions.

Noise Study to be Conducted by the Applicant after the April 15th Meeting

 The applicant has provided the attached report on their Environmental Noise Level Survey conducted by Mobile
 Health Diagnostics on April 17, 2024. Using a sound meter on a tripod at the northeast corner of the site, sound
 measurements were taken in 15 minute increments from 5am to 8am and again at 8am to 1pm. The measurements
 were taken near the north entrance from SE Croco Road across Croco Road from those properties whose owners
 expressed complaints about noise. The survey concludes that “the existing production facility does not significantly
 increase the sound level at the northeast corner of the property.”

 The survey report is a technical document requiring explanation. The applicant will provide more information prior to
 or at the May 20 Planning Commission meeting.

The Volume of Trucks Entering and Leaving the Site, and Truck Circulation on Site

 Staff obtained additional traffic information from the applicant since the April 15th meeting. Ten to 15 trucks exit the
 site using the northernmost driveway on Croco Road. The applicant has not stated specifically how many trucks enter
 using that driveway. The volume of trucks using the north driveway will be unchanged as a result of the new truck-
 trailer storage lot.

 Reser’s has learned very recently that truck drivers have been traveling north on SE Croco Road to access the
 highway / interstate system off of Seward Avenue. Reser’s intends to correct this “by working with (their) carrier
 partners and adding signage to the exit onto Croco to direct any truck traffic south on Croco to access the highway
 interstate system from SE 6th Avenue.”

 The new truck-trailer storage lot will have a guard shack to check trucks in and out of the facility, which will direct the
 large majority of truck traffic to enter and exit on 6th Avenue. Upon completion of the truck-trailer storage facility, 90 to
 95 percent of all truck traffic will enter and exit the Reser’s site on 6th Avenue.

Possible Increase in the Height of the Berm Along the West Property Boundary

 Since the April 15th meeting, the applicant has indicated they will increase the height of the berm substantially. The
 details of the berm design will be presented at the May 20th meeting. In the Planning Commission votes to approve,
 the master plan presented at the meeting may need to be revised to include a change in the required berm height.
Environmental Impact of Moving the Stream and Stream Buffer

 The relocation of the stream buffer shown on the PUD master plan will require approval from City of Topeka Utilities
 Department. Utilities staff will thoroughly analyze the relocation as part of the owner’s Stormwater Management
 Plan submitted with the subdivision plat.

 The relocated stream buffer must be found to comply with Chapter 17.10 of the Topeka Municipal Code. The review
 and approval will ensure the relocated stream buffer protects the stream channel itself, as well as the stream bank by
 providing a setback from the center of the waterway. Additionally, the relocated stream buffer will be reviewed for
 how it achieves floodway protection, stream bank stabilization, erosion control, removal of sediments from the stream,
 stormwater infiltration, prevention of pollutants entering waterways, creation of riparian habitat, and protection from
 flooding. Once established, activities within the stream buffer such as grading and vegetation clearance are highly
 restricted.

Heat Island Effect of the Proposed Truck and Trailer Storage Lot

 An urban heat island (UHI) is characterized by the development of noticeably higher temperatures in urbanized areas
 (cities) compared with the unurbanized countryside surrounding them. It is generally understood that increases in
 hard, heat absorbing surfaces, the density of those surfaces, and the reduction in natural vegetation are the main
 contributors to the UHI effect. The daytime temperature of normal asphalt is significantly hotter than the daytime
 temperature over a vegetated surface, other conditions being equal. Lighter-colored, heat-reflecting materials have
 some mitigating effect on the UHI compared to darker, less reflective surfaces.1 The UHI is the result of the
 accumulation of hard surfaces, and UHI is not typically used to describe a single parking lot or building. It is not clear
 as to how much asphalt, concrete, or other hard surfaces are necessary to contribute significantly to a UHI.

 There are no Topeka planning policies or development regulations with the expressed purpose of reducing or
 mitigating the UHI effect. Topeka regulations regarding building coverage per lot, building setbacks, and landscaping
 likely help to prevent a worsening UHI. For example, the landscape requirements in chapter 18.235 of the zoning
 code require one landscape island for every 24 spaces in a parking lot. These landscape islands may contain large
 trees that shade the parking lot and lessen the potential heat on the parking lot, but it is not clear if landscape islands
 in a single parking lot affect air temperature on adjacent properties.

 Landscape islands with trees and use of light-colored concrete (instead of dark asphalt) are potential UHI mitigation
 measures. Staff do not recommend these measures be required because they are not likely to have any discernible
 positive effect on surrounding properties. Furthermore, the proposed truck and trailer storage lot comprises about 13
 acres of the 42 acres (less than half) of Area 2 of the master plan, much less than what is permitted under typical
 industrial sites, the storage lot is not open to the public, and the master plan requires preservation of many of the
 mature trees along the west side of the storage lot.

Improvements to the Northeast Corner of the Existing Site

 At the May 20th meeting Planning staff recommended this condition requiring additional landscaping along Croco
 Road to address the concerns of neighbors about the visibility of trucks: The owner shall add landscaping to the
 existing berm along the east property line south of the northernmost driveway entrance. The additional landscaping is
 intended to provide a visual screen extending to a height of 6 feet measured from the current finished grade at the
 property line.

 The applicant indicated their willingness to satisfy this condition. It is recommended the additional landscaping be
 installed before the end of the 2024 growing season (i.e. September 30, 2024).




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 PUD #16/5B – Reser’s Fine Foods
 Staff Report – Major Amendment Planned Unit Development – Revision #2
APPLICATION CASE NO PUD16/5B – Reser’s Fine Foods Planned Unit Development

REQUESTED ACTION / CURRENT AMENDMENT to the Master Planned Unit Development (PUD)
ZONING: Master Plan (I-1 uses) to include the property to the west at 3620 SE
 6th Avenue/Street in the Reser’s Fine Food Master Planned Unit
 Development Plan, which will enable the construction of storage lot
 for the parking of approximately 405 semi-truck trailers.

APPLICANT / PROPERTY OWNER: Reser’s Fine Foods

APPLICANT REPRESENTATIVE: Kevin Holland, Cook, Flatt, and Strobel Engineers

PROPERTY ADDRESS & PARCEL ID: Generally lying at the northwest intersection of SE 6th Street and SE
 Croco Road, addressed as 3620 SE 6th Avenue and 3728 SE 6th
 Avenue

 Parcels being added to the PUD master plan:
 3600 SE 6th Avenue / 1083404001031020
 3620 SE 6th / 1083404001031000

PARCEL SIZE: 84.7 acres (all parcels)

STAFF PLANNER(S): Michael Hall, AICP, Land Use Planning Manager

RECOMMENDATION: APPROVAL subject to conditions in the staff report

RECOMMENDED MOTION: I move to recommend APPROVAL to the Governing Body of the
 proposed amended PUD Master Plan subject to the conditions
 recommended by staff.




 Site of Semi-Truck Trailer Parking Area as seen from SE 6th Ave.




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 PUD #16/5B – Reser’s Fine Foods
 Staff Report – Major Amendment Planned Unit Development – Revision #2
 Existing Reser’s Plant, View from SE 6th and Croco Rd.




 Existing Reser’s Plant, Northernmost Driveway on Croco Rd.




PROJECT AND SITE INFORMATION
PROPOSED USE / SUMMARY: The PUD allows the construction of a 560,000 sf truck trailer
 storage lot for approximately 405 semi-truck trailers associated
 with Reser’s at the NW corner of SE 6th and Croco Road and other
 Reser’s operations at SE 6th and Deer Creek Parkway and SE 10th
 and Deer Creek Parkway.

 Truck and Trailer Storage: The proposed parking facility is
 intended primarily for the parking of semi-trailers. Its primary use
 for the parking and staging of trailers. Parking and staging of
 tractors (trucks) and trailers combined is secondary. The staging
 of trucks and trailers in combination will, for the most part, be for
 not more than two hours and will occur mainly at the south end of
 the lot near the guard shack. Most trailers stored without trucks
 will be refrigerated and contain raw materials waiting for unloading
 and processing or will contain finished goods waiting to be picked
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 PUD #16/5B – Reser’s Fine Foods
 Staff Report – Major Amendment Planned Unit Development – Revision #2
 up. Refrigerated trailers will generate noise. The owner expects
 up to one half of the potential 250 parked trailers will have their
 refrigeration units running. That number could increase at times
 of high peak demand which may occur during Summer.

DEVELOPMENT / CASE HISTORY: The location of the existing plant was annexed, platted and
 rezoned to accommodate a Reser’s manufacturing and processing
 facility in 2017 from “RR-1” to “PUD” (I-1 zoning).

PUD MASTER PLAN ELEMENTS
(PROPOSED): The PUD Master Plan is a regulating plan and not intended as
 a site plan or landscape plan. The owner/applicant will be
 required to submit a Site Development Plan (Site Plan Review
 application) for review prior to application for building
 permits. The Site Development Plan will be reviewed for
 compliance with the conditions and requirements on the PUD
 Master Plan.

 DEVELOPMENT PHASING The applicant proposes a two – phased development of the site for
 SCHEDULE: parking, along with any associated storm water detention to detain
 and treat water runoff. Phase 1 of the semi-truck trailer lot
 includes 255 spaces for trailers and Phase 2 includes and
 additional 150 spaces. The Stormwater Management Plan will be
 approved by the City of Topeka Department of Utilities at the time
 of subdivision plat.
 PARKING, CIRCULATION &
 TRAFFIC: Semi-trucks will enter the parking lot on Area 2 directly from 6th
 Avenue and across the stream channel from the plant on the east
 and directly from SE 6th Avenue.

 SETBACKS, AND DESIGN: For the semi-truck trailer parking lot (as shown on the master plan):

 North – Approximately 500 ft. setback
 South– 100’ parking setback
 East – Not applicable / separated from east line by existing plant
 West – 100 ft. and minimum 60ft. required setback

 LANDSCAPING: A Landscape Plan subject to TMC 18.235 including parking lot
 front yard setback and residential buffer yards will be required at
 the time of Site Plan Review Application. The PUD Master Plan
 gives the Planning Department the discretion to approve the
 required setbacks and landscaping greater than what is typically
 required by code.

 SIGNAGE: “I-1” Light Industrial District use group unless otherwise stated

 PROJECT DATA: Use: “I-1” use group for “Manufacturing and Processing, Types I
 and II only.

 VARIANCES REQUESTED: A variance to the stream buffer requirements (chapter 17.10 of
 municipal code) from the City of Topeka Department of Utilities to
 relocate the west stream has not been approved yet. The variance
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 PUD #16/5B – Reser’s Fine Foods
 Staff Report – Major Amendment Planned Unit Development – Revision #2
 is required to allow the current location of the parking lot. If the
 variance is not approved, the parking lot may need to be re-located
 further west and north, moving it closer to the residential lots along
 Rice Road.



COMPLIANCE WITH DEVELOPMENT STANDARDS AND GUIDELINES
The Master PUD Plan establishes development standards and guidelines, as indicated above.



 OTHER FACTORS

 SUBDIVISION PLAT: The site is not platted as a subdivision. An approved subdivision
 plat including all un-platted property is required prior to issuance of
 any permits.

 TRANSPORTATION/MTPO: SE 6th Street is classified as a minor arterial and is a full five lane
 arterial street extending east to the K-4 Highway/6th Street
 interchange. SE Croco Road is classified as a minor arterial and is
 two lanes north and three lanes south of SE 6th Street. A sidewalk
 along SE 6th between the subject site and Rice Rd, bus stop on Croco
 and improvements to SE Croco were made by Reser’s at the time of
 site development. There is an existing sidewalk along SE 6th where
 the proposed truck & trailer parking area fronts on 6th.

 The CUP application includes a Level 2 – Traffic Impact Study
 performed by the applicant. The traffic study with review comments
 by the Topeka engineering staff are attached. Per the traffic study,
 SE 6th and other affected streets have the capacity to accommodate
 the proposed development without need for substantial
 improvements to the existing streets.

 UTILITIES: If required, utilities will be extended at the expense of the developer..

 The existing Reser’s plant includes wastewater and water utilities.
 The proposed truck trailer storage facility will not generate
 wastewater. Use of additional water will be minimal and perhaps may
 include irrigation for landscaping.


 FLOOD HAZARDS, STREAM The property is affected by a Type II stream buffer transecting the
 BUFFERS: property southwest to northeast. The conceptual location of the
 storage lot will require approval of the stream channel relocation by
 the Department of Utilities. Otherwise, the storage lot will be shifted
 north and west of the currently depicted location on the master plan.

 HISTORIC PROPERTIES: There are no “listed” historic properties in the neighborhood.


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 PUD #16/5B – Reser’s Fine Foods
 Staff Report – Major Amendment Planned Unit Development – Revision #2
NEIGHBORHOOD MEETING: The applicant held a Neighborhood Information Meeting on
 Thursday, March 14, 2024. The major issues expressed at the
 meeting were primarily related to: Landscape buffering and fencing
 for screening, noise and light pollution from trucks, and existing
 truck circulation at the plant. The applicant’s latest revision to the
 PUD Master Plan (received April 2, 2024) and the conditions
 recommended by staff are intended to address these issues. The
 applicant’s report to the City is attached and outlines some
 substantial concerns of the neighborhood with both the proposed
 and existing development.


REVIEW COMMENTS BY CITY DEPARTMENTS AND EXTERNAL AGENCIES

ENGINEERING/STORMWATER: Detention and stormwater treatment for water quality are required to address any
 increase in runoff from the new impervious surface contained within Area 2 attributed
 to two100 year storms. The existing Stormwater Report and Management Plan
 (February 28, 2017) and detention pond only addressed water quantity and quality
 requirements for Area 1. A separate detention and treatment facility is required for
 Area 2, as well as, approval of the relocation of the stream channel by the
 Department of Utilities.

ENGINEERING/TRAFFIC: A Level 2- Traffic Impact Study was completed by the consultant as required by the
 City Traffic Engineers assessing new trips generated compared to existing trips, on-
 site circulation, and location of new proposed driveway openings along SE 6th
 Avenue. The traffic study with review comments by the Topeka engineering staff are
 attached. Per the traffic study, SE 6th and other affected streets have the capacity to
 accommodate the proposed development without need for substantial improvements
 to the existing streets.

FIRE: The Fire Department has indicated they do not foresee issues with the proposed PUD
 amendment and will review and approve future plans prior to construction for access
 and fire suppression requirements.

DEVELOPMENT SERVICES: Parking Lot Permits and Site Construction Activity Permits are required with each
 phase of development prior to any land clearing, disturbance or grading on the site

KEY DATES
SUBMITTAL: February 16, 2024

NEIGHBORHOOD INFORMATION March 14, 2024
MEETING:

LEGAL NOTICE PUBLICATION: March 20, 2024

PROPERTY OWNER NOTICE March 22, 2024
MAILED:



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 PUD #16/5B – Reser’s Fine Foods
 Staff Report – Major Amendment Planned Unit Development – Revision #2
STAFF ANALYSIS
CHARACTER OF THE NEIGHBORHOOD:
The character of the surrounding neighborhood is varied. The lands immediately west and south of the property fronting
on SE Rice Road and SE 2nd Street consist of residential properties, mostly on narrow lots, of approximately 1 to 8 acres
in size (average lot size 2.8 acres). The primary commercial properties on the south side of SE 6th Avenue and south
of the site include Casey’s Convenience Store and a cabinet manufacturing establishment. A City of Topeka fire station
and the grounds of the women’s state penitentiary are at the southwest corner of SE 6th and Rice Road about 900 feet
west of the subject property. There is a convenience and liquor store at the NE corner of SE 6 th and Croco Road
approximately ½ mile to the east of the subject site.

The proposed PUD master plan, with conditions recommended by Planning staff, will not substantially alter the physical
character of the neighborhood. The master plan includes a requirement that many of the mature trees on the site be
preserved.

The applicant will take primary access to the site across a stream channel from SE 6th and their immediate property to the
east. A new gated access off of SE 6th Avenue will be provided with guard house on the SE 6th Avenue frontage.

The native vegetated area transecting the south and east property boundaries will provide a setback of 100 feet or more
and a natural buffer from SE 6th Avenue. The applicant has proposed relocating the channel. However, relocation of the
channel requires the approval by the State Division of Water Resources and City of Topeka Department of Utilities and
the site design is contingent upon this relocation of the channel. Staff has recommended minimum setbacks to the west
property line in the event the parking lot has to shift north and west to circumvent the channel.

ZONING OF PROPERTIES NEARBY:
The zoning of surrounding properties is “RR-1” Rural Residential Dwelling District to the west, “C-4” Commercial District
to the south and “I-1” Light Industrial District to the immediate south (Casey’s Convenience Store and Mobile Home
Park), and “R-1” Single Family Dwelling District to the southwest (Women’s State Prison). The existing Reser’s
processing plant (PUD / I-1) is located to the immediate east, separated by the stream channel, which provides a native
vegetated buffer strip. For now and the immediate future properties along the west and north boundaries of the site will
remain outside city limits and thus subject to Shawnee County zoning regulations.

LENGTH OF TIME THE PROPERTY HAS REMAINED VACANT AS ZONED OR USED FOR ITS CURRENT USE
UNDER THE PRESENT CLASSIFICATION:
The properties being added into the PUD Master Plan to allow trailer parking has been a rural single family residential
site since at least 1959 and intended for agricultural uses in the County. Until recently there was a single family residence
on the property. That residence has been removed. The surrounding properties west of Rice and south of 6th were
annexed in 1969 and 1986, respectively, and have remained predominantly for a mix of uses and rural residential lots.

SUITABILITY OF USES TO WHICH THE PROPERTY HAS BEEN RESTRICTED:
The property (Area 2 on the master plan; west of the existing Reser’s plant) appears to be suitable for uses under its
current RR-1 zoning. There may be other uses other than the current zoning to which the site is also well-suited. The
property may be suitable for single family or medium density residential development as the Reser’s plant (a light industrial
use) to the east is separated from the site by a stream buffer, which provides for a natural and native transition and barrier
to encroachment of incompatible development.

Area 2 on the master plan is also suitable for light industrial land use. The original PUD master plan was approved in
2017 and established the area for industrial development. Furthermore, the site is easily accessible to and from the major
highways of K-4, I-70 and the Kansas Turnpike. All infrastructure investments that have been made contribute to making

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 PUD #16/5B – Reser’s Fine Foods
 Staff Report – Major Amendment Planned Unit Development – Revision #2
the property desirable for industrial uses. These factors remain unchanged with the current rezoning and annexation
proposal.

CONFORMANCE TO THE COMPREHENSIVE PLAN:
If the annexation is approved, the subject property will lie within Tier 1 of the Urban Growth Area. The Land Use and
Growth Management Plan-2040 (LUGMP) indicates these areas are the first priority for future growth/urban development
if the full suite of urban infrastructure is readily available to the property or can be extended by the developer at a
reasonable cost. Therefore, approval of the annexation is required concurrently with approval of the PUD rezoning.

The proposed amended PUD master plan is consistent with The Land Use and Growth Management Plan (LUGMP) The
Comprehensive Plan Amendment case approved in 2017 amended the LUGMP and designated the area along SE 6th
Avenue/from Deer Creek Parkway to SE Croco Road “6th Avenue/Street Mixed Use Employment Corridor”. This
”Employment Corridor” was created because of the significant infrastructure investments made in transportation and
utilities. The category “permits employment related land uses if developed as a Planned Unit Development (PUD) with
high standards to mitigate the impacts upon residential. The standards should include landscaping, site design,
operational and building design considerations that meet the goal of a ‘clean’ land use compatible to surrounding properties
while promoting an appealing mixed-use corridor…”

As recommended, the PUD Master Plan is expected to exhibit a high standard of design to ensure a compatible
development with adjacent residential land uses along the north and west property boundaries.

THE EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTAL AFFECT NEARBY PROPERTIES:
The change in zoning to accommodate parking of truck trailers has the potential to detrimentally affect nearby residential
properties because of changes in the physical character of the site and noise for the staging of idling trucks and
refrigerated trailers. To a lesser extent there is potential for odor, pollution, lighting, stormwater, and traffic.

Requirements of the master plan will help to mitigate negative effects associated with noise, odor, lighting and other
negative external effects associated with unloading/loading and storage of semi-trucks on the site where it is adjacent to
residential use or zoning. The primary negative effect of the land use is anticipated to be from the noise generated by
refrigerated semi trailers waiting to load or unload. Information from various sources on the internet indicate the noise
level of refrigerated trailers to be 74 decibels, measured at the specific location of the refrigerated trailer, and is
comparable to the level of noise generated by a home vacuum cleaner (75 decibels) but much less than a snow blower
(85 decibels) or lawn mower (90 decibels). The PUD Master Plan requires a combination of berms, fencing, and
setbacks to reduce noise. The PUD Master Plan includes a requirement that the noise level be no more than 60
decibels measured along the west and north property lines. The noise level of normal conversation is 60 decibels
according to various sources. A landscape plan that demonstrates compliance with these requirements will be required
at the time of site plan review.

THE RELATIVE GAIN TO THE PUBLIC HEALTH, SAFETY, AND WELFARE BY THE DESTRUCTION OF THE VALUE
OF THE OWNER’S PROPERTY AS COMPARED TO THE HARDSHIP IMPOSED UPON THE INDIVIDUAL
LANDOWNER:
The proposed PUD master plan strikes an appropriate balance among the interests of adjacent property owners, the
general public, and the owner of the subject property. Potential negative effects of the development are mitigated by
setbacks, landscaping, fencing, landscaping and other requirements. The proposed PUD zoning provides for a light
industrial use but with development standards far exceeding what is required under I-1 light industrial zoning required for
truck and truck trailer parking. The proposed rezoning allows a large manufacturer and employer to maintain operations
and flourish, which benefits the general public Restricting the property to its current zoning prevents the owner from using
the site for truck trailer parking needed to support business operations. It is far from clear that restricting the property to
its current zoning or another low or medium density residential zoning will lead to residential development.



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 PUD #16/5B – Reser’s Fine Foods
 Staff Report – Major Amendment Planned Unit Development – Revision #2
 AVAILABILITY OF PUBLIC SERVICES:
 All essential public utilities, services and facilities are available to the area and will be extended at the expense of the
 developer, if required. The applicant prepared a traffic impact study indicating the current adjacent street system to
 have capacity to support the proposed land use without substantial improvements to transportation infrastructure.

 COMPLIANCE WITH ZONING AND SUBDIVISION REGULATIONS:
 The PUD Master Plan establishes development standards and guidelines as indicated or as conditioned in the staff report.
 A subdivision plat for Reser’s Croco Subdivision #3 to include Area 2 of the master plan is required. Approval of a
 Stormwater Management Plan will be required as a part of the subdivision plat approval process.




STAFF RECOMMENDATION
Based upon the above findings and analysis the Planning Department recommends APPROVAL of the proposed PUD
amendment, subject to the following conditions being depicted on the PUD Master Plan.

 1. Add note under General Notes: “Use and development of the site in accordance with the Planned Unit
 Development Master Plan for Reser’s Fine Foods-Amendment #2 as recorded and amended with the Office of
 the Shawnee County Register of Deeds, submittal and administrative approval of a Site Plan Review
 Application that demonstrates satisfactory compliance with all conditions and requirements established by the
 PUD Master Plan, the construction and continued implementation of all conditions of approval that have been
 established by the PUD Master Plan.”

 2. Revise Phasing Schedule for Area 2 to reflect the phasing of the truck trailer parking area as the current note is
 not correct.

 3. Add the following to the end of Note #1: “…unless stated otherwise on the PUD Master Plan.”

 4. Revise note #2 under General Notes to include: “… approved by the Planning Director for each phase…”

 5. Under General Notes, in note #8, replace “60’ along the west and north property line” with A minimum of 60
 feet along the west property line and 200 feet along the north property line”. The minimum 60’ and 200’
 setbacks shall be depicted graphically on the master plan.

 6. Under General Notes, in note #9, add “adjacent to the truck trailer parking area” at the end of the first
 sentence. In the second sentence add “onto the site” after “allowed.”

 7. Under General Notes, add note: Semi trucks and trailers north of the primary building and waiting to load or
 unload materials or products shall park no closer than 200 feet from the east property line along Croco Road.

 8. Under Variance Notes, delete note #1.

 9. Revise note #2 under Variances to state: “Relocation of the western stream channel transecting Area 2 shall
 require approval of a variance to TMC 17.10.080 by the City of Topeka Department of Utilities and approval by
 the Division of Water Resources, if needed. If the variance is not approved, the trailer parking lot may be
 shifted north and west with the exact location determined at the time of Site Plan Review Application provided
 a minimum 60’ setback is still maintained from the edge of the parking lot to the west property line.”

 10. Under Circulation, Parking & Traffic Notes, replace note #1 with 1. The quantity and design of accessible
 parking shall comply with the Americans with Disabilities Act (ADA).
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 PUD #16/5B – Reser’s Fine Foods
 Staff Report – Major Amendment Planned Unit Development – Revision #2
 11. Under Signage Notes, delete note #1.

 12. Under Signage Notes add note: One freestanding sign is permitted at each vehicular entrance from SE Croco
 Road and SE 6th Avenue but shall be limited in size to 40 square feet and in height to 10 feet on Croco Road
 and limited in size to 50 square feet and height to 15 feet on SE 6th Avenue.

 13. The Landscape Notes heading, add “and Fencing” after “Landscape.”

 14. Under Landscaping and Fencing Notes replace note #4 with: To mitigate noise from the truck and trailer
 parking, provide combination of a landscape berm and opaque fence along the south, west, and north property
 boundary adjacent to the truck trailer parking area where the site abuts lands zoned or used for a residential
 land use. The combination of berm and opaque fence shall obtain a minimum height of 8 feet above the
 finished grade of the truck trailer parking and storage area located, and the finished grade of the truck trailer
 parking area shall be at an elevation of no less than 10 feet from the west property boundary.

 15. Under Landscaping and Fencing Notes, in note # 5 add “shall be preserved and maintained” at the end of the
 first sentence.

 16. Under Building Notes, replace note #5 with “The noise level from buildings, equipment, and trucks on site shall
 be maintained to 60 decibels or less within five feet of the property line.”

 17. Add the following under Utility Notes: “Sewer and water shall be provided by the City of Topeka. Connections
 and any required extensions shall be made at the expense of the developer.”

 18. The owner shall add a fence, landscaping, or a combination of both to the berm along the east property line
 south of the northernmost driveway entrance. The combination of berm, fence, and landscaping shall provide
 a visual screen extending to a height of 6 feet measured from the current finished grade at the property line.


ATTACHMENTS:

PUD Master Plan Received 5-8-2024 (added for May 20, 2024 meeting)
Environmental Noise Level Survey (added for May 20, 2024 meeting)
Letter from Neighbor Sandra Campise (not included in April 15th packet but presented at April 15th meeting)
Aerial Map
Zoning Map
Future Land Use Map
Master PUD Plan
Traffic Impact Study with City Engineering Staff Comments
NIM report/attendance




1 Mohajerani, A., Bakaric, J., and Jeffrey-Bailey, T. (March 2017); The Urban Heat Island Effect, its Causes, and Mitigation,

with Reference to the Thermal Properties of Asphalt Concrete, Journal of Environmental Management.




 PAGE 11
 PUD #16/5B – Reser’s Fine Foods
 Staff Report – Major Amendment Planned Unit Development – Revision #2
 BOOK PAGE
 MASTER PLANNED UNIT DEVELOPMENT PLAN DATE TIME
 RESER'S FINE FOODS EAST DEVELOPMENT RECORDED WITH THE SHAWNEE COUNTY REGISTER OF DEEDS
 AMENDMENT NO. 2 REBECCA J. NIOCE, REGISTER OF DEEDS




 LEGEND DESCRIPTION
 AREA 1 LEGAL DESCRIPTION:
 LOT 1, BLOCK A, RESER'S CROCO SUBDIVISION NO. 2, IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 11
 SOUTH, RANGE 16 EAST OF THE 6TH P.M., ALL IN SHAWNEE COUNTY, KANSAS.
 AREA 2 LEGAL DESCRIPTIONS
 INSTRUMENT NO. 2018R16128:
 A TRACT OF LAND IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 11 SOUTH, RANGE 16 EAST OF THE 6TH
 0 200 400 P.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SAID SOUTHEAST QUARTER,
 Feet THENCE EAST 741.96 FEET ALONG THE SOUTH LINE OF SAID QUARTER SECTION; THENCE NORTH 123 FEET
 PARALLEL TO THE WEST LINE OF SAID QUARTER SECTION TO THE TRUE POINT OF BEGINNING: THENCE EAST 90.00
 SCALE: 1" = 200' FEET PARALLEL TO THE SOUTH LINE OF SAID QUARTER SECTION; THENCE ON AN ANGLE TO THE SOUTHEAST TO A
 POINT ON THE SOUTH LINE OF THE QUARTER SECTION, 904.96 FEET EAST OF THE SOUTHWEST CORNER; THENCE
 CONTINUING EAST ALONG SOUTH LINE 65.00 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID
 AREA 2 QUARTER SECTION, 460.00 FEET; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION,
 PHASE III (PROPOSED)
 SEMI TRUCK PARKING 438.00 FEET; THENCE SOUTH PARALLEL WITH THE WEST (SOUTH DESCRIBED) LINE OF SAID QUARTER SECTION,
 PHASE IV (PROPOSED FUTURE) 229.00 FEET; THENCE EAST 210.00 FEET, PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION; THENCE
 SEMI TRUCK PARKING SOUTH 108.00 FEET PARALLEL WITH THE WEST LINE OF SAID QUARTER SECTION TO THE POINT OF BEGINNING, IN
 SHAWNEE COUNTY, KANSAS.
 INSTRUMENT NO. 2018R16057:
 BEGINNING AT A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER (SE ¼) OF SECTION 34, TOWNSHIP 11
 SOUTH, RANGE 16 EAST OF THE 6TH P.M., 957.75 FEET WEST OF THE EAST LINE OF SAID QUARTER SECTION;
 THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID QUARTER SECTION 2047 FEET TO A LIMESTONE SET NEAR
 A BLACK WALNUT TREE, SAID TREE MARKED BY THREE HACKS; THENCE WEST AT RIGHT ANGLES TO THE EAST LINE
 OF SAID QUARTER SECTION 372.45 FEET TO AN OSAGE ORANGE HEDGE; THENCE NORTH ALONG SAID HEDGE AND
 PARALLEL WITH THE EAST LINE OF SAID QUARTER SECTION, 327 FEET TO A POINT 377.75 FEET SOUTH OF THE
 NORTH LINE OF SAID QUARTER SECTION; THENCE WEST ALONG AN OSAGE ORANGE HEDGE PARALLEL WITH THE
 NORTH LINE OF SAID QUARTER SECTION, 778.04 FEET TO A POINT 531.96 FEET EAST OF THE WEST LINE OF SAID
 QUARTER SECTION; THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID QUARTER SECTION, 2374 FEET TO THE
 SECTION LINE; THENCE EAST ALONG SECTION LINE 1150.49 FEET TO THE PLACE OF BEGINNING;
 EXCEPT THE FOLLOWING DESCRIBED TRACT, STARTING AT A POINT ON THE NORTH SIDE OF THE PUBLIC HIGHWAY,
 532 FEET EAST FROM THE WEST LINE OF THE WEST HALF (W ½) OF THE SOUTHEAST QUARTER (SE ¼) OF SECTION
 34, TOWNSHIP 11 SOUTH, RANGE 16; THENCE EAST 210 FEET; THENCE NORTH 265 FEET; THENCE WEST 210 FEET;
 THENCE SOUTH 265 FEET TO THE PLACE OF BEGINNING, IN SHAWNEE COUNTY, KANSAS;
 AND LESS A TRACT OF LAND IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 11 SOUTH, RANGE 16 EAST
 OF THE 6TH P.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SAID SOUTHEAST
 QUARTER, THENCE EAST 741.96 FEET ALONG THE SOUTH LINE OF SAID QUARTER SECTION; THENCE NORTH 123
 FEET PARALLEL TO THE WEST LINE OF SAID QUARTER SECTION TO THE TRUE POINT OF BEGINNING; THENCE EAST
 90.00 FEET PARALLEL TO THE SOUTH LINE OF SAID QUARTER SECTION; THENCE ON AN ANGLE TO THE SOUTHEAST
 AREA 1 TO A POINT ON THE SOUTH LINE OF THE QUARTER SECTION, 904.96 FEET EAST OF THE SOUTHWEST CORNER;
 PHASE I THENCE CONTINUING EAST ALONG SOUTH LINE 65.00 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF
 PHASE II SAID QUARTER SECTION, 460.00 FEET; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION
 SITE 438.00 FEET; THENCE SOUTH PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION, 229.00 FEET; THENCE
 EAST 210.00 FEET, PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION; THENCE SOUTH 108.00 FEET
 PARALLEL WITH THE WEST LINE OF SAID QUARTER SECTION TO THE POINT OF BEGINNING.




 SE CROCO RD.



 SE 6TH STREET
 VICINITY MAP
 No Scale


 STREAM BUFFER NOTES TYPICAL TYPE II
 1. RESTRICTION: - THERE SHALL BE NO CLEARING, GRADING, CONSTRUCTION OR DISTURBANCE OF VEGETATION EXCEPT AS STREAM BUFFER STREAMSIDE AREA - USES ALLOWED
 PERMITTED UNDER SECTION 17.10.060 OF THIS CODE OR AS APPROVED BY THE PUBLIC WORKS DIRECTOR OR HIS OR HER 1.) NATIVE VEGETATION
 DESIGNEE. 2.) FLOOD CONTROL
 25' OUTER AREA 3.) FOOT PATHS/ROAD CROSSINGS
 4.) UTILITY CORRIDORS
 2. STREAM BUFFER EASEMENTS ARE HEREBY ESTABLISHED AS SHOWN TO PROVIDE FOR INFORMAL GREEN SPACE AND THE 25' STREAMSIDE AREA OUTER AREA - USES ALLOWED
 NATURAL UNOBSTRUCTED OVERLAND FLOW OF SURFACE WATER IN EXISTING DRAINAGE WAYS. PROPERTY OWNER(S) SHALL (MINIMUM) 1.) NATIVE VEGETATION OR MANAGED LAWN
 NOT PLACE PERMANENT OR SEMI-PERMANENT OBSTRUCTIONS IN SAID EASEMENT. ALL MAINTENANCE WITHIN THE STREAM 2.) BIKING/HIKING PATHS
 CENTERLINE OF WATERWAY
 BUFFER EASEMENT (SBE) SHALL BE THE RIGHT, DUTY AND RESPONSIBILITY OF THE PROPERTY OWNER(S) OF THE PROPERTY IN 25' STREAMSIDE AREA 3.) FLOOD CONTROL
 (MINIMUM) 4.) DETENTION/RETENTION STRUCTURE
 WHICH THE EASEMENT IS SO LOCATED, HOWEVER, IF MAINTENANCE IS NEGLECTED OR SUBJECT TO OTHER UNUSUAL
 5.) UTILITY CORRIDORS
 CIRCUMSTANCES AND IS DETERMINED TO BE A HAZARD OR THREAT TO PUBLIC SAFETY BY THE DIRECTOR OF THE APPLICABLE 6.) STORMWATER BMP's
 DEPARTMENT OF PUBLIC WORKS, CORRECTIVE MAINTENANCE MAY BE PERFORMED BY THE GOVERNING JURISDICTION WITH 25' OUTER AREA 7.) RESIDENTIAL YARDS/LANDSCAPE AREAS PROPERTY OWNER'S: DATE:
 COSTS ASSESSED TO AND BORNE UPON SAID PROPERTY OWNER(S). OFFICIALS REPRESENTING THE APPLICABLE DEPARTMENT OF RESER'S FINE FOODS INC. MAY 8TH, 2024
 ENGINEERS PUBLIC WORKS SHALL HAVE THE RIGHT TO ENTER UPON THE EASEMENT FOR PURPOSES OF PERIODIC INSPECTION AND/OR OWNER ADDRESS: PROPERTY ADDRESS
 CORRECTIVE MAINTENANCE. P.O. BOX 8 3728 SE 6TH STREET
cfse.com 2930 SW Woodside Dr, Topeka, KS 66614
 o: 785-272-4706 f: 785-272-4736
 TOPEKA, KS 66607
 BEAVERTON, OR 97075 PUD 16 / 05B
 MASTER PLANNED UNIT DEVELOPMENT PLAN BOOK
 DATE
 PAGE
 TIME
 PERFORMANCE OBJECTIVE
 RESER'S FINE FOODS EAST DEVELOPMENT
 AREA 1
 TO CONSTRUCT A FOOD PROCESSING AND PACKAGING FACILITY WITHIN A RESIDENTIAL/AGRICULTURAL SETTING WHILE REASONABLY
 ACCOMMODATING THE OWNERS OF THE FACILITY AND SURROUNDING NEIGHBORHOOD.
 AMENDMENT NO. 2
 AREA 2 VARIANCE NOTES OWNER'S CERTIFICATE
 TO ALLOW FOR THE CONSTRUCTION OF A PARKING LOT FOR SEMI-TRUCK TRAILERS INTENDED SOLELY FOR DIRECT USE BY SEMI-TRUCK 1. RELOCATION OF THE WESTERN STREAM CHANNEL TRANSECTING AREA 2 SHALL REQUIRE APPROVAL OF A VARIANCE TO TMC 17.10.080 RESER'S
 BY FINE FOODS INC. OWNER, AGREES TO COMPLY WITH THE CONDITIONS AND RESTRICTIONS AS SET FORTH ON
 TRAILERS SERVING THE RESER'S PLANT FACILITIES LOCATED IN EAST TOPEKA WITHIN PROXIMITY TO THE SITE. ANY EXPANSION OF BUILDINGS
 THE CITY OF TOPEKA DEPARTMENT OF UTILITIES AND APPROVAL BY THE DIVISION OF WATER RESOURCES, IF NEEDED. IF THE VARIANCE THEISMASTER PUD PLAN.
 WITHIN AREA 2 SHALL REQUIRE A MAJOR PUD AMENDMENT. NOT APPROVED, THE TRAILER PARKING LOT MAY BE SHIFTED NORTH AND WEST WITH THE EXACT LOCATION DETERMINED AT THE TIME OF
 SITE PLAN REVIEW APPLICATION PROVIDED A MINIMUM 75' BUILDING SETBACK IS STILL MAINTAINED FROM THE EDGE OF THE PARKING  IN LOT
 TESTIMONY WHEREOF: THE OWNERS OF THE ABOVE DESCRIBED PROPERTY, RESER'S FINE FOOD INC. HAS SIGNED
 DEVELOPMENT PHASING SCHEDULE TO THE WEST PROPERTY LINE. THESE  PRESENTS THIS DAY OF , 2024.
 AREA 1
 PHASE I (2017-2018) - CONSTRUCT 318,000 SF FACILITY, CONSTRUCT DECELERATION LANE INTO WESTTH ST.,
 ENTRANCE
 WIDENING
 OFFOF
 SE 6 UTILITY NOTES
 SE CROCO RD. TO ACCOMMODATE INDUSTRIAL WIDTH 3 LANE ROADWAY THROUGH THE NORTH PROPERTY BOUNDARY ALONG SE CROCO RD.
 1. LIGHTING SHALL BE FULL CUT OFF, SHIELDED & RECESSED WITH CUT-OFF ANGLES TO PREVENT THE CAST OF LIGHTING BEYOND THE
 AND THEN TAPERING TO EXISTING WIDTH. (NOT SHOWN), CONSTRUCT SIDEWALK (6' BACK OF CURB OR 5' STANDARD) ALONG THE NORTH SIDE & NOT EXCEED 3 FOOT CANDLES AS MEASURED AT THE PROPERTY LINE. EXTERIOR LIGHTING SHALL FOLLOW ACCEPTED PAUL LEAVY, CHIEF FINANCIAL OFFICER
 OF SE 6TH ST TO CONNECT WITH THE SIDEWALK THAT TERMINATES JUST EAST OF RICE RD., CONSTRUCT SIDEWALK (6' BACK OF CURB OR 5'PROPERTY RESER'S FINE FOODS INC.
 NATIONAL GUIDELINES FOR PARKING LOT LIGHTING (I.E. CPTED). THE TYPE, ILLUMINATION, POLE HEIGHT & QUANTITY OF NEW PARKING
 STANDARD) ALONG THE WEST SIDE OF SE CROCO RD. THE LENGTH OF THE PROPERTY'S FRONTAGE. LOT LIGHTING SHALL BE APPROVED BY THE TOPEKA PLANNING DEPARTMENT AT THE TIME OF PERMIT APPROVAL BY DEVELOPMENT
 PHASE II (2022-2028) CONSTRUCT 85,000 SF STORAGE AND DISTRIBUTION BUILDING THAT WILL BE ATTACHED TO THE PHASE I MAIN SERVICES. A FOOT CANDLE ANALYSIS WILL BE APPROVED AT THE SITE DEVELOPMENT PLAN STAGE.
 STRUCTURE. (NORTH OF EXISTING BUILDING WITHIN EXISTING PARCEL) 2. ALL UTILITIES SHALL BE PLACED UNDERGROUND PURSUANT TO THE CITY'S RIGHT-OF-WAY MANAGEMENT STANDARDS. STATE OF KANSAS) ss
 AREA 2 3. SEWER AND WATER SHALL BE PROVIDED BY THE CITY OF TOPEKA. CONNECTIONS AND ANY REQUIRED EXTENSIONS SHALL BE MADE AT COUNTY
 THE OF SHAWNEE) ss
 PHASE III CONSTRUCT PARKING LOT WITH 255 SEMI TRUCK SPACES PROVIDED. EXPENSE OF THE DEVELOPER. BE IT REMEMBERED THAT ON THIS DAY OF 2024, BEFORE ME, A NOTARY PUBLIC IN AND FOR
 PHASE IV CONSTRUCT ADDITIONAL PARKING LOT WITH 150 SEMI TRUCK SPACES PROVIDED. SAID COUNTY AND STATE, CAME PAUL LEAVY, CHIEF FINANCIAL OFFICE, RESER'S FINE FOODS INC., WHO IS PERSONALLY
 KNOWN TO BE THE SAME PERSON WHO EXECUTED THE WITHIN INSTRUMENT OF WRITING, AND SUCH PERSON DULY
 CIRCULATION, PARKING & TRAFFIC NOTES ACKNOWLEDGED THE EXECUTION OF THE SAME.
 PROJECT DATA 1. THE QUANTITY AND DESIGN OF ACCESSIBLE PARKING SHALL COMPLY WITH THE AMERICANS WITH DISABILITIES ACT (ADA).
 AREA 1 2. A 40 FT. SIGHT TRIANGLE, MEASURED FROM THE FACE OF CURB EXTENDED, SHALL BE MAINTAINED AT ALL ENTRANCES; NO OBSTRUCTIONSIN WITNESS WHEREOF, I HEREBY SET MY HAND AND AFFIX MY SEAL ON THE DAY AND YEAR LAST WRITTEN ABOVE.
 ZONING: I-1 USES.FOR WAREHOUSING/DISTRIBUTION AND MANUFACTURING AND PROCESSING, TYPES I AND II ONLY GREATER THAN (30) INCHES ABOVE GRADE OF ANY ADJACENT STREET OR ENTRANCE MAY BE PLACED WITHIN THIS AREA.
 ALL OTHER USES LISTED IN 18. 60 ARE NOT PERMITTED. 3. ACCESS OPENINGS SHALL BE ALLOWED AS DEPICTED ON THE PLAN.
 MAXIMUM DENSITY: N/A PER I-1 STANDARDS NOTARY PUBLIC
 4. ALL NEW DRIVES, STREETS, PARKING AREAS, APPROACHES AND WALKS SHALL BE CONSTRUCTED TO CITY OF TOPEKA STANDARDS. MY COMMISSION EXPIRES:
 MAXIMUM BUILDING COVERAGE RATIO: 85% 5. ALL DRIVES, LANES & PRIVATELY OWNED ACCESS WAYS PROVIDING ACCESSIBILITY TO STRUCTURES, BUILDINGS AND USES WITHIN THE
 MINIMUM LOT AREA: 10,000 SF PLANNED UNIT DEVELOPMENT SHALL BE CONSIDERED AND SERVE AS MUTUAL RIGHTS OF ACCESS TO OWNERS, TENANTS, INVITED GUESTS,
 TOTAL STRUCTURES (PROPOSED): SINGLE STORY BUILDING CLIENTS, EMPLOYEES, CUSTOMERS, SUPPORT AND UTILITY PERSONNEL AND EMERGENCY SERVICE PROVIDERS, INCLUDING LAW
 TOTAL MAXIMUM BUILDING AREA: 317,190 SF ENFORCEMENT, FIRE PROTECTION AND AMBULANCE SERVICES. ALL ACCESS WAYS PROVIDING GENERAL ACCESSIBILITY TO, AND CERTIFICATION OF MASTER PUD PLAN APPROVAL
 281,000 SF PRODUCTION CIRCULATION AMONG, THE USES WITHIN THE PLANNED UNIT DEVELOPMENT SHALL BE MAINTAINED AT ALL TIMES IN GOOD SERVICEABLE
 CONDITION WITH THE MAINTENANCE OF SAID ACCESS WAYS BEING THE RESPONSIBILITY OF THE OWNER. THIS PLANNED UNIT DEVELOPMENT (PUD) MASTER PLAN HAS BEEN REVIEWED AND APPROVED IN ACCORDANCE WITH
 27,850 SF OFFICE/EMPLOYEE SERVICE THE PROVISIONS
 6. IF ANY IMPROVEMENTS TO THE SITE ARE REQUIRED BY THE TRAFFIC ANALYSIS AS APPROVED BY THE CITY TRAFFIC ENGINEER, THEY SHALL BE COUNTY,OF CHAPTER 18.190 OF THE COMPREHENSIVE ZONING REGULATIONS OF THE CIT Y OF TOPEKA,
 640 SF COVER OUTDOOR BREAK AREA SHAWNEE
 COMPLETED BY THE DEVELOPER PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR EACH PHASE OF DEVELOPMENT. AS SET FORTH ON THIS KANSAS AND MAY BE AMENDED ONLY AS PRESCRIBED IN TMC 18.190.070 OF SAID CHAPTER AND
 5,000 SF COVERED TRASH COLLECTION AREA DOCUMENT OR AS MAY SUBSEQUENTLY BE APPROVED AND RECORDED.
 MAJOR  AMENDMENT
 2,700 SF AMMONIA ROOM APPROVAL TO CONSTRUCT A TRAILER PARKING LOT ON THE PORTION DESCRIBED AS AREA 2. USE AND MAINTENANCE
 PARCEL SIZE: 43.03 ACRES±
 SIGNAGE NOTES OF THE PARKING LOT SHALL BE BY RESER'S FINE FOOD INC OR TO ALLOW STORAGE OF TRAILERS SERVING OPERATIONS
 1. SIGNS SHALL BE APPROVED BY SEPARATE SIGN PERMIT APPLICATION. WITHIN THE VICINITY OF SE 6TH AND CROCO.
 PARKING CALCULATIONS: PH I & PH II
 2. TMC 18.10 SHALL GOVERN ALL OTHER SIGNS UNLESS SPECIFICALLY STATED HEREIN. ALL INCIDENTAL SIGNAGE SHALL COMPLY WITH TMC
 508 SPACES PROVIDED (499 STANDARD + 9 HANDICAP) 18.10.130(i) BY ZONING USE GROUP.
 417 REQUIRED (1 SPACE / 600 SQ. FT UP TOSQ.
 25,000
 FT.; 1 SPACE / 1000 SQ. FT. THEREAFTER) 3. ONE FREESTANDING SIGN IS PERMITTED AT EACH VEHICULAR ENTRANCE FROM SE CROCO ROAD AND SE 6TH AVENUE BUT SHALL BE
 24 BIKE SPACES PROVIDED LIMITED IN SIZE TO 40 SQUARE FEET AND IN HEIGHT TO 10 FEET ON SE CROCO ROAD AND LIMITED IN SIZE TO 50 SQUARE FEET AND HEIGHT
 TO 15 FEET ON SE 6TH AVENUE.
 AREA 2 DAN WARNER, PLANNING DIRECTOR DATE
 ZONING: I-1, USES, FOR SEMI-TRUCK TRAILER PARKING LOT. LANDSCAPING AND FENCING NOTES
 PARCEL SIZE: 42.04 ACRES ± 1. ALL LANDSCAPING SHALL BE CONSISTENT WITH I-1 ZONING REQUIREMENTS AND RESTRICTIONS UNLESS PRESCRIBED OTHERWISE STATED IN
 PARKING CALCULATIONS: PH III & PH IV THIS DOCUMENT. SITE SPECIFIC LANDSCAPE PLANS ADDRESSING POINT QUANTITIES, SPECIES, AND LOCATION SHALL BE SUBMITTED AND STATE OF KANSAS) ss
 255 SEMI TRUCK SPACES PROVIDED, PHASE III APPROVED PRIOR TO ISSUANCE OF ANY PERMITS. COUNTY OF SHAWNEE) ss
 150 SEMI TRUCK SPACES PROVIDED , PHASE IV 2. LANDSCAPE PLANS SHALL BE PROVIDED THAT ARE CONSISTENT WITH TMC 18.235 LANDSCAPE REGULATIONS. THE SPECIFIC TYPES, AND BE IT REMEMBERED THAT ON THIS DAY OF 2024, BEFORE ME, A NOTARY PUBLIC IN AND FOR
 QUANTITIES SHALL BE APPROVED BASED ON THE LANDSCAPE PLAN SUBMITTED AT THE SITE PLAN REVIEW APPLICATION STAGE. "AN SAID COUNTY AND STATE, CAME DAN WARNER, PLANNING DIRECTOR, WHO IS PERSONALLY KNOWN TO BE THE SAME
 GENERAL NOTES ATTRACTIVE MIX OF EVERGREEN, SHRUBS, AND DECIDUOUS TREES ALONG THE PROPERTY'S STREET FRONTAGES AND WHERE ADJACENT TO WHO EXECUTED THE WITHIN INSTRUMENT OF WRITING, AND SUCH PERSON DULY ACKNOWLEDGED THE
 PERSON
 SINGLE-FAMILY RESIDENCES ON THE WEST AND NORTH SIDES AT THE TIME OF DEVELOPMENT OF FUTURE PHASES. AN IMPERVIOUS EXECUTION OF THE SAME.
 1. THE BASE ZONING OF I-1 SHALL APPLY UNLESS STATED OTHERWISE ON THE PUD MASTER PLAN. SCREENING BARRIER, BERMS OR COMBINATION LANDSCAPING AND BERMS SHALL BE PROVIDED ALONG THE LENGTH OF THE WEST
 2. NO BUILDING PERMITS SHALL BE ISSUED UNTIL INDIVIDUAL SITE DEVELOPMENT PLANS SUBJECT TO TMC 18. 190. 060(C) HAVE BEEN PROPERTY LINE SUBJECT TO TMC 18.235.060(d).
 REVIEWED AND APPROVED BY THE PLANNING DIRECTOR. THESE SITE PLANS SHALL ADDRESS INDIVIDUAL BUILDING SITE LOCATIONS, 3. THE CARE, MAINTENANCE, AND OWNERSHIP OF COMMON OPEN SPACE, PARKING AREAS, UTILITIES, PRIVATE STREETS, ACCESS WAYS,IN WITNESS WHEREOF, I HEREBY SET MY HAND AND AFFIX MY SEAL ON THE DAY AND YEAR LAST WRITTEN ABOVE.
 OFF-STREET PARKING AND INTERNAL CIRCULATION, FIRE HYDRANTS, LANDSCAPING, PEDESTRIAN CONNECTIVITY, EXTERNAL LIGHTING, STORMWATER MANAGEMENT EASEMENTS, FENCING, AND LANDSCAPING SHALL BE THE RESPONSIBILITY OF THE OWNERS. ALL
 SIGNAGE, BUILDING ELEVATIONS, UTILITIES, STORM WATER, RELATIONSHIP TO ADJACENT LOTS, ETC., APPROVED BY THE PLANNING LANDSCAPING SHALL BE INSTALLED PURSUANT TO PHASING SCHEDULE AND PROPERLY MAINTAINED. IF ANY PORTION OF THE LANDSCAPED
 DIRECTOR FOR EACH PHASE. MATERIAL DIES, IT SHALL BE REPLACED BY THE NEXT PLANTING SEASON. NOTARY PUBLIC
 3. NO BUILDING PERMITS SHALL BE ISSUED UNTIL THE PROPERTY DESCRIBED AS AREA 2 IS PLATTED. 4. TO MITIGATE NOISE FROM THE TRUCK AND TRAILER PARKING, PROVIDE COMBINATION OF A LANDSCAPE BERM AND OPAQUE FENCEMY COMMISSION EXPIRES:
 ALONG
 4. NO BUILDING PERMITS SHALL BE ISSUED UNTIL STORMWATER MANAGEMENT PLANS PURSUANT TO TMC 13.335 ARE APPROVED, THE SOUTH, WEST AND NORTH PROPERTY BOUNDARY ADJACENT TO THE TRUCK TRAILER PARKING AREA WHERE THE SITE ABUTS LANDS
 INCLUDING GRANTING OF ANY NECESSARY STORMWATER MANAGEMENT EASEMENTS. ZONED OR USED FOR A RESIDENTIAL LAND USE. ALONG THE WEST PROPERTY BOUNDARY, THE COMBINATION OF BERM AND OPAQUE
 5. PURSUANT TO TMC 18.190, THE APPLICANT MUST RECORD THE MASTER PUD PLAN WITH THE SHAWNEE COUNTY REGISTER OF DEEDS FENCE SHALL OBTAIN A MINIMUM HEIGHT OF 10 FEET ABOVE THE FINISHED GRADE OF THE TRUCK TRAILER PARKING AND STORAGE AREA.
 WITHIN SIXTY (60) DAYS UPON APPROVAL OF THE GOVERNING BODY. FAILURE BY THE APPLICANT TO RECORD THE PLAN WITHIN THE 5. EXISTING MATURE (6 INCH DBH OR GREATER) TREES ALONG WEST AND NORTH PROPERTY LINE SHALL BE PRESERVED AND MAINTAINED. AMENDMENT NOTE:
 PRESCRIBED TIME PERIOD AND PROVIDE THE PLANNING DEPARTMENT WITH THE REQUIRED NUMBER OF COPIES OF THE RECORDED PLAN FUTURE SITE DEVELOPMENT PLAN MUST INCLUDE A LANDSCAPE PLAN IDENTIFYING TREES TO BE PRESERVED. “THIS PLANNED UNIT DEVELOPMENT (PUD) MASTER PLAN HAS BEEN REVIEWED AND APPROVED IN ACCORDANCE WITH
 WITHIN NINETY (90) DAYS OF THE DATE OF ACTION BY THE GOVERNING BODY SHALL RENDER THE ZONING PETITION NULL AND VOID.6. THE OWNER SHALL ADD LANDSCAPING, TO THE EXISTING BERM ALONG THE EAST PROPERTY LINE SOUTH OF THE NORTHERNMOST THE PROVISIONS OF CHAPTER 18.190 OF THE COMPREHENSIVE ZONING REGULATIONS OF THE CITY OF TOPEKA,
 6. ANY EXPANSION OR INCREASE IN FLOOR AREA EXCEEDING 10% OF THE EXISTING BUILDINGS OR AS OTHERWISE INDICATED BY TMC DRIVEWAY ENTRANCE. THE COMBINATION OF EXISTING BERM, AND ADDITIONAL LANDSCAPING SHALL PROVIDE A VISUAL SCREEN SHAWNEE COUNTY, KANSAS, AND MAY BE AMENDED ONLY AS PRESCRIBED IN TMC 18.190.070 AND AS SET FORTH ON
 THIS DOCUMENT OR AS MAY SUBSEQUENTLY BE APPROVED AND RECORDED.”
 18.190.070 SHALL ONLY BE APPROVED BY MAJOR AMENDMENT TO THE PLANNED UNIT DEVELOPMENT MASTER PLAN. EXTENDING TO A HEIGHT OF 6 FEET MEASURED FROM THE CURRENT FINISHED GRADE AT THE PROPERTY LINE.
 7. STORMWATER MANAGEMENT EASEMENTS ARE(SME)
 HEREBY ESTABLISHED AS SHOWN OR DESCRIBED TO PROVIDE FOR THE
 MANAGEMENT OF STORM WATER INCLUDING, BUT NOT LIMITED TO, DETENTION, RETENTION, STORAGE AND TREATMENT OF STORMBUILDING NOTES
 WATER. PROPERTY OWNERS AND THEIR ASSIGNS AND SUCCESSORS (PROPERTY OWNERS) AGREE TO INSTALL, CONSTRUCT, RECONSTRUCT,
 REPLACE, ENLARGE, REPAIR, OPERATE AND PROVIDE PERPETUAL MAINTENANCE OF PIPE, FLUME, DITCH, SWALE, VEGETATIVE AREAS 1. ORALL BUILDINGS/STRUCTURES SHALL BE CONSISTENT WITH I-1 ZONING REQUIREMENTS AND RESTRICTIONS.
 MECHANICAL DEVICES FOR STORM WATER CONVEYANCE AND/OR TREATMENT, OR ANY IMPROVEMENTS IN THE SME FOR THE DRAINAGE 2. THE OUTSIDE STORAGE OF VEHICLES (OTHER THAN TRUCKS UNLOADING/LOADING), EQUIPMENT AND MACHINERY SHALL NOT BE
 AND/OR TREATMENT OF SAID STORM WATER. NO CHANGE TO THE GRADE, TOPOGRAPHY OR STORM WATER MANAGEMENT STRUCTURES PERMITTED. ALL DOCKS AND/OR LOADING AREAS SHALL BE ERECTED TO THE SIDE AND REAR YARDS AND NOT FRONT ON TO ANY PUBLIC
 AND IMPROVEMENTS IN THE SME SHALL BE MADE WITHOUT THE PRIOR WRITTEN APPROVAL OF THE APPLICABLE PUBLIC WORKS DIRECTOR STREET RIGHTS OF WAY. THERE SHALL BE NO LOADING/UNLOADING OF TRUCKS FROM THE SOUTH SIDE OF THE BUILDING. OVERNIGHT
 OR DESIGNEE. PARKING OF SEMI-TRUCK TRAILERS IS NOT PERMITTED WITHIN AREA 1 ALONG THE SE CROCO OR SE 6th STREET STREET FACING FRONTAGES.
 8. SETBACKS FOR TRUCK/TRAILER PARKING AREA: WITH A MINIMUM OF 60 FEET ALONG THE WEST PROPERTY LINE AND 200 FEET ALONG ALL THE OVERNIGHT PARKING AND PARKING OF SEMI-TRUCKS NOT DIRECTLY UNLOADING AND LOADING SHALL BE CONTAINED WITHIN AREA 2
 NORTH PROPERTY LINE. ON AN APPROVED HARD SURFACE.
 9. A DECIBEL LEVEL OF 60 OR LESS SHALL BE MAINTAINED ALONG WEST AND NORTH PROPERTY LINES ADJACENT TO THE TRUCK TRAILER3. A MINIMUM OF 50% OF THE MAIN ENTRY OF THE FRONT FACADE (EAST FACING) SHALL BE COMPRISED OF WINDOWS, DOOR OPENINGS.
 PARKING AREA. CITY STAFF SHALL BE ALLOWED ONTO THE SITE TO CONDUCT PERIODIC NOISE MEASUREMENTS AS NEEDED OR PROVIDETHE MAIN ENTRY OF THE FRONT FACADE SHALL BE TREATED WITH ARCHITECTURAL FINISHES AND BE OF HIGH QUALITY DESIGN. THE 6TH ST.
 MEASUREMENTS FROM A THIRD PARTY. FACADE (SOUTH FACING) SHALL CONTAIN A FORM OF ARCHITECTURAL VARIATIONS WITH RESPECT TO MATERIALS, TEXTURE, RELIEF, COLOR,
 10.USE AND DEVELOPMENT OF THE SITE IN ACCORDANCE WITH THE PLANNED UNIT DEVELOPMENT MASTER PLAN FOR RESER'S FINE ETC. MECHANICAL, HEATING, AIR CONDITIONING/COOLING, AND ROOF MOUNTED EQUIPMENT SHALL BE SCREENED OR NOT VISIBLE FROM
 FOODS-AMENDMENT #2 AS RECORDED AND AMENDED WITH THE OFFICE OF THE SHAWNEE COUNTY REGISTER OF DEEDS, SUBMITTAL AND PUBLIC RIGHTS OF WAY AND LOCATED TO THE SIDE OR REAR YARDS.
 ADMINISTRATIVE APPROVAL OF A SITE PLAN REVIEW APPLICATION THAT DEMONSTRATES SATISFACTORY COMPLIANCE WITH ALL 4. BUILDING ELEVATIONS TO BE APPROVED AT THE TIME OF SITE DEVELOPMENT PLAN REVIEW AND SHALL BE SUBSTANTIALLY COMPLIANT
 CONDITIONS AND REQUIREMENTS ESTABLISHED BY THE PUD MASTER PLAN, THE CONSTRUCTION AND CONTINUED IMPLEMENTATION OF WITH THOSE SUBMITTED AS AN EXHIBIT TO THE PUD MASTER PLAN.
 ALL CONDITIONS OF APPROVAL THAT HAVE BEEN ESTABLISHED BY THE PUD MASTER PLAN. 5. MAINTAIN ACCEPTABLE MINIMUM AIR QUALITY STANDARDS AS REGULATED BY KDHE.
 11.SEMI TRUCKS AND TRAILERS NORTH OF THE PRIMARY BUILDING AND WAITING TO LOAD OR UNLOAD MATERIALS OR PRODUCTS SHALL 6. PARK
 THERE SHALL BE NO DISCERNABLE ODORS EMITTING FROM THE WASTE WATER PRE-TREATMENT PROCESS BEYOND ANY PROPERTY LINES.
 NO CLOSER THAN 200 FEET FROM THE EAST PROPERTY LINE ALONG CROCO ROAD. 7. THE LOCATION OF TRASH AND RECYCLING RECEPTACLES SHALL BE DETERMINED AT THE SITE DEVELOPMENT STAGE TO ENSURE TRASH
 12.THE NOISE LEVEL FROM BUILDINGS AND EQUIPMENT, AND TRUCKS RESULTING FROM RESERS ACTIVITY SHALL BE MAINTAINED TO 60 AREAS ARE NOT OVERLY CONCENTRATED, ARE EFFECTIVELY SCREENED FROM PUBLIC AREAS, AND PROVIDE ADEQUATE CIRCULATION
 DECIBELS OR LESS WITHIN FIVE FEET OF THE PROPERTY LINE. WITHIN THE OVERALL DEVELOPMENT. ALL SAID RECEPTACLES SHALL HAVE ENCLOSURES THAT SCREEN THE RECEPTACLES FROM VIEW AND
 ARE CONSTRUCTED WITH MATERIALS COMPATIBLE WITH THE FRONT FACADE OF THE PRINCIPAL BUILDING. PROPERTY OWNER'S: DATE:
 RESER'S FINE FOODS INC. MAY 8TH, 2024
 OWNER ADDRESS: PROPERTY ADDRESS
 ENGINEERS P.O. BOX 8 3728 SE 6TH STREET
cfse.com 2930 SW Woodside Dr, Topeka, KS 66614 BEAVERTON, OR 97075 TOPEKA, KS 66607
 o: 785-272-4706 f: 785-272-4736
 PUD 16/05B
 ENVIRONMENTAL NOISE LEVEL
 SURVEY

 Prepared for:
 Reser’s Fine Food
 3728 Southeast 6th Street
 Topeks, Kansas 66607
 April 26, 2024

This document has been prepared by Mobile Health Diagnostics. The material and data in this report were
prepared under the supervision and direction of the undersigned.




 ___________________________
 Troy Bouman, PhD
 Acoustical Engineer




 NATIONWIDE SERVICE
 www.mhdhealth.com • 800-331-3218
Table of Contents
Acronyms ................................................................................................................................................................................ 2
1. Introduction ................................................................................................................................................................. 3
2. Methodology .................................................................................................................................................................. 3
3. Results ........................................................................................................................................................................... 4
4. Conclusions .................................................................................................................................................................... 5
5. References ................................................................................................................................................................... 6
6. LIMITATIONS ................................................................................................................................................................ 6
Appendix A – Calibration Certificates ..................................................................................................................................... 7




Acronyms
 dB Decibel reference 20uPa
 dBZ Unweighted decibel
 dBA A-weight decibel. A-weighting reflects how humans perceive sound.
 SLM Sound level meter
 SPL Sound pressure level




 NATIONWIDE SERVICE
 www.mhdhealth.com • 800-331-3218
1. Introduction
Mobile Health Diagnostics was contracted to perform environmental noise level testing at Reser’s Fine Food
site located at 3728 Southeast 6th Street Topeks, KS 66607. The goal of the testing was to understand the
sound levels of the production facility and ambient environment in the northeast corner of the property. There
is no specific dB requirement in the Topeks ordinance [1] to specifically compare to, but does say:

 9.45.170
 a) It shall be unlawful for any person to make, continue or allow to be made or continued any excessive,
 unnecessary, unusual or loud noise which injures or endangers the comfort, repose, health, or safety of any
 person of reasonable sensibilities, or which interferes with the use or enjoyment of property of any person of
 reasonable sensibilities, unless the making and continuing of such noise is necessary for the protection and
 preservation of property or the health and safety of an individual; provided, that the provisions of this article
 shall not apply to such occasional and infrequent uses as authorized by resolution approved by the City
 Council, upon a showing by an applicant and determination by the Council that the proposed use does not
 offend the spirit of the findings of TMC 9.45.150.

The testing was conducted on April 17, 2024.


2. Methodology
A sound level meter (SLM) was placed on a tripod and located in the northeast corner of the property. The
measurement location is shown in red in Figure 1.




 Figure 1: Map showing data collection location highlighted in red.

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Sound was recorded in 15 minute increments from 5am – 8am, when the facility was shut down, but ~40 air-
conditioned trailers were running ~200 yards away. Sound was again recorded from 8am – 1pm when the
facility as well as the trailers were operational. From that data, Unweighted (i.e. LZeq) and A-weighted average
levels were recorded (i.e. LAeq). The measurements were made using a Quest Sound Pro sound level meter,
SN BIX100007 set to slow response. The sound level meter was calibrated before and after each testing day
using a 3M AC-300 calibrator, SN AC3000009137, and were within 0.5dB between each calibration. The
calibration certificates for the equipment can be found in Appendix A. The weather on testing day was 61F,
58% humidity, and 29.75 inHg pressure.


3. Results
The results for the testing are shown in Table 1. The results are interesting in that the levels were slightly
louder on average from 5am to 8am than from 8am to 1pm. This is somewhat counter intuitive, but the levels
are not that different from each other (humans can only perceived a > 3dB change). So the main conclusion
to take away is that the production facility does not significantly increase the sound level at the northeast
property line. Note that the ~40 A/C trailers were running during the whole test so the levels without those
trailers are unknown.

Additionally, the LAeq levels are well below the 85 dBA OSHA exposure threshold. So there is no health risk
from this sound exposure when viewing it from the city ordinance 9.45.170a health concern (see above).

Table 1: Overall sound pressure levels A-weighted (human perceived levels) and Z-weighted (i.e. Unweighted).

Time Facility Trailers LAeq LZeq
5a-8a Off On 58.9 88.1
8a-1p On On 57.5 82.6

Figure 2 shows the average sound levels every 15 minutes from 5am-8am. Looking at the y axis, the levels are
very similar (i.e. the sound level is not fluctuating significantly during the measurement).




Figure 2: LAeq levels every 15 minutes from 5am-8am




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Figure 3 looks at the frequency content from the data. It shows that from 5a-8a there was higher low
frequency (i.e. < 80Hz) energy content than from 8a-1pm, but humans don’t hear these frequencies well that
is why the overall LAeq from Table 1 is not much different. Additionally, Figure 3 shows that the acoustic
energy is evenly spread across the frequency range (i.e. there is not a specific tone that is driving the overall
levels).




Figure 3: A-weighted 1/1 Octave frequency comparison data.




4. Conclusions
Acoustic data were acquired at Reser’s Fine Foods’ site located at 3728 Southeast 6th Street Topeks, KS 66607.
The testing involved recording data from 5am until 1pm at a single location on the northeast property line. In
general, the A-weighted sound pressure levels were around 58 dBA and the unweighted levels were around
86 dBZ. Based on the limited city ordinance requirements, Reser is in compliance and does not need any
mitigation. If Reser is looking to add A/C trailer parking in the future, the MHD team would recommend
another data collection phase with all the additional trailers in place. If the levels exceed 85 dBA at that time,
MHD can recommend mitigation strategies. For example, a large berm taller than the trailers would provide
the most benefit. Additionally, trees or an appropriate sound fence would help reflect the sound energy away
from the neighbors, but would need to be of sufficient height and mass to target down to 50 Hz.




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5. References
[1] Topeks City Ordinance on Noise https://topeka.municipal.codes/TMC/9.45_ArtII

6. LIMITATIONS
The services described in this work product were performed in accordance with generally accepted
professional consulting principles and practices. No other representations or warranties, expressed or implied,
are made. These services were performed consistent with our agreement with our client. This work product
is intended solely for the use and information of our client unless otherwise noted. Any reliance on this work
product by a third party is at such party's sole risk.

Opinions and recommendations contained in this work product are based on conditions that existed at the
time the services were performed and are intended only for the client, purposes, positions, time frames, and
project parameters indicated. The data reported and the findings, observations, and conclusions expressed
are limited by the scope of work. We are not responsible for the impacts of any changes in environmental
standards, practices, or regulations subsequent to performance of services. We do not warrant the accuracy
of information supplied by others, or the use of segregated portions of this work product.

This work product presents professional opinions and findings of a scientific and technical nature. The work
product shall not be construed to offer legal opinion or representations as to the requirements of, nor the
compliance with, environmental laws rules, regulations, or federal, state or local regulations.




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Appendix A – Calibration Certificates




 A1-1: Calibration certification for the calibrator




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 www.mhdhealth.com • 800-331-3218
A1-2: Calibration certificate for the sound level meter




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From: Sandra Campise, Resident on East Side of Croco Road Adjacent to Reser’s

Received: April 11, 2024

Re: PUD16/05B Amendment to Reser’s PUD Master Plan for Semi-Truck Trailer Parking



Dear Mike Hall,

I talked to Annie Driver yesterday stating my and my neighbors' concerns. Since she will not be able to attend the
April 15th meeting, she instructed me to email you so you can forward my and my neighbors' concern to the
Planning Commissioners ahead of the April 15th meeting. I appreciate your helpfulness. Below is the letter, I
would appreciate if you could forward it to the planning commissioners.

Thanks again,

Sandra Campise



I will forward you the pictures I sent to Annie Driver if you could forward them as well. I could not find them on this
computer to send. Please contact me if there are any questions, thanks again.

Issues and concerns of the family neighborhood adjoining the Reser’s facility at 6th and Croco:

Having a 24/7 industrial facility across the street from a family neighborhood is very stressful for those residents
who live nearby . Most of the issues are with engine noises, fans and headlight beams which frequently disrupt
sleep and make it impossible to enjoy outdoor activities. Enlarging the facility will only increase these issues for
the neighborhood unless actions are taken. For comparison, it is as if living next to a truck depot with trucks
moving about at all hours of the day and night. This activity is constant, 24-7. Perhaps once every two weeks,
Reser’s takes a day or part of a day off, which is a great relief.

1) Noise:

The primary noise is from the four docks on the north side of the building where refrigeration units on the trailers
rumble away night and day. On occasions the engine noise combines which doubles the noise level and vibrates
house windows and siding. Every hour, day and night there are beeps from the trucks backing up. This occurs
hourly as trailers are backed into the four docks and parking north of the building. This is a 24 hour operation.

2) Truck parking:

Truck trailers are parked across the street from my and my neighbors' houses all the time, making it feel like we
are in the midst of a tractor truck depot. This severely downgrades our quality of life at home and interrupts our
sleep which effects our waking work days. The tractor trailers should not be there according to the original
agreement in which they were supposed to be parked at the south of the building. The trucks are there for loading
and waiting to be hauled off. There are also the ones that are just being stored. I understand that the proposed
plan is to alleviate some of this, but not all of it.

3) Dust:

Clouds of dust blow from the unpaved areas of the north side from parking and maneuvering of the trucks. This
dusts get everywhere, especially on windy days. It is on the cars, the decks and the houses.

4) Lights:

While this is not as bothersome as the constant rumble, headlights will blaze through residential windows at night
from a bus or truck parked for long periods, disrupting sleep.

Remedies:
Some have suggested construction of a concrete wall sound barrier on the northeast side of the building to deflect
the noise and having the trucks hidden behind the wall so they are out of sight of the surrounding neighborhood
and the illumination caused by them.

Others have recommended contacting OSHA and the EPA for a review.

There are several other items that disturb the residents of the neighborhood, but the noise, illumination from the
bus and the trucks, the tractor trailers in plain sight of the neighboring houses and the dust are the foremost
concerns. The original agreement was that no truck activity is to occur on the northeast side of Reser’s including
trucks entering and leaving through the Croco exit. They were to all enter and leave through the 6th street
entrance.

If these items were addressed, the quality of life for the residents would be greatly improved.



Thank You, Sandra Campise and the neighbors adjacent to Reser’s.
 City / County
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OS-1




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 BOOK PAGE
 MASTER PLANNED UNIT DEVELOPMENT PLAN DATE TIME
 RESER'S FINE FOODS EAST DEVELOPMENT RECORDED WITH THE SHAWNEE COUNTY REGISTER OF DEEDS
 AMENDMENT NO. 2 REBECCA J. NIOCE, REGISTER OF DEEDS




 LEGEND DESCRIPTION
 AREA 1 LEGAL DESCRIPTION:
 LOT 1, BLOCK A, RESER'S CROCO SUBDIVISION NO. 2, IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 11
 SOUTH, RANGE 16 EAST OF THE 6TH P.M., ALL IN SHAWNEE COUNTY, KANSAS.
 AREA 2 LEGAL DESCRIPTIONS
 INSTRUMENT NO. 2018R16128:
 A TRACT OF LAND IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 11 SOUTH, RANGE 16 EAST OF THE 6TH
 0 200 400 P.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SAID SOUTHEAST QUARTER,
 Feet THENCE EAST 741.96 FEET ALONG THE SOUTH LINE OF SAID QUARTER SECTION; THENCE NORTH 123 FEET
 PARALLEL TO THE WEST LINE OF SAID QUARTER SECTION TO THE TRUE POINT OF BEGINNING: THENCE EAST 90.00
 SCALE: 1" = 200' FEET PARALLEL TO THE SOUTH LINE OF SAID QUARTER SECTION; THENCE ON AN ANGLE TO THE SOUTHEAST TO A
 POINT ON THE SOUTH LINE OF THE QUARTER SECTION, 904.96 FEET EAST OF THE SOUTHWEST CORNER; THENCE
 CONTINUING EAST ALONG SOUTH LINE 65.00 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID
 AREA 2 QUARTER SECTION, 460.00 FEET; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION,
 PHASE III (PROPOSED)
 SEMI TRUCK PARKING 438.00 FEET; THENCE SOUTH PARALLEL WITH THE WEST (SOUTH DESCRIBED) LINE OF SAID QUARTER SECTION,
 PHASE IV (PROPOSED FUTURE) 229.00 FEET; THENCE EAST 210.00 FEET, PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION; THENCE
 SEMI TRUCK PARKING SOUTH 108.00 FEET PARALLEL WITH THE WEST LINE OF SAID QUARTER SECTION TO THE POINT OF BEGINNING, IN
 SHAWNEE COUNTY, KANSAS.
 INSTRUMENT NO. 2018R16057:
 BEGINNING AT A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER (SE ¼) OF SECTION 34, TOWNSHIP 11
 SOUTH, RANGE 16 EAST OF THE 6TH P.M., 957.75 FEET WEST OF THE EAST LINE OF SAID QUARTER SECTION;
 THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID QUARTER SECTION 2047 FEET TO A LIMESTONE SET NEAR
 A BLACK WALNUT TREE, SAID TREE MARKED BY THREE HACKS; THENCE WEST AT RIGHT ANGLES TO THE EAST LINE
 OF SAID QUARTER SECTION 372.45 FEET TO AN OSAGE ORANGE HEDGE; THENCE NORTH ALONG SAID HEDGE AND
 PARALLEL WITH THE EAST LINE OF SAID QUARTER SECTION, 327 FEET TO A POINT 377.75 FEET SOUTH OF THE
 NORTH LINE OF SAID QUARTER SECTION; THENCE WEST ALONG AN OSAGE ORANGE HEDGE PARALLEL WITH THE
 NORTH LINE OF SAID QUARTER SECTION, 778.04 FEET TO A POINT 531.96 FEET EAST OF THE WEST LINE OF SAID
 QUARTER SECTION; THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID QUARTER SECTION, 2374 FEET TO THE
 SECTION LINE; THENCE EAST ALONG SECTION LINE 1150.49 FEET TO THE PLACE OF BEGINNING;
 EXCEPT THE FOLLOWING DESCRIBED TRACT, STARTING AT A POINT ON THE NORTH SIDE OF THE PUBLIC HIGHWAY,
 532 FEET EAST FROM THE WEST LINE OF THE WEST HALF (W ½) OF THE SOUTHEAST QUARTER (SE ¼) OF SECTION
 34, TOWNSHIP 11 SOUTH, RANGE 16; THENCE EAST 210 FEET; THENCE NORTH 265 FEET; THENCE WEST 210 FEET;
 THENCE SOUTH 265 FEET TO THE PLACE OF BEGINNING, IN SHAWNEE COUNTY, KANSAS;
 AND LESS A TRACT OF LAND IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 11 SOUTH, RANGE 16 EAST
 OF THE 6TH P.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SAID SOUTHEAST
 QUARTER, THENCE EAST 741.96 FEET ALONG THE SOUTH LINE OF SAID QUARTER SECTION; THENCE NORTH 123
 FEET PARALLEL TO THE WEST LINE OF SAID QUARTER SECTION TO THE TRUE POINT OF BEGINNING; THENCE EAST
 90.00 FEET PARALLEL TO THE SOUTH LINE OF SAID QUARTER SECTION; THENCE ON AN ANGLE TO THE SOUTHEAST
 AREA 1 TO A POINT ON THE SOUTH LINE OF THE QUARTER SECTION, 904.96 FEET EAST OF THE SOUTHWEST CORNER;
 PHASE I THENCE CONTINUING EAST ALONG SOUTH LINE 65.00 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF
 PHASE II SAID QUARTER SECTION, 460.00 FEET; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION
 SITE 438.00 FEET; THENCE SOUTH PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION, 229.00 FEET; THENCE
 EAST 210.00 FEET, PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION; THENCE SOUTH 108.00 FEET
 PARALLEL WITH THE WEST LINE OF SAID QUARTER SECTION TO THE POINT OF BEGINNING.




 SE CROCO RD.



