Derby City Council

AGENDA City Council Meeting 6:30 PM - Tuesday, March 8, 2022 Council Room NOTE: In order to best accommodate space in the Council Room members of the public desiring to speak during Public Forum are asked to please submit a request to the City Clerk by noon on the day of the City Council meeting. City Clerk Lynn Ciarleglio may be reached via email at cityclerk@derbyweb.com or phone at 316-788-3132. If you prefer, you can send your comments to the City Clerk by noon on the day of the meeting, and those comments will be read aloud at the meeting. Questions or comments on agenda items may also be submitted to your elected officials directly by e-mail or phone before the meeting (contact information at www.derbyks.com) or to the City Clerk. Page 1. CALL MEETING TO ORDER 2. FLAG SALUTE 3. INVOCATION--PASTOR BEN RAY, FIRST PRESBYTERIAN CHURCH 4. ROLL CALL 5. ACCEPTANCE OF AGENDA 5.1. Adoption of the Agenda Recommended Motion: Approve the meeting agenda, as presented. 6. PRESENTATIONS 6.1. Senior Center and Derby Dash 2021 Annual Report 3 - 10 Agenda Item Report - AIR-22-042 - Pdf 7. PUBLIC FORUM 8. CONSENT AGENDA 8.1. Consideration of Minutes 11 - 26 Recommended Motion: Approve the regular meeting minutes, as presented. City Council - 22 Feb 2022 - Minutes - Pdf 8.2. Purchase of Two SonicWall Firewalls 27 Agenda Item Report - AIR-22-045 - Pdf 8.3. Resolution to Dissolve Public Wholesale Water District No. 22 29 - 31 Agenda Item Report - AIR-22-046 - Pdf Page 1 of 53  030822 Resolution of Dissolution for PWWSD 22 9. NEW BUSINESS 9.1. Agreement for Sanitary Sewer Extension Plan 33 - 36 Recommended Motion: Authorize execution of an agreement with Professional Engineering Consultants in an amount not to exceed $62,500 to complete a Sanitary Sewer Extension Plan. Agenda Item Report - AIR-22-043 - Pdf 9.2. Fire Staffing Study 37 - 38 Recommended Motion: Authorize the City Manager to finalize terms and enter into a contract for a fire staffing study with AP Triton in the amount of $29,831. Agenda Item Report - AIR-22-041 - Pdf 9.3. American Rescue Plan Act (ARPA) Funding Overview 39 - 45 Recommended Motion: Receive and file the report and provide feedback. Agenda Item Report - American Rescue Plan Act (ARPA) Overview - Pdf 9.4. Derby Storm Shelters 47 - 52 Recommended Motion: Receive and file the report and provide feedback. Agenda Item Report - AIR-22-049 - Pdf 9.5. Memorandum of Understanding with Derby Public Library 53 Recommended Motion: Authorize the Mayor to sign the MOU with the Derby Public Library in substantially the form presented. Agenda Item Report - AIR-22-047 - Pdf 10. ANNOUNCEMENTS 11. ADJOURNMENT Page 2 of 53  Presentation Subject: Senior Center and Derby Dash 2021 Annual Report Meeting: City Council - 08 Mar 2022 Presented by: BreAnna Monk, Senior Services/Transportation Director Guests: Members of the Senior Center Advisory Board BACKGROUND: • The purpose of the 2021 Annual Report is to inform the City Council of the activities and accomplishments of the Senior Center and Derby Dash during the previous year. ATTACHMENTS: 030822 Senior Center and Dash 2021 Annual Report Page 3 of 53  2/28/2022 Senior Center and Derby Dash 2021 Annual Report BreAnna Monk, Director City Council Meeting - March 8, 2022 Join Us • 55+ or married to someone 55+ • Fill out application at the center or apply online • Only Level III senior center in Sedgwick County • Nationally Accredited through NISC (one of 2 in KS and over 200 across the US) • Re-accreditation May 2021 1 Page 4 of 53  2/28/2022 Mission Support positive aging where educational, physical, and cultural programs enrich the lives of individuals and the community. Senior Center Advisory Board • Eleanor Underwood, Chair • Dixie Chapman, Vice-Chair • Diane Schmitt, Treasurer • Thomas Davidson, Jr., Secretary • Jim Burgess • Janice Neagle • Marsha Volz 2 Page 5 of 53  2/28/2022 COVID-19 • Attendance up 49% (2020 to 2021) • Various Measures last 2 years with vulnerable population: • Masks • Virtual Programming • Room capacity • Social distancing • Temperature checks • Sanitizer Senior Center Participation County Requirements 2017 2018 2019 2020 2021 Baseline Activities 25 57 55 59 60 53 Educational Activities 100 104 116 101 38 44 Special Events 30 71 76 63 25 44 Evidence Based N/A 3 4 3 2 4 Patrons 2,501 3,034 2,987 3,329 3,113 3,308 Volunteers 129 149 151 138 97 ---------------- Volunteer ---------- ---------- ---------- ---------- ---------- Percentage 2% 4.3% 5% 4.5% 4.4% 3% Participants N/A 109,230 109,814 103,870 71,998 77,789 3 Page 6 of 53  2/28/2022 97 Volunteers 2021 Goal: – Recruit at least 2% of patrons to volunteer to serve other seniors in need (goal of 66) – 7,063 hours volunteered – Pay equivalent $110,533 • Increase of 1,846 hours and $83,640 pay equivalent (2020) 50th Anniversary • Celebration September 2021 • Approximately 200 Senior Center patrons • Golden Agers • Started in 1971 • New location 2002 • Current membership 3,308 patrons 4 Page 7 of 53  2/28/2022 Veteran Quilts • 2,000 Volunteer hours • Over 10 Volunteer Quilters • 52 Quilts donated • Featured on PBS Channel 8 Health Insurance Counseling • Volunteer SHICK counselors saw 241 individuals during Medicare Prescription Drug open enrollment. – 7% increase (226) (October 15 – December 7) • 138 people saved $132,144 • Increase of 43 individuals and $54,419 of savings 5 Page 8 of 53  2/28/2022 Derby Dash Total Rides: 9,298 • Up 2,200 from 2020 Total Riders: 209 • 161 adults/48 school age children Revenue: $18,192 (actual) • Up $5,208 from 2020 Revenue Breakdown: • Ride Cards $15,344 • Scholarship Fund $2,848 Revenue/Riders 35,000 $18,715 $18,409 $18,802 $18,736 $18,148 30,000 $17,382 $17,016 $18,192 25,000 $15,190 $12,984 20,000 15,000 10,107 9,949 11,013 10,394 9,538 9,220 8,811 9,298 10,000 8,095 7,098 5,000 0 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Revenue $15,190 $18,715 $18,409 $17,382 $17,016 $18,802 $18,736 $18,148 $12,984 $18,192 Riders 8,095 10,107 9,538 9,220 8,811 9,949 11,013 10,394 7,098 9,298 6 Page 9 of 53  2/28/2022 Looking Ahead in 2022 • EnhanceFitness • Senior Center Garden • Senior Center re-accreditation • Tournaments 7 Page 10 of 53  MINUTES City Council Meeting 6:30 PM - Tuesday, February 22, 2022 Council Room 1 CALL MEETING TO ORDER The City Council meeting was called to order on February 22, 2022 at 6:30 p.m. in the Council Room. 2 FLAG SALUTE Council President Nick Engle led the flag salute. 3 INVOCATION Mayor Randy White led the invocation. 4 ROLL CALL PRESENT: Council Member Rocky Cornejo Council Member Jack Hezlep Council President Nick Engle Mayor Randy White Council Member Tom Keil Council Member Jenny Webster Council Member Rick Coleman Council Member Elizabeth Stanton Council Member Chris Unkel ABSENT: None 5 ACCEPTANCE OF AGENDA 5.1 Adoption of the Agenda Nick Engle moved, seconded by Jenny Webster, to approve the meeting agenda, as presented. RESULT: Carried MOVER: Nick Engle SECONDER: Jenny Webster AYES: Rocky Cornejo, Jack Hezlep, Nick Engle, Tom Keil, Jenny Webster, Rick Coleman, Elizabeth Stanton, and Chris Unkel 6 PRESENTATIONS 6.1 Derby Community Foundation Grant for Derby Dash Page 1 of 16 Page 11 of 53  Theresa Hearn, Executive Director; Keith Humphrey, Chair; and Elizabeth Stanton, Vice Chair; Derby Community Foundation presented the grant. BACKGROUND: • The Derby Community Foundation awarded the Derby Dash a grant of $500. • The donation will be used to assist income-qualified riders who need financial assistance to ride the Derby Dash. • Grants such as this enable the Derby Dash to provide transportation to those in need who might otherwise be unable to ride due to cost. Theresa Hearn, Executive Director, Derby Community Foundation, said the Foundation's gala, their largest annual fundraising event, is being held virtually on Saturday, February 26. Raffle tickets for great prizes are still available at $30 each. BreAnna Monk, Senior Services/Transportation Director, thanked the Derby Community Foundation for their generosity. The DCF has awarded many grants over the years to the Senior Center and Derby Dash; they are valued partners in making our community great. 6.2 Municipal Court 2021 Annual Report Doug Chambers, Court Administrator, gave the agenda report, recognizing Judge Murfin in attendance. BACKGROUND: • The purpose of the 2021 Annual Report is to inform the City Council of the activities and accomplishments of the Court during the previous year. Kiel Mangus, City Manager, asked Doug to talk about backlog of court cases being seen at the district court level. Doug Chambers, Court Administrator, said Derby was fortunate during the pandemic to have only a few sessions canceled and we have no backlog relative to district court. We were able to get dockets rolling again soon in comparison to other courts. People were willing to work with alternative resolutions for cases that did not need a physical appearance before the court. Mayor Randy White thanked Mr. Chambers and his team for their work. 6.3 Police Department 2021 Annual Report Robert Lee, Police Chief, gave the agenda report, recognizing Deputy Chief Brandon Russell and Animal Control Officer Tori Brown in attendance. Page 2 of 16 Page 12 of 53 BACKGROUND: • 2021 was a busy and challenging year. • Saw an increase in traditional Part I crimes of 9% with the majority of the increase attributed to theft from motor vehicles. • Confident that issues related to the pandemic account for a portion of the 9% increase in Part I offenses. o Depleted staffing in some larger retailers o Suspects wearing masks making ID difficult o Court backlog for felony offenses o Officers out with COVID • In 2021 we were required to begin tracking crime according to the National Incident Based Reporting System (NIBRS). New requirement will now track 49 Group A crimes instead of the 8 previous Part I crime offenses. • Cases and arrests rose significantly at the DHS, DMS and DNMS. o Anticipated as most learning in 2020 was done remotely and in 2021 we saw students back in the classroom. o Most of the arrests (96%) are for tobacco or vaping violations. Offenses rose 176% (196) and arrests rose 386% (68). • Traffic accidents increased by 18% going from 368 in 2020 to 436 in 2021. o 132 people injured in traffic accidents compared to 125 in 2020. One fatality accident in 2021 o Officers wrote 2,932 citations and issued 3,365 warning citations. • Clearance rates for crimes continue to greatly exceed the national average with 61% of crimes against persons