City Council Meeting

A Capital City Serving You www.topeka.org City Council Agenda Council Chambers 214 SE 8th Street Topeka, Kansas 66603 December 4, 2012 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 City Manager: Jim Colson 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: "Local Businesses Appreciation Days" 2. PRESENTATIONS: "None scheduled at this time." 3. ROLL CALL: 4. CONSENT AGENDA: A. Board Appointment - Topeka Planning Commission ATTACHMENTS BOARD APPOINTMENT recommending the appointment of Nicholas Jefferson to the Topeka Planning Commission to fill an unexpired term ending June 30, 2013. (Council District No. 1) B. MINUTES of the regular meeting of November 20, 2012, and November 27, 2012 C. APPLICATIONS: 5. UNFINISHED BUSINESS: A. Ordinance - 2012 Uniform Public Offense Code ATTACHMENTS AN ORDINANCE introduced by City Manager Jim Colson, amending City of Topeka Code Section 9.05.080 and specifically repealing said original section, repealing Chapter 8.20 and Section 9.45.120 in their entireties, as well as, creating Section 9.05.090 all concerning the adoption of the 2012 Uniform Public Offense Code and amendments thereto. Final Reading. (Deferred from the meeting of November 13, 2012.) Voting Requirement: Majority vote of the Governing Body, including the Mayor. (Approval would adopt the 2012 edition of the UPOC and amendments. The City is currently operating under the 2011 edition.) 6. NEW BUSINESS: A. Lease Purchase Agreement - Police Department Vehicles ATTACHMENTS APPROVAL of a Master Lease Purchase Agreement between the City of Topeka and US Bancorp Government Leasing and Finance Inc., for the purchase of police vehicles in the amount of $888,955.67. Voting Requirement: Majority vote of the Governing Body, including the Mayor. (Approval would allow the City Manager to execute the master lease purchase agreement. The agreement term is three (3) years with the first payment in the amount of $296,318.56 due November 30, 2013, and paid from the 2013 Police  Department Operating Budget.) B. Applications - Retail Cereal Malt Beverage and Scrap Metal Dealers License APPROVAL of Retail Cereal Malt Beverage and Scrap Metal Dealers License Applications. Voting Requirement: Majority vote of the Governing Body, including the Mayor. (Pursuant to K.S.A. 41-2702, Retail Cereal Malt Beverage License application must be approved by the Governing Body prior to the issuance of the license. Pursuant to TMC 5.170.040 and L. 2011, Ch. 86, Section 2, Scrap Metal Dealer applications have to be approved by the governing body prior to issuance of registration.) 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 16, 2012 Back Print DATE: December 4, 2012 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 16, 2012 Back Print DATE: December 4, 2012 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 16, 2012 Back Print DATE: December 4, 2012 CONTACT PERSON: DOCUMENT #: SECOND PARTY/SUBJECT: PROJECT #: CATEGORY/SUBCATEGORY CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: "Local Businesses Appreciation Days" 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 16, 2012 Back Print DATE: December 4, 2012 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 16, 2012 Back Print DATE: December 4, 2012 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, 2012 Back Print DATE: December 4, 2012 CONTACT PERSON: Mayor Bunten DOCUMENT #: SECOND PARTY/SUBJECT: Topeka Planning PROJECT #: Commission CATEGORY/SUBCATEGORY 006 Communication / 003 Requests CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: BOARD APPOINTMENT recommending the appointment of Nicholas Jefferson to the Topeka Planning Commission to fill an unexpired term ending June 30, 2013. (Council District No. 1) POLICY ISSUE: Not Applicable. STAFF RECOMMENDATION: Councilwoman Hiller nominates and Mayor Bunten recommends the approval of the appointment of Nicholas Jefferson for a term that will end June 30, 2013. A bio is attached for review. BACKGROUND: Ordinance 18442. The Topeka Planning Commission assumes all powers, duties, responsibilities and functions provided by the laws of the state and the resolutions and ordinances of the city. All ordinances, to the greatest extent practical, including, but not limited to, ordinances adopting the comprehensive land use plan, subdivision regulations and comprehensive zoning codes, resolutions, policies, rules and regulations now in force and effect within the city of Topeka and its extraterritorial jurisdiction at the time of the ordinance, which are not inconsistent with the provisions of KSA 12-744 and amendments thereto. BUDGETARY IMPACT: Not Applicable. SOURCE OF FUNDING: Not