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 October 16, 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: "Disability Mentoring Day" "Week Without Violence" 2. PRESENTATIONS: "None scheduled at this time." 3. ROLL CALL: 4. CONSENT AGENDA: A. Communication - Community Corrections Advisory Board A COMMUNICATION recommending the re-appointment of Mary Bradshaw to the Community Corrections Advisory Board for a term that would expire on October 31, 2009. (Council District No. 8) B. Communication - Community Corrections Advisory Board A COMMUNICATION recommending the re-appointment of Lazone Grays to the Community Corrections Advisory Board for a term that would expire on October 31, 2009. (Council District No. 1) C. Communication - Community Corrections Advisory Board A COMMUNICATION recommending the re-appointment of Ted Heim to the Community Corrections Advisory Board for a term that would expire on October 31, 2009. (Council District No. 6) D. Communication - Jayhawk Area Agency on Aging Advisory Council ATTACHMENTS A COMMUNICATION recommending the appointment of Beverly Cushinberry to the Jayhawk Area Agency on Aging Advisory Council for a term that would expire on September 30, 2010. (Council District No. 3) E. Final Plat - Monarch Meadow Subdivision No. 4 (P07/31) ATTACHMENTS A FINAL PLAT for Monarch Meadow Subdivision No. 4 located south of SW 41st Street and west of SW Lincolnshire Road between SW 41st Street and SW Monarch Court in the City of Topeka, Shawnee County, Kansas.(P07/31) (The Planning Commission recommended approval by a vote of 6-0-0.)(The Planning Department recommended approval.) (The proposal would adjust the lot lines of previously platted lots and decrease the number of lots from 8 to 7.) F. MINUTES of the regular meeting of October 9, 2007 G. APPLICATIONS: 5. PUBLIC HEARINGS: A. Public Hearing and Ordinance - Strathman Sales Company, Inc. (V07E/11) ATTACHMENTS A PUBLIC HEARING relating to vacation request V07E/11 by Stratham Sales Company, Inc., to vacate a platted utility easement in Jefferson Square Subdivision No. 2 located at the southwest corner of SE Quincy Street and SE Lakewood Boulevard, City of Topeka, Shawnee County, Kansas. AN ORDINANCE introduced by City Manager Norton N. Bonaparte, Jr., relating to the vacation of a platted utility easement in Jefferson Square Subdivision No. 2 located at the  southwest corner of SE Quincy Street and SE Lakewood Boulevard, City of Topeka, Shawnee County, Kansas. Final Reading. (V07E/11) (Council District No. 3) (Approval would vacate a portion of a platted utility easement and establish a necessary sanitary sewer easement.) 6. UNFINISHED BUSINESS: A. Ordinance - Historic Asset Preservation Fund ATTACHMENTS AN ORDINANCE introduced by Deputy Mayor Brett Blackburn amending City of Topeka Code Section 2-331 concerning the expenditure of monies from the Historic Asset Preservation fund and specifically repealing said original section. Final Reading. (Deferred from the meeting of August 28, 2007.)(The Economic and Community Development Committee recommended approval by a vote of 3-0-0 on September 28, 2007.) (The amendment would restrict the expenditure of funds to the preservation of historic assets that provide a public heritage tourism benefit, and would specifically exclude expenditures on projects that are private or primarily commercial in nature.) 7. NEW BUSINESS: A. Communication - Trafficway Improvement Project No. 70142-02 A COMMUNICATION authorizing the City Manager to solicit bids and award the construction contract for Trafficway Improvement Project 70142-02 located on SE California Avenue between SE 21st Street and SE 29th Street. (Council District No. 4) (Approval would allow for the award of the construction contract for the project.) B. Ordinance - Weekly Expenditures - September 24-30, 2007 ATTACHMENTS AN ORDINANCE introduced by City Manager Norton N. Bonaparte, Jr., allowing and approving City expenditures for the period of September 24, 2007, through September 30, 2007, and enumerating said expenditures therein. First and Final Reading. 8. MISCELLANEOUS: - 9. PRESENTATIONS BY THE CITY MANAGER, MAYOR AND MEMBERS OF THE COUNCIL: - 10. PUBLIC COMMENT: - 11. ADJOURNMENT: -  A Capital City Government Working For You… www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 September 4, 2007 Back Print DATE: October 16, 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 September 4, 2007 Back Print DATE: October 16, 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 September 4, 2007 Back Print DATE: October 16, 2007 CONTACT PERSON: DOCUMENT #: SECOND PARTY/SUBJECT: PROJECT #: CATEGORY/SUBCATEGORY CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: "Disability Mentoring Day" "Week Without Violence" 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 September 4, 2007 Back Print DATE: October 16, 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 September 4, 2007 Back Print DATE: October 16, 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 September 20, 2007 Back Print DATE: October 16, 2007 CONTACT PERSON: Celeste Benton DOCUMENT #: SECOND PARTY/SUBJECT: Community Corrections PROJECT #: Advisory Board CATEGORY/SUBCATEGORY 006 Communication / 003 Requests CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: A COMMUNICATION recommending the re-appointment of Mary Bradshaw to the Community Corrections Advisory Board for a term that would expire on October 31, 2009. (Council District No. 8) POLICY ISSUE: NA STAFF RECOMMENDATION: The Mayor is recommending the re-appointment of Mary Bradshaw, 6422 SW 24th, to the Community Corrections Advisory Board for a two year term that will end October 31, 2009. There is no official attendance policy. Ms Bradshaw has been absent four times during her appointment. BACKGROUND: KSA 75-5297. The Community Corrections Advisory Board deals with adult offenders in community corrections, and develops the annual community corrections comprehensive plan. As a statutory board, the Mayor nominates the members. Statutory boards are not required to submit a Statement of Substantial Interest form. BUDGETARY IMPACT: NA SOURCE OF FUNDING: NA ATTACHMENTS: No Attachments Available Item #6  A Capital City Government Working For You… www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 September 27, 2007 Back Print DATE: October 16, 2007 CONTACT PERSON: Celeste Benton DOCUMENT #: SECOND PARTY/SUBJECT: Community Corrections PROJECT #: Advisory Board CATEGORY/SUBCATEGORY 006 Communication / 003 Requests CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: A COMMUNICATION recommending the re-appointment of Lazone Grays to the Community Corrections Advisory Board for a term that would expire on October 31, 2009. (Council District No. 1) POLICY ISSUE: N/A STAFF RECOMMENDATION: The Mayor is recommending the re-appointment of Lazone Grays, 332 SW Topeka Blvd. #1, to the Community Corrections Advisory Board for a two year term that will end October 31, 2009. There is no official attendance policy. Mr. Grays has been absent twice during his appointment. BACKGROUND: KSA 75-5297. The Community Corrections Advisory Board deals with adult offenders in community corrections, and develops the annual community corrections comprehensive plan. As a statutory board, the Mayor nominates the members. Statutory boards are not required to submit a Statement of Substantial Interest form. BUDGETARY IMPACT: NA SOURCE OF FUNDING: NA 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 September 19, 2007 Back Print DATE: October 16, 2007 CONTACT PERSON: Celeste Benton DOCUMENT #: SECOND PARTY/SUBJECT: Community Corrections PROJECT #: Advisory Board CATEGORY/SUBCATEGORY 006 Communication / 003 Requests CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: A COMMUNICATION recommending the re-appointment of Ted Heim to the Community Corrections Advisory Board for a term that would expire on October 31, 2009. (Council District No. 6) POLICY ISSUE: NA STAFF RECOMMENDATION: The Mayor is recommending the re-appointment of Ted Heim, 1518 SW Jewell to the Community Corrections Advisory Board for a two year term that will end October 31, 2009. There is no official attendance policy. Mr. Heim has been absent four times during his appointment. BACKGROUND: KSA 75-5297. The Community Corrections Advisory Board deals with adult offenders in community corrections, and develops the annual community corrections comprehensive plan. As a statutory board, the Mayor nominates the members. Statutory boards are not required to submit a Statement of Substantial Interest form. BUDGETARY IMPACT: NA SOURCE OF FUNDING: NA 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 September 26, 2007 Back Print DATE: October 16, 2007 CONTACT PERSON: Celeste Benton DOCUMENT #: SECOND PARTY/SUBJECT: Jayhawk Area Agency on PROJECT #: Aging Advisory Council CATEGORY/SUBCATEGORY 006 Communication / 003 Requests CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: A COMMUNICATION recommending the appointment of Beverly Cushinberry to the Jayhawk Area Agency on Aging Advisory Council for a term that would expire on September 30, 2010. (Council District No. 3) POLICY ISSUE: N/A STAFF RECOMMENDATION: The Mayor is recommending the appointment of Beverly Cushinberry, 3100 SE Bryant St., to the Jayhawk Area Agency on Aging Advisory Council for a three-year term that would end September 30, 2010. The Jayhawk Area Agency on Aging Advisory Council is a statutory board and requires that nominees come from the Mayor with approval by the City Council. BACKGROUND: KSA 75-5926 et seq and Ordinance 18382. The Jayhawk Area Agency on Aging Advisory Council is a statutory board that advises the Jayhawk Area Agency on Aging Board of Directors concerning policies and programs that affect older citizens in Douglas, Jefferson and Shawnee counties, and promotes the ability of older citizens to secure and maintain independence and dignity in their community. BUDGETARY IMPACT: N/A SOURCE OF FUNDING: N/A ATTACHMENTS: Cushinberry Bio - JAAA Item #9  Attachment number 1 Page 1 of 1 Beverly Cushinberry 3100 SE Bryant Topeka, Kansas 66605 785-266-4658 I have been a life long resident of Topeka. I was raised in Central Topeka, attended Lowman Hill Elementary School, Boswell Junior High and graduated from Topeka High in 1970.I then went to work for Southwestern Bell Telephone as it was called then. I worked for them for 28 years and retired in 1998. I was a Girl Scout as a young lady also took piano lessons. Since graduation from Topeka High I have been involved in various groups such as being the president of the Black Women’s Network. Was a member of Golden City Sertoma’s for a short while. I am the Assistant Secretary for the Topeka Branch of the NAACP at the present. I belong to Asbury Mt. Olive United Methodist Church of which I have been a member since I was 10 years old. I have three younger sisters, one who works for AT&T, one who works for SRS – State of Kansas and my youngest sister who resides in Colorado Springs, Colorado. In January 2005 I decided to go back to school I am presently enrolled in the Bachelor’s program for Legal Studies at Washburn University as a junior. I also work part time at my Church as the Administrative Assistant  A Capital City Government Working For You… www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 September 21, 2007 Back Print DATE: October 16, 2007 CONTACT PERSON: Bill Fiander/David Thurbon DOCUMENT #: SECOND PARTY/SUBJECT: Monarch Meadow PROJECT #: P07/31 Subdivision No. 4 CATEGORY/SUBCATEGORY 017 Plats/002 Final CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: A FINAL PLAT for Monarch Meadow Subdivision No. 4 located south of SW 41st Street and west of SW Lincolnshire Road between SW 41st Street and SW Monarch Court in the City of Topeka, Shawnee County, Kansas.(P07/31) (The Planning Commission recommended approval by a vote of 6-0-0.)(The Planning Department recommended approval.) (The proposal would adjust the lot lines of previously platted lots and decrease the number of lots from 8 to 7.) POLICY ISSUE: Consistent with the City of Topeka Subdivision Regulations. STAFF RECOMMENDATION: The Planning Commission recommended that the final plat phase of Monarch Meadow Subdivision No. 4 be APPROVED by a vote of 6-0-0 at their September 17, 2007 meeting as referenced in their attached minutes. The Planning Department recommended that this request be APPROVED as referenced in the attached staff report. BACKGROUND:
See attached Staff Report.
City Council options:  Accept the plat as presented for recording by the Shawnee County Register of Deeds.  Reject the plat so it would not be eligible for recording by the Shawnee County Register of Deeds BUDGETARY IMPACT: N/A SOURCE OF FUNDING: N/A Item #10 ATTACHMENTS: Staff Report Plat Aerial Planning Commission Minutes Item #10  Attachment number 1 Page 1 of 3 September 17, 2007 Agenda Item #G-4 SUBDIVISION REPORT (Major Plats) CITY OF TOPEKA PLANNING DEPARTMENT Preliminary Plat Phase Preliminary and Final Plat Phase Final Plat Phase NAME: Monarch Meadow Subdivision No. 4 - [P07/31] OWNER/DEVELOPER: Maxim, L.L.C. ENGINEER/SURVEYOR: Schmidt Engineering & Surveying, L.L.C. GENERAL LOCATION: South of SW 41st Street and west of SW Lincolnshire Road between SW 41st Street and SW Monarch Court. PARCEL ID NUMBERS: 1442004005003000, 1442004005004000, 1442004005005000, 1442004005006000, 1442004005007000, 1442004005008000, 1442004005009000, 1442004005010000. JURISDICTION: Class "A" subdivision within the City of Topeka. ANNEXATION: N/A. Area # of Lots Density Proposed Land Use Zoning * 2.09 acres 7 3.35 units/acre Single-Family "R-1" Single-Family Residential Dwelling District *Pending Zoning Case: N/A Design: The subject plat contains 2.09 acres, more or less and is irregular in shape, measuring approximately 330.40′ x 396.72′ with its greatest length running perpendicular to SW 41st Street. The proposal is a replat of Lots 3-10 Block "A" Monarch Meadow Subdivision. This replatting will reduce the total number of lots by one from that approved by the final plat of Monarch Meadow Subdivision resulting in larger lots to better accommodate placement of single family dwellings. In addition, the replat will dedicate of a 7’ utility easement along the north boundary of proposed Lots 1 and 2, a waterline easement along SW Monarch Court and a 39' storm water drainage and utility easement across the lots as indicated on the plat. The plat will result in a single block 7-lot subdivision for single-family residential dwellings. SERVICES AND FACILITIES: 1. WATER SERVICE: The development is to be serviced by the City of Topeka public water supply and Page 1 of 3 Monarch Meadow Subdivision No. 4  Attachment number 1 Page 2 of 3 September 17, 2007 Agenda Item #G-4 distribution system by means of connection to an existing 6" water main located along SW Monarch Court, with all water connections to be at developer expense. 2. SEWAGE DISPOSAL: The development is to be serviced by the City of Topeka public wastewater treatment plant and collection system by means of connection to an existing 8" sewer main located along SW Monarch Court, with all sewer line connections to be at developer expense. 3. WASTEWATER PLAN SERVICE AREA: The property is located within the Urban Service Area as reflected by the Shawnee County Wastewater Management Plan; and the proposal appears to be in full compliance with said Plan. 4. DRAINAGE CONDITIONS: The drainage report as submitted by the Consultant to the City of Topeka Department of Public Works has been approved per memo dated September 4, 2007. 5. STREET PLAN/ACCESS: Each lot will take access from SW Monarch Court in accordance with preliminary street plans approved by the Shawnee County Public Works Department per memo dated March 17, 2003. 6. FIRE DISTRICT: City of Topeka Fire District. 7. STREAM BUFFER: N/A. 8. SCHOOL DISTRICT: U.S.D. 437 – Auburn/Washburn District. 9. PARKS/OPEN SPACE: No parkland is being dedicated. The current parkland development fee is calculated at $1,575. Based on 7 single-family dwelling units with each dwelling unit being assessed a fee of $225.00 per unit. WAIVER/VARIANCE TO STANDARDS: The applicant has requested and been granted a waiver of extension to have the Preliminary and Final Plats presented together. A Variance is requested to Section 134-142(a) due to all utilities serving the area already being in place or will be placed in easements at the rear of the lots making side lot line easements unnecessary. PUBLIC CAPITAL IMPROVEMENTS IN WHICH THE DEVELOPER ANTICIPATES REQUESTING THE GOVERNING BODY TO PARTICIPATE: None anticipated. CAPITAL IMPROVEMENT PLAN (CIP): There are currently no transportation projects in the City’s CIP (2006-2011) affecting this area. CONFORMANCE TO COMPREHENSIVE PLAN: The Comprehensive Plan establishes this area for Urban Suburban Low Density Residential land use. This subdivision will have full public services and therefore, is found compliant with the comprehensive plan. STAFF ANALYSIS: As proposed the overall subdivision design conforms to the established standards and provisions of the subdivision regulations relative to design criteria; and the design appears compatible with existing and planned conditions. Based upon the above findings and staff analysis, the Planning Department recommends the preliminary and final plat phases of Monarch Meadow Subdivision No. 4 be APPROVED subject to: Page 2 of 3 Monarch Meadow Subdivision No. 4  Attachment number 1 Page 3 of 3 September 17, 2007 Agenda Item #G-4 1. The Planning Commission granting the variance to the provisions of Code Section 134-142(a) waiving the side lot line public utility easement requirements since all utilities serving the area are currently in place or will be placed in easements at the rear of the lots making side lot line easements unnecessary. Prepared by: Dean W. Diediker Planner II Page 3 of 3 Monarch Meadow Subdivision No. 4 Attachment number 2 Page 1 of 1  SW 41st Street n ty City u Co C ou rt na rc h o SW M SW Li n City Limits c ol n eR s hi r oad 2006 Aerial : P07/31 Monarch Meadow Subdivision No. 4  Attachment number 4 Page 1 of 1 Minutes of the Topeka Planning Commission September 17, 2007 Monarch Meadows Subdivision No. 4 (Preliminary and Final Plat Phases)(P07/31) by Maxim, L.L.C. on property st located on the southside of SW 41st Street west of SW Lincolnshire Road between SW 41 Street and SW Monarch Court. (Diediker) Dean Diediker summarized the staff report. Proponents: Rick Schmidt, Schmidt Engineering, spoke in favor of the proposal. He said his client agrees with the staff report and he is available for questions. No one spoke in opposition to the proposal. Jim Brown moved approval as written by staff, seconded by Howard Blackmon. APPROVAL. (6-0-0) Draft 1 Draft  A Capital City Government Working For You… www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 September 4, 2007 Back Print DATE: October 16, 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 #11  A Capital City Government Working For You… www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 September 4, 2007 Back Print DATE: October 16, 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 #12  A Capital City Government Working For You… www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 October 1, 2007 Back Print DATE: October 16, 2007 CONTACT PERSON: David Thurbon/Bill Fiander DOCUMENT #: N/A SECOND PARTY/SUBJECT: Strathman Sales Co., Inc. PROJECT #: V07E/11 CATEGORY/SUBCATEGORY 014 Ordinances – Non-Codified / 006 Vacations CIP PROJECT: No ACTION OF COUNCIL: 10/09/07 First Reading. JOURNAL #: 07 PAGE #: DOCUMENT DESCRIPTION: A PUBLIC HEARING relating to vacation request V07E/11 by Stratham Sales Company, Inc., to vacate a platted utility easement in Jefferson Square Subdivision No. 2 located at the southwest corner of SE Quincy Street and SE Lakewood Boulevard, City of Topeka, Shawnee County, Kansas. AN ORDINANCE introduced by City Manager Norton N. Bonaparte, Jr., relating to the vacation of a platted utility easement in Jefferson Square Subdivision No. 2 located at the southwest corner of SE Quincy Street and SE Lakewood Boulevard, City of Topeka, Shawnee County, Kansas. Final Reading. (V07E/11) (Council District No. 3) (Approval would vacate a portion of a platted utility easement and establish a necessary sanitary sewer easement.) POLICY ISSUE: N/A. 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 owner wishes to expand the existing building into the area dedicated as utility easement.
A sanitary sewer easement will be retained. The ordinance reflects retention of the sewer easement.
Approval of the vacation should not be construed to imply support for existing or subsequent land development. BUDGETARY IMPACT: N/A. SOURCE OF FUNDING: Item #13 N/A. ATTACHMENTS: Aerial Application Vicinity Map Public Improvement Easement Ordinance Legal Advertisement Check-off Page Item #13 Attachment number 1 Page 1 of 1 Attachment number 2 Page 1 of 3 Attachment number 2 Page 2 of 3 Attachment number 2 Page 3 of 3 Attachment number 4 Page 1 of 1  Attachment number 5 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 a platted utility easement located at the southwest corner of SE Quincy Street and SE Lakewood Boulevard in Jefferson Square Subdivision No. 2, City of Topeka, Shawnee County, Kansas. (V07E/11) (Council District No. 3) 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 Stratham Sales Co., Inc., as property owners, has been filed with the office of the City Clerk, requesting the vacation of the following described platted utility easement located within the City of Topeka, Shawnee County, Kansas: A utility easement in Block U, Jefferson Square Subdivision No. 2, City of Topeka, Shawnee County, Kansas, as recorded in Book 27, Page 24 at the office of the County Register of Deeds; more particularly described as follows: Beginning at the northeast corner of Lot 1, in said Block U; thence, coincident with the East line of said Lot 1, South 36 degrees 07 minutes 00 seconds West 124.75 feet; thence North 00 degrees 39 minutes 07 seconds East 163.13 feet to a point on the North line of said Lot 1; thence coincident with said North line, on a non-tangent curve to the left, said curve having a radius of 320.00 feet, a central angle of 12 degrees 55 minutes 51 seconds, and an arc length of 72.22 feet; thence, continuing along said North line, South 53 degrees 53 minutes 00 seconds East, to the point of beginning; containing 5,713 square feet, more or less. Section 2. That said petition has been duly published for two (2) consecutive weeks in a newspaper of general circulation and on October 16, 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 5 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 utility easement located within the City of Topeka, Kansas: A utility easement in Block U, Jefferson Square Subdivision No. 2, City of Topeka, Shawnee County, Kansas, as recorded in Book 27, Page 24 at the office of the County Register of Deeds; more particularly described as follows: Beginning at the northeast corner of Lot 1, in said Block U; thence, coincident with the East line of said Lot 1, South 36 degrees 07 minutes 00 seconds West 124.75 feet; thence North 00 degrees 39 minutes 07 seconds East 163.13 feet to a point on the North line of said Lot 1; thence coincident with said North line, on a non-tangent curve to the left, said curve having a radius of 320.00 feet, a central angle of 12 degrees 55 minutes 51 seconds, and an arc length of 72.22 feet; thence, continuing along said North line, South 53 degrees 53 minutes 00 seconds East, to the point of beginning; containing 5,713 square feet, more or less. Section 5. That the Council of the City of Topeka does hereby find that justice further requires the provision for a sanitary sewer 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: A utility easement in Block U, Jefferson Square Subdivision No. 2, City of Topeka, Shawnee County, Kansas, as recorded in Book 27, Page 24 at the office of the County Register of Deeds; more particularly described as follows: Beginning at the northeast corner of Lot 1, in said Block U; thence, coincident with the East line of said Lot 1, South 36 degrees 07 minutes 00 seconds West 124.75 feet; thence North 00 degrees 39 minutes 07 seconds East 163.13 feet to a point on the North line of said Lot 1; thence coincident with said North line, on a non-tangent curve to the left, said curve having a radius of 320.00 feet, a central angle of 12 degrees 55 minutes 51 seconds, and an arc length of 72.22 feet; thence, continuing along said North line, South 53 degrees 53 minutes 00 seconds East, to the point of beginning; containing 5,713 square feet, more or less. 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.  Attachment number 5 Page 3 of 3 Section 8. This ordinance shall take effect and be in force from and after its passage, approval and publication in the official city newspaper. 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 6 Page 1 of 1 Please have the attached published in the Topeka Metro News in the Legal Advertising Section on September 21, 2007 and again on September 28, 2007. IN THE MATTER OF THE PROPOSED VACATION OF: A utility easement located at the southwest corner of SE Quincy Street and SE Lakewood Boulevard in Jefferson Square Subdivision No. 2, City of Topeka, Shawnee County, Kansas. (V07E/11) (Council District No. 3) 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 Stratham Sales Co., Inc., owners of the concerned property, which includes a utility easement and praying that the easement located on said property, be vacated. The petition will be presented to the Council of the City of Topeka for hearing on October 16, 2007, 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 7 Page 1 of 1 STREET/ALLEY/EASEMENT/SUBDIVISION VACATION Case No.: V07E/11 Location: Southwest corner of SE Quincy Street and SE Lakewood Boulevard DEPARTMENTS: • Water Division: X No Objection ______ Objection • Engineering: No Objection X Objection Comments: There is at least a sanitary sewer in this easement. At the time of construction of the street in 1977, there was also a gas line and the south terminus of an overhead power line. • 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 Comments: The customer needs to realize if the cable to their building is in the way of construction, they would be responsible for charges to move it. • Westar: X No Objection __ __ Objection • Kansas Gas Service: X No Objection ______ Objection • Cox Communications: X No Objection ______ Objection Cindy Johnson, Planner I September 14, 2007  A Capital City Government Working For You… www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 October 1, 2007 Back Print DATE: October 16, 2007 CONTACT PERSON: Brenden J Long DOCUMENT #: SECOND PARTY/SUBJECT: Historic asset preservation PROJECT #: fund CATEGORY/SUBCATEGORY 013 Ordinances - Codified / 002 Administration CIP PROJECT: No ACTION OF COUNCIL: Deferred to Eco Devo JOURNAL #: Committee on 8/28/2007 PAGE #: DOCUMENT DESCRIPTION: AN ORDINANCE introduced by Deputy Mayor Brett Blackburn amending City of Topeka Code Section 2-331 concerning the expenditure of monies from the Historic Asset Preservation fund and specifically repealing said original section. Final Reading. (Deferred from the meeting of August 28, 2007.)(The Economic and Community Development Committee recommended approval by a vote of 3-0-0 on September 28, 2007.) (The amendment would restrict the expenditure of funds to the preservation of historic assets that provide a public heritage tourism benefit, and would specifically exclude expenditures on projects that are private or primarily commercial in nature.) POLICY ISSUE: Whether expenditures from the historic asset preservation fund should be limited to public assets, as opposed to public, private and commercial projects. STAFF RECOMMENDATION: BACKGROUND: Current ordinances allow these funds to be expended for "the acquisition, rehabilitation and preservation of historic landmarks or historic resources located within the city." The monies may be expended for any private, public or commercial assets that meet these requirements. The proposal would limit expenditures to public projects that represent "a public heritage tourism benefit." BUDGETARY IMPACT: None. SOURCE OF FUNDING: N/A Item #14 ATTACHMENTS: Ordinance Committee Referral Ordinance - Committee Amendments Item #14  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 Deputy Mayor Brett Blackburn amending City of Topeka 7 Code § 2-331 concerning the expenditure of monies from the historic 8 asset prevention fund and specifically repealing said original section. 9 10 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TOPEKA, KANSAS: 11 Section 1. Topeka City Code § 2-331, Historic asset preservation fund, is hereby 12 amended to read as follows: 13 Historic asset preservation fund. 14 There is hereby created in the city a special fund to be known as the historic asset 15 preservation fund. Monies from the city's general fund, community block grant funds or 16 funds from any other source legally available for such purpose shall be credited to this 17 special fund. Monies so credited may be expended, upon approval by the city manager for 18 the acquisition, rehabilitation and preservation of historic landmarks or historic resources of 19 a public heritage tourism benefit located within the city. Monies shall not be expended on 20 projects that are private or primarily commercial in nature. 21 Section 2. Original City of Topeka Code § 2-331 is hereby specifically repealed. 22 Section 3. This ordinance shall take effect and be in force after its passage, 23 approval and publication in the official city newspaper. 24 PASSED and APPROVED by the City Council . 25 CITY OF TOPEKA, KANSAS 26 27 28 29 ATTEST: William W. Bunten, Mayor 30 31 32 ____________________________ 33 Brenda Younger, City Clerk BORD\Historic Asset Preservation Fund 6/21/07 1  Attachment number 2 Page 1 of 1 COMMITTEE REFERRAL SHEET COMMITTEE REPORT Name of Committee: Economic and Community Development Referred by City Council August 28, 2007 at Council meeting: Date referred from Committee: September 28, 2007 Title: Ordinance concerning the expenditure of monies from the historic asset preservation fund Committee Action Blackburn moved to approve the ordinance as amended. Motion approved 3-0 Comments: N/A Amendments: To be provided by City Attorney Members of Committee: Lana Kennedy-Chair, Brett Blackburn, Deborah Swank Agenda Date Requested: Per City Manager  Attachment number 3 Page 1 of 2 Economic Development Committee amendments New Language – double underline Deleted Language – double strikeout 1 (Published in the Topeka Metro News ) 2 3 4 ORDINANCE NO. 5 6 AN ORDINANCE introduced by Deputy Mayor Brett Blackburn amending City of Topeka 7 Code § 2-331 concerning the expenditure of monies from the historic 8 asset preservation fund and specifically repealing said original 9 section. 10 11 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TOPEKA, KANSAS: 12 Section 1. Topeka City Code § 2-331, Historic asset preservation fund, is hereby 13 amended to read as follows: 14 Historic asset preservation fund. 15 There is hereby created in the city a special fund to be known as the historic asset 16 preservation fund. Monies from the city's general fund, community block grant funds or 17 funds from any other source legally available for such purpose shall be credited to this 18 special fund. Monies so credited may be expended, upon approval by the city manager for 19 the acquisition, rehabilitation and preservation of historic landmarks or historic resources of 20 a public heritage tourism benefit located within the city. Monies shall not be expended on 21 projects that are private or primarily commercial in nature. Monies deposited into this fund 22 from the transient guest tax shall be expended only on projects of a public heritage tourism 23 benefit located within the city and shall not be expended on projects that are private or 24 primarily commercial in nature, unless open or intended to be open to the public on a 25 regularly scheduled basis. Projects funded by transient guest tax funds shall be subject to 26 the review and recommendation of a committee consisting of the following members: 27 a. Two members of the Landmarks Commission, 28 b. Two members of the Topeka Tourism Alliance, and BORD\Historic Asset Preservation Fund 09/28/07 1 As amended by committee  Attachment number 3 Page 2 of 2 Economic Development Committee amendments New Language – double underline Deleted Language – double strikeout 29 c. Three members of the Topeka and Shawnee County Area “Freedom’s 30 Frontier” Heritage Tourism Alliance. 31 The expenditure recommendations of this committee shall be forwarded to the City Council 32 Transient Guest Tax committee for final approval of the expenditures. 33 Section 2. Original City of Topeka Code § 2-331 is hereby specifically repealed. 34 Section 3. This ordinance shall take effect and be in force after its passage, 35 approval and publication in the official city newspaper. 36 PASSED and APPROVED by the City Council . 37 CITY OF TOPEKA, KANSAS 38 39 40 41 ATTEST: William W. Bunten, Mayor 42 43 44 ____________________________ 45 Brenda Younger, City Clerk BORD\Historic Asset Preservation Fund 09/28/07 2 As amended by committee  A Capital City Government Working For You… www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 September 19, 2007 Back Print DATE: October 16, 2007 CONTACT PERSON: Mike Teply/Shawn Bruns DOCUMENT #: SECOND PARTY/SUBJECT: SE California Ave - SE 21st PROJECT #: 70142-02 to SE 29th Street CATEGORY/SUBCATEGORY 006 Communication / 005 Other CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: A COMMUNICATION authorizing the City Manager to solicit bids and award the construction contract for Trafficway Improvement Project 70142-02 located on SE California Avenue between SE 21st Street and SE 29th Street. (Council District No. 4) (Approval would allow for the award of the construction contract for the project.) POLICY ISSUE: N/A STAFF RECOMMENDATION: Approve the Communication. BACKGROUND: At the June 26, 2007 City Council meeting the Council passed a motion directing the City Manager to delay the solicitation of bids on the SE California Project between SE 21st and SE 29th Streets until directed to proceed by the City Council. The project provides for the construction of sidewalks along the west side of SE California Avenue between SE 21st Street and SE 29th Street and median work at SE 25th Street. BUDGETARY IMPACT: The total amount of the project budget for construction is $325,000.00 which was approved by Ordinance 18620 effective April 26, 2006. SOURCE OF FUNDING: G.O. Bonds Project included in the adopted 2006 Capital Improvement Budget. Item #15 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 October 3, 2007 Back Print DATE: October 16, 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 September 24, 2007, through September 30, 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 September 24, 2007, through September 30, 2007, in the amount of $5,583,854.50. SOURCE OF FUNDING: Appropriated funds and fees-for-service revenues of various City departments. ATTACHMENTS: Weekly Expenditures for Week Ending September 30, 2007 Item #16  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 September 24, 2007, 8 through September 30, 2007, and enumerating said expenditures 9 herein. 10 11 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TOPEKA, KANSAS: 12 Section 1. All expenditures made or authorized to be made by issuance of checks 13 or electronic transfers as enumerated herein, are in accordance with City of Topeka 14 Resolution No. 7607. 15 Section 2. The claims and expenditures listed in Exhibit A, which is on file in the 16 City Council Office and the City Clerk’s Office and incorporated herein by said reference, 17 are hereby allowed and approved for payment. 18 Section 3. Total for 455 vendor checks written in this period $2,218,595.18 19 Total vendor checks voided in this period (net) (0.00) 20 Total electronic transfers to vendors in this period 721,207.55 21 Total net payroll to employees this period 1,618,718.90 22 Total payroll related electronic transfers this period 1,025,332.87 23 Total for expenditures in this period $5,583,854.50 24 Section 4. This ordinance shall take effect and be in force after its passage, 25 approval and publication in the official city newspaper. 26 PASSED and APPROVED by the City Council . 27 28 29 ATTEST: William W. Bunten, Mayor 30 31 32 ____________________________ 33 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 September 4, 2007 Back Print DATE: October 16, 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  A Capital City Government Working For You… www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 September 4, 2007 Back Print DATE: October 16, 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 #18  A Capital City Government Working For You… www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 September 4, 2007 Back Print DATE: October 16, 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 #19  A Capital City Government Working For You… www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 September 4, 2007 Back Print DATE: October 16, 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 #20