Governing Body Agenda
 
September 12, 2023
6:00 PM
City Council Chambers 214 SE 8th Street, 2nd Floor Topeka KS 66603
 
 
 
 
 
 

Mayor: Michael A. Padilla

Councilmembers
Karen A. Hiller District No. 1Hannah Naeger District No. 6
Christina Valdivia-AlcalaDistrict No. 2Neil DoblerDistrict No. 7
Sylvia E. OrtizDistrict No. 3Spencer DuncanDistrict No. 8
Tony EmersonDistrict No. 4Michelle HofererDistrict No. 9
Brett D. KellDistrict No. 5  

Interim City Manager: Richard U. Nienstedt

Addressing the Governing Body: Public comment for the meeting will be available via Zoom or in-person.  Individuals must contact the City Clerk's Office at 785-368-3940 or via email at cclerk@topeka.org by no later than 5:00 p.m. on the date of the meeting, after which the City Clerk's Office will provide Zoom link information and protocols prior to the meeting.  View the meeting online at https://www.topeka.org/communications/live-stream/ or at https://www.facebook.com/cityoftopeka/.

 

Written public comment may also be considered to the extent it is personally submitted at the meeting or to the City Clerk's Office located at 215 SE 7th Street, Room 166, Topeka, Kansas, 66603 or via email at cclerk@topeka.org on or before the date of the meeting for attachment to the meeting minutes.

 

The Federal Communications Commission (FCC) has adopted use of the 711 dialing code for access to Telecommunications Relay Services (TRS).  TRS permits persons with a hearing or speech disability to use the telephone system via a text telephone (TTY) or other device to call persons with or without such disabilities.  To reach the City Clerk's office using the TRS, please dial 711. 

 

Agendas are available by 5:00 p.m. on Thursday in the City Clerk's Office, 215 SE 7th Street, Room 166, Topeka, Kansas, 66603 or on the City's website at https://www.topeka.org. 

 
 
 
 

 
CALL TO ORDER:
INVOCATION:
PLEDGE OF ALLEGIANCE:
1.ROLL CALL:
2.MAYORAL PROCLAMATIONS:
  • Welcoming Week
  • Hispanic Heritage Month & Mexican Independence Day 
3.CONSENT AGENDA:
A.Resolution - Christ the King - Noise Exception


RESOLUTION introduced by Councilmember Spencer Duncan, granting Christ the King Catholic Church an exception to the provisions of City of Topeka Code Section 9.45.150, et seq., concerning noise prohibitions.
  (Council District No. 8). (Item not considered to be voted on. In error it was duplicated, approved 9-5-23 Ordinance No. 9466)

(Approval would allow for outdoor amplified music and sound during the hours of  4:30 p.m. and 10:00 p.m., at 5973 SW 25th Street on September 23, 2023.)

 

B.Professional Services Contract - SBB Engineering for Reconstruction Design

 

APPROVAL of a Public Works Engineering Contract between the City of Topeka and SBB Engineering in an amount not to exceed $188,880 for engineering services for Project No. T-701063.00.  (NW/NE Curtis Street - Curtis Flyoff to Monroe Street)

 

(Approval will authorize the City Manager to sign and execute the contract for an amount not to exceed $188,088 for design and preparation of project plans for pavement and storm sewer replacement.)

 

C.Professional Services Contract - Henson, Hutton, Mudrick, Gragson and Vogelsberg

 

APPROVAL of a professional services contract exceeding $50,000 between the City and Henson, Hutton, Mudrick, Gragson and Vogelsberg to represent the city in a civil lawsuit.

 

(Approval will authorize continuation of the contract.)

 

D.MINUTES of the regular meeting of September 5, 2023
E.APPLICATIONS:
4.ACTION ITEMS:
A.Public Hearing and Ordinance - Michael and Elizabeth Cromwell (V23E/02)

 

PUBLIC HEARING regarding the petition filed by Michael L. and Elizabeth F. Cromwell to vacate a portion of an existing 16 foot wide public sanitary sewer easement.

 

ORDINANCE introduced by Interim City Manager Richard U. Nienstedt relating to the partial vacation of a 16 foot wide sanitary sewer easement located on Lot 1, Block A, Helping Hands Humane Society Subdivision at 2625 NW Rochester Road to allow for a building expansion and alignment of the sanitary service line serving the new building addition.  (V23E/02) (Council District No. 2)

 

Voting Requirement: Action requires at least six (6) votes of the Governing Body.

 

(Approval will allow the completion of a new building addition that is currently under construction.)

 

B.Public Hearing and Ordinance - Clay Sherwood Rentals LLC (V23A/01)

 

PUBLIC HEARING regarding the petition filed by Clay Sherwood Rentals, LLC to vacate a public alley right-of-way.

 

ORDINANCE introduced by Interim City Manager Richard U. Nienstedt relating to the vacation of a 20 foot wide public alley extending east-west and located between properties lying at 410 SW 6th Avenue and 523 SW Harrison Street in the City of Topeka, Shawnee County, Kansas. (V23A/01) (Council District No. 1)

 

Voting Requirement: Action requires at least six (6) votes of the Governing Body.

 

(Approval will vacate a 20 foot wide east-west public alley and retain a public utility easement. The vacation will enable the property owner to extend a security fence from 509 SW Harrison across the alley to 410 SW 6th to enclose his properties.)

 

C.Final Plat - Elk Lake Shawnee Subdivision (P23/11)

 

ACCEPTANCE of Land Dedications in the FINAL PLAT for Elk Lake Shawnee Subdivision located at 3440 SE 29th Street within the City of Topeka, Shawnee County Kansas.  (P23/11)

 

Voting Requirement: Action requires at least six (6) votes of the Governing Body.

 

(Approval would accept the land dedications for public infrastructure purposes in the Elk Lake Shawnee Subdivision for a 2 lot subdivision to allow a total of 26 dwelling units constructed within two phases.)

 

D.Appropriation Ordinance - 2024 Operating Budget

 

APPROPRIATION ORDINANCE introduced by Interim City Manager Richard U. Nienstedt, approving and adopting the operating budget for the City of Topeka for the year 2024 and appropriating the amounts for the purpose as set forth therein. 

 

Voting Requirement: Action requires at least five (5) votes of the City Council. The Mayor does not vote. The proposed ordinance involves a matter of home rule on which the Mayor has veto authority.

 

(Approval would adopt the 2024 City of Topeka Operating Budget.)

 

E.Discussion and Possible Action - TMC 9.45.360 Unlawful Camping

 

DISCUSSION and POSSIBLE ACTION of proposed amendments to Article III of Chapter 9.45 of the Topeka Municipal Code and repealing original sections concerning unlawful camping.

 

Voting Requirement: Action requires at least five (5) votes of the City Council. The Mayor does not vote. The proposed ordinance involves a matter of home rule on which the Mayor has veto authority.

 

(Amendments will be discussed and considered for action by the Governing Body.)

 

5.NON-ACTION ITEMS:
A.Discussion - Standard Traffic Ordinance 50th Edition Adoption Ordinance

 

DISCUSSION concerning the 2023 Standard Traffic Ordinance (STO) and local amendments amending Topeka Municipal Code Sections 10.15.010 and 10.15.020. 

 

(Approval will adopt the most recent version of the STO.)

 

B.Discussion - Uniform Public Offense Code 39th Edition Adoption Ordinance

 

DISCUSSION concerning the adoption of the 2023 Uniform Public Offense Code (UPOC) and local amendments, amending Topeka Municipal Code Section 9.05.080.

 

(Approval will adopt the most current version of the UPOC with current statutory changes.)


6.PUBLIC COMMENT:
Public comment for the meeting will be available via Zoom or in-person. Individuals must contact the City Clerk's Office at 785-368-3940 or via email at cclerk@topeka.org by no later than 5:00 p.m. on the date of the meeting, after which the City Clerk's Office will provide Zoom link information and protocols prior to the meeting. Written public comment may also be considered to the extent it is personally submitted at the meeting or to the City Clerk's Office located at 215 SE 7th Street, Room 166, Topeka, Kansas, 66603 or via email at cclerk@topeka.org on or before the date of the meeting for attachment to the meeting minutes. View the meeting online at https://www.topeka.org/communications/live-stream/ or at https://www.facebook.com/cityoftopeka/.
7.ANNOUNCEMENTS:
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: