City Council Meeting

City of Topeka City Council Agenda City Council Chambers 214 SE 8th Street Topeka, Kansas 66603 www.topeka.org October 10, 2017 6:00 PM Mayor: Larry E. Wolgast Councilmembers Karen A. Hiller District No. 1 Brendan Jensen District No. 6 Sandra Clear District No. 2 Elaine Schwartz District No. 7 Sylvia E. Ortiz District No. 3 Jeff Coen District No. 8 Tony Emerson District No. 4 Richard Harmon District No. 9 Michelle De La Isla District No. 5 Interim City Manager: Doug Gerber Addressing the Council: No person shall address the Council during a Council Meeting, unless they have notified the City Clerk at (785)368-3940 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. 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) CALL TO ORDER: INVOCATION: PLEDGE OF ALLEGIANCE: 1. MAYORAL PROCLAMATIONS: "Fire Prevention Week" 2. PRESENTATIONS: "None scheduled at this time." 3. ROLL CALL: 4. CONSENT AGENDA: A. Resolution - ArtsConnect - Complimentary Liquor on First Fridays A RESOLUTION introduced by Interim City Manager Doug Gerber, authorizing the serving of complimentary alcoholic liquor or cereal malt beverage for the First Friday Art Walk events to be held at various businesses as sponsored by ArtsConnect, Inc. Voting Requirement: Majority vote of the Governing Body (6). (Approval would allow premises that are not licensed to sell alcohol and cereal malt beverages to provide complimentary liquor at events sponsored by a non-profit organization promoting the arts (Arts Connect).) B. Workers' Compensation Claim - Steven Watkins APPROVAL of a Workers' Compensation Settlement for Steven A. Watkins in the amount of $52,000. C. MINUTES of the regular meeting of October 3, 2017 D. APPLICATIONS: 5. ACTION ITEMS: A. Resolution - Topeka Performing Arts Center - 4th Quarter Payment 2017 A RESOLUTION introduced by Interim City Manager Doug Gerber approving the distribution of the fourth quarterly payment of $67,500 to theTopeka Performing Arts Center, Inc. (TPAC). Voting Requirement: Majority vote of the Governing Body (6) (Approval would authorize distribution of $67,500 to TPAC.) 6. NON-ACTION ITEMS: A. Discussion - Pavement Management Program Update  UPDATE on the pavement management program and discussion on planned program activities. B. Discussion - Panhandling Regulations OVERVIEW of regulations pertaining to pedestrians who solicit contributions from vehicles (Panhandling). 7. 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 regarding City business and announce upcoming events.) 8. PUBLIC COMMENT: 9. 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.) 10. ADJOURNMENT:  City of Topeka Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 www.topeka.org October 10, 2017 DATE: October 10, 2017 CONTACT PERSON: Mary Feighny, Deputy DOCUMENT #: City Attorney SECOND PARTY/SUBJECT: Arts Connect PROJECT #: CATEGORY/SUBCATEGORY 020 Resolutions / 005 Miscellaneous CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: A RESOLUTION introduced by Interim City Manager Doug Gerber, authorizing the serving of complimentary alcoholic liquor or cereal malt beverage for the First Friday Art Walk events to be held at various businesses as sponsored by ArtsConnect, Inc. Voting Requirement: Majority vote of the Governing Body (6). (Approval would allow premises that are not licensed to sell alcohol and cereal malt beverages to provide complimentary liquor at events sponsored by a non-profit organization promoting the arts (Arts Connect).) VOTING REQUIREMENTS: Majority vote of the Governing Body (6) POLICY ISSUE: Whether to authorize the serving of complimentary alcohol at First Friday events sponsored by Arts Connect. STAFF RECOMMENDATION: Staff recommends the Governing Body move to approve of the resolution. BACKGROUND: State law allows complimentary alcohol to be served on unlicensed premises at events sponsored by non-profit organizations that support the arts provided the governing body approves the events. BUDGETARY IMPACT: There is no budgetary impact to the City. SOURCE OF FUNDING: Not applicable. ATTACHMENTS: Description Resolution  1 RESOLUTION NO. 2 3 A RESOLUTION introduced by the City Manager authorizing the serving of 4 complimentary alcoholic liquor or cereal malt beverage for the First 5 Friday Art Walk events to be held at various businesses as sponsored 6 by ArtsConnect, Inc. 7 8 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF TOPEKA, 9 KANSAS, that: 10 Section 1. Pursuant to K.S.A. 41-104, authorization is given to serve 11 complimentary alcoholic liquor or cereal malt beverage on the unlicensed premises of 12 businesses by the business owner or agent at the First Friday Art Walk events sponsored 13 by ArtsConnect, Inc. which is a nonprofit organization promoting the arts, to be held on the 14 first Friday of each month between the hours of 4:30 p.m. and 9:30 p.m commencing on 15 November 3, 2017. 16 Section 2. As required by K.S.A. 41-104, the State Director of Alcoholic Beverage 17 Control shall be notified at least 10 days prior to the event. The sponsor or business shall 18 bear this responsibility. 19 Section 3. This resolution shall take effect upon its approval. 20 ADOPTED and APPROVED by the Governing Body on . 21 CITY OF TOPEKA, KANSAS 22 23 24 25 26 Larry E. Wolgast, Mayor 27 ATTEST: 28 29 30 31 ____________________________ 32 Brenda Younger, City Clerk RES/ArtsConnect FF Comp Alcohol  City of Topeka Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 www.topeka.org October 10, 2017 DATE: October 10, 2017 CONTACT PERSON: Jacque Russell / DOCUMENT #: Shannon Langston SECOND PARTY/SUBJECT: Steven A. Watkins PROJECT #: CATEGORY/SUBCATEGORY 005 Claims / 006 Appeals CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: APPROVAL of a Workers' Compensation Settlement for Steven A. Watkins in the amount of $52,000. VOTING REQUIREMENTS: Majority vote of the Governing Body (6). POLICY ISSUE: Approval of the Settlement will close out future medical and future review and modification under the Kansas Workers' Compensation Statute. Mr. Watkins is no longer employed with the City of Topeka. STAFF RECOMMENDATION: Staff recommends approval of the Workers' Compensation Settlement. BACKGROUND: This information would be considered attorney-client privileged information. BUDGETARY IMPACT: If the Settlement is approved, $52,000 would be paid from the Risk Fund (Workers' Compensation). SOURCE OF FUNDING: Risk Fund (Workers Compensation)  City of Topeka Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 www.topeka.org October 10, 2017 DATE: October 10, 2017 CONTACT PERSON: Nickie Lee, Finance DOCUMENT #: Director SECOND PARTY/SUBJECT: TPAC PROJECT #: CATEGORY/SUBCATEGORY 020 Resolutions / 005 Miscellaneous CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: A RESOLUTION introduced by Interim City Manager Doug Gerber approving the distribution of the fourth quarterly payment of $67,500 to theTopeka Performing Arts Center, Inc. (TPAC). Voting Requirement: Majority vote of the Governing Body (6) (Approval would authorize distribution of $67,500 to TPAC.) VOTING REQUIREMENTS: Majority vote of the Governing Body (6) POLICY ISSUE: On December 20, 2016, the Governing Body approved allocating the Topeka Performing Arts Center $100,000 of excess General Fund reserves to be transferred in 2016 for operational needs. In addition, Council authorized an additional $300,000 to be transferred in 2017. (Resolution 8833). Terms for disbursement were approved in Resolution 8859 on February 21, 2017. STAFF RECOMMENDATION: Staff recommends the Governing Body move to approve the resolution. BACKGROUND: On December 20, 2016 the Governing Body approved the allocation of $300,000 to be distributed to TPAC in 2017 per agreed upon terms. On February 21, 2017 the Governing Body approved Resolution 8859 which stipulated quarterly payments would be distributed under the following conditions: Distribution. Two Hundred Seventy Thousand Dollars ($270,000) of the Allocated Funds will be distributed  by the City to TPAC in quarterly payments of Sixty-Seven Thousand Five Hundred Dollars ($67,500). The first quarterly payment will be distributed upon Governing Body approval of Resolution No. 8859. Each of the three subsequent quarterly payments will be distributed no later than the Friday following the Governing Body meetings held on April 11, 2017, July 11, 2017 and October 10, 2017, upon approval by the Governing Body of a Resolution that includes a statement from the City’s Finance Director (or designee) that she has received and declared as satisfactory: Financial Statements; Six-Month Cash Flow Projections; and Quarterly Progress Reports, that include accomplishments and adherence to/satisfaction of the items listed in TPAC’s 2017 Goals and Objectives. A fifth and final payment of Thirty Thousand Dollars ($30,000) will be distributed by the City to TPAC during the last full week of December, 2017; provided, however, that TPAC has submitted sufficient evidence, as determined by the Finance Director (or designee), that TPAC has met or exceeded, through private fundraising efforts, its 2017 business sponsorship goal of Two Hundred Thousand Dollars ($200,000). BUDGETARY IMPACT: The full $300,000 allocation has been set aside from 2016 year end General Fund balances. The quarterly payment of $67,500 has been anticipated to occur around this date. SOURCE OF FUNDING: General Fund ATTACHMENTS: Description Resolution TPAC Progress Report TPAC Plan for Success Contract No. 43396 Contract 45755 Resolution 8859  1 RESOLUTION NO. _____ 2 3 A RESOLUTION introduced by Interim City Manager Doug Gerber, approving the 4 distribution of the fourth quarterly payment of $67,500.00 to the Topeka 5 Performing Arts Center, Inc. (TPAC). 