City Council Meeting

A Capital City Serving You www.topeka.org City Council Agenda City Council Chambers 214 SE 8th Street Topeka, Kansas 66603 November 5, 2013 6:00 PM Mayor: Larry E. Wolgast Councilmembers Karen A. Hiller District No. 1 Chad Manspeaker District No. 6 John Campos II District No. 2 Elaine Schwartz District No. 7 Sylvia E. Ortiz District No. 3 Nathan Schmidt District No. 8 Denise Everhart District No. 4 Richard Harmon District No. 9 Michelle De La Isla 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: "None scheduled at this time." 2. PRESENTATIONS: "Legislative Agenda Update" 3. ROLL CALL: 4. CONSENT AGENDA: A. MINUTES of the regular meeting of October 22, 2013 B. APPLICATIONS: 5. NEW BUSINESS: A. 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. (Retail Cereal Malt Beverage License applications and Scrap Metal Dealer applications must be approved by the governing body prior to issuance of the licenses.) 6. FIRST READINGS: A. Charter Ordinance - Meeting Schedule and First Readings ATTACHMENTS A CHARTER ORDINANCE introduced by City Manager Jim Colson, amending Charter Ordinances codified at Topeka Municipal Code Sections A2-26, A2-30 and Section A2-55, all concerning council meetings, agendas and readings. First Reading. Voting Requirement: Two-thirds vote of the Governing Body, including the Mayor. (Approval would establish a calendar year schedule for Council Meetings with a minimum of two (2) meetings each month, and eliminate "first readings" of ordinances.) B. Ordinance - Council Meeting Schedule ATTACHMENTS AN ORDINANCE introduced by City Manager Jim Colson, amending City of Topeka Code Sections 2.15.020 through 2.15.040, 2.15.070, 2.15.080, 3.55.060, 5.20.080 and Section 5.55.120 concerning meetings of the City Council and  specifically repealing said original sections. First Reading. (Approval would reduce the number of Council meetings per month and eliminate the need for a cover memo to add additional items to an agenda.) C. Ordinance - Service Monkeys ATTACHMENTS AN ORDINANCE introduced by Councilmember Denise Everhart, concerning exotic and wild animals, amending City of Topeka Code Section 6.05.060 and specifically repealing said original section. First Reading. (Approval would allow Capuchin monkeys within city limits that are trained to assist disabled persons living with permanent mobility impairments.) D. Ordinance - Miller's Glen Development Co., LLC - Annexation ATTACHMENTS AN ORDINANCE introduced by City Manager Jim Colson, annexing land to the City of Topeka, Kansas, in accordance with K.S.A. 12-520, generally located on the west side of Indian Hills Road approximately 1,340 feet south of the intersection of SW 21st Street and Indian Hills Road, within unincorporated Shawnee County, Kansas and adjacent to the City of Topeka corporate limits, and said land being annexed for all City purposes. First Reading. (A13/2) (Council District No. 8) Voting Requirement: Majority vote of the Governing Body, including the Mayor. (Approval would allow a 15.95-acre tract with street right-of-way intended for a single- family subdivision to be annexed and made part of the City of Topeka and Council District No. 8.) 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, 2013 Back Print DATE: November 5, 2013 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, 2013 Back Print DATE: November 5, 2013 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, 2013 Back Print DATE: November 5, 2013 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 September 30, 2013 Back Print DATE: November 5, 2013 CONTACT PERSON: DOCUMENT #: SECOND PARTY/SUBJECT: PROJECT #: CATEGORY/SUBCATEGORY CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: "Legislative Agenda Update" 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, 2013 Back Print DATE: November 5, 2013 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 30, 2013 Back Print DATE: November 5, 2013 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 #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, 2013 Back Print DATE: November 5, 2013 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 September 30, 2013 Back Print DATE: November 5, 2013 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. (Retail Cereal Malt Beverage License applications and Scrap Metal Dealer applications must be approved by the governing body prior to issuance of the licenses.) POLICY ISSUE: Approval helps ensure businesses are in compliance with City regulations. STAFF RECOMMENDATION: Staff recommends the Governing Body move to approve the license application(s) as presented. 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. 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. BUDGETARY IMPACT: Budgetary impact is based on the number of licenses issued. SOURCE OF FUNDING: City Clerk's Operating Budget ATTACHMENTS: Item #8 No Attachments Available  A Capital City Government Working For You www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 October 16, 2013 Back Print DATE: November 5, 2013 CONTACT PERSON: Mary Feighny, Deputy DOCUMENT #: City Attorney SECOND PARTY/SUBJECT: PROJECT #: CATEGORY/SUBCATEGORY 013 Ordinances - Codified / 159 Charter CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: A CHARTER ORDINANCE introduced by City Manager Jim Colson, amending Charter Ordinances codified at Topeka Municipal Code Sections A2-26, A2-30 and Section A2-55, all concerning council meetings, agendas and readings. First Reading. Voting Requirement: Two-thirds vote of the Governing Body, including the Mayor. (Approval would establish a calendar year schedule for Council Meetings with a minimum of two (2) meetings each month, and eliminate "first readings" of ordinances.) POLICY ISSUE: Approval would provide more flexibility by allowing Council meetings to be tailored to the needs of the Council and staff by establishing a calendar year schedule of meetings, with a minimum of 2 meetings each month. The elimination of the "first readings" requirement for ordinances would improve the efficiency in passing municipal law. STAFF RECOMMENDATION: Staff recommends the Governing Body move to adopt the charter ordinance. BACKGROUND: The current charter ordinance requires that Council establish a 2-year schedule of meeting dates and times in April of each city election year, with a minimum of 2 meetings each month. The charter ordinance also requires that all ordinances be read by title two times before passage and that there be at least 1 week between the first and the second reading. Item #9 The charter ordinance will be published for two (2) consecutive weeks in the Topeka Metro Newspaper with a 60 day protest period starting after the 2nd publication. Due to the protest period the charter ordinance would not be effective until the end of January 2014. BUDGETARY IMPACT: There would be no budgetary impact to the City. SOURCE OF FUNDING: Not applicable ATTACHMENTS: Charter Ordinance Item #9  Attachment number 1 \nPage 1 1 (Published in the Topeka Metro News _________________ and _______________). 2 3 CHARTER ORDINANCE NO. __________ 4 5 A CHARTER ORDINANCE introduced by City Manager Jim Colson amending Charter 6 Ordinances codified at TMC § A2-26, § A2-30 and § A2-55, 7 all concerning council meetings, agendas and readings. 8 9 NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE 10 CITY OF TOPEKA, KANSAS, THAT: 11 Section 1. Section A2-26, Organization of council, as established by Charter 12 Ordinance No. 94, is hereby amended to read as follows: 13 Organization of councilMeetings; Deputy mayor. 14 At its first regular meeting after a city election, the Council shall: 15 (1) Establish by ordinary ordinance a regular schedule of meeting times and 16 dates for the next two (2) years. Such schedule shall provide for no fewer than two (2) 17 meetings each month. 18 (2) Elect a Deputy Mayor from among its members to serve a one (1) year term. 19 At the first regular Council meeting in April of the succeeding year, the Council shall 20 elect from among its members a deputy mayor to serve for the second year. This term 21 shall also be for one (1) year. The Deputy Mayor shall serve in the absence or 22 temporary disability of the Mayor. 23 (a) The Council shall establish, by ordinance, a meeting schedule for each 24 calendar year, with a minimum of two meetings each month. 25 (b) In April of each year, the Council shall elect a councilmember to serve as 26 deputy mayor in the absence or temporary disability of the mayor. The deputy mayor 27 shall serve for one (1) year. CH ORD/Council meetings, agendas, readings 10/8/2013 1  Attachment number 1 \nPage 2 28 Section 2. Section A2-30, Council rules of procedure, as established by 29 Charter Ordinance No. 110, is hereby amended to read as follows: 30 Council rules of procedure. 31 (a) Meetings. The Council shall meet regularly at least twice in every month at 32 times and places as the Council may prescribe by ordinary ordinance. Special meetings 33 may be held on the call of the Mayor or of four (4) or more district Councilmembers in 34 the manner prescribed by rules of the Council. 35 (b) Rules and journal. The Council shall determine its own rules and order of 36 business and shall provide for keeping a journal of its proceedings. 37 (c) Voting. Five (5) members of the Council shall constitute a quorum. All 38 actions by the Council shall be taken by the affirmative vote of five (5) or more members 39 of the Council, unless a greater or lesser number of votes is required by this Charter 40 Ordinance, by the Statutes of Kansas, or by the Constitution of Kansas. The votes of all 41 Councilmembers shall be recorded in the journal. 42 (d) Form. Proposed ordinary ordinances and resolutions shall be introduced 43 in the Council only in written or printed form. No ordinary ordinance shall contain more 44 than one subject which shall be clearly expressed in its title. The enacting clause of all 45 ordinary ordinances shall be: “Be it Ordained by the Council of the City of Topeka, 46 Kansas:”. Any ordinary ordinance which repeals or amends an existing ordinary 47 ordinance or part of the Code of Ordinances of the city shall set out in full the sections 48 or subsections to be repealed or amended, and shall indicate matter to be omitted by 49 enclosing it in brackets or by strikeout type and shall indicate new matter by 50 underscoring or by italics. CH ORD/Council meetings, agendas, readings 10/8/2013 2  Attachment number 1 \nPage 3 51 (e) Procedure. Except in the case of emergency ordinances, and except 52 where Kansas Statutes or other applicable law provides a different procedure for 53 passage of ordinances for a specific purpose, every proposed ordinary ordinance shall 54 be read by title in open a Council meeting two (2) times before final passage, and at 55 least one (1) week shall elapse between introduction and final passageAll ordinances 56 shall be considered at a Council meeting. A copy of each proposed ordinary ordinance 57 shall be provided for each district Councilmember and the Mayor at the time of its 58 introduction, and at least three (3) copies shall be provided for public inspection in the 59 office of the City Clerk or such other city officer as the Council may designate until it is 60 finally adopted or fails of adoption. Persons interested in a proposed ordinary ordinance 61 shall be given an opportunity to be heard before the Council in accordance with such 62 rules and regulations as the Council may adopt. If the Council adopts an amendment to 63 a proposed ordinary ordinance which constitutes a change in substance, the proposed 64 ordinary ordinance as amended shall be placed on file for public inspection in the office 65 of the City Clerk or such other appointive officer as the Council may designate for one 66 (1) additional week before final passage. 67 (f) Emergency ordinances. An ordinary ordinance may be passed as an 68 emergency measure on the day of its introduction if it contains a declaration describing 69 in clear and specific terms the facts and reasons constituting the emergency. Neither an 70 ordinance granting, reviewing, or extending a franchise, nor a Charter Ordinance, shall 71 be passed as an emergency ordinance. 72 (g) Publication. The City Clerk or such other city officer as the Council may 73 designate shall cause all ordinary ordinances, including but not limited to emergency CH ORD/Council meetings, agendas, readings 10/8/2013 3  Attachment number 1 \nPage 4 74 ordinances, as soon as practicable after they have been passed and signed, to be 75 published once in the official city newspaper, unless Kansas Statutes or other 76 applicable law require more publications. In lieu of publication of the entire ordinance, 77 the City Clerk may publish a summary of the ordinance provided all of the following 78 requirements are met: 79 (1) The publication is identified as a “summary” and contains notice 80 that the complete text of the ordinance may be obtained or viewed free of charge 81 at the City Clerk’s office or on the city’s website. 82 (2) The City Attorney certifies the summary of the ordinance prior to 83 publication to ensure that the summary is legally accurate and sufficient. 84 (3) The publication contains the city’s official website address where a 85 reproduction of the original ordinance is available for at least ninety days 86 following the summary publication in the newspaper. 87 (4) If an ordinance is subject to a petition pursuant to state law, the 88 summary shall contain a statement to that effect. 89 (h) Effective date. Except in the case of emergency ordinances, and except 90 where Kansas Statutes otherwise specify, every adopted ordinary ordinance shall 91 become effective upon its publication pursuant to subsection (g) or at any later date 92 specified therein. Emergency ordinances shall become effective upon passage or at any 93 later date specified therein. 94 (i) Signature, authentication and recording. All ordinary ordinances and 95 resolutions passed or adopted by the Council shall be authenticated by the signatures 96 of the Mayor and City Clerk or such other appointive officer as the Council may CH ORD/Council meetings, agendas, readings 10/8/2013 4  Attachment number 1 \nPage 5 97 designate. The City Clerk or such other appointive officer as the Council may designate 98 shall record in a properly indexed “Ordinance Book” kept for the purpose of every 99 ordinary ordinance, immediately after its publication, or in the case of emergency 100 ordinances immediately after passage. 101 Section 3. Section A2-55, Duties, as established by Charter Ordinance No. 94, 102 is hereby amended to read as follows: 103 Duties. 104 The City Manager shall have the power and it shall be his or her duty: 105 (a) To execute and enforce all laws and ordinances and policies of the 106 Council and to administer the affairs of the city. 107 (b) To sign all contracts binding the city, unless Council approval of the 108 contract or subject matter is required by city ordinance or resolution, state or federal 109 law, or other city officers or employees are specifically authorized by ordinance to 110 approve and sign the contracts. This authority is subject to all legal and administrative 111 reviews and approvals otherwise required by city ordinance. 112 (c) To attend all meetings of the Council, and its committees, unless excused, 113 and such meetings of boards and commissions as he or she chooses or which he or 114 she is directed to attend by the Council, and to participate in discussions at such 115 meetings. 116 (d) To recommend to the Council such measures and ordinances as he or 117 she may deem necessary or expedient and to make such other recommendations to the 118 Council concerning the affairs of the city as he or she finds desirable. 119 (e) To investigate affairs of the city under his or her supervision, or any CH ORD/Council meetings, agendas, readings 10/8/2013 5  Attachment number 1 \nPage 6 120 franchise or contract for the proper performance of any obligation running to the city 121 within his or her jurisdiction. 122 (f) To control and administer the financial affairs of the city. 123 (g) To prepare an annual budget for submission to the Council. 124 (h) To prepare or cause to be prepared the plans, specifications, and 125 contracts for work which the Council may order. 126 (i) To supervise the purchasing of materials and supplies and to make 127 recommendations to the Council in connection with the awarding of public contracts and 128 to see that all city contracts under his or her direction or that of the Council are faithfully 129 performed. 130 (j) To prepare and submit to the Council such reports as it may require or 131 that the City Manager deems appropriate. 132 (k) To keep the Council at all times fully advised as to the financial condition 133 and needs of the city. 134 (l) To prescribe such general rules and regulations as he or she may deem 135 necessary or expedient to the general conduct of the administrative departments under 136 his or her jurisdiction. 137 (m) When directed by the Council, to represent the city in its 138 intergovernmental relations and to negotiate contracts for joint governmental actions, 139 subject to Council approval. 140 (n) To devote his or her entire time to the duties and interest of the city. 141 (o) To perform such other duties as may be prescribed by this Charter 142 Ordinance or by ordinance or resolution. CH ORD/Council meetings, agendas, readings 10/8/2013 6  Attachment number 1 \nPage 7 143 (p) To provide the Council by February 28 with a written report of the city’s 144 financial condition and administrative activities for the prior fiscal year. 145 (q) To recommend organization of departments and divisions in the most 146 efficient and economical manner. 147 (r) To prepare the agenda for the conduct of business at Council meetings. 148 Section 4. This Ordinance shall be published once each week for two (2) 149 consecutive weeks in the official City newspaper. 150 Section 5. This Charter Ordinance shall take effect sixty-one (61) days after 151 final publication unless a sufficient petition for a referendum is filed and a referendum 152 held on this Charter Ordinance as provided in Article 12, Section 5, Subdivision (c)(3), 153 of the Kansas Constitution, in which case this Charter Ordinance shall become effective 154 if approved by a majority of the electors voting therein. 155 Section 6. Upon the effective date of this Charter Ordinance, this Charter 156 Ordinance shall be recorded by the City Clerk in a book maintained for such purposes 157 with a statement of the manner of adoption and a certified copy shall be filed with the 158 Secretary of State of the State of Kansas. 159 Section 7. That sections of Charter Ordinance as codified in Topeka City Code 160 TMC § A2-26, § A2-30 and § A2-55 are hereby specifically repealed. 161 CH ORD/Council meetings, agendas, readings 10/8/2013 7  Attachment number 1 \nPage 8 162 PASSED AND APPROVED by the Governing Body on ____________________. 163 CITY OF TOPEKA, KANSAS 164 165 166 167 ________________________________ 168 Larry E. Wolgast, Mayor 169 ATTEST: 170 171 172 173 _______________________________ 174 Brenda Younger, City Clerk STATEMENT OF MANNER OF ADOPTION OF FOREGOING The foregoing Charter Ordinance No. _____ was passed on the _____ day of _____________, 2013, as shown by the minutes, Book _____ Page _____, by a vote of _____ for and _____ against, being not less than two-thirds (2/3) of the members-elect of the governing body, published in the Topeka Metro News, the official city newspaper, on the _____ day of _________, 2013, and on the _____ day of __________, 2013, being once each week for two (2) consecutive weeks, and there being no petition demanding a referendum filed with the City Clerk within sixty (60) days after the final publication, said Charter Ordinance took effect on the _____ day of _________, 2013. ________________________________ Brenda Younger, City Clerk CH ORD/Council meetings, agendas, readings 10/8/2013 8  Attachment number 1 \nPage 9 CERTIFICATE CITY OF TOPEKA ) COUNTY OF SHAWNEE ) ss: STATE OF KANSAS ) I, Brenda Younger, City Clerk of the City of Topeka, County of Shawnee, State of Kansas, do hereby certify that the above and foregoing, consisting of ___ typewritten pages, including the page upon which this Certificate is written, is a full true and correct copy of Charter Ordinance No. _______ of the said City of Topeka, that all acts and things required by Article 12, Section 5 of the Constitution of the State of Kansas were done and performed in the manner and within the time prescribed and that said Ordinance became effective on the _____ day of ______________, 2013. _____________________________ Brenda Younger, City Clerk CH ORD/Council meetings, agendas, readings 10/8/2013 9  A Capital City Government Working For You www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 October 16, 2013 Back Print DATE: November 5, 2013 CONTACT PERSON: Mary Feighny, Deputy DOCUMENT #: City Attorney SECOND PARTY/SUBJECT: CIty Council Meetings PROJECT #: CATEGORY/SUBCATEGORY 013 Ordinances - Codified / 002 Administration CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: AN ORDINANCE introduced by City Manager Jim Colson, amending City of Topeka Code Sections 2.15.020 through 2.15.040, 2.15.070, 2.15.080, 3.55.060, 5.20.080 and Section 5.55.120 concerning meetings of the City Council and specifically repealing said original sections. First Reading. (Approval would reduce the number of Council meetings per month and eliminate the need for a cover memo to add additional items to an agenda.) POLICY ISSUE: Whether to reduce the number of Council meetings from four to three Tuesdays each month so that the remaining meetings can be restructured to focus on more in-depth discussion. Whether to eliminate cover memos which are now required for additions to the agenda made at the Council meeting so that additions can be made more easily. STAFF RECOMMENDATION: Staff recommends the Council move to adopt the ordinance. BACKGROUND: The current schedule of Council meetings is four Tuesdays each month 'for the purpose of conducting the business of the city.' This verbiage has been interpreted to mean that Tuesday meetings are meetings where action is taken. Council Rules of Procedure establish a rigid format for Tuesday meetings (e.g., consent agenda, first readings, planning matters) The proposed amendment will reduce the number of meetings to three Item #10 and remove the restriction of 'conducting the business of the city.' This will facilitate meetings where discussion is encouraged and no action is taken. Additionally, the requirement of cover memos will be eliminated. Currently, if a Council member wants to add an item to the agenda that evening, he/she has to provide a 'cover memo' with the item explaining the need. The item is added only if the Council approves. The change will allow the city manager or Council person to add an item to the agenda at Council meetings unless a majority of the Council objects. BUDGETARY IMPACT: There is no budgetary impact to the City. SOURCE OF FUNDING: Not Applicable ATTACHMENTS: Ordinance Item #10  Attachment number 1 \nPage 1 1 (Published in the Topeka Metro News _______________________________________) 2 3 ORDINANCE NO. _____________ 4 5 AN ORDINANCE introduced by City Manager Jim Colson, amending City of Topeka 6 Code § 2.15.020 through § 2.15.040, § 2.15.070, § 2.15.080, § 7 3.55.060, § 5.20.080 and § 5.55.120 concerning meetings of the 8 City Council and specifically repealing said original sections. 9 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TOPEKA, KANSAS: 11 12 Section 1. That section 2.15.020, Time of council meetings – To be open to 13 the public, of The Code of the City of Topeka, Kansas, is hereby amended to read as 14 follows: 15 Time of council meetings – To be open to the public. 16 (a) The council shall, for the period of April 30, 2013, to April 28, 2015, meet 17 in the council chambers/municipal court complex on the second floor of the municipal 18 building, the first four three Tuesdays of each month at 6:00 p.m. for the purpose of 19 conducting the business of the city. 20 (b) Notwithstanding subsection (a) of this section, when the date of a regular 21 meeting falls on a legal holiday or any city primary or general election, the meeting may 22 be rescheduled to another day fixed in advance by the council. 23 (c) Notwithstanding subsection (a) of this section, a council meeting may be 24 canceled under any of the following circumstances; provided, that the number of council 25 meetings in a month is not less than that required by Appendix A, Section A2-26: 26 (1) By a majority vote of the council; 27 (2) When the mayor, with the concurrence of the deputy mayor, 28 determines that special circumstances exist, including but not limited to 29 the scheduling of a special event or a lack of agenda items; or ORD/Council Procedures 8/19/2013 1  Attachment number 1 \nPage 2 30 (3) By the city manager in the event of inclement weather. 31 Section 2. That section 2.15.030, Preparation of agenda, of The Code of the 32 City of Topeka, Kansas, is hereby amended to read as follows: 33 Preparation of agenda. 34 The city manager shall prepare the agenda for all council meetings. The city clerk 35 is hereby authorized and directed toshall prepare and circulate the agenda ofcontaining 36 the items of business to be transactedconsidered by the council at each regular 37 meeting. Arrangements may be made with the city clerk to mail or deliver the agenda 38 each week to any person for an annual fee to be set during the yearly budget process. 39 The fee may be waived at the discretion of the city clerk. 40 Section 3. That section 2.15.040, Adding items, of The Code of the City of 41 Topeka, Kansas, is hereby amended to read as follows: 42 Adding items. 43 Items may be added to the agenda only at regular Tuesdaycouncil meetings. The 44 item to be added shall be introduced at the beginning of the official meeting by the city 45 clerk. The councilmember(s) or the city manager who wishes to have an item added to 46 the agenda shall submit a cover letter with the item explaining explain the necessity for 47 adding the item, and the item shall only be added if its addition is approved by a 48 majority vote of unless there is an objection by a majority of the city council. 49 Section 4. That section 2.15.070, Veto procedures, of The Code of the 50 City of Topeka, Kansas, is hereby amended to read as follows: 51 Veto procedures. 52 (a) General Procedures. ORD/Council Procedures 8/19/2013 2  Attachment number 1 \nPage 3 53 (1) The mayor, following council adoption of an ordinance or resolution, 54 legislative in nature, may, on or before the next regular council meeting where 55 formal council action may take place, exercise veto authority as provided for in 56 Charter Ordinance No. 94 as amended or as otherwise provided by law. If the 57 veto authority is not so exercised, the ordinance shall then take effect without the 58 mayor’s signature. If the mayor fails to exercise the veto authority and fails to 59 sign the ordinance on or before the next regular council meeting where formal 60 council authority may be exercised, the city clerk shall endorse at the end of the 61 ordinance, as entered in the ordinance book, that it took effect without the 62 signature of the mayor. 63 (2) Neither the deputy mayor, any councilmember, or any other person 64 shall have the authority to exercise the mayor’s veto authority over legislative 65 ordinances or resolutions. 66 (3) If the mayor exercises veto authority, the veto shall be established 67 by a written statement giving the objections and reasons therefor. The statement 68 of objection shall be presented to each councilmember, whereupon the 69 councilmembers shall have 30 days to override the mayor’s veto as provided for 70 in Charter Ordinance No. 98 as amended or as otherwise provided by law. 71 (4) The question to override may be placed before the council, whether 72 or not on the formal agenda, by any member of the council. 73 (b) Line Item Veto Procedures. 