cleared (18% higher than national average) and 51% of property crimes cleared (36% higher than national average). • Enhanced DUI enforcement resulted in a 9% increase of DUI arrests with 123 people charged. • Shoplift Reduction Team was successful for a slight drop in shoplifts in 2021 (bucking the national trend of significant increase in thefts). o Responsible for the recovery or prevented theft of $58,000 in merchandise. • Comparing Part I offenses for 2021 to 2009 when community policing was first implemented we have had a 27% reduction in crime. This is remarkable considering the growth in both business and residential development since 2009. • Animal Control Officers did a phenomenal job in reuniting lost animals with their owners. Out of the 261 animals placed in our care due to being lost all but 33 were reunited with owners without being transported to the animal shelter. Once at the shelter all were either reunited with owners or adopted. Council Member Tom Keil said he appreciates Chief Lee's leadership and that of his department. He sees many social media posts that have responses saying the author should report the incident to the police. Does the department have someone on staff monitoring social media for possible issues? Page 3 of 16 Page 13 of 53  Robert Lee, Police Chief, said yes. We do monitor social media, but unfortunately often times issues still come to the department's attention after gaining momentum and there never is a direct contact or report received relating to the matter. 9-1-1 remains the correct way to get in touch with the department. Mr. Keil asked how many open positions the department has. Chief Lee replied three. Council Member Elizabeth Stanton said as a pet owner she appreciates the dedication of Derby's Animal Control Officers. When a pet is missing, it is a horrible feeling. The rate of success in reuniting pets with owners within our community is commendable. 7 PUBLIC FORUM Mayor Randy White stated no one had signed up to speak or sent in items to be shared during Public Forum. Mayor White said our community has many big-hearted members who jump in to assist and support others with needs. The response from our residents to a recent tragedy reminded him again what a great city this is to call home. 8 CONSENT AGENDA 8.1 Consideration of Minutes 8.2 Farmers Market Agreement Renewal BACKGROUND: • This agreement provides for the City of Derby to host the Kansas Grown Farmers Market this year on Saturday mornings in the parking lot of Madison Avenue Central Park. • The market would be open to the public from 8:00 a.m. to noon on Saturdays beginning April 2, 2021 and running through October 29, 2021. • This contract also authorizes Kansas Grown to use the parking lot of Madison Avenue Central Park for two pre-season markets in March when early produce may be available but the market season is not yet in full swing. • Kansas Grown has provided the City with information demonstrating the market's community impact: o At the height of the season, Kansas Grown vendors had between 15 and 28 stalls weekly at the Derby market. In the earlier and later parts of the season the typical number of stalls is between eight and 18. o In 2021, Kansas Grown hosted two chef demo days teaching people how to cook with in-season produce. Kansas Grown also hosted a Customer Appreciation Day and collaborated with the Page 4 of 16 Page 14 of 53  Derby Chamber of Commerce during its annual Chamber Chili Cookoff event. o Kansas Grown participates in the Double Up Food Bucks grant program that doubles up to $25 weekly for shoppers with SNAP or Vision food assistance cards to allow additional purchases of fruits, vegetables or plant seeds that grow vegetables, from the market. • Other than dates, times and location, most of the terms of this agreement have not changed since 2015. FINANCIAL/SUSTAINABILITY CONSIDERATIONS: • The attached agreement requires Kansas Grown to get a city permit ($25 fee), provide proof of insurance and provide its own traffic cones and flags to separate pedestrians from vehicular traffic. RECOMMENDED MOTION • Authorize execution of the agreement. 8.3 Senior Center Funding Agreement BACKGROUND: • Each year since Derby's Senior Center has been accredited, Sedgwick County has provided $115,000 to fund operations. • The county has requirements each year for the types of programs/training which must be offered, record keeping, and promotions. • The City has agreed to these conditions since they are consistent with our mission at the Senior Center. • In 2016, Sedgwick County changed the agreement to require the City Council to agree to and approve the new provisions. • This year's agreement is similar to last year's agreement in terms of requirements for funding. FINANCIAL/SUSTAINABILITY CONSIDERATIONS: • Approving this agreement provides funding for 2022 consistent with previous years for Senior Center operations, unless the County chooses to withhold or reduce those monies during this one-year agreement. Should that occur, the City would have to either find other sources of funding or reduce services. LEGAL CONSIDERATIONS: • The City Attorney has reviewed the agreement and is waiting on a revised Exhibit A to match last year's agreement. RECOMMENDED MOTION • Authorize execution of the agreement in substantially the form presented with the form of the final Exhibit A to be approved by the City Manager. Page 5 of 16 Page 15 of 53 8.4 Re-spread Special Assessments: Lot 4, Block A, Derby Destination Development Addition BACKGROUND: • The owner of a 1.53 acre lot located at the southwest corner of Independence Ave. and Rock Rd. has requested that the lot be split into two parcels to facilitate the sale of the northern portion of the lot for the development of a Strickland Brother’s 10 Minute Oil Change (Lot Split Attached). o On March 17, 2022, the Planning Commission will consider a Site Plan Review for Strickland Brother’s 10 Minute Oil Change. o Approval of a Lot Split is required prior to the issuance of a building permit. o Lot Splits are approved administratively if the proposed lots comply with the required bulk regulations. o Staff reviewed the Lot Split and found it acceptable; however, the existing special assessments on the lot need to be re-spread to the new parcels. o A re-spread agreement (attached) was submitted to re-assess the existing special assessments to the new parcels. o Final approval and recording of the Lot Split will occur after Council approval of the re-spread agreement. FINANCIAL/SUSTAINABILITY CONSIDERATIONS: • The proposed re-spread of special assessments to the new parcel configuration will not result in any additional costs to the City-at-large. LEGAL CONSIDERATIONS: • A re-assessment ordinance (attached) is necessary to specify how existing special assessments will be spread to the new parcel configuration. RECOMMENDED MOTION • Adopt an ordinance to re-assess existing special assessments apportioned to Lot 4, Block A, Derby Destination Development Addition, authorize the Mayor to sign, and direct staff to record the re-spread agreement. 8.5 Purchase of Two Mobile Video Recorders BACKGROUND: • The Derby Police Department uses Mobile Video Recorders (MVRs) to document interactions with citizens, police pursuits, etc. Currently all 14 patrol vehicles have an MVR. • We need to replace two MVRs that are near the end of life expectancy. The old model is no longer available, so an upgraded model is required. • The new models have the ability to automatically download video to the server we currently use. This shortens the download time. We will no longer have to store data from those two MVRs on discs. Page 6 of 16 Page 16 of 53  FINANCIAL/SUSTAINABILITY CONSIDERATIONS: • The purchase price from the sole source vender, Watch Guard, for two MVRs and warranties is $12,700, which is $1,500 under the budgeted amount of $14,200. • A sole source provider, Watch Guard has been the vendor for all of our MVRs for many years. It is the only MVR system compatible with the server/software combination purchased from Watch Guard three years ago. RECOMMENDED MOTION • Approve the purchase of two MVRs from Watch Guard for $12,700. 8.6 Purchase of Robotic Total Station Surveying System BACKGROUND: • The 2022 Equipment Replacement Plan includes the purchase of survey equipment for engineering staff to perform field surveying as necessary for city projects and to assist other departments in projects. • The City's current survey equipment is 30 years old and replacement parts are difficult to obtain. Batteries are no longer available for purchase and must be rebuilt. The data collection and surveying system is considered obsolete and inefficient by current industry standards. • Staff found that a robotic total station which allows one person to survey would best fulfill project needs and would improve overall efficiency in operations. • A request for proposal (RFP) was posted on the City website on December 10 and potential vendors were notified by email. The city received two proposals in response to the RFP. Proposal Vendor Amount Seiler $33,325.80 Geospatial Laser $28,985.00 Specialists • Staff recommends purchasing the equipment from Seiler Geospatial at a cost of $33,325.80. • The lowest cost proposal from Laser Specialists did not meet the specifications in the RFP. o It did not meet the environmental and data collector specifications intended to assure the equipment is durable from exposure to field conditions. o It also is comprised of a mix of equipment and software from various companies. • The equipment from Seiler Geospatial met all the requirements in the RFP, including the environmental specifications, and is compatible with our current equipment and software. Page 7 of 16 Page 17 of 53  o The Seiler unit is compatible with GPS survey equipment already in use by the City. The existing data collector, utilized with the City's existing GIS equipment, will become unusable after the next computer upgrade because of software compatibility issues. Therefore, the new data collector will act as a backup unit to existing equipment but will also save the City from having to purchase a replacement unit estimated to cost $4,285. o Engineering staff has been pleased with the technical supports/customer service and interface of the current software. Staff have used other software but found the current software and service to be superior. o Staff will save time on training due to familiarity with the equipment and software. FINANCIAL/SUSTAINABILITY CONSIDERATIONS: • The 2022 Equipment Replacement Plan includes $35,000 for the purchase. • While the proposal from Seiler Geospatial is $4,340.80 higher than the proposal from Laser Specialists, it is recommended because it meets all the requirements in the RFP, is under budget and will save the City money in the near future. • Staff inquired about trading-in the current equipment and did not find any value in doing so because the equipment is obsolete. • On February 10, the Bid Board reviewed both proposals and recommended the purchase from Seiler Geospatial. RECOMMENDED MOTION • Approve the purchase of robotic total station survey equipment from Seiler Geospatial for $33,325.80. Nick Engle moved, seconded by Rick Coleman, to approve the Consent Agenda, as presented. RESULT: Carried MOVER: Nick Engle SECONDER: Rick Coleman AYES: Rocky Cornejo, Jack Hezlep, Nick Engle, Tom Keil, Jenny Webster, Rick Coleman, Elizabeth Stanton, and Chris Unkel 9 NEW BUSINESS 9.1 Zone Change: R-1 "Single-Family Residential" to R-PUD "Residential Planned Unit Development": Georgie School Addition Everett Haynes, Assistant City Planner, gave the agenda report, recognizing Tom Schmeidler, applicant, and Kirk Miller, applicant's agent, in attendance. BACKGROUND: General Location: Page 8 of 16 Page 18 of 53  • 1101 N. Georgie Ave. (Former Pleasantview Elementary School, location map attached). Applicant/Agent: • Applicant: Tom Schmeidler, Herr Schmader, LLC • Agent: Kirk Miller, K.E. Miller Engineering, P.A. Reason for Request: Facilitate development of a 32 unit multi-family senior housing project. Background Information: • The property owner of the former Pleasantview Elementary has requested a zone change from R-1 "Single-Family Residential" to R-PUD "Residential Planned Unit Development" in order to redevelop the property as senior housing. o Pleasantview Elementary School was constructed in 1955 and operated until its closure in 2019. The school property was sold to the applicant in 2020. o The applicant intends to demolish much of the school building but retain portions that will be renovated as apartments. The gym will also be retained for use by the future residents. The attached Georgie School R-PUD identifies which portions of the existing school structure will remain. o New duplex-style apartments will also be constructed on the site. o The development will also include common areas and exterior exercise courts for residents' use. o The buildings will be constructed of similar materials as homes in the surrounding neighborhood and of a similar architectural style. Renderings of the proposed development are attached for reference. • R-PUD encourages innovation in residential development by permitting greater variety and flexibility, allowing more efficient use of land by reflecting changes in residential land development, and promoting development which incorporates the best features of modern residential design. R-PUD also provide assurances that the site will be developed in accordance with the approved plan. FINANCIAL/SUSTAINABILITY CONSIDERATIONS: • City services are available on or near the property. Approval of the zone change is not anticipated to create additional burden on city finances. The developer shall be responsible for financing any necessary improvements and/or extensions of utilities necessary to serve the development. LEGAL CONSIDERATIONS: • All conditions precedent to the Council's consideration of this requested zone change have been satisfied. o The Planning Commission conducted the required preliminary R- PUD public hearing on September 16, 2021 and the final R-PUD Page 9 of 16 Page 19 of 53  public hearing on December 16, 2021. An excerpt of the December 16, 2021 Planning Commission meeting minutes is attached for reference. o No protest petition was filed within the statutory 14-day protest period following the public hearing. • Rezoning a specific tract of land is a quasi-judicial proceeding and requires disclosure of ex parte communications. • In accordance with state law, the Council may take one of the following three actions when considering adoption of the recommended zone change. o Adopt the recommendation of the Planning Commission and approve the zone change by a majority vote (5 votes). o Override the recommendation of the Planning Commission and disapprove the zone change by a 2/3 majority vote (6 votes). o Return the recommendation to the Planning Commission with a statement specifying the basis for the Council's failure to approve or disapprove (5 votes). POLICY IMPLICATIONS: • The requested Residential PUD is consistent with recommendations of the Vision Derby 2040 Comprehensive Plan. • Site plan review and approval by the Planning Commission will be required prior to permitting and construction of the proposed housing units. RECOMMENDED MOTION • Adopt an ordinance changing the zoning of Lots 1-20, Block 15, Pleasantview Second Addition from R-1 "Single-Family Residential" to R- PUD "Residential Planned Unit Development" based on the Planning Commission's findings of fact. Council Member Jack Hezlep asked are these rentals, or will some be sold? Everett Haynes, Assistant City Planner, said they are rentals. Council President Nick Engle said it is nice to see this plan coming together and that some of the 70-year-old structure can be reused moving forward. I am pleased to see PUD planning tool being used to create infill. This is my part of town, and I think the neighborhood is pleased to see something happening with a property that has been vacant for some time. Nick Engle moved, seconded by Jenny Webster, to adopt an ordinance changing the zoning of Lots 1-20, Block 15, Pleasantview Second Addition from R-1 "Single-Family Residential" to R-PUD "Residential Planned Unit Development" based on the Planning Commission's findings of fact. Mayor Randy White asked the Council if they had any ex parte communications on this item. None had. Page 10 of 16 Page 20 of 53 Council Member Tom Keil asked will these properties be on the tax roll? Will these units be low-income senior housing? Kiel Mangus, City Manager, said it is unknown at this time if the applicant will have these properties on the tax roll or not. That is not pertinent to the zoning discussion but if the property does want to do that the matter would need to come back before Council at a later date. He is not aware of any plans to do so. Council Member Rick Coleman noticed these are lots 1 through 20. Since we are rezoning, would it make sense to replat this to match what is being built on the site? Mr. Haynes replied this will not require a replat since it is being considered one zoning lot. Jacque Butler, City Attorney, said the legal standard for Finding of Fact are found within the Planning Commission minutes contained in the agenda packet. Those Findings of Fact will help the Council know what their decision tonight is based upon. Mayor White noted when he read those minutes, he did not see any of the contacts or responses from the neighbors that were mentioned in the presentation. Mr. Haynes stated those were received at the preliminary public hearing. The minutes attached are from the final public hearing, at which no residents spoke. Mayor White said his only concern was if this project is a good fit for the neighborhood. He wanted to hear from the residents. It seems staff has had those contacts, and they have been positive. Will there be any parking or traffic issues from this change? Mr. Haynes said a minimum of 54 parking spaces are required. They are providing 63, and with the additional driveway spaces in front of the units, there will be as many as 103 spaces, far exceeding the minimum requirement. As senior housing, the property should cause much less traffic than it did in its original use as an elementary school. Mr. Mangus noted this section of Georgie Ave. was a one-way street when the property was a school. We have since reopened it to two-way traffic which has already helped and he believes the proposed housing will fit in well with the rest of the residential neighborhood. Council Member Rocky Cornejo asked why the preliminary hearing minutes were not included in the packet for review. Mr. Haynes said they can be provided to the Council, they just were not included. Page 11 of 16 Page 21 of 53  Mr. Cornejo said he would like to see them and know what residents had to say. It seems those comments should be part of the Finding of Facts. Ms. Butler said the Finding of Fact #8 summarized in your packet is sufficient for the Council to make a decision this evening. In the future, we can be sure to include both the preliminary and final hearing comments. Mr. Cornejo understands there are not many zone changes with PUDs that come before the Council, but moving forward, he would like to have all public comments attached to the agenda. Ms. Butler reminded the Council that public opposition or support is only 1 of 10 Findings of Fact they are to consider in making decisions. RESULT: Carried MOVER: Nick Engle SECONDER: Jenny Webster AYES: Rocky Cornejo, Jack Hezlep, Nick Engle, Tom Keil, Jenny Webster, Rick Coleman, Elizabeth Stanton, and Chris Unkel 9.2 Updates to the List of Priorities Kiel Mangus, City Manager, gave the agenda report. BACKGROUND: • On October 12, 2021, the City Council updated its list of priorities. Since then, staff has made progress on the 7 approved priorities. Some items have been completed and are recommended for removal from the list. A brief status report and updates on the items will be presented at the meeting. • Item 1 is recommended to be removed from the list. The City Manager has been performing in his new role for two months and the new Deputy City Manager has been on board one month. • Item 6 is recommended to be removed from the list because the immediate efforts have been completed although encouraging and supporting infill development will be an ongoing effort. • Items 7 is recommended to be removed from the list. With the updated subdivision regulations that were put into place at the beginning of the year, written consent to annexation is now obtained through the platting process. • Recommended additions to the priority list include the following and will be reviewed during the meeting: o Move up Explore dissolution of the El Paso Water Company to the priority list. o Add a new item for Development of Parks Master Plan. o Add a new item for ARPA Project Development o Add a new item for Water Treatment Plant/Wastewater Treatment Plan Master Plan