FW: City Policy

More to come

 

From: Stephen M. Wade <swade@topeka.org>
Sent: Tuesday, December 20, 2022 3:38 PM
To: Henry McClure <mcre13@gmail.com>; City Clerk <cclerk@Topeka.org>
Cc: Amanda L. Stanley <alstanley@topeka.org>
Subject: RE: City Policy

 

Mr. McClure,

 

Thank you for your email. On 11/21/22, a public hearing was held, as required by state law.   Four neighbors spoke as did representatives from OneGas.  After everyone had the opportunity to speak, the Chair declared that the public hearing was closed.   The Planning Commission voted to table the matter till December and requested that OneGas amend its plan to address some of the neighbors' concerns:   move the compressor north and away from the residences, install lighting and install a landscape buffer. After hearing staff's report and acknowledging that OneGas had complied with the Commission's request, the Commission voted 6-1 to recommend approval to the Governing Body. That is scheduled for GB consideration on Jan. 10.

 

It appears we have complied with all state laws.

 

Steve

Stephen Wade

City Manager

City of Topeka

785.250.9724

 

 

 

 

 

From: Henry McClure <mcre13@gmail.com>
Sent: Monday, December 19, 2022 8:57 PM
To: City Clerk <cclerk@Topeka.org>; Governing Body <governingbody@topeka.org>
Cc: Stephen M. Wade <swade@topeka.org>
Subject: Fwd: City Policy

 

 

Attached are the cases - your advertising of the procedures even the simplest person would think there would be a public hearing 

 

What is the State Law on public hearings? Doesn't that law have to apply to the planning commission? 

 

Tonight, the chairman of the planning commission did NOT open a case carried over from last month that had significant changes to the PUD plan. 

 

Many residents are NOT in favor of spot zoning. 

 

First, you add O&I, which has a backup generator already, making the neighborhood unpleasant every time the generator starts automatically as a test run. Now Adding I-light is simply wrong. 

 

The Gas company can locate this anywhere. 

 

This case needs administrative review and a NO Vote. 

 

This can't be compliant with Kansas law. The public has a right to due process as the planning commission is quasi-judicial. 

 

Due to the fact, the City Council does NOT hold a public hearing if nothing this should be remanded back so a public hearing can take place.

 

What is an example of quasi-judicial 

Examples of quasi-judicial decisions include decisions on: variances, special exceptions, subdivision plats, zoning code violations, site-specific rezoning to PUD, site plan review and the decisions of a board of adjustment, and many decisions of a planning commission.

 

--

Henry McClure 

Time kills deals

785-383-9994


 

--

Henry McClure 

Time kills deals

785-383-9994

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