74 (1) The mayor, following council adoption of an ordinance containing 75 items of appropriations, may on or before the next regular council meeting where ORD/Council Procedures 8/19/2013 3  Attachment number 1 \nPage 4 76 formal council action may take place exercise line item veto authority as provided 77 for in Charter Ordinance No. 94 as amended or as otherwise provided by law. If 78 the veto authority is not so exercised, the ordinance shall then take effect without 79 the mayor’s signature. If the mayor fails to exercise veto authority and fails to 80 sign the ordinance on or before the next regular council meeting where formal 81 council authority may be exercised, the city clerk shall endorse at the end of the 82 ordinance, as entered in the ordinance book, that it took effect without the 83 signature of the mayor. 84 (2) If the ordinance contains more than one item of appropriation of 85 money, the mayor may veto one or more of such items, while approving the other 86 portions of the ordinance. 87 (3) Neither the deputy mayor, any councilmember, or any other person 88 shall have the authority to exercise the mayor’s veto authority over appropriations 89 ordinances. 90 (4) If the mayor exercises veto authority, the veto shall be established 91 by a written statement giving objections as to each item vetoed, and reasons 92 therefor. The statement of objection shall be presented to each councilmember, 93 whereupon the councilmembers shall have 30 days to override the mayor’s veto 94 as provided for in Charter Ordinance No. 98 as amended or as otherwise 95 provided by law. 96 (5) The question to override may be placed before the council, whether 97 or not on the formal agenda, by any member of the council. ORD/Council Procedures 8/19/2013 4  Attachment number 1 \nPage 5 98 (c) Veto Authority. Substantial compliance by the mayor with the procedures 99 stated in this section shall be deemed an effective exercise of veto authority. 100 Section 5. That section 2.15.080, Filling of vacancies in the office of mayor or 101 councilmember, of The Code of the City of Topeka, Kansas, is hereby amended to read 102 as follows: 103 Filling of vacancies in the office of mayor or councilmember. 104 Subject to city of Topeka Charter Ordinance No. 94, as amended, the following 105 process shall be followed when filling vacancies in the offices of mayor or 106 councilmember: 107 (a) Within one week of a vacancy in the office of mayor or councilmember, the 108 city clerk shall cause to be published in the official city newspaper a notice that 109 applications are being sought for the filling of the open position. 110 (b) The deadline for applications shall be at 5:00 p.m. on the day two weeks 111 from the date of publication of the notice for the office of councilmember and four weeks 112 from the date of publication of the notice for the office of mayor. Applications shall be 113 submitted to the city clerk. 114 (c) The application shall include the following information: 115 (1) A statement of qualifications and personal background. 116 (2) A statement addressing why the applicant wishes to serve in the 117 office of mayor or councilmember (as applicable). 118 (3) A statement addressing what the applicant sees as the number one 119 problem facing Topeka city government and how the applicant would seek to 120 address the problem if chosen to serve. ORD/Council Procedures 8/19/2013 5  Attachment number 1 \nPage 6 121 (d) Application for the office of mayor shall include the $100.00 filing fee or a 122 petition signed by 100 qualified electors of the city or one percent of the cast vote in the 123 last city general election. Application for the office of district councilmember shall 124 include the $50.00 fee or a petition signed by 50 qualified electors of the council district. 125 (e) Unless an alternative date and/or time is established by the city council, 126 the council shall interview each applicant at the next regular council meeting following 127 the application deadline. 128 (f) At least one day prior to the interview date, the mayor and 129 councilmembers may each submit one question to be asked of all applicants during the 130 interviews. 131 (g) Interviews shall be conducted in the order that applications are received. 132 (h) Interviews shall consist of an opening statement by the applicant and the 133 asking and answering of all submitted questions. 134 (i) At the conclusion of the interviews the city council may conduct an 135 election to fill the vacant position, subject to the following rules: 136 (1) The election shall be conducted only during a regular city council 137 meeting. The election may be deferred to a subsequent meeting upon approval 138 by the city council of an appropriate motion. In no event shall an election be 139 deferred later than the next regular city council meeting. 140 (2) Each councilmember and the mayor shall vote for one person on 141 each ballot by indicating in writing his or her choice and signing the ballot before 142 submitting it to the city clerk. 143 (3) The city clerk shall read the result of each ballot. ORD/Council Procedures 8/19/2013 6  Attachment number 1 \nPage 7 144 (4) Balloting shall end any time one applicant receives five votes. 145 (5) If no applicant receives five votes in the final ballot, additional 146 ballots shall be cast until one of the applicants receives five votes or the matter is 147 deferred until a date certain, which shall not be later than the next regular council 148 meeting. 149 (6) The council and mayor may confer after any ballot in any manner 150 consistent with the Kansas Open Meetings Act. 151 Section 6. That section 3.55.060, Notice and hearing, of The Code of the City 152 of Topeka, Kansas, is hereby amended to read as follows: 153 Notice and hearing. 154 No tax exemption shall be granted by the city prior to a public hearing thereon. 155 Notice of the public hearing shall be published at least seven days prior to the hearing in 156 the official city newspaper, giving the time and place thereof, and the hearing may be 157 held at a regular or special meeting of the council. The city clerk shall thereupon notify 158 the board of county commissioners, the superintendent of the appropriate school 159 district, and the clerk of any other taxing jurisdiction, excluding the state, which derives 160 or could derive property taxes from the affected business, advising them of the 161 scheduled public hearing and inviting their review and comment. Upon request, the city 162 clerk shall provide any such public agency with a copy of the application. The applicant 163 business shall be invited, but not required, to attend the public hearing. 164 Section 7. That section 5.20.080, Cancellation and suspension of The Code of 165 the City of Topeka, Kansas, is hereby amended to read as follows: 166 Cancellation and suspension. ORD/Council Procedures 8/19/2013 7  Attachment number 1 \nPage 8 167 (a) Any person holding a license issued under this article shall be responsible 168 for the manner and method of operating or carrying on their business, and the chief of 169 police upon information and after investigation shall have power to suspend the license 170 if in the chief’s opinion the business or enterprise is conducted in such a manner as to 171 constitute a nuisance within the meaning of subsection (c) of this section and that the 172 commodities sold or the services rendered are unlawful or the business or enterprise is 173 operated or carried on in such a manner as to disturb the peace of the community, or in 174 such a manner as to impair the value of any property of any person residing in or doing 175 business in the city. Before any suspension order shall become effective, a written 176 notice of such order shall be delivered by the chief of police to the person so operating 177 or carrying on such business or enterprise. The service by the chief of police upon any 178 person in charge of such business or enterprise or upon any agent of any person who is 179 in charge of such business or enterprise or any person in charge of or agent for the 180 person who is in charge of the premises on which the business or enterprise is 181 operated, shall be deemed sufficient service, and upon completion of the service the 182 license is suspended until further order of the council. 183 The chief of police shall be sole judge as to whether the manner, means, 184 method, operation or carrying on of the business or enterprise or the commodity sold by 185 the person is such that the same constitutes a nuisance for the purpose of the 186 suspension order. 187 (b) After the license has been suspended by the chief of police, the chief shall 188 immediately report such fact to the council. At the next regular meeting of the council, 189 the license may be reinstated or cancelled by the council, and the council may receive ORD/Council Procedures 8/19/2013 8  Attachment number 1 \nPage 9 190 any information other than that furnished by the chief of police, or the council may order 191 the chief of police to make further investigation before acting on the matter of the 192 cancellation of the license. 193 (c) For the purpose of this section, a “nuisance” shall be defined to be any act 194 done or permitted to be done by any person in the city, which act is intended to or does 195 disturb any person or destroy or impair any property right of any person in the city, or 196 engaging in any unlawful enterprise. 197 Section 8. That section 5.55.120, Inspection approval – Appeals, of The Code 198 of the City of Topeka, Kansas, is hereby amended to read as follows: 199 Inspection approval – Appeals. 200 If an application or reapplication for a general retailer’s license is not certified as 201 provided in TMC 5.55.100 and 5.55.110, the applicant may appeal the decision of the 202 inspector to the city council by filing a written notice of appeal with the office of the city 203 clerk within 10 days after receiving written notification of nonconformity with the 204 applicable laws and regulations. Such notice of appeal shall be insufficient unless it 205 states the grounds for such appeal. The city council shall hear such appeal at a regular 206 meeting thereof within 10 days following receipt of the notice of appeal. All interested 207 parties shall have an opportunity to present evidence and argument. The appellant shall 208 have the burden of proof. Following presentation of evidence and comment by all 209 interested parties, the city council shall make a determination as to whether the 210 applicant has violated the applicable laws and regulations as stated in the written 211 notification of nonconformance. If the city council decides that the applicant is in 212 violation of such laws and regulations, the application or reapplication for a license shall 213 be denied. ORD/Council Procedures 8/19/2013 9  Attachment number 1 \nPage 10 214 Section 9. That original § 2.15.020 through § 2.15.040, § 2.15.070, § 215 2.15.080, § 3.55.060, § 5.20.080 and § 5.55.120 of The Code of the City of Topeka, 216 Kansas, are hereby specifically repealed. 217 Section 10. This ordinance shall take effect and be in force from and after its 218 passage, approval and publication in the official City newspaper. 219 Section 11. This ordinance shall supersede all ordinances, resolutions or rules, 220 or portions thereof, which are in conflict with the provisions of this ordinance. 221 Section 12. Should any section, clause or phrase of this ordinance be declared 222 invalid by a court of competent jurisdiction, the same shall not affect the validity of this 223 ordinance as a whole, or any part thereof, other than the part so declared to be invalid. 224 PASSED AND APPROVED by the City Council on ______________________. 225 226 CITY OF TOPEKA, KANSAS 227 228 229 230 __________________________________ 231 Larry E. Wolgast, Mayor 232 ATTEST: 233 234 235 236 ____________________________ 237 Brenda Younger, City Clerk ORD/Council Procedures 8/19/2013 10  A Capital City Government Working For You www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 October 16, 2013 Back Print DATE: November 5, 2013 CONTACT PERSON: Denise Everhart, DOCUMENT #: Councilmember SECOND PARTY/SUBJECT: Service Monkeys PROJECT #: CATEGORY/SUBCATEGORY 013 Ordinances - Codified / 018 Animals CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: AN ORDINANCE introduced by Councilmember Denise Everhart, concerning exotic and wild animals, amending City of Topeka Code Section 6.05.060 and specifically repealing said original section. First Reading. (Approval would allow Capuchin monkeys within city limits that are trained to assist disabled persons living with permanent mobility impairments.) POLICY ISSUE: Whether to exempt service monkeys from the prohibition on keeping exotic animals so that disabled individuals can benefit from the monkey's assistance. STAFF RECOMMENDATION: Staff recommends the Council move to adopt the ordinance. BACKGROUND: The 'exotic animal' ordinance prohibits keeping any 'live mammal' within the city limits. This prohibition would include a monkey. A non-profit organization - Monkey Helpers - and the Disability Rights Center of Kansas has requested that the City make an exception for a Capuchin monkey which is trained to assist disabled persons living with permanent mobility impairments. BUDGETARY IMPACT: There is no budgetary impact to the City. SOURCE OF FUNDING: Not Applicable 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 Councilmember Denise Everhart, concerning exotic 6 and wild animals, amending City of Topeka Code § 6.05.060 and 7 specifically repealing said original section. 8 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TOPEKA, KANSAS: 10 11 Section 1. That section 6.05.060, of The Code of the City of Topeka, Kansas, 12 is hereby amended to read as follows: 13 Exotic or captive wild animals. 14 (a) Keeping, Maintaining, Etc. Except as allowed by subsection (d) of this 15 section, it shall be unlawful for any person to own, keep, maintain or have in his 16 possession or under his control, within the city limits, any live mammal, bird or reptile. 17 (b) Selling, Trading, Etc. Except as allowed by subsection (d) of this section, it 18 shall be unlawful for any person to willfully sell, offer for sale, trade or offer for trade, 19 within the city limits, any live mammal, bird or reptile. 20 (c) Buying, Accepting in Trade. Except as allowed by subsection (d) of this 21 section, it shall be unlawful for any person to willfully buy or accept in trade, within the 22 city limits, any live mammal, bird or reptile. 23 (d) Exceptions. Persons may buy, own, accept in trade, keep, maintain, 24 possess, sell, offer for sale, trade or offer for trade: 25 (1) Domestic dogs. 26 (2) Domestic cats. 27 (3) Domestic hoofstock. 28 (4) Rodents. 29 (5) European ferrets. ORD/Exotic Animals 10/15/2013 1  Attachment number 1 \nPage 2 30 (6) Rabbits. 31 (7) Birds, except for ostriches, emus, rheas and cassowaries. 32 (8) Nonvenomous snakes less than eight feet in length. 33 (9) Nonvenomous lizards, except all species of monitor lizards shall be 34 prohibited. 35 (10) Turtles, except snapping turtles. 36 (11) Amphibians. 37 (12) Fish. 38 (13) Invertebrates. 39 (e) Exemptions. 40 (1) The prohibitions in subsections (a) through (c) of this section shall 41 not apply to bona fide zoos, as defined by the American Association of Zoological 42 Parks and Association of Zoological Parks and Aquariums. 43 (2) The prohibitions in subsection (a) of this section shall not apply to 44 bona fide: 45 (i) Medical institutions. 46 (ii) Post-secondary educational institutions. 47 (iii) Veterinary clinics in possession of the animals prohibited 48 under this section. 49 (iv) Circuses, if properly licensed by the city. 50 (v) Carnivals, if properly licensed by the city. 51 (vi) Persons designated and licensed as animal rehabilitators by 52 the state Fish and Game Commission. ORD/Exotic Animals 10/15/2013 2  Attachment number 1 \nPage 3 53 (vii) Disabled persons with permanent mobility impairments who 54 qualify to obtain assistance of a service monkey, provided that: 55 (1) The service monkey is a cebus apaella (Capuchin 56 monkey); 57 (2) The service monkey is owned and trained by a 58 registered 501(c)3 non-profit organization that assists disabled 59 persons living with permanent physical disabilities; and 60 (3) The service monkey does not leave the residence of 61 the qualified disabled person, except for one veterinary examination 62 per year or in the event of medical emergency to the service 63 monkey. 64 (viii) Persons listed in subsections (e)(2)(i) through (vii) of this 65 section who are temporarily transporting such animals through the city, 66 except that circuses and carnivals need not be licensed by the city if 67 merely temporarily transporting an otherwise prohibited animal through the 68 city. 69 (f) Sanitary Requirements. All persons and institutions listed in subsection (e) 70 of this section must ensure that all animals and animal quarters conform to the 71 provisions of the nuisance ordinances of the city and are kept in a clean and sanitary 72 condition and so maintained as to limit objectionable odors; and shall ensure that all 73 animals are maintained in quarters which are adequately constructed so as to prevent 74 their escape. 75 (g) Licensing. All persons and institutions listed in subsection (e) of this 76 section must be properly licensed, if so required, by any rule or regulation promulgated ORD/Exotic Animals 10/15/2013 3  Attachment number 1 \nPage 4 77 under the authority of federal statute enacted by the United States, or by any statute 78 enacted by the state, or by any rule or regulation promulgated by any agency or 79 department as authorized by state statute. 80 (h) Violations. A violation of any provision of this section shall constitute a 81 new and separate offense each calendar day the violation continues to exist. 82 (i) Destruction or Removal of Prohibited Animals. Upon conviction of a 83 violation of this section, the judge of the municipal court of the city may order the owner, 84 harborer, keeper or possessor to destroy or remove from the city any animal prohibited 85 under this section. 86 Section 2. That original § 6.05.060 of The Code of the City of Topeka, Kansas, 87 is hereby specifically repealed. 88 Section 3. This ordinance shall take effect and be in force from and after its 89 passage, approval and publication in the official City newspaper. 90 Section 4. This ordinance shall supersede all ordinances, resolutions or rules, 91 or portions thereof, which are in conflict with the provisions of this ordinance. 92 Section 5. Should any section, clause or phrase of this ordinance be declared 93 invalid by a court of competent jurisdiction, the same shall not affect the validity of this 94 ordinance as a whole, or any part thereof, other than the part so declared to be invalid. 95 PASSED AND APPROVED by the City Council on _______________________. 96 97 CITY OF TOPEKA, KANSAS 98 99 100 __________________________________ 101 Larry E. Wolgast, Mayor 102 ATTEST: 103 104 105 ________________________________ 106 Brenda Younger, City Clerk ORD/Exotic Animals 10/15/2013 4  A Capital City Government Working For You www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 October 23, 2013 Back Print DATE: November 5, 2013 CONTACT PERSON: Bill Fiander/Dan DOCUMENT #: Warner SECOND PARTY/SUBJECT: Miller's Glen PROJECT #: A13/2 Development Co., LLC CATEGORY/SUBCATEGORY 014 Ordinances – Non-Codified / 001 Annexation CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: AN ORDINANCE introduced by City Manager Jim Colson, annexing land to the City of Topeka, Kansas, in accordance with K.S.A. 12-520, generally located on the west side of Indian Hills Road approximately 1,340 feet south of the intersection of SW 21st Street and Indian Hills Road, within unincorporated Shawnee County, Kansas and adjacent to the City of Topeka corporate limits, and said land being annexed for all City purposes. First Reading. (A13/2) (Council District No. 8) Voting Requirement: Majority vote of the Governing Body, including the Mayor. (Approval would allow a 15.95-acre tract with street right-of-way intended for a single-family subdivision to be annexed and made part of the City of Topeka and Council District No. 8.) POLICY ISSUE: The proposal is consistent with the Land Use and Growth Management Plan of the City's Comprehensive Plan, which recommends annexing properties on the periphery of the City of Topeka prior to development. The subject property is within the City’s three-mile extraterritorial jurisdiction and is contiguous to the City boundary. The property owner has consented to this annexation and is requesting the annexation prior to the development of the property with 22 single-family lots. The property is being platted as Miller’s Reserve and will be rezoned to a City zoning district following annexation. STAFF RECOMMENDATION: The applicant has requested annexation and has submitted a signed Consent to Annexation. City services will not be overly burdened by serving this property. The right-of-way for SW Indian Hills Road is being annexed from SW 24th Street north to the portion of Indian Hills that is currently within the City. The City will be taking over maintenance responsibility from Mission Township for that section of Indian Hills Item Road.#12 All infrastructure needed for development within Miller’s Reserve will be built at the developer’s expense. Based upon the above findings and analysis, annexing the property constitutes a logical expansion of the City limits in the area and Planning recommends that the annexation request be approved. The City Council may adopt the ordinance taking such land into, and making it a part of the City for all City purposes and assigning it to City Council District No. 8. Alternatively, the City Council may disapprove the ordinance and the site would not be annexed into the City of Topeka. BACKGROUND: The applicant desires to develop the subject property which lays outside the city limits. The applicant has requested annexation and will develop the property with 22 single-family lots. The proposed development will have public streets and be served by city water and public sewer via the Sherwood Improvement District. BUDGETARY IMPACT: All essential City utilities, services and facilities are presently available and will not be overburdened by the annexation. SOURCE OF FUNDING: Not applicable. ATTACHMENTS: Summary Report Aerial Map Ordinance Item #12  Attachment number 1 \nPage 1 CITY OF TOPEKA PLANNING DEPARTMENT SUMMARY REPORT Re: Annexation Request for property outside the City limits A13/2/5 by Miller’s Glen Development Co., LLC. The applicant has requested annexation in order to develop the property located on the west side of SW Indian Hills Road, approximately 1,340 feet south of SW 21st Street, with 22 single-family lots. The proposed development will have public streets and be served by city water and public sewer via the Sherwood Improvement District. The applicant has given written consent to the annexation. The proposed annexation is consistent with the Land Use and Growth Management Plan of the City’s Comprehensive Plan, which recommends annexing properties on the periphery of the City of Topeka prior to development. The subject property is contiguous to the City boundary. The property is being platted as Miller’s Reserve and will be rezoned to a City zoning district following annexation. The right-of-way of SW Indian Hills Road is also being annexed from SW 24th Street north to the portion of SW Indian Hills Road that is within the City. The City will take over maintenance responsibility from Mission Township for that section of SW Indian Hills Road. All essential public utilities, services and facilities are presently available and will not be overburdened by the annexation. The applicant is responsible for paying for the infrastructure within the proposed development. The parcel is located immediately adjacent to the corporate limits and would constitute a logical expansion of the City limits within the area. Staff recommends APPROVAL of the ordinance taking such land into and making it a part of the City, for all City purposes and assigning it to Council District No. 8. Staff requests the Governing Body move to adopt the ordinance.  Attachment number 2 \nPage 1 21st Street Millers Glen Dr Indian Hills Road 23rd Street 24th Street 26th Street A13/2 - Annexation request for Miller's Reserve ´ Topeka Planning Department 10/23/13 Proposed annexation area City Limits  Attachment number 3 \nPage 1 (Published in the Topeka Metro News __________________) ORDINANCE NO. ________________________ AN ORDINANCE introduced by City Manager Jim Colson, annexing land to the City of Topeka, Kansas, in accordance with K.S.A. 12-520, generally located on the west side of Indian Hills Road approximately 1,340 feet south of the intersection of SW 21st Street and Indian Hills Road, within unincorporated Shawnee County, Kansas and adjacent to the City of Topeka corporate limits, and said land being annexed for all City purposes. (A13/2) (Council District No. 8) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TOPEKA, KANSAS: Section 1. That the following described land, meeting the conditions for annexation prescribed in K.S.A. 12-520(a)(7), is hereby annexed and made a part of the City of Topeka, Kansas: A tract in the Northeast Quarter of Section 12, Township 12 South, Range 14 east of the 6th P.M., and a tract in the Northwest Quarter of Section 7, Township 12 South, Range 15 east of the 6th P.M., in Shawnee County, Kansas, described as: Beginning at the Southeast corner of said Northeast Quarter; thence South 89°47’32” West, North American Datum 1983, Kansas North Zone basis, on the South line of said Northeast Quarter to an intersection with a line which is 25 feet westerly distant from the East line of said Northeast Quarter; thence North 1°22’07” West, parallel with the East line of said Northeast Quarter, 206.59 feet; thence South 88°37’53” West, 102.50 feet; thence North 51°38’47” West, 185.34 feet; thence South 89°47’32” West, 633.35 feet; thence North 2°56’05” West, 153.41 feet; thence North 26°38’39” East, 263.84 feet; thence North 36°58’43” East, 108.14 feet; thence North 46°11’26” East, 411.41 feet; thence North 37°52’30” East, 86.96 feet; thence North 34°50’57” West, 212.84 feet to a point on the South line of Lot 1, Block ‘A’ in Miller’s Glen Subdivision; thence North 88°37’53” East on the South line of said lot, 105.00 feet; thence continuing on the South line of said lot, S 84°56’23” East, 178.62 feet; thence continuing on the South line of said lot and its extension, North 88°37’53” East, 192.50 feet to the Southeast corner of Miller’s Glen Subdivision, on the East line of said Northeast Quarter; thence continuing on an extension of the South line of Miller’s Glen Subdivision, North 88°37’53” East to an intersection with a line which is 40 east easterly distant from the West line of said Northwest Quarter; thence South 1°22’07” East, parallel with the West line of said Northwest Quarter, to an intersection with the South line of said Northwest Quarter; thence South 86°55’38” West on the South line of said Northwest Quarter, to the point of beginning. Contains 15.95 acres, more or less. Section 2. That all land described in Section 1 of this Ordinance is taken into and made a part of the City for all City purposes and is assigned to City Council District No. 8. Section 3. This Ordinance shall take effect and be in force from and after its passage, approval and publication in the official city newspaper. Section 4. Upon passage and publication, the City Clerk shall file a certified copy of this Ordinance with the County Clerk, the Register of Deeds, and the Shawnee County Election  Attachment number 3 \nPage 2 Commissioner. PASSED AND APPROVED by the Governing Body of the City of Topeka, _______________________, 2013. ____________________________ Larry E. Wolgast, Mayor ATTEST: _________________________________ Brenda Younger, City Clerk To Be Codified _______ Not To Be Codified ___X___  A Capital City Government Working For You www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 September 30, 2013 Back Print DATE: November 5, 2013 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, 2013 Back Print DATE: November 5, 2013 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, 2013 Back Print DATE: November 5, 2013 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, 2013 Back Print DATE: November 5, 2013 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