City of Topeka
City Council Agenda

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

April 18, 2017
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
Tony EmersonDistrict No. 4Richard HarmonDistrict No. 9
Michelle De La IslaDistrict No. 5  

Interim City Manager: Doug Gerber

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.
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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:
"None scheduled at this time."
2.PRESENTATIONS:
"National Geographic and Lindblad Expeditions - Topeka Zoo"
3.ROLL CALL:
4.CONSENT AGENDA:
A.Workers' Compensation Claim - Mitchell White

 

APPROVAL of a Workers' Compensation Settlement for Mitchell White, Water Meter Services, in the amount of $14,790.60 for injures suffered on February 4, 2015.

B.Resolution - Tap That Topeka - A Capitol Brew Festival- Special Event

 

A RESOLUTION introduced by Councilmember Karen Hiller, approving a special event known as Tap That Topeka: A Capitol Brew Festival to be held on June 24, 2017, and rescinding Resolution No. 8862. (Council District No. 1)

 

(Approval would allow the sale, consumption and possession of alcoholic beverages within the revised designated barricaded area for the Tap That Topeka-A Capitol Brew Festival on June 24, 2017 from 4:00 p.m. to 10:00 p.m.)

C.Resolution - LLS Benefit Show for Blake Cazier - Special Event

 

A RESOLUTION introduced by Councilmember Karen Hiller approving a special event known as the Leukemia and Lymphoma Society Benefit Show in Memory of Blake Cazier. (Council District No. 1)

 

(Approval would allow the sale, consumption and possession of alcoholic beverages within the revised designated barricaded area for the LLS Benefit Show for Blake Cazier on June 3, 2017, from 5:00 p.m. to 2:00 a.m. June 4, 2017.)

D.Resolution - Capital City Family & Food Truck Festival - Noise Exception

 

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

 

(Approval would allow for amplified music and sound during the hours of 11:00 a.m. and 5:00 p.m. on June 3, 2017, on 9th and 10th Streets, Harrison and Jackson Streets.)

E.Resolution - The Celtic Fox - LLS Benefit Noise Exception

A RESOLUTION introduced by Councilmember Karen Hiller granting The Celtic Fox an exception to the provisions of City of Topeka Code Section 9.45.150, et seq., concerning noise prohibitions.
(Council District No. 1)

(Approval would allow for amplified music and sound during the hours of 5:00 p.m. and 2:00 a.m. on June 3, 2017, on 8th Street between S. Kansas Avenue and Jackson Street.)
F.Ordinance - Expenditures - March 4-31, 2017

 

AN ORDINANCE introduced by Interim City Manager Doug Gerber, allowing and approving City expenditures for the period of March 4, 2017, through March 31, 2017, and enumerating said expenditures therein.

 

(Approval would authorize expenditures in the amount of $16,850,199.29.)

G.MINUTES of the regular meeting of April 11, 2017
H.APPLICATIONS:
I.Resolution -Visit Topeka/Cyclovia Crestview- Noise Exception


A RESOLUTION introduced by Councilmember Jeff Coen granting Visit Topeka, an exception to the provisions of City of Topeka Code Section 9.45.150, et seq., concerning noise prohibitions.
(Council District No 8)

 

This item was added at the meeting.

(City of Topeka Code Section 9.45.150, et seq., authorizes the City Council to grant noise exceptions.  Approval would allow for amplified sound during the hours of 1:00 p.m. and 4:00 p.m. on April 30, 2017, at Crestview Community Center.)

5.ACTION ITEMS:
A.Ordinance - Authorizing Initiation of Condemnation - Sanitary Sewer Improvement Project T-291011.00

 

AN ORDINANCE introduced by Interim City Manager Doug Gerber authorizing initiation of condemnation proceedings to acquire a temporary easement and permanent easements for a sanitary sewer pump station (Improvement Project No. T-291011.00).
.

(Approval would authorize the City Attorney to initiate condemnation proceedings in district court  to secure a temporary and permanent easements for construction of a sanitary sewer pump station at NW Williams and NW Eugene Street.)

B.Ordinance - Schmidt Vending (PUD17/1)

 

 AN ORDINANCE introduced by Interim City Manager Doug Gerber, amending the “District Map” referred to and made a part of the Zoning Ordinances by Section 18.50.050 of the Topeka Municipal Code, by providing for certain changes in zoning on property located at 1903 and 1911 NW Lower Silver Lake Road combined with property to the west from “R-1 Single Family Dwelling District” and “I-1 Light Industrial District” ALL TO “PUD Planned Unit Development (Light industrial uses). (PUD17/1) (Council District No. 2)

 

(Approval would allow a building expansion of the existing vending business for the storage of products and equipment up to 6,072 square feet.)

C.Ordinance - Zoning Code Updates (ACZR17/01)

 

AN ORDINANCE introduced by Interim City Manager Doug Gerber, concerning Topeka zoning regulations, specifically the conversion of existing C-5 zoning to D-1 zoning, amending and repealing sections of Topeka Municipal Code Title 18.

 

 (Approval would convert C-5 commercial zoning to D-1 downtown zoning and update other miscellaneous zoning regulations.)

D.Resolution - Use of Excess 2004-2016 Countywide Sales Tax Funds

 

RESOLUTION introduced by Doug Gerber Interim City Manager regarding the use of excess countywide retailers’ sales tax that was in effect from January 1, 2005 to December 31, 2016.

 

(It is estimated the City will have an excess of $10 million in funds from the original 2004-2016 Countywide Half-Cent Sales Tax.)

E.Resolution - 2018-2027 Capital Improvement Plan, 2018-2020 Capital Improvement Budget

A RESOLUTION introduced by Interim City Manager Doug Gerber, authorizing and adopting the 2018-2027 Capital Improvement Plan and the 2018-2020 Capital Improvement Budget and approving the project budgets attached.  (Deferred from the meeting of April 11, 2017.)

 (Approval would adopt the ten year Capital Improvement Plan (CIP), the three year Capital Improvement Budget (CIB) and the project budgets identified in the CIB).
F.Resolution - Revenue Bonds for Enterprise Fund Projects

 

A RESOLUTION introduced by Interim City Manager Doug Gerber, declaring the necessity to repair, alter, reconstruct, enlarge or improve the City's water, water pollution, and/or stormwater utility system through improvement projects authorized by Resolution and providing Notice of Intention authorizing the issuance of revenue bonds in the manner required by K.S.A. 10-1201, et seq. (Deferred from the meeting of April 11, 2017.)

 

Voting Requirement:  Two-thirds vote of the Governing Body, including the Mayor.

 

(Approval would authorize the issuance of revenue bonds for the water/water pollution/stormwater projects identified in the CIB and direct the City Clerk to publish the notice in the Topeka Metro News of the City's intent to issue revenue bonds.)

6.NON-ACTION ITEMS:
A.Discussion - Repeal Unlawful Carrying of Firearms (TMC 9.40.005)

 

DISCUSSION concerning carrying of firearms in City-owned buildings.

 

(Discussion to consider repealing the ineffective ban on firearms in City-owned buildings as set forth in Topeka Municipal Code Section 9.40.005 and other consequences of the 2016 amendments to the Personal and Family Protection Act.)

7.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.)
8.PUBLIC COMMENT:
9.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.)
10.ADJOURNMENT: