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 25, 2014 6:00 PM Mayor: Larry E. Wolgast Councilmembers Karen A. Hiller District No. 1 Chad Manspeaker District No. 6 TJ Brown 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 CALL TO ORDER: INVOCATION: PLEDGE OF ALLEGIANCE: 1. MAYORAL PROCLAMATIONS: "Small Business Saturday" 2. PRESENTATIONS: "Heartland Visioning Update" "Snow Plan Update" 3. ROLL CALL: 4. CONSENT AGENDA: A. Workers Compensation Claim - Beverly Holly APPROVAL of a Workers Compensation Settlement for Beverly Holly, Office Assistant III, Topeka Police Department, in the amount of $40,000 for permanent partial impairments of her left ankle and right knee for injuries she suffered on February 6, 2008, walking into the Law Enforcement Center in deep snow. B. MINUTES of the regular meeting of November 18, 2014 C. APPLICATIONS: 5. ACTION ITEMS: A. Public Hearing and Ordinance - Gerald H. Graves and Kevin and Sarah Guesby (V14S/1) ATTACHMENTS A PUBLIC HEARING to consider vacation request V14S/1 by Gerald H. Graves, and Kevin and Sarah Guesby, adjoining property owners, to vacate the public street and alley rights-of-way located east of SE Cottage Road and approximately 250 feet north of SE 6th Avenue, City of Topeka, Shawnee County, Kansas. AN ORDINANCE introduced by City Manager Jim Colson, relating to the vacation of public street and alley rights-of-way lying between SE Rice Road and SE Cottage Avenue and approximately 250 feet north of SE 6th Avenue, in the City of Topeka, Shawnee County, Kansas. (V14S/1) (Council District No. 3) Voting Requirement: Majority vote of Governing Body, including the Mayor. (Approval would allow one of the property owners to construct a single-family residence with driveway access across the alley connecting to SE Cottage Avenue.) 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. (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. ANNOUNCEMENTS: PRELIMINARY AGENDA (The City Clerk will provide a brief summary of items on the next scheduled Council meeting agenda. Also during this time, the City Manager and Governing Body Members may offer comments regrading City business and announce upcoming events.) 7. PUBLIC COMMENT: - 8. EXECUTIVE SESSION: Executive Sessions are closed meetings held in accordance with the provisions of the Kansas Open Meetings Act. (Executive sessions will be scheduled as needed and may include topics such as personnel matters, considerations of acquisition of property for public purposes, potential or pending litigation in which the city has an interest, employer-employee negotiations and any other matter provided for in K.S.A. 75-4319.) 9. ADJOURNMENT: -  A Capital City Government Working For You www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 October 7, 2014 Back Print DATE: November 25, 2014 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 7, 2014 Back Print DATE: November 25, 2014 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 7, 2014 Back Print DATE: November 25, 2014 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 #3  A Capital City Government Working For You www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 October 7, 2014 Back Print DATE: November 25, 2014 CONTACT PERSON: DOCUMENT #: SECOND PARTY/SUBJECT: PROJECT #: CATEGORY/SUBCATEGORY CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: "Small Business Saturday" 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 7, 2014 Back Print DATE: November 25, 2014 CONTACT PERSON: DOCUMENT #: SECOND PARTY/SUBJECT: PROJECT #: CATEGORY/SUBCATEGORY CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: "Heartland Visioning Update" "Snow Plan Update" 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 October 7, 2014 Back Print DATE: November 25, 2014 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 October 22, 2014 Back Print DATE: November 25, 2014 CONTACT PERSON: Jacque Russell / DOCUMENT #: Shannon Langston SECOND PARTY/SUBJECT: Beverly Holly PROJECT #: CATEGORY/SUBCATEGORY 005 Claims / 006 Appeals CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: APPROVAL of a Workers Compensation Settlement for Beverly Holly, Office Assistant III, Topeka Police Department, in the amount of $40,000 for permanent partial impairments of her left ankle and right knee for injuries she suffered on February 6, 2008, walking into the Law Enforcement Center in deep snow. POLICY ISSUE: Approval of the $40,000 settlement would close out