Topeka Governing Body Committee Meeting - May 6, 2026

This meeting was held on May 6, 2026 (the transcript refers to May 5, 2026, but the provided timestamp indicates May 6). The governing body addressed a variety of items including a proclamation, a recognition, presentations, a consent agenda, four action items (rezoning, two utility fee waivers, a transient guest tax increase, and utility liens), a capital improvement budget discussion, and public comments. Key votes included approval of the consent agenda, a rezoning request (8-2), two affordable housing fee waivers (9-0, mayor abstaining), a transient guest tax increase (9-1, with one abstention), and a utility lien ordinance (6-4).

Consent Calendar

• Proclamation designating May 9, 2026, as Letter Carriers Food Drive Day.
• Recognition of Rhett Flood, outgoing executive director of Forge Young Talent.
• Resolutions for special events (Our Lady of Guadalupe Fiesta kickoff and main event) and noise exceptions.
• Equipment purchases under fleet replacement program (project numbers 861038 and 861040).
• Street improvements to North Street from Western to West (project 84109707).
• Replacement of 11 water meter vaults (project 28129601).
• Approval of minutes from April 21, 2026, regular meeting.
• Approval of 25 cereal malt beverage off-premise applications.

Public Comments & Testimony

• Pat Delapp spoke against the utility fee waivers (items 5B and 5C), arguing that the funding source (readiness-to-serve charges) is inappropriate and that the city is in a budget crisis.
• Pat Delapp also opposed the utility lien ordinance (5E), claiming it is not justified by state law and penalizes low-income residents.
• Danielle Twemlow urged rejection of the lien ordinance, calling it regressive and harmful to non-profits and low-income residents; she suggested alternative models like income-based billing.
• Christopher Diley, a homeless individual, shared a personal experience of being charged at a motel and raised concerns about the transient guest tax, suggesting exemptions for low-cost motels.
• Dale Cushionberry expressed disappointment with the rezoning vote (5A), stating the council did not listen to neighborhood concerns.

Discussion Items

• NOTO Business Improvement District Annual Report: Pedro Concepcion presented the BID’s focus on maintenance, beautification, and safety, including a pilot program with AI cameras. Councilmember Valdivia Alcala asked about fee collection and praised the BID’s efforts.
• 2026 Bond Series Disclosure: Josh McInarney outlined plans to issue $8.25 million in bonds for previously approved CIP projects, with a 15-year term at an estimated 5% rate. Councilmember Hiller noted the bond amount aligns with policy limits.
• Rezoning (5A): Discussion centered on a proposal to rezone 1.14 acres at 2450 SE 25th Street from R1 to M1A (allowing up to four units). Councilmember Valdivia Alcala raised concerns about the developer (Kalupi Investments) and requested documentation of the applicant’s authority to sign. Councilmember Banks and Kel expressed concerns about density. Councilmember Hiller supported the rezoning as a transition to existing multifamily. After ex parte disclosures, the motion to approve the planning commission’s recommendation passed 8-2, with Valdivia Alcala and Kel voting no.
• Utility Fee Waivers (5B and 5C): Two ordinances waiving $40,000 each in utility connection fees for affordable housing developments (34 units at 2800 NW Rochester Road and 42 units at SW 37th & Gage Boulevard). Developers stated 100% of units would be affordable at 30-60% AMI with 30-year income restrictions. The city manager noted the rush due to a May 15th LITEC application deadline. Both passed 9-0 (mayor abstaining).
• Transient Guest Tax Increase (5D): Charter ordinance to raise the tax from 7% to 8.5% effective 2027, with the additional 1.5% to be allocated through future discussions. Deputy Mayor Hofer clarified it affects only hotel guests. Councilmember Valdivia Alcala sought assurance it was not tied to Hotel Topeka. Passed 9-1 (Councilmember Miller abstained).
• Utility Liens (5E): Ordinance to place liens on 618 properties with unpaid readiness-to-serve/base charges totaling $525,517. Utilities Director Sylvia Davis explained the process. Several councilmembers expressed discomfort but noted the charges were established by previous votes. Councilmember Kel supported it as a health and safety measure. Passed 6-4, with Valdivia Alcala, Ortiz, Banks, and Bradbury voting no.
• 2027-2029 Capital Improvement Budget (Utilities): Deputy Director of Budget Josh McInarney and Utilities Director Sylvia Davis presented over $46 million in proposed projects for water, stormwater, and wastewater infrastructure, including water main replacements, water tower rehab, flood mitigation, and sewer lining. Councilmember Kel thanked staff for their work.

Key Outcomes

• Consent Calendar: Approved unanimously (10-0).
• Rezoning (5A): Approved 8-2 (Valdivia Alcala and Kel opposed).
• Utility Fee Waiver – DW Development (5B): Approved 9-0 (Mayor Duncan abstained).
• Utility Fee Waiver – Peaks of Topeka (5C): Approved 9-0 (Mayor abstained).
• Transient Guest Tax Increase (5D): Approved 9-1 (Councilmember Miller abstained).
• Utility Liens (5E): Approved 6-4 (supporting: Kell, McGee, Hiller, Hofer, Miller, and Mayor Duncan; opposing: Valdivia Alcala, Ortiz, Banks, Bradbury).
• Executive Sessions: Two 15-minute closed sessions were held for real property acquisition and legal advice; no action was taken upon return.
• Announcements: Next meeting on May 12, 2026, will include a proclamation, presentations, and continued CIP discussions. The city manager announced a grant-funded tablet program for low-income residents.