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 14, 2008 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. To make arrangements for special accomodations please call 785-368-3940. A 48-hour advance notice is preferred. 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 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: "Lights On After School - YWCA" 2. PRESENTATIONS: "None scheduled at this time." 3. ROLL CALL: 4. CONSENT AGENDA: A. Resolution - St. John's Lutheran Church - Noise Exception ATTACHMENTS A RESOLUTION introduced by Councilmember Lana Kennedy granting St. John's Lutheran Church an exception to the provisions of City of Topeka Code Section 54-148 concerning noise prohibitions. (Council District No. 1) (The Oktoberfest event will take place during the hours of 11:00 a.m. and 3:00 p.m. on October 19, 2008.) B. Board Appointment - Jayhawk Area Agency on Aging Board of Directors ATTACHMENTS BOARD APPOINTMENT recommending the appointment of Marie Pyko to the Jayhawk Area Agency on Aging Board of Directors for a term that would expire on October 31, 2011. (Council District No. 6) C. MINUTES of the regular meeting of October 7, 2008 D. APPLICATIONS: 5. NEW BUSINESS: A. Ordinance - Weekly Expenditures - September 22-28, 2008 ATTACHMENTS AN ORDINANCE introduced by City Manager Norton N. Bonaparte, Jr., allowing and approving City expenditures for the period of September 22, 2008, through September 28, 2008, and enumerating said expenditures therein. First and Final Reading. B. License Cancellation/Suspension - Deep Pockets NOTIFICATION of cancellation/suspension of license for Deep Pockets located at 4310 SW 21st, City of Topeka, Kansas. This item was added at the meeting. (Pursuant to City of Topeka Code Section 30-121 the Chief of Police shall immediately report suspension of license to the Council.) 6. FIRST READINGS: A. Ordinance - Court Costs, Fees and Witness Expenses ATTACHMENTS AN ORDINANCE introduced by City Manager Norton N. Bonaparte, Jr., amending City of Topeka Code Sections 50-26 and 50-82 concerning court costs and fees and witness expenses and specifically repealing said original sections. First Reading. (Approval would provide the Municipal Court Judge with the authority and discretion to impose the cost of incarceration, court appointed attorney fees, warrant fees and other miscellaneous costs and expenses against persons charged and/or convicted in the Court. Approval would also clarify the core costs in the court and increase the amount paid to witnesses from $5.00 to $10.00 in an effort to offset increased costs in fuel and metered parking.) 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 September 30, 2008 Back Print DATE: October 14, 2008 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 30, 2008 Back Print DATE: October 14, 2008 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 30, 2008 Back Print DATE: October 14, 2008 CONTACT PERSON: DOCUMENT #: SECOND PARTY/SUBJECT: PROJECT #: CATEGORY/SUBCATEGORY CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: "Lights On After School - YWCA" 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 30, 2008 Back Print DATE: October 14, 2008 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 30, 2008 Back Print DATE: October 14, 2008 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 29, 2008 Back Print DATE: October 14, 2008 CONTACT PERSON: Lana Kennedy DOCUMENT #: SECOND PARTY/SUBJECT: Ed Klumpp PROJECT #: CATEGORY/SUBCATEGORY 020 Resolutions / 005 Miscellaneous CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: A RESOLUTION introduced by Councilmember Lana Kennedy granting St. John's Lutheran Church an exception to the provisions of City of Topeka Code Section 54-148 concerning noise prohibitions. (Council District No. 1) (The Oktoberfest event will take place during the hours of 11:00 a.m. and 3:00 p.m. on October 19, 2008.) POLICY ISSUE: None STAFF RECOMMENDATION: None BACKGROUND: Noise exception for a live band located at 901 SW Fillmore Street 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 Lana Kennedy, granting St. 4 John’s Lutheran Church an exception to the provisions of City 5 of Topeka 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, St. John’s Lutheran Church has requested that it be granted 17 an 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 St. John’s Lutheran Church, 20 the Council of the City of Topeka does hereby find that the requested activity 21 does 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 St. John’s Lutheran Church is hereby granted an exception from the 24 provisions of City of Topeka Code Section 54-148 for a live band and festivities COUNRES 1 Noise Exception-St. John’s Lutheran 09/29/08  Attachment number 1 Page 2 of 2 25 at the Oktoberfest celebration located at 901 SW Fillmore Street during the hours 26 of 11:00 a.m. and 3:00 p.m. on October 19, 2008. 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 Noise Exception-St. John’s Lutheran 09/29/08  A Capital City Government Working For You… www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 September 17, 2008 Back Print DATE: October 14, 2008 CONTACT PERSON: Celeste Benton DOCUMENT #: SECOND PARTY/SUBJECT: Jayhawk Area Agency on PROJECT #: Aging Board of Directors CATEGORY/SUBCATEGORY 006 Communication / 003 Requests CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: BOARD APPOINTMENT recommending the appointment of Marie Pyko to the Jayhawk Area Agency on Aging Board of Directors for a term that would expire on October 31, 2011. (Council District No. 6) POLICY ISSUE: N/A STAFF RECOMMENDATION: The Mayor is recommending the appointment of Marie Pyko, 1364 SW Collins Ave., to the Jayhawk Area Agency on Aging Board of Directors for a three year term that will end October 31, 2011. The board is a statutory board wherein the Mayor nominates and the Council approves. BACKGROUND: KSA 75-5926 et seq. The Jayhawk Area Agency on Aging Board of Directors is a statutory board that advises the agency 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. The Board of Directors governs the agency and is responsible for ensuring that the agency operates within the Federal, State and local laws. From and after July 2, 2008, any appointment to any board, commission, advisory group or other body made by the mayor of any city which is subject to approval of the governing body of the city must be acted upon by the governing body within 45 days of the appointment by the mayor or the appointment shall be deemed approved. The governing body of the city shall approve such appointment unless the governing body makes a specific finding by the passage of a resolution that the person is either unqualified to hold the office or is not fit to hold the office or the position. BUDGETARY IMPACT: N/A Item #7 SOURCE OF FUNDING: N/A ATTACHMENTS: Pyko Bio - JAAA Item #7  Attachment number 1 Page 1 of 1 Biography Of Marie Pyko Marie Pyko is the Public Services Manager at the Topeka and Shawnee County Public Library where she oversees Adult Services and Programs and Youth Services. Marie holds a Master’s of Library Science from Emporia State University and a Bachelor’s Degree in Psychology from Wayne State University with an emphasis in lifelong human development and aging. She is involved in local and national initiatives for libraries. For the past three years, Marie has been the chair of the community wide reading initiative with the National Endowment for the Arts The Big Read. She has spoken with numerous groups locally and nationally about the importance of reading for adults and has presented testimony before the Congressional Appropriations Subcommittee in Washington, DC. Prior to her position as Public Service Manager, Marie managed the Red Carpet Services Outreach Program for eight years where she coordinated library services to older adults either in retirement communities or in their own home. She spoke at several national library conventions on the importance of library services to an aging population. Marie is the Treasurer for the Kansas Library Association, serves on the Action Team for the Kansas Discovery Center, the children’s museum in Topeka and is a member of the Downtown Rotary.  A Capital City Government Working For You… www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 September 30, 2008 Back Print DATE: October 14, 2008 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 September 30, 2008 Back Print DATE: October 14, 2008 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 #9  A Capital City Government Working For You… www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 September 29, 2008 Back Print DATE: October 14, 2008 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 22, 2008, through September 28, 2008, 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 22, 2008, through September 29, 2008, in the amount of $4,598,048.67. SOURCE OF FUNDING: Appropriated funds and fees-for-service revenues of various City departments. ATTACHMENTS: Weekly Expenditures 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 September 22, 2008, 8 through September 28, 2008, 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 1760 vendor checks written in this period $1,944,337.58 19 Total vendor checks voided in this period (net) (181,851.66) 20 Total electronic transfers to vendors in this period 205,764.22 21 Total net payroll to employees this period 1,609,376.42 22 Total payroll related electronic transfers this period 1,020,422.11 23 Total for expenditures in this period $4,598,048.67 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 October 10, 2008 Back Print DATE: October 14, 2008 CONTACT PERSON: Ron Miller DOCUMENT #: SECOND PARTY/SUBJECT: Police Chief PROJECT #: CATEGORY/SUBCATEGORY 006 Communication / 005 Other CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: NOTIFICATION of cancellation/suspension of license for Deep Pockets located at 4310 SW 21st, City of Topeka, Kansas. This item was added at the meeting. (Pursuant to City of Topeka Code Section 30-121 the Chief of Police shall immediately report suspension of license to the Council.) POLICY ISSUE: The license(s) may be reinstated or cancelled by the Council, and the Council may receive any information other than that furnished by the Chief of Police, or the Council may order the Chief of Police to make further investigation before acting on the matter of the cancellation of the license(s). 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 26, 2008 Back Print DATE: October 14, 2008 CONTACT PERSON: Steven R. Ebberts DOCUMENT #: SECOND PARTY/SUBJECT: Court costs and fees and PROJECT #: witness expenses CATEGORY/SUBCATEGORY 013 Ordinances - Codified / 050 Courts CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: AN ORDINANCE introduced by City Manager Norton N. Bonaparte, Jr., amending City of Topeka Code Sections 50-26 and 50-82 concerning court costs and fees and witness expenses and specifically repealing said original sections. First Reading. (Approval would provide the Municipal Court Judge with the authority and discretion to impose the cost of incarceration, court appointed attorney fees, warrant fees and other miscellaneous costs and expenses against persons charged and/or convicted in the Court. Approval would also clarify the core costs in the court and increase the amount paid to witnesses from $5.00 to $10.00 in an effort to offset increased costs in fuel and metered parking.) POLICY ISSUE: The policies to be considered with passage of this ordinance primarily include, but are not limited to, the assessment of costs to offenders adjuticated in the City of Topeka Municipal Court. STAFF RECOMMENDATION: Passage and approval of ordinance. BACKGROUND: This proposal stems from many discussions and requests by and between members of the City Council, the City Manager and Administration to impose more costs against persons either adjudicated guilty or charged in Municipal Court. It also reflects a change in State law authorizing courts to impose the costs of processing license reinstatement fees against defendants. Moreover, due to some complaints from the public, the proposal reflects a change in the printed structure of costs in the City ordinance in an effort to offer a more user friendly explanation of the court costs and fee structure. Finally it increases fees to assist witnesses with the rising costs associated with fuel and meter parking. BUDGETARY IMPACT: Itemcourt The majority of this ordinance is revenue and expense neutral because there are no changes to the basic #12 costs (the “grid”). Moreover, the proposal primarily codifies current court practices and assessments. Thus, there is little change with regard to revenue for all items except the aforementioned suspension processing fee and incarceration expense. This cost has been anticipated in the Court’s budget for 2009. There would likely be an increase in revenue to the general fund relating to the assessment of incarceration expense and the license suspension processing fee, but the revenue is expected to be less than $100,000. There will be an increase in expenditures from the Court’s budget to cover the costs of increased witness fees in the amount of approx. $3000. SOURCE OF FUNDING: Please refer to the Budgetary Impact and Background narratives immediately above with regard to source of funding for witness fees. ATTACHMENTS: Ordinance Item #12  Attachment number 1 Page 1 of 6 1 (Published in the Topeka Metro News _______________________________________) 2 3 ORDINANCE NO. _____________ 4 5 AN ORDINANCE introduced by City Manager Norton N. Bonaparte, Jr., amending 6 City of Topeka Code § 50-26 and § 50-82 concerning court costs 7 and fees and witness expenses and specifically repealing said 8 original sections. 9 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TOPEKA, KANSAS: 11 12 Section 1. That section 50-26, Court costs and fees, of The Code of the City of 13 Topeka, Kansas, is hereby amended to read as follows: 14 Court costs and fees. 15 The following costs and fees shall be chargedmay be charged in the municipal 16 court: 17 (1) Mandatory Costs. Unless otherwise prohibited by City ordinance or 18 Kansas law, persons who plead no contest, plead guilty, or defendants who are 19 convicted shall be assessed costs for the administration of justice in any municipal court 20 case, includingas follows: 21 a. Each case, except as described in subsection b. without regard to 22 the number of counts . . . $61.00 23 b. Each criminal misdemeanor case equivalent to an A or B 24 misdemeanor as defined by state law or a misdemeanor defined by city 25 ordinance . . . 128.00 26 (2) For mileage, subpoena and witness costs for defense witnesses: 27 a. Per day or any part thereof for an appearance . . . 5.00 28 b. Plus, per mile actually driven over ten (10) miles (Reimbursement 29 consistent with Internal Revenue Service allowed rate) BORD/SubpoenaWitnessCosts 10/1/08 1  Attachment number 1 Page 2 of 6 30 (3) For mileage driven by a law enforcement officer to serve a subpoena or 31 warrant or to transport a person arrested or detained in the state under a warrant issued 32 by the municipal court, per mile actually driven over ten (10) miles outside the city limits 33 (Reimbursement consistent with Internal Revenue Service allowed rate) 34 (4) For each warrant issued . . . 25.00 35 (5) State mandated fees: 36 a. Judicial branch education fund (K.S.A. 12-4116 and 37 amendments thereto): Each case, without regard to the number of counts, 38 shall be assessed an amount fixed by order of the state supreme court. 39 Funds collected pursuant to this assessment shall be distributed as 40 required by state law. 41 b. Local law enforcement funds, (as required by state law): 42 Each case, without regard to the number of counts, charging a criminal or 43 public offense or charging an offense defined as a moving traffic offense 44 pursuant to state law shall be assessed an amount fixed by state law. 45 Funds collected shall be distributed as required by state law. 46 (6) Crime prevention fund . . . 3.50 47 (7) Police Department Equipment Fund . . . 5.00 Description Traffic – Parking Traffic – Class A or B Adult Moving Violations Non- Misdemeanors or Seatbelt Violations & moving Class C Assault Violations Other Infractions Judicial Education Fund .50 .50 .50 Local Law Enforcement 1.00 1.00 BORD/SubpoenaWitnessCosts 10/1/08 2  Attachment number 1 Page 3 of 6 Training Fund Law Enforcement 11.50 11.50 Center Training Fund Commission on Peace Officer 2.50 2.50 Standards and Training Fund Juvenile Detention 2.00 2.00 Facility Protection From Abuse Fund .50 .50 Crime Victims Assistance Fund .50 .50 Trauma Fund 1.00 1.00 Crime Prevention Fund 3.50 3.50 3.50 3.50 Seatbelt None General Fund 43.00 62.50 62.00 110.00 TOTAL 66.00 66.00 66.00 133.00 -0- 48 49 (2) Additional Costs. In addition, defendants who are convicted may be 50 assessed the following costs: 51 A. Warrant Fees 52 For each warrant issued, unless waived for good cause by the 53 judge . . . $25.00 54 B. Incarceration Expenses 55 Unless waived for good cause by the judge, a fee for incarceration BORD/SubpoenaWitnessCosts 10/1/08 3  Attachment number 1 Page 4 of 6 56 expenses shall be assessed against a defendant in each case in which 57 said defendant is incarcerated pursuant to an order of the municipal court 58 judge. The incarceration fee referenced in this subsection shall be 59 determined by multiplying the then current daily rate of incarceration 60 charged to the City of Topeka by Shawnee County Department of 61 Corrections by the numbers of days actually served by the defendant. 62 C. Court Appointed Attorneys 63 Unless waived or reduced for good cause by the judge, court 64 appointed attorney fees shall be assessed by the court against a 65 defendant in each case in which a municipal court judge appoints counsel 66 for said defendant. 67 D. Mileage. Mileage, subpoena and witness costs for defense 68 witnesses shall be as set forth in § 50-82 of this code. 69 E. Miscellaneous Fees and Costs 70 Additional costs and fees may be assessed by the municipal court 71 for service of process, for transcripts and depositions, commission on 72 collections and credit/debit card transaction fees. 73 (83) Except as provided herein, the judge or clerk of the municipal court shall 74 remit at least monthly the appropriate assessments received pursuant to this section as 75 required by state law, supreme court order or City of Topeka ordinance. 76 (94) For the purpose of determining the amounts to be assessed according to 77 this section, if more than one (1) complaint is filed against one (1) individual arising out 78 of the same incident, all such complaints shall be considered as one (1) case. BORD/SubpoenaWitnessCosts 10/1/08 4  Attachment number 1 Page 5 of 6 79 Section 2. That section 50-82, Subpoenas; witnesses’ expenses; abuse of 80 subpoenas, costs, of The Code of the City of Topeka, Kansas, is hereby amended by to 81 read as follows: 82 Subpoenas; witnesses' expenses; abuse of subpoenas, costs. 83 All parties shall be entitled to the use of subpoenas to compel attendance of 84 witnesses within the state. The municipal judge or clerk shall issue a subpoena which 85 may be served by any law enforcement officer, the city attorney or an assistant city 86 attorney, the municipal judge, or the clerk of the municipal court upon the named 87 person. Disobedience may constitute contempt. 88 Fees and mileage of witnesses shall be $2.50 $10.00 per day or any part thereof 89 for an appearance and $0.10reimbursement per mile actually driven over ten miles. 90 Said mileage reimbursement rate shall be consistent with the then current Internal 91 Revenue Service allowed rate. The fees and mileage for the attendance of witnesses 92 shall be borne by the party calling the witness, excluding City police officers who are 93 exempt from receiving witness fees pursuant to this provision, except that if an accused 94 person is found not guilty, the city shall pay all such expenses: Provided, the municipal 95 judge may direct that fees and mileage of witnesses subpoenaed by the accused 96 person be charged against such person, if the judge finds that there has been an abuse 97 of the use of subpoenas by the accused person. 98 Section 3. That original § 50-26 and § 50-82 of the Code of the City of 99 Topeka, Kansas, are hereby specifically repealed. 100 Section 4. This ordinance shall take effect and be in force from and after its 101 passage, approval and publication in the official City newspaper. BORD/SubpoenaWitnessCosts 10/1/08 5  Attachment number 1 Page 6 of 6 102 103 PASSED AND APPROVED by the City Council __________________________. 104 105 106 CITY OF TOPEKA, KANSAS 107 108 109 110 __________________________________ 111 William W. Bunten, Mayor 112 113 ATTEST: 114 115 116 117 ____________________________ 118 Brenda Younger, City Clerk BORD/SubpoenaWitnessCosts 10/1/08 6  A Capital City Government Working For You… www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 September 30, 2008 Back Print DATE: October 14, 2008 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 #13  A Capital City Government Working For You… www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 September 30, 2008 Back Print DATE: October 14, 2008 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 September 30, 2008 Back Print DATE: October 14, 2008 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 September 30, 2008 Back Print DATE: October 14, 2008 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