City Council Meeting

A Capital City Government Working For You… www.topeka.org City Council Agenda City Council Chambers 214 SE 8th Street Topeka, Kansas 66603 September 4, 2007 6:00 PM City Manager: Norton N. Bonaparte, Jr. Mayor: William W. Bunten Councilmembers Lana Kennedy District No. 1 Deborah Swank District No. 6 John Alcala District No. 2 Brett Blackburn District No. 7 Sylvia E. Ortiz District No. 3 Jeff Preisner District No. 8 Jack Woelfel District No. 4 Richard Harmon District No. 9 Bill Haynes District No. 5 Addressing the Council: No person shall address the Council during a Council Meeting, unless they have notified the City Clerk 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) 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. Citizens wishing to offer Public Comment may sign up by phoning the City Clerk’s office at 368- 3940. (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) Back Print INVOCATION: PLEDGE OF ALLEGIANCE: 1. PROCLAMATIONS: "None scheduled at this time." 2. PRESENTATIONS: "None scheduled at this time." 3. ROLL CALL: 4. CONSENT AGENDA: A. Resolution - Kappa Alpha Theta - Noise Exception ATTACHMENTS A RESOLUTION introduced by Councilmember Deborah Swank granting Kappa Alpha Theta an exception to the provisions of City of Topeka Code Section 54-148 concerning noise prohibitions. (Council District No. 6) (The Rock the Casa event will take place during the hours of 3:00 p.m. and 8:00 p.m. on September 8, 2007.) B. MINUTES of the regular meeting of August 21, 2007 and August 28, 2007 C. APPLICATIONS: 5. NEW BUSINESS: A. Communication - Real Estate Report - City of Topeka Surplus Property ATTACHMENTS A COMMUNICATION approving the Real Estate Report and authorizing the disposal of a vacant lot in the 1900 block of N. Kansas Avenue. (Council District No. 2) (All City departments have indicated they have no need for the subject property and have declared it as surplus property. The property would be disposed of by the competitive bid process. No common address is listed for the property.) B. Ordinance - Weekly Expenditures - August 6-12, 2007 ATTACHMENTS AN ORDINANCE introduced by City Manager Norton N. Bonaparte, Jr., allowing and approving City expenditures for the period of August 6, 2007, through August 12, 2007, and enumerating said expenditures therein. First and Final Reading. C. Ordinance - Weekly Expenditures - August 13-19, 2007 ATTACHMENTS AN ORDINANCE introduced by City Manager Norton N. Bonaparte, Jr., allowing and approving City expenditures for the period of August 13, 2007, through August 19, 2007, and enumerating said expenditures therein. First and Final Reading. 6. FIRST READINGS: A. Ordinance - Deidre Birzer (V07A/6) ATTACHMENTS AN ORDINANCE introduced by City Manager, Norton N. Bonaparte, Jr., relating to the vacation of the west one-half of an unimproved public alley right-of-way in Keystone Addition located east of 1609 SE 32nd Street, City of Topeka, Shawnee County, Kansas. First Reading. (V07A/6) (Council District No. 4) (The east half of the public alley right-of-way was vacated in 1978 and approval would vacate the remaining west half of the alley to retain the sanitary sewer easement.) B. Ordinance - Mexican Independence Day Celebration ATTACHMENTS  AN ORDINANCE introduced by Councilmember Jeff Preisner authorizing the sale, consumption, and possession of alcoholic liquor at the Mexican Independence Day Celebration to be held in downtown Topeka on September 15, 2007. First Reading. The ordinance was added to the agenda at the meeting. 7. MISCELLANEOUS: - 8. PRESENTATIONS BY THE CITY MANAGER, MAYOR AND MEMBERS OF THE COUNCIL: - 9. PUBLIC COMMENT: - 10. ADJOURNMENT: -  A Capital City Government Working For You… www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 August 3, 2007 Back Print DATE: September 4, 2007 CONTACT PERSON: DOCUMENT #: SECOND PARTY/SUBJECT: PROJECT #: CATEGORY/SUBCATEGORY CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: POLICY ISSUE: STAFF RECOMMENDATION: BACKGROUND: BUDGETARY IMPACT: SOURCE OF FUNDING: ATTACHMENTS: No Attachments Available Item #1  A Capital City Government Working For You… www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 August 3, 2007 Back Print DATE: September 4, 2007 CONTACT PERSON: DOCUMENT #: SECOND PARTY/SUBJECT: PROJECT #: CATEGORY/SUBCATEGORY CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: POLICY ISSUE: STAFF RECOMMENDATION: BACKGROUND: BUDGETARY IMPACT: SOURCE OF FUNDING: ATTACHMENTS: No Attachments Available Item #2  A Capital City Government Working For You… www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 June 12, 2007 Back Print DATE: September 4, 2007 CONTACT PERSON: DOCUMENT #: SECOND PARTY/SUBJECT: PROJECT #: CATEGORY/SUBCATEGORY CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: "None scheduled at this time." POLICY ISSUE: STAFF RECOMMENDATION: BACKGROUND: BUDGETARY IMPACT: SOURCE OF FUNDING: ATTACHMENTS: No Attachments Available Item #3  A Capital City Government Working For You… www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 August 3, 2007 Back Print DATE: September 4, 2007 CONTACT PERSON: DOCUMENT #: SECOND PARTY/SUBJECT: PROJECT #: CATEGORY/SUBCATEGORY CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: "None scheduled at this time." POLICY ISSUE: STAFF RECOMMENDATION: BACKGROUND: BUDGETARY IMPACT: SOURCE OF FUNDING: ATTACHMENTS: No Attachments Available Item #4  A Capital City Government Working For You… www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 August 3, 2007 Back Print DATE: September 4, 2007 CONTACT PERSON: DOCUMENT #: SECOND PARTY/SUBJECT: PROJECT #: CATEGORY/SUBCATEGORY CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: POLICY ISSUE: STAFF RECOMMENDATION: BACKGROUND: BUDGETARY IMPACT: SOURCE OF FUNDING: ATTACHMENTS: No Attachments Available Item #5  A Capital City Government Working For You… www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 August 20, 2007 Back Print DATE: September 4, 2007 CONTACT PERSON: Deborah Swank DOCUMENT #: SECOND PARTY/SUBJECT: Emily Charles PROJECT #: CATEGORY/SUBCATEGORY 020 Resolutions / 005 Miscellaneous CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: A RESOLUTION introduced by Councilmember Deborah Swank granting Kappa Alpha Theta an exception to the provisions of City of Topeka Code Section 54-148 concerning noise prohibitions. (Council District No. 6) (The Rock the Casa event will take place during the hours of 3:00 p.m. and 8:00 p.m. on September 8, 2007.) POLICY ISSUE: None STAFF RECOMMENDATION: None BACKGROUND: Noise exception for live bands located at 2001 SW MacVicar Avenue during specified date and time. BUDGETARY IMPACT: None SOURCE OF FUNDING: None ATTACHMENTS: Resolution Item #6  Attachment number 1 Page 1 of 2 1 RESOLUTION NO. ________ 2 3 A RESOLUTION introduced by Councilmember Deborah Swank granting Kappa 4 Alpha Theta an exception to the provisions of City of Topeka 5 Code Section 54-148 concerning noise prohibitions. 6 7 WHEREAS, City of Topeka Code Section 54-148 makes it unlawful for 8 any person to make, continue or cause to made or continued any loud, 9 unnecessary or unusual noise or any noise which either annoys, disturbs, injures 10 or endangers the comfort, repose, health or safety or others within the limits of 11 the city; and 12 WHEREAS, City of Topeka Code Section 54-148 authorizes the City 13 Council to grant exceptions to the prohibitions of this code section upon request 14 and a showing that the proposed activity does not offend the spirit of the findings 15 of City of Topeka Code Section 54-146, and 16 WHEREAS, Kappa Alpha Theta has requested that it be granted an 17 exception to the provisions of City of Topeka Code Section 54-148 for the 18 purposes, dates and times described herein, and 19 WHEREAS, upon review of the application of Kappa Alpha Theta, the 20 Council of the City of Topeka does hereby find that the requested activity does 21 not offend the spirit of the findings of City of Topeka Code Section 54-146. 22 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of 23 Topeka that Kappa Alpha Theta is hereby granted an exception from the 24 provisions of City of Topeka Code Section 54-148 for a live band at the Rock the COUNRES 1 Kappa Alpha Theta 08/20/07  Attachment number 1 Page 2 of 2 25 Casa event located at 2001 SW MacVicar Avenue during the hours of 3:00 p.m. 26 until 8:00 p.m. on September 8, 2007. 27 28 ADOPTED and APPROVED by the City Council ____________________. 