Projects Page 12 of 16 Page 22 of 53  • Recommended additions to the Watch List include the following and will be reviewed during the meeting: o Community Survey Process POLICY IMPLICATIONS: • When a governing body agrees on priorities, staff time is used most productively. This list mostly includes enhancement projects to be worked on as time allows amid routine responsibilities. RECOMMENDED MOTION • Approve the City Council's updated list of priorities. Council Member Tom Keil asked have we looked at expanding the Derby Dash into evenings and weekends instead of the Uber option? Kiel Mangus, City Manager, said we have not. A few years ago, we looked into a Connecting Communities study done by WAMPO on an expanded route between Derby and Haysville. While well-intentioned, the reality is it just wasn't feasible. There would be very long waits for short rides. Public transit is costly. The financial difference between an on-demand model such as the Derby Dash where you make an appointment for a ride and transit that has a fixed route is significant. Other than the Uber pilot program, we are trying to find a junction place between the Haysville Hustle, the Derby Dash, and Wichita that might make sense. Council Member Rick Coleman asked what kind of interest or demand is there for after-hours or weekend rides? Mr. Mangus replied we hear mostly from those who already ride, from which there has not been an overwhelming need. We'd like to provide a pilot program in order to determine just how much interest in or need for the service exists in the community. Mr. Coleman asked if rides are limited to within the City limits. Mr. Mangus said the rides would be capped at $14, so $2 from the rider and up to $12 from the City. The service would be geofenced to have limits into Haysville and parts of Wichita. Contrary to popular belief, the Derby Dash can also leave the city limits. The longer trips, however, diminish the availability of the service for those requiring shorter rides. Council Member Elizabeth Stanton said at $2 per ride and around 10,000 rides annually, how much does the Derby Dash actually cost residents to operate? Mr. Mangus said he is not sure, but he can get those numbers for the Council. Page 13 of 16 Page 23 of 53 Ms. Stanton asked that the information be broken down into grants, revenues, and tax-payer costs. This will help in making decisions or determinations about transit programs. Mayor Randy White said he feels the two most important items on the priorities list are the Water and Wastewater Treatment Plant Projects and future funding for the Fire Department and Library. ARPA funding as a revenue source is something we need to be sure to utilize. Staff is doing a lot of work to assure those dollars come through and are put to the best use. Mr. Coleman recalled last year the City planned to hire 3 firefighters with a grant that did not come through. He'd like to compare Chief Turner's recommendations with that of the Fire Staffing Study. He would rather move forward with hiring those positions while the study is still being conducted; there is a definite need. Mr. Mangus said Chief Turner's recommendation is that we do the study, which includes a community risk analysis. During the budget process, you are likely to see a 2022 revised recommendation to bring in those 3 fire fighter positions later this year. Aside from those 3 positions, the staffing study will show how we have done since 2006 and where we need to be in the future. We pay for a portion of Fire out of the Derby Difference sales tax. If the study shows we need to expand staffing over the next 10 years, we need to look at how to fund those positions. This also ties into the community survey, as well, to see how we should proceed and from what funding area. Mr. Keil asked for the timeline of the Derby Difference sales tax. Mr. Mangus said it expires December 31, 2024. The Parks Master Plan and the Fire Staffing Study will be complete and bring forth recommendations later this year to feed into the community survey. The survey intent is to help provide guidance to Council on crafting the next Derby Difference funding priorities and a question, We hope to have a sales tax question to the public at the end of 2023 which would put us ahead of the December 31, 2024 deadline by at least a year. Mr. Keil said we have discussed affordable housing and senior housing a bit over the last few months. Where does that issue stand as far as the Priorities List? Mr. Mangus said RDG was the company that conducted the statewide study. From that study, they already had a lot of Derby data, so they were hiredto conduct a Derby-specific study. The study will provide an analysis of what Derby is lacking in housing and future demands. Realtors and developers can look at the data and help to meet housing needs. There has never been a need for growth incentives on housing in Derby; we have just grown. When the results of the study come back, though, we may look into housing incentives such as a Rural Housing Incentive District, or other means of encouraging growth. Page 14 of 16 Page 24 of 53  Mr. Keil asked if the study would show a need not only for senior housing, but also include facilities such as full-service senior living? Mr. Mangus