future medical, future review and modification under the Kansas Workers Compensation Statute. STAFF RECOMMENDATION: Staff recommends approval of the Workers Compensation Settlement in the amount of $40,000. BACKGROUND: Attorney-client privileged information. BUDGETARY IMPACT: If the $40,000 settlement is approved, it would be paid from the Risk Fund (Workers Compensation). SOURCE OF FUNDING: Risk Fund (Workers Compensation) 641 5020105 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 7, 2014 Back Print DATE: November 25, 2014 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 October 7, 2014 Back Print DATE: November 25, 2014 CONTACT PERSON: DOCUMENT #: SECOND PARTY/SUBJECT: PROJECT #: CATEGORY/SUBCATEGORY CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: POLICY ISSUE: STAFF RECOMMENDATION: BACKGROUND: BUDGETARY IMPACT: SOURCE OF FUNDING: ATTACHMENTS: No Attachments Available Item #9  A Capital City Government Working For You www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 October 24, 2014 Back Print DATE: November 25, 2014 CONTACT PERSON: Bill Fiander/Annie DOCUMENT #: V14S/1 Driver SECOND PARTY/SUBJECT: Gerald H. PROJECT #: N/A Graves/Kevin and Sarah Guesby CATEGORY/SUBCATEGORY 014 Ordinances – Non-Codified / 006 Vacations CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: A PUBLIC HEARING to consider vacation request V14S/1 by Gerald H. Graves, and Kevin and Sarah Guesby, adjoining property owners, to vacate the public street and alley rights-of-way located east of SE Cottage Road and approximately 250 feet north of SE 6th Avenue, City of Topeka, Shawnee County, Kansas. AN ORDINANCE introduced by City Manager Jim Colson, relating to the vacation of public street and alley rights-of-way lying between SE Rice Road and SE Cottage Avenue and approximately 250 feet north of SE 6th Avenue, in the City of Topeka, Shawnee County, Kansas. (V14S/1) (Council District No. 3) Voting Requirement: Majority vote of Governing Body, including the Mayor. (Approval would allow one of the property owners to construct a single-family residence with driveway access across the alley connecting to SE Cottage Avenue.) POLICY ISSUE: The vacation of the public alley right-of-way would accommodate a land-locked property for infill development of a single family house. STAFF RECOMMENDATION: Staff recommends the Governing Body move to adopt the ordinance. Item #10 BACKGROUND: The Kansas Statute and Topeka Municipal Code Section 12.60.010 requires a public hearing in conjunction with vacation petitions which have been filed in a prescribed procedure. The entire area being vacated will be retained as a "Public Utility Easement" The alley and segment of street right-of-way connecting to SE Cottage will be retained as a “Fire Rescue and Public Service Vehicle Easement” to allow access by fire trucks and solid waste trucks. Approval of the vacation should not be construed to imply support of any existing or subsequent land development. BUDGETARY IMPACT: There is no budgetary cost to the City by approval of the vacation. SOURCE OF FUNDING: Not Applicable ATTACHMENTS: Ordinance Summary Report Map of Vacation Requested Area Comments from Departments Legal Ad Item #10  Attachment number 1 \nPage 1 (Published in the Topeka Metro News ) ORDINANCE NO. AN ORDINANCE introduced by City Manager, Jim Colson, relating to the vacation of public street and alley rights-of-way lying between SE Rice Road and SE Cottage Avenue and approximately 250 ft. north of SE 6th Avenue, in the City of Topeka, Shawnee County, Kansas (V14S/1) (Council District No. 3) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TOPEKA, KANSAS: Section 1. That pursuant to the requirements of K.S.A. 12-504 as amended, a petition by Gerald H. Graves and Kevin and Sarah Guesby of Kansas as property owners, has been filed with the office of the City Clerk, requesting the vacation of the following described public street and alley rights-of-way located within the City of Topeka, Shawnee County, Kansas: A part of platted 5th Street in Freeman Heights and a part of platted Fifth Street Terrace in Heim Subdivision, all in the Southwest Quarter of Section 34, Township 11 South, Range 16 east of the 6th P.M., in the City of Topeka, Shawnee County, Kansas, described as: Beginning at the Northeast corner of Lot 33 on East 5th Street Terrace, formerly 5th Street in Freeman Heights Subdivision; thence westerly on the South line of East 5th Street Terrace and its extension, to the Northwest corner of Lot 76 on Cottage Avenue; thence northerly on an extension of the East line of Cottage Avenue to the North line of East Fifth Street Terrace as platted in Freeman Heights Subdivision; thence easterly on the North line of East Fifth Street Terrace to the Southwest corner of Heim Subdivision; thence northerly on the West line of Heim Subdivision to the Southwest corner of Lot 11 in the last said subdivision; thence easterly on the North line of East Fifth Street Terrace, formerly Fifth Street Terrace in Heim Subdivision, to an intersection with a northerly extension of the East line of Lot 33 in Freeman Heights Subdivision; thence southerly to the point of beginning. AND: A part of a platted alley in Freeman Heights Subdivision in the Southwest Quarter of Section 34, Township 11 South, Range 16 east of the 6th P.M., in the City of Topeka, Shawnee County, Kansas, described as: Beginning at the Northeast corner of Lot 76 on Cottage Avenue in Freeman Heights Subdivision; thence southerly on the West line of a 20 feet wide platted alley, to a point on the East line of Lot 96 on Cottage Avenue which is 33 feet north of the South line of said Southwest Quarter; thence easterly parallel with the South line of said Southwest Quarter to a point on the West line of Lot 62 on 6th Avenue; thence northerly to the Northwest corner of said Lot 62; thence northerly to the Southwest corner of Lot 61 on East 5th Street Terrace, formerly 5th Street; thence  Attachment number 1 \nPage 2 northerly to the Northwest corner of said Lot 61; thence westerly on an extension of the South line of East 5th Street Terrace to the point of beginning. Section 2. That said petition has been duly published for two (2) consecutive weeks in a newspaper of general circulation and on November 25, 2014, the petition is ready for determination by the Council of the City of Topeka, Kansas. Section 3. That the Council of the City of Topeka, after being duly informed and hearing the evidence presented finds that: a. Legal notice was given as required by K.S.A. 12-504 as amended. b. No private rights will be injured or endangered by such vacation. c. The public will suffer no loss or inconvenience by such vacation. Section 4. That the Council of the City of Topeka does hereby find that justice requires the petition of vacation be granted and does hereby order the vacation of the below described public street and alley rights- of-way located within the City of Topeka, Kansas: A part of platted 5th Street in Freeman Heights and a part of platted Fifth Street Terrace in Heim Subdivision, all in the Southwest Quarter of Section 34, Township 11 South, Range 16 east of the 6th P.M., in the City of Topeka, Shawnee County, Kansas, described as: Beginning at the Northeast corner of Lot 33 on East 5th Street Terrace, formerly 5th Street in Freeman Heights Subdivision; thence westerly on the South line of East 5th Street Terrace and its extension, to the Northwest corner of Lot 76 on Cottage Avenue; thence northerly on an extension of the East line of Cottage Avenue to the North line of East Fifth Street Terrace as platted in Freeman Heights Subdivision; thence easterly on the North line of East Fifth Street Terrace to the Southwest corner of Heim Subdivision; thence northerly on the West line of Heim Subdivision to the Southwest corner of Lot 11 in the last said subdivision; thence easterly on the North line of East Fifth Street Terrace, formerly Fifth Street Terrace in Heim Subdivision, to an intersection with a northerly extension of the East line of Lot 33 in Freeman Heights Subdivision; thence southerly to the point of beginning. AND: A part of a platted alley in Freeman Heights Subdivision in the Southwest Quarter of Section 34, Township 11 South, Range 16 east of the 6th P.M., in the City of Topeka, Shawnee County, Kansas,  Attachment number 1 \nPage 3 described as: Beginning at the Northeast corner of Lot 76 on Cottage Avenue in Freeman Heights Subdivision; thence southerly on the West line of a 20 feet wide platted alley, to a point on the East line of Lot 96 on Cottage Avenue which is 33 feet north of the South line of said Southwest Quarter; thence easterly parallel with the South line of said Southwest Quarter to a point on the West line of Lot 62 on 6th Avenue; thence northerly to the Northwest corner of said Lot 62; thence northerly to the Southwest corner of Lot 61 on East 5th Street Terrace, formerly 