29 30 31 ____________________________________ 32 William W. Bunten, Mayor 33 34 _______________________________ 35 Brenda Younger, City Clerk 36 COUNRES 2 Kappa Alpha Theta 08/20/07  A Capital City Government Working For You… www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 August 21, 2007 Back Print DATE: September 4, 2007 CONTACT PERSON: DOCUMENT #: SECOND PARTY/SUBJECT: PROJECT #: CATEGORY/SUBCATEGORY CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: POLICY ISSUE: STAFF RECOMMENDATION: BACKGROUND: BUDGETARY IMPACT: SOURCE OF FUNDING: ATTACHMENTS: No Attachments Available Item #7  A Capital City Government Working For You… www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 August 1, 2007 Back Print DATE: September 4, 2007 CONTACT PERSON: DOCUMENT #: SECOND PARTY/SUBJECT: PROJECT #: CATEGORY/SUBCATEGORY CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: POLICY ISSUE: STAFF RECOMMENDATION: BACKGROUND: BUDGETARY IMPACT: SOURCE OF FUNDING: ATTACHMENTS: No Attachments Available Item #8  A Capital City Government Working For You… www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 August 21, 2007 Back Print DATE: September 4, 2007 CONTACT PERSON: Rusty Rakestraw DOCUMENT #: SECOND PARTY/SUBJECT: Real Estate Report for PROJECT #: Disposal of Real Property CATEGORY/SUBCATEGORY 019 Reports / 009 Real Estate CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: A COMMUNICATION approving the Real Estate Report and authorizing the disposal of a vacant lot in the 1900 block of N. Kansas Avenue. (Council District No. 2) (All City departments have indicated they have no need for the subject property and have declared it as surplus property. The property would be disposed of by the competitive bid process. No common address is listed for the property.) POLICY ISSUE: N/A STAFF RECOMMENDATION: Staff recommends Council approve the disposal of the real estate. BACKGROUND: All City departments have indicated they have no need for the subject property and have declared it as surplus property. Sec. 2-456 of the City Code states that Council consent is required for disposal of all real property. An adjacent property owner has made a request to purchase the property. Due to the fact the property can be built upon, the City must open up the sale to the public. BUDGETARY IMPACT: To be determined in the bidding process. SOURCE OF FUNDING: N/A ATTACHMENTS: Real Estate Report Item #9 Plat of Survey Aerial Map Attachment number 1 Page 1 of 2 Attachment number 1 Page 2 of 2 Attachment number 2 Page 1 of 1 Attachment number 3 Page 1 of 1  A Capital City Government Working For You… www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 August 29, 2007 Back Print DATE: September 4, 2007 CONTACT PERSON: Jim Langford/kej DOCUMENT #: SECOND PARTY/SUBJECT: Weekly Expenditures PROJECT #: CATEGORY/SUBCATEGORY 014 Ordinances – Non-Codified / 005 Miscellaneous CIP PROJECT: No ACTION OF COUNCIL: 08/28/07 Continued 1 week JOURNAL #: 07 PAGE #: DOCUMENT DESCRIPTION: AN ORDINANCE introduced by City Manager Norton N. Bonaparte, Jr., allowing and approving City expenditures for the period of August 6, 2007, through August 12, 2007, and enumerating said expenditures therein. First and Final Reading. POLICY ISSUE: Approve and allow weekly payments of valid operating expenditures, pursuant to Resolution No. 7607. STAFF RECOMMENDATION: Adopt as presented. BACKGROUND: Pursuant to Resolution No. 7607, adopted on April 12, 2005, which provides authorization to pay for certain expenditures prior to approval by the Council in an expenditure ordinance, the expenditures being authorized by this ordinance have been previously paid, in accordance with established procedures and policies for such payments. BUDGETARY IMPACT: Approves expenditures for the period August 6, 2007, through August 12, 2007, in the amount of $2,047,247.20. SOURCE OF FUNDING: Appropriated funds and fees-for-service revenues of various City departments. ATTACHMENTS: Weekly Expenditures for Week Ending August 12, 2007 Item #10  Attachment number 1 Page 1 of 1 1 (Published in the Topeka Metro News ) 2 3 4 ORDINANCE NO. 5 6 AN ORDINANCE introduced by City Manager Norton N. Bonaparte Jr., allowing and 7 approving City expenditures for the period of August 6, 2007, through 8 August 12, 2007, and enumerating said expenditures herein. 9 10 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TOPEKA, KANSAS: 11 Section 1. All expenditures made or authorized to be made by issuance of checks 12 or electronic transfers as enumerated herein, are in accordance with City of Topeka 13 Resolution No. 7607. 14 Section 2. The claims and expenditures listed in Exhibit A, which is on file in the 15 City Council Office and the City Clerk’s Office and incorporated herein by said reference, 16 are hereby allowed and approved for payment. 17 Section 3. Total for 63 vendor checks written in this period $1,969,298.79 18 Total vendor checks voided in this period (net) (1,589.35) 19 Total electronic transfers to vendors in this period 79,537.76 20 Total net payroll to employees this period 0.00 21 Total payroll related electronic transfers this period 0.00 22 Total for expenditures in this period $2,047,247.20 23 Section 4. This ordinance shall take effect and be in force after its passage, 24 approval and publication in the official city newspaper. 25 PASSED and APPROVED by the City Council . 26 27 28 ATTEST: William W. Bunten, Mayor 29 30 31 ____________________________ 32 Brenda Younger, City Clerk  A Capital City Government Working For You… www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 August 21, 2007 Back Print DATE: September 4, 2007 CONTACT PERSON: Jim Langford/kej DOCUMENT #: SECOND PARTY/SUBJECT: Weekly Expenditures PROJECT #: CATEGORY/SUBCATEGORY 014 Ordinances – Non-Codified / 005 Miscellaneous CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: AN ORDINANCE introduced by City Manager Norton N. Bonaparte, Jr., allowing and approving City expenditures for the period of August 13, 2007, through August 19, 2007, and enumerating said expenditures therein. First and Final Reading. POLICY ISSUE: Approve and allow weekly payments of valid operating expenditures, pursuant to Resolution No. 7607. STAFF RECOMMENDATION: Adopt as presented. BACKGROUND: Pursuant to Resolution No. 7607, adopted on April 12, 2005, which provides authorization to pay for certain expenditures prior to approval by the Council in an expenditure ordinance, the expenditures being authorized by this ordinance have been previously paid, in accordance with established procedures and policies for such payments. BUDGETARY IMPACT: Approves expenditures for the period August 13, 2007, through August 19, 2007, in the amount of $5,604,388.74. SOURCE OF FUNDING: Appropriated funds and fees-for-service revenues of various City departments. ATTACHMENTS: Weekly Expenditures for Week Ending August 19, 2007 Item #11  Attachment number 1 Page 1 of 1 1 (Published in the Topeka Metro News ) 2 3 4 ORDINANCE NO. 5 6 AN ORDINANCE introduced by City Manager Norton N. Bonaparte Jr., allowing and 7 approving City expenditures for the period of August 13, 2007, 8 through August 19, 2007, and enumerating said expenditures herein. 9 10 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TOPEKA, KANSAS: 11 Section 1. All expenditures made or authorized to be made by issuance of checks 12 or electronic transfers as enumerated herein, are in accordance with City of Topeka 13 Resolution No. 7607. 14 Section 2. The claims and expenditures listed in Exhibit A, which is on file in the 15 City Council Office and the City Clerk’s Office and incorporated herein by said reference, 16 are hereby allowed and approved for payment. 17 Section 3. Total for 495 vendor checks written in this period $2,876,358.57 18 Total vendor checks voided in this period (net) (57.24) 19 Total electronic transfers to vendors in this period 119,641.69 20 Total net payroll to employees this period 1,635,754.23 21 Total payroll related electronic transfers this period 972,691.49 22 Total for expenditures in this period $5,604,388.74 23 Section 4. This ordinance shall take effect and be in force after its passage, 24 approval and publication in the official city newspaper. 25 PASSED and APPROVED by the City Council . 