said he is not sure of the level of detail the results will show. The typical approach has been that new development should pay for itself; tax-payers have not had to subsidize the growth. It may not always be that way. What will Derby need to do to continue growth and allow for affordable and accessible housing for current and future residents? Tom Keil moved, seconded by Rick Coleman, to approve the City Council's updated list of priorities. RESULT: Carried MOVER: Tom Keil SECONDER: Rick Coleman AYES: Rocky Cornejo, Jack Hezlep, Nick Engle, Tom Keil, Jenny Webster, Rick Coleman, Elizabeth Stanton, and Chris Unkel Mayor White said he appreciates the Priorities List as a tool to assist the Council in directing staff efforts on what is most important and to keep us focused as a governing body. At 8:09 p.m. Mayor Randy White recessed the City Council meeting to hold the El Paso Water Company Board meeting. The City Council meeting reconvened at 8:10 p.m. 10 EXECUTIVE SESSION--PRELIMINARY DISCUSSION CONCERNING ACQUISITION OF REAL ESTATE Nick Engle moved, seconded by Rick Coleman to take a short break and then recess to Executive Session for preliminary discussion concerning acquisition of real property near the K-15 corridor for the purpose of protecting the City's negotiating interests, and reconvene the open meeting here in the Council Room at 8:26 p.m. RESULT: Carried MOVER: Nick Engle SECONDER: Rick Coleman AYES: Rocky Cornejo, Jack Hezlep, Nick Engle, Tom Keil, Jenny Webster, Rick Coleman, Elizabeth Stanton, and Chris Unkel Council President Nick Engle returned the meeting to open session at 8:26 p.m. and said no binding action was taken in Executive Session. Nick Engle moved, seconded by Jenny Webster to recess to Executive Session for preliminary discussion concerning acquisition of real property near the K-15 corridor for the purpose of protecting the City's negotiating interests, and reconvene the open meeting here in the Council Room at 8:31 p.m. RESULT: Carried Page 15 of 16 Page 25 of 53  MOVER: Nick Engle SECONDER: Jenny Webster AYES: Rocky Cornejo, Jack Hezlep, Nick Engle, Tom Keil, Jenny Webster, Rick Coleman, Elizabeth Stanton, and Chris Unkel Council President Nick Engle returned the meeting to open session at 8:31 p.m. and said no binding action was taken in Executive Session. 11 EXECUTIVE SESSION--ATTORNEY-CLIENT PRIVILEGE CONCERNING POTENTIAL REAL ESTATE ACQUISITION AND PROJECT FUNDING OPPORTUNITY Nick Engle moved, seconded by Jenny Webster, to recess to Executive Session for consultation with the City Attorney on matters deemed to be of attorney- client privilege for the purpose of receiving legal advice and discussing potential land acquisition and project funding opportunities, and reconvene the open meeting here in the Council Room at 8:46 p.m. RESULT: Carried MOVER: Nick Engle SECONDER: Jenny Webster AYES: Rocky Cornejo, Jack Hezlep, Nick Engle, Tom Keil, Jenny Webster, Rick Coleman, Elizabeth Stanton, and Chris Unkel Council President Nick Engle returned the meeting to open session at 8:46 p.m. and said no binding action was taken in Executive Session. 12 ANNOUNCEMENTS - NONE. 13 ADJOURNMENT Nick Engle moved, seconded by Rick Coleman, to adjourn the meeting at 8:46 p.m. RESULT: Carried MOVER: Nick Engle SECONDER: Rick Coleman AYES: Rocky Cornejo, Jack Hezlep, Nick Engle, Tom Keil, Jenny Webster, Rick Coleman, Elizabeth Stanton, and Chris Unkel City Clerk Mayor Page 16 of 16 Page 26 of 53 Consent Agenda Item Subject: Purchase of Two SonicWall Firewalls Meeting: City Council - 08 Mar 2022 Presented by: Richard Montano, Operations Manager BACKGROUND: • In 2022, the City experienced a $16,000 increase in cyber liability insurance coverage from the prior year. This increase was mainly due to the cities inability to provide certain cyber security measures. • In order to provide the cyber security measures the cities current firewall setup needs upgraded with the purchase of two new firewalls. • The proposed upgrade will allow the City to purchase cyber liability coverage in the future at reduced rates with a projected cost savings of anywhere from $10,000-$13,000. • The City received bids from three different vendors for the firewalls. CDW-G provided the lowest, responsible bid with a total cost of $14,787.36 for two units. Company Equipment Price Strategic Data Storage SonicWall NSa 3700 $14,957.64 CDW-G SonicWall NSa 3700 $14,787.36 SHI International SonicWall NSa 3700 $15,773.54 FINANCIAL/SUSTAINABILITY CONSIDERATIONS: • The firewalls will be purchased using savings from the 2021 computer replacement budget that were carried over into 2022. The remaining $7,542.50 will come from contingencies in the General Fund. • On February 28, 2022, the Bid Board reviewed the proposals and recommended the low bid from CDW-G. RECOMMENDED MOTION: • Approve the purchase of two SonicWall NSA 3700 Security Appliances in the amount of $14,787.36 from CDW-G. Page 27 of 53 Page 28 of 53  Consent Agenda Item Subject: Resolution to Dissolve Public Wholesale Water District No. 22 Meeting: City Council - 08 Mar 2022 Presented by: Jacque Butler, City Attorney BACKGROUND: • In 2000, Derby, Mulvane, and Sedgwick County Rural Water District No. 3 entered into an agreement for organization of a public wