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Council approves up to $40,000 in city fee waivers to help proposed Topeka project score points for 9% LIHTC application
Summary
The governing body voted 7–3 to waive up to $40,000 in specified building and utility fees for a proposed AMD Partners project so the developer could secure five additional points on a May 23 Kansas Housing Resources Corporation (KHRC) 9% low‑income housing tax credit application.
The governing body voted to approve a limited fee waiver on May 13 to help a developer’s application for 9% low‑income housing tax credits through the Kansas Housing Resources Corporation (KHRC).
Why it matters: KHRC’s Qualified Allocation Plan awards points for local governments that commit to waive certain fees; city staff identified roughly $60,080 in fees for the project but recommended waiving up to $40,000 to secure five extra points on a competitive 9% LIHTC application.
Planning Division Director Rhiannon Freeman told council that AMD Partners LLC requested the waiver as part of a 9% LIHTC application due May 23. Staff calculated building permit, commercial plan review and water/sanitary sewer collector fees for a roughly $10,000,000 construction project at about $60,080. Freeman said the council could (1) waive the full identified fees, (2) waive up to $40,000 (the staff recommendation) which would yield five additional points in KHRC scoring, or (3) deny the waiver.
Council debated accountability and KHRC oversight before the vote. Councilwoman Beladyakta (who announced she would vote no) raised concerns about KHRC’s oversight of existing subsidized multifamily properties and tenant conditions, referencing problems at local properties and demanding stronger state accountability. Supporters of the waiver said the waiver is a fixed, capped local commitment tied specifically to a competitive LIHTC scoring criterion and that granting the points could help produce affordable senior housing in a commercially accessible location.
Motion and outcome: Councilman Miller moved to approve the staff recommendation to waive up to $40,000 of identified city fees for the specific project; the motion passed 7–3. The clerk recorded seven yes votes with council members Valdivia Acala, Banks and Councilwoman Beladyakta voting no.
Next steps: Staff said the developer’s final LHITC submission is due May 23; if KHRC does not award credits the city’s waiver would not be applied and no fees would be foregone.