26 27 28 ATTEST: William W. Bunten, Mayor 29 30 31 ____________________________ 32 Brenda Younger, City Clerk  A Capital City Government Working For You… www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 August 8, 2007 Back Print DATE: September 4, 2007 CONTACT PERSON: David Thurbon/Bill Fiander DOCUMENT #: N/A SECOND PARTY/SUBJECT: Deidre Birzer PROJECT #: V07A/6 CATEGORY/SUBCATEGORY 014 Ordinances – Non-Codified / 006 Vacations CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: AN ORDINANCE introduced by City Manager, Norton N. Bonaparte, Jr., relating to the vacation of the west one-half of an unimproved public alley right-of-way in Keystone Addition located east of 1609 SE 32nd Street, City of Topeka, Shawnee County, Kansas. First Reading. (V07A/6) (Council District No. 4) (The east half of the public alley right-of-way was vacated in 1978 and approval would vacate the remaining west half of the alley to retain the sanitary sewer easement.) POLICY ISSUE: Typically, staff is not supportive of alley vacations that only vacate half of an alley or that create excessive dead-end situations. However, in this case half of the alley contiguous with this request was already vacated in 1978 and the alley is not improved. Adjacent property owners have been notified of this request to close the remaining portion of the alley. STAFF RECOMMENDATION: The Planning Department recommends APPROVAL of the proposed vacation conditional to retaining a necessary sanitary sewer easement. BACKGROUND:
The Kansas Statutes and Topeka Code Section 130-476(b) requires a public hearing in conjunction with proposed vacation petitions which have been filed in accordance with a prescribed procedure.
The east one-half of the alley was vacated in 1978. The applicant wishes to own and maintain the west one-half of the unimproved alley.
A sanitary sewer is located within the alley. A sanitary sewer easement will be retained.
Approval of the vacation should not be construed to imply support for existing or subsequent land development. BUDGETARY IMPACT: N/A. SOURCE OF FUNDING: N/A. Item #12 ATTACHMENTS: Vicinity Map Aerial Ordinance Legal Advertisement Comment Sheet Application Item #12  Attachment number 1 Page 1 of 3 (Published in the Topeka Metro News ) ORDINANCE NO. AN ORDINANCE introduced by City Manager, Norton N. Bonaparte, Jr., relating to the vacation of the west one-half of an unimproved public alley right-of-way in Keystone Addition located east of 1609 SE 32nd Street, City of Topeka, Shawnee County, Kansas. (V07A/6) (Council District No. 4) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TOPEKA, KANSAS: Section 1. That pursuant to the requirements of K.S.A. 12-504 as amended, a petition by Deidre Birzer, as property owner, has been filed with the office of the City Clerk, requesting the vacation of the following described platted unimproved alley right-of-way located within the City of Topeka, Shawnee County, Kansas: The West one-half of an alley in Keystone Addition in the City of Topeka, Shawnee County, Kansas, the West line of which is coincident with the East lines of Lots 434, 436, 438, 440 and 442 on Minnesota Avenue, formerly Wisconsin Avenue, extending from a prolongation of the North line of Lot 434 to a prolongation of the South line of Lot 442. Section 2. That said petition has been duly published for two (2) consecutive weeks in a newspaper of general circulation and on September 11, 2007, the petition is ready for determination by the Council of the City of Topeka, Kansas. Section 3. That the Council of the City of Topeka, after being duly informed and hearing the evidence presented finds that: a. Legal notice was given as required by K.S.A. 12-504 as amended. b. No private rights will be injured or endangered by such vacation. c. The public will suffer no loss or inconvenience by such vacation.  Attachment number 1 Page 2 of 3 Section 4. That the Council of the City of Topeka does hereby find that justice requires the petition of vacation be granted and does hereby order the vacation of the below described platted unimproved alley right-of-way located within the City of Topeka, Kansas: The West one-half of an alley in Keystone Addition in the City of Topeka, Shawnee County, Kansas, the West line of which is coincident with the East lines of Lots 434, 436, 438, 440 and 442 on Minnesota Avenue, formerly Wisconsin Avenue, extending from a prolongation of the North line of Lot 434 to a prolongation of the South line of Lot 442. Section 5. That the Council of the City of Topeka does hereby find that justice further requires the provision for a utility easement to be established over the described