6 7 WHEREAS, Resolution No. 8833 authorized an expenditure of an amount not to 8 exceed $300,000 for the 2017 operational needs of the Topeka Performing Arts Center 9 which was to be distributed ‘based on agreed terms’; and 10 WHEREAS, those terms were codified in an amendment to the original agreement 11 with TPAC and approved by the governing body on February 21, 2017 (Resolution No. 12 8859); and 13 WHEREAS, the amendment provides that three quarterly payments will be 14 distributed no later than Friday following the governing body meetings held on April 11, 15 2017, July 11, 2017, and October 10, 2017, upon approval by the Governing Body of a 16 Resolution that includes certain determinations made by the City’s Finance Director (City 17 of Topeka Contract No. 45755) 18 NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE 19 CITY OF TOPEKA, KANSAS that the City’s Finance Director has received from TPAC the 20 following documents which the Finance Director has determined to be satisfactory: 21 1. Financial statements; 22 2. Six-month cash flow projections; and 23 3. A quarterly progress report that includes accomplishments and adherence 24 to/satisfaction of the items listed in TPAC’s 2017 Goals & Objectives. 25 BE IT FURTHER RESOLVED that the City’s Finance Director is authorized to 26 distribute to TPAC the fourth quarterly payment in the amount of $67,500.00. RES/TPAC 4th Quarter Payment 1 27 This Resolution shall become effective after it is adopted and approved by the 28 Governing Body. 29 ADOPTED and APPROVED by the Governing Body on ______________________. 30 CITY OF TOPEKA, KANSAS 31 32 33 34 35 Larry E. Wolgast, Mayor 36 ATTEST: 37 38 39 40 41 Brenda Younger, City Clerk RES/TPAC 4th Quarter Payment 2  2017 Plan for Success ADMINISTRATION 1) Better marketing and continue good programming; continue soliciting support from the community; adding a community focus group; provide student pricing when possible; capitalize on success of email and social media – Facebook, Twitter, Instagram, etc.; designing and launching a new and improved website that is more interactive and user-friendly 2) Executive Director, Larry Gawronski and the Board have experience in Topeka market; Larry has purchased a home and moved his family to Topeka; expiring terms of Board members will be filled by new members with fundraising as a top priority; less risk on shows will be taken in 2017 and an emphasis on partnering with promoters to bring the talent in; special task forces have been formed for marketing shows and will continue in 2017; new ways will be explored to increase the Friends of TPAC and initiate a Season Ticket Subscription; a more favorable amended management contract was negotiated with VenuWorks to reduce the management fee in 2016 and 2017. 3) Assistance from the City – Annual subsidy; HVAC and exterior maintenance, Angel Fund for programming (Mainstage, youth, educational and community), capital improvements, internet. 4) $300,000 Subsidy – Immediate needs over the coming year include, but not limited to: a) Website-$10,000; Technical/Production/Operation Equipment-$75,000; Food & Beverage Equipment- $9,000; Building repair/maintenance-$19,000; Theater house lamps/lighting-$6,000; public space and meeting room lamps/lighting; uniform vests and shirts-$5,000; all going for needs outside of capital improvements that cannot be afforded. The balance is for improved community programming, marketing and general operations. FUNDRAISING 5) Grant opportunities 6) Solicit new and grow existing Sponsorships 7) Board Fundraising – June, August, November events in 2016 raised over $100,000. PROGRAMMING 8) Strengthen Youth and Educational Programming a) Schooltime Theater Series, Sheffel Theater Clinic, Young Artists Awards 9) Enhanced Community Programming 10) Grow User Groups 11) Continue the upward trend on acquiring “Broadway Style” shows, public concerts, wedding receptions, banquets, parties and meetings 12) Collaboration  City of Topeka Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 www.topeka.org October 10, 2017 DATE: October 10, 2017 CONTACT PERSON: Jason M Peek DOCUMENT #: SECOND PARTY/SUBJECT: PROJECT #: CATEGORY/SUBCATEGORY 006 Communication / 005 Other CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: UPDATE on the pavement management program and discussion on planned program activities. VOTING REQUIREMENTS: Discussion Item Only POLICY ISSUE: Report provides update on planned program activities over the next three years based on 2018 Budget, 2018 Capital Improvement Plan and Pavement Condition Index (PCI) target. STAFF RECOMMENDATION: This item is an update on the pavement management program. No recommendations are needed at this time. BACKGROUND: The adopted 2018 City of Topeka Budget and Capital Improvement Plan reflect the goals of the pavement management program to improve the overall pavement condition of streets from a PCI score of 55 to a PCI score of 60 over the next ten years. To achieve this goal, Public Works staff is implementing a Pavement Management Program (PMP). A PMP is an asset management framework used to effectively allocate resources to maximize the service life of pavements. The approach of a PMP places an emphasis on investing in the right mix of pavement management strategies over time to achieve desired PCI goals. The different pavement management strategies fall into three categories: 1. Preventative Maintenance: these strategies include crack sealing, surface seals, and other non- structural techniques designed to extend the service life of existing pavements. 2. Major rehabilitation & reconstruction: these strategies include structural overlays, mill & overlays, complete reconstruction and other techniques that significantly improve or restore the original service life of a pavement.  3. Full Depth Repairs & Stop Gap work: These strategies include temporary repairs such as pothole patching and strategic full depth patching to address localized severe pavement failures. To select the appropriate mix of strategies and develop project recommendations for the program, public works staff follows a multistep process. This process will be repeated for each CIP cycle to update completed work, adapt to changing conditions, and improve coordination with other CIP projects and City Plans, such as SORT, Bikeways Masterplan, and other planning activities. Staff has applied this process using the 2018 -2020 Capital Improvement Budget, ten-year CIP and desired PCI of 60. The results of this process provide a forecast of planned work for the next three years. During 2018 – 2020, the planned work includes approximately 225 lanes miles of preventative maintenance work, approximately 60 lane miles of major rehabilitation and reconstruction, and 14 lane miles of full depth repairs. The location of the preventative maintenance is shown in the Preventive Maintenance Plan. The first phase of this work will commence in November 2017, with an extensive crack sealing program. The crack sealing program will be followed by a surface sealing program in spring of 2018. The initial model output for the major work items and full depth repairs is shown in the Proposed Major Work Locations. Some of these locations are already included in the 2018 CIP. The remaining locations will be reviewed and coordinated with other projects as part of the annual CIP process. The projects locations listed on this map may change through the review and coordination process. BUDGETARY IMPACT: No changes to current budgets are recommended with this report. SOURCE OF FUNDING: Pavement Management Program activities are funded through four primary sources: 1. Property Tax used for debt service on General Obligation Bonds - Funds major street rehabilitation, reconstruction, and widening projects. 2. Sales Tax (Countywide and Citywide)- Countywide sales tax funds specific projects and includes preventative maintenance, major street rehabilitation, reconstruction, and widening. Citywide sales tax funds multiple types of street repairs, including rehabilitation and reconstruction. 1. Motor Fuel Tax Fund - These funds pay for the labor, material, equipment, and other operating costs of Transportation Operations -Street Maintenance Division. This division performs localized preventative maintenance and deferred maintenance/stop gap work. 2. Federal Fund/State Funds are used to fund specific projects that typical include reconstruction, traffic capacity/mobility, and safety improvements. ATTACHMENTS: Description Preventative Maintenance Plan Proposed Major Work Locations  P rev enta tiv eMa inten a ncePro jectL oca tio n s 2017-2 0 20 R oadM ain tena n ceW orkA rea s 2 017 -20 18W orkA rea 2 018 -20 19W orkA rea 2 019 -20 20W orkA rea P CIR ati ng < =55P oor 5 6-7 0Fa ir > 70G ood  M ajo rWo rkP roposedProjectL oca tio n s C IPSta tus 20 17 -2 020 2 017In iti ati ng 2 017D esign 2 017P lann ing 2 018P lann ing 2 018D esign 2 019P lann ing 2 019N otSta rte d 2 019A ppro ved P ave rRe comm end ati ons 2 017A dditi ona lRe comm end ati ons 2 018A dditi ona lRe comm end ati ons 2 019A dditi ona lRe comm end ati ons In set  City of Topeka Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 www.topeka.org October 10, 2017 DATE: October 10, 2017 CONTACT PERSON: Luther Ganieany, DOCUMENT #: Police Legal Counsel SECOND PARTY/SUBJECT: Panhandling PROJECT #: Regulations CATEGORY/SUBCATEGORY 006 Communication / 005 Other CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: OVERVIEW of regulations pertaining to pedestrians who solicit contributions from vehicles (Panhandling). VOTING REQUIREMENTS: Discussion only. No action required by the Governing Body at this time. POLICY ISSUE: Update regarding the legal issues involved with individuals soliciting donations from the occupants of vehicles. STAFF RECOMMENDATION: Discussion only. BACKGROUND: Questions are frequently asked about what level of authority the City has to regulate individuals who position themselves on public rights-of-way for the purpose of soliciting employment, business or contributions from the occupants of vehicles – including those who are acting on their own behalf, as well as individuals or organizations who are acting on behalf of a particular charity or cause. Most inquiries involve concerns related to potential injury to individuals darting in and out of traffic and property damage inflicted by distracted drivers. Although these concerns are valid, they must be balanced against legal rules and considerations pertaining to the government regulation of protected speech. BUDGETARY IMPACT: Not applicable SOURCE OF FUNDING: Not applicable