Applicable. ATTACHMENTS: Jefferson Bio Item #6 Additional Information: I am a licensed, pnacticing attorney in Topeka. I am also a licensed Attachment number 1 \nPage 1 Pnofessional Engineerwith over 5 yeans of civil engineeningexpenience; including over 3 yeans in commercialand residential development. I am formerly a certified floodplain managen. I have served on sevenal diffenent boards in othen cities including the solid waste management commissionin Salina, KS and the site plat and planning committeein Kechi, KS. Thanks, Nick  A Capital City Government Working For You www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 October 16, 2012 Back Print DATE: December 4, 2012 CONTACT PERSON: DOCUMENT #: SECOND PARTY/SUBJECT: PROJECT #: CATEGORY/SUBCATEGORY CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: POLICY ISSUE: STAFF RECOMMENDATION: BACKGROUND: BUDGETARY IMPACT: SOURCE OF FUNDING: ATTACHMENTS: No Attachments Available Item #7  A Capital City Government Working For You www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 October 16, 2012 Back Print DATE: December 4, 2012 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 November 14, 2012 Back Print DATE: December 4, 2012 CONTACT PERSON: Craig Spomer, Chief of DOCUMENT #: Prosecution SECOND PARTY/SUBJECT: 2012 UPOC PROJECT #: CATEGORY/SUBCATEGORY 013 Ordinances - Codified / 054 Criminal Code CIP PROJECT: No ACTION OF COUNCIL: 10-16-12 First JOURNAL #: 12 Reading. 10-23-12 Deferred 3 weeks. 11- 13-12 Deferred to 12- 04-12. PAGE #: DOCUMENT DESCRIPTION: AN ORDINANCE introduced by City Manager Jim Colson, amending City of Topeka Code Section 9.05.080 and specifically repealing said original section, repealing Chapter 8.20 and Section 9.45.120 in their entireties, as well as, creating Section 9.05.090 all concerning the adoption of the 2012 Uniform Public Offense Code and amendments thereto. Final Reading. (Deferred from the meeting of November 13, 2012.) Voting Requirement: Majority vote of the Governing Body, including the Mayor. (Approval would adopt the 2012 edition of the UPOC and amendments. The City is currently operating under the 2011 edition.) POLICY ISSUE: As discussed at the November 27, 2012, Work Session, staff has prepared an amended ordinance for consideration which will take the place of the deferred ordinance. This amended ordinance will adopt the 2012 UPOC except for Domestic Battery, Cruelty to Animals and Smoking. Previously, the Council decided to exclude Domestic Battery from adoption in the UPOC. Cruelty to Animals is covered in the city code. By excluding smoking sections from adoption in the 2012 UPOC, the City smoking ordinance will remain in effect. Previously, Prostitution sections were excluded in the adoption of the UPOC because that was Item covered#9 in City Code. It is the opinion of the police and prosecutors that the reason for the City’s prostitution code section no longer exists. By adopting the proposed ordinance, prostitution violations will now be covered in the 2012 UPOC, and the City code’s provisions will be repealed. Adoption of the 2012 UPOC will legalize the transporting of a loaded firearm in an occupied vehicle because that prohibition was left out of the 2012 UPOC. If the ordinance is adopted as amended a new ordinance amending only those sections of the current smoking ordinance which staff believes are legally defective will be presented for consideration. With the amendments, those defective sections will be as strict as state law and those current sections which are as strict or stricter than state law will remain in effect. The City will continue to have its own smoking ordinance. Also, at the Police Chief’s request, a new ordinance which makes it unlawful to possess a firearm in the commission of certain misdemeanor crimes will be presented for consideration. In the opinion of the Police Chief, the effect of the new ordinance would help offset the elimination of the prohibition of the transportation of a loaded firearm in an occupied vehicle. STAFF RECOMMENDATION: Staff is requesting that the Governing Body move to adopt the ordinance as amended. BACKGROUND: The City’s standard practice is to adopt the most recent edition of the Uniform Public Offense Code for Kansas Cities (UPOC) as compiled and published by the League of Kansas Municipalities (LKM). The City is currently operating under the 2011 edition as provided in TMC 9.05.080. The LKM has now published the 2012 edition. This ordinance adopts the 2012 UPOC except for Section 3.1.1 pertaining to domestic battery and Section 11.11 pertaining to cruelty to animals. Domestic battery is excepted because those offenses are prosecuted by the district attorney. Cruelty to animals is excepted because the provisions related to that offense are in TMC Section 6.05.040. In previous years when adopting the latest edition of the UPOC, the City omitted the sections regarding smoking and prostitution. The smoking section was omitted because the City adopted a smoking ordinance as provided in TMC Chapter 8.20. K.S.A. 21-6114 provides that any city may regulate smoking within its boundaries so long as the city’s regulation is at least as strict as that imposed by the Kansas Indoor Clean Air Act. The City’s code section may not comply with that state requirement. This ordinance as originally proposed repeals the City’s code sections pertaining to smoking and adopts the equivalent of the Kansas Indoor Clean Air Act as contained in Section 10.24 of the UPOC. The prostitution section was omitted because the City adopted the prostitution offense and related offenses in TMC Section 9.45.120. Law enforcement and prosecutors agree the reason for adoption of the City code section no longer exists. Therefore, this ordinance repeals the City code section, and the UPOC’s provisions regarding prostitution are adopted. Additionally, the LKM opted to divide Section 10.1, Criminal Use of Weapons into two sections. One section pertains to criminal use of weapons and one section relates to the criminal carrying of weapons. When this was done, the provision regarding the transportation of a loaded firearm in an occupied vehicle was inadvertently left out (the LKM advises this omission will be corrected in the next edition of the UPOC). In prior years, this provision was in Section 10.1(a)(5). The omitted section is important for the protection of law enforcement officers. Thus, in Section 2 of the ordinance as originally proposed, transporting a loaded weapon in an occupied vehicle is adopted. This is the same offense as contained in previous adopted editions of the UPOC. BUDGETARY IMPACT: None SOURCE OF FUNDING: Not applicable. ATTACHMENTS: Ordinance Item #9  Attachment number 1 \nPage 1 1 (Published in the Topeka Metro News _______________________________________) 2 3 ORDINANCE NO. _____________ 4 5 AN ORDINANCE introduced by Jim Colson, City Manager, amending City of Topeka 6 Code § 9.05.080 and specifically repealing said original section, 7 repealing Chapter 8.20 and §9.45.120 in their entireties, as well as 8 creating § 9.05.090, all concerning the adoption of the 2012 9 Uniform Public Offense Code and amendments thereto. 10 11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TOPEKA, KANSAS: 12 13 Section 1. That section 9.05.080, Uniform Public Offense Code, of The Code 14 of the City of Topeka, Kansas, is hereby amended to read as follows: 15 Uniform Public Offense Code. 16 There is hereby incorporated by reference for the purpose of regulating public 17 offenses within the corporate limits of the city of Topeka, Kansas, that certain code 18 known as the Uniform Public Offense Code, Edition of 20112012, prepared and 19 published in book form by the League of Kansas Municipalities, Topeka, Kansas, save 20 and except Sections 3.1.1 (“Domestic Battery”), 4.3 (“Prostitution”), 4.4 (“Promoting 21 Prostitution”), 4.5 (“Patronizing a Prostitute”), 10.24 (“Smoking Prohibited”), 10.25 22 (“Smoking; Posting Premises”), 10.26 (“Smoking Prohibited; Penalties”) and 11.11 23 (“Cruelty to Animals”), which are specifically deleted and omitted. No fewer than three 24 copies of said Uniform Public Offense Code shall be marked or stamped “Official Copy 25 as adopted by Ordinance No. 19703_____,” with all sections or portions thereof 26 intended to be omitted or changed clearly marked to show any such omission or change 27 and to which shall be attached a copy of said ordinance and filed with the city clerk to 28 be open to inspection and available to the public at all reasonable hours. ORD/UPOC 2012 9/27/2012 1  Attachment number 1 \nPage 2 29 The Uniform Public Offense Code, Edition of 20112012, is hereby further 30 amended by adding the following exception to Section 10.6: 31 Exception: Operation of a bow and arrow is permitted in accordance with 32 the provisions set forth in TMC 6.05.070. 33 The Uniform Public Offense Code, Edition of 20112012, is hereby further 34 amended by adding the following exception to Section 10.5: 35 Exception: Discharge of a firearm is permitted in accordance with the 36 provisions set forth in TMC 6.05.070. 37 Section 2. That The Code of the City of Topeka, Kansas, is hereby amended 38 by adding a section, to be numbered 9.05.090, which said section reads as follows: 39 Criminal carrying of a weapon; transporting firearms. 