5th Street; thence northerly to the Northwest corner of said Lot 61; thence westerly on an extension of the South line of East 5th Street Terrace to the point of beginning. Section 5. That the Council of the City of Topeka does hereby find that justice further requires the provision for a public utility easement to be established over the described property as set forth in Section 4 and does hereby order the retention of the below described area as a public utility easement: A part of platted 5th Street in Freeman Heights and a part of platted Fifth Street Terrace in Heim Subdivision, all in the Southwest Quarter of Section 34, Township 11 South, Range 16 east of the 6th P.M., in the City of Topeka, Shawnee County, Kansas, described as: Beginning at the Northeast corner of Lot 33 on East 5th Street Terrace, formerly 5th Street in Freeman Heights Subdivision; thence westerly on the South line of East 5th Street Terrace and its extension, to the Northwest corner of Lot 76 on Cottage Avenue; thence northerly on an extension of the East line of Cottage Avenue to the North line of East Fifth Street Terrace as platted in Freeman Heights Subdivision; thence easterly on the North line of East Fifth Street Terrace to the Southwest corner of Heim Subdivision; thence northerly on the West line of Heim Subdivision to the Southwest corner of Lot 11 in the last said subdivision; thence easterly on the North line of East Fifth Street Terrace, formerly Fifth Street Terrace in Heim Subdivision, to an intersection with a northerly extension of the East line of Lot 33 in Freeman Heights Subdivision; thence southerly to the point of beginning. AND: A part of a platted alley in Freeman Heights Subdivision in the Southwest Quarter of Section 34, Township 11 South, Range 16 east of the 6th P.M., in the City of Topeka, Shawnee County, Kansas, described as: Beginning at the Northeast corner of Lot 76 on Cottage Avenue in Freeman Heights Subdivision; thence southerly on the West line of a 20 feet wide platted alley, to a point on the East line of Lot 96 on Cottage Avenue which is 33 feet north of the South line of said Southwest Quarter; thence easterly parallel with the South line of said Southwest Quarter to a point on the West line of Lot 62 on 6th Avenue; thence northerly to the Northwest corner of said Lot 62; thence northerly to the Southwest corner of Lot 61 on East 5th Street Terrace, formerly 5th Street; thence northerly to the Northwest corner of said Lot 61; thence westerly on an extension of the South line of East 5th Street Terrace to the point of beginning. Section 6. That the Council of the City of Topeka does hereby find that justice further requires the provision for a Fire Rescue and Public Service Vehicle easement to be established over the described property as set forth in Section 6 and does hereby order the retention of the below described area as a Fire Rescue and  Attachment number 1 \nPage 4 Public Service Vehicle easement: A part of platted 5th Street in Freeman Heights Subdivision in the Southwest Quarter of Section 34, Township 11 South, Range 16 east of the 6th P.M., in the City of Topeka, Shawnee County, Kansas, described as: Beginning at the Northwest corner of Lot 76 on Cottage Avenue in Freeman Heights Subdivision; thence northerly on an extension of the East line of Cottage Avenue to the North line of Freeman Heights Subdivision; thence easterly on the North line of Freeman Heights Subdivision to an intersection with an extension of the West line of Lot 61on East 5th Street Terrace, formerly 5th Street; thence southerly to the Northwest corner of said Lot 61; thence westerly on the South line of East 5th Street Terrace and its extension, to the point of beginning. AND: A part of a platted alley in Freeman Heights Subdivision in the Southwest Quarter of Section 34, Township 11 South, Range 16 east of the 6th P.M., in the City of Topeka, Shawnee County, Kansas, described as: Beginning at the Northeast corner of Lot 76 on Cottage Avenue in Freeman Heights Subdivision; thence southerly on the West line of a 20 feet wide platted alley, to a point on the East line of Lot 96 on Cottage Avenue which is 33 feet north of the South line of said Southwest Quarter; thence easterly parallel with the South line of said Southwest Quarter to a point on the West line of Lot 62 on 6th Avenue; thence northerly to the Northwest corner of said Lot 62; thence northerly to the Southwest corner of Lot 61 on