City of Topeka
City Council Agenda

City Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org

August 18, 2015
6:00 PM

Mayor: Larry E. Wolgast

Councilmembers
Karen A. Hiller District No. 1 Brendan Jensen District No. 6
Sandra ClearDistrict No. 2Elaine SchwartzDistrict No. 7
Sylvia E. OrtizDistrict No. 3Jeff CoenDistrict No. 8
Jonathan SchummDistrict No. 4Richard HarmonDistrict No. 9
Michelle De La IslaDistrict No. 5  

City Manager: Jim Colson

Addressing the Council: No person shall address the Council during a Council Meeting, unless they have notified the City Clerk at (785)368-3940 by 5:00 P.M. on the day of any Council Meeting of their desire to speak on a specific matter on the published meeting agenda or during the public comment portion of the Council Meeting. This limitation shall not apply to items added during the course of a meeting. The Council does not take action with respect to any subject not on the agenda unless added to the agenda by a two-thirds vote of the Council.           
Persons addressing the City Council will be limited to four (4) consecutive minutes of public address on a particular agenda item. Debate, question/answer dialogue or discussion between Councilmembers will not be counted towards the four (4) minute time limitation. The Chair may extend time with the unanimous consent of the Council or the Council by affirmative vote of five (5) members may extend the four (4) minute limitation.
Persons will be limited to addressing the City Council one (1) time on a particular matter unless otherwise allowed by an affirmative vote of five (5) members of the City Council.
To make arrangements for special accommodations please call 785-368-3940. A 48-hour advance notice is preferred.
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(Agendas are available on Thursday afternoon in the City Clerk's office, 215 SE 7th - Room 166 and on the City's web site at http://www.topeka.org)

CALL TO ORDER:
INVOCATION:
PLEDGE OF ALLEGIANCE:
1.MAYORAL PROCLAMATIONS:
"ADA 25th Anniversary"
2.PRESENTATIONS:
City of Topeka 2nd Quarter Financial Report
3.ROLL CALL:
4.CONSENT AGENDA:
A.Approval of Workers' Compensation Claim - Robert Simmons

 

APPROVAL of a Workers' Compensation Settlement for Police Sergeant Robert Simmons in the amount of $13,226.85 for the permanent partial impairment of his right shoulder for injuries suffered on January 31, 2013.

B.Approval Workers' Compensation Claim - Larry McBurney

 

APPROVAL of a Workers' Compensation Settlement for heavy equipment operator Larry McBurney in the amount of $17,500 for the permanent partial impairment of his right lower extremity for injuries suffered on April 12, 2010.

C.Board Appointment - Topeka Human Relations Commission

 

BOARD APPOINTMENT recommending the re-appointment of Stephanie Mott to the Topeka Human Relations Commission to fill an unexpired term ending August 31, 2017.  (Council District No.1)

D.Denial of Claim - Bettis Asphalt

 

DENIAL of claim filed by Bettis Asphalt seeking $88,176 in damages for increased costs and other damages incurred in connection with work performed at the Kanza Education and Science Park.

E.Resolution - Visit Topeka, Inc. - Noise Exception

A RESOLUTION introduced by Deputy Mayor Karen Hiller, granting Visit Topeka, Inc. an exception to the provisions of City of Topeka Code Section 9.45.150 concerning noise prohibitions.
(Council District No. 1)

(City of Topeka Code Section 9.45.170, et seq., authorizes the City Council to grant noise exceptions.  Approval would allow for amplified music and sound during the hours of 5:00 p.m. and 9:30 p.m. on September 16, 2015, located outside at TPAC.)
F.Resolution - Kansas Mariachi Festival - Special Event

 

A RESOLUTION introduced by Deputy Mayor Karen Hiller, approving a special event known as the Kansas Mariachi Festival.  (Council District No. 1)

 

(Approval would allow the sale, possession and consumption of alcoholic liquor within the designated barricaded portion of SE Quincy Street between SE 7th and 8th Streets on September 16, 2015, from 5:30 p.m. to 10:00 p.m.)

G.Resolution - Complimentary Alcohol at First Friday Art Events

 

A RESOLUTION introduced by City Manager Jim Colson, authorizing the serving of complimentary alcoholic liquor or cereal malt beverage for the First Friday Art Walk events to be held at various businesses as sponsored by ArtsConnect, Inc., from September 2015 through September 2016.

 

 (Approval would allow premises that are not licensed to sell alcohol and cereal malt beverages to provide complimentary alcohol and cereal malt beverages at events sponsored by non-profit organization promoting the arts.)

H.MINUTES of the regular meeting of August 11, 2015
I.APPLICATIONS:
J.Resolution - Brass Rail Tavern - Noise Exception


A RESOLUTION introduced by Councilmember Sandra Clear, granting Brass Rail Tavern an exception to the provisions of City of Topeka Code Section 9.45.150, et seq., concerning noise prohibitions.
  (Council District No. 2)

 

This item was added at the meeting.