40 (a) Article 10, OFFENSES AGAINST PUBLIC SAFETY, Section 10.1.1, 41 Criminal Carrying of a Weapon, of the 2012 UPOC is hereby amended with the 42 following additional language to subsection (a): 43 (5) Any firearm in an occupied motor vehicle, unless such firearm is 44 unloaded and encased in a container which completely encloses the firearm. 45 (b) This section, TMC 9.05.090(a)(5), may be referred to as UPOC 46 10.1.1(a)(5). 47 (c) This section is a class A violation. 48 (d) The exceptions set forth in UPOC 10.1.1 (d)(1 through 8) shall apply to 49 TMC 9.05.090(a)(5). ORD/UPOC 2012 9/27/2012 2  Attachment number 1 \nPage 3 50 Section 3. That Chapter 8.20, SMOKING IN PUBLIC PLACES AND PLACES 51 OF EMPLOYMENT (TMC § 8.20.010 through § 8.20.160), of The Code of the City of 52 Topeka, Kansas, is hereby repealed in its entirety. 53 Section 4. That section 9.45.120, Prostitution, sodomy, soliciting acts of 54 prostitution or sodomy, and establishment of prostitution elimination zones, of The Code 55 of the City of Topeka, Kansas, is hereby repealed. 56 Prostitution, sodomy, soliciting acts of prostitution or sodomy, and 57 establishment of prostitution elimination zones. 58 (a) Prohibited. It shall be unlawful within the corporate limits of the city for any person to 59 perform prostitution or sodomy, or solicit or agree with any other person to participate in 60 an act of prostitution or sodomy. A person is guilty of prostitution if the person: 61 (1) Regularly conducts sexual activity for money or other things of value in a house of 62 prostitution; or 63 (2) Engages in sexual activity for money or other things of value or offers or agrees to 64 engage in sexual activity for money or other things of value; or 65 (3) Loiters in or within view of any public place for the purpose of being hired to engage 66 in sexual activity; or 67 (4) Loiters in a prostitution elimination zone after being banned from such zone pursuant 68 to subsection (d) of this section, for the purpose of being hired to engage in sexual 69 activity. 70 (b) Definitions. For the purposes of this section, the following terms shall have the 71 meanings respectively ascribed to them: ORD/UPOC 2012 9/27/2012 3  Attachment number 1 \nPage 4 72 “Emergency circumstances” means the imminent death or serious bodily injury of a 73 person living with the person charged with violating this section, or the imminent death 74 or serious bodily injury of that person’s spouse, mother, father, siblings or children. 75 “Prostitution” means performing for hire, or offering or agreeing to perform for hire 76 where there is an exchange of value, any of the following acts: 77 (1) Sexual intercourse; 78 (2) Sodomy; or 79 (3) Manual or other bodily contact stimulation of the genitals of any person with the 80 intent to arouse or gratify the sexual desires of any person. 81 “Prostitution elimination zone” means the city block in which the person is arrested and 82 four adjacent city blocks in each direction surrounding the city block of the current arrest 83 for a violation of this section, which zone shall be specifically defined by the judge at the 84 time of pronouncing sentence for a conviction of this section. 85 “Public place” means any place to which the general public has access and a right to 86 resort for business, entertainment or other lawful purpose. 87 “Sodomy” means oral or anal copulation between persons who are not husband and 88 wife or consenting adult members of the opposite sex, or between a person and an 89 animal, or coitus with an animal. 90 “Solicit” means to approach another person with an offer of sexual services. 91 (c) On the issue of whether a place is a house of prostitution, the following shall be 92 admissible in evidence: 93 (1) The place’s general repute; 94 (2) The repute of the persons who reside in or frequent the place; ORD/UPOC 2012 9/27/2012 4  Attachment number 1 \nPage 5 95 (3) The frequency, timing and duration of visits by nonresidents of the place; and 96 (4) Prior convictions within one year of persons found in violation of this section while 97 within such place. 