East 5th Street Terrace, formerly 5th Street; thence northerly to the Northwest corner of said Lot 61; thence westerly on an extension of the South line of East 5th Street Terrace to the point of beginning. Section 7. The City Clerk is hereby directed to certify a copy of this ordinance to the Shawnee County Register of Deeds Office for appropriate recording. Section 8. This ordinance shall take effect and be in force from and after its passage, approval and publication in the official city newspaper. PASSED AND APPROVED by the Governing Body on , 2014. _________________________ Larry E. Wolgast, Mayor ATTEST: __________________________ Brenda Younger, City Clerk  Attachment number 2 \nPage 1 CITY OF TOPEKA PLANNING DEPARTMENT SUMMARY REPORT Re: V14S/1 By: Gerald H. Graves and Kevin & Sarah Guesby A request initiated by Gerald H. Graves and Kevin & Sarah Guesby, adjoining property owners, to vacate the public street and alley rights-of-way located east of SE Cottage Road and approximately 250 ft. north of SE 6th Avenue. The vacation would allow the property owner (Graves) to build a single-family residence on property east of the alley with a driveway accessing out to SE Cottage Avenue across the alleyway. The alley and segment of street right-of-way connecting to Cottage will be retained as a “Fire Rescue and Public Service Vehicle Easement”. The property owners will maintain this portion with gravel to support the weight of a fire truck and service vehicles (75,000 lbs). The remainder of the area being vacated will be maintained as a “Public Utility Easement” due to the presence of water, sanitary sewer, and telephone lines There is no cost that would be attributed to the City by the approval of the vacation. Approval of the vacation is consistent with the City of Topeka Subdivision Regulations since there are no properties within the area being left landlocked by the vacation. Shawnee County Parks and Recreation has expressed no objection to the vacation request since County parks land adjoins the requested area. Pursuant with TMC 12.60.010(b) the vacation has been duly advertised 20 days and two consecutive weeks prior to the public hearing. Planning staff recommends approval of the ordinance and request.  Owner: Shawnee County Board of Commissioners SE 5th ST TERR Owner: Graves Owner: Graves Owner: Guesby Alley Cottage Owner: Graves Owner: Guesby 6th (M2) V14S/1 By: Gerald H. Graves and Kevin & Sarah Guesby Area to be retained as a "Fire Rescue and Public Service Vehicle Easement" Area to be vacated and retained as a "Public Utility Easement" µ Topeka Planning Department - 2014  Attachment number 4 \nPage 1 DEPARTMENTAL COMMENTS: Case: V14S/1 By: Gerald H. Graves and Kevin & Sarah Guesby Location: Public street and alley rights-of-way lying between SE Rice Road and SE Cottage Avenue and approximately 250 ft. north of SE 6th Avenue, in the City of Topeka, Shawnee County, Kansas DEPARTMENTS: • Water Division: X No Objection _____ Objection Comments: Retention as “Public Utility Easement” is maintained for water line in the street segment to be vacated • Engineering: X_ No Objection _____ Objection Comments: Retention as “Public Utility Easement” is maintained for sanitary sewer line in the alley to be vacated. • Parks Department: X No Objection __ _ Objection Comments: Shawnee County Parks and Recreation has indicated no objection to the request. • County Refuse: X No Objection _____ Objection Comments: Provided provisions for a “public service vehicle easement” are made and the alley is kept open for solid waste vehicles. • Fire Department: X No Objection _____ Objection Comments: The alley running adjacent to lot 76, 78, 80, 82, 84, 86, 88, 90, 92, 94 and 96 between SW 6th street and East 5th Street Terrace as well as East 5th Street between the alley and Cottage Ave. is maintained as a fire department access road. As such this access road will need to be maintained with a 20’ wide width and of an approved surface capable of supporting the imposed load of fire apparatus weighing at least 75,000.00lbs • Police Department: X No Objection _____ Objection Comments: UTILITY COMPANIES: • AT&T: X No Objection __ __ Objection Comments: Provided a “Public Utility Easement” is maintained. • Westar: X No Objection __ __ Objection Comments: • Kansas Gas Service: _X No Objection _____ Objection Comments: • Cox Communications: _X No Objection _____ Objection Comments: Annie Driver, Planner II Prepared: October 