 SE 6TH STREET
 VICINITY MAP
 No Scale


 STREAM BUFFER NOTES TYPICAL TYPE II
 1. RESTRICTION: - THERE SHALL BE NO CLEARING, GRADING, CONSTRUCTION OR DISTURBANCE OF VEGETATION EXCEPT AS STREAM BUFFER STREAMSIDE AREA - USES ALLOWED
 PERMITTED UNDER SECTION 17.10.060 OF THIS CODE OR AS APPROVED BY THE PUBLIC WORKS DIRECTOR OR HIS OR HER 1.) NATIVE VEGETATION
 DESIGNEE. 2.) FLOOD CONTROL
 25' OUTER AREA 3.) FOOT PATHS/ROAD CROSSINGS
 4.) UTILITY CORRIDORS
 2. STREAM BUFFER EASEMENTS ARE HEREBY ESTABLISHED AS SHOWN TO PROVIDE FOR INFORMAL GREEN SPACE AND THE 25' STREAMSIDE AREA OUTER AREA - USES ALLOWED
 NATURAL UNOBSTRUCTED OVERLAND FLOW OF SURFACE WATER IN EXISTING DRAINAGE WAYS. PROPERTY OWNER(S) SHALL (MINIMUM) 1.) NATIVE VEGETATION OR MANAGED LAWN
 NOT PLACE PERMANENT OR SEMI-PERMANENT OBSTRUCTIONS IN SAID EASEMENT. ALL MAINTENANCE WITHIN THE STREAM 2.) BIKING/HIKING PATHS
 CENTERLINE OF WATERWAY
 BUFFER EASEMENT (SBE) SHALL BE THE RIGHT, DUTY AND RESPONSIBILITY OF THE PROPERTY OWNER(S) OF THE PROPERTY IN 25' STREAMSIDE AREA 3.) FLOOD CONTROL
 (MINIMUM) 4.) DETENTION/RETENTION STRUCTURE
 WHICH THE EASEMENT IS SO LOCATED, HOWEVER, IF MAINTENANCE IS NEGLECTED OR SUBJECT TO OTHER UNUSUAL
 5.) UTILITY CORRIDORS
 CIRCUMSTANCES AND IS DETERMINED TO BE A HAZARD OR THREAT TO PUBLIC SAFETY BY THE DIRECTOR OF THE APPLICABLE 6.) STORMWATER BMP's
 DEPARTMENT OF PUBLIC WORKS, CORRECTIVE MAINTENANCE MAY BE PERFORMED BY THE GOVERNING JURISDICTION WITH 25' OUTER AREA 7.) RESIDENTIAL YARDS/LANDSCAPE AREAS PROPERTY OWNER'S: DATE:
 COSTS ASSESSED TO AND BORNE UPON SAID PROPERTY OWNER(S). OFFICIALS REPRESENTING THE APPLICABLE DEPARTMENT OF RESER'S FINE FOODS INC. APRIL ND
 2 , 2024
 ENGINEERS PUBLIC WORKS SHALL HAVE THE RIGHT TO ENTER UPON THE EASEMENT FOR PURPOSES OF PERIODIC INSPECTION AND/OR OWNER ADDRESS: PROPERTY ADDRESS
 CORRECTIVE MAINTENANCE. P.O. BOX 8 3728 SE 6TH STREET
cfse.com 2930 SW Woodside Dr, Topeka, KS 66614
 o: 785-272-4706 f: 785-272-4736
 TOPEKA, KS 66607
 BEAVERTON, OR 97075 PUD 16 / 05B
 MASTER PLANNED UNIT DEVELOPMENT PLAN BOOK
 DATE
 PAGE
 TIME
 RESER'S FINE FOODS EAST DEVELOPMENT
 AMENDMENT NO. 2
 PERFORMANCE OBJECTIVE VARIANCE NOTES OWNER'S CERTIFICATE
 AREA 1 RESER'S
 1. THE 6' WIDE RESIDENTIAL LANDSCAPE BUFFER PURSUANT TO TMC 18.235.060(d)(1) ALONG THE LENGTH OF THE WEST PROPERTY LINE IS FINE FOODS INC. OWNER, AGREES TO COMPLY WITH THE CONDITIONS AND RESTRICTIONS AS SET FORTH ON
 TO CONSTRUCT A FOOD PROCESSING AND PACKAGING FACILITY WITHIN A RESIDENTIAL/AGRICULTURAL SETTING WHILE REASONABLY THEOR
 WAIVED DUE TO THE PRESENCE OF A TYPE II STREAM BUFFER WITHIN THIS AREA THAT RESTRICTS CLEARING, GRADING, CONSTRUCTION MASTER PUD PLAN.
 ACCOMMODATING THE OWNERS OF THE FACILITY AND SURROUNDING NEIGHBORHOOD. DISTURBANCE WITHIN THE BUFFER, ONLY RELEVANT TO AREA 1.
 AREA 2 2. RELOCATION OF THE STREAM CHANNEL TRANSECTING AREA 2 NORTH - SOUTH SHALL REQUIRE APPROVAL OF A VARIANCE SUBJECT TO  IN TESTIMONY WHEREOF: THE OWNERS OF THE ABOVE DESCRIBED PROPERTY, RESER'S FINE FOOD INC. HAS SIGNED
 THESE PRESENTS THIS DAY OF , 2024.
 TO ALLOW FOR THE CONSTRUCTION OF A PARKING LOT FOR SEMI-TRUCK TRAILERS INTENDED SOLELY FOR DIRECT USE BY SEMI-TRUCK TMC 17.10.080 AND THE STATE OF KANSAS DIVISION OF WATER RESOURCES, KANSAS DEPARTMENT OF AGRICULTURE SUBJECT TO THE IF
 THE VARIANCE IS NOT APPROVED, THE TRAILER PARKING LOT MAY BE SHIFTED NORTH AND WEST WITH EXACT LOCATION DETERMINED AT
 TRAILERS SERVING THE RESER'S PLANT FACILITIES LOCATED IN EAST TOPEKA WITHIN PROXIMITY TO THE SITE. ANY EXPANSION OF BUILDINGS
 WITHIN AREA 2 SHALL REQUIRE A MAJOR PUD AMENDMENT. THE TIME OF SITE PLAN REVIEW APPLICATION.

 DEVELOPMENT PHASING SCHEDULE UTILITY NOTES PAUL LEAVY, CHIEF FINANCIAL OFFICER
 AREA 1 1. LIGHTING SHALL BE FULL CUT OFF, SHIELDED & RECESSED WITH CUT-OFF ANGLES TO PREVENT THE CAST OF LIGHTING BEYOND THE RESER'S FINE FOODS INC.
 PHASE I (2017-2018) - CONSTRUCT 318,000 SF FACILITY, CONSTRUCT DECELERATION LANE INTO WESTTH ST.,
 ENTRANCE
 WIDENING
 OFFOF
 SE 6 PROPERTY & NOT EXCEED 3 FOOT CANDLES AS MEASURED AT THE PROPERTY LINE. EXTERIOR LIGHTING SHALL FOLLOW ACCEPTED
 SE CROCO RD. TO ACCOMMODATE INDUSTRIAL WIDTH 3 LANE ROADWAY THROUGH THE NORTH PROPERTY BOUNDARY ALONG SE CROCO RD. NATIONAL GUIDELINES FOR PARKING LOT LIGHTING (I.E. CPTED). THE TYPE, ILLUMINATION, POLE HEIGHT & QUANTITY OF NEW PARKING
 AND THEN TAPERING TO EXISTING WIDTH. (NOT SHOWN), CONSTRUCT SIDEWALK (6' BACK OF CURB OR 5' STANDARD) ALONG THE NORTHLOT SIDELIGHTING SHALL BE APPROVED BY THE TOPEKA PLANNING DEPARTMENT AT THE TIME OF PERMIT APPROVAL BY DEVELOPMENT COUNTY STATE OF KANSAS) ss
 OF SE 6TH ST TO CONNECT WITH THE SIDEWALK THAT TERMINATES JUST EAST OF RICE RD., CONSTRUCT SIDEWALK (6' BACK OF CURB OR 5'SERVICES. A FOOT CANDLE ANALYSIS WILL BE APPROVED AT THE SITE DEVELOPMENT PLAN STAGE. OF SHAWNEE) ss
 STANDARD) ALONG THE WEST SIDE OF SE CROCO RD. THE LENGTH OF THE PROPERTY'S FRONTAGE. 2. ALL UTILITIES SHALL BE PLACED UNDERGROUND PURSUANT TO THE CITY'S RIGHT-OF-WAY MANAGEMENT STANDARDS. BE IT REMEMBERED THAT ON THIS DAY OF 2024, BEFORE ME, A NOTARY PUBLIC IN AND FOR
 SAID COUNTY AND STATE, CAME PAUL LEAVY, CHIEF FINANCIAL OFFICE, RESER'S FINE FOODS INC., WHO IS PERSONALLY
 PHASE II (2022-2028) CONSTRUCT 85,000 SF STORAGE AND DISTRIBUTION BUILDING THAT WILL BE ATTACHED TO THE PHASE I MAIN KNOWN TO BE THE SAME PERSON WHO EXECUTED THE WITHIN INSTRUMENT OF WRITING, AND SUCH PERSON DULY
 STRUCTURE. (NORTH OF EXISTING BUILDING WITHIN EXISTING PARCEL) CIRCULATION, PARKING & TRAFFIC NOTES ACKNOWLEDGED THE EXECUTION OF THE SAME.
 AREA 2 1. HANDICAP SPACES SHALL MEET MINIMUM ADA CRITERIA WITH A MINIMUM OF NINE(9) HANDICAP SPACES PER 401-500 PARKING SPACES.
 NO PHASING 2. A 40 FT. SIGHT TRIANGLE, MEASURED FROM THE FACE OF CURB EXTENDED, SHALL BE MAINTAINED AT ALL ENTRANCES; NO OBSTRUCTIONS IN WITNESS WHEREOF, I HEREBY SET MY HAND AND AFFIX MY SEAL ON THE DAY AND YEAR LAST WRITTEN ABOVE.
 GREATER THAN (30) INCHES ABOVE GRADE OF ANY ADJACENT STREET OR ENTRANCE MAY BE PLACED WITHIN THIS AREA.
 PROJECT DATA 3. ACCESS OPENINGS SHALL BE ALLOWED AS DEPICTED ON THE PLAN. NOTARY PUBLIC
 AREA 1 4. ALL NEW DRIVES, STREETS, PARKING AREAS, APPROACHES AND WALKS SHALL BE CONSTRUCTED TO CITY OF TOPEKA STANDARDS. MY COMMISSION EXPIRES:
 ZONING: I-1 USES.FOR WAREHOUSING/DISTRIBUTION AND MANUFACTURING AND PROCESSING, TYPES I AND II ONLY 5. ALL DRIVES, LANES & PRIVATELY OWNED ACCESS WAYS PROVIDING ACCESSIBILITY TO STRUCTURES, BUILDINGS AND USES WITHIN THE
 ALL OTHER USES LISTED IN 18. 60 ARE NOT PERMITTED. PLANNED UNIT DEVELOPMENT SHALL BE CONSIDERED AND SERVE AS MUTUAL RIGHTS OF ACCESS TO OWNERS, TENANTS, INVITED GUESTS,
 MAXIMUM DENSITY: N/A PER I-1 STANDARDS CLIENTS, EMPLOYEES, CUSTOMERS, SUPPORT AND UTILITY PERSONNEL AND EMERGENCY SERVICE PROVIDERS, INCLUDING LAW
 MAXIMUM BUILDING COVERAGE RATIO: 85% ENFORCEMENT, FIRE PROTECTION AND AMBULANCE SERVICES. ALL ACCESS WAYS PROVIDING GENERAL ACCESSIBILITY TO, AND CERTIFICATION OF MASTER PUD PLAN APPROVAL
 CIRCULATION AMONG, THE USES WITHIN THE PLANNED UNIT DEVELOPMENT SHALL BE MAINTAINED AT ALL TIMES IN GOOD SERVICEABLE THIS PLANNED UNIT DEVELOPMENT (PUD) MASTER PLAN HAS BEEN REVIEWED AND APPROVED IN ACCORDANCE WITH
 MINIMUM LOT AREA: 10,000 SF CONDITION WITH THE MAINTENANCE OF SAID ACCESS WAYS BEING THE RESPONSIBILITY OF THE OWNER.
 TOTAL STRUCTURES (PROPOSED): SINGLE STORY BUILDING THE PROVISIONS OF CHAPTER 18.190 OF THE COMPREHENSIVE ZONING REGULATIONS OF THE CIT Y OF TOPEKA,
 6. IF ANY IMPROVEMENTS TO THE SITE ARE REQUIRED BY THE TRAFFIC ANALYSIS AS APPROVED BY THE CITY TRAFFIC ENGINEER, THEY SHALL BE COUNTY, KANSAS AND MAY BE AMENDED ONLY AS PRESCRIBED IN TMC 18.190.070 OF SAID CHAPTER AND
 SHAWNEE
 TOTAL MAXIMUM BUILDING AREA: 317,190 SF COMPLETED BY THE DEVELOPER PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR EACH PHASE OF DEVELOPMENT. AS SET FORTH ON THIS DOCUMENT OR AS MAY SUBSEQUENTLY BE APPROVED AND RECORDED.
 MAJOR  AMENDMENT
 281,000 SF PRODUCTION APPROVAL TO CONSTRUCT A TRAILER PARKING LOT ON THE PORTION DESCRIBED AS AREA 2. USE AND MAINTENANCE
 27,850 SF OFFICE/EMPLOYEE SERVICE SIGNAGE NOTES OF THE PARKING LOT SHALL BE BY RESER'S FINE FOOD INC OR TO ALLOW STORAGE OF TRAILERS SERVING OPERATIONS
 640 SF COVER OUTDOOR BREAK AREA 1. ALL SIGNAGE SHALL BE CONSISTENT WITH I-1 ZONING REQUIREMENTS AND RESTRICTIONS. WITHIN THE VICINITY OF SE 6TH AND CROCO.
 5,000 SF COVERED TRASH COLLECTION AREA 2. SIGNS SHALL BE APPROVED BY SEPARATE SIGN PERMIT APPLICATION.
 2,700 SF AMMONIA ROOM 3. TMC 18.10 SHALL GOVERN ALL OTHER SIGNS UNLESS SPECIFICALLY STATED HEREIN. ALL INCIDENTAL SIGNAGE SHALL COMPLY WITH TMC
 PARCEL SIZE: 43.03 ACRES± 18.10.130(i) BY ZONING USE GROUP.
 PARKING CALCULATIONS: PH I & PH II
 508 SPACES PROVIDED (499 STANDARD + 9 HANDICAP) LANDSCAPING NOTES
 417 REQUIRED (1 SPACE / 600 SQ. FT UP TOSQ.
 25,000
 FT.; 1 SPACE / 1000 SQ. FT. THEREAFTER) 1. ALL LANDSCAPING SHALL BE CONSISTENT WITH I-1 ZONING REQUIREMENTS AND RESTRICTIONS UNLESS PRESCRIBED OTHERWISE STATED DAN WARNER,
 IN PLANNING DIRECTOR DATE
 24 BIKE SPACES PROVIDED THIS DOCUMENT. SITE SPECIFIC LANDSCAPE PLANS ADDRESSING POINT QUANTITIES, SPECIES, AND LOCATION SHALL BE SUBMITTED AND
 APPROVED PRIOR TO ISSUANCE OF ANY PERMITS.
 AREA 2 2. LANDSCAPE PLANS SHALL BE PROVIDED THAT ARE CONSISTENT WITH TMC 18.235 LANDSCAPE REGULATIONS. THE SPECIFIC TYPES, AND STATE OF KANSAS) ss
 ZONING: I-1, USES, FOR SEMI-TRUCK TRAILER PARKING LOT. QUANTITIES SHALL  BE APPROVED  BASED  ON  THE LANDSCAPE  PLAN SUBMITTED AT THE SITE PLAN  REVIEW  APPLICATION  STAGE. "AN COUNTY OF SHAWNEE) ss
 PARCEL SIZE: 42.04 ACRES ± ATTRACTIVE MIX  OF EVERGREEN,  SHRUBS,  AND DECIDUOUS  TREES  ALONG THE PROPERTY'S  STREET  FRONTAGES AND WHERE  ADJACENT
 BE ITTO
 REMEMBERED THAT ON THIS DAY OF 2024, BEFORE ME, A NOTARY PUBLIC IN AND FOR
 PARKING CALCULATIONS: PH III & PH IV SINGLE-FAMILY RESIDENCES  ON  THE  WEST AND NORTH  SIDES AT THE TIME OF DEVELOPMENT OF FUTURE PHASES. AN IMPERVIOUS SAID COUNTY AND STATE, CAME DAN WARNER, PLANNING DIRECTOR, WHO IS PERSONALLY KNOWN TO BE THE SAME
 SCREENING BARRIER, BERNS OR COMBINATION LANDSCAPING AND BERMS SHALL BE PROVIDED ALONG THE LENGTH OF THE WEST PROERTY PERSON WHO EXECUTED THE WITHIN INSTRUMENT OF WRITING, AND SUCH PERSON DULY ACKNOWLEDGED THE
 255 SEMI TRUCK SPACES PROVIDED, PHASE III LINE SUBJECT TO TMC 18.235.060(d).
 150 SEMI TRUCK SPACES PROVIDED , PHASE IV EXECUTION OF THE SAME.
 3. THE CARE, MAINTENANCE, AND OWNERSHIP OF COMMON OPEN SPACE, PARKING AREAS, UTILITIES, PRIVATE STREETS, ACCESS WAYS,
 STORMWATER MANAGEMENT EASEMENTS, FENCING, AND LANDSCAPING SHALL BE THE RESPONSIBILITY OF THE OWNERS. ALL IN WITNESS WHEREOF, I HEREBY SET MY HAND AND AFFIX MY SEAL ON THE DAY AND YEAR LAST WRITTEN ABOVE.
 GENERAL NOTES LANDSCAPING SHALL BE INSTALLED PURSUANT TO PHASING SCHEDULE AND PROPERLY MAINTAINED. IF ANY PORTION OF THE LANDSCAPED
 1. THE BASE ZONING OF I-1 SHALL APPLY UNLESS OTHERWISE STATED MATERIAL DIES, IT SHALL BE REPLACED BY THE NEXT PLANTING SEASON.
 2. NO BUILDING PERMITS SHALL BE ISSUED UNTIL INDIVIDUAL SITE DEVELOPMENT PLANS SUBJECT TO TMC 18. 190. 060(C) HAVE BEEN 4. THERE SHALL BE A 3' MINIMUM BERM CONSTRUCTED TO ACHIEVE NEAR 6' HIGH OPACITY WITH BERM PLUS LANDSCAPING. NOTARY PUBLIC
 REVIEWED AND APPROVED BY THE PLANNING DIRECTOR. THESE SITE PLANS SHALL ADDRESS INDIVIDUAL BUILDING SITE LOCATIONS, 5. EXISTING MATURE (6 INCH DBH OR GREATER) TREES ALONG WEST AND NORTH PROPERTY LINE. FUTURE SITE DEVELOPMENT PLAN MUST
 OFF-STREET PARKING AND INTERNAL CIRCULATION, FIRE HYDRANTS, LANDSCAPING, PEDESTRIAN CONNECTIVITY, EXTERNAL LIGHTING, INCLUDE A LANDSCAPE PLAN IDENTIFYING TREES TO BE PRESERVED. MY COMMISSION EXPIRES:
 SIGNAGE, BUILDING ELEVATIONS, UTILITIES, STORM WATER, RELATIONSHIP TO ADJACENT LOTS, ETC.
 3. NO BUILDING PERMITS SHALL BE ISSUED UNTIL THE PROPERTY DESCRIBED AS AREA 2 IS PLATTED. BUILDING NOTES
 4. NO BUILDING PERMITS SHALL BE ISSUED UNTIL STORMWATER MANAGEMENT PLANS PURSUANT TO TMC 13.335 ARE APPROVED, 1. ALL BUILDINGS/STRUCTURES SHALL BE CONSISTENT WITH I-1 ZONING REQUIREMENTS AND RESTRICTIONS. AMENDMENT NOTE:
 INCLUDING GRANTING OF ANY NECESSARY STORMWATER MANAGEMENT EASEMENTS.
 THE OUTSIDE STORAGE OF VEHICLES (OTHER THAN TRUCKS UNLOADING/LOADING), EQUIPMENT AND MACHINERY SHALL NOT BE “THIS PLANNED UNIT DEVELOPMENT (PUD) MASTER PLAN HAS BEEN REVIEWED AND APPROVED IN ACCORDANCE WITH
 5. PURSUANT TO TMC 18.190, THE APPLICANT MUST RECORD THE MASTER PUD PLAN WITH THE SHAWNEE COUNTY REGISTER OF DEEDS2. PERMITTED. ALL DOCKS AND/OR LOADING AREAS SHALL BE ERECTED TO THE SIDE AND REAR YARDS AND NOT FRONT ON TO ANY PUBLIC THE PROVISIONS OF CHAPTER 18.190 OF THE COMPREHENSIVE ZONING REGULATIONS OF THE CITY OF TOPEKA,
 WITHIN SIXTY (60) DAYS UPON APPROVAL OF THE GOVERNING BODY. FAILURE BY THE APPLICANT TO RECORD THE PLAN WITHIN THE STREET RIGHTS OF  WAY. THERE SHALL  BE NO LOADING/UNLOADING OF  TRUCKS FROM THE SOUTH SIDE OF THE BUILDING. OVERNIGHTSHAWNEE COUNTY, KANSAS, AND MAY BE AMENDED ONLY AS PRESCRIBED IN TMC 18.190.070 AND AS SET FORTH ON
 PRESCRIBED TIME PERIOD AND PROVIDE THE PLANNING DEPARTMENT WITH THE REQUIRED NUMBER OF COPIES OF THE RECORDED PLAN PARKING OF SEMI-TRUCK TRAILERS IS NOT PERMITTED WITHIN  AREA  1 ALONG THE  SE CROCO  OR  SE 6th STREET STREET FACING THIS DOCUMENT OR AS MAY SUBSEQUENTLY BE APPROVED AND RECORDED.”
 FRONTAGES.
 WITHIN NINETY (90) DAYS OF THE DATE OF ACTION BY THE GOVERNING BODY SHALL RENDER THE ZONING PETITION NULL AND VOID. ALL OVERNIGHT PARKING AND PARKING OF SEMI-TRUCKS NOT DIRECTLY UNLOADING AND LOADING SHALL BE CONTAINED WITHIN AREA 2
 6. ANY EXPANSION OR INCREASE IN FLOOR AREA EXCEEDING 10% OF THE EXISTING BUILDINGS OR AS OTHERWISE INDICATED BY TMC ON AN APPROVED HARD SURFACE.
 18.190.070 SHALL ONLY BE APPROVED BY MAJOR AMENDMENT TO THE PLANNED UNIT DEVELOPMENT MASTER PLAN. 3. A MINIMUM OF 50% OF THE MAIN ENTRY OF THE FRONT FACADE (EAST FACING) SHALL BE COMPRISED OF WINDOWS, DOOR OPENINGS.
 7. STORMWATER MANAGEMENT EASEMENTS ARE(SME)
 HEREBY ESTABLISHED AS SHOWN OR DESCRIBED TO PROVIDE FOR THE THE MAIN ENTRY OF THE FRONT FACADE SHALL BE TREATED WITH ARCHITECTURAL FINISHES AND BE OF HIGH QUALITY DESIGN. THE 6TH ST.
 MANAGEMENT OF STORM WATER INCLUDING, BUT NOT LIMITED TO, DETENTION, RETENTION, STORAGE AND TREATMENT OF STORM FACADE (SOUTH FACING) SHALL CONTAIN A FORM OF ARCHITECTURAL VARIATIONS WITH RESPECT TO MATERIALS, TEXTURE, RELIEF, COLOR,
 WATER. PROPERTY OWNERS AND THEIR ASSIGNS AND SUCCESSORS (PROPERTY OWNERS) AGREE TO INSTALL, CONSTRUCT, RECONSTRUCT,
 REPLACE, ENLARGE, REPAIR, OPERATE AND PROVIDE PERPETUAL MAINTENANCE OF PIPE, FLUME, DITCH, SWALE, VEGETATIVE AREAS ORETC. MECHANICAL, HEATING, AIR CONDITIONING/COOLING, AND ROOF MOUNTED EQUIPMENT SHALL BE SCREENED OR NOT VISIBLE FROM
 PUBLIC RIGHTS OF WAY AND LOCATED TO THE SIDE OR REAR YARDS.
 MECHANICAL DEVICES FOR STORM WATER CONVEYANCE AND/OR TREATMENT, OR ANY IMPROVEMENTS IN THE SME FOR THE DRAINAGE 4. BUILDING ELEVATIONS TO BE APPROVED AT THE TIME OF SITE DEVELOPMENT PLAN REVIEW AND SHALL BE SUBSTANTIALLY COMPLIANT
 AND/OR TREATMENT OF SAID STORM WATER. NO CHANGE TO THE GRADE, TOPOGRAPHY OR STORM WATER MANAGEMENT STRUCTURES WITH THOSE SUBMITTED AS AN EXHIBIT TO THE PUD MASTER PLAN.
 AND IMPROVEMENTS IN THE SME SHALL BE MADE WITHOUT THE PRIOR WRITTEN APPROVAL OF THE APPLICABLE PUBLIC WORKS DIRECTOR
 OR DESIGNEE. 5. THE NOISE LEVEL OF OUTDOOR EQUIPMENT SHALL BE MAINTAINED TO 60 DECIBELS AT THE PROPERTY LINE.
 8. SETBACKS FOR TRUCK/TRAILER PARKING AREA: 60' ALONG THE WEST AND NORTH PROPERTY LINES CORRESPONDING WITH AREA 2. SEE  6. MAINTAIN ACCEPTABLE MINIMUM AIR QUALITY STANDARDS AS REGULATED BY KDHE.
 PLAN GRAPHIC. 7. THERE SHALL BE NO DISCERNABLE ODORS EMITTING FROM THE WASTE WATER PRE-TREATMENT PROCESS BEYOND ANY PROPERTY LINES.
 9. A DECIBEL LEVEL OF 60 OR LESS SHALL BE MAINTAINED ALONG WEST AND NORTH PROPERTY LINES. CITY STAFF SHALL BE ALLOWED TO8. THE LOCATION OF TRASH AND RECYCLING RECEPTACLES SHALL BE DETERMINED AT THE SITE DEVELOPMENT STAGE TO ENSURE TRASH
 CONDUCT PERIODIC NOISE MEASUREMENTS AS NEEDED OR PROVIDE MEASUREMENTS FROM A THIRD PARTY. AREAS ARE NOT OVERLY CONCENTRATED, ARE EFFECTIVELY SCREENED FROM PUBLIC AREAS, AND PROVIDE ADEQUATE CIRCULATION
 WITHIN THE OVERALL DEVELOPMENT. ALL SAID RECEPTACLES SHALL HAVE ENCLOSURES THAT SCREEN THE RECEPTACLES FROM VIEW AND
 ARE CONSTRUCTED WITH MATERIALS COMPATIBLE WITH THE FRONT FACADE OF THE PRINCIPAL BUILDING.



 PROPERTY OWNER'S: DATE:
 RESER'S FINE FOODS INC. APRIL ND
 2 , 2024
 OWNER ADDRESS: PROPERTY ADDRESS
 ENGINEERS P.O. BOX 8 3728 SE 6TH STREET
cfse.com 2930 SW Woodside Dr, Topeka, KS 66614 BEAVERTON, OR 97075 TOPEKA, KS 66607
 o: 785-272-4706 f: 785-272-4736
 PUD 16/05B
Development of New Parking Facility
 3620 SE 6th Street
 Topeka, Kansas 66607

 Level 2 - Traffic Impact Study

 February 16, 2024

 Traffic Engineering Conditional Approval
 Benesch
 3/12/2024

 Traffic Engineering Approval subject to the following conditions:
 1. TIA has some cleanup and clarifications needed, but Public
 Works staff is confident that these changes/clarifications will not
 Prepared for:
 result in issues/problems with future approval of parking lot
 Reser’s Fine  Foods
 permits,  etc. TIA shall be updated per attached comments and
 3728 SE 6th Street, Topeka,
 resubmitted before orKS  66607
 with appropriate permit applications.




 Prepared by:
 Xiang Yu, P.E.
 Cook, Flatt & Strobel Engineers, P.A.
 1421 E. 104th Street, Suite 100
 Kansas City, MO 64131
 816.333.4477
 Cook, Flatt & Strobel Engineers, P.A.

 Table of Contents
Table of Contents....................................................................................................................................... 2
List of Tables...............................................................................................................................................3
List of Figures.............................................................................................................................................3
1. Introduction............................................................................................................................................4
2. Existing Site Conditions........................................................................................................................ 5
 2.1 Existing Roadway............................................................................................................................ 6
 2.2 Existing Land-Use........................................................................................................................... 6
 2.3 Existing Zoning................................................................................................................................9
3. Existing Conditions..............................................................................................................................10
 3.1 Existing Traffic Volume................................................................................................................. 10
 3.2 Existing Sidewalk and Bike Route.................................................................................................11
4. Projected Traffic.................................................................................................................................. 12
 4.1 Background (Future No-Build) Forecasting.................................................................................. 12
 4.2 Build Forecasting........................................................................................................................... 13
 4.2.1 Prediction of Truck Volumes................................................................................................ 13
 4.2.2 Truck Volumes Distribution..................................................................................................13
5. Analysis of Traffic and Improvements...............................................................................................16
 5.1 Site Access Performance................................................................................................................16
 5.2 Circulation Review........................................................................................................................ 16
6. Conclusion and Recommendation...................................................................................................... 17




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

 List of Tables
Table 1. Characteristics and Functional Classification of Surrounding Roadways
Table 2. Summary of Traffic Volumes on Surrounding Roadways
Table 3. Summary of Traffic Volumes on Surrounding Roadways in Year 2044
Table 4. Truck and Semi-Trailer volumes on SE 6th Street
Table 5. After-Construction Surrounding Roadway Daily Traffic Volume Summary
Table 6. After-Construction in Year 2044 Surrounding Roadway Daily Traffic Volume Summary

 List of Figures
Figure 1. Site Location Map
Figure 2. The Detailed Design for the New Parking Facility
Figure 3. Topeka Roadway Functional Classification Maps
Figure 4. Existing Property Information
Figure 5. Existing Warehouses and Manufacturers Property Information Along SE Deer Crk Pkwy
Figure 6. Existing Zoning Map
Figure 7. Existing Zoning Map Along SE Deer Creek Parkway
Figure 8. Topeka Traffic Count Maps
Figure 9. Topeka Bike Routes Map by KDOT
Figure 10. Existing Truck and Semi-Trailer Daily Trips Distribution
Figure 11. After Construction Truck and Semi-Trailer Daily Trips Distribution




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

1. Introduction
 This Level 2 traffic impact study for the proposed parking facility featuring 250 truck parking
spaces at 3620 SE 6th Street, Topeka, KS 66607, has been prepared. The aim of constructing the parking
facility is to relocate the current parking for trucks and semi-trailers from food manufacturers and cold
storage warehouses (Site 1 - 6, see Figure 1) to a newly proposed parking lot. Following the relocation,
the available space at each location will enable the potential expansion of existing facilities in the future.
Currently, trucks and semi-trailers travel to Reser’s Crossroads for loading/unloading and then return
along the same route for parking. For departures, trucks and semi-trailers proceed southbound on SE
Deer Creek Pkwy to access I-70. Following the completion of construction, an estimated 60 trucks and
semi-trailers from the parking facility are expected to travel eastbound on SE 6th Street, proceed
towards Hwy 40, and then access I-70. Concurrently, there will be a corresponding reduction of 60
southbound trucks and semi-trailers on SE Deer Creek Parkway. With the relocation and consolidation
of all trucks and semi-trailers parking at the new facility, this transition will lead to an increase in truck
and semi-trailer volumes from 9 trucks per hour to 12 trucks per hour on SE 6th Street. Please briefly explain
 calculation behind this
 this based on current
 data from owner? Ple
 document




Figure 1. Site Location Map (Source: Google Earth)




 Page 4
 Cook, Flatt & Strobel Engineers, P.A. (New Access 1)


 Figure 2 illustrates the detailed design for the new parking facility. The upcoming parking
facility will feature an access point to SE 6th Street with a width of 75 feet. In addition, a new access,
with a width of 50 feet, has been planned to link the new parking facility to the existing parking lot on
the west side of Reser’s Crossroads. The advantage is that trucks and semi-trailers requiring parking
after loading/unloading at Reser’s Crossroads do not need to travel on SE 6th Street.


 (New Access 2)




 Illustrate truck circulation, truck turn
 templates and ensure trucks will not
 back onto SE 6th St when accessing
 the gate




Figure 2. The Detailed Design for the New Parking Facility




 Page 5
 Cook, Flatt & Strobel Engineers, P.A.

2. Existing Site Conditions
 Please show the proposed
2.1 Existing Roadway location on figure
 Figure 3 illustrates an overview of functional classifications of the roadways adjacent to the site.
The specific characteristics and functional classifications are detailed in Table 1.

Table 1. Characteristics and Functional Classification of Surrounding Roadways
Street Name Characteristics Functional Classification Speed Limit
SE 6th Street Five Lane with a Two-Way Left-Turn Lane Minor Arterial 45 mph
SE Croco Road Three Lane with a Two-Way Left-Turn Lane Minor Arterial 40 mph
SE Rice Road Two Lane Major Collector 30 mph
SE Deer Crk Pkwy Four Lane Divided Major Collector 45 mph




Figure 3. Topeka Roadway Functional Classification Maps
(Source:https://www.ksdot.gov/Assets/wwwksdotorg/bureaus/burTransPlan/maps/FunclassMaps/Urban/
Topeka.pdf)

2.2 Existing Land-Use
 The planned truck and semi-trailers parking facility is located on a 38.50-acre site, under the
ownership of Reser's Fine Foods, INC, and is identified by the parcel ID 1083404001031000. Presently,
the land use category is 1199-Accessory Residential. Figure 4 provides detailed location information for
the development site, including property address, parcel number, owner information.

 Page 6
 Cook, Flatt & Strobel Engineers, P.A.

 To the north and west of the site lies a residential area classified as 1101-Single Family
Residence (Detached). On the eastern side of the site is Reser’s Fine Foods (Crossroads), categorized as
3110-Food and Beverage Manufacturer. To the south of the site, across SE 6th Street, there is a Casey's
pizza store with a gas station, classified under land use category 2152-Convenience Store. Adjacent to it
is Wood N Stuff Cabinets, INC, falling under the category of 3400-Miscellaneous Manufacturing.
Additionally, there is a residential area classified as 1165-Manufactured Home Park.



 Text is grainy and difficult to
 read when printed




Figure 4. Existing Property Information (Source: https://gis.sncoapps.us/propertysearch/index.html)

 Considering the intention to relocate all truck and semi-trailer parking from warehouses and food
manufacturers under Reser's Fine Foods, INC to the new parking facility, the land use category of each
warehouse or food manufacturer was examined, as illustrated in Figure 4 and Figure 5. In Figure 4, to
the east of the proposed parking facility, the land use classification (Site 6) is 3110-Food and Beverages

 Page 7
 Cook, Flatt & Strobel Engineers, P.A.

Manufacturers. Within Figure 5, Site 4 is located at the southwest corner of SE 6th Street & SE Deer
Creek Parkway, with a land use category classified as 3660-Cold Storage Warehouse; Site 5 is
positioned at the southeast corner of SE 6th Street & SE Deer Creek Parkway, and its land use category
is classified as 3111-Meat Product Manufacturer. Site 1, 2, and 3 are all located at the northwest corner
of SE Deer Creek Parkway & Ramp of I-70 and are adjacent to each other. The land use category for
Site 1 and 3 is classified as 3660-Cold Storage Warehouse, while Site 2 is categorized as 3111-Meat
Product Manufacturer.




 Same comment as
 Figure 4. Good
 information and
 helpful to
 understand the
 overall operation




Figure 5. Existing Warehouses and Manufacturers Property Information Along SE Deer Crk Pkwy
(Source: https://gis.sncoapps.us/propertysearch/index.html)

 Page 8
 Cook, Flatt & Strobel Engineers, P.A.

2.3 Existing Zoning
 The current zoning class designated for the proposed parking facility is RR1-Residential Reserve
District, as illustrated in Figure 6. To the west and north of the site, there are residential areas classified
under the zoning class RR1-Residential Reserve District. To the east of the site lies Reser’s Fine Foods
(Crossroads), zoned as PUD-Planned Unit Development. On the south side of the site, across SE 6th
Street, the zoning class for Casey's store with the gas station is C4-Commercial District. Adjacent to it,
the zoning class for Wood N Stuff Cabinets, INC, is l1-Light Industrial District. East of the cabinet
maker, there is a small commercial area zoned as C4-Commercial District. Additionally, there is a
residential area zoned as M2-Multifamily Dwelling District.




Figure 6. Existing Zoning Map
(Source:https://topeka.maps.arcgis.com/apps/webappviewer/index.html?id=b7452fa2680e42f08e41a998
831b19eb)

 The zoning of properties under Reser's Fine Foods, INC., along SE Deer Creek Parkway, was
also checked. As illustrated in Figure 7, the zoning classifications for Site 1-5 are all l1-Light Industrial
District.


 Page 9
 Cook, Flatt & Strobel Engineers, P.A.




Figure 7. Existing Zoning Map Along SE Deer Creek Parkway
(Source:https://topeka.maps.arcgis.com/apps/webappviewer/index.html?id=b7452fa2680e42f08e41a998
831b19eb)
 Traffic data correct. Document
3. Existing Conditions assumptions that a direction
 distribution of 50/50 was used
3.1 Existing Traffic Volume to estimate direction daily
 volumes
 The Annual Average Daily Traffic (AADT) data for surrounding roadways were obtained from
the KDOT Urban City Traffic Count Map (see Figure 8). The detailed traffic volume data has been
summarized in Table 2.

Table 2. Summary of Traffic Volumes on Surrounding Roadways
Street Name Annual Average Daily Traffic (AADT) Volumes in each Direction
SE 6th Street 5,915 5,915/2 = 2,958 (EB) 5,915/2 = 2,957 (WB)
SE Croco Road 4,700 4,700/2 = 2,350 (NB) 4,700/2 = 2,350 (SB)
SE Rice Road 1,150 1,150/2 = 575 (NB) 1,150/2 = 575 (SB)
SE Deer Creek Parkway 3,800  3,800/2 =1,900 (NB) 3,800/2 =1,900 (SB)




 Page 10
 Cook, Flatt & Strobel Engineers, P.A.




Figure 8. Topeka Traffic Count Maps
(Source:https://www.ksdot.gov/Assets/wwwksdotorg/bureaus/burTransPlan/maps/CountMaps/Cities/top
eka.pdf )

3.2 Existing Sidewalk and Bike Route
 According to the Topeka Bike Routes by KDOT (see Figure 9), the Deer Creek Trail located on
the eastern side of SE Deer Creek Parkway serves as a bike path. In addition to this, there is no bike path
along SE 6th Street, SE Rice Road, and SE Croco Road.

 Sidewalks are present on both sides of SE 6th Street from SE Deer Creek Parkway to SE Rice
Road. Additionally, there is a sidewalk along the north side of SE 6th Street from SE Rice Road to SE
Croco Road. However, no sidewalk is present along SE 6th Street east of SE Croco Road.


 Add an exhibit would
 be beneficial




 Page 11
 Cook, Flatt & Strobel Engineers, P.A.




Figure 9. Topeka Bike Routes Map by KDOT
(Source: https://biketopeka.com/bike-topeka-map/)


4. Projected Traffic
4.1 Background (Future No-Build) Forecasting
 As indicated by data from the United States Census Bureau (Source:
https://www.census.gov/quickfacts/fact/table/topekacitykansas/PST045223), the population of Topeka
City, Kansas, was 127,473 on April 1, 2010, and decreased to 126,587 on April 1, 2020. This indicates a
population decline over the decade from 2010 to 2020. Upon further examination, the population for the
year 2000 was recorded at 122,377. Therefore, the population figures for the year 2000 and 2020 were
utilized to calculate the growth rate. The annual constant percent growth rate is calculated utilizing the
formula (126,587/122,377)^(1/20) - 1, resulting in a rate of 0.17%. This 0.17% annual constant percent
growth rate is employed for projecting future traffic conditions in the year 2044. The determination of
the growth factor constant followed this calculation:

 Growth Factor Constant = (1 + Constant % Growth Rate) ^ Projected Years
 = (1 + 0.0017) ^ (2044-2020)
 = 1.04

 The 1.04 growth factor was applied to the existing traffic volumes to account for growth of
background traffic conditions over the next two decades. Detailed calculations are presented in Table 3.



