Topeka council pauses midyear utility-lien action; refers readiness-to-serve issue to infrastructure committee

On June 29, the Topeka governing body discussed a midyear utility-lien list tied to "readiness to serve" water, wastewater and stormwater charges and directed staff to move the matter to the Infrastructure Committee for further study rather than adopt liens at this meeting.

The item, introduced as a city utilities discussion, covered a list of accounts that had been delinquent at least 90 days and that the utilities department had been working to collect. Sylvia Davis, director of utilities, told the council that on May 8 the department mailed letters to 792 utility accounts for a total of $446,933 and that those numbers had declined as customers called and made payments. "As of this morning, this number has decreased to 666 accounts, $393,627 and change," Davis said. She said the lien-assessment process historically yields higher recovery than third-party collections: "the lien assessment process is by far the most effective, with a 98% average collection rate as opposed to working through a collections agency where we see a 38% success rate there."

Residents and property owners raised concerns about how the charge was being applied, how notices were delivered, and whether owners or tenants should bear the liens. Danielle Twimbo, a resident who spoke during the item, said the rollout had been "incredibly, frustrating" for property owners and that she was concerned about properties and nonprofits learning belatedly they owed thousands of dollars. Patrick Dillard, a member of the public who said he had followed state statute when it was adopted, read language to the council and told members, "A lien shall not attach to a property for unpaid utility fees or charges when the utility services have been contracted for by a tenant and not by the landlord," citing the state statute he had on hand.

Council members and staff outlined operational steps already taken: staff said they had removed about 470 meters from the city's system where appropriate, had begun working individually with callers after the May mailing, and planned to continue outreach up to the county transmittal deadline. Davis said the final lien list would be sent to the county on July 15 but that the department would continue to update the numbers before that submittal.

Several council members expressed concern about the speed and equity of enforcement and asked for more options. Councilwoman Baldivia Acala and Councilman Duncan both said the program's rollout and its impacts on low-income residents and nonprofits warranted additional review. Councilman Dobler formally asked that the city manager hold off on moving forward and requested committee review; by the end of the discussion the mayor directed staff to route the issue to the Infrastructure Committee for a fuller review and to bring a utilities fund forecast to the governing body during the budget process.

No liens were adopted at the June 29 meeting. City staff will continue case-by-case outreach, update the council with revised totals before July 15, and present the topic to the Infrastructure Committee for further policy discussion. The utilities department noted it still plans the usual year-end lien list for other unpaid usage balances that are processed annually.

Ending: Council members and staff emphasized continued outreach to affected owners and the need for more committee-level discussion on policy settings and exemptions. The governing body did not vote to add liens at the meeting; instead it asked staff to provide additional information and to bring the item to committee for more detailed consideration.