property as set forth in Section 4 and does hereby order the retention of the below described area as a sanitary sewer easement: The West one-half of an alley in Keystone Addition in the City of Topeka, Shawnee County, Kansas, the West line of which is coincident with the East lines of Lots 434, 436, 438, 440 and 442 on Minnesota Avenue, formerly Wisconsin Avenue, extending from a prolongation of the North line of Lot 434 to a prolongation of the South line of Lot 442. Section 6. This vacation shall not affect any other underlying easements or restrictions whether platted or by instrument. Section 7. The City Clerk is hereby directed to certify a copy of this ordinance to the Shawnee County Register of Deeds Office for appropriate recording. Section 8. This ordinance shall take effect and be in force from and after its passage, approval and publication in the official city newspaper.  Attachment number 1 Page 3 of 3 PASSED AND APPROVED by the Council of the City of Topeka , 2007. __________________________________ William W. Bunten, Mayor ATTEST: _______________________________ Brenda Younger, City Clerk To Be Codified __ Not To Be Codified X Attachment number 2 Page 1 of 1 Attachment number 3 Page 1 of 1 Attachment number 4 Page 1 of 3 Attachment number 4 Page 2 of 3 Attachment number 4 Page 3 of 3  Attachment number 5 Page 1 of 1 Please have the attached published in the Topeka Metro News in the Legal Advertising Section on August 17, 2007 and again on August 24, 2007. IN THE MATTER OF THE PROPOSED VACATION OF: The west half of a public unimproved alley right-of-way located east of 1609 SE 32nd Street, Keystone Addition, City of Topeka, Shawnee County, Kansas. (V07A/6) (Council District No. 4) NOTICE OF PUBLIC HEARING (Pursuant to K.S.A. 12-504 et seq.) To Whom It May Concern: Public notice is hereby given that a petition has been filed by Deidre Birzer, owner of the concerned property which includes a portion of a public unimproved alley right-of-way and praying that the right-of- way located on said property be vacated. The petition will be presented to the Council of the City of Topeka for hearing on September 11, at 6:00 P.M. or as soon thereafter as the same may be heard in the City Council Chambers, Municipal Building, 2nd Floor, 8th and Monroe Streets, Topeka, Kansas, at which time and place all interested persons may appear and be heard, either for or against granting the prayer of said Petition. BY THE GOVERNING BODY, CITY OF TOPEKA, KANSAS  Attachment number 6 Page 1 of 1 STREET/ALLEY/EASEMENT/SUBDIVISION VACATION Case No.: V07A/6 Location: Located east of 1609 SE 32nd Street. DEPARTMENTS: • Water Division: X No Objection ______ Objection • Engineering: X No Objection __ Objection Comments: There is an existing sanitary sewer in the alley. A sanitary sewer easement must be retained over the vacated alley, if there are no other utilities present. If there are other utilities, then a public utility easement must be retained. • County Refuse: X No Objection ______ Objection • Fire Department: X No Objection ______ Objection • Police Department: X No Objection ______ Objection UTILITY COMPANIES: • AT&T: X_ No Objection _ _ Objection • Westar: X No Objection __ __ Objection • Kansas Gas Service: X No Objection ______ Objection • Cox Communications: X No Objection ______ Objection Cindy Johnson, Planner I August 8, 2007  A Capital City Government Working For You… www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 September 5, 2007 Back Print DATE: September 4, 2007 CONTACT PERSON: Jeff Preisner DOCUMENT #: SECOND PARTY/SUBJECT: Elias Garcia PROJECT #: CATEGORY/SUBCATEGORY 020 Resolutions / 005 Miscellaneous CIP PROJECT: No ACTION OF COUNCIL: First Reading 9/4/2007 JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: AN ORDINANCE introduced by Councilmember Jeff Preisner authorizing the sale, consumption, and possession of alcoholic liquor at the Mexican Independence Day Celebration to be held in downtown Topeka on September 15, 2007. First Reading. The ordinance was added to the agenda at the meeting. POLICY ISSUE: None STAFF RECOMMENDATION: None BACKGROUND: Authorization for sale, possession, and consumption of alcoholic liquor at specified location, dates, and times. BUDGETARY IMPACT: None SOURCE OF FUNDING: None ATTACHMENTS: Ordinance Item #13  Attachment number 1 Page 1 of 2 1 (Published in the Topeka Metro News ) 2 3 4 ORDINANCE NO. 5 6 AN ORDINANCE introduced by Councilmember Jeff Preisner authorizing the Mexican 7 Independence Day Celebration to be held in downtown Topeka on 8 September 15, 2007. 9 10 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 TOPEKA, KANSAS: 12 Section 1. Authorization is hereby given to the Hispanic Heritage Month 13 Committee to hold the Mexican Independence Day Celebration on 9th Street between 14 Kansas Avenue and Jackson Street and on Jackson Street at the intersection of 9th Street 15 adjacent to the Capitol on September 15, 2007. 16 Authorization also is given to barricade 9th Street between Kansas Avenue and 17 Jackson Street as well as to barricade Jackson Street at the intersection of 9th Street 18 adjacent to the Capitol between the hours of 3:00 p.m. and 11:00 p.m. Attendance to the 19 Celebration is open to the public between the hours of 3:00 p.m. and 11:00 p.m. on 20 September 15, 2007. Licensed retailers may sell non-alcoholic commodities or food 21 between the hours of 3:00 p.m. and 11:00 p.m. on September 15, 2007. The barricaded 22 portion of 9th Street and Jackson Street between the hours of 3:00 p.m. and 11:00 p.m. on 23 September 15, 2007, shall be temporarily removed from the City’s right-of-way and the 24 provisions of K.S.A. 41-719. Vendors holding the appropriate license from the State of 25 Kansas to sell alcoholic liquor may in accordance with all applicable state laws and 26 municipal ordinances sell alcoholic liquor in the specific area designated by the division of 27 Alcohol Beverage Control within the barricaded portion of 9th Street and Jackson Street 28 between the hours of 3:00 p.m. and 11:00 p.m. on September 15, 2007. Event attendees BORD\Mexican Independence Day 8/29/07 1  Attachment number 1 Page 2 of 2 29 may buy, possess and consume alcoholic beverages in the specific area designated by the th 30 division of Alcohol Beverage Control within the barricaded portion of 9 Street and Jackson 31 Street between the hours of 3:00 p.m. and 11:00 p.m. on September 15, 2007. 32 Section 2. This Ordinance shall be null and void on September 16, 2007. 33 Section 3. This Ordinance shall take effect and be in force after its passage, 34 approval and publication in the official city newspaper. 35 PASSED and APPROVED by the City Council . 36 CITY OF TOPEKA, KANSAS 37 38 39 40 41 William W. Bunten, Mayor 42 ATTEST: 43 44 45 46 ____________________________ 47 Brenda Younger, City Clerk BORD\Mexican Independence Day 8/29/07 2  A Capital City Government Working For You… www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 January 30, 2007 Back Print DATE: September 4, 2007 CONTACT PERSON: DOCUMENT #: SECOND PARTY/SUBJECT: PROJECT #: CATEGORY/SUBCATEGORY CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: POLICY ISSUE: STAFF RECOMMENDATION: BACKGROUND: BUDGETARY IMPACT: SOURCE OF FUNDING: ATTACHMENTS: No Attachments Available Item #14  A Capital City Government Working For You… www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 January 30, 2007 Back Print DATE: September 4, 2007 CONTACT PERSON: DOCUMENT #: SECOND PARTY/SUBJECT: PROJECT #: CATEGORY/SUBCATEGORY CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: POLICY ISSUE: STAFF RECOMMENDATION: BACKGROUND: BUDGETARY IMPACT: SOURCE OF FUNDING: ATTACHMENTS: No Attachments Available Item #15  A Capital City Government Working For You… www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 January 30, 2007 Back Print DATE: September 4, 2007 CONTACT PERSON: DOCUMENT #: SECOND PARTY/SUBJECT: PROJECT #: CATEGORY/SUBCATEGORY CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: POLICY ISSUE: STAFF RECOMMENDATION: BACKGROUND: BUDGETARY IMPACT: SOURCE OF FUNDING: ATTACHMENTS: No Attachments Available Item #16  A Capital City Government Working For You… www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 January 30, 2007 Back Print DATE: September 4, 2007 CONTACT PERSON: DOCUMENT #: SECOND PARTY/SUBJECT: PROJECT #: CATEGORY/SUBCATEGORY CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: POLICY ISSUE: STAFF RECOMMENDATION: BACKGROUND: BUDGETARY IMPACT: SOURCE OF FUNDING: ATTACHMENTS: No Attachments Available Item #17