98 (d) Prostitution and sodomy, and solicitation of prostitution or sodomy, are 99 misdemeanors. Persons convicted of prostitution or sodomy, or solicitation of 100 prostitution or sodomy, shall be sentenced as follows: 101 (1) Upon a first conviction, the court shall impose a mandatory minimum jail sentence of 102 not less than 30 days, and order such person banned from the prostitution elimination 103 zone defined above for a period of one year unless they live in such zone or emergency 104 circumstances require their presence in such zone. The court shall also order a 105 presentence evaluation to be performed by a community-based alcohol and drug safety 106 action program certified in accordance with K.S.A. 8-1008, or another provider approved 107 by the court. The presentence evaluation report shall be made available to the court, the 108 defendant or defendant’s attorney and the prosecuting attorney, and shall be 109 considered by the court prior to sentencing. The presentence evaluation report shall 110 contain a history of the defendant’s prior criminal record, characteristics and alcohol or 111 drug problems, and a recommendation concerning the amenability of the defendant to 112 education, rehabilitation and mental health counseling. The cost of any education, 113 rehabilitation and treatment programs for any defendant shall be paid by the defendant, 114 and will be levied as costs in the action, but any assessment fee may be waived by the 115 court if the court finds that the defendant is an indigent person. If financial obligations 116 are not met or cannot be met, the sentencing court shall be notified for the purpose of 117 collection or review and further action on the defendant’s sentence. In lieu of a jail ORD/UPOC 2012 9/27/2012 5  Attachment number 1 \nPage 6 118 sentence, the court may sentence the person to a 30-day mandatory treatment program 119 deemed acceptable to the court. 120 (2) Upon a second conviction, the court shall impose a mandatory minimum jail 121 sentence of not less than 90 days and a 30-day mandatory treatment program deemed 122 acceptable to the court. The court shall also order such person banned from the 123 prostitution elimination zone defined above for a period of two years unless they live in 124 such zone or emergency circumstances require their presence in such zone. 125 (3) Upon a third or subsequent conviction, the court shall impose a mandatory minimum 126 jail sentence of not less than 150 days and a 30-day mandatory treatment program 127 deemed acceptable to the court. The court shall also order such person banned for a 128 period of five years from the prostitution elimination zone unless they live in such zone 129 or emergency circumstances require their presence in such zone. No person convicted 130 of a second or subsequent offense shall be eligible for probation or parole from the 131 mandatory minimum sentences established by this subsection. 132 Section 5. That original § 9.05.080 of The Code of the City of Topeka, Kansas, 133 is hereby specifically repealed. 134 Section 6. This ordinance shall take effect and be in force from and after its 135 passage, approval and publication in the official City newspaper. 136 Section 7. This ordinance shall supersede all ordinances, resolutions or rules, 137 or portions thereof, which are in conflict with the provisions of this ordinance. 138 Section 8. Should any section, clause or phrase of this ordinance be declared 139 invalid by a court of competent jurisdiction, the same shall not affect the validity of this 140 ordinance as a whole, or any part thereof, other than the part so declared to be invalid. 141 ORD/UPOC 2012 9/27/2012 6  Attachment number 1 \nPage 7 142 PASSED AND APPROVED by the Governing Body on ____________________. 143 144 CITY OF TOPEKA, KANSAS 145 146 147 148 __________________________________ 149 William W. Bunten, Mayor 150 ATTEST: 151 152 153 154 _______________________________ 155 Brenda Younger, City Clerk ORD/UPOC 2012 9/27/2012 7  A Capital City Government Working For You www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 November 14, 2012 Back Print DATE: December 4, 2012 CONTACT PERSON: Pam Simecka/Jay DOCUMENT #: Oyler SECOND PARTY/SUBJECT: US Bancorp PROJECT #: Government Leasing and Finance Inc. CATEGORY/SUBCATEGORY 007 Contracts and Amendments / 007 Leases - Other CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: APPROVAL of a Master Lease Purchase Agreement between the City of Topeka and US Bancorp Government Leasing and Finance Inc., for the purchase of police vehicles in the amount of $888,955.67. Voting Requirement: Majority vote of the Governing Body, including the Mayor. (Approval would allow the City Manager to execute the master lease purchase agreement. The agreement term is three (3) years with the first payment in the amount of $296,318.56 due November 30, 2013, and paid from the 2013 Police Department Operating Budget.) POLICY ISSUE: Approval would allow the Police Department to replace their aging fleet with new vehicles. This should reduce vehicle maintenance costs and down time. STAFF RECOMMENDATION: Staff is recommending the governing body move to approve the lease purchase agreement. BACKGROUND: As discussed during the 2013 budget discussions the Council approved the concept of acquiring police vehicles through a third party lease purchase agreement, utilitizing salary savings in the adopted police operating budget for 2013. Master Lease Purchase Agreement and Property Description and Payment Schedule (Exhibit 1).Item #10 Principal amount is $870,000 Interest Rate is 1.09% Total Interest $18,955.67 Term length 3 years in arrears, first payment due November 30, 2013 Annual payment is $296,318.56. BUDGETARY IMPACT: The Police Department operating budget for 2013 will pay the lease payment of $296,318.56. The Police Department will also request additional funding in 2014 and 2015 within their operating budget to make the final two payments on the lease. SOURCE OF FUNDING: Police Department operating budget. ATTACHMENTS: Summary Lease Purchase Agreement Item #10  Attachment number 1 \nPage 1 SUMMARY REPORT City of Topeka Lease Purchase Agreement with US Bancorp. The Lease Purchase Agreement that is being presented for governing body action is to fund the acquisition of new police vehicles. SPECIFIC LEASE INFORMATION Term: Three (3) Years in Arrears First Payment Due: December 7, 2013 Out Year Payments Due: December 7, 2014 and December 7, 2015 Payment Amount: $296,318.56 (principal and interest) Principal Amount: $870,000 Interest Rate: 1.09% Total Interest: $18,955.67 Total Payments: $888,955.67 (total principal and interest) During the 2013 budget discussions, the City Council directed staff to use up to $300,000 in 2013 police department salary savings to fund the acquisition of new police vehicles. The Council further directed staff to pursue lease purchase options. Contracts and Procurement solicited competitive lease purchase proposals. US Bancorp was the lowest responsible bidder offering 1.09% interest rate. The proposed lease purchase agreement contemplates a total principal of $870,000 to fund new police vehicles. Identical payments will be made on December 7, 2013 and on the same date in years 2014 and 2015. It is estimated that the principal amount will fund the acquisition of 27 to 34 new vehicles including emergency vehicle equipment necessary to equip the vehicles (emergency lighting, sirens, consoles, prisoner partitions, gun racks, etc.). The total number of vehicles purchased is dependent on the makes and models selected. The majority of the vehicles will be black and white patrol vehicles slated for front-line use. Attachment number 2 \nPage 1 o Attachment number 2 \nPage 2 o Attachment number 2 \nPage 3 o Attachment number 2 \nPage 4 o Attachment number 2 \nPage 5 o Attachment number 2 \nPage 6 o Attachment number 2 \nPage 7 o Attachment number 2 \nPage 8 o Attachment number 2 \nPage 9 o Attachment number 2 \nPage 10 Attachment number 2 \nPage 11 Attachment number 2 \nPage 12 Attachment number 2 \nPage 13 Attachment number 2 \nPage 14 Attachment number 2 \nPage 15 Attachment number 2 \nPage 16 Attachment number 2 \nPage 17 Attachment number 2 \nPage 18 Attachment number 2 \nPage 19 Attachment number 2 \nPage 20 Attachment number 2 \nPage 21 Attachment number 2 \nPage 22 Attachment number 2 \nPage 23 Attachment number 2 \nPage 24 Attachment number 2 \nPage 25 Attachment number 2 \nPage 26 Attachment number 2 \nPage 27 Attachment number 2 \nPage 28 Attachment number 2 \nPage 29 Attachment number 2 \nPage 30 Attachment number 2 \nPage 31 Attachment number 2 \nPage 32 Attachment number 2 \nPage 33  A Capital City Government Working For You www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 October 16, 2012 Back Print DATE: December 4, 2012 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 and Scrap Metal Dealers License Applications. Voting Requirement: Majority vote of the Governing Body, including the Mayor. (Pursuant to K.S.A. 41-2702, Retail Cereal Malt Beverage License application must be approved by the Governing Body prior to the issuance of the license. Pursuant to TMC 5.170.040 and L. 2011, Ch. 86, Section 2, Scrap Metal Dealer applications have to be approved by the governing body prior to issuance of registration.) 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 #11  A Capital City Government Working For You www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 October 16, 2012 Back Print DATE: December 4, 2012 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 16, 2012 Back Print DATE: December 4, 2012 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 October 16, 2012 Back Print DATE: December 4, 2012 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 October 16, 2012 Back Print DATE: December 4, 2012 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