(City of Topeka Code Section 9.45.170, et seq., authorizes the City Council to grant noise exceptions. Approval would allow for amplified music on August 29, 2015, during the hours of 7:00 p.m. and 11:00 p.m., at 401 NE Emmett Street.)

5.ACTION ITEMS:
A.Ordinance - General Obligation Bonds, Series 2015-A

 

AN ORDINANCE introduced by City Manager Jim Colson, authorizing the issuance of $56,340,000 aggregate principal amount of General Obligation Bonds, Series 2015-A of the City of Topeka, Kansas, under the authority of K.S.A. 10-101 to 125, inclusive, K.S.A. 12-6a01 et seq., and Charter Ordinance No. 89 of the City, all as amended.

 

(Approval would allow the City to convert capital improvement projects from temporary note status to permanent financing through General Obligation Bonds and partially refinance Series 2009-B, 2010-A, and 2010-B for an estimated savings of $1,403,000, or 3.83%, which would be spread evenly over the remaining life of the bonds.) 

B.Resolution - General Obligation Bonds, Series 2015-A

 

RESOLUTION introduced by City Manager Jim Colson, prescribing the form and details of General Obligation Bonds, Series 2015-A of the City of Topeka, Kansas, in the aggregate principal amount of $56,340,000 the issuance of which were authorized by the City pursuant to its ordinance adopted and approved August 18, 2015; and authorizing certain other documents and action in connection with the issuance of the bonds.

 

(Approval would detail the procedures to issue the 2015-A General Obligation Bonds and partially refinances Series 2009-B, 2010-A, and 2010-B for an estimated savings of $1,403,000 or 3.83% spread evenly over the remaining life of the bonds.)

C.Resolution - Temporary Notes, Series 2015-A

 

RESOLUTION introduced by City Manager Jim Colson, authorizing and directing the issuance of Temporary Notes, Series 2015-A (General Improvements) of the City of Topeka, Kansas, in the aggregate principal amount of $51,170,000 for the purpose of providing funds to pay the cost of (i) renewing a portion of the Series 2014-A Temporary Notes of said City, dated September 25, 2015, and (ii) pay a portion of the cost of certain improvement of said City.

 

(Approval would fund special assessment projects, fire station improvements, bridge improvements, street improvement projects and utility projects.)

D.Labor Agreement Amendment - AFT Kansas Local 6406

 

APPROVAL of an amendment to City of Topeka Contract No. 43903 which is the current three-year labor agreement for AFT Kansas Local 6406 effective through December 31, 2017.

 

(Approval of the agreement would set wage increases for 2016 and 2017 as negotiated between Management and the Union.)

E.Labor Agreement - Teamsters Local No. 696

 

APPROVAL of a three-year labor agreement, effective January 1, 2016, through December 31, 2018, between the City of Topeka and Teamsters Local No. 696, representing street maintenance employees.

 

(Approval will provide the terms and conditions of the employee-employer relationship as tentatively agreed to between Management and the Union.)

F.Real Estate Purchase Agreement - South Kansas Avenue

APPROVAL of a Real Estate Purchase Agreement between the City of Topeka and ACRS Investments, L.L.C. for the sale of surplus property located at approximately 1229-1235 S. Kansas Avenue, Topeka, Kansas, in the amount of $5,600.  (Council District No. 1)

(Approval would authorize the sale of the property to the adjacent property owners.)
G.Ordinance - Prohibiting Electronic Cigarettes

 

AN ORDINANCE introduced by Councilmember Elaine Schwartz concerning the prohibition of electronic cigarettes, amending City of Topeka Code Sections 8.20.020, 8.20.070 and 8.20.080 and repealing original sections.    

 

(Approval would add electronic cigarettes to the prohibition of smoking in enclosed public places.)

H.Ordinance - Public Nudity

 

AN ORDINANCE introduced by Councilmember Jeffrey Coen, concerning public nudity, and creating new City of Topeka Code Section 9.45.110.  

 

(Approval would prohibit nudity on sidewalks, streets, alleys, public right of way, public parks and public trails.)    

6.ANNOUNCEMENTS:
PRELIMINARY AGENDA

(The City Clerk will provide a brief summary of items on the next scheduled Council meeting agenda.  Also during this time, the City Manager and Governing Body Members may offer comments regarding City business and announce upcoming events.)
7.PUBLIC COMMENT:
8.EXECUTIVE SESSION:
Executive Sessions are closed meetings held in accordance with the provisions of the Kansas Open Meetings Act.
 
(Executive sessions will be scheduled as needed and may include topics such as personnel matters, considerations of acquisition of property for public purposes, potential or pending litigation in which the city has an interest, employer-employee negotiations and any other matter provided for in K.S.A. 75-4319.)
9.ADJOURNMENT: