City Council Meeting

A Capital City Serving You www.topeka.org City Council Agenda City Council Chambers 214 SE 8th Street Topeka, Kansas 66603 December 6, 2011 6:00 PM Mayor: William W. Bunten Councilmembers Karen A. Hiller District No. 1 Chad Manspeaker District No. 6 John Alcala District No. 2 Robert E. Archer District No. 7 Sylvia E. Ortiz District No. 3 Andrew P. Gray District No. 8 Denise Everhart District No. 4 Richard Harmon District No. 9 Larry Wolgast District No. 5 Interim City Manager: Daniel R. Stanley 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) consecutive minutes of public address on a particular agenda item. Debate, question/answer dialogue or discussion between Councilmembers will not be counted towards the four (4) minute time limitation. The Chair may extend time with the unanimous consent of the Council or the Council by affirmative vote of five (5) members may extend the four (4) minute limitation. Persons will be limited to addressing the City Council one (1) time on a particular matter unless otherwise allowed by an affirmative vote of five (5) members of the City Council. Citizens wishing to offer Public Comment may sign up by phoning the City Clerk’s office at 368-3940. To make arrangements for special accommodations 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: "None scheduled at this time." 2. PRESENTATIONS: "None scheduled at this time." 3. ROLL CALL: 4. CONSENT AGENDA: A. Board Appointment - Downtown Business Improvement District Advisory Board BOARD APPOINTMENT recommending the re-appointment of Gary Yager to the Downtown Business Improvement District Advisory Board for a term ending December 31, 2013. (Downtown Business Representative) B. Board Appointment - Downtown Business Improvement District Advisory Board BOARD APPOINTMENT recommending the re-appointment of Jim Parrish to the Downtown Business Improvement District Advisory Board for a term ending December 31, 2013. (Downtown Business Representative) C. Workers' Compensation Settlement - Donald Fincham APPROVAL of Workers' Compensation Settlement for Water Pollution Control (WPC) employee, Donald Fincham, in the amount of $24,868.58, for permanent partial impairment of his cervical spine from injuries suffered in a lifting incident of April 10, 2008. (Approval would authorize payment of that amount as full and final settlement of the underlying claim.) D. MINUTES of the regular meeting of November 29, 2011 E. APPLICATIONS: 5. UNFINISHED BUSINESS: A. Ordinance - Alcohol License Permit Fees ATTACHMENTS AN ORDINANCE introduced by Interim City Manager Daniel R. Stanley, amending City of Topeka Code Sections 5.10.020 and 9.15.300, concerning alcohol sales and tax and specifically repealing said original sections. Final Reading. (Approval would change the current occupation tax from an annual to a biennial payment.)  B. Ordinance - Fireworks ATTACHMENTS AN ORDINANCE introduced by Councilmembers Karen Hiller, Sylvia Ortiz and Richard Harmon, sitting as the Public Health and Safety Committee, amending City of Topeka Code Section 8.35.070 concerning fireworks and specifically repealing said original section. Final Reading. (Approval would reduce the number of days consumer fireworks may be sold and discharged within the City of Topeka and ban the discharge of fireworks in certain circumstances.) C. Ordinance - Parks and Recreation and Golf Course Advisory Boards ATTACHMENTS AN ORDINANCE introduced by Interim City Manager Daniel R. Stanley, concerning the Parks and Recreation and Golf Course Advisory Boards, amending City of Topeka Code Section 2.05.010 and specifically repealing said original section as well as repealing Sections 2.90.010 through 2.90.080 and Sections 11.30.050 through 11.30.120. Final Reading. (Approval would repeal City Code provisions concerning the Parks and Recreation and Golf Course Advisory Boards that are no longer needed due to the consolidation of the Parks and Recreation Departments of the City and County.) 6. NEW BUSINESS: A. Applications - Retail Cereal Malt Beverage License APPROVAL of Retail Cereal Malt Beverage License Applications. Voting Requirement: Majority of the Governing Body, including the Mayor. (Pursuant to K.S.A. 41-2702 application for license must be approved by the Governing Body prior to the issuance of the license.) 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 October 25, 2011 Back Print DATE: December 6, 2011 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 October 25, 2011 Back Print DATE: December 6, 2011 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 October 25, 2011 Back Print DATE: December 6, 2011 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 October 25, 2011 Back Print DATE: December 6, 2011 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 October 25, 2011 Back Print DATE: December 6, 2011 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 November 7, 2011 Back Print DATE: December 6, 2011 CONTACT PERSON: Mayor Bunten DOCUMENT #: SECOND PARTY/SUBJECT: Downtown Business PROJECT #: Improvement District Advisory Board CATEGORY/SUBCATEGORY 006 Communication / 003 Requests CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: BOARD APPOINTMENT recommending the re-appointment of Gary Yager to the Downtown Business Improvement District Advisory Board for a term ending December 31, 2013. (Downtown Business Representative) POLICY ISSUE: N/A STAFF RECOMMENDATION: Mayor Bunten is recommending the re-appointment of Gary Yager to the Downtown Business Improvement District Advisory Board. There is no official attendance policy, however there have been seven meetings, and Mr. Yager has one absence. BACKGROUND: KSA 12-1781 et seq. This is a statutory board wherein the Mayor recommends the nominee and Council has final approval. Nominees must be representatives of the businesses located within the district. The advisory board submits a recommendation to the Council of programs and services within the district, and submits a proposed schedule of fees for assessment on the businesses in the district and may recommend consideration of changes in the boundaries of the district. BUDGETARY IMPACT: N/A SOURCE OF FUNDING: N/A 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 November 7, 2011 Back Print DATE: December 6, 2011 CONTACT PERSON: Mayor Bunten DOCUMENT #: SECOND PARTY/SUBJECT: Downtown Business PROJECT #: Improvement District Advisory Board CATEGORY/SUBCATEGORY 006 Communication / 003 Requests CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: BOARD APPOINTMENT recommending the re-appointment of Jim Parrish to the Downtown Business Improvement District Advisory Board for a term ending December 31, 2013. (Downtown Business Representative) POLICY ISSUE: N/A STAFF RECOMMENDATION: Mayor Bunten is recommending the re-appointment of Jim Parrish to the Downtown Business Improvement District Advisory Board. There is no official attendance policy, however, there have been seven meetings, and Mr. Parrish has one absence. BACKGROUND: KSA 12-1781 et seq. This is a statutory board wherein the Mayor recommends the nominee and the Council has final approval. Nominees must be representatives of the businesses located within the district. The advisory board submits a recommendation to the Council of programs and services within the district, and submits a proposed schedule of fees for assessment on the businesses in the district and may recommend consideration of changes in the boundaries of the district. BUDGETARY IMPACT: N/A SOURCE OF FUNDING: N/A 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 November 16, 2011 Back Print DATE: December 6, 2011 CONTACT PERSON: Ken Benjamin, 8-3883 DOCUMENT #: SECOND PARTY/SUBJECT: Donald PROJECT #: Fincham/Workers' Comp impairment award CATEGORY/SUBCATEGORY 005 Claims / 006 Appeals CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: APPROVAL of Workers' Compensation Settlement for Water Pollution Control (WPC) employee, Donald Fincham, in the amount of $24,868.58, for permanent partial impairment of his cervical spine from injuries suffered in a lifting incident of April 10, 2008. (Approval would authorize payment of that amount as full and final settlement of the underlying claim.) POLICY ISSUE: Whether it is in the best interests of the City to fully and finally settle a Workers' Compensation claim against it for a split of the physician ratings rather than having it go forward to be decided by an administrative law judge, with the likelihood that future medical and the opportunity for review and modification will be left open. STAFF RECOMMENDATION: Approval. BACKGROUND: Donald Fincham has been an Equipment Operator for WPC since May of 2005. On April 10, 2008, he strained his upper back and neck while using a pry bar and hammer to raise an impacted manhole cover. An MRI indicated a cervical disc herniation, eventually leading to fusion surgery in October of 2010. After maximum medical improvement was reached, Fincham received full body impairment ratings of 9% from the City's doctor and 16% from the one selected by his lawyer. Using the statutory formula for calculation of monetary awards, a split of those two evaluations (12.5%) resulted in an entitlement of $22,868.58. In order to have the employee agree to close out his claim fully and finally with no future medical, $2,000.00 Itemwas #8 added to that figure to arrive at the amount being proposed for settlement. BUDGETARY IMPACT: $24,868.58 new outlays, in addtion to the $36,132.71 already paid-out in Temporary Total Disability and medical expenses, for an overall cost to the City of $61,001.29. SOURCE OF FUNDING: Workers' Compensation indemnity fund. 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 October 25, 2011 Back Print DATE: December 6, 2011 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 October 25, 2011 Back Print DATE: December 6, 2011 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 #10  A Capital City Government Working For You www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 November 21, 2011 Back Print DATE: December 6, 2011 CONTACT PERSON: Mary Feighny, Deputy DOCUMENT #: City Attorney SECOND PARTY/SUBJECT: Alcohol permit fees PROJECT #: CATEGORY/SUBCATEGORY 013 Ordinances - Codified / 010 Alcoholic Beverages CIP PROJECT: No ACTION OF COUNCIL: 11/29/11 First Reading. JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: AN ORDINANCE introduced by Interim City Manager Daniel R. Stanley, amending City of Topeka Code Sections 5.10.020 and 9.15.300, concerning alcohol sales and tax and specifically repealing said original sections. Final Reading. (Approval would change the current occupation tax from an annual to a biennial payment.) POLICY ISSUE: Whether or not to pass and approve the ordinance. STAFF RECOMMENDATION: Pass and approve BACKGROUND: State law changed from annual to biennial license fees for liquor licenses. This ordinance amendment does likewise for city occupation taxes - making them biennial rather than annual. There is no fee increase. BUDGETARY IMPACT: None SOURCE OF FUNDING: NA ATTACHMENTS: Ordinance Item #11  Attachment number 1 \nPage 1 1 (Published in the Topeka Metro News _______________________________________) 2 3 ORDINANCE NO. _____________ 4 5 AN ORDINANCE introduced by Daniel R. Stanley, Interim City Manager, amending 6 City of Topeka Code § 5.10.020 and § 9.15.300, concerning alcohol 7 sales and tax and specifically repealing said original sections. 