24, 2014  Attachment number 5 \nPage 1 Please have the attached published in the Topeka Metro News in the Legal Advertising Section on November 3, 2014 and November 10, 2014. IN THE MATTER OF THE PROPOSED VACATION OF: Platted public street and alley rights-of-way on property lying between SE Rice Road and SE Cottage Avenue and approximately 250 ft. north of SE 6th Avenue, in the City of Topeka, Shawnee County, Kansas (V14S/1) (Council District No. 3) NOTICE OF PUBLIC HEARING (Pursuant to K.S.A. 12-504 et seq.) To Whom It May Concern: Public notice is hereby given that a petition has been filed by Gerald H. Graves and Kevin and Sarah Guesby to vacate property described as follows: A part of platted 5th Street in Freeman Heights and a part of platted Fifth Street Terrace in Heim Subdivision, all in the Southwest Quarter of Section 34, Township 11 South, Range 16 east of the 6th P.M., in the City of Topeka, Shawnee County, Kansas, described as: A part of platted 5th Street in Freeman Heights and a part of platted Fifth Street Terrace in Heim Subdivision, all in the Southwest Quarter of Section 34, Township 11 South, Range 16 east of the 6th P.M., in the City of Topeka, Shawnee County, Kansas, described as: Beginning at the Northeast corner of Lot 33 on East 5th Street Terrace, formerly 5th Street in Freeman Heights Subdivision; thence westerly on the South line of East 5th Street Terrace and its extension, to the Northwest corner of Lot 76 on Cottage Avenue; thence northerly on an extension of the East line of Cottage Avenue to the North line of East Fifth Street Terrace as platted in Freeman Heights Subdivision; thence easterly on the North line of East Fifth Street Terrace to the Southwest corner of Heim Subdivision; thence northerly on the West line of Heim Subdivision to the Southwest corner of Lot 11 in the last said subdivision; thence easterly on the North line of East Fifth Street Terrace, formerly Fifth Street Terrace in Heim Subdivision, to an intersection with a northerly extension of the East line of Lot 33 in Freeman Heights Subdivision; thence southerly to the point of beginning. AND: A part of a platted alley in Freeman Heights Subdivision in the Southwest Quarter of Section 34, Township 11 South, Range 16 east of the 6th P.M., in the City of Topeka, Shawnee County, Kansas, described as: Beginning at the Northeast corner of Lot 76 on Cottage Avenue in Freeman Heights Subdivision; thence southerly on the West line of a 20 feet wide platted alley, to a point on the East line of Lot 96 on Cottage Avenue which is 33 feet north of the South line of said Southwest Quarter; thence easterly parallel with the South line of said Southwest Quarter to a point on the West line of Lot 62 on 6th Avenue; thence northerly to the Northwest corner of said Lot 62; thence northerly to the Southwest corner of Lot 61 on East 5th Street Terrace, formerly 5th Street; thence northerly to the Northwest corner of said Lot 61; thence westerly on an extension of the South line of East 5th Street Terrace to the point of beginning.  Attachment number 5 \nPage 2 The petition will be presented to the Council of the City of Topeka for hearing November 25, 2014 at 6:00 P.M. or as soon thereafter as the same may be heard in the City Council Chambers, Municipal Building, 2nd Floor, 8th and Monroe Streets, Topeka, Kansas, at which time and place all interested persons may appear and be heard, either for or against granting the prayer of said Petition. BY THE GOVERNING BODY, CITY OF TOPEKA, KANSAS  A Capital City Government Working For You www.topeka.org Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 October 7, 2014 Back Print DATE: November 25, 2014 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: 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 15, 2014 Back Print DATE: November 25, 2014 CONTACT PERSON: DOCUMENT #: SECOND PARTY/SUBJECT: PROJECT #: CATEGORY/SUBCATEGORY CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: (The City Clerk will provide a brief summary of items on the next scheduled Council meeting agenda. Also during this time, the City Manager and Governing Body Members may offer comments regrading City business and announce upcoming events.) 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 7, 2014 Back Print DATE: November 25, 2014 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 7, 2014 Back Print DATE: November 25, 2014 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