Topeka City Council Meeting – July 15, 2026

The Topeka City Council met on July 15, 2026, for a lengthy session that included a presentation on government-assisted housing inspections, extensive public comment on a proposed data center moratorium, and votes on several ordinances, including a 12-month moratorium on data center applications, approval of the city's consolidated housing action plan, and a change to permit fee waiver rules. The meeting extended past 10:00 PM and included two executive sessions.

Consent Calendar

• Approved a noise exception for Greg Lombard Ray.
• Terminated the Capitol City Town Homes and College Hill redevelopment districts.
• Approved contracts for engineering services ($67,700 and $90,000).
• Approved a development agreement and mortgage from the Affordable Housing Trust Fund ($365,197.50).
• Approved minutes of the July 7, 2026 meeting.

The consent agenda passed unanimously (10-0).

Public Comments & Testimony

Data Center Moratorium (Item 5A): Twenty-four members of the public signed up to speak, with the vast majority urging the council to pass a moratorium. Key themes included:

• Water usage and infrastructure: Several speakers (e.g., Gary Morgan, Carol Marple, Amy Gillette) raised concerns about water consumption, aging water infrastructure, and the potential for data centers to strain local water resources, especially for rural water districts and ETJ residents.
• Health and environmental impacts: Speakers cited risks from PFAS “forever chemicals” in cooling systems, noise/infrasound, air pollution from diesel generators, and potential harm to children and livestock (e.g., Megan Ryan, Diane Denham, Scott Henson).
• Transparency and process: Many criticized the lack of public disclosure, NDAs, and perceived secrecy (e.g., Richard Johnson, Dan Walker, Jolene Grable).
• Economic arguments: Some spoke against the moratorium, arguing it would send investment to other communities (e.g., Mike Morse, Ty Dragoo, Connor Eubanks). Mike Morse described the project as a “golden goose” that would bring billions in assessed value and full tax revenue without incentives, estimating $21 million in new city revenue at full build-out.
• Calls for a community committee and impact studies: Multiple speakers requested time for independent studies and stakeholder involvement.

Consolidated Action Plan (Item 5B): No public testimony was offered.

Budget Discussion (Item 6B): One speaker, Siobhan Holmes, addressed the council regarding the Juneteenth parade, noting its success and safety concerns with children collecting candy, but did not comment on the budget itself.

Discussion Items

Government Assisted Housing Inspection Report: Carrie Higgins, Director of Housing and Homeless Services, presented an annual report on 2025 inspections for HUD, KHRC, THA, and city shelter-plus programs. Approximately 5,000 units were covered, with scores and compliance status detailed. Council members noted this report helps inform future landlord-tenant registry and inspection policies.

Data Center Moratorium (Item 5A): Councilmembers McGee, Valdivia-Aquila, and Bradbury introduced an ordinance imposing a 12-month moratorium on accepting and processing data center applications. During discussion, Councilmember Kell offered an amendment to also include large battery storage systems (BESS) and similarly functioning energy systems, which was accepted. The amendment passed unanimously (10-0). The council then debated the full ordinance, with supporters stressing the need for more study and public input. The final vote was unanimous (10-0) to pass the amended moratorium.

Consolidated Action Plan 2026-2030 (Item 5B): A public hearing was held. Carrie Higgins explained the five-year plan and annual budget, which allocates ~$2.4 million in HUD entitlement grants (CDBG, HOME, ESG) for housing rehabilitation and homeless services. The plan was developed with public input via surveys and meetings. Council approved it unanimously (10-0) despite a request from a CAC member for more time.

Permit Fee Waiver Ordinance (Item 5C): The council considered an amendment to Section 142.060 to allow developers to receive city permit fee waivers even if they pursue incentives from other taxing subdivisions (e.g., county or state). The change was prompted by a KHRC scoring requirement for affordable housing projects. Councilmembers Valdivia-Aquila and Kell opposed, citing concerns about transparency and the city’s budget deficit. The ordinance passed 7-2, with Valdivia-Aquila and Kell voting no.

Revenue Neutral Rate Notifications (Items 5D and 5P): The council approved resolutions notifying the county clerk of the city’s intent to exceed the revenue neutral rate. For the city, the proposed maximum mill levy is 37.126 (no increase); for TMTA, the request is to restore the rate to 4.2 mills (an increase of ~0.2 mills, generating ~$329,000). The city resolution passed 10-0; the TMTA resolution passed 9-1, with Councilmember Miller voting no.

2027 Operating Budget Presentation (Item 6B): City staff presented a balanced $133.5 million general fund budget that addresses a projected $11 million deficit through position freezes (29 police officers frozen, 10 firefighters, and other vacancies), use of one-time transfers (e.g., $3M from workers’ comp fund, $1.5M from fleet fund), and creation of a self-sustaining planning and development enterprise fund. A $6.5 million deficit is projected for FY2028. Council members discussed the need to avoid further cuts to public safety and potential revenue options like a sales tax initiative.

Key Outcomes

• Data Center Moratorium (amended): Passed 10-0. A 12-month pause on data center applications, including large battery storage systems. The ordinance can be rescinded earlier by council vote.
• Consolidated Action Plan: Approved 10-0, securing ~$2.4 million in federal housing grants.
• Permit Fee Waiver Ordinance: Passed 7-2. Allows fee waivers for developers pursuing other non-city incentives, with potential JADO reimbursement for city economic development benefits.
• Revenue Neutral Rate Notifications: Both the city and TMTA resolutions passed (10-0 and 9-1 respectively).
• Appointment: Lindsay Huff was appointed to the Downtown Business Improvement District Advisory Board (term ending July 14, 2028) unanimously.
• Executive Sessions: Two closed sessions were held (personnel and legal matters); no action was taken upon reconvening.