 On future studies please look at historical traffic
 volumes. Traffic volumes in this area have
 Pagebeen
 12 level
 so very little. Some roads have actually decreased.
 Fine for this project and good assumption to have
 some growth
 Cook, Flatt & Strobel Engineers, P.A.

 Table 3. Summary of Traffic Volumes on Surrounding Roadways in Year 2044
 Street Name Annual Average Daily Traffic (AADT) Volumes in each Direction
 SE 6th Street 5,915*1.04 = 6,152 6,152/2 = 3,076 (EB) 6,152/2 = 3,076 (WB)
 SE Croco Road 4,700*1.04 = 4,888 4,888/2 = 2,444 (NB) 4,888/2 = 2,444 (SB)
 SE Rice Road 1,150*1.04 = 1,196 1,196/2 = 598 (NB) 1,196/2 = 598 (SB)
 SE Deer Creek Parkway 3,800*1.04 = 3,952 3,952/2 = 1,976 (NB) 3,952/2 = 1,976 (SB)

Can you please explain how the truck volume
 4.2 Build Forecasting
data was derived? Is this based on existing
 4.2.1 Prediction
traffic operations of Truck Volumes
 and anticipated operation
growth between facilities. Data source for this
 Based on the information currently available, upon the completion of the new parking facility,
case appears to be data from the client, which
is okay tothe
 usevolume
 for thisofstudy
 trucks
 butand  semi-trailers
 just reference is anticipated to increase from 9 to 12 per hour. From a daily
the source.standpoint,  this  translates to  an increase from 170 to 212 per day, and from a weekly perspective, the
 figure is expected to elevate from 1,190 to 1,484 per week. Table 4 illustrates the specific details
 regarding the volumes of trucks and semi-trailers.

 Table 4. Truck and Semi-Trailer volumes on SE 6th Street
 Timeline Hourly Daily Weekly
 Current 9 170 1,190
 After Construction 12 212 1,484

 4.2.2 Truck Volumes Distribution
 Upon the completion of construction, it is anticipated that approximately 60 trucks and
 semi-trailers originating from the parking facility will travel in an eastbound direction on SE 6th Street.
 They will continue their route towards Hwy 40, subsequently accessing I-70. Simultaneously, a
 corresponding reduction of 60 southbound trucks andtrucks
 Do the semi-trailers
 currentlyon SE
 accessDeer
 I-70Creek  Parkway is
 from Deer
 expected. Creek? With the new parking lot, trucks will
 now leave from Site 6 to access I-70 and will
 not need to go back to Deer Creek site?
 The movements of trucks and semi-trailers are essential for loading and unloading activities
 between warehouses and manufacturers. However, due to a lack of specific information on the exact
 number of trucks and semi-trailers for each manufacturer-warehouse pairing, we have made two
 assumptions in this study: 1) The number of trucks and semi-trailers traveling between the warehouses
 and Crossroads on SE 6th Street is consistent in both eastbound and westbound directions. 2) After
 construction, all added truck and semi-trailer trips are attributed to be eastbound on SE 6th Street.
 Figure 10 illustrates the current circulation volume and pathway of trucks and semi-trailers on SE 6th
 Street. Meanwhile, Figure 11 depicts the after-construction circulation volume and pathway of trucks
 and semi-trailers on SE 6th Street. Table 5 offers a summary of the traffic volumes on nearby roadways
 following the construction. Additionally, Table 6 provides a summary of the projected traffic volumes
 on nearby roadways after the construction in the year 2044.



 Page 13
 Cook, Flatt & Strobel Engineers, P.A.




 Is this based on actual data
 from client? Good
 information




Figure 10. Existing Truck and Semi-Trailer Daily Trips Distribution




 Page 14
 Cook, Flatt & Strobel Engineers, P.A.




 Please explain where
 42 came from ?
 Similar comment from
Figure 11. After Construction Truck and Semi-Trailer Daily Trips Distributionpage 13

Table 5. After-Construction Surrounding Roadway Daily Traffic Volume Summary
Street Name AADT Volumes in each Direction
SE 6th Street 5,915 2,958+42 = 3,000 (EB) 2,957 (WB)
SE Croco Road 4,700 2,350 (NB) 2,350 (SB)
SE Rice Road 1,150 575 (NB) 575 (SB)
SE Deer Creek Parkway 3,800 1,900+42 = 1,942 (NB) 1,900-60 = 1,840 (SB)

Table 6. After-Construction in Year 2044 Surrounding Roadway Daily Traffic Volume Summary
Street Name AADT Volumes in each Direction
SE 6th Street 5,915*1.04 = 6,152 3,076+42 = 3,118 (EB) 3,076 (WB)
SE Croco Road 4,700*1.04 = 4,888 2,444 (NB) 2,444 (SB)
SE Rice Road 1,150*1.04 = 1,196 598 (NB) 598 (SB)
SE Deer Creek Parkway 3,800*1.04 = 3,952 1,976+42 = 2,018 (NB) 1,976-60 = 1,916 (SB)




 Page 15
 Please include a figure, or
 Cook, Flatt & Strobel Engineers, P.A. photos from the location.
 Also, the extent of the current
 obstruction and the amount it
5. Analysis of Traffic and Improvements has to be changed to make it
5.1 Site Access Performance work is also not clear.

 Intersection Sight Distance (ISD) is assessed for the access point on SE 6th Street. ISD
represents the distance the driver of a vehicle approaching an intersection needs to have an unobstructed
view of the entire intersection, including any traffic control devices, and sufficient lengths along the
intersecting major roadway to permit the driver on the approaching roadway to anticipate and avoid
potential collisions. According to the KDOT Access Management Policy Table 4-14, the Intersection
Sight Distance (ISD) for a Left-Turn on a 4-Lane Highway with a posted speed of 45 mph is specified as
530 feet. Following a careful examination of the proposed access point location on SE 6th Street and an
assessment of the roadway vertical profile of SE 6th Street, it has been observed that the view of
vehicles may be obstructed by trees and shrubs near the access. Upon the removal of these trees and
shrubs in close proximity to the access, visibility at the access point is anticipated to be significantly
improved.

 Stopping Sight Distance (SSD) is also evaluated for the access point on SE 6th Street. The SSD
should be measured in order to determine if there is sufficient sight distance to enable a vehicle traveling
at the posted speed limit to stop before reaching an object in its path. The designated speed limit on SE
6th Street is 45 mph. In accordance with the KDOT Access Management Policy Table 4-11, the
Stopping Sight Distance (SSD) for level terrain is specified as 360 feet when the posted speed limit is 45
mph. Similarly, the trees and shrubs near the access point may obstruct the view of eastbound and
westbound vehicles on SE 6th Street. Except for this matter, there is no stopping sight distance concern.

 Corner clearance is the distance required between a highway intersection and the nearest access
on the crossroad at a corner development. According to KDOT Access Management Policy Table 4-10,
the minimum corner clearance specified for the developed area is 115 feet. The proposed access point on
SE 6th Street satisfies this warrant.

 In the roadway segment of SE 6th Street between SE Rice Road and SE Croco Road, there exists
a sidewalk positioned on the northern side of SE 6th Street. Therefore, the construction of the new
access point and sidewalk should adhere to KDOT standards.
 Please provide a site circulation figure to
5.2 Circulation Review document how truck circulate on site. Also,
 please confirm that trucks will not impact and
 At present, trucks and semi-trailers undergo loading
 will stay clearand unloading
 of 6th procedures
 Ave when accessing at Reser’s
 gate.
Crossroads, after which they retrace their path to return to their respective distribution centers for
parking. For departures, trucks and semi-trailers follow a southbound route along SE Deer Creek Pkwy
to access I-70. Following the completion of construction, the parking of trucks at all distribution centers
along SE Deer Creek Pkwy will be consolidated and centralized to the new parking facility. For
outbound journeys, an estimated 60 trucks and semi-trailers from the new parking facility are expected
to travel eastbound on SE 6th Street, proceed towards Hwy 40, and then access I-70. Concurrently, there

 Page 16
 Cook, Flatt & Strobel Engineers, P.A.
 In previous section
will be a corresponding reduction of approximately 60 (4.2.1),
 southboundthere
 trucks
 wasandansemi-trailers on SE Deer
Creek Parkway. After construction, all added truck and increase documented.
 semi-trailer trips are attributed to be eastbound
on SE 6th Street. Please  summarize in
 this section too

6. Conclusion and Recommendation
 With the proposal of a new parking facility on the west side of Crossroads and the planned
consolidation of truck parking from all distribution centers along SE Deer Creek Parkway to this new
facility, this Level 2 traffic impact study is designed to evaluate the effects of changes in the circulation
patterns of trucks and semi-trailers on the surrounding roadways. Currently, the daily traffic on SE 6th
Street comprises approximately 170 trips (85 westbound trips, 85 eastbound trips) made by trucks and
semi-trailers. Following the construction of the new parking facility, the daily volume of trucks and
semi-trailers is expected to rise from approximately 170 trips to around 212 trips (85 westbound trips,
127 eastbound trips). It is anticipated that approximately 60 trucks and semi-trailers originating from the
parking facility will travel in an eastbound direction on SE 6th Street. They will continue their route
towards Hwy 40, subsequently accessing I-70. Simultaneously, a corresponding reduction of 60
southbound trucks and semi-trailers on SE Deer Creek Parkway is expected.

 In the roadway segment of SE 6th Street between SE Rice Road and SE Croco Road, there exists
a sidewalk positioned on the northern side of SE 6th Street. Therefore, the construction of the new
access point and sidewalk should adhere to KDOT standards.
 City of Topeka standards
 Following an examination of the Intersection Sight Distance (ISD) and Stopping Sight Distance
(SSD) at the proposed access point on SE 6th Street, the recommendation is to clear the trees and shrubs
located on both sides of the access.

 Need to illustrate on
 an exhibit in previous
 sections




 What is your recommendation?




 Page 17
‭(PUD 16/5B)‬
 ‭Reser’s Truck Parking Lot‬ ‭3/14/24‬
  ‭Neighborhood Information Meeting Summary‬


‭Attendees‬

‭Public: see attached sheets‬

‭City of Topeka:‬ ‭Rhiannon Friedman‬
 ‭Dan Warner‬
 ‭Mike Hall‬
 ‭Annie Driver‬

‭CFS Engineers:‬ ‭Kevin Holland‬
 ‭Travis Haizlip‬

‭Reser’s:‬ ‭Brian Thurlow‬




‭Issues / Clarifications:‬

 ‭●‬ ‭What is the parking space count / 250 spaces phase III, additional 150 spaces in‬
 ‭phase IV.‬

 ‭●‬ ‭How full will the parking lot be / It is designed to operate at full capacity but will‬
 ‭more than likely never be full.‬

 ‭●‬ ‭Will there be a noise barrier / The trees and grading will provide a natural barrier‬
 ‭and the new parking lot will follow the City of Topeka noise ordinance code.‬

 ‭●‬ ‭Noise pollution from existing plant / The existing plant operates under the current‬
 ‭approved PUD regulations and the resulting operational noise created falls within‬
 t‭he City of Topeka noise ordinance limits. A topic for the Planning Commission‬
 ‭meeting.‬

 ‭●‬ ‭Will these improvements cause an increase in traffic / It should actually reduce‬
 t‭ruck traffic.‬




 ‭1‬
‭●‬ ‭How will the fence height be / The fence heights will be approved through the site‬
 ‭plan process at the City of Topeka.‬

‭●‬ ‭What are the locate flags on the east side of Croco / the flags are placed along‬
 ‭both sides of the road per standard procedure from the tickets called in. Nothing‬
 i‭s happening along the east side of Croco at this time.‬

‭●‬ ‭Truck lights glaring through neighbors windows / Lighting from the operations‬
 t‭aking place at the existing plant are within current code approved through‬
 ‭previous PUD. A topic for the Planning Commission meeting.‬

‭●‬ ‭Snow plows pushing snow onto neighbors drive / This would be a City of Topeka‬
 ‭Public Works operational issue and not necessarily a concern for Reser’s.‬

‭●‬ ‭Will this make us have to annex our property into the city / These improvements‬
 ‭will not cause neighbors to have to annex.‬

‭●‬ ‭Will this affect my property value / There are no indicators that these parking lot‬
 i‭mprovements will affect property values in the area.‬

‭●‬ ‭The truck circulation at the plant needs improvement / Will take this information‬
 t‭o the owner for consideration to see if adjustments should be made. The‬
 ‭approved PUD states circulation on the north side of the existing building is‬
 ‭permitted.‬

‭●‬ ‭The landscaping doesn’t look like I thought it should / All landscaping was done‬
 ‭as per the landscape plan approved by the City of Topeka & is complete.‬

‭●‬ ‭Will everything be fenced / Around the parking lot & through the route to the‬
 ‭existing plan with additional fencing around parts of the north, south & western‬
 ‭parking lot property perimeter. Fencing will follow City of Topeka design‬
 ‭standards & guidelines.‬

‭●‬ ‭Noise pollution from idling trucks at the existing facility / The decibel level of the‬
 t‭rucks falls within the current City of Topeka code. A topic for the Planning‬
 ‭Commission meeting.‬




 ‭2‬
‭●‬ ‭Light pollution from the existing plant onto the east side of Croco Rd / Lighting‬
 ‭was installed per plans approved through the City of Topeka and operate within‬
 l‭ighting regulations set upon the approved PUD. A topic for the Planning‬
 ‭Commission meeting.‬

‭●‬ ‭When & where is the Planning Commission meeting / April 15th, 2024, 6pm at‬
 t‭he Topeka City Council chambers.‬




 ‭3‬
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 June 18, 2024


DATE: June 18, 2024
CONTACT PERSON: Dan Warner, AICP, DOCUMENT #:
 Planning Division
 Director
SECOND PARTY/SUBJECT: 4BSC, LLC PROJECT #: A24/3
CATEGORY/SUBCATEGORY 014 Ordinances – Non-Codified / 001 Annexation
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

ORDINANCE introduced by Interim City Manager Richard U. Nienstedt annexing land to the City of
Topeka, Kansas, in accordance with K.S.A. 12-520(7), located at 6545 SW 10th Avenue and 6549 SW
10th Avenue within unincorporated Shawnee county, Kansas and adjacent to the City of Topeka
corporate limits, and said land being annexed for all City purposes. (A24/3) (Council District No. 9)

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

(Annexation of 57.9 acres to construct a multi-level driving range with accessory uses. The tract will be
assigned to Council District No. 9)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to approve the annexation of 57.9 acres located at 6545 SW 10th Avenue and 6549 SW 10th Avenue.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to adopt the ordinance.
BACKGROUND:
4BSC, LLC has requested annexation of 57.93 acres located at 6545 SW 10th Avenue and 6549 SW 10th
Avenue. The owner will construct a multi-level driving range with accessory bar and event spaces at the location
of an existing driving range.
Land Use and Growth Managment Plan 2040
The property lies within Tier 3 of the Urban Growth Area. Tier 3 areas comprise the bulk of the UGA outside of
Tier 1. Developing these areas requires graduating services to Tier 2, meaning, it is cost effective for the City to
make investments for all of the urban services in the area.

The subject property is designated as Urban Growth Area (mixed-use). The development of the driving range is
consistent with a recreational use within that designation.

Street Network
SW 10th Avenue is a two-lane minor arterial, which will be annexed to the centerline by the City. No new public
roads are anticipated with the development. The existing private drive will serve the property.

The Topeka Planning commission reviewed the annexation proposal at their meeting on May 20, 2024, and found
the annexation to be consistent with the City's Land Use and Growth Management Plan.

While state law does not require that annexation be reviewed by the Planning Commission, the City's adopted
Comprehensive Land Use and Growth Management Plan 2040 requires that the Planning Commission make a
determination that annexation of 10 acres or more are consistent with the plan.
BUDGETARY IMPACT:
Utilities and Services:
There are no additional costs to serve the proposed annexation for Fire, Police, and Forestry.

Streets
Due to the south side of SW 10th Avenue being annexed, streets will incur an additional budget of $8,800 for
operations and maintenance.

Water
Annexation of the property will lead to a loss of $3,383 per year in revenue due to a change in utility rates.

Sewer
Annexation of the property will lead to a loss of $3,291 per year in revenue due to a change in utility rates.

Stormwater
Annexation will generate a revenue of $7,220 per year.
SOURCE OF FUNDING:
Not Applicable

ATTACHMENTS:
Description
Ordinance
A24/03 Aerial Map
Memo to Planning Commission (May 20, 2024)
Annexation Fact Sheet
Topeka Planning Commission Minutes (May 20, 2024)
 (Published in the Topeka Metro News __________________)

 ORDINANCE NO. ________________________

AN ORDINANCE introduced by interim City Manager Richard U. Nienstedt annexing land to the
City of Topeka, Kansas, in accordance with K.S.A. 12-520, located at 6545 SW 10th Avenue and
6549 SW 10th Avenue, within unincorporated Shawnee County, Kansas and adjacent to the City of
Topeka corporate limits, and said land being annexed for all City purposes. (A24/3) (Council
District No. 9)

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

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

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

Kansas:

TRACT I:

Part of the Southwest Quarter of Section 32, Township 11 South, Range 15 East of the 6th P.M.,

Shawnee County, Kansas, described as follows: Beginning at a point 1,455.0 feet East of the

Northwest corner of said Southwest Quarter; thence South, at right angles to the North line of said

Southwest Quarter, 356.0 feet; thence East, parallel to the North line of said Southwest Quarter,

207.0 feet; thence North 356.0 feet; thence West 207.0 feet to the point of beginning.

TRACT II:

The North half of the Southwest Quarter of Section 32, Township 11 South, Range 15 East of the

6th P.M., Shawnee County, Kansas, EXCEPT beginning at the Northwest corner thereof; thence

East 1,136.5 feet; thence Southerly to the South line of the North half of said Southwest Quarter to

a point 1,130.5 feet East of the Southwest corner of the North half of said Southwest Quarter;

thence West, along said South line, 1,130.5 feet to the Southwest corner of the North half of said

Southwest Quarter; thence North to the point of beginning; AND ALSO EXCEPT beginning at a

point 1,455.0 feet East of the Northwest corner of said Southwest Quarter; thence South, at right

angles to the North line of said Southwest Quarter, 356.0 feet; thence east, parallel to the North line
of said Southwest Quarter, 207.0 feet; thence North 356.0 feet; thence West 207.0 feet to the point

of beginning; AND ALSO EXCEPT beginning at the Northeast corner of said Southwest Quarter;

thence West, along said North line, 797.7 feet; thence Southeasterly 544.9 feet to a point 458.6

West and 429.3 feet South of said Northeast corner; thence Southeasterly 527.2 feet to a point

169.5 feet West and 872.5 feet South of said Northeast corner; thence Southeasterly to a point on

the East line of said Southwest Quarter, 1,087.1 feet South of said Northeast corner; thence North,

along said East line, to the point of beginning.

TRACT III:

The North half of the Southeast Quarter of the Southwest Quarter of Section 32, Township 11

South, Range 15 East of the 6th P.M., Shawnee County, Kansas.

TRACT IV:

Part of the North half of the Southeast Quarter of Section 32, Township 11 South, Range 15 East of

the 6th P.M., Shawnee County, Kansas, described as follows: Beginning at the Southwest corner of

said North half of said Southeast Quarter; thence East approximately 195 feet to the West right of

way line of Interstate 470 Highway; thence Northwesterly approximately 316 feet along said right of

way line to the West line of said Southeast Quarter; thence South, along said West line,

approximately 250 feet to the point of beginning.



TRACT V:

Part of the West half of the Southeast Quarter of Section 32, Township 11 South, Range 15 East of

the 6th P.M., Shawnee County, Kansas, described as follows: Beginning at the Northwest corner of

the Southwest Quarter of said Southeast Quarter thence East on Az 90 degrees 22 minutes 20

seconds, 186.92 feet coincident with the North line of said Southwest Quarter of the Southeast

Quarter to the West right of way line of Interstate 470 Highway; thence on Az 142 degrees 11
minutes 03 seconds, 254.46 feet coincident with the West right of way line of said Interstate 470

Highway; thence on Az 270 degrees 22 minutes 20 seconds, 344.35 feet to the West line of said

Southeast Quarter; thence on Az 0 degrees 24 minutes 18 seconds, 200 feet coincident with the

West line of said Southeast Quarter to the point of beginning.

 And

A tract of land in the Northwest Quarter of Section 32, Township 11 South, Range 15 East of the 6 th

P.M. in Shawnee County, Kansas, described as follows: BEGINNING at the Northeast corner of

Red Oaks Place Subdivision, which is 1136.50 feet East of the Southwest corner of said Quarter

Section as measured along the South line of said Quarter Section; thence East along the South line

of said Quarter Section to the Westerly right of way line of existing U.S. Interstate Highway 470,

thence Northwesterly along said Westerly right of way line to the North right of way line of existing

10th Avenue, thence Westerly along the said North right of way line to its intersection with the

extension of the East line of said Red Oaks Place extend North, thence South along said extension

of said East line to the POINT OF BEGINNING. The above described tract contains 0.63 acre

(27,635 sq. ft.), more or less.



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

part of the City for all City purposes and is assigned to City Council District No. 9.

 Section 3. This Ordinance shall take effect and be in force from and after its passage,

approval and publication in the official city newspaper.

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

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

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

_______________________, 2024.

 ____________________________
 Michael A. Padilla, Mayor
ATTEST:

_________________________________
Brenda Younger, City Clerk
 To Be Codified _______
 Not To Be Codified ___X___
 Planning Division Dan Warner, AICP, Planning Division Director
 620 SE Madison, Unit 11 Tel: 785-368-3728
 Topeka, KS 66607 www.topeka.org




MEMORANDUM
 To: Topeka Planning Commission
 From: Dan Warner, AICP; Planning Division Director
 Date: May 20, 2024
 RE: A24/03 – Annexation request by 4BSC, LLC for the two parcels
 addressed 6545 and 6549 SW 10th Avenue
Proposal
4BSC, LLC has consented to annexation of 57.93-acres located at 6545 SW 10th Avenue
and 6549 SW 10th Avenue (see Map 1). The owner will construct a multi-level driving
range with accessory bar and event spaces at the location of an existing driving range
(see Map 2).

The properties are already connected to City of Topeka water and sanitary sewer and
requires no additional extension. Annexation of this property is appropriate as it will make
for a cohesive City boundary, as the property is surrounded by the City on three sides
and already utilizes City utilities.

Background
Unilateral annexations of this type, one in which the property owner has consented to the
annexation and the property is contiguous to the City, requires City of Topeka Governing
Body approval. However, the Land Use and Growth Management Plan 2040 (LUGMP)
established a policy that the Planning Commission review annexations greater than 10
acres for consistency with growth management principles of the LUGMP.

LUGMP Review
The property lies within Tier 3 of the Urban Growth Area (see Map 1). Tier 3 areas are
the bulk of the UGA outside of Tier 1. Generally speaking, Tier 3 areas of the UGA are
not ready for urbanization because investments have not been made in all five of
Topeka’s urban services (fire, police, water, sewer, and streets).

All five of the required services are available to the site because it fronts SW 10th Avenue
and the City boundary outlines the property on three sides. The properties are already
connected to water and sewer, which are located along SW 10th Avenue. The
development will take access from the two-lane minor arterial SW 10th Avenue, which is
already annexed to the east and west of the property. The City of Topeka Public Works
Department is already responsible for the maintenance for this segment of road. City of

 Ci ty o f T o p e k a P l a n n i n g & D e v e l o p m e n t D e p a r tm e n t
Topeka Fire Department and Police Department already serve the developments to the
west of the proposed annexation and have no issue with the proposal.


The subject property is designated as Urban Growth Area (Mixed-Use) and identified as
Tier 3 by the Topeka Future Land Use Map (see Maps 1 & 3). As addressed above, the
property has all five services available and has graduated into Tier 2 of the Urban Growth
Area. The proposed use aligns with the Future Land Use identified in the Land Use and
Growth Management Plan 2040.

Street Network
Future access to the improved driving range will continue from SW 10th Avenue, which is
a two-lane minor arterial.

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


Map 1 – Property Location Relative to the UGA




 Page 2 of 4
Map 2 – Preliminary concept




 Page 3 of 4
Map 3 – Future Land Use




 Attachments:
 Sports Center Annexation Fact Sheet




 Page 4 of 4
 Annexation Proposal
 Properties located at 6545 & 6549 SW 10th Avenue
 Fact Sheet & Department Comments
 Site

Address/Location: 6545 SW 10th Avenue & 6549 SW 10th Avenue
Owner: 4BSC LLC
Size: Approximately 57.93 acres
Existing Land Use: Outdoor recreation including miniature golf, golf driving range, and a single-family
home
Proposed Land Use: Outdoor recreation including miniature golf, golf driving range, and a single-family
home
Subdivision: Plat to be submitted following annexation

 Planning

Existing Zoning: RR-1
Proposed Zoning: RR-1 with Conditional Use Permit for expansion of the golf and recreation center
Current Population: 2 residents
Projected Population: 2 residents
Density: N/A
Comprehensive Plan: Urban Growth Area – Service Tier 3
Primary Service Area (Sewer Required): Sewer service is available by a twelve-inch collector line along
the east side of the property and an eight-inch collector line running along the north side of the
property.
Urban Growth Area Map




 City of Topeka Planning Department
 5/20/2024
 Page 1
 Annexation Proposal
 Properties located at 6545 & 6549 SW 10th Avenue
 Fact Sheet & Department Comments

Preliminary concept for future development




 Annexation Procedure

Contiguous?: Yes

Consent?: Yes. Owner provided a written consent.

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

Approval Method: COT governing body passes ordinance.

 Revenue/Expenses Estimates

Property tax revenue to the City of Topeka in 2024 would be approximately $8,800 before any
development takes place. Future annual property tax revenue to the City of Topeka upon build-out of
the driving range improvements is estimated to be around $16,925 or more dependent on the appraised


 City of Topeka Planning Department
 5/20/2024
 Page 2
 Annexation Proposal
 Properties located at 6545 & 6549 SW 10th Avenue
 Fact Sheet & Department Comments
value of the new development. Current property tax revenue to Mission Township was $4,557 in 2023,
but would be projected to be $8,711 upon build out.

The site currently is connected to City water and wastewater. Annexation of the property will cause a
reduction in utility rates for City Water and Wastewater. Future annual COT Stormwater revenue to the
City of Topeka upon development of the property is estimated to be approximately $7,220. Annexation
of the property will decrease the revenue from City wastewater and water the property will lead to a loss
in revenue of $6,674. The annual utility revenues will be $546.

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

Streets will incur additional operations or maintenance cost of $8,800 due to the property being annexed.
This is related to the annexation of SW 10th Avenue.

Stormwater will not have additional annualized infrastructure operational and replacement cost but will
have an annualized revenue of $7,220.

Water will not have additional annualized infrastructure operational and replacement cost but will have
an annualized loss of $3,383.

Sanitary sewer will not have additional annualized infrastructure operational and replacement cost but
will have an annualized loss of $3,291.

 Utility and Service Providers

 Current Proposed
 Water COT COT
 Wastewater COT COT
 Fire Mission Township COT
 Police Shawnee County COT
 Streets – Local Shawnee County Public Works COT
 Parks Shawnee County Shawnee County
 Governing Body Shawnee County (#1) COT (#9)

Utilities
The subject property is proposed to remain a golf course/driving range and a single-family home. An
additional connection to the sanitary sewer main is anticipated, however, the existing development and
proposed expansion will not require the extension of public water or sewer mains.

Streets
The proposed development will utilize the existing SW 10th Avenue (minor arterial) for access. Private
drives will be utilized for interior circulation and privately owned by 4BSC, LLC. The annexation of SW 10th
Avenue will result in a maintenance and replacement cost to the City of $8,800 per year.

Metro Bus Service
Metro Service currently ends 0.65 miles to the east at the intersection of SW 10 th Avenue and SW
Wanamaker Road.


 City of Topeka Planning Department
 5/20/2024
 Page 3
 Annexation Proposal
 Properties located at 6545 & 6549 SW 10th Avenue
 Fact Sheet & Department Comments




 Ability to Provide Adequate Public Services
 FIRE

1) What is the estimated cost (operational and capital) to your Department/Division to provide
 adequate service to the proposed annexation?
 No Additional.

2) Can the estimated cost of service be carried out under your current or anticipated future
 budget? If not, what would it take to do so?
 Yes

3) Describe any other issues that would affect your ability to provide adequate service to the
 annexation area, or impact service levels to existing residents/businesses of the city.
 No additional impacts are anticipated.

 Ability to Provide Adequate Public Services
 FORESTRY

1) What is the estimated cost (operational and capital) to your Department/Division to provide
 adequate service to the proposed annexation?
 No major cost to department

2) Can the estimated cost of service be carried out under your current or anticipated future
 budget? If not, what would it take to do so?
 Yes

3) Describe any other issues that would affect your ability to provide adequate service to the
 annexation area, or impact service levels to existing residents/businesses of the city.
 Single small annexations can be taken care of by forestry with no major impacts to operating
 budget. However, the cumulative effects of multiple annexations will ultimately not be
 sustainable.


 Ability to Provide Adequate Public Services
 POLICE

1) What is the estimated cost (operational and capital) to your Department/Division to provide
 adequate service to the proposed annexation?
 The cost for providing service to this area for TPD would be minimal and easily absorbed by our
 current personnel.




 City of Topeka Planning Department
 5/20/2024
 Page 4
 Annexation Proposal
 Properties located at 6545 & 6549 SW 10th Avenue
 Fact Sheet & Department Comments
2) Can the estimated cost of service be carried out under your current or anticipated future
 budget? If not, what would it take to do so?
 Yes. I don’t see an impact to the current or future budget.

3) Describe any other issues that would affect your ability to provide adequate service to the
 annexation area, or impact service levels to existing residents/businesses of the city.
 I don’t foresee any issues from this potential annexation that would impact current
 service levels to our existing call load.


 Ability to Provide Adequate Public Services
 STREETS

 1) What is the estimated cost/benefit of providing adequate service to the proposed
 annexation (in current year $s):
 $8,800 per year

 2) Can the estimated cost of service be carried out under your current or anticipated future
 budget? If not, what would it take to do so?
 Not at current funding levels. Will need to explore in future increase funding for street
 maintenance and pavement management program.

 3) Describe any other issues that would affect your ability to provide adequate service to the
 annexation area, or impact service levels to existing residents/businesses of the city.
 N/A

 Ability to Provide Adequate Public Services
 STORMWATER

 1) What is the estimated cost/benefit of providing adequate service to the proposed
 annexation (in 2024 $s):
 a. Estimate annualized operations/maintenance cost over the lifecycle of the assets
 No additional cost. All infrastructure existing.
 b. Estimate annualized replacement cost of the asset This is based on 100-year
 replacement cycle.
 No additional cost. All infrastructure existing.
 c. Estimate annualized revenue over the lifecycle of the assets.
 $7,220

 2) Can the estimated cost of service be carried out under your current or anticipated future
 budget? If not, what would it take to do so?
 Yes

 3) Describe any other issues that would affect your ability to provide adequate service to the
 annexation area, or impact service levels to existing residents/businesses of the city.
 No other issues known at this time.


 City of Topeka Planning Department
 5/20/2024
 Page 5
 Annexation Proposal
 Properties located at 6545 & 6549 SW 10th Avenue
 Fact Sheet & Department Comments
 Ability to Provide Adequate Public Services
 WASTEWATER

1) What is the estimated cost/benefit of providing adequate service to the proposed
 annexation (in 2024 $s):
 a. Estimate annualized operations/maintenance cost over the lifecycle of the assets
 No additional cost. All infrastructure existing.
 b. Estimate annualized replacement cost of the asset This is based on 100-year
 replacement cycle.
 No additional cost. All infrastructure existing.
 c. Estimate annualized revenue over the lifecycle of the assets).
 Estimated to be a loss of $3,291 due to this already being connected and a lower
 utility rate following annexation.

2) Can the estimated cost of service be carried out under your current or anticipated future
 budget? If not, what would it take to do so?
 Yes

3) Describe any other issues that would affect your ability to provide adequate service to the
 annexation area, or impact service levels to existing residents/businesses of the city.
 No other issues known at this time.

 Ability to Provide Adequate Public Services
 WATER

1) What is the estimated cost/benefit of providing adequate service to the proposed
 annexation (in 2024 $s):
 a. Estimate annualized operations/maintenance cost over the lifecycle of the assets
 No additional cost. All infrastructure existing.
 b. Estimate annualized replacement cost of the asset This is based on 100-year
 replacement cycle.
 No additional cost. All infrastructure existing.
 c. Estimate annualized revenue over the lifecycle of the assets.
 Loss of $3,383.

2) Can the estimated cost of service be carried out under your current or anticipated future
 budget? If not, what would it take to do so?
 Yes

3) Describe any other issues that would affect your ability to provide adequate service to the
 annexation area, or impact service levels to existing residents/businesses of the city.
 No other issues known at this time.




 City of Topeka Planning Department
 5/20/2024
 Page 6
 Annexation Proposal
 Properties located at 6545 & 6549 SW 10th Avenue
 Fact Sheet & Department Comments

 Ability to Provide Adequate Public Services
 Topeka Metro Bus Service

1) Do you currently provide service to this subdivision/immediate area?
 We do not provide service to this area.

2) If not, can you provide service?
 We are not expanding service at this time.

3) What is the estimated cost of providing service to this subdivision?
 $300,000. This area has limited potential for productive service since it is removed or separated
 from our regular service by a major highway.




 City of Topeka Planning Department
 5/20/2024
 Page 7
 TOPEKA PLANNING COMMISSION
 Monday, May 20, 2024

 CASE MINUTES

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

 Members Absent: Katy Nelson, (1)

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

A24/03 Annexation, Sports Center (owner 4BSC LLC) requesting annexation of approximately 58 acres
located on south side of SW 10th Avenue and immediately west of Interstate 470.

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

Questions/Comments by Commissioners

Commissioner Naeger inquired about additional costs to the city, especially the forestry department. Mr. Risley
stated generally forestry is looking at something that is in the right-of-way that they would be responsible for. Larger
subdivisions, that have a lot of right-of-way, bring concerns with the costs associated with maintaining those trees.

Commissioner Kaup suggested deleting a reference to Mission Township and a tax levy out of the staff report.

Motion by Commissioner Kaup, second by Commissioner Hannon to approve the annexation of the property as it
is consistent with the comprehensive plan. Approved 8-0
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 June 18, 2024


DATE: June 18, 2024
CONTACT PERSON: Braxton Copley, DOCUMENT #:
 Director of Public
 Works
SECOND PARTY/SUBJECT: Bartlett and West, Inc. PROJECT #: T-701028.00
CATEGORY/SUBCATEGORY 007 Contracts and Amendments / 005 Professional Services
CIP PROJECT: Yes
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

APPROVAL of a Public Works Engineering Contract between the City of Topeka and Bartlett and West,
Inc., in an amount not to exceed $348,480 to perform professional engineering services.

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

(Services include public engagement, traffic study, geotechnical, concept plans and high level cost estimates.
Design, inspection, and construction services are not included in this contract or scope of work for Street
Improvements on SW Huntoon Street from SW Gage Boulevard to SW Harrison Street.)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to approve the contract for professional services. Pursuant to TMC 3.30.010, all contracts for
professional services exceeding $50,000 must be approved by the Governing Body.
STAFF RECOMMENDATION:
Staff recommends that the Governing Body approves the contract as part of the consent agenda.
BACKGROUND:
On January 17, 2024, the City issued a request for proposals bid event 2922 for professional engineering
services for providing engineering design for the complete reconstruction of the SW Huntoon St. roadway, from
SW Gage Blvd. to SW Harrison St. Proposals were received on February 13, 2024, and evaluated. After
evaluations staff recommend entering into an agreement for services as specified with the most qualified firm for
this particular project with Bartlett and West, Inc.
BUDGETARY IMPACT:
$348,480.00
SOURCE OF FUNDING:
2023 CIP, Res # 9318, Fix our streets sales tax

ATTACHMENTS:
Description
Barlett and West Contract Task I Huntoon 701028.00
Insurance attachment
RFP Event 2922 Preveiw
RFP Event 2922 Professional Engineering Services SW Huntoon St. T-701028.00.pdf
2023 CIP Pg 57
 Contract No.
 Project No. 701028.00



 CITY OF TOPEKA
 PUBLIC WORKS DEPARTMENT
 ENGINEERING DIVISION


 STANDARD AGREEMENT
 FOR
 ENGINEERING SERVICES


THIS AGREEMENT, is between the City of Topeka, Kansas (Owner) and Bartlett & West, Inc. (Engineer);



 WITNESSETH:

WHEREAS, the Owner wishes to employ the Engineer to perform professional engineering services on City of

Topeka Project No. 701028.00 SW Huntoon St. – SW Gage Blvd. to SW Harrison St. roadway project. These

services include providing engineering design and construction documents for the reconstruction of the existing

roadway (the Project); and,


WHEREAS, the Owner requires certain engineering services in connection with the Project (the Services);

and,


WHEREAS, the Engineer is prepared to provide the Services;


NOW THEREFORE, in consideration of the promises contained in this Agreement, the Owner and Engineer.

agree to the following:


ARTICLE 1 - EFFECTIVE DATE

The effective date of this Agreement shall be


ARTICLE 2 - GOVERNING LAW

This Agreement shall be governed by the laws of the State of Kansas and the codes of the City of Topeka




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ARTICLE 3 - SERVICES TO BE PERFORMED BY ENGINEER

Engineer shall perform the Services described in Attachment A, Scope of Services, in accordance with applicable

sections of the City of Topeka Design Criteria and Drafting Standards of latest revision.


ARTICLE 4 - COMPENSATION

Owner shall pay Engineer in accordance with the Attachment B, Compensation.


ARTICLE 5 – OWNER’S RESPONSIBILITIES

Owner shall be responsible for all matters described in Attachment C, Owner's Responsibilities.


ARTICLE 6 - SUPPLEMENTAL AGREEMENTS

The provisions set forth in Attachment D, Supplemental Agreements shall be incorporated into this Agreement.


ARTICLE 7 - PROJECT SCHEDULE

The provisions set forth in the Attachment E, Project Schedule shall be incorporated into this Agreement.


ARTICLE 8 - STANDARD OF CARE

Engineer shall exercise the same degree of care, skill, and diligence in the performance of Services as is ordinarily

possessed and exercised by a professional engineer under similar circumstances.


ARTICLE 9 - INDEMNIFICATION AND INSURANCE

Engineer hereby agrees to fully indemnify and hold harmless Owner and any of its departments, divisions, agencies,

officers, employees and elected officials from all loss, damage, cost, or expenses specifically including attorneys’

fees and other expenses of litigation incurred by or on behalf of the Owner and any of its officers, employees or

elected officials arising out of Engineer's negligent performance of Services under this Agreement. Engineer

specifically agrees that this duty to indemnify and hold harmless will apply to the following:

 a. Claims, suits, or action of every kind and description when such suits or actions arise from the

 alleged negligent acts, errors, or omissions of the Engineer, its employees, agents, or

 subcontractors.




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 b. Injury or damages received or sustained by any party because of the negligent acts, errors, or

 omissions of the Engineer, its employees, agents, or subcontractors.

Engineer shall purchase and maintain during the life of this Agreement, insurance coverage which will

satisfactorily insure him against claims and liabilities which arise because of the execution of this Agreement.

The insurance coverages are as follows:

(1) Commercial General Liability Insurance, with a limit of $1,000,000 for each occurrence and $2,000,000 in

 the general aggregate.

(2) Automobile Liability Insurance, with a limit of $1,000,000 for each accident, combined single limit for

 bodily injury and property damage.

(3) Worker's Compensation Insurance and Employer's Liability Insurance, in accordance with statutory

 requirements, with a limit of $500,000 for each accident.

(4) Professional Liability Insurance, with a limit of $1,000,000 for each claim and aggregate.


Prior to issuance of the Notice to Proceed by Owner, Engineer shall have on file with Owner certificates of insurance


acceptable to Owner. Said certificates of insurance shall be filed with Owner in January of each year or may be


submitted with each agreement.


Engineer shall also maintain valuable papers insurance to assure the restoration of any plans, drawings, field notes


or other similar data relating to the work covered by this agreement, in the event of their loss or destruction, until


such time as the work has been delivered to the Owner.


Upon completion of all Services, obligations, and duties provided for in this Agreement, or if this Agreement is


terminated for any reason, the terms and conditions of this Article shall survive.




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ARTICLE 10 - LIMITATIONS OF RESPONSIBILITY

Engineer shall not be responsible for: (1) construction means, methods, techniques, sequences, procedures, or safety

precautions and programs in connection with the Project, (2) the failure of any contractor, subcontractor, vendor, or

other Project participant, not under contract to Engineer, to fulfill contractual responsibilities to the Owner or to

comply with federal, state or local laws, regulations, and codes; or (3) procuring permits, certificates, and licenses

required for any construction unless such responsibilities are specifically assigned to Engineer in Attachment A,

Scope of Services.


ARTICLE 11 - OPINIONS OF COST AND SCHEDULE

Since Engineer has no control over the cost of labor, materials, or equipment furnished by others, or over the

resources provided by others to meet Project construction schedules, Engineer's opinion of probable construction

costs and of construction schedules shall be made on the basis of experience and qualifications as a professional

engineer. Engineer does not guarantee that proposals, bids, or actual Project construction costs will not vary from

Engineer's cost estimates or that actual construction schedules will not vary from Engineer's projected schedules.


ARTICLE 12 - REUSE OF DOCUMENTS

All documents, including, but not limited to, drawings, specifications, and computer software prepared by Engineer

pursuant to the Agreement are instruments of service in respect to the Project. They are not intended or represented

to be suitable for reuse by Owner or others on extensions of the Project or on any other project. Any reuse without

prior written verification or adaptation by Engineer for the specific purpose intended will be at Owner's sole risk and

without liability or legal exposure to Engineer. Any verification or adaptation requested by Owner shall entitle

Engineer to compensation at rates to be agreed upon by Owner and Engineer.




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ARTICLE 13 - OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY

Except as otherwise provided herein, engineering documents, drawings, and specifications prepared by Engineer as

part of the Services shall become the sole property of Owner, however, that both Owner and Engineer shall have the

unrestricted right to their use. Engineer shall retain its rights in its standard drawing details, specifications, data

bases, computer software, and other proprietary property protected under the copyright laws of the United States.

Rights to intellectual property developed, utilized, or modified in the performance of services shall remain the

property of Engineer. Owner shall have the unlimited right to the use of intellectual property developed, utilized,

or modified in the performance of the Services at no additional cost to the Owner.


ARTICLE 14 - TERMINATION

This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other

party to perform in accordance with the terms of this Agreement. The nonperforming party shall have fifteen

calendar days from the date of the termination notice to cure or to submit a plan for cure acceptable to the other

party. Owner may terminate or suspend performance of this Agreement for Owner's convenience upon written

notice to Engineer. Engineer shall terminate or suspend performance of the Services on a schedule acceptable to

Owner. If termination or suspension is for Owner's convenience, Owner shall pay Engineer for all Services

performed prior to the date of the termination notice. Upon restart, an adjustment acceptable to Owner and Engineer

shall be made to Engineer's compensation.


ARTICLE 15 - DELAY IN PERFORMANCE

Neither Owner nor Engineer shall be considered in default of the Agreement for delays in performance caused by

circumstances beyond the reasonable control of the nonconforming party. For purposes of this Agreement, such

circumstances include abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, or other civil

disturbances; sabotage, judicial restraint, and inability to procure permits, licenses, or authorizations from any local,

state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either

Owner or Engineer under this Agreement.




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Should such circumstances occur, the nonconforming party shall, within a reasonable time of being prevented from

performing, give written notice to the other party describing the circumstances preventing continued performance

and the efforts being made to resume performance of the Agreement.

For delays in performance by Engineer, as set forth in Attachment E, Project Schedule, which are caused by

circumstances which are within its control, such delays shall be documented on the Engineer's Project Performance

Evaluation form. Said form shall be completed at the conclusion of Project and acknowledged by both Owner and

Engineer. Completed form shall be retained by Owner for a period of five years and reviewed prior to consultant

selection for City projects.

In the event Engineer is delayed in the performance of Services because of delays caused by Owner, Engineer shall

have no claim against Owner for damages or contract adjustment other than an extension of time.


ARTICLE 16 - COMMUNICATIONS

Any communication required by this Agreement shall be made in writing to the address specified below:



 Engineer: Jeff Lolley, PE
 Bartlett & West, Inc. 1200
 SW Executive Drive
 Topeka, KS 66615
 785-272-2252

 Owner: City Clerk
 215 SE 7th St.
 Topeka, KS 66603
 (785) 368-3940

 With a Copy to: City of Topeka Engineering Division
 620 SE Madison, 2nd Floor
 Topeka, KS 66607
 (785) 368-3842



Nothing contained in the Article shall be construed to restrict the transmission of routine communications

between representatives of Engineer and Owner.




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ARTICLE 17 - WAIVER

A waiver by either Owner or Engineer of any breach of this Agreement shall be in writing. Such a waiver shall not

affect the waiving party's rights with respect to any other or further breach.


ARTICLE 18 - SEVERABILITY

The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event

rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any

other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and

the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular

portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken

provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions

of this Article shall not prevent this entire Agreement from being void should a provision which is of the essence of

this Agreement be determined void.


ARTICLE 19 - INTEGRATION

This Agreement represents the entire and integrated agreement between Owner and Engineer. All prior and

contemporaneous communications, representations, and agreements by Engineer, whether oral or written, relating

to the subject matter of this Agreement, as set forth in Attachment D, Supplemental Agreements are hereby

incorporated into and shall become a part of this Agreement


ARTICLE 20 - SUCCESSORS AND ASSIGNS

Owner and Engineer each binds itself and its directors, officers, partners, successors, executors, administrators,

assigns, and legal representatives to the other party of this Agreement and to the directors, officers, partners,

successors, executors, administrators, assigns, and legal representatives of such other party in respect to all

provisions of this Agreement.




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ARTICLE 21 - ASSIGNMENT

Neither Owner nor Engineer shall assign any rights or duties under this Agreement without the prior written consent

of the other party. Unless otherwise stated in the written consent to an assignment, no assignment will release or

discharge the assignor from any obligation under this Agreement. Nothing contained in this Article shall prevent

Engineer from employing independent consultants, associates, and subcontractors to assist in the performance of the

Services; however, other agreements to the contrary notwithstanding, in the event Engineer employs independent

consultants, associates, and subcontractors to assist in performance of the Services, Engineer shall be solely

responsible for the negligent performance of the independent consultants, associates, and subcontractors so

employed.


ARTICLE 22 - THIRD PARTY RIGHTS

Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than Owner and Engineer.

ARTICLE 23 – RELATIONSHIP OF PARTIES

Nothing contained herein shall be construed to hold or to make the Owner a partner, joint venturer, or associate of

Engineer, nor shall either party be deemed the agent of the other, it being expressly understood and agreed that the

relationship between the parties hereto is and shall at all times remain contractual as provided by the terms and

conditions of this Agreement.




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IN WITNESS WHEREOF, Owner and Engineer have executed this Agreement.




 CITY OF TOPEKA
 Owner Engineer



 By: Richard U. Nienstedt By:


 Interim City Manager
 Title Title



 Date: Date:


 Attest: Attest:
 City Clerk, Brenda Younger




 APPROVED AS TO FORM AND LEGALITY


 DATE______________ BY___________________




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 ATTACHMENT A
 TO
 AGREEMENT FOR ENGINEERING SERVICES


Owner: City of Topeka, Kansas
Engineer: Bartlett & West, Inc.
Project Number & Name: 701028.00 SW Huntoon Street – SW Gage Blvd. to SW Harrison St.

 SCOPE OF SERVICES


BASIC SERVICES

 The Engineer agrees to provide services defined below for the project. The project shall be designed in
 accordance to City of Topeka standards and specifications. The project is specifically defined as the
 performance of the following:

 • Scope Development

 • Public Information
 o Public Information Meeting 1
 o 6+ Meetings with local NIA groups, school districts, and affected businesses
 o Compilation of data received from meetings
 o Contact individuals from public meeting 1 with responses to their comments, questions, and/or
 concerns

 • Traffic Study
 o Traffic Counts
 o 1 driving lane vs. 2 driving lanes
 o Stop conditions
 o Crash report and exhibits

 • Geotechnical Report
 o 12 to 15 roadway bores, 10' deep
 o Pavement recommendations for asphalt and concrete
 o Pavement base recommendations for aggregate, lime, and concrete
 o Street maintenance recommendations

 • Utility Coordination
 o City of Topeka Utilities
 o Coordination of needed and proposed utility work along and adjacent to Huntoon St.

 • Development of three (3) roadway scope of improvement concepts
 o Exhibits and summary reports
 o Construction Cost Estimates
 o Review with City

 • Public Information
 o Public Information Meeting 2
 o Compilation of data received from Public Meetings 1 & 2



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 o Contact individuals from public meetings 1 & 2 with responses to their comments, questions, and/or
 concerns

 • City Council Presentation
 o Finalize exhibits and reports for 3 concept options for presentation to City Council
 o Review with City
 o Present to City Council


SUPPLEMENTAL SERVICES

Any work requested by the Owner that is not included in the Basic Services will be classified as Supplemental
Services. Supplemental Services shall include, but are not limited to the following.

 a. Changes in the general scope, extent, or character of the project or its design, including but
 not limited to changes in size, complexity, schedule, character of construction or method of
 financing; and revising previously accepted studies, reports, or design documents when such
 revisions are required by changes in laws, regulations, ordinances, codes or orders enacted
 subsequent to the preparation of such studies/reports/documents or designs or due to any
 other causes beyond the Engineer’s control.




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 ATTACHMENT B
 TO
 AGREEMENT FOR ENGINEERING SERVICES


Owner: City of Topeka, Kansas
Engineer: Bartlett & West, Inc.
Project Number & Name: 701028.00 SW Huntoon Street – SW Gage Blvd. to SW Harrison St.


 COMPENSATION


For the services covered by this Agreement, the Owner agrees to pay the Engineer as follows:

A. For the Basic Services described in Attachment A, an amount equal t o the cumulative hours charged
 to the project by each class of Engineer’s employees times the standard hourly charge rates for each
 applicable billing class, plus reimbursable expenses.
 The total fee for the project shall not exceed $ 348,480.00 without authorization by the Owner. Any
 additions to the Scope of Work or changes in the extent of services provided will result in an
 equitable adjustment in the total maximum fee. Payments shall be made monthly in amounts, which are
 consistent with the amount of engineering services provided.
 Exhibit A shows the individual fee totals per task as outlined in Attachment A.


B. Compensation for Supplemental Services shall be made as defined below, when authorized in writing by
 the Owner. The maximum limit for each item of additional service shall be established individually and
 specifically agreed to by the Owner as stated below, unless the service is included in a subsequent
 agreement.

 Hourly rates for each classification as defined by the Engineer's rate schedule, see Attachment F. Hourly
 charge rates are subject to adjustment annually on January 1. Overtime, when authorized by the Owner,
 will be billed at 1.5 times the rates listed (non-engineer time only).

 Reimbursable charges will be considered the amount of actual costs of expenses or charges, including
 such items as staking materials, equipment rental, equipment hourly charges, mileage, toll telephone
 calls, reproduction and similar project related expenses.

D. The entire amount of each statement shall be due and payable upon receipt by the Owner.

E. It is understood and agreed:

 1. That the Engineer shall start the performance of Services within 10 days of receipt of a notice to
 proceed and shall complete the work in accordance with the contract times set forth in Attachment
 E, Project Schedule.

 2. That the Engineer shall keep records on the basis of generally accepted accounting practice of
 costs and expenses which records shall be available for inspection at all reasonable times.




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 ATTACHMENT C
 TO
 AGREEMENT FOR ENGINEERING SERVICES



Owner: City of Topeka, Kansas
Engineer: Bartlett & West, Inc.
Project Number & Name: 701028.00 SW Huntoon Street – SW Gage Blvd. to SW Harrison St.



 OWNER'S RESPONSIBILITIES


The Owner will furnish, as required by the work and not at the expense of the Engineer, the following items:

1. Make available to the Engineer all records, reports, maps, and other data pertinent to provision of the
 services required under this contract.

2. Examine all plans, specifications and other documents submitted by the Engineer and render decisions
 promptly to prevent delay to the Engineer.

3. Designate one City of Topeka employee as the Owner representative with respect to all services to be
 rendered under this agreement. This individual shall have the authority to transmit instructions, receive
 information and to interpret and define the Owner's policies and decisions pertinent to the Engineer's
 services.

4. Issue notices to proceed to the Engineer for each phase of the design services.




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 ATTACHMENT D
 TO
 AGREEMENT FOR ENGINEERING SERVICES



Owner: City of Topeka, Kansas
Engineer: Bartlett & West, Inc.
Project Number & Name: 701028.00 SW Huntoon Street – SW Gage Blvd. to SW Harrison St.



 SUPPLEMENTAL AGREEMENTS



Owner and Engineer agree that the following communications, representations, and agreements by Engineer,
whether oral or written, relating to the subject matter of the Agreement are hereby incorporated into and shall
become a part of the Agreement as set forth in ARTICLE 19 - INTEGRATION.




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 ATTACHMENT E
 TO
 AGREEMENT FOR ENGINEERING SERVICES



Owner: City of Topeka, Kansas
Engineer: Bartlett & West, Inc.
Project Number & Name: 701028.00 SW Huntoon Street – SW Gage Blvd. to SW Harrison St.



 PROJECT SCHEDULE


Owner and Engineer recognize that time is of the essence of the Agreement and that Owner will suffer financial loss
if the work is not completed within the times stipulated herein, plus any extensions thereof. Accordingly, Engineer
has established time intervals, in calendar days, for submittals at various stages of the project as detailed below. As
each actual submittal date occurs, Engineer shall meet with Owner to discuss the progress of the work and the actual
submittal date shall be documented. If project is behind schedule, the reason shall be recorded. Engineer shall not
be responsible for the time required by Owner's representative to review Engineer's submittal. When review is
complete, Owner shall, in writing, authorize Engineer to proceed to the next submittal date. After final submittal
date, Engineer and Owner shall meet to evaluate Engineer's performance with regard to design schedule. An
Engineer's Project Performance Evaluation form shall be completed and acknowledged by both Owner and Engineer.
Completed form shall be retained by Owner for a period of five years and reviewed prior to consultant selection for
City projects. Past performance shall be accounted for on the evaluation sheet used to rank consultants during the
interview process.


1. Schedule: Engineer will make plan submittals to Owner based on the following schedule:

 a. Concept Drawings - Engineer will submit concept drawings within N/A calendar days after Notice to
 Proceed by Owner.

 b. Field Check - Engineer will submit field check drawings within N/A calendar days after Notice to Proceed
 by Owner.

 c. Right-of-Way Drawings - Engineer will submit right-of-way drawings within N/A calendar days after the
 Notice to Resume Work is given by Owner following Field Check.

 d. Office Check - Engineer will submit office check drawings and specifications within N/A calendar days
 after the Notice to Resume Work is given by Owner following Field Check.

 e. Bid Documents - Engineer will submit bid documents within N/A calendar days after the Notice to Resume
 Work is given by Owner following Office Check.

 f. As-Built Plans – Engineer will submit as-built plans within N/A calendar days after marked-up plans are
 returned to the Engineer, from the Owner or within N/A calendar days after all punch list items have been
 completed if the Engineer’s firm provided construction inspection services for the project.




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 ATTACHMENT F
 TO
 AGREEMENT FOR ENGINEERING SERVICES

 BARTLETT & WEST, INC.
 2024 SCHEDULE OF HOURLY CHARGES
 Effective January 1, 2024

Engineer/Arch/Landscape Arch XII $280.00
Engineer/Arch/Landscape XI 257.00
 X 240.00 GIS Coordinator IX $259.00
Engineer Arch IX 225.00 GIS Coordinator VIII 243.00
Landscape Architect VIII 210.00 GIS Coordinator VII 231.00
Architect Arch VII 196.00 GIS Coordinator VI 215.00
Operations Consultant Arch VI 185.00 GIS Coordinator V 203.00
Environmental Planner hV 175.00 GIS Coordinator IV 187.00
Transportation Planner IV 165.00 GIS Coordinator III 176.00
 ngArch III 155.00 GIS Coordinator II 159.00
Engineer/Arch/Landscape Arc II 143.00 GIS Coordinator I 147.00
Engineer/Arch/Landscape Arch I 130.00
 GIS Developer/DBA VI $224.00
Engineering Technician XI $220.00 GIS Developer/DBA V 207.00
Engineering Technician X 185.00 GIS Developer/DBA IV 191.00
Engineering Technician IX 173.00 GIS Developer/DBA III 176.00
Engineering Technician VIII 155.00 GIS Developer/DBA II 162.00
Engineering Technician VII 142.00 GIS Developer/DBA I 152.00
Engineering Technician VI 130.00
Engineering Technician V 121.00 GIS Analyst V $158.00
Engineering Technician IV 114.00 GIS Analyst IV 141.00
Engineering Technician III 108.00 GIS Analyst III 134.00
Engineering Technician II 102.00 GIS Analyst II 124.00
Engineering Technician I 95.00 GIS Analyst I 114.00


Surveyor X $225.00 GIS Technician V $127.00
Surveyor IX 205.00 GIS Technician IV 115.00
Surveyor VIII 185.00 GIS Technician III 103.00
Surveyor VII 164.00 GIS Technician II 91.00
 GIS Technician I 80.00
Survey Technician VIII $150.00
Survey Technician VII 135.00 Project Coordinator V $182.00
Survey Technician VI 120.00 Project Coordinator IV 166.00
Survey Technician V 110.00 Project Coordinator III 150.00
Survey Technician IV 102.00 Project Coordinator II 137.00
Survey Technician III 95.00 Project Coordinator I 121.00
Survey Technician II 90.00
Survey Technician I 85.00
 Systems Analyst $201.00
Construction Eng. Tech IX $196.00 Systems Administrator 152.00
Construction Eng. Tech VIII 174.00 Systems Technician 101.00
Construction Eng. Tech VII 160.00
Construction Eng. Tech VI 149.00
Construction Eng. Tech V 136.00 Administrator VI $157.00
Construction Eng. Tech IV 120.00 Administrator V 140.00
Construction Eng. Tech III 107.00 Administrator IV 126.00
Construction Eng. Tech II 96.00 Administrator III 104.00
Construction Eng. Tech I 84.00 Administrator II 93.00
 Administrator I 84.00

Right-of-Way Technician VI $145.00 Administrative Technician V $95.00
Right-of-Way Technician V 129.00 Administrative Technician IV 82.00
Right-of-Way Technician IV 116.00 Administrative Technician III 73.00
Right-of-Way Technician III 104.00 Administrative Technician II 68.00
Right-of-Way Technician II 92.00 Administrative Technician I 59.00
Right-of-Way Technician I 84.00




 The listed rates are subject to annual adjustment January 1 of each year BWE-2024
 EXHIBIT A
 City of Topeka Project No. 701028.00 Project
 SW Huntoon St. - Gage Blvd. to Harrison St. Engineer Coordinator
 1 3 8 12 2
 Manhour estimate for roadway design planning - Phase I
 $ 130 $ 155 $ 210 $ 280 $137
TASK Expenses Total
  1 Scope Development 16 16 $ 7,840
 $ -
 2 Public Information $ -
 Public Information Meeting 1 4 4 8 8 40 $ 10,000 $ 20,540
 6+ Meetings with local NIA groups, school districts, and affected businesses 40 40 $ 5,000 $ 24,600
 Compilation of data received from meetings 40 4 40 $ 15,000
 Contact individuals from public meeting 1 with responses to their comments, questions, and/or concerns 16 16 $ 5,552
 $ -
 3 Traffic Study $ 50,000 $ 50,000
 - Traffic Counts $ -
 - 1 driving lane vs. 2 driving lanes $ -
 - Stop conditions $ -
 - Crash report and exhibits $ -
 $ -
 4 Geotechnical Report $ 25,000 $ 25,000
 12 to 15 roadway bores, 10' deep $ -
 Pavement recommendations for asphalt and concrete $ -
 Pavement base recommendations for aggregate, lime, and concrete $ -
 Street maintenance recommendations $ -
 $ -
 5 Utility Coordination 40 40 $ 19,600
 - City of Topeka Utilities $ -
 - Coordination of needed and proposed utility work along and adjacent to Huntoon St. $ -
 $ -
 6 Development of three (3) roadway scope of improvement concepts $ -
 Exhibits and summary reports 80 80 80 16 $ 2,000 $ 46,080
 Construction Cost Estimates 8 8 8 2 $ - $ 4,520
 Review with City 2 2 $ - $ 980
 $ -
 7 Public Information $ -
 Public Information Meeting 2 4 4 8 8 16 $ 7,252
 Compilation of data received from Public Meetings 1 & 2 40 4 24 $ 12,808
 Contact individuals from public meetings 1 & 2 with responses to their comments, questions, and/or concerns 16 16 $ 5,552
 $ -
 8 City Council Presentation $ -
 Finalize exhibits and reports for 3 concept options for presentation to City Council 8 8 8 4 8 $ 2,000 $ 8,176
 Review with City 2 2 $ 980
 Present to City Council 2 2 $ 980


 104 104 326 148 160 $ 94,000 $ 348,480
DocuSign Envelope ID: B6E13E8C-0992-4AE0-AAC2-7C7652375B31
 DATE (MM/DD/YYYY)
 CERTIFICATE OF LIABILITY INSURANCE 4/25/2024
 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
 CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
 BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
 REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
 If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
 this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
 CONTACT
 PRODUCER
 NAME: IMA Wichita Team
 IMA, Inc. - Kansas City PHONE FAX
 11350 Switzer Rd (A/C, No, Ext): 316-267-9221 (A/C, No):
 E-MAIL
 Suite 200 ADDRESS: certs@imacorp.com
 Overland Park KS 66210 INSURER(S) AFFORDING COVERAGE NAIC #

 License#: PC-1210733 INSURER A : National Fire Insurance Company of Hartford 20478
 BART&WE-01
 INSURED INSURER B : The Continental Insurance Company 35289
 Bartlett & West, Inc.
 INSURER C : Valley Forge Insurance Company 20508
 1200 SW Executive Drive
 Topeka KS 66615-3850 INSURER D : Beazley Insurance Company, Inc. 37540
 INSURER E : American Casualty Company of Reading, 20427
 INSURER F :
 COVERAGES CERTIFICATE NUMBER: 65758800 REVISION NUMBER:
 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
 EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP
 LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
  A X COMMERCIAL GENERAL LIABILITY 6042700793 7/1/2023 7/1/2024 EACH OCCURRENCE $ 1,000,000
 DAMAGE TO RENTED
 CLAIMS-MADE X OCCUR PREMISES (Ea occurrence) $ 1,000,000
 X Contractual MED EXP (Any one person) $ 15,000
 PERSONAL & ADV INJURY $ 1,000,000

 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000

 POLICY X JECT X LOC
 PRO-
 PRODUCTS - COMP/OP AGG $ 2,000,000

 OTHER: $
  E COMBINED SINGLE LIMIT $ 1,000,000
 AUTOMOBILE LIABILITY 6042700731 7/1/2023 7/1/2024 (Ea accident)
 X ANY AUTO BODILY INJURY (Per person) $
 OWNED SCHEDULED BODILY INJURY (Per accident) $
 AUTOS ONLY AUTOS
 NON-OWNED
 X HIRED
 AUTOS ONLY
 X AUTOS ONLY
 PROPERTY DAMAGE
 (Per accident) $

 Comp/Collision Ded: $ $1,000/$1,000
  B X UMBRELLA LIAB X OCCUR 6043288583 7/1/2023 7/1/2024 EACH OCCURRENCE $ 9,000,000
 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 9,000,000
 X RETENTION $ $
 DED 10,000
 PER OTH-
  C WORKERS COMPENSATION 6042700745 7/1/2023 7/1/2024 X STATUTE ER
 AND EMPLOYERS' LIABILITY Y/N
 ANYPROPRIETOR/PARTNER/EXECUTIVE
 N E.L. EACH ACCIDENT $ 1,000,000
 OFFICER/MEMBER EXCLUDED? N/A
 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000
 If yes, describe under
 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000
  D Professional/Pollution Liability C1BE77230801 7/1/2023 7/1/2024 Prof/Pol Each Claim $5,000,000
 Prof/Pol Aggregate $10,000,000



 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
 States of North Dakota, Ohio, Washington & Wyoming are not included in the Workers Compensation Coverage.
 General Liability Policy includes Stop Gap Liability for North Dakota, Ohio, Washington & Wyoming, subject to the policy terms and conditions.
 General Liability Policy includes Contractual Liability for Railroads, subject to the terms, conditions, limitations and exclusions




 CERTIFICATE HOLDER CANCELLATION

 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
 ACCORDANCE WITH THE POLICY PROVISIONS.
 City of Topeka
 Public Works Department, Engineering Division
 215 E 7th Street AUTHORIZED REPRESENTATIVE
 Topeka, KS 66603


 © 1988-2015 ACORD CORPORATION. All rights reserved.
 ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
 Event # 2922-0
 Name: Professional Engineering Services T-701028.00
 Reference: SW Huntoon St., Gage to Harrison T-701028.00
 Description: The City of Topeka is requesting proposals for professional engineering services for Project No. T-
 701028.00, SW Huntoon Street from SW Gage Boulevard to SW Harrison Street. The services
 include providing a conceptual plan for pavement and other public infrastructure improvements
 along the project corridor.


 Buyer: Glenn Roth Status: Draft
 Event Type: RFP Currency: USD
 Category: PROFESSIONAL SERVICES Sub Category: ENGINEERING


 Sealed Bid: Yes Respond To All Lines: Yes
 Q & A Allowed: Yes Number Of Amendments: 0



Event Dates
 Preview: Q & A Open: 01/17/2024 10:16:00 AM
 Open: 01/17/2024 10:15:00 AM Q & A Close: 02/07/2024 12:00:00 PM
 Close: 02/13/2024 02:00:00 PM Dispute Close:



 Terms And Conditions

General


General
Read all terms and conditions before registering or responding to a bid event.

Thank you for your interest in registering online to do business with the City of Topeka. All data in this website is subject to the
Statues of the State of Kansas and ordinances contained in the Topeka Municipal Code. The City of Topeka shall not be held liable
or legally bound by any software limitations or defect. The City of Topeka operates under and is subject to the Central Time Zone
(CST or CDT).

The City of Topeka strives to include as many suppliers to enhance the competitive sealed bidding process. The City is unable to
include every supplier in all events that they may be able to quote on. Registration on this site does not guarantee your
organization notification of every bidding opportunity.


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Disclaimer
The City of Topeka attempts to maintain continuous access to the supplier portal. However, from time to time, access may be
interrupted or prevented due to maintenance, site problems, Internet problems, or problems experienced by the user due to the
user’s computer system. The City makes no warranties that the supplier portal will be uninterrupted or error-free. Regardless of the
source of any problem, it is the user’s responsibility to ensure that its bid is timely received. Because of the discrepancies inherent
in timing mechanisms (e.g. cell phone, computers, mobile devices), the bid time will be determined based upon the time indicated
on the City server for the Strategic Sourcing application. If the user does not submit its bid at or before the time indicated on the
City server for the Strategic Sourcing application, the bid will be electronically rejected by the Strategic Sourcing application as
untimely.

The City shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not
limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from: (i) the use or the inability to use
the supplier portal; (ii) unauthorized access to or alteration of the user’s transmissions or data; or (iii) any other matter relating to
the supplier portal.

It shall be the bidder’s responsibility to advise the City of Topeka of any specifications, language, other requirements or any
combinations thereof, which restricts or limits bidding. Such notification must be submitted in writing and must be received by the
Contracts and Procurement Division no later than five (5) days prior to the bid closing. The specifications were written with the
intent of permitting competitive bidding. The City of Topeka reserves the right to waive minor deviations in the specifications which
inadvertently restrict bidding to a single manufacturer (or vendor) or when such deviations do not alter nor deter the City from
accomplishing the intended use or function. Each bid shall include descriptive literature and specifications on the product bid.
However, the providing of this material shall not be considered a substitute for listing deviations.

Amendments to Bids: To ensure maximum access opportunities for users, events/solicitations shall typically be posted for a
minimum of ten (10) days and no amendments shall typically be made within the last three days before the event/solicitation is
due. Bidders/vendors are cautioned that the competitive nature of their offers could be affected if their submission does not
include all amendments. For this reason bidders/vendors are advised to revisit all solicitations to which they intend to respond
three (3) days prior to the due date. It is the bidder’s/vendor’s responsibility to check the website from time to time for updates to
events/solicitations and to pick up additional addenda and information.

All bids shall be considered firm for a period of forty-five (45) calendar days from the bid opening date unless otherwise stated in
the bid specification document(s).

If bidders have a concern about bid specifications, or any term or condition that they believe restricts competition, bidders must
contact, in writing, the Procurement Buyer assigned, no later than five (5) days prior to bid closing. Upon receipt, the Procurement
Buyer will research the issue and provide a response within five (5) days. Failure to submit a question or concern within the five (5)
day period will waive any right the bidder may have to challenge the bid letting or a bid award.


Standard Terms and Conditions


Contractural Provision
City of Topeka
Department of Administrative and Financial Services
Contracts and Procurement Division (Rev 06.2021)


CONTRACTUAL PROVISIONS

1.TERMS HEREIN CONTROLLING PROVISIONS
It is expressly agreed that the terms of each and every provision in this Attachment shall prevail and control over the terms of any
other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated.

2.AGREEMENT WITH KANSAS LAW
All contractual agreements shall be subject to, governed by, and construed according to the laws of the State of Kansas.


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3.TERMINATION DUE TO LACK OF FUNDING
If, in the judgment of the City Manager, sufficient funds will not be available to continue the functions performed in this agreement
and for the payment of the charges hereunder, City may terminate this agreement at the end of its current and any succeeding
fiscal year. City agrees to give written notice of termination to contractor at least 30 days prior to the end of its current fiscal year.
Contractor shall have the right, at the end of such fiscal year, to take possession of any equipment provided City under the
contract. City will pay to the contractor all regular contractual payments incurred through the end of such fiscal year, plus
contractual charges incidental to the return of any such equipment. Upon termination of the agreement by City, title to any such
equipment shall revert to contractor at the end of City’s current fiscal year. The termination of the contract pursuant to this
paragraph shall not cause any penalty to be charged to the City or the contractor.

4. TERMINATION FOR CONVENIENCE
The Director of Contracts & Procurement or designee may terminate performance of work under this contract in whole or in part
whenever the Director determines that the termination is in the best interest of the City. In the event of termination, the Director
or designee shall provide the Contractor written notice at least thirty (30) days prior to the termination date. The termination shall
be effective as of the date specified in the notice. The Contractor shall continue to perform any part of the work that may not have
been terminated by the notice.

5.DISCLAIMER OF LIABILITY
No provision of this contract will be given effect that attempts to require the City to defend, hold harmless, or indemnify any
contractor or third party for the City’s acts or omissions. The City’s liability is limited to the liability established in the Kansas Tort
Claims Act, K.S.A. 75-6101 et seq.

6.ANTI-DISCRIMINATION CLAUSE
The contractor agrees: (a) to comply with all federal, state, and local laws and ordinances prohibiting unlawful discrimination and
to not unlawfully discriminate against any person because of age, color, disability, familial status, gender identity, genetic
information, national origin or ancestry, race, religion, sex, sexual orientation, veteran status or any other factor protected by law
in the admission or access to, or treatment or employment in, its programs or activities; (b) to include in all solicitations or
advertisements for employees, the phrase “equal opportunity employer;” and (c) to include those provisions in every subcontract
or purchase order so that they are binding upon such subcontractor or vendor. The contractor understands and agrees that the
failure to comply with the requirements of this paragraph may constitute a breach of contract, and the contract may be cancelled,
terminated or suspended, in whole or in part by the City of Topeka.

7.ACCEPTANCE OF CONTRACT
This contract shall not become effective until the legally required approvals have been given.

8.ARBITRATION, DAMAGES, WARRANTIES
Notwithstanding any language to the contrary, no interpretation shall be allowed to find the City or any department or division
thereof subject to binding arbitration. Further, the City of Topeka shall not be subject to attorney fees and no provision will be
given effect which attempts to exclude, modify, disclaim or otherwise attempt to limit implied warranties of merchantability and
fitness for a particular purpose.

9.REPRESENTATIVE’S AUTHORITY TO CONTRACT
By signing this contract, the representative of the contractor thereby represents that such person is duly authorized by the
contractor to execute this contract on behalf of the contractor and that the contractor agrees to be bound by the provisions
thereof.

10.RESPONSIBILITY FOR TAXES
The City of Topeka shall not be responsible for, nor indemnify a contractor for, any federal, state or local taxes which may be
imposed or levied upon the subject matter of this contract.

11.INSURANCE
The City of Topeka shall not be required to purchase any insurance against loss or damage to any personal property to which this
contract relates. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.), and the claims provisions of the
Code of the City of Topeka (Section 3.35.010 et seq.), the contractor shall bear the risk of any loss or damage to any personal
property in which the contractor holds title.


CONTRACTOR:_____________________________________________

AUTHORIZED SIGNATURE:_____________________________________________


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Terms and Conditions
STANDARD TERMS AND CONDITIONS
Qualification Based Selection (RFP, RFQ, etc.)
Includes Architectural, Engineering, and Appraisal Services for Public Buildings and Improvements

1. READ ALL STANDARD TERMS AND CONDITIONS, SPECIAL TERMS AND CONDITIONS AND THE SCOPE OF WORK CAREFULLY.
Failure to abide by all the conditions of this request may result in the rejection of a proposal. Inquiries about this request must be
addressed during the open question and answer period. Proposals including attachments (proposal, drawings, photographs, etc.)
shall be submitted through the City’s online bidding portal.
2. SINGLE POINT OF CONTACT: The single point of contact for all inquiries, questions, or requests shall be the City of Topeka
Contracts and Procurement Buyer or their designee initiating this solicitation. All communications shall be directed to the Buyer. No
communication is to be had with any other City employee or representative while the bidding event is open and until a contract
and/or purchase order is awarded and issued. Bidders may have contact with other City employees or representatives during
negotiations, contract signing, or as otherwise specified in the solicitation documentation.
3. NEGOTIATED PROCUREMENT: The City reserves the right to negotiate with the selected bidder of this solicitation. The final
evaluation and award is made by the Procurement Negotiating Committee (Committee), which consists of the Department Director
of the originating department, the Director of Administrative and Financial Services, the Director of Contracts and Procurement, or
their designees. (For architectural, engineering and appraisal services, the City Engineer or designee will take the place of the
Director of Contracts and Procurement or designee.)
4. APPEARANCE BEFORE COMMITTEE: Bidders may be required to appear before the Committee to explain their understanding and
approach. The Committee may request additional information. Bidders are prohibited from electronically recording these meetings.
All information received prior to the cut-off time will be considered as part of the bidder’s best and final offer. No additional
revisions shall be made after the specified cut-off time unless requested by the Committee.
5. QUESTIONS & ADDENDA: All questions shall be submitted during the open questions period section of the City’s online bidding
portal. It shall be the bidder’s responsibility to monitor the City’s bidding portal for answers to questions and any addenda issued
that may alter or change the scope of the solicitation. Any and all binding modifications to the solicitation shall be made by
addendum.
6. PRE-PROPOSAL CONFERENCE: If so noted, all Pre-Proposal Conferences will be scheduled and information posted on the
Meetings section in the solicitation. Attendance is typically not mandatory, but is strongly encouraged. At the Pre-Proposal
Conference impromptu questions will be permitted and spontaneous unofficial answers will be provided when possible. However,
bidders should clearly understand that the only official answer or position of the City will be by written and issued by addendum.
7. COST OF PREPARING PROPOSAL: The cost of developing and submitting the proposal is entirely the responsibility of the bidder.
This includes costs to determine the nature of the engagement, preparation of the proposal, submitting the proposal, negotiating
the contract, and other costs associated with the solicitation.
8. EVALUATION OF PROPOSALS: Award shall be made through the qualification based selection process. Consideration and
evaluation of such proposals will include but not be limited to:
 • Adequacy and completeness of proposal;
 • Compliance with the terms and conditions of the request;
 • Experience in providing like services or products;
 • Qualified staff;
 • Methodology in accomplishing objectives;
 • Response format as required by this request;
 • Price; and
 • Any other requirements specific to the service or product as outlined by the City of Topeka.
9. ACCEPTANCE OR REJECTION: The City reserves the right to accept or reject any or all proposals or part of a proposal; to waive
any informalities or technicalities; clarify any ambiguities in proposals; modify criteria in the solicitation; and unless otherwise
specified, to accept any item in a proposal.
10. CONTRACT: The successful bidder may be required to enter into a written contract with the City, which will incorporate the
Contractual Provisions Attachment and Contractor’s Statement of Agreement. No contract shall be considered to have been
entered into by the City unless executed by the City Manager and the vendor. Professional service contracts exceeding fifty
thousand dollars (50,000) must be approved by the Governing Body prior to being executed by the City Manager.
11. CONTRACT DOCUMENTS: In the event of a conflict in terms of language among the documents, the following order shall
govern:
 • Contractual Provisions Attachment and Contractor’s Statement of Agreement, if incorporated in the Contract;
 • Written modifications to the executed contract;
 • Written contract signed by the parties;
12. OPEN RECORDS ACT: All proposals become the property of the City of Topeka. Kansas law requires all information contained in
proposals to become open for public review (with certain exceptions available under the Act) once a contract is signed or all

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Event # 2922-0: Professional Engineering Services T-701028.00

proposals rejected.
13. FEDERAL, STATE AND LOCAL TAXES – GOVERNMENTAL ENTITY: Unless otherwise specified, the price as negotiated shall
include all applicable federal, state, and local taxes. The successful vendor shall pay all taxes lawfully imposed on it with respect to
any product or service delivered in accordance with this solicitation. The City of Topeka is exempt from state sales or use taxes,
and federal excise taxes. These taxes shall not be included in the bidder’s price quotations.
14. SUSPENSION FROM BIDDING: Any vendor who defaults on delivery as defined in this solicitation may, at the discretion of the
Director of Contracts and Procurement, be barred from bidding or receiving an award on any subsequent solicitation for a period of
time to be determined by the City.
15. INSURANCE: The City shall not be required to purchase any insurance against loss or damage to any personal property nor
shall the City establish a self-insurance fund to protect against any loss or damage. Subject to the provisions of the Kansas Tort
Claims Act, the vendor shall bear the risk of any loss or damage to any personal property.
16. CASH BASIS AND BUDGET LAWS: All contracts are subject to the State of Kansas Cash Basis and Budget laws. [K.S.A. 10-1101;
79-2925 et seq.] Any obligation incurred as a result of the issuance of the contract or purchase order binds the City only to the
extent that funds are available at the time payment is required.

City Legal Approval February 8, 2022


RFP Special Provisions
SPECIAL PROVISIONS

Proposal Format: The following information shall be part of the technical proposal: Vendors are instructed to prepare their
Technical Proposal following the same sequence as this section of the Request For Proposal.

(1)Transmittal letter which includes the following statements:
(a)That the vendor is the prime contractor and identifying all subcontractors
(b)That the vendor is a corporation or other legal entity
(c)That no attempt has been made or will be made to induce any other person or firm to submit or not to submit a proposal
(d)That the vendor does not discriminate in employment practices with regard to race, color, religion, age (except as provided by
law), sex, marital status, political affiliation, national origin or disability
(e)That no cost or pricing information has been included in the transmittal letter or the Technical Proposal. Pricing information, if
requested, shall be uploaded as separately named electronic file.
(f)That the vendor presently has no interest, direct or indirect, which would conflict with the performance of services under this
contract and shall not employ, in the performance of this contract, any person having a conflict
(g)That the person signing the proposal is authorized to make decisions as to pricing quoted and has not participated, and will not
participate, in any action contrary to the above statements;
(h)Whether there is a reasonable probability that the vendor is or will be associated with any parent, affiliate or subsidiary
organization, either formally or informally, in supplying any service or furnishing any supplies or equipment to the vendor which
would relate to the performance of this contract. If the statement is in the affirmative, the vendor is required to submit with the
proposal, written certification and authorization from the parent, affiliate or subsidiary organization granting the City and/or the
federal government the right to examine any directly pertinent books, documents, papers and records involving such transactions
related to the contract. Further, if at any time after a proposal is submitted, such an association arises, the vendor will obtain a
similar certification and authorization and failure to do so will constitute grounds for termination of the contract at the option of the
City
(i)Vendor agrees that any lost or reduced federal matching money resulting from unacceptable performance in a contractor task or
responsibility defined in the Request, contract or modification shall be accompanied by reductions in City payments to contractor
and
(j)That the vendor has not been retained, nor has it retained a person to solicit or secure a City contract on an agreement or
understanding for a commission, percentage, brokerage or contingent fee, except for retention of bona fide employees or bona fide
established commercial selling agencies maintained by the vendor for the purpose of securing business. For breach of this
provision, the Committee shall have the right to reject the proposal, terminate the contract and/or deduct from the contract price
or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee or other benefit.
Vendor's Qualifications: The vendor must include a discussion of the vendor's corporation and each subcontractor if any. The
discussion shall include the following:

(a)Date established
(b)Ownership (public, partnership, subsidiary, etc.)
(c)Number of personnel, full and part time, assigned to this project by function and job title
(d)Data processing resources and the extent they are dedicated to other matters
(e)Location of the project within the vendor's organization

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Event # 2922-0: Professional Engineering Services T-701028.00

(f)Relationship of the project and other lines of business and
(g)Organizational chart

The contractor shall be the sole source of contact for the contract. The City will not subcontract any work under the contract to
any other firm and will not deal with any subcontractors. The Contractor is totally responsible for all actions and work performed
by its subcontractors. All terms, conditions and requirements of the contract shall apply without qualification to any services
performed or goods provided by any subcontractor.

A description of the vendor's qualifications and experience providing the requested or similar service including resumes of
personnel assigned to the project stating their education and work experience. The vendor must be an established firm recognized
for its capacity to perform. The vendor must be capable of mobilizing sufficient personnel to meet the deadlines specified in the
Request.

A timeline for implementing services.

Payment: To be negotiated.


Insurance Req with Errors and Omissions Coverage
INSURANCE REQUIREMENTS


WORKERS COMPENSATION:Contractor’s, when required by law must maintain in effect throughout the life of this contract, Workers
Compensation insurance to cover the contractor’s employees, in full limits as required by statute.

INSURANCE RESP0NSIBILITY & LIABILITY:Notwithstanding any language to the contrary, no interpretation shall be allowed to find
the City or any of its departments, officers or employees responsible for loss or damage to persons or property as a result of the
contractor’s actions.

CONTRACTOR SHALL MAINTAIN MINIMUM COVERAGE AS FOLLOWS:

Commercial General Liability:
Per Occurrence$1,000,000
General Aggregate$2,000,000
Products & Completed Operations Coverage Aggregate$2,000,000
Property Damage per occurrence$100,000

Automobile Liability
Combined Single Limit for Bodily Injury and Property Damage Aggregate$500,000

Professional Liability (Errors and Omissions)
Provide separate “claims made” form
Per Claim$1,000,000
General Aggregate$2,000,000

CERTIFICATES OF INSURANCE: Certificates of Insurance should be issued immediately after the Contractor received notification of
award and prior to the notice to proceed. The Contractor must not commence any work under this Contract until Purchase Orders
are issued by the City of Topeka.

NAMED INSURED: The City of Topeka shall be named as an additional insured party on the Certificate of Liability Insurance.

NOTIFICATION OF ALTERATION OR MATERIAL CHANGE OR CANELLATION: A minimum of ten (10) days written notification must be
given by an insurer or any alteration, material change, or cancellation affecting any certificates or policies of insurance as required
under this Contract. Such required notification must be sent via Registered or Certified Mail to the address below:

City of Topeka
Contracts & Procurement Division
215 SE 7th Street, Room 60
Topeka, KS 66603


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Event # 2922-0: Professional Engineering Services T-701028.00




 Attachments

Attachment
Event 2922 Professional Engineering Services SW Huntoon St. T-701028.00.pdf




 Commodity Codes

Commodity Code Description
918 CONSULTING SERVICES
925 ENGINEERING SERVICES, PROFESSIONAL



 Line Details

Line 1: Professional Engineering Services T-701028.00
 Description: Enter 1.00 in the unit price field and upload your technical proposal. Pricing proposals are not being solicited at
 this time and will be negotiated with the selected firm. You must click "Submit" to submit your proposal.
 Item: SW HUNTOON STREET T-701028.00 HUNTOON GAGE TO SW HARRISON ST
 Commodity 925 ENGINEERING SERVICES, PROFESSIONAL
 Code:
 Quantity: 1.000 UOM: EA
 Requested 12/31/2024
 Delivery Date:
 Require Yes Price Breaks Allowed: No Alternate Items No
 Response: Allowed:
 Add On No
 Charges
 Allowed:


 Line 1 Distributions
Event Company Dist Company Acct Unit Account Percent
1 1 2750909105 53000 100.000%




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 Contracts & Procurement Division procurement@topeka.org
 City Hall, 215 SE 7th St., Room 60 Tel: 785-368-3749
 Topeka, KS 66603 Fax: 785-368-4499


 RFP for Professional Engineering Services
 SW Huntoon Street
 (SW Gage Blvd. to SW Harrison Street)
 Conceptual Plan
 Project No. 701028.00

I. Purpose for Request
 The City of Topeka (City) is requesting proposals for professional engineering services for
 Project No. 701028.00, “SW Huntoon St.: Gage Blvd. to Harrison St.” (the Project). The
 services include providing a conceptual plan for pavement and other public infrastructure
 improvements along the Project corridor. See exhibit at the end of this request for the Project
 limits. This concept plan will identify and define multiple options for the scope of improvements
 for the following: pavement, curb and gutter, and sidewalks; lane configuration; addition of
 Complete Streets elements; traffic signals and other traffic control devices; street lighting;
 landscaping; and construction timeframe/phasing. In addition, the condition of all City-owned
 utilities will be investigated, and the concept plan will include recommendations for replacement
 or repair, as appropriate. The concept plan will be conducted in 2024 and will provide the City
 with multiple options for the scope of improvements for the Project.

II. Background Information
 SW Huntoon St. is a two-lane, one-way (eastbound) minor arterial roadway between Gage
 Blvd. and Harrison St. PCI values range from 12 to 84, with a weighted average of 60. This
 section of Huntoon St. is primarily residential as it goes past the Westboro, Collins Park,
 College Hill, Central Park, and Historic Holiday Park neighborhoods. There is also a small
 business area at Oakley Ave. There are existing traffic signals at the Gage Blvd., Washburn
 Ave., Lane St., Taylor St., and Topeka Blvd. intersections.

III. Scope of Services
 This project will investigate multiple options for the scope of improvements. Basic Services
 provided may include, but are not limited to the following:

 A. Meet with City staff at critical stages throughout the conceptual investigation for the Project
 and document these meetings.
 B. Measure existing and determine projected traffic volumes.
 C. Perform select field and topographic surveys, as needed.
 D. Coordinate with the City Utilities Department to assess the existing condition of City-
 owned utility systems, and determine warrants and guidelines to follow for
 improvements to these systems.



 Page 1 of 3
 E. Investigate existing subgrade and pavement types, thicknesses, and conditions.
 F. Investigate and/or provide recommendations for changes to or additions of the following
 elements: scope of pavement improvements, pavement type, lane configuration,
 sidewalks, Complete Streets elements, traffic signals and other traffic control devices,
 street lighting, and landscaping.
 G. Attend and conduct up to six (6) public information and/or stakeholder meetings during
 the concept phase to gather input and feedback from (and provide information and
 updates to) the public, neighborhood associations, and other stakeholder groups.
 H. Determine up to three (3) options for the scope of improvements for the Project, with a
 preliminary opinion of construction cost estimate for each option. Associated design
 life, level of service, and other pros and cons should be clearly identified for each
 option. General construction phasing and timelines should also be determined for each
 option.
 I. Assist City staff with public relations and responses to inquiries from residents, business
 owners, the general public.

 Additional services to be considered, as selected at the sole option of the City, include the
 following: survey and design; construction inspection and administration.

IV. Deliverables
 The concept plan will be conducted in 2024. Multiple options for the scope of improvements, as
 described above, will be presented to the City for determination and selection of the desired
 scope of work. The Engineering Division will administer the Project for the City.

V. Schedule
 The concept plan will be conducted in 2024. Design work will begin in 2025, with right-of-way
 acquisition and utility relocations, as necessary, in 2026. Depending on the ultimate scope of
 work, construction is anticipated to occur in 2027-2029.

VI. City Resources to Be Provided
 All information that the City has relating to the project will be made available to the selected
 firm.

VII. Proposed Format
 All information submitted becomes the property of the City of Topeka. Proposals received after
 the time indicated in this request will not be considered. Proposals are to be limited to a total of
 10 (ten) pages (not counting front and back cover, cover letter, table of contents, and section
 dividers) using margins not smaller than 0.75” and font size not smaller than 10. The proposal
 should include the following:

 A. Project understanding
 B. Project approach
 C. Company background
 D. Similar experience
 E. Project team
 F. Proposed design schedule
 G. Exhibit (limit 1 page; 8”x11.5” or 11”x17”; e.g. preliminary alignment for the Project,
 plan-profile sheet from a previous project, public relations flier from previous project)




 Page 2 of 3
VIII. Selection Process
 The City will review all submittals and select the Firm that is deemed most qualified to begin
 the negotiation process for the scope of services and schedule of fees. If the City and the
 selected Firm cannot agree on scope and/or a schedule of fees, the City may terminate
 negotiations and proceed with selecting another Firm. Proposal evaluation scoring will be based
 primarily on the following considerations:

 A. 20% Project Understanding
 B. 20% Project Approach
 C. 15% Company Background
 D. 15% Similar Experience
 E. 15% Project team
 F. 15% Proposed Design Schedule




 Project Limits




 SW Huntoon Street: Gage Blvd. to Harrison Street




 Page 3 of 3
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 June 18, 2024


DATE: June 18, 2024
CONTACT PERSON: Braxton Copley, Public DOCUMENT #:
 Works Director
SECOND PARTY/SUBJECT: Hotel Topeka ADA PROJECT #:
 Path, Sidewalk and
 Loading Dock Repairs
CATEGORY/SUBCATEGORY 020 Resolutions / 004 Public Improvements
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

RESOLUTION introduced by the Policy and Finance Committee comprised of Councilmembers Marcus
Miller, Spencer Duncan and Michelle Hoferer, authorizing the use of $125,662 from the Unassigned
Reserve Fund for site improvements at Hotel Topeka.

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

(Approval would allow for construction of a handicap accessible walkway from Topeka Boulevard to Hotel
Topeka, repairs to the existing sidewalk on the exterior of the building and repairs to the existing loading dock
on the north side of the hotel. The Policy and Finance Committee will consider this item at the June 11, 2024
Committee meeting.)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to adopt the recommendation of the Public Infrastructure Committee.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the resolution.
BACKGROUND:
This is for construction of a handicap accessible walkway from Topeka Boulevard to Hotel Topeka, repairs to the
existing sidewalk on the exterior of the building and repairs to the existing loading dock on the north side of the
hotel. An engineering scope and fee of $15,000, a contingency fee of 10% and taxes are included in the
estimate. The Policy and Finance Committee will consider this item at the June 11, 2024 Committee meeting.
BUDGETARY IMPACT:
$125,662.00
SOURCE OF FUNDING:
Excess Funds from the 2023 Unreserved Fund Balance. This project meets one or more of the conditions stated
in Resolution No. 9512 for use of said funds.

ATTACHMENTS:
Description
Resolution
Capital Request Form
Cook, Flatt and Strobel ADA Path Estimate
Cook, Flatt and Strobel Sidewalk & Loading Dock Repairs Estimate
 1 RESOLUTION NO. ___________
 2
 3 A RESOLUTION introduced by the Policy and Finance Committee comprised of
 4 Councilmembers Marcus Miller, Spencer Duncan and Michelle
 5 Hoferer, authorizing the use of $125,662 from the Unassigned
 6 Reserve Fund for site improvements at Hotel Topeka.
 7
 8 WHEREAS, Resolution No. 9512 establishes a policy regarding Unassigned

 9 Reserve Fund expenditures that requires Governing Body authorization; and

10 WHEREAS, there’s a need for site improvements at Hotel Topeka; and

11 WHEREAS, the Governing Body agrees with the need for these improvements.

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

13 CITY OF TOPEKA, KANSAS, that it authorizes $125,662 from the Unassigned Reserve

14 Fund for site improvements including an ADA accessible path with sidewalks and ramps,

15 loading dock repairs and sidewalk repairs at Hotel Topeka. This project meets one or more

16 of the conditions stated in Resolution No. 9512 for use of said funds.

17 ADOPTED and APPROVED by the Governing Body .

18

19 CITY OF TOPEKA, KANSAS

20
21
22
23
24 Michael Padilla, Mayor
25 ATTEST:
26
27
28
29 ______________________________
30 Brenda Younger, City Clerk




 RES/Unassigned Reserve (Hotel Topeka Site Improvements) 5/22/24 1
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 June 18, 2024


DATE: June 18, 2024
CONTACT PERSON: Braxton Copley, Public DOCUMENT #:
 Works Director
SECOND PARTY/SUBJECT: Hotel Topeka Fire and PROJECT #:
 Smoke Damper
 Actuators Replacement
CATEGORY/SUBCATEGORY 020 Resolutions / 004 Public Improvements
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

RESOLUTION introduced by the Policy and Finance Committee comprised of Councilmembers Marcus
Miller, Spencer Duncan and Michelle Hoferer, authorizing the use of $59,589.19 from the Unassigned
Reserve Fund for the replacement of faulty smoke and fire damper actuators at Hotel Topeka.

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

(Approval would allow the transfer of $59,589.19 to the Topeka Development Corporation (TDC) to replace
faulty smoke and fire damper actuators at the Hotel Topeka. The Policy and Finance Committee will consider
this item at the June 11, 2024 Committee meeting.)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to approve the recommendation of the Public Infrastructure Committee to approve funding that will allow
TDC to replace faulty smoke and fire damper actuators in 36 guest rooms at Hotel Topeka.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the resolution.
BACKGROUND:
The Hotel Topeka staff have completed an evaluation of all fire and smoke dampers. In the hotel, 13 actuators on
each floor are mechanically activated and 26 actuators on each floor are operated by a fusible link that once
melted, will shut the damper. Staff have identified that 36 of the mechanically activated dampers need to be
replaced or repaired. To do the work, access panels must be installed. To address the immediate life safety issue,
all of the mechanically operated dampers have been closed. Johnson Controls has provided a cost estimate of
$34,344.00 to remove and replace the faulty fire and smoke damper actuators, and Kelley Construction Co. has
provided a cost estimate of $27,650.00 to expand access panel openings and install new access panels and
patchwork for each room, totaling $59,589.19 including tax. The Policy and Finance Committee will consider this
item at the June 11, 2024 Committee meeting.
BUDGETARY IMPACT:
$59,589.19
SOURCE OF FUNDING:
Excess Funds from the 2023 Unreserved Fund Balance. This project meets one or more of the conditions stated
in Resolution No. 9512 for use of said funds.

ATTACHMENTS:
Description
Resolution
Capital Request Form
Johnson Controls Quote
Kelley Construction Co. Quote 1
Kelley Construction Co. Quote 2
 1 RESOLUTION NO. ___________
 2
 3 A RESOLUTION introduced by the Policy and Finance Committee comprised of
 4 Councilmembers Marcus Miller, Spencer Duncan and Michelle
 5 Hoferer, authorizing the use of $59,589.19 from the Unassigned
 6 Reserve Fund for the replacement of faulty smoke and fire damper
 7 actuators at Hotel Topeka.
 8
 9 WHEREAS, Resolution No. 9512 establishes a policy regarding Unassigned

10 Reserve Fund expenditures that requires Governing Body authorization; and

11 WHEREAS, there are 36 sleeping rooms in Hotel Topeka with faulty fire and smoke

12 damper actuators that need replaced; and

13 WHEREAS the Governing Body agrees with the need to replace the actuators.

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

15 CITY OF TOPEKA, KANSAS, that it authorizes $59,589.19 from the Unassigned Reserve

16 Fund to replace faulty smoke and fire damper actuators in Hotel Topeka. This project

17 meets one or more of the conditions stated in Resolution No. 9512 for use of said funds.

18 ADOPTED and APPROVED by the Governing Body .

19

20 CITY OF TOPEKA, KANSAS

21
22
23
24
25 Michael Padilla, Mayor
26 ATTEST:
27
28
29
30 ______________________________
31 Brenda Younger, City Clerk




 RES/Unassigned Reserve (Hotel Topeka Actuators) 5/13/24 1
Capital Request Form
Location Hotel Topeka at City Center


Scope Remove and replace faulty fire and smoke damper actuators from 36 sleeping rooms. Expand access panel opening and install new access panel to install new
 damper actuators. Patchwork for each room was requested in the estimate.




 Date Vendor Quote
Proposal #1 Johnson Controls/Benchmark $ 71,886.45
Proposal #2 Johnson Controls/Kelley $ 59,589.19
Proposal #3 Johnson Controls/RVS $ 92,667.56
Proposal #4 Johnson Controls/Murray & Sons $ 62,914.52 Date
Proposal #5 P1 Service/Benchmark $ 80,256.10 Approval: Wayne Wazlawik 5/10/2024
Proposal #6 P1 Service/Kelley $ 67,958.84 General Manager
Proposal #7 P1 Service/RVS $ 101,037.21 Date
Proposal #8 P1 Service/Murray & Sons $ 71,284.17 Approval:
 Regional Director of Operations
 Budget Not Budgeted Actual $ 59,589.19 Date
 Approval:
If Over Budget Why?




Make sure all proposals at attached
Questions: Do they have workers Compensation insurance
 Copy of insurance with our entity additional insured
 What is the warranty on the work performed




 5/15/2024
Capital Request Form
Location Hotel Topeka at City Center


Scope Remove and replace faulty fire and smoke damper actuators from 36 sleeping rooms. Expand access
 damper actuators. Patchwork for each room was requested in the estimate.




 Date Vendor Quote
Proposal #1 5/2/2024 Johnson Controls $ 37,555.16
Proposal #2 5/7/2024 P1 Service, LLC $ 45,924.81
Proposal #3
Proposal #4
Proposal #5
Proposal #6
Proposal #7
Proposal #8

 Budget Not Budgeted Actual $ 37,555.16

If Over Budget Why?




Make sure all proposals at attached
Questions: Do they have workers Compensation insurance
 Copy of insurance with our entity additional insured
 What is the warranty on the work performed
at City Center

leeping rooms. Expand access panel opening and install new access panel to install new




 Date
 Approval: Wayne Wazlawik 5/10/2024
 General Manager
 Date
 Approval:
 Regional Director of Operations
 Date
 Approval:
Capital Request Form
Location Hotel Topeka at City Center


Scope Remove and replace faulty fire and smoke damper actuators from 36 sleeping rooms. Expand access
 damper actuators. Patchwork for each room was requested in the estimate.




 Date Vendor Quote
Proposal #1 5/8/2024 Benchmark Property Remodeling $ 34,331.29
Proposal #2 5/8 & 5/9/2024 Kelley Construction $ 22,034.03
Proposal #3 5/8/2024 RVS Drywall $ 55,112.40
Proposal #4 5/10/2024 Murray and Sons Construction Co. $ 25,359.36
Proposal #5
Proposal #6
Proposal #7
Proposal #8

 Budget Not Budgeted Actual $ 22,034.03

If Over Budget Why?




Make sure all proposals at attached
Questions: Do they have workers Compensation insurance
 Copy of insurance with our entity additional insured
 What is the warranty on the work performed
at City Center

leeping rooms. Expand access panel opening and install new access panel to install new




 Date
 Approval: Wayne Wazlawik 5/10/2024
 General Manager
 Date
 Approval:
 Regional Director of Operations
 Date
 Approval:
 HOTEL TOPEKA FIRE SMOKE DAMPER ACTUATORS
 Quote Prepared by John White
 05/03/2024

 PROPOSAL
 Account Information
 POSAL
 Bill To: HOTEL TOPEKA AT CITY CENTER
 1717 SW TOPEKA BLVD
 TOPEKA KS
 USA 66612
 Quote Reference Number: 1-1P1T9YLB
 Project Name: HOTEL TOPEKA FIRE SMOKE DAMPER ACTUATORS
 Site: HOTEL TOPEKA AT CITY CENTER
 1717 SW TOPEKA BLVD
 TOPEKA KS 66612-1410
 Branch Info: JOHNSON CONTROLS KANSAS CITY MO CB - 0N42
 Attn: Juan Lim


 Customer Information

 Name: Juan Lim

 This proposal is hereby accepted and Johnson Controls is authorized to proceed with the work, subject to credit
 approval By Johnson Controls, Inc. Milwaukee, WI.
 We propose to furnish the materials and/or perform the work below for the net price of: $34,344.00

 This proposal is valid through: 06/02/2024

 HOTEL TOPEKA AT CITY CENTER Johnson Controls Inc.


 Signature: Signature:
 Name: Name:
 Title: Title:
 Date: Date:
 PO:




CONFIDENTIAL: For customer review. ©2022 Johnson Controls
 Page 1 of 6
 Proposal Overview

 Benefits/Scope of Work: Furnish and install quantity of 36 new fire smoke damper actuators for 120 volt
 application.

 Excludes any associated ceiling work or ceiling repair.




 Exclusions: 1.Labor or material not specifically described above is excluded from this proposal.
 2.Unless otherwise stated, any and all overtime labor is excluded from this proposal.
 3.Applicable taxes or special freight charges are excluded from this proposal




CONFIDENTIAL: For customer review. ©2022 Johnson Controls
 Page 2 of 6
(IMPORTANT): This proposal incorporates by reference the terms and conditions which are attached to this document. All work is to be performed Monday
through Friday during normal Johnson Controls, Inc. (JCI) business hours unless otherwise noted. This proposal, or any accepted alternates, are hereby accepted
by Customer, and JCI is authorized to proceed with the work; subject, however, to credit approval by JCI, Milwaukee, Wisconsin.
 TERMS AND CONDITIONS
 By accepting this proposal, Customer agrees to be bound by the following terms and conditions:
1. SCOPE OF WORK. This proposal is based upon the use of straight time labor only. Plastering, patching, and painting are excluded. Disinfecting of chiller
condenser and cooling tower water systems and components for biohazards, such as but not limited to Legionella, are excluded unless otherwise specifically
stated in this agreement. In-line duct and piping devices, including, but not limited to valves, dampers, humidifiers, wells, taps, flow meters, orifices, etc., if required
hereunder to be furnished by JCI, shall be distributed and installed by others under JCI's supervision but at no additional cost to JCI. Customer agrees to provide
JCI with required field utilities (electricity, toilets, drinking water, project hoist, elevator service, etc.) without charge. JCI agrees to keep the job site clean of debris
arising out of its own operations. Customer shall not back charge JCI for any costs or expenses without JCI's written consent. Unless specifically noted in the
statement of the scope of work or services undertaken by JCI under this agreement, JCI's obligations under this agreement expressly exclude any language or
provision of the agreement elsewhere contained which may authorize or empower the Customer to change, modify, or alter the scope of work or services to be
performed by JCI and shall not operate to compel JCI to perform any work relating to Hazards or Biohazards, such as but not limited to Legionella, without JCI's
express written consent.
2. INVOICE AND PAYMENTS. JCI may invoice Customer monthly for all materials delivered to the job site or to an off-site storage facility and for all work
performed on-site and off-site. Customer shall pay JCI at the time Customer signs this agreement an advance payment equal to [10%] of the contract price, which
advance payment shall be credited against the final payment (but not any progress payment) due hereunder. Unless otherwise agreed to by the parties, payment
is due to JCI upon Customer's receipt of JCI's invoice. Such payment is a condition precedent to JCI's obligation to perform any work under this agreement.
Invoices shall be paid by Customer via electronic delivery via EFT/ACH. Invoicing disputes must be identified by Customer in writing within 21 days of the date of
the invoice. Payment of any disputed amounts are due and payable upon resolution of such dispute. Customer acknowledges and agrees that timely payments of
the full amounts listed on invoices is an essential term of this Agreement and Customer's failure to make payment in full when due is a material breach of this
Agreement. Customer further acknowledges that if there is any amount outstanding on an invoice; it is material to JCI and will give JCI, without prejudice to any
other right or remedy, the right to, without notice: (i) suspend, discontinue or terminate performing any services and/or withhold further deliveries of equipment and
other materials, terminate or suspend any unpaid software licenses, and/or suspend JCI's obligations under or terminate this Agreement; and (ii) charge Customer
interest on the amounts unpaid at a rate equal to the lesser of one and one half (1.5) percent per month or the maximum rate permitted under applicable law, until
payment is made in full. JCI's election to continue providing future services does not, in any way diminish JCI's right to terminate or suspend services or exercise
any or all rights or remedies under this Agreement. JCI shall not be liable for any damages, claims, expenses, or liabilities arising from or relating to suspension of
services for non-payment. In the event that there are exigent circumstances requiring services or the JCI otherwise performs services at the premises following
suspension, those services shall be governed by the terms of this Agreement unless a separate contract is executed. If Customer disputes any late payment notice
or JCI's efforts to collect payment. Customer shall immediately notify JCI in writing and explain the basis of the dispute. Customer will pay all of JCI's reasonable
collection costs (including legal fees and expenses). In the event of Customer's default, the balance of any outstanding amounts will be immediately due and
payable. Lien waivers will be furnished upon request, as the work progresses, to the extent payments are received.
3. MATERIALS. If the materials or equipment included in this proposal become temporarily or permanently unavailable for reasons beyond the control and without
the fault of JCI, then in the case of such temporary unavailability, the time for performance of the work shall be extended to the extent thereof, and in the case of
permanent unavailability, JCI shall (a) be excused from furnishing said materials or equipment, and (b) be reimbursed for the difference between the cost of the
materials or equipment permanently unavailable and the cost of a reasonably available substitute therefore.
4. EQUIPMENT WARRANTY. JCI warrants that equipment manufactured or labeled by JCI shall be free from defects in material and workmanship arising from
normal usage for a period of one year. No warranty is provided for third-party products and equipment installed or furnished by JCI. Such products and equipment
are provided with the third party manufacturer's warranty to the extent available, and JCI will transfer the benefits, together with all limitations, of that manufacturer'
s warranty to Customer. All transportation charges incurred in connection with the warranty for equipment and/or materials not installed by JCI shall be borne by
Customer. These warranties shall not extend to any equipment that has been abused, altered, misused or repaired by Customer or third parties without the
supervision of and prior written approval of JCI, or if JCI serial numbers or warranty date decals have been removed or altered. Customer must promptly report any
failure of the equipment to JCI in writing. Unless agreed to in writing by the parties, any technical support, assistance, or advice ("Technical Support") provided by
JCI, such as suggestions as to design use and suitability of the equipment and products for the Customer's application, is provided in good faith, but Customer
acknowledges and agrees that JCI is not the designer, engineer, or installer of record. Any Technical Support is provided for informational purposes only and shall
not be construed as a representation or warranty, express or implied, concerning the proper selection, use, and/or application of the equipment and products.
Customer assumes exclusive responsibility for determining if the equipment and products supplied by JCI are suitable for its intended application and all risk and
liability, whether based in contract, tort or otherwise, in connection with its application and use of the equipment and products.
5. LIMITED WARRANTY. JCI warrants its workmanship or that of its agents (Technicians) in relation to installation of equipment for a period of ninety (90) days
from date of installation. Customer shall bear all labor costs associated with replacement of failed equipment still under JCI's equipment warranty or the original
manufacturer's warranty, but outside the terms of this express labor warranty. All warranty labor shall be executed on normal business days during JCI normal
business hours. These warranties do not extend to any equipment which has been repaired by others, abused, altered, or misused in any way, or which has not
been properly and reasonably maintained. THESE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT
NOT LIMITED TO THOSE OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE. UNDER NO CIRCUMSTANCES SHALL JCI BE LIABLE FOR
ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO ANY DEFECT IN MATERIAL OR WORKMANSHIP OF
EQUIPMENT OR THE PERFORMANCE OF SERVICES. JCI makes no and specifically disclaims all representations or warranties that the services, products,
software or third party product or software will be secure from cyber threats, hacking or other similar malicious activity, or will detect the presence of, or eliminate,
treat, or mitigate the spread, transmission, or outbreak of any pathogen, disease, virus or other contagion, including but not limited to COVID 19.
6. LIABILITY. To the maximum extent permitted by law, in no event shall JCI and its affiliates and their respective personnel, suppliers and vendors ("JCI Parties")
be liable to you or any third party under any cause of action or theory of liability even if advised of the possibility of such damages, for any: (a) special, incidental,
consequential, punitive, or indirect damages; (b) lost profits, revenues, data, customer opportunities, business, anticipated savings, or goodwill; (c) business
interruption; or (d) data loss or other losses arising from viruses, ransomware, cyber-attacks or failures or interruptions to network systems. In any case, the entire
aggregate liability of the JCI Parties under this proposal for all damages, losses, and causes of action (whether in contract, tort (including negligence), or



 CONFIDENTIAL: For customer review. ©2022 Johnson Controls
 Page 3 of 6
otherwise) shall be limited to the amounts payable to JCI hereunder.
7. FAR. JCI supplies "commercial items" within the meaning of the Federal Acquisition Regulations (FAR), 48 CFR Parts 1-53. As to any customer order for a U.S.
Government contract, JCI will comply only with those mandatory flow-downs for commercial item and commercial services subcontracts listed either at FAR
52.244-6, or 52.212-5(e)(1), as applicable.
8. TAXES. The price of this proposal does not include duties, sales, use, excise, or other taxes, unless required by federal, state, or local law. Customer shall pay,
in addition to the stated price, all taxes not legally required to be paid by JCI or, alternatively, shall provide JCI with acceptable tax exemption certificates. JCI shall
provide Customer with any tax payment certificate upon request and after completion and acceptance of the work.
9. DELAYS. JCI shall not be liable for any delay in the performance of the work resulting from or attributed to acts of circumstance beyond JCI's control, including
but not limited to; acts of God, fire, riots, labor disputes, conditions of the premises, acts or omissions of the Customer, Owner, or other Contractors or delays
caused by suppliers or subcontractors of JCI, etc.
10. COMPLIANCE WITH LAWS. JCI shall comply with all applicable federal, state, and local laws and regulations, and shall obtain all temporary licenses and
permits required for the prosecution of the work. Licenses and permits a permanent nature shall be procured and paid for by the Customer.
11. PRICING. JCI may increase prices upon notice to the Customer to reflect increases in material and labor costs. Prices for products covered by this Agreement
may be adjusted by JCI, upon notice to Customer at any time prior to shipment and regardless of Customer's acceptance of JCI's proposal or quotation, to reflect
any increase in JCI's cost of raw materials (e.g., steel, aluminum) inability to secure Products, changes or increases in law, labor, taxes, duties, tariffs or quotas,
acts of government, any similar charges, or to cover any extra, unforeseen and unusual cost elements. This Agreement is entered into with the understanding that
the services to be provided by JCI are not subject to any local, state, or federal prevailing wage statute. If it is later determined that local, state, or federal prevailing
wage rates apply to the services to be provided by JCI, JCI reserves the right to issue a modification or change order to adjust the wage rates to the required
prevailing wage rate. Customer agrees to pay for the applicable prevailing wage rates.
12. DISPUTES. JCI shall have the sole and exclusive right to determine whether any dispute, controversy or claim arising out of or relating to the Agreement, or
the breach thereof, shall be submitted to a court of law or arbitrated. The laws of Delaware shall govern the validity, enforceability, and interpretation of this
Agreement, without regard to conflicts of law principles thereof, and the exclusive venue for any such litigation or arbitration shall be in Milwaukee, Wisconsin. The
parties waive any objection to the exclusive jurisdiction of the specified forums, including any objection based on forum non conveniens. In the event the matter is
submitted to a court, JCI and Customer hereby agree to waive their right to trial by jury. In the event the matter is submitted to arbitration by JCI, the costs of
arbitration shall be borne equally by the parties, and the arbitrator's award may be confirmed and reduced to judgment in any court of competent jurisdiction. If JCI
prevails in any collection action. Buyer will pay all of JCI's reasonable collection costs (including legal fees and expenses). Except as provided below, no claim or
cause of action, whether known or unknown, shall be brought by either party against the other more than one year after the claim first arose. Claims not subject to
the one-year limitation include claims for unpaid: (1) contract amounts, (2) change order amounts (approved or requested) and (3) delays and/or work
inefficiencies.
13. INSURANCE. Insurance coverage in excess of JCI's standard limits will be furnished when requested and required. No credit will be given or premium paid by
JCI for insurance afforded by others.
14. INDEMNITY. The Parties hereto agree to indemnify each other from any and all liabilities, claims, expenses, losses or damages, including attorney's fees
which may arise in connection with the execution of the work herein specified and which are caused, by the negligent act or omission of the indemnifying Party.
15. CUSTOMER RESPONSIBILITIES. Customer is solely responsible for the establishment, operation, maintenance, access, security and other aspects of its
computer network ("Network") and shall supply JCI secure Network access for providing its services. Products networked, connected to the internet, or otherwise
connected to computers or other devices must be appropriately protected by Customer and/or end user against unauthorized access. Customer is responsible to
take appropriate measures, including performing back-ups, to protect information, including without limit data, software, or files (collectively "Data") prior to
receiving the service or products.
16. FORCE MAJUERE: JCI shall not be liable, nor in breach or default of its obligations under this Agreement, for delays, interruption, failure to render services,
or any other failure by JCI to perform an obligation under this Agreement, where such delay, interruption or failure is caused, in whole or in part, directly or
indirectly, by a Force Majeure Event. A "Force Majeure Event" is a condition or event that is beyond the reasonable control of JCI, whether foreseeable or
unforeseeable, including, without limitation, acts of God, severe weather (including but not limited to hurricanes, tornados, severe snowstorms or severe
rainstorms), wildfires, floods, earthquakes, seismic disturbances, or other natural disasters, acts or omissions of any governmental authority (including change of
any applicable law or regulation), epidemics, pandemics, disease, viruses, quarantines, or other public health risks and/or responses thereto, condemnation,
strikes, lock-outs, labor disputes, an increase of 5% or more in tariffs or other excise taxes for materials to be used on the project, fires, explosions or other
casualties, thefts, vandalism, civil disturbances, insurrection, mob violence, riots, war or other armed conflict (or the serious threat of same), acts of terrorism,
electrical power outages, interruptions or degradations in telecommunications, computer, network, or electronic communications systems, data breach, cyber-
attacks, ransomware, unavailability or shortage of parts, materials, supplies, or transportation, or any other cause or casualty beyond the reasonable control of JCI.
If JCI's performance of the work is delayed, impacted, or prevented by a Force Majeure Event or its continued effects, JCI shall be excused from performance
under the Agreement. Without limiting the generality of the foregoing, if JCI is delayed in achieving one or more of the scheduled milestones set forth in the
Agreement due to a Force Majeure Event, JCI will be entitled to extend the relevant completion date by the amount of time that JCI was delayed as a result of the
Force Majeure Event, plus such additional time as may be reasonably necessary to overcome the effect of the delay. To the extent that the Force Majeure Event
directly or indirectly increases JCI's cost to perform the services, Customer is obligated to reimburse JCI for such increased costs, including, without limitation,
costs incurred by JCI for additional labor, inventory storage, expedited shipping fees, trailer and equipment rental fees, subcontractor fees, compliance with
vaccination requirements or other costs and expenses incurred by JCI in connection with the Force Majeure Event.
17. SAFETY, HEALTH AND HAZARDOUS MATERIALS. The Parties hereto agree to notify each other immediately upon becoming aware of an inspection under,
or any alleged violation of the, Occupational Safety and Health Act relating in any way to the project or project site. ACM /Hazardous Materials: Customer shall
supply JCI with any information in its possession relating to the presence of asbestos-containing materials ("ACM") or hazardous materials at any of its facilities
where JCI's undertakes any Work or Services that may result in the disturbance of ACM or hazardous materials. JCI shall not be responsible for abatement and/or
removal and disposal of hazardous materials or ACM. If either Customer or JCI becomes aware of or suspects the presence of ACM or hazardous materials that
may be disturbed by JCI's Work or Services, JCI shall immediately stop all work until such ACM or hazardous or unsafe condition is rectified by Owner and Owner
so notifies JCI in writing that work can safely be resumed, based on test conducted by a licensed testing organization. Timetables for delivery of JCI's products or
services and the contract price shall be adjusted appropriately for any associated delay.
18. ONE-YEAR CLAIMS LIMITATION. No claim or cause of action, whether known or unknown, shall be brought against JCI more than one year after the claim
first arose. Except as provided for herein, JCI's claims must also be brought within one year. Claims for unpaid contract amounts are not subject to the one-year
limitation.




 CONFIDENTIAL: For customer review. ©2022 Johnson Controls
 Page 4 of 6
19. DIGITAL ENABLED SERVICES.; DATA. If JCI provides Digital Enabled Services under this Agreement, these Digital Enabled Services require the collection,
transfer and ingestion of building, equipment, system time series, and other data to JCI's cloud-hosted software applications. Customer consents to and grants
JCI right to collect, ingest and use such data to enable JCI and its affiliates and agents to provide, maintain, protect, develop and improve the Digital Enabled
Services and JCI products and services. Customer acknowledges that, while Digital Enabled Services generally improve equipment performance and services,
Digital Enabled Services do not prevent all potential malfunction, insure against all loss, or guarantee a certain level of performance. Customer shall be solely
responsible for the establishment, operation, maintenance, access, security and other aspects of its computer network ("Network"), shall appropriately protect
hardware and products connected to the Network and will supply JCI secure Network access for providing its Digital Enabled Services. As used herein, "Digital
Enabled Services" mean services provided hereunder that employ JCI software and related equipment installed at Customer facilities and JCI cloud-hosted
software offerings and tools to improve, develop, and enable such services. Digital Enabled Service may include, but are not limited to, (a) remote servicing and
inspection, (b) advanced equipment fault detection and diagnostics, and (c) data dashboarding and health reporting. If Customer accesses and uses Software that
is used to provide the Digital Enabled Services, the Software Terms (defined below) will govern such access and use.
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johnsoncontrols.com/techterms (collectively, the "Software Terms"). Specifically, the JCI General EULA set forth at www.johnsoncontrols.
com/buildings/legal/digital/generaleula governs access to and use of software installed on Customer's premises or systems and the JCI Terms of Service set forth
at www.johnsoncontrols.com/buildings/legal/digital/generaltos govern access to and use of hosted software products. The applicable Software Terms are
incorporated herein by this reference. Other than the right to use the Software as set forth in the Software Terms, JCI and its licensors reserve all right, title, and
interest (including all intellectual property rights) in and to the Software and improvements to the Software. The Software that is licensed hereunder is licensed
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metrics or volume set forth in this Agreement and applicable SOW will be subject to additional fees based on the date such excess use began.

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25. CHANGES. No change or modification of any of the terms and conditions stated herein shall be binding upon JCI unless accepted by JCI in writing.




 CONFIDENTIAL: For customer review. ©2022 Johnson Controls
 Page 5 of 6
CONFIDENTIAL: For customer review. ©2022 Johnson Controls
 Page 6 of 6
Wayne Wazlawik

From: bshepherd@kelley-construction.com
Sent: Thursday, May 9, 2024 3:54 PM
To: Wayne Wazlawik
Subject: RE: Hotel Topeka Access Doors


Wayne,

The cost to repair the ceiling around our work to include drywall repair, texture, and paint would be $250 per room.

Bernard Shepherd
Project Manager


Kelley Construction Co., Inc.
P.O. Box 750256
2548 NW Button Road
Topeka, Kansas 66675
785/235-6040 fax: 785/235-3305 cell: 785/221-3086
www.kelley-construction.com



From: Wayne Wazlawik <Wazlawikw@gfhotels.com>
Sent: Thursday, May 9, 2024 3:37 PM
To: bshepherd@kelley-construction.com
Subject: RE: Hotel Topeka Access Doors

Thank you for submi ng your proposal. If you had to patch, retexture or paint some areas, how much would that be
per room?

Thank you.

Wayne A. Wazlawik
General Manager
Hotel Topeka at City Center
1717 SW Topeka Blvd.
Topeka, KS 66612
Phone: (785) 431-4725
Fax: (785) 232-8379




From: bshepherd@kelley-construction.com <bshepherd@kelley-construction.com>
Sent: Wednesday, May 8, 2024 3:45 PM
To: Wayne Wazlawik <Wazlawikw@gfhotels.com>
Subject: Hotel Topeka Access Doors

 1
Bernard Shepherd
Project Manager


Kelley Construction Co., Inc.
P.O. Box 750256
2548 NW Button Road
Topeka, Kansas 66675
785/235-6040 fax: 785/235-3305 cell: 785/221-3086
www.kelley-construction.com




 2
lrfl KELLEY
 1
 CONSTRUCTION




 May 8, 2024

 Kelley Construction
 2548 NW Button Rd
 Topeka, KS 66618


 Ref.: Hotel Topeka Access Doors

 Dear Sirs,

 Kelley Construction is proposing to provide and install a total of 36-12"xl 8" access doors in
 the ceilings of select rooms for the sum of $11,150.00. The work will include cutting out the
 drywall, reworking the framing as needed and installing the new access door. We do not
 include drywall finishes or painting. We will clean up debris from our work. This quote is
 good for 30 days.


 If you have any questions, please feel free to contact us. P.O. Box 750256
 Topeka, KS 66675
 Sincerely, Tel (785) 235 6040
 Fax (785) 235 3305
 kelley-construction.com
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 June 18, 2024


DATE: June 18, 2024
CONTACT PERSON: Randy Phillips DOCUMENT #:
SECOND PARTY/SUBJECT: 2027 Fire Department PROJECT #:
 Fleet Replacement
CATEGORY/SUBCATEGORY 020 Resolutions / 005 Miscellaneous
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

RESOLUTION introduced by the Public Infrastructure Committee comprised of Councilmembers Sylvia
Ortiz, David Banks and Neil Dobler recommending approval of Project No. 900034.00 for the 2027 Fire
Department Fleet Replacement Program. (Public Infrastructure Committee recommended approval on June
12, 2024)

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

(Approval would authorize $2,129,198 to cover the cost of the apparatus and loose equipment on the
apparatus.)

VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
The 2027 Fire Department Fleet Replacement was approved in the 2025-2027 CIB per Resolution No. 9520 on
April 16, 2023 in the amount of $2,129,198. Section 2(d) of said Resolution states the Governing Body must
consider after a recommendation from the Public Infrastructure Committee, whether to authorize a
project if it exceeds $250,000.
STAFF RECOMMENDATION:
Staff recommends approval of the resolution.
BACKGROUND:
The 2027 Fire Department Fleet Replacement Program finances the replacement of Fire apparatus vehicles,
including engines, trucks, aerials and specialty vehicles. Ensuring the availability of reliable apparatus at all times
is crucial. Due to delays in manufacturing, to ensure delivery of the apparatus in 2027, we need to complete the
ordering process.

The amount of $2,129,198 would cover the apparatus and loose equipment on the apparatus.

The Public Infrastructure Committee recommended approval on June 12, 2024.
BUDGETARY IMPACT:
The projected cost breakdown for the 2027 Fire apparatus is Apparatus Cost: $1,961,000; Hose and
Loose Equipment: $114,000; Bond Issuance: $54,000. The total budget amount is $2,129,128.
SOURCE OF FUNDING:
Financed through General Obligation Bonds

ATTACHMENTS:
Description
Resolution
PI Committee Report (June 12, 2024)
PI Committee Minutes (Draft) June 12, 2024
Resolution No. 9520
2025-2034 CIP - 2027 Fire Replacement Program
2027 Apparatus Projected Cost Breakdown
 1 RESOLUTION NO. ___________
 2
 3 A RESOLUTION introduced by Public Infrastructure Committee comprised of
 4 Councilmembers Sylvia Ortiz, David Banks and Neil Dobler
 5 recommending approval of Project No. 900034.00 for the 2027 Fire
 6 Department Fleet Replacement Program.
 7
 8 WHEREAS, the Governing Body adopted a Resolution approving the 2025-2034

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

10 No. 9520); and

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

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

13 WHEREAS, at its meeting on June 11, 2024, the Public Infrastructure Committee

14 recommended approval of the project.

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

16 CITY OF TOPEKA, KANSAS, that Project No. 900034.00 for the 2027 Fire Department

17 Fleet Replacement Program is hereby approved with the following budget:

18 Apparatus Cost $1,961,000
19 Hose and Loose Equipment $114,000
20 Bond Issuance Costs $54,000
21 Total project cost: $2,129,198
22
23
24 ADOPTED and APPROVED by the Governing Body on _____________________.
25 CITY OF TOPEKA, KANSAS
26
27
28
29
30 Michael A. Padilla, Mayor
31 ATTEST:
32
33
34
35 ________________________________
36 Brenda Younger, City Clerk

 RES/2024 CIP Projects Exceeding $250,000
 2027 Fire Apparatus
 6/6/2024
 COMMITTEE REFERRAL SHEET
 COMMITTEE REPORT
 Name of Public Infrastructure
 Committee:

 Title: RESOLUTION – Project Budget Exceeding $250,000 – 2027
 Fire Department Fleet Replacement

Date referred
from Council
 meeting:

Date referred June 12, 2024
 from
 Committee:

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

  Comments:

Amendments:


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

Agenda Date June 18, 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: June 12, 2024 – SPECIAL MEETING
 Time: 10:30 a.m.
 Location: Virtual Attendance Only via Zoom

 Committee members present: Council members Sylvia Ortiz (Chair), David Banks,
 and Neil Dobler

 City staff present: Fire Chief Randy Phillips, Interim City Manager Richard
 Nienstedt, Senior City Attorney Brandy Roy-Bachman

 Call to Order
 Chairwoman Ortiz called the meeting to order at 10:30am. Committee members
 introduced themselves.

 Approval of May 21, 2024 Meeting Minutes
 Committee member Banks made a motion to approve the May 21, 2024 meeting
 minutes. Committee member Dobler seconded. Motion approved 3-0-0.

 CIP Projects over $250K – Fire Apparatus
 Fire Chief Randy Phillips introduced an item that he is seeking approval from the
 Committee. The total project budget is $2,129,128. It is part of the 2027 CIB, that
 was approved by the Governing Body in April. As this project exceeds the $250K
 threshold, it is required to be vetted and approved by the Public Infrastructure
 Committee and the Governing Body.

 The cost breakdown is as follows:
 • Apparatus cost: $1,961,000
 • Hose & Loose Equipment for both apparatus: $114,000
 • Bond Issuance: $54,000

 Chief Phillips explained that this project is to purchase two (2) engine company
 apparatus as part of the Fleet Replacement Program for 2027. The City was
 informed by the vendor that, in order to ensure delivery of the apparatus during
 2027, the Purchase Order (PO) would need to be submitted to them by the end of
 June. Because the City bonds the apparatus, the requirement is that the equipment
 must be on-site the year of the bond issuance.




1 – Public Works Infrastructure Committee – SPECIAL MEETING
Minutes Taken: June 12, 2024
Minutes Approved:
 Committee member Banks referenced past contracts with apparatus businesses and
 they had not been of sufficient standard. He inquired who the builder of this
 apparatus would be? Chief Phillips responded that Pierce Manufacturing from
 Appleton, WI is the builder of the apparatus, and the City works with their local
 dealer, Conrad Fire Equipment out of Olathe, KS to obtain the apparatus. He noted
 that the City has placed the last number of orders for apparatus with Pierce
 Manufacturing.

 Chairwoman Ortiz inquired which station this apparatus would be assigned to?
 Chief Phillips was not sure at this time. He noted that, between now and 2027, there
 are five (5) other engine company apparatus that will be coming in. Anytime new
 apparatus arrive, a team from the Fire Department meets with the Fleet shop prior
 to arrival to review where the oldest apparatus are, if there are apparatus that have
 been having higher than normal maintenance costs and getting those out first.
 Depending on where those locations are, the new apparatus will be assigned to
 those stations.

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


 Adjourn
 Chairwoman Ortiz adjourned the meeting at 10:36am.


 This meeting can be viewed online at:




2 – Public Works Infrastructure Committee – SPECIAL MEETING
Minutes Taken: June 12, 2024
Minutes Approved:
To: Governing Body
From: Randy Phillips, Fire Chief
Date: June 7, 2024
Subject: Purchase of 2027 Fire Apparatus


Governing Body,

This item is for the purchase of two engine company fire apparatus for 2027 as part of
the Fire Department fleet replacement program. The total project amount shown below,
along with a projected cost breakdown, has been previously approved during the CIP
process and is being brought back before you as it exceeds $250,000. This project will
be going through the Public Infrastructure Committee for potential approval prior to it
being added to the council agenda for June 18th. To insure delivery of the apparatus
during 2027 we have to have the PO issued to the vendor by the end of June due to
extended deadlines with the manufacturer. I want to thank Finance, Legal, and
Procurement for all of their assistance in this process. If you have further questions,
please contact me.

 Total Budget: $2,129,128

 Apparatus Cost: $1,961,000
 Hose & Loose Equipment: $114,000
 Bond Issuance: $54,000

Respectfully,


Randy Phillips
Fire Chief
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 June 18, 2024


DATE: June 18, 2024
CONTACT PERSON: Rhiannon M. Friedman, DOCUMENT #:
 Planning and
 Development Director
SECOND PARTY/SUBJECT: Neighborhood PROJECT #:
 Revitalization Plan
CATEGORY/SUBCATEGORY
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

DOCUMENT DESCRIPTION:

DISCUSSION regarding the renewal and adoption of the Neighborhood Revitalization Program for years
2025-2027.

(The current plan is set to expire December 31, 2024.)

VOTING REQUIREMENTS:
Discussion item only. No action required by the Governing Body.
POLICY ISSUE:
The current Neighborhood Revitalization Plan (NRP) is set to expire on December 31, 2024. The current NRP
boundary is based on the 2020 Topeka Neighborhood Health Map. This NRP renewal updates the boundary so
that it is in sync with the current 2023 neighborhood health map. The proposed NRP would last through
December 31, 2027.
STAFF RECOMMENDATION:
Preview proposed 2025-2027 Plan and discuss with no action.

Next steps would be to address any comments and begin presenting Plan to other taxing entities in July and
August for their comments. Afterwards, schedule a public hearing with Governing Body to adopt Plan in fall and
submit to other taxing entities for their approval prior to December 31, 2021.
BACKGROUND:
 Topeka's Neighborhood Revitalization Plan began in 1994. The State of Kansas authorized the program through
the Neighborhood Revitalization Act. Topeka was the first city in Kansas to adopt a local plan.

While the plan and program have had variations throughout the years, it has been continuously administered by
the City since 1995 resulting in $504 million of new investment (approximately $390 for commercial and $126
million for residential). With participating taxing entities rebating $63 million over that time, the program has
leveraged $8 of private investment for every public dollar rebated.
BUDGETARY IMPACT:
All taxing entities participate with an interlocal agreement. The other participation tax entities are: Unified School
Districts Nos. 345, 437, 450 and 501; the Board of County Commissioners of Shawnee County; Topeka Metro
Transit Authority; Metro Topeka Airport Authority; Topeka & Shawnee County Library and Washburn University.
There have been 9 plan renewals (every 3-5 years). The current plan expires on December 31, 2024.


The City does not lose any current tax revenue but rebates any increases in property tax as result of new
improvements. Over the most recent term of the Plan (2022-24), the City of Topeka received approximately $1.9
million of new tax generated by past projects and rebated approximately $710,000 annually in property taxes to
current projects.
SOURCE OF FUNDING:
Not applicable.

ATTACHMENTS:
Description
NRP Update Presentation
NRP 2025-2027
NRP Boundary Map
 City of Topeka
Neighborhood Revitalization
 Plan
 2025-2027 Renewal
Background 2


• Topeka was first city to adopt Neighborhood
  Revitalization Plan (NRP) as authorized by State
  legislation (1995)
• City has approved 9 times since 1995 with 100%
  participation of impacted tax entities
• Current plan expires on 12/31/2024
NRP Applications – Approved 3
Total Investment Amount 4
Return on Investment (2006-2023) 5




 New Tax Revenue

 All Taxing Units = $34M

 City of Topeka = $8.3M
Investment by Neighborhood Health 6




 520
 New
 Units
Downtown and Historic Investment 7
Area 8




  • Targets “At
 Risk”/”Intensive Care”
  • 2023 Neighborhood
 Health data
  • Reduces Boundary 1 sq.
 mile (19% of city)
Rebates 9


If…appraised property value increases:
 o 10% min. = Residential
 o 20% min. = Commercial/Industrial


Then… you’re returned extra property tax caused by your
improvements (50%-95%)
Rebate Types 10


Standard = 95% (years 1-5) 50% (years 6-10)

Standard Plus 10 = 95% (years 1-10)
 o Intensive Care, Historic, or Infill Housing


Standard Plus 20 = 95% (11-20 years)
 o TIF District, $10M investment, housing
 o Governing Body approval
“But For” Tests 11


Standard Rebates
 o No “but for” test required; already targets most investment-
 challenged areas
 o Application within 60 days of building permit OR up to 1 year
 with proof of prior intent
 o Significant investment thresholds to be eligible
Standard Plus 20 Rebate & Outside NR Area
 o “But For” study required
Other Matters 12


• Governing Body can approve a “Dilapidated Structure”
  worthy of preservation outside NRP area (KSA 12-17, 116)
 • Former Menninger Tower site included in the last update
Next Steps 13


Summer/Fall
 • Meet with all taxing entities


Fall/Winter
 • Hold public hearing
 • City adopts plan
 • Inter-local agreements by 12/31/2024
 14




City of Topeka
Neighborhood
Revitalization Plan
2025-2027 Renewal
 DRAFT

 2025-2027
 Prepared by : City of Topeka Planning Department
 Dan Warner, AICP, Planning Director
 Annie Driver, AICP, Planner II
 Bryson M. Risley, Planner II




  City of Topeka, Kansas
 Effective January 1, 2025
ADOPTED BY THE CITY OF TOPEKA GOVERNING BODY:

 xx/xx/2024
Table of Contents

 Page

Introduction................................................................................................................................. 3

Part 1
Description of Neighborhood Revitalization Area ...................................................................... 6

Part 2
Appraised Valuation of Real Property........................................................................................ 15

Part 3
Listing of Owners of Record in Area ......................................................................................... 15

Part 4
Summary Description of Zoning Districts .................................................................................. 15

Part 5
Major Improvements for NRP Area ........................................................................................... 16

Part 6
Statement Specifying the Eligibility Requirements for a Tax Rebate ........................................ 17

Part 7
Criteria for Determination of Eligibility ..................................................................................... 18

Part 8
Contents of Application for Tax Rebate ..................................................................................... 20

Part 9
Application Procedure ................................................................................................................ 21

Part 10
Standards and Criteria for Approval ........................................................................................... 22

Part 11
Statement Specifying Rebate Formula ....................................................................................... 23

Part 12
Other Matters .............................................................................................................................. 24

Appendix

Shawnee County Tax Levy Schedule ......................................................................................... 26




 DRAFT
 2025 - 27 Neighborhood Revitalization Plan
 Adopted by the Governing Body: xx/xx/2024

 2
 Introduction


 This Plan is intended to promote the revitalization of the inner urban area hereinfter
described as the Neighborhood Revitalization Area (NRA) of the City of Topeka through the
rehabilitation, conservation and redevelopment of the area in order to protect the public health,
safety welfare of the residents of the City. More specifically, in accordance with KSA 12-17,
118 (d), a tax rebate incentive will be available to property owners for certain improvements that
raise the appraised value of residential property 10% and commercial property 20%.
 In accordance with KSA 12-17, 114 et. seq., the Governing Body has held a public
hearing and considered the existing conditions and alternatives with respect to the described area,
the criteria and standards for a tax rebate and the necessity for interlocal cooperation among the
other taxing units (City of Topeka, Shawnee County, USD 501 (Topeka), USD 345 (Seaman),
USD 450 (Shawnee Heights), USD 437 (Auburn-Washburn Rural), Washburn University,
Topeka-Shawnee County Public Library, Topeka Metropolitan Transit Authority (TMTA),
Metropolitan Topeka Airport Authority (MTAA). Accordingly, the Governing Body has
reviewed, evaluated, and found that the described area meets one or more of the conditions
contained in KSA 12-17,115 (c).

 1. An area in which there is a predominance of buildings or improvements which by
 reason of dilapidation, deterioration, obsolescence, inadequate provision for
 ventilation, light, air, sanitation, or open spaces, high density of population and
 overcrowding, the existence of conditions which endanger life or property by fire
 and other causes or a combination of such factors, is conducive to ill health,
 transmission of disease, infant mortality, juvenile delinquency or crime and which
 is detrimental to the public health, safety or welfare;

 2. An area which by reason of the presence of a substantial number of deteriorated or
 deteriorating structures, defective or inadequate streets, incompatible land use
 relationships, faulty lot layout in relation to size, adequacy, accessibility or
 usefulness, unsanitary or unsafe conditions, deterioration of site or other
 improvements, diversity of ownership, tax or special assessment delinquency
 exceeding the actual value of the land, defective or unusual conditions of title, or
 the existence of conditions which endanger life or property by fire and other
 causes, or a combination of such factors, substantially impairs or arrests the sound
 growth of a municipality, retards the provision of housing accommodations or
 constitutes an economic or social liability and is detrimental to the public health,
 safety or welfare in its present condition and use; or
 DRAFT
 2025 - 27 Neighborhood Revitalization Plan
 Adopted by the Governing Body: xx/xx/2024

 3
 3. An area in which there is a predominance of buildings or improvements which by
 reason of age, history, architecture or significance should be preserved or restored
 to productive use.


 Furthermore, the Governing Body may declare a building outside of a NRA to be a
“dilapidated structure” if the structure satisfies the following definition KSA 12-17,115(a):
"Dilapidated structure" means a residence or other building which is in deteriorating condition by
reason of obsolescence, inadequate provision of ventilation, light, air or structural integrity or is
otherwise in a condition detrimental to the health, safety or welfare of its inhabitants or a
residence or other building which is in deteriorating condition and because of age, architecture,
history or significance is worthy of preservation.


The boundary of the proposed NRA is intended to reflect the City’s most investment-challenged
and deteriorated areas as determined by the City’s Neighborhood Health Map. The NRA includes
all designated “Intensive Care” and “At Risk” Census block groups based on the most recent
update of the health map in 2017. These areas are deemed to qualify under all of the above
criteria (KSA 12-17, 115 (c)).

In addition, some parts of the proposed NRA are outside At Risk/Intensive Care designations.
Those areas are included because they either: 1) have been historically “At Risk” since 2000, 2)
are part of infill subdivisions or redevelopment areas that were dependent upon and approved
under the City’s past Neighborhood Revitalization Plans, 3) are part of minor boundary rounding
to make the NRA as contiguous and orderly as possible, or 4) otherwise would qualify under the
above criteria (KSA 12-17, 115 (c)). Taken as a whole, the proposed NRA meets legislative and
statutory intent of KSA 12-17, 115 (c).


Any boundary expansions should be consistent with the above criteria and the State’s Attorney
General’s opinion issued in 1996 which determined that the intent of the legislation was aimed at
neighborhood stabilization and preventing deterioration in the central section of the city or more
specifically, neighborhoods. The opinion concludes that the governing body must make a finding
that the area meets one of the conditions listed in KSA 12-17, 115 (c), that rehabilitation of the
 DRAFT
 2025 - 27 Neighborhood Revitalization Plan
 Adopted by the Governing Body: xx/xx/2024

 4
area is necessary to protect the welfare of the municipalities’ residents, and that the area should
not include the entire municipality.

As a matter of policy, the City of Topeka’s NRA is also proposed to be limited in scope to the
above areas in order to promote a streamlined and administrative “but for” policy. The inherent
presumption of this Plan is that necessary private investments would not occur in these areas “but
for” the incentives offered under the Plan. Incentives are approved administratively by City of
Topeka staff upon application by the property owner without further proof of need for the
incentives. In order to enforce this assumption, the Plan puts forth thresholds for application
deadlines to ensure the applicant knew about the program prior to construction and that the
investment must create an impactful value increase.

Therefore, this Plan finds the proposed areas are most legally justifiable under State law and
provides for a streamlined “but for” test to revitalize the City’s most deteriorated sections.




 DRAFT
 2025 - 27 Neighborhood Revitalization Plan
 Adopted by the Governing Body: xx/xx/2024

 5
 PART 1
 DESCRIPTION OF NEIGHBORHOOD REVITALIZATION AREA


 The Neighborhood Revitalization Area (Map #1) in general follows the boundaries of
Intensive Care and At Risk neighborhoods as identified in the City of Topeka Neighborhood
Health Map. This map most recently updated in 2023, establishes four (4) health classifications
for neighborhoods (intensive care, at risk, out patient, and healthy) to determine priorities for re-
investment and planning assistance. They are described below in order of priority:


  High Priority Intensive Care - areas with seriously distressed conditions that need
 immediate attention and intervention

 At Risk - areas with emerging/existing negative conditions that need attention
 before they succumb to seriously distressed conditions

 Out Patient - areas with favorable conditions in need of minor isolated
 treatments

 Low Priority Healthy - areas with optimal conditions


 The four health classifications were based on five (5) vital signs that measured the relative
health of all neighborhood areas in Topeka. This neighborhood health assessment was used to
develop a “triage” approach to revitalization. Those areas that had more “life-threatening” or
urgent needs as measured by the vital signs should receive higher priority for treatment over
those areas with less urgent needs. These higher priority areas (intensive care/at risk) are the
focus for neighborhood planning efforts and public re-investment. A summary of the vital signs
include:

 Poverty (2018-2022 American Community Survey 5-Year Estimates, U.S Census) -
 High concentrations of poverty are one of the most reliable indicators of performance in
 school, crime rates, family fragmentation, job readiness, housing conditions, etc.

 Public Safety (January 2022 – December 2023, Topeka Police Dept.) – Public Safety, as
 measured by number of Part 1 crimes reported for the last two full years, is a symptom
 indicating the local environmental conditions conducive to crime and how well a
 neighborhood is organized to prevent crime from occurring.
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 Residential Property Values (July 2023, Shawnee County Appraisers Office) – Property
 values are in part a reflection of the quality of housing supply and the image of a
 neighborhood. The median value of a house purchased in Shawnee County was $122,000 in
 2018 (Topeka Association of Realtors).

 Single Family Housing Tenure (July 2023 Shawnee County Appraisers Office)
 The percentage of homeowners residing in a neighborhood can be an indication of the
 willingness (or confidence) to invest in the area. The most relevant measure of this is how
 many single-family dwellings are owner-occupied since these homes were primarily built for
 individual ownership.

 Secured Houses & Unsafe Structures (2023 City of Topeka Special Structures Unit) - A
 secured house is one of the most evident physical displays that will undermine confidence in
 an area for investment and precipitates a downward spiral for the block and/or neighborhood.

 Vital Sign Ranges (2023)
 Number of Secured and
Neighborhood Health % of Persons Below Part 1 Crimes per 100 Average Residential Property % Owner Occupied Unsafe Structures Per 100
 Composite Poverty Level Persons Values Housing Units Properties
 (avg. score) (score) (score) (score) (score) (score)
 Healthy 2023: 0 - 9% 0 - 12 2023: $134,451 and ↑ 70 - 100% 2023: 0
 (3.3 - 4.0) (4) (4) (4) (4) (4)
 Out Patient 2023: 10 - 18% 13 - 18 2023: $87,447 - $134,450 50 - 69% 2023: 0.01 - 0.75
 (2.7 - 3.2) (3) (3) (3) (3) (3)
 At Risk 2023: 19 - 30% 19 - 28 2023: $51,960 - $$87,446 34 - 49% 2023: 0.76 - 1.75
 (1.9 - 2.6) (2) (2) (2) (2) (2)
 Intensive Care 2023: 31 - 100% 29 + 2023: $51,959 and ↓ 0 - 33% 2023: 1.76 and ↑
 (1.0 - 1.8) (1) (1) (1) (1) (1)



  Area Profile
  Health rankings are determined by averaging all vital sign levels for each neighborhood area.
  Intensive care and at risk neighborhoods have the lowest vital sign measurements, and hence are
  the primary focus of the Neighborhood Revitalization (NR) Area. Below is a comparsion profile
  of the NR Area and non-NR Area

 Total Primary Neighborhood Revitalization Area 2023
 % Owner Occupied
 Part 1 Crimes per 100 % of Persons Below Secured & Unsafe Average Residential
 Health Rating Single Family Housing
 persons Poverty Level Structures Property Values
 units
 Intensive Care 35 38.5% 43.4% 2.024 $67,448
 At Risk 18 29.1% 47.3% 1.050 $74,156
 Out Patient 10 11.1% 57.5% 0.878 $90,930
 Total Primary NR Area 19 25.9% 49.5% 1.160 $77,316




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 Total Non Neighborhood Revitilization Area 2023
 % Owner Occupied
 Part 1 Crimes per 100 % of Persons Below Secured & Unsafe Average Residential
 Health Rating Single Family Housing
 persons Poverty Level Structures Property Values
 units
Out Patient 11 17.7% 61.8% 0.56 $115,743
Healthy 5 8.7% 79.7% 0.13 $212,709
Total Non NR Area 7 10.6% 75.3 0.25 $189,507




 General Characteristics 2023
 Area Square Miles % of Total #of Parcels % Total Vacent Parcels % Total
Intensive Care 2.46 3.9% 2,587 5.1% 417 10.2%
At Risk 7.59 12.0% 8,438 16.5% 1,186 29.1%
Out Patient 1.85 2.9% 2,510 4.9% 370 9.1%
Kanza/ USD 501 0.3 0.5% 29 0.06% 3 0.07%
Total NR AREA 12.15 19.3% 13,535 26.5% 1,973 48.4%
Non-NR Area 50.95 80.7% 37,612 73.5% 2,107 51.6%
Total (All Topeka) 63.1 100% 51,147 100% 4,080 100%



 General Characteristics 2023
 Total Housing Units Real Property
 Area 2022 Population % of Total % of Total % of Total
 (2018 - 2022 ACS) Valuation (2023)
Intensive Care (Primary) 4,595 3.6% 2,221 3.7% $588,646,970 6.4%
At Risk (Primary) 20,732 16.4% 10,349 17.3% $1,317,793,490 14.2%
Out Patient (Primary) 8,370 6.6% 3,906 6.5% $261,039,450 2.8%
Total NR Area 33,697 26.7% 16,476 27.5% $2,167,479,910 23.4%
Non NR Area 92,734 73.3% 43,511 72.5% $9,268,928,010 100.0%
Total (All Topeka) 126,431 100.0% 59,987 100.0% 11,436,407,920 100.0%



Summary
• The primary NR Area comprises only 19.3% of the land area of Topeka, but contains
 approximately 48.4% of all vacant parcels in the City.
• The poverty rate in the primary NR Area is two and a half times the poverty rate of the non-
 NR Area.
• Average residential property values are nearly 145% greater outside of the NR Area than
 within its boundaries.
• The homeownership rate is substantially greater outside of the primary NR Area boundary
 (75.3% versus 49.5%).
• 63% of all secured and unsafe structures in the City are located within the NR Area boundary
 yet only constitute 27.5% of all housing units in the city




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 LEGAL DESCRIPTION OF
 Neighborhood Revitalization Area
 MAY 2024

PRIMARY AREA
Beginning at the intersection of the NW Topeka Boulevard and NW Independence Avenue;
thence easterly along NW Independence Avenue to its intersection with with N Kansas Avenue;
thence continuing easterly along NE Independence Avenue to its intersection with NE Meriden
Road; thence Southerly along Meriden Road to its intersection with NE Grantville Road; thence
southerly along said NE Grantville Road to its intersection with Old Soldier Creek channel;
thence easterly along Old Soldier Creek channel to its itersection with the Kansas River; thence
southerly along the Kansas River to its intersection with northerly extension of NE Chandler
Street; thence southerly along said extension of NE Chandler Street to its intersection with NE
River Road; thence northeasterly along NE River Road to its intersection with NE Division
Street; thecnce easterly along NE Division Street to its intersection with NE Sumner Street;
thence southerly along NE Sumner Street to its intersection with NE Seward Avenue; thence
westerly along NE Seward Avenue to its intersection with Sumner Street; thence Southerly along
Sumner Street to its intersection of NE Florencce Avenue; thence easterly along NE Florence
Avenue to its intersection with NE Golden Avenue; thence southerly along NE Golden Avenue
to its intersection with the Mainline Track of the Burlington Northern - Santa Fe Railway; thence
easterly along said Mailine Track to its intersection with the East line of the Northeast Quarter of
Section 33, Township 11 South, Range 16 East of the 6th P.M.; thence southerly along said East
Line to its intersection with SE 2nd Street; thence easterly along SE 2nd Street to its intersection
with Deer Creek; thence southerly along Deer Creek to its intersection with SE 6th Avenue;
thence westerly along SE 6th Avenue to its intersection with SE Deer Creek Parkway; thence
southerly along SE Deer Creek Parkway to its intersection with Interstate Highway 70; thence
westerly along Interstate Highway 70 to its intersection with SE California Avenue; thence
southerly along SE California Avenue to its intersection with the Centerline of SE 29th Street;
thence westerly along SE 29th Street to its intersection with SE Adams Street; thence southerly
along SE Adams Street to its intersection with SE 37th Street; thence westerly along SE 37th and
SW 37th Street to its intersection with SW Topeka Boulevard; thence southerly along SW Topeka
Boulevard to the Northwest corner of the Northwest Quarter of Section 30 Township 12 South
Range 16 East of the 6th P.M.; thence easterly along the North Line of said Section 30 to the
Northeast corner of the West Half of the Northeast Quarter of said Section 30; thence southerly
along the East line of said West Half to the Southeast corner of said West Half; thence westerly
along the South line of said West Half to the Southwest corner of said Northeast Quarter; thence
southerly along the East line of the Southwest Quarter of said Section 30 to its intersection with
the southwesterly right of way line of the Missouri Pacific Railroad, as recorded in Book 4251,
page 621; thence South 54 degrees 38 minutes 32 seconds East, 1304.94 feet along said right of
way line; thence southeasterly and southwesterly along said right of way line, 1020.98 feet along
the arc of a curve to the right, having a radius of 419.28 feet with a chord which bears South 21
degrees 57 minutes 15 seconds West, 786.78 feet; thence South 89 degrees 35 minutes 28
seconds West, 132.83 feet along said right of way line; thence westerly along said right of way
line, 249.10 feet along the arc of a curve to the left, having a radius of 613.69 feet with a chord
which bears South 77 degrees 55 minutes 31 seconds West, 247.40 feet to the North right of way
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line of SE 53rd Street; thence South 89 degrees 35 minutes 28 seconds West, 368.63 feet along
the North right of way of SE 53rd Street; thence southerly to the South line of Section 30; thence
westerly along the South line of Section 30 to SW Topeka Boulevard; thence northerly along
Topeka Boulevard to its intersection of Interstate Highway 470; thence westerly along Interstate
Highway 470 to its intersection with Burlingame Road; thence northerly along Burlingame Road
to its intersection with SW 37th Street; thence Easterly along SW 37th Street to its intersection
with Topeka Boulevard; thence northerly along Topeka Boulevard to its intersection with SW
29th Street; thence Easterly along SW 29th Street and SE 29th Street to its intersection with SE
Adams Street; thence northerly along SE Adams Street to its intersection with SE 21st Street;
thence westerly along SE 21st Street and SW 21st Street to the Northwest Corner of the Northwest
Quarter of Section 7 Township 12 South Range 15 East of the 6th P.M.; thence southerly along
the West line of said Quarter Section to its intersection with SW 27th Street; thence westerly
along SW 27th Street to its intersection with SW Washburn Avenue; thence northerly along SW
Washburn Avenue to its intersection with SW 11th Street; thence westerly along SW 11th Street
to its intersection with SW Woodward Avenue; thence northerly along SW Woodward Avenue
to its intersection with SW 10th Avenue; thence westerly along SW 10th Avenue to its
intersection with SW Summit Avenue; thence northerly along SW Summit Avenue to its
intersection with SW Sixth Avenue; thence easterly SW Sixth Avenue to its SW Washburn
Avenue; thence northerly along SW Washburn Avenue to its intersection with SW Willow
Avenue; thence easterly along SW Willow Avenue to its intersection with Quinton Avenue;
thence northerly along Quinton Avenue to its intersection with the Centerline of SW 1st Street;
thence easterly along SW 1st Street to the West line of Section 30, Township 11 South, Range 16
East of the 6th P.M.; thence northerly along the said West line to its intersection with the south
line of a tract of land described in a deed recorded in Book 3384 Page 896, Register of Deeds
Office, Shawnee County, Kansas; thence easterly and northeasterly along the south line and east
line of said tract of land to the South Bank of the Kansas River; thence northeasterly along the
extension of said east line to its intersection with the Kansas River; thence easterly down the
Kansas River to its intersection with SW Topeka Boulevard; thence northerly along Topeka
Boulevard to the Point of Beginning.

(AND IN ADDITION)
KANZA BUSINESS AND TECHNOLOGY PARK (OVERALL PUD BOUNDARY)

A TRACT OF LAND IN THE SOUTHEAST QUARTER, THE EAST HALF OF THE SOUTHWEST QUARTER,
LOT 3 OF THE NORTHWEST QUARTER, AND THE NORTHEAST QUARTER, ALL IN SECTION 26,
TOWNSHIP 11 SOUTH, RANGE 15 EAST OF THE SIXTH PRINCIPAL MERIDIAN, SHAWNEE COUNTY,
KANSAS, MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE SOUTHEAST CORNER OF
SAID SOUTHEAST QUARTER; THENCE ON AN ASSUMED BEARING OF NORTH 00°00'22" EAST, 30.00
FEET, ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 89°36'04" WEST,
23.50 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89°36'04" WEST, 2611.74 FEET TO A
POINT ON THE WEST LINE OF SAID SOUTHEAST QUARTER, 30.00 FEET NORTH OF THE
SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 00°06'23" WEST, 1118.90
FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 86°16'38" EAST,
130.48 FEET; THENCE NORTH 42°55'39" EAST, 233.28 FEET; THENCE NORTH 01°25'17" WEST, 497.95
FEET; THENCE SOUTH 88°46'41" WEST, 278.01 FEET TO THE WEST LINE OF SAID SOUTHEAST
QUARTER; THENCE SOUTH 00°06'23" EAST, 120.24 FEET ALONG THE WEST LINE OF SAID
SOUTHEAST QUARTER TO THE NORTH LINE OF ARLINGTON HEIGHTS SUBDIVISION; THENCE
SOUTH 89°54'32" WEST, 1309.28 FEET ALONG THE NORTH LINE OF SAID SUBDIVISION TO THE WEST
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LINE OF THE EAST HALF OF SAID SOUTHWEST QUARTER; THENCE NORTH 00°11'27" EAST, 953.94
FEET ALONG THE WEST LINE OF THE EAST HALF OF SAID SOUTHWEST QUARTER; THENCE
NORTH 00°18'11" EAST, 663.92 FEET ALONG THE WEST LINE OF SAID LOT 3 TO THE SOUTHERLY
RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY NO. 70; THENCE NORTH 88°53'30" EAST, 883.63
FEET ALONG SAID RIGHT-OF-WAY LINE; THENCE ON A CURVE TO THE LEFT, ALONG SAID RIGHT-
OF-WAY LINE, A RADIUS OF 1579.22 FEET, AN ARC DISTANCE OF 683.95 FEET, WITH A CHORD
WHICH BEARS NORTH 76°29'04" EAST, 678.62 FEET; THENCE NORTH 64°04'38" EAST, 1046.28 FEET,
ALONG SAID RIGHT-OF-WAY LINE; THENCE SOUTH 00°08'08" WEST, 213.32 FEET; THENCE SOUTH
78°48'28" EAST, 1483.53 FEET TO THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION;
THENCE SOUTH 00°08'53" EAST, 87.25 FEET ALONG THE EAST LINE OF SAID NORTHEAST
QUARTER; THENCE SOUTH 16°33'51" WEST, 156.49 FEET; THENCE SOUTH 00°08'53" EAST, 539.57
FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHEAST QUARTER, 45.00 FEET WEST OF THE
SOUTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 00°00'22" WEST, 35.43 FEET;
THENCE SOUTH 89°59'38" EAST, 21.50 FEET; THENCE SOUTH 00°00'22" WEST, 2570.01 FEET TO THE
POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT CONTAINS 258.943 ACRES, MORE OR LESS.

A TRACT OF LAND SITUATED IN THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 11 SOUTH,
RANGE 15 EAST OF THE SIXTH PRINCIPAL MERIDIAN, SHAWNEE COUNTY KANSAS, MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE
SOUTHEAST QUARTER OF SECTION 26; THENCE ALONG THE SOUTH LINE OF SAID QUARTER ON
AN ASSUMED BEARING OF SOUTH 89°35'38" WEST, A DISTANCE OF 825.36 FEET; THENCE ON A
BEARING OF NORTH 00°24'22" WEST, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING;
THENCE PARALLEL WITH THE SOUTH LINE OF SAID QUARTER ON A BEARING OF SOUTH 89°35'38"
WEST, A DISTANCE OF 515.96 FEET; THENCE ON A BEARING NORTH 00°25'19" WEST, A DISTANCE
OF 2033.61 FEET; THENCE ON A BEARING OF NORTH 44°27'37" EAST, A DISTANCE OF 68.73 FEET;
THENCE ON A BEARING OF SOUTH 63°56'06" EAST, A DISTANCE OF 18.56 FEET; THENCE ON A
BEARING OF NORTH 19°56'13" EAST, A DISTANCE OF 44.30 FEET; THENCE ON A BEARING OF
NORTH 34°34'08" EAST, A DISTANCE OF 25.22 FEET; THENCE ON A BEARING OF NORTH 72°13'53"
EAST, A DISTANCE OF 27.65 FEET; THENCE ON A BEARING OF SOUTH 37°05'32" EAST, A DISTANCE
OF 14.75 FEET; THENCE ON A BEARING OF SOUTH 54°25'19" EAST, A DISTANCE OF 16.30 FEET;
THENCE ON A BEARING OF SOUTH 80°46'21" EAST, A DISTANCE OF 23.15 FEET; THENCE ON A
BEARING OF SOUTH 87°13'11" EAST, A DISTANCE OF 11.70 FEET TO A POINT ON A CURVE TO THE
RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 75.00
FEET, A CHORD BEARING OF SOUTH 74°03'00" EAST, AND A CHORD DISTANCE OF 34.18 FEET) A
DISTANCE OF 34.48 FEET; THENCE ON A BEARING OF SOUTH 60°52'49" EAST, A DISTANCE OF 42.96
FEET; THENCE ON A BEARING OF SOUTH 53°28'55" EAST, A DISTANCE OF 108.90 FEET; THENCE ON
A BEARING OF SOUTH 31°54'18" EAST, A DISTANCE OF 87.45 FEET; THENCE ON A BEARING OF
SOUTH 26°44'08" EAST, A DISTANCE OF 158.72 FEET; THENCE ON A BEARING OF SOUTH 28°30'48"
EAST, A DISTANCE OF 137.12 FEET; THENCE ON A BEARING OF SOUTH 35°51'47" EAST, A DISTANCE
OF 63.86 FEET; THENCE ON A BEARING OF SOUTH 44°53'50" EAST, A DISTANCE OF 71.01 FEET;
THENCE ON A BEARING OF SOUTH 00°10'26" EAST, A DISTANCE OF 305.26 FEET; THENCE ON A
BEARING OF SOUTH 41°48'53" WEST, A DISTANCE OF 216.94 FEET TO A POINT ON A CURVE TO THE
LEFT; THENCE ALONG SAID CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 75.00 FEET,
A CHORD BEARING OF SOUTH 19°54'50" EAST, AND A CHORD DISTANCE OF 97.23 FEET) A
DISTANCE OF 105.78 FEET; THENCE ON A BEARING OF SOUTH 00°01'58" EAST, A DISTANCE OF 78.63
FEET; THENCE ON A BEARING OF SOUTH 34°02'36" EAST, A DISTANCE OF 118.96 FEET; THENCE ON
A BEARING OF SOUTH 00°17'22" WEST, A DISTANCE OF 227.41 FEET TO A POINT ON A CURVE TO
THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 60.00
FEET, A CHORD BEARING OF SOUTH 45°46'21" WEST, AND A CHORD DISTANCE OF 77.15 FEET) A
DISTANCE OF 83.79 FEET; THENCE ON A BEARING OF SOUTH 00°06'58" EAST, A DISTANCE OF 142.97
FEET; THENCE ON A BEARING OF SOUTH 86°22'32" WEST, A DISTANCE OF 30.69 FEET; THENCE ON
A BEARING OF SOUTH 01°46'13" EAST, A DISTANCE OF 80.18 FEET; THENCE ON A BEARING OF
SOUTH 89°57'22" WEST, A DISTANCE OF 20.82 FEET; THENCE ON A BEARING OF SOUTH 00°15'55"

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WEST, A DISTANCE OF 130.86 FEET; THENCE ON A BEARING OF SOUTH 89°40'17" EAST, A
DISTANCE OF 21.15 FEET; THENCE ON A BEARING OF SOUTH 00°20'17" WEST, A DISTANCE OF 28.30
FEET TO A POINT ON A CURVE TO THE LEFT; THENCE ALONG SAID CURVE TO THE LEFT (SAID
CURVE HAVING A RADIUS OF 118.49 FEET, A CHORD BEARING OF SOUTH 21°22'45" EAST, A CHORD
DISTANCE OF 60.15 FEET) A DISTANCE OF 60.82 FEET; THENCE ON A BEARING OF SOUTH 32°29'33"
EAST, A DISTANCE OF 24.43 FEET TO A POINT ON A CURVE TO THE RIGHT; THENCE ALONG SAID
CURVE TO THE RIGHT(SAID CURVE HAVING A RADIUS OF 194.67 FEET, A CHORD BEARING OF
SOUTH 12°51'45" EAST, AND A CHORD DISTANCE OF 80.56 FEET) A DISTANCE OF 81.15 FEET;
THENCE ON A BEARING OF SOUTH 01°52'31" EAST, A DISTANCE OF 26.20 FEET TO THE POINT OF
BEGINNING. THE ABOVE DESCRIBED TRACT OF LAND CONTAINS 24.081 ACRES, MORE OR LESS,
AND IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS, RESTRICTIONS, AND COVENANTS OF
RECORD, IF ANY.

(AND IN ADDITION)
KANZA BUSINESS AND TECHNOLOGY PARK SUBDIVISION. CONTAINS APPROXIMATELY 10.39-
ACRES, MORE OR LESS.

EXCEPT
The property commonly known as the 501 Sports Complex and legally described as follows: A tract of land in the
Southeast Quarter of Section 26, Township 11 South, Range 15 East of the Sixth Principal Meridian, described as
follows: Beginning at a point on the West line, 30.00-feet North of the Southwest Corner of said Quarter Section
(said point being on the North right-of-way line of West Sixth Street); thence North 00 degrees, 06 minutes, 40
seconds West, along said West Line, 1,118.79-feet; thence South 86 degrees, 14 minutes, 23 seconds East, 130.46-
feet; thence North 42 degrees, 56 minutes, 08 seconds East, 233.28-feet; thence North 01 degrees, 24 minutes, 28
seconds West, 497.95-feet; thence North 88 degrees, 48 minutes, 04 seconds East, 120.98-feet; thence on a 302.50-
foot radius curve to the left, with a 170.62-foot chord bearing North 72 degrees, 25 minutes, 13 seconds East, an arc
distance of 172.97-feet; thence North 56 degrees, 02 minutes, 21 seconds East, 399.91-feet; thence South 20 degrees,
26 minutes, 15 seconds East 750.52-feet; thence South 00 degrees, 24 minutes, 53 seconds East, 1, 344.97-feet to the
North right-of-way line of West Sixth Street; thence South 89 degrees, 36 minutes, 04 seconds West, along said
North right-of-way line, 1,162.82-feet to the Point of Beginning. The above contains 44.001-acres, more or less, all
in the City of Topeka, Shawnee County, Kansas.

(AND IN ADDITION)
Cowdin Subdivision No. 3, according to the recorded plat thereof.

 (AND IN ADDITION)
Southern Hills Subdivision “A”, Southern Hills Subdivision “B”, and Southern Hills Subdivision “C” according to
the recorded plats thereof. Contains approximately 110.8 acres.

(AND IN ADDITION)
Drakes Farm Subdivision, according to the recorded plat thereof.

(AND IN ADDITION)
3528 SE Cyprus Drive - Lot 1, Block A, Croco Park Subdivsion

(AND IN ADDITION)
3521 SE 21st Street – Lots 1, 2, 4, and 4, Block A, Altair Heights Subdivision No. 6.

(AND IN ADDITION)
Lot 1, Block A, Altair Heights Subdivision No. 3, less street right-of-way.


OUTSIDE REVITALIZATION AREA; ‘DILAPIDATED STRUCTURE’:

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(Menninger Clock Tower Building)
A portion of Lot 1, Block A, Menninger Foundation Subdivision, being situated in the Southwest Quarter of Section
28, Township 11 South, Range 15 East of the 6th P.M., in the City of Topeka, Shawnee County, Kansas, more
particularly described as follows: Commencing at the Northwest corner of said Southwest Quarter, being a point on
the West line of Menninger Foundation Subdivision; thence on an assumed Azimuth of 179 degrees 17 minutes 46
seconds coincident with the West line of said Menninger Foundation Subdivision, a distance of 638.96 feet; then on
Azimuth 89 degrees 17 minutes 46 seconds, perpendicular to the West line of Menninger Foundation Subdivision, a
distance of 898.87 feet to the Point of Beginning; thence on Azimuth 88 degrees 07 minutes 19 seconds, a distance
of 329.86 feet; thence on Azimuth 177 degrees 11 minutes 06 seconds, a distance of 250.36 feet; thence on Azimuth
183 degrees 05 minutes 12 seconds, a distance of 141.29 feet; thence on Azimuth 194 degrees 58 minutes 13
seconds, a distance of 66.17 feet; thence on Azimuth 177 degrees 47 minutes 10 seconds, a distance of 178.14 feet;
thence on Azimuth 267 degrees 50 minutes 09 seconds, a distance of 275.83 feet; thence on Azimuth 357 degrees 50
minutes 17 seconds, coincident with centerline of an existing access road recorded in Book 4314, Page 099 in the
Register of Deeds Office for Shawnee County, a distance of 431.62 feet; thence on Azimuth 317 degrees 14 minutes
41 seconds, a distance of 39.39 feet; thence on Azimuth 358 degrees 10 minutes 19 seconds, a distance of 172.54
feet to the Point of Beginning.




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 PART 2

 APPRAISED VALUATION OF REAL PROPERTY

 The appraised valuation of the Menninger Clock Tower and the real estate contained in the
Neighborhood Revitalization Area as of July, 2023 for each parcel by land and building values is
on file in the office of the Shawnee County Appraiser. The January 1, 2024 appraised valuation
for the 13,548 parcels contained in the area is:

 Land $ 266,766.250

 Improvements $ 1,961,021.080

 Total Appraised Valuation $ 2,227, 787. 330

 Updated values from Shawnee County Appraiser, May 2024

 PART 3

 LISTING OF OWNERS OF RECORD IN AREA
 Each owner of record of the Menninger Clock Tower and each parcel of land is listed

together with the corresponding address on file in the office of the Shawnee County Appraiser

(http://www.snco.us/ap/.
 PART 4

 EXISTING ZONING BOUNDARIES
 &
 EXISTING/PROPOSED LAND USES

 Descriptions of zoning districts, current boundaries, existing land uses, and future land use
maps within the Neighborhood Revitalization Area are all found on file in the Topeka Planning
Department or at www.topeka.org/planning




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 PART 5
 MAJOR IMPROVEMENTS
 PROPOSED FOR NEIGHBORHOOD REVITALIZATION AREA


A list of the proposed major improvements within the Neighborhood Revitalization Area are
identified within the adopted neighborhood and area plans of the City’s Comprehensive Plan.
Copies of those plans are on file with the Topeka Planning Department and on-line at
www.topeka.org/planning


 ▪ Topeka Land Use and Growth Mangagment Plan (2015)
 ▪ Central Highland Park Neighborhood Plan (2010)
 ▪ Ward-Meade Neighborhood Plan (2001/2010)
 ▪ Chesney Park Neighborhood Plan (1998/2009)
 ▪ Central Park Neighborhood Plan (1998/2008/2019)
 ▪ Hi-Crest Neighborhood Plan (2015)
 ▪ North Topeka West (2016)
 ▪ Historic North Topeka East (2013)
 ▪ Holliday Park Neighborhood Plan (1998/2008/2023)
 ▪ Oakland Neighborhood Plan (2004/2014)
 ▪ Hi-Crest Neighborhood Plan (2003)
 ▪ Old Town Neighborhood Plan (2003)
 ▪ East Topeka Neighborhood Revitalization Plan (2002)
 ▪ Downtown Topeka Redevelopment Plan (2001)
 ▪ Elmhurst Neighborhood Plan (2001)
 ▪ Tennessee Town (2001/2017)
 ▪ Washburn-Lane Parkway Plan (2001)
 ▪ Quinton Heights Neighborhood Plan (2018)
 ▪ East Topeka North Neighborhood Plan (2020)
 ▪ Downtown Master Plan (2021)
 ▪ Valley Park Neighborhood Plan (2021)

Proposed housing, infrastructure, and public facility improvements within these plans are intended to guide the
City’s future resource allocation as targeted within the Neighborhood Revitalization Area. Actual approved resource
allocations are are found with the City’s Capital Improvement Budget and Consolidated Plan.




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 PART 6

 STATEMENT SPECIFYING THE ELIGIBILITY REQUIREMENTS

 FOR A TAX REBATE


Residential New Construction/Rehabilitation
 All properties with residential improvements legally permitted by applicable zoning
regulations and building codes within, or that fronts a public street boundary of the designated
Neighborhood Revitalization Area are eligible for the specified tax rebate provided the new
appraised valuation is increased by a minimum of 10%.

Commercial New Construction/Rehabilitation
 All properties with commercial, office and institutional, and industrial improvements

legally permitted by applicable zoning regulations and building codes within, or that fronts a

public street boundary of the designated Neighborhood Revitalization Area are eligible for the

specified tax rebate provided the new appraised valuation is increased by a minimum of 20%.




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 PART 7

 CRITERIA FOR DETERMINATION OF ELIGIBILITY


(a) Construction of an improvement must have begun on or after January 1, 2025. Such
 improvement project shall remain eligible in the event the neighborhood revitalization
 plan is extended beyond 2027 by a subsequent ordinance. An improvement project
 constructed pursuant to a building permit and an application for tax rebate filed before
 January 1, 2025, may be eligible for a rebate under the Neighborhood Revitalization
 Program created by City Ordinance No. xxxxx.

(b) A rebate application must be filed prior to or within sixty (60) days of the issuance of a
 building permit or initiation of work (if no building permit is required) as determined by
 the Planning Director. An application determined to be “out-of-time” shall be accepted by
 the Planning Director if the applicant can demonstrate that prior to commencing the
 improvements, he or she intended to use the program’s benefits for the specific
 improvement proposed in the application. Some factors that may be used to determine the
 intent and prior knowledge of the program include previous written or verbal
 communication with city staff, contractors, or other interested parties in the project. The
 fact that the applicant was not made aware of the program by city staff shall not be used
 as a factor in this determination. An application shall not be accepted “out-of-time” if the
 building permit was issued to correct a past zoning or building code violation. The
 applicant must submit all evidence in writing that supports the above criteria to the
 Planning Department within one (1) year of the issuance of the building permit. The
 applicant may appeal the Planning Director’s decision to the City Manager who has final
 authority over the matter.

(c) The improvements must conform with the Comprehensive Plan, design guidelines within
 applicable elements of the Comprehensive Plan and Title 18 Comprehensive Zoning
 Regulations,including adopted Neighborhood Conservation Districts in effect at the time
 the improvements are made.

(d) New and existing improvements on the property must conform with all other applicable
 codes, rules, and regulations in effect at the time the improvements are made, and for the
 length of the rebate or the rebate may be terminated.

(e) Any property that is delinquent in any real property tax payment or special assessment
 shall not be eligible for any rebate or future rebate until such time as all real property
 taxes and special assessments have been paid. Additionally, taxes on all real property
 owned by the applicant must be current.

(f) Commercial or industrial property eligible for tax incentives under any adopted
 Neighborhood Revitalization Plan and Topeka's existing tax abatement program pursuant
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 to Article 11, Section 13 of the Kansas Constitution and TMC Chapter 3.55, may receive
 one exemption/rebate per project from the City as a tax incentive.

(g) Any property that fronts a public street boundary of the Neighborhood Revitalization
 Area shall be eligible for the rebate, except those properties that front a public highway.




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 PART 8

 CONTENTS OF APPLICATION FOR TAX REBATE


Part 1 - General Information (Completed by applicant)

 (a) Owner's Name and applicant’s name
 (b) Owner's Mailing Address.
 (c) School District No.
 (d) Parcel I.D. No.
 (e) Building Permit No. and copy of permit
 (f) Address of Property.
 (g) Legal Description of Property
 (h) Day Phone Number.
 (i) Proposed Property Use.
 (j) Improvements (Attach itemized list of improvements)
 (k) Estimated Cost of Improvements
 (l) Proof of Historical Register Listing or nomination.
 (m) List of Buildings and Improvements proposed to be or actually demolished.
 (n) Date of commencement of construction.
 (o) Estimated date of completion of construction.


Part 2 - Status of Construction/Completion


 (a) County Appraiser's Statement of Percentage Test.
 (b) County Clerk's Statement of Tax Status.
 (c) Planning’s Statement of Application Conformance for Tax Rebate.




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 PART 9
 APPLICATION PROCEDURE

(a) The owner/applicant shall obtain an Application for Tax Rebate from Topeka Planning
 Department, or concurrent with obtaining a building permit application.

(b) The applicant shall complete and sign the application and file the original with Planning,
 prior to or within sixty (60) days of issuance of the building permit or as permitted under
 Part 7(b).

(c) Planning shall forward the application to the Shawnee County Appraiser's Office for
 determination of the appraised valuation of the improvements and when necessary for
 designated historic properties, shall indicate the base tax year in order to determine the
 property’s pre-demolition value for historic resources or landmarks that were demolished
 to make way for the improvements.

(d) On or about January 1, the County Appraiser shall conduct an on-site inspection of the
 construction project, determine the new valuation of the real-estate, complete his portion
 of the application, and report the new valuation to the Shawnee County Clerk by June 1
 of that same year. The tax records on the project shall be revised by the County Clerk's
 Office.

(e) Upon determination by the Appraiser's office that the improvements meet the percentage
 test for rebate and the Clerk's office has determined the status of the taxes on the property,
 Planning shall certify to the County Clerk the project and application does or does not
 meet the requirements for a tax rebate and shall notify the applicant.

(f) Upon the payment of the real estate tax for the subject property for the initial and each
 succeeding tax year period extending through the specified rebate period, and within a
 thirty (30) day period following the date of tax distribution by Shawnee County to the
 other taxing units, a tax rebate in the amount of the tax increment (less any fees as
 specified in the Interlocal Agreement) shall be made to the applicant.

 The tax rebate amount will be based on the appraised property value increment between
 the application year and the completion year directly attributal to the improvement itself.
 The actual rebate may vary year to year depending upon the approved mill levy for all
 participating taxing jurisdictions. The tax rebate shall be made by Audit and Finance,
 Shawnee County through the Neighborhood Revitalization Fund established in
 conjunction with the City of Topeka and the other taxing units participating in an
 Interlocal Agreement.



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 PART 10
 STANDARDS AND CRITERIA FOR APPROVAL



(a) Project improvements shall be 100% complete within two years of building permit
 issuance or 100% complete within two years of beginning construction on the listed
 improvements (if permits are not required.).

(b) The appraised value of residential property must be increased by a minimum of 10%.

(c) The appraised value of commercial and industrial property must be increased by a
 minimum of 20%.

(d) New improvements must conform with all applicable codes, rules, and regulations in
 effect at the time the improvements are made, including zoning regulations and design
 guidelines adopted by the Governing Body, for the length of the rebate.

(e) Any property that is delinquent in any real property tax payment or special assessment
 shall not be eligible for any rebate or future rebate until such time as all real property
 taxes and special assessments have been paid. Additionally, taxes on all real property
 owned by the applicant must be current.




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 PART 11

 STATEMENT SPECIFYING REBATE FORMULA

Program Period:

 The Neighborhood Revitalization Fund and tax rebate incentive program shall expire on
 December 31, 2024.

Rebate Period:

 All Eligible Uses – Administrative Approval 10 years
 All Eligible Uses – Governing Body Approval 11-20 years

Rebate Amount*:

 Standard Rebate:
 - All Eligible Uses Not Specified In Areas Below 95% (years 1-5)
 50% (years 6-10)

 Standard Plus 10 Rebate:
 - “Intensive Care” areas (2020 Neighborhood Health Map) 95%
 - National/State Register/Properties and Districts and 95%
 Local Historic Properties/Districts
 - “New” Infill Housing (Single and Multi-Family); including:
 new Single-family houses only in Cowdin Subd. #3 and Southern Hills
 Subd. A, B, and C, 95%

 Standard Plus 20 Rebate:
 - TIF District
 - Minimum $10,000,000 investment
 - Primary use is residential
 - “But-For” Test/Study
 - Governing Body Approval 95%

*5 % to remain in Neighborhood Revitalization Fund for administrative costs.




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 Part 12

 OTHER MATTERS


1. The governing body may declare a building outside of a neighborhood revitalization area

 to be a “dilapidated structure” if it satisfies the conditions set forth in subsection (a) of

 KSA 12-17, 115. A “dilapidated structure” is defined as a residence or other building

 which is in deteriorating condition by reason of obsolescence, inadequate provision of

 ventilation, light, air or structural integrity or is otherwise in a condition detrimental to
 the health, safety or welfare of its inhabitants or a residence or other building which is in

 deteriorating condition and because of age, architecture, history or significance is worth

 of preservation. Pursuant to K.S.A. 12-17,117(b), the governing body may determine a

 structure outside the boundary is a ‘dilapidated structure’ and, as such, is eligible for

 consideration of a property tax rebate for the following reasons:

 • The building is a dilapidated structrure due to its long vacancy and current

 boarded condition,

 • The building is historic and is listed on the National Register of Historic Places

 and is worthy of preservation.

 Prior to acceptance of a tax rebate application for projects involving a ‘dilapidated

 structure’, the applicant must submit a “but-for” test/study to be approved by the City

 Manager that demonstrates the need for a rebate.

 • The Menninger Clock Tower was approved as a delapidated structure with the

 approval of the 2022-2024 NRP plan and remains in effect.

2. The governing body may designate certain projects to have up to a 20-year rebate period,

 provided all of the following criteria are satisfied:

 • The project is located within an existing Tax Increment Financing
 District (TIF) within the NRP Area
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 24
 • The primary use is residential

 • The project has a minimum investment of $10,000,000

 • The project submits a but-for analysis that demonstrates the need

 for the longer rebate period.

Should the governing body determine that the project meets the criteria, the property will

be removed from the TIF district in accordance with Ordinance No. 20228. Prior to

acceptance of a tax rebate application, projects must submit a “but-for” test/study to be

approved by the City Manager that demonstrates the need for a rebate.




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 25
 SHAWNEE COUNTY TAX LEVY SCHEDULE 2023

 Tax Levies per $1,000 Assessed Valuation


 2023 % of Total Levy
 Levy
Shawnee County 48.653 34.41%
City of Topeka 36.952 26.13%
USD 501 (Topeka) 37.791 26.73%
Washburn University 3.45 2.44%
Topeka-Shawnee County Public Library 8.192 5.79%
TMTA (Transit) 4.2 2.97%
MTAA (Airport) 2.157 1.53%
Total 141.395 100%


Shawnee County 48.653 33.09%
City of Topeka 36.952 25.13%
USD 345 (Seaman) 43.422 29.53%
Washburn University 3.45 2.35%
Topeka-Shawnee County Public Library 8.192 5.57%
TMTA (Transit) 4.2 2.86%
MTAA (Airport) 2.157 1.47%
Total 147.026 100%


Shawnee County 48.653 33.07%
City of Topeka 36.952 25.12%
USD 450 (Shawnee Heights) 43.501 29.57%
Washburn University 3.45 2.35%
Topeka-Shawnee County Public Library 8.192 5.57%
TMTA (Transit) 4.2 2.86%
MTAA (Airport) 2.157 1.47%
Total 147.105 100%


Shawnee County 48.653 32.29%
City of Topeka 36.952 24.52%
USD 437 (Auburn Washburn Rural) 47.092 31.25%
Washburn University 3.45 2.29%


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 Topeka-Shawnee County Public Library 8.192 5.44%
 TMTA (Transit) 4.2 2.79%
 MTAA (Airport) 2.157 1.43%
 Total 150.696 100%




Source: Shawnee County Clerk’s Office, 2024




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 27
 City of Topeka
 Council Action Form
 Council Chambers
 214 SE 8th Street
 Topeka, Kansas 66603
 www.topeka.org
 June 18, 2024


DATE: June 18, 2024
CONTACT PERSON: DOCUMENT #:
SECOND PARTY/SUBJECT: Public Comment PROJECT #:
 Protocol
CATEGORY/SUBCATEGORY
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
 PAGE #:

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

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

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

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

The following behavior will not be tolerated from any speaker:

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

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

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

 Make sure your Zoom name, email and/or phone number matches what was submitted to the City Clerk
 when you signed up for public comment. Any misnamed or unauthorized users will not be admitted to
 Zoom.
 Please keep your mic muted and your camera off until you are called by the Mayor to give your comment.
 If you are cut off during your comment time due to an internet connection or technical issue, you will need
 to submit your comments in writing to the City Clerk atcclerk@topeka.orgor 215 SE 7thStreet, Room 166,
 Topeka, KS 66603 for attachment to the minutes.
 If you break any of the public comment rules, you will receive one warning from the Mayor. If you continue
 any prohibited behavior, you will be removed from the Zoom meeting room and will not be allowed to rejoin.
 Public comment is limited to four minutes. You may receive an extension at the discretion of the Governing
 Body. The timer will be visible to you in the ‘City of Topeka Admin’ window on the Zoom app. Call-in users
 will hear one beep when a minute is remaining and then another beep when time has expired.
 Please do not share the Zoom login information with anyone. Any unauthorized users will not be admitted to
 the Zoom meeting room.
BUDGETARY IMPACT:
SOURCE OF FUNDING:

Governing Body Minutes – June 18, 2024

 CITY COUNCIL CHAMBERS, Topeka, Kansas, Tuesday, June 18, 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. Deputy Mayor Valdivia-Alcala presided -1. Mayor Padilla absent -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 June 18, 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 166, Topeka, Kansas, 66603 or via email at

 cclerk@topeka.org on or before June 18, 2024, for attachment to the meeting minutes.

 AFTER THE MEETING was called to order, Deputy Mayor Valdivia-Alcala, provided the

invocation.

 THE PLEDGE OF ALLEGIANCE was recited by meeting participants.

 BOARD APPOINTMENT recommending the reappointment of Nicholas Xidis to the

Downtown Business Improvement District Advisory Board to fill a term ending June 30, 2026,

was presented. (Council District No. 1)

 BOARD APPOINTMENT recommending the reappointment of Stephen Smith to the

Downtown Business Improvement District Advisory Board to fill a term ending June 30, 2026,

was presented. (Council District No. 1)

 BOARD APPOINTMENT recommending the appointment of Kim Schultz to the

Downtown Business Improvement District Advisory Board to fill a term ending June 18, 2026,

 06-18-24
 123
was presented.

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

Councilmember Banks carried unanimously. (9-0-0)

 A PRESENTATION on the Kansas Turnpike Authority (KTA) Cashless Tolling system,

effective July 1, 2024, was provided by Steve Hewitt, KTA Chief Executive Officer.

 Governing Body members thanked KTA for locating their customer service headquarters in

Topeka and providing excellent customer service.

 CONSENT AGENDA was presented as follows:

 RESOLUTION NO. 9548 introduced by Interim City Manager Richard U. Nienstedt

cancelling the Governing Body meeting for July 16, 2024 and calling a special meeting for July

30, 2024, was presented.

 MINUTES of the regular meeting of June 11, 2024, was presented.

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

Councilmember Kell carried unanimously. (9-0-0)

 ORDINANCE NO. 20495 introduced by Interim City Manager Richard U. Nienstedt

annexing land to the City of Topeka, Kansas, in accordance with K.S.A. 12-520(7), located at 3620

SE 6th Avenue and 3600 SE 6th Avenue within unincorporated Shawnee County, Kansas and

adjacent to the City of Topeka corporate limits, and said land being annexed for all City purposes,

was presented. (A24/1) (Council District No. 3)

 Dan Warner, Planning Division Director, reported Reser's Fine Foods Inc., has requested

annexation of property located near SE 6th Avenue and SE Croco Road to construct a surface

parking lot for semi-trucks and trailers. He stated the Topeka Planning commission recommended

approval.

 06-18-24
 124
 Councilmember Ortiz spoke in support of the request and stated the additional parking lot

space should provide relief for neighborhood residents in regards to semi-truck traffic concerns.

 Deputy Mayor Valdivia-Alcala 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 was seconded by

Councilmember Dobler carried unanimously.

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

Ortiz, Banks, Kell, Miller, Dobler, Duncan, and Hoferer -9.

 ORDINANCE NO. 20496 introduced by Interim City Manager Richard U. Nienstedt

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 84.7 acres of land located at the northwest corner of

SE 6th Avenue and SE Croco Road from Planned Unit Development (PUD) with “I-1” Light

Industrial District uses and “RR-1” Rural Residential District all to "PUD" with "I-1" Light

Industrial District uses to allow expansion of the Reser’s food processing operation to include

construction and operation of a storage lot for 405 semi-truck trailers, was presented. (PUD

16/05B) (Council District No. 3)

 06-18-24
 125
 Dan Warner, Planning Division Director, reported the request to amend the existing PUD

master plan was for the purpose of building and operating a storage lot for approximately 400

semi-truck trailers (200 trucks for each phase of construction) on 42 acres adjacent to and

immediately west of the existing Reser’s Plant. He stated the master plan includes fencing,

landscaping with large berms, and noise restrictions to help protect neighbors from the effects of

truck and trailer storage, and the Topeka Planning Commission recommended approval.

 Councilmember Ortiz asked Staff to make sure a sidewalk has been constructed along the

entire property.

 Deputy Mayor Valdivia-Alcala 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 was seconded by

Councilmember Banks carried. Councilmember Hoferer voted “no.”

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

Ortiz, Banks, Kell, Miller, Dobler and Duncan -8. Noes: Councilmember Hoferer -1.

 ORDINANCE NO. 20497 introduced by Interim City Manager Richard U. Nienstedt

annexing land to the City of Topeka, Kansas, in accordance with K.S.A. 12-520(7), located at 6545

 06-18-24
 126
SW 10th Avenue and 6549 SW 10th Avenue within unincorporated Shawnee county, Kansas and

adjacent to the City of Topeka corporate limits, and said land being annexed for all City purposes,

was presented. (A24/3) (Council District No. 9)

 Dan Warner, Planning Division Director, reported the annexation of property was located

at 6545 SW 10th Avenue and 6549 SW 10th Avenue to construct a multi-level driving range with

accessory bar and event spaces at the location of an existing driving range. He stated the Topeka

Planning commission reviewed the annexation proposal at their meeting on May 20, 2024, and

found the annexation to be consistent with the City's Land Use and Growth Management Plan and

recommended approval.

 Deputy Mayor Valdivia-Alcala 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 Kell moved to adopt the ordinance. The motion was seconded by

Councilmember Hiller carried unanimously.

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

Ortiz, Banks, Kell, Miller, Dobler, Duncan, and Hoferer -9.



 06-18-24
 127
 APPROVAL of Public Works Engineering CONTRACT NO. 52188 between the City of

Topeka and Bartlett and West, Inc., in an amount not to exceed $348,480 to perform professional

engineering services, was provided.

 Braxton Copley, Public Works Director, reported a total project budget of $348,480 would

provide for services to include public engagement, traffic study, geotechnical, concept plans and

high level cost estimates. He stated the design, inspection, and construction services are not

included in the contract or scope of work for improvements on SW Huntoon Street from SW Gage

Boulevard to SW Harrison Street.

 Councilmember Duncan thanked Director Copley and Bartlett and West Engineers for

providing an alternative option to the original proposal.

 Councilmember Dobler moved to approve the contract. The motion seconded by

Councilmember Duncan carried unanimously. (9-0-0)

 RESOLUTION NO. 9549 introduced by the Policy and Finance Committee comprised of

Councilmembers Marcus Miller, Spencer Duncan and Michelle Hoferer, authorizing the use of

$125,662 from the Unassigned Reserve Fund for site improvements at Hotel Topeka, was

presented.

 Braxton Copley, Public Works Director and Hotel Topeka Project Manager, reported

approval would allow the transfer of $125,662 to the Topeka Development Corporation (TDC) for

construction of a handicap accessible walkway from Topeka Boulevard to Hotel Topeka, repairs to

the existing sidewalk on the exterior of the building, and repairs to the existing loading dock on the

north side of the hotel.

 Councilmember Duncan stated the Policy and Finance Committee recommending approval

on June 11, 2024, and expressed the importance of addressing the accessibility issue.

 06-18-24
 128
 Councilmember Dobler moved to approve the resolution. The motion seconded by

Councilmember Miller carried. Deputy Mayor Valdivia-Alcala and Councilmembers Ortiz and

Banks voted “no.” (6-3-0)

 RESOLUTION NO. 9550 introduced by the Policy and Finance Committee comprised of

Councilmembers Marcus Miller, Spencer Duncan and Michelle Hoferer, authorizing the use of

$59,589.19 from the Unassigned Reserve Fund for the replacement of faulty smoke and fire

damper actuators at Hotel Topeka, was presented.

 Braxton Copley, Public Works Director and Hotel Topeka Project Manager, reported

approval would allow the transfer of $59,589.19 to the Topeka Development Corporation (TDC) to

replace faulty smoke and fire damper actuators at the Hotel Topeka.

 Councilmember Duncan stated the Policy and Finance Committee recommending approval

on June 11, 2024, and expressed the importance of addressing this important life safety issue.

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

Councilmember Dobler carried. Deputy Mayor Valdivia-Alcala and Councilmembers Ortiz and

Banks voted “no.” (6-3-0)

 Richard U. Nienstedt, Interim City Manager, thanked the Governing Body for working to

save the important community asset. He encouraged the Governing Body to push the Shawnee

County Commissioners to provide assistance with making the improvements and moving forward

with a buyer.

 RESOLUTION NO. 9551 introduced by the Public Infrastructure Committee comprised of

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

No. 900034.00 for the 2027 Fire Department Fleet Replacement Program, was presented. (Public

Infrastructure Committee recommended approval on June 12, 2024)

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 Randy Phillips, Topeka Fire Chief, reported the 2027 Fire Department Fleet Replacement

Program finances the replacement of Fire apparatus vehicles, including engines, trucks, aerials and

specialty vehicles. He stated ensuring the availability of reliable apparatus at all times remains

crucial and due to delays in manufacturing, to ensure delivery of the apparatus in 2027, they need

to complete the ordering process. He noted the $2,129,198 would cover the apparatus and loose

equipment on the apparatus.

 Councilmember Hiller spoke in opposition of purchasing the fire trucks with bonds and

stated she would prefer the purchase be made with cash or Unassigned Reserve Funds.

 Chief Phillips stated by utilizing the prepay option the City will save approximately

$260,000.

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

Councilmember Kell carried. Councilmember Hiller voted “no.” (8-1-0)

 DISCUSSION regarding the renewal and adoption of the Neighborhood Revitalization

Program for years 2025-2027, was presented.

 Dan Warner, Planning Division Director, reported the current Neighborhood Revitalization

Plan (NRP) was set to expire on December 31, 2024, and the current NRP boundary was based on

the 2020 Topeka Neighborhood Health Map. He stated this NRP renewal updates the boundary so

that it would be in sync with the current 2023 Neighborhood Health Map and the proposed NRP

would last through December 31, 2027. He noted while the plan and program have had variations

throughout the years, it has been continuously administered by the City since 1995 resulting in

$504 million of new investment (approximately $390 for commercial and $126 million for

residential). He reported with participating taxing entities rebating $63 million over that time, the

program has leveraged $8 of private investment for every public dollar rebated.

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 Councilmember Duncan asked Staff to reach out to the new owner of the Menninger Tower

so the City remains informed of the future plans for the Tower.

 Councilmember Dobler asked if the City was promoting this and other incentive programs

in neighborhoods. He noted if they do not continue to revitalize neighborhoods and infrastructure,

the tax base will continue to decrease. He asked Staff to consider how they can incentivize and

seek out developers that want to help with development in Topeka.

 Councilmember Hoferer spoke in support of extending the program.

 Director Warner reported Staff works to connect people with an incentive that fits their

needs.

 Richard U. Nienstedt, Interim City Manager, spoke to the importance of the program and

the opportunity it provides neighborhoods.

 Councilmember Hiller stated the City’s Changing our Culture of Property Maintenance

initiative was actively working to schedule a round table discussion with local developers.

 PUBLIC COMMENT was provided by the following individuals:

 Amanda Turner, Downtown Business Owner, stated the unsheltered population was having

a negative impact on her business. She asked the Governing Body for assistance in dealing with

the issue.

 Henry McClure stated he believes the City should have accepted the offer to purchase the

Hotel Topeka for approximately $7 million. He spoke to the importance of the Metropolitan

Topeka Planning Organization (MTPO) meeting and inquired on the status of the Lauren’s Bay

Development delinquent taxes in the amount of approximately $8 million.

 ANNOUNCEMENT BY THE CITY MANAGER, MAYOR AND MEMBERS OF THE

COUNCIL;

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 Richard U. Nienstedt, Interim City Manager, thanked the Governing Body for allowing him

to service as the Interim City Manager. He announced starting July 2, 2024, Governing Body

meetings will be held at the Cyrus K. Holliday Building, located at 620 SE Madison Street, First

Floor Conference Room, Topeka, until further notice.

 Deputy Mayor Valdivia-Alcala thanked Interim City Manager Nienstedt for his service to

the City.

 Councilmember Ortiz thanked Interim City Manager for his service to the City. She stated

she would be seeking assistance from Staff regarding an email she received from a constituent

concerning the removal of vegetation from her yard that has been present for five years. She

thanked those assisting with the Topeka Way To Work Program as well as Staff for finishing the

Topeka Boulevard Intersection improvements two days early.

 Councilmember Banks congratulated Topeka High School Alumni, NiJa Canady for being

named the USA Softball Collegiate Player of the Year.

 Councilmember Kell thanked Interim City Manager Nienstedt for his service to the City.

He encouraged citizens to get their kids involved in activities to help provide constructive

guidance through the summer months.

 Councilmember Miller thanked Interim City Manager Nienstedt for his service.

 Councilmember Dobler thanked the Topeka Fire Department for their assistance in a recent

residential fire in District No. 7. He also thanked Interim City Manager Nienstedt for his service

and professionalism.

 Councilmember Duncan referenced upcoming budget discussions and how complex the

overall tax system can be. He stated he believes as the capitol city of Kansas there are steps that



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could be taken to help relief some of the tax burden for city residents. He announced he will be

presenting ideas to consider addressing the complex tax issue in upcoming weeks.

 Councilmember Hoferer announced the Fire Citizens Academy was accepting applications.

She also announced June 22, 2024 was the 50th anniversary of the Topeka Zoo Rain Forest.

 Councilmember Hiller recognized the many Juneteenth celebrations taking place

throughout the city and commended the volunteers for their assistance. She welcomed citizens

input on the Gage Boulevard street improvement design and announced a public input session

would be held on June 20, 2024 at 5:30 p.m. at the Topeka Shawnee County Public Library.

 Following a 10-minute recess, Councilmember Kell moved to recess into executive session

not to exceed 15 minutes to discuss matters deemed privileged under the Attorney-Client Privilege

as allowed under KSA 75-4319(b)(2). The open meeting will resume in the city council chambers.

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 Hiller.

 Deputy Mayor Valdivia-Alcala asked all those in favor of recessing into executive session

to indicate so by verbally by saying “yea” and those opposing to indicate so verbally by saying

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

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

Deputy Mayor Valdivia-Alcala announced no action was taken during the executive session.

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

discuss employer/employee negotiations relating to one or more unions as justified by KSA 75-

4319(b)(3). The meeting will resume in the City Council Chambers. The following staff to assist

the Governing Body in its deliberations: Interim City Manager Nienstedt and any other staff he

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deems necessary. The motion was seconded by Councilmember Miller.

 Deputy Mayor Valdivia-Alcala asked all those in favor of recessing into executive session

to indicate so by verbally by saying “yea” and those opposing to indicate so verbally by saying

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

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

Deputy Mayor Valdivia-Alcala announced no action was taken during the executive session.

 Councilmember Kell moved to recess into executive session not to exceed 30 minutes to

continue discussion on employer/employee negotiations relating to one or more unions as justified

by KSA 75-4319(b)(3). The meeting will resume in the City Council Chambers. The following

staff to assist the Governing Body in its deliberations: Interim City Manager Nienstedt and any

other staff he deems necessary. The motion was seconded by Councilmember Miller.

 Deputy Mayor Valdivia-Alcala asked all those in favor of recessing into executive session

to indicate so by verbally by saying “yea” and those opposing to indicate so verbally by saying

“no.” The motion carried unanimously on voice vote. (9-0-0)

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

Deputy Mayor Valdivia-Alcala announced no action was taken during the executive session.

 NO FURTHER BUSINESS appearing the meeting adjourned at 9:35 p.m.



 (SEAL)
 Brenda Younger City Clerk




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