8 9 BE IT ORDAINED BY THE GOVERNING BODY THE CITY OF TOPEKA: 10 11 Section 1. That section 5.10.020, Alcoholic beverages – Alcoholic liquor sales, 12 of The Code of the City of Topeka, Kansas, is hereby amended to read as follows: 13 Alcoholic beverages – Alcoholic liquor sales. 14 (a)There is hereby imposed upon all holders of the following licenses issued by 15 the state Director of Alcoholic Beverage Control under the provisions of the Kansas 16 Liquor Control Act (K.S.A. 41-101 et seq.), an annuala biennial city occupation tax in the 17 following amounts: (1) For a license to manufacture alcohol and spirits $2,500.005,000.00 (2) For a license to manufacture beer and cereal malt beverage: (i) For one to 100 barrel daily capacity or any part thereof $200.00400.00 (ii) For 101 to 150 barrel daily capacity $400.00800.00 (iii) For 151 to 200 barrel daily capacity $700.001,400.00 (iv) For 201 to 300 barrel daily capacity $1,000.002,000.00 (v) For 301 to 400 barrel daily capacity $1,300.002,600.00 (vi) For 401 to 500 barrel daily capacity $1,400.002,800.00 (vii) For 501 or more barrel daily capacity $1,600.003,200.00 18 Provided, that the words “daily capacity” as used in this section shall mean the average 19 daily barrel production for the previous 12 months of manufacturing operations; 20 provided further, that if no such basis for comparison exists, the manufacturing licensee 21 shall pay in advance for the first year’s operationoperation during the first term of the 22 license an occupation tax of $1,0002,000.00. 23 ORD/Alcohol Permit Fees 11/8/11 1  Attachment number 1 \nPage 2 24 (3) For a license to manufacture wine $500.001,000.00 (4) For a microbrewery license or a farm winery license $250.00 (54) For a spirits distributor’s license for the first and each additional distributing place of business operated in the city by the same licensee and wholesaling and jobbing spirits $1,000.002,000.00 (65) For a beer distributor’s license, for the first and each additional wholesale distributing place of business operated in the city by the same licensee and wholesaling or jobbing beer and cereal malt beverage $700.001,400.00 (76) For a retailer’s license $300.00600.00 (87) For a nonbeverage user’s license: (i) For class 1 $10.0020.00 (ii) For class 2 $50.00100.00 (iii) For class 3 $100.00200.00 (iv) For class 4 $200.00400.00 (v) For class 5 $500.001,000.00 (98) For any private club or drinking establishment $250.00500.00 25 (b) The annualbiennial city occupation tax imposed upon holders of both a 26 spirits distributor’s license and a beer distributor’s license shall be either of the 27 applicable occupation taxes set forth in subsections (a)(54) and (a)(65) of this section, 28 but not both. If one such occupation tax is higher than the other by virtue of multiple 29 licenses, the higher tax shall be imposed. 30 Section 2. That section 9.15.300, Amount of tax –When due, of The Code of 31 the City of Topeka, Kansas, is hereby amended to read as follows: 32 Amount of tax – When due. 33 Occupation taxes under this subarticle shall be as set forth in TMC 5.10.020. All 34 occupation taxes shall be paid annuallybiennially on the renewal date of the licensee’s 35 state license. ORD/Alcohol Permit Fees 11/8/11 2  Attachment number 1 \nPage 3 36 Section 3. That original § 5.10.020 and § 9.15.300 of The Code of the City of 37 Topeka, Kansas, are hereby specifically repealed. 38 Section 4. This ordinance shall take effect and be in force from and after its 39 passage, approval and publication in the official City newspaper. 40 Section 5. This ordinance shall supersede all ordinances, resolutions or rules, 41 or portions thereof, which are in conflict with the provisions of this ordinance. 42 Section 6. Should any section, clause or phrase of this ordinance be declared 43 invalid by a court of competent jurisdiction, the same shall not affect the validity of this 44 ordinance as a whole, or any part thereof, other than the part so declared to be invalid. 45 PASSED AND APPROVED by the City Council on _______________________. 46 47 CITY OF TOPEKA, KANSAS 48 49 50 51 __________________________________ 52 William W. Bunten, Mayor 53 ATTEST: 54 55 56 57 ________________________________ 58 Brenda Younger, City Clerk ORD/Alcohol Permit Fees 11/8/11 3  A Capital City Government Working For You www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 November 21, 2011 Back Print DATE: December 6, 2011 CONTACT PERSON: Councilmembers DOCUMENT #: Ortiz, Hiller and Harmon sitting as the Public Health and Safety Committee SECOND PARTY/SUBJECT: Fireworks PROJECT #: CATEGORY/SUBCATEGORY CIP PROJECT: No ACTION OF COUNCIL: 11/29/11 First Reading. JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: AN ORDINANCE introduced by Councilmembers Karen Hiller, Sylvia Ortiz and Richard Harmon, sitting as the Public Health and Safety Committee, amending City of Topeka Code Section 8.35.070 concerning fireworks and specifically repealing said original section. Final Reading. (Approval would reduce the number of days consumer fireworks may be sold and discharged within the City of Topeka and ban the discharge of fireworks in certain circumstances.) POLICY ISSUE: Whether or not to adopt the amendments to the Topeka Municipal Code relating to fireworks as proposed by the Public Health and Safety Committee. STAFF RECOMMENDATION: BACKGROUND: Amendments to the ordinance include:
defines "fireworks", "consumer fireworks" and "display fireworks";
limits the sale of consumer fireworks to July 2nd through July 4th;
limits the discharge of consumer fireworks to July 4th from 8:00 a.m. to 11:59 p.m. and requires that each seller to attach a flier to each sale advising that this is the only date and time Item #12  period fireworks may lawfully be discharged in the City of Topeka;
bans the ignition or discharge of fireworks into, under or from a car or vehicle, whether moving or standing still, or on a public roadway or the right-of-way adjoining a public roadway;
bans the discharge of fireworks within 100 feet of any "place of institution" as defined by National Fire Protection Association Standard No. 101 or any retail fireworks stand or facility where fireworks are stored; and
encourages the fire department to continue public education efforts and encourages the police department to work internally and with the community to develop improved strategies for enforcement. BUDGETARY IMPACT: Unknown SOURCE OF FUNDING: ATTACHMENTS: Ordinance Item #12  Attachment number 1 \nPage 1 1 (Published in the Topeka Metro News _______________________________________) 2 3 ORDINANCE NO. _____________ 4 5 AN ORDINANCE introduced by Councilmembers Karen Hiller, Sylvia Ortiz and 6 Richard Harmon, sitting as the Public Health and Safety 7 Committee, amending City of Topeka Code § 8.35.070 concerning 8 fireworks and specifically repealing said original section. 9 10 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TOPEKA: 11 12 Section 1. That section 8.35.070, of The Code of the City of Topeka, Kansas, 13 is hereby amended to read as follows: 14 Fireworks. 15 (a) Definitions. 16 (1) “Consumer fireworks” shall mean any small firework devices 17 designed to produce visible effects by combustion and are classified as 18 consumer fireworks UN0336, and UN0337 by the U.S. Department of 19 Transportation at 49 CFR 172.101, and 27 CFR 555.11 as may be amended. 20 Metal sparklers are specifically excluded from this definition of consumer 21 fireworks.”Fireworks” shall mean any composition or device for the purpose of 22 producing a visible or an audible effect for entertainment purposes by 23 combustion, deflagration, or detonation, that meets the definition of Consumer 24 Fireworks or Display Fireworks as set forth in this Code. [NFPA 1124, 2006] 25 (2) “Display fireworks” shall mean large fireworks designed primarily to 26 produce visible or audible effects by combustion, deflagration, or detonation and 27 are classified as display fireworks UN0333, UN0334 or UN0335 by the U.S. 28 Department of Transportation at 49 CFR 172.101, and 27 CFR 29 555.11.“Consumer fireworks” shall mean any small firework devices containing ORD/Fireworks PHSC 11/15/11 1  Attachment number 1 \nPage 2 30 restricted amounts of pyrotechnic composition, designed primarily to produce 31 visible or audible effects by combustion that comply with the construction, 32 chemical composition, and labeling regulations of the U.S. Consumer Product 33 Safety Commission (CPSC), as set forth in CPSC 16 CFR 1500 and 1507, 49 34 CFR 172, and APA Standard 87-1, Standard for the Construction and Approval 35 for Transportation of Fireworks, Novelties and Theatrical Pyrotechnics. [NFPA 36 1124, 2006] 37 (3) “Fireworks” shall mean any composition or device designed to 38 produce a visible or an audible effect by combustion, deflagration, or detonation. 39 “Display fireworks” shall mean large fireworks devices that are explosive material 40 intended for use in fireworks displays and designed to produce visible or audible 41 effects by combustion, deflagration, or detonation, as set forth in CPSC 16 CFR 42 1500 and 1507, 49 CFR 172, and APA Standard 87-1, Standard for the 43 Construction and Approval for Transportation of Fireworks, Novelties, and 44 Theatrical Pyrotechnics. 45 (4) “Fire chief” shall mean the duly appointed chief of the city of 46 Topeka fire department or any person designated by said chief to enforce the 47 provisions of this chapter. 48 (b) Possession/Discharge of Fireworks. It shall be unlawful for any person to 49 possess, transport, ignite, discharge or cause to be discharged any firework in the city 50 except as specifically permitted in this section. 51 (1) Consumer fireworks may be discharged within the City of Topeka 52 on July 4th from 8:00 a.m. to 11:59 p.m. ORD/Fireworks PHSC 11/15/11 2  Attachment number 1 \nPage 3 53 (i) Between the hours of 8:00 a.m. and 9:00 p.m. on June 27th, 54 28th, 29th, 30th, July 1st and July 5th of each year. 55 (ii) Between the hours of 8:00 a.m. and 11:00 p.m. on July 2nd, 56 3rd and 4th of each year. 57 (2) It shall be unlawful for any person toA person shall not recklessly or 58 intentionally discharge, ignite or otherwise cause a firework: 59 (i) To place another person in reasonable apprehension of 60 immediate bodily harm; or 61 (ii) To cause physical contact with another person; or 62 (iii) To deface or damage real or personal property of another 63 person without the consent of any such other person. 64 (3) A person shall not ignite or discharge fireworks into, under, or from 65 a car or vehicle, whether moving or standing still, or on a public roadway or the 66 right-of-way adjoining a public roadway. 67 (4) Fireworks shall not be discharged within 100 feet of any “place of 68 institution,” as defined by national fire protection association standard no. 101, 69 which is adopted by reference in K.A.R. 22-1-3, or any retail fireworks stand or 70 facility where fireworks are stored. (Authorized by and implementing K.S.A. 2007 71 Supp. 31-133; effective January 1, 1973; amended May 1, 1986; amended 72 December 29, 2008). 73 (5) Further, it shall be unlawful for any person to possess, ignite or 74 otherwise cause the discharge of any firework that is not a consumer firework or 75 any firework which is prohibited by federal or state statute or regulation. ORD/Fireworks PHSC 11/15/11 3  Attachment number 1 \nPage 4 76 (c) Sale of Fireworks. 77 (1) It shall be unlawful for any person to sell, hold for sale, or offer for 78 sale at retail, any consumer fireworks in the city unless such person has first 79 obtained a permit from the city as a retailer. 80 (2) Any person desiring to sell or offer for sale any permissible 81 fireworks as a retailer shall make application to the city clerk for a permit 82 authorizing the same. Such application shall include the following information 83 and such additional information as the fire chief shall deem necessary: 84 (i) The name and residence address of the applicant. 85 (ii) The location of the premises for which the permit is sought. If 86 ownership of premises is different from the applicant, written consent of 87 the owner is required. 88 (iii) When the permit is sought in a temporary structure or facility, 89 the applicant shall provide a legal description of the premises, a 90 description of the structure or facility to be used, and the location of such 91 structure or facility upon the premises. All temporary structures, including 92 tents, shall be posted with the approved NFPA 704 placards as described 93 in the Uniform Fire Code. A copy of subsection (b) of this section shall 94 also be posted on all premises where fireworks are sold. Such notice shall 95 be at least eight and one-half inches by 11 inches in size and printed in 96 type no smaller than 12 characters per inch. After an inspection of the 97 premises including review by appropriate city agencies such as the fire 98 department and developmental services director, and consideration of the ORD/Fireworks PHSC 11/15/11 4  Attachment number 1 \nPage 5 99 information contained in the application for a permit, the fire chief may 100 issue a permit therefor, conditioned upon reasonable safety measures to 101 be specified in the permit and upon payment by the applicant of a fee of 102 $280.00 to the city clerk. Any permit issued under the provisions of this 103 section shall be valid only for the period of June 27thJuly 2nd through and 104 including July 54th of the year in which issued and shall be issued in 105 accordance with the Uniform Fire Code article entitled “Permits.” Persons 106 responsible for the operations of permissible firework stands in which 107 fireworks are stored or handled shall be familiar with safety requirements 108 for the materials being sold, and the appropriate actions necessary in the 109 event of a fire. Additionally, each seller is required to attach a flier to each 110 sale advising the discharge of fireworks is lawful in the City of Topeka only 111 on July 4th from 8:00 a.m. to 11:59 p.m. 112 (d) Confiscation of Fireworks. Any fireworks in the immediate possession or 113 control of a person violating any city ordinance controlling the use of fireworks may be 114 confiscated by any sworn law enforcement official, the fire chief, or any member of the 115 fire department who has been duly authorized by the fire chief. Confiscated fireworks 116 must be retained by the confiscating agency and may only be destroyed upon approval 117 by the court. The City Council encourages the fire department to continue public 118 education efforts and encourages the police department to work internally and with the 119 community to develop improved strategies for enforcement. 120 (e) Adult Supervision Required. At all times that it is lawful for any person 121 over the age of 18 years to possess and discharge permitted consumer fireworks, it ORD/Fireworks PHSC 11/15/11 5  Attachment number 1 \nPage 6 122 shall also be lawful for a person under the age of 18 years to possess and discharge 123 permitted consumer fireworks when such person does so under adult supervision and in 124 the physical presence of the adult. It shall be unlawful for any person over the age of 18 125 years to permit a person under the age of 18 to discharge fireworks without adult 126 supervision and in the physical presence of the adult. 127 (f) Rules and Regulations. Display fireworks may be sold and ignited and/or 128 discharged pursuant to rules and regulations established by the chief of the Topeka fire 129 department. 130 (g) Penalties. Any person convicted of violating any of the provisions in this 131 section shall be deemed guilty of a misdemeanor and shall be punished by a fine of not 132 less than $250.00 to a maximum amount of $499.00 per violation. In addition to any 133 fine, the individual may be sentenced up to 179 days in jail. The fine shall not be 134 paroled. 135 Section 2. That original § 8.35.070 of The Code of the City of Topeka, Kansas, 136 is hereby specifically repealed. 137 Section 3. This ordinance shall take effect and be in force from and after its 138 passage, approval and publication in the official City newspaper. 139 Section 4. This ordinance shall supersede all ordinances, resolutions or rules, 140 or portions thereof, which are in conflict with the provisions of this ordinance. 141 Section 5. Should any section, clause or phrase of this ordinance be declared 142 invalid by a court of competent jurisdiction, the same shall not affect the validity of this 143 ordinance as a whole, or any part thereof, other than the part so declared to be invalid. 144 ORD/Fireworks PHSC 11/15/11 6  Attachment number 1 \nPage 7 145 PASSED AND APPROVED by the City Council ______________________. 146 147 CITY OF TOPEKA, KANSAS 148 149 150 151 __________________________________ 152 William W. Bunten, Mayor 153 ATTEST: 154 155 156 157 ____________________________ 158 Brenda Younger, City Clerk ORD/Fireworks PHSC 11/15/11 7  A Capital City Government Working For You www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 November 21, 2011 Back Print DATE: December 6, 2011 CONTACT PERSON: Judy Olander, DOCUMENT #: Assistant City Attorney SECOND PARTY/SUBJECT: Parks and PROJECT #: Recreation/Advisory Boards CATEGORY/SUBCATEGORY 013 Ordinances - Codified / 002 Administration CIP PROJECT: No ACTION OF COUNCIL: 11/29/11 First Reading. JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: AN ORDINANCE introduced by Interim City Manager Daniel R. Stanley, concerning the Parks and Recreation and Golf Course Advisory Boards, amending City of Topeka Code Section 2.05.010 and specifically repealing said original section as well as repealing Sections 2.90.010 through 2.90.080 and Sections 11.30.050 through 11.30.120. Final Reading. (Approval would repeal City Code provisions concerning the Parks and Recreation and Golf Course Advisory Boards that are no longer needed due to the consolidation of the Parks and Recreation Departments of the City and County.) POLICY ISSUE: Whether or not to pass and approve the ordinance. STAFF RECOMMENDATION: Pass and approve. BACKGROUND: BUDGETARY IMPACT: None Item #13 SOURCE OF FUNDING: NA ATTACHMENTS: Ordinance Item #13  Attachment number 1 \nPage 1 1 (Published in the Topeka Metro News _______________________________________) 2 3 ORDINANCE NO. _____________ 4 5 AN ORDINANCE introduced by Daniel R. Stanley, Interim City Manager, concerning 6 the Parks and Recreation and Golf Course advisory boards, 7 amending City of Topeka Code § 2.05.010 and specifically 8 repealing said original section as well as repealing § 2.90.010 9 through § 2.90.080 and § 11.30.050 through § 11.30.120. 10 11 BE IT ORDAINED BY THE GOVERNING BODY THE CITY OF TOPEKA: 12 13 Section 1. That section 2.05.010, Establishment, of The Code of the City of 14 Topeka, Kansas, is hereby amended to read as follows: 15 Establishment. 16 The following nonstatutory boards, commissions and other plural authorities are 17 hereby established and made a part of the administrative code of the city, as authorized 18 by Charter Ordinance No. 94, Section 24 (Appx. A, Section A2-72): human relations 19 commission (TMC 2.55.010); board of electrical appeals (TMC 5.63.120); board of 20 plumbing appeals (TMC 5.63.120); board of mechanical appeals (TMC 5.63.120); board 21 of building and fire appeals (TMC 2.40.010); board of zoning appeals (TMC 2.45.010 et 22 seq.); golf course advisory board (TMC 11.30.050 et seq.); parks and recreation 23 advisory board (TMC 2.90.010 et seq.); citizen advisory council (TMC 2.105.040); civil 24 service commission (TMC 2.125.030); Topeka planning commission (TMC 2.65.020); 25 boards of trustees of fire and police pension funds (TMC 2.140.190); city of Topeka 26 Americans with Disabilities Act advisory council (TMC 2.80.010); sustainability advisory 27 board (TMC 2.95.010). The council is hereby authorized to promulgate appropriate rules 28 and regulations for such boards, commissions and authorities dealing with their 29 organization and operation. No city employee shall be appointed to any board, ORD/PR-Golf Advisory Board 11/7/2011 1  Attachment number 1 \nPage 2 30 commission, or plural authority unless the appointment is specifically authorized by 31 ordinance. Unless otherwise provided, all members appointed to any board, 32 commission, or plural authority shall be residents of the city. The mayor shall notify 33 councilmembers 30 days in advance of vacancies occurring on such bodies, shall solicit 34 nominations from the council for filling such positions, and shall appoint members to 35 such bodies from those nominated by the council. In the event no nominations are 36 forthcoming, the mayor shall make such appointments as are in the best interest of or 37 will best serve the mission of the board, commission, or authority. All appointments 38 must be confirmed by the council. Unless otherwise provided for in this code, members 39 will be appointed for a term of two years and shall not serve beyond the end of their 40 appointed terms. Upon expiration of a term the position shall remain vacant until a 41 successor is appointed 42 Section 2. That section 2.90.010, Created, of The Code of the City of Topeka, 43 Kansas, is hereby repealed. 44 Created. 45 There is hereby created a parks and recreation advisory board. 46 Section 3. That section 2.90.020, Composition, of The Code of the City of 47 Topeka, Kansas, is hereby repealed. 48 Composition. 49 The parks and recreation advisory board shall consist of nine members. Four 50 members shall be appointed by the mayor, one member by the governing body of 51 Unified School District No. 501, one member by the governing body of Unified School 52 District No. 450, one member by the governing body of Unified School District No. 345, ORD/PR-Golf Advisory Board 11/7/2011 2  Attachment number 1 \nPage 3 53 one member by the governing body of the Unified School District No. 437, and one 54 member by the governing body of Washburn University. 55 Section 4. That section 2.90.030, Qualifications, of The Code of the City of 56 Topeka, Kansas, is hereby repealed. 57 Qualifications. 58 Each member of the parks and recreation advisory board shall be a resident of 59 the city. 60 Section 5. That section 2.90.040, Term of members, of The Code of the City 61 of Topeka, Kansas, is hereby repealed. 62 Term of members. 63 Members of the parks and recreation advisory board shall serve for a term of four 64 years. Members may be appointed for subsequent terms after completion of the first 65 term. All terms shall end in July of each respective year. Members shall not serve 66 beyond the end of their appointed terms. Upon expiration of a term the position shall 67 remain vacant until a successor is appointed. 68 Section 6. That section 2.90.050, Compensation, of The Code of the City of 69 Topeka, Kansas, is hereby repealed. 70 Compensation. 71 Members of the parks and recreation advisory board shall serve without 72 compensation. 73 Section 7. That section 2.90.060, Qualifications, of The Code of the City of 74 Topeka, Kansas, is hereby repealed. 75 Removal of members. ORD/PR-Golf Advisory Board 11/7/2011 3  Attachment number 1 \nPage 4 76 The mayor may remove any member of the board which the mayor appointed at 77 any time for good cause shown. Other appointing bodies referenced in TMC 2.90.020 78 may also remove their appointee at any time for good cause shown. All members of the 79 advisory board must attend at least eight of the 12 scheduled meetings each year and 80 not miss any three scheduled meetings in a row or be subject to removal from the 81 board. 82 Section 8. That section 2.90.070, Vacancies, of The Code of the City of 83 Topeka, Kansas, is hereby repealed. 84 Vacancies. 85 Vacancies occurring on the parks and recreation advisory board shall be filled by 86 appointment for the unexpired term by the appropriate appointing body or individual. 87 Section 9. That section 2.90.080, Operation, of The Code of the City of 88 Topeka, Kansas, is hereby repealed. 89 Operation. 90 The parks and recreation advisory board shall represent members of the Topeka 91 community and shall provide input, assistance, feedback, and support to the parks and 92 recreation department and its director, as well as advice and information to the mayor 93 and city administration, the city council, and to the public, in such manner and at such 94 times as the advisory board shall determine. 95 The parks and recreation director shall, and the council may, refer to the parks 96 and recreation advisory board all major proposals and propositions for the construction, 97 reconstruction and improvement of public parks and recreational facilities in the city, 98 including the acquisition of lands for park purposes; the acquisition of major recreational ORD/PR-Golf Advisory Board 11/7/2011 4  Attachment number 1 \nPage 5 99 equipment and facilities; and the initiation of new programs in the recreational system. 100 All of such proposals and propositions shall be taken under consideration by the 101 advisory board, and such board shall make reports and recommendations to the parks 102 and recreation director or the council on all matters referred to it and may make such 103 further reports and recommendations to the parks and recreation director or the council 104 as the board shall deem advisable. 105 Such reports requested by the council shall be made to the council within a time 106 fixed by the council either by the resolution submitting the proposal or proposition or at 107 the time the proposal or proposition is submitted to the advisory board by the council, 108 and no action shall be taken thereafter by the council upon any proposal or proposition 109 which it has referred to the advisory board until the reports and recommendations 110 thereon have been received from the advisory board. The council shall take action upon 111 the reports and recommendations received from the advisory board within 30 days after 112 their receipt; provided, that the council may extend the time as it shall deem necessary 113 to give the matter further attention before action is taken. 114 The parks and recreation director shall regularly report to the advisory board on 115 such matters as the department budget, capital projects, department policies, and 116 proposed programming changes, as well as other matters determined by the advisory 117 board or the parks and recreation director to be of interest to the board for its 118 consideration. 119 Section 10. That section 11.30.050, Created, of The Code of the City of 120 Topeka, Kansas, is hereby repealed. 121 Created. ORD/PR-Golf Advisory Board 11/7/2011 5  Attachment number 1 \nPage 6 122 There is hereby created a public golf course advisory board of the city. 123 Section 11. That section 11.30.060, Composition - Appointments, of The Code 124 of the City of Topeka, Kansas, is hereby repealed. 125 Composition – Appointments. 126 The golf course advisory board shall consist of three members and three ex 127 officio members. The three members shall be appointed by the mayor with the consent 128 of the council. The following shall be ex officio members of the advisory board: the 129 director of the department of parks and recreation or designee, the golf course manager 130 and the golf course professional. 131 Section 12. That section 11.30.070, Terms, of The Code of the City of Topeka, 132 Kansas, is hereby repealed. 133 Terms. 134 The terms of office of the members of the golf course advisory board shall be two 135 years. Members may be appointed for subsequent terms after completion of their first 136 term. Members shall not serve beyond the end of their appointed terms. Upon expiration 137 of a term the position shall remain vacant until a successor is appointed. 138 Section 13. That section 11.30.080, Compensation, of The Code of the City of 139 Topeka, Kansas, is hereby repealed. 140 Compensation. 141 Each member of the golf course advisory board shall serve without 142 compensation. 143 Section 14. That section 11.30.090, Removal of members, of The Code of the 144 City of Topeka, Kansas, is hereby repealed. ORD/PR-Golf Advisory Board 11/7/2011 6  Attachment number 1 \nPage 7 145 Removal of members. 146 Any member of the golf course advisory board may be removed by the mayor at 147 any time for good cause shown. 148 Section 15. That section 11.30.100, Filling of vacancies, of The Code of the 149 City of Topeka, Kansas, is hereby repealed. 150 Filling of vacancies. 151 Vacancies occurring on the golf course advisory board shall be filled by 152 appointment for the unexpired term, and such appointment shall be made in the same 153 manner as the original appointment. 154 Section 16. That section 11.30.110, Meetings, of The Code of the City of 155 Topeka, Kansas, is hereby repealed. 156 Meetings. 157 The golf course advisory board shall meet at such times and such places as it 158 may agree upon, as deemed appropriate by the full membership of the board, and as 159 often as necessary to take care of the work load. 160 Section 17. That section 11.30.120, Purpose, of The Code of the City of 161 Topeka, Kansas, is hereby repealed. 162 Purpose. 163 The public golf course advisory board shall advise the council in all matters 164 concerning the public golf courses, and shall make reports and recommendations to the 165 council on all matters referred to the advisory board, and may make such further 166 recommendations as the advisory board may deem necessary. The council shall take 167 action upon the reports and recommendations received from the advisory board within ORD/PR-Golf Advisory Board 11/7/2011 7  Attachment number 1 \nPage 8 168 30 days after their receipt; provided, that the council may extend the time as it shall 169 deem necessary to give the matter further attention before taking action. 170 Section 18. That original § 2.05.010 of The Code of the City of Topeka, Kansas, 171 is hereby specifically repealed. 172 Section 19. This ordinance shall take effect and be in force on January 1, 2012, 173 after its passage, approval and publication in the official City newspaper. 174 Section 20. This ordinance shall supersede all ordinances, resolutions or rules, 175 or portions thereof, which are in conflict with the provisions of this ordinance. 176 Section 21. Should any section, clause or phrase of this ordinance be declared 177 invalid by a court of competent jurisdiction, the same shall not affect the validity of this 178 ordinance as a whole, or any part thereof, other than the part so declared to be invalid. 179 PASSED AND APPROVED by the City Council on _______________________. 180 181 CITY OF TOPEKA, KANSAS 182 183 184 185 __________________________________ 186 William W. Bunten, Mayor 187 ATTEST: 188 189 190 191 _________________________________ 192 Brenda Younger, City Clerk ORD/PR-Golf Advisory Board 11/7/2011 8  A Capital City Government Working For You www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 October 25, 2011 Back Print DATE: December 6, 2011 CONTACT PERSON: Brenda Younger DOCUMENT #: SECOND PARTY/SUBJECT: Applications PROJECT #: CATEGORY/SUBCATEGORY 006 Communication / 005 Other CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: APPROVAL of Retail Cereal Malt Beverage License Applications. Voting Requirement: Majority of the Governing Body, including the Mayor. (Pursuant to K.S.A. 41-2702 application for license must be approved by the Governing Body prior to the issuance of the license.) POLICY ISSUE: None STAFF RECOMMENDATION: Approve the licenses. BACKGROUND: Pursuant to K.S.A. 41-2702 as amended, license applications for retail cereal malt beverage must be approved by the governing body prior to issuance of the license. BUDGETARY IMPACT: None SOURCE OF FUNDING: N/A 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 October 25, 2011 Back Print DATE: December 6, 2011 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 October 25, 2011 Back Print DATE: December 6, 2011 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 October 25, 2011 Back Print DATE: December 6, 2011 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 October 25, 2011 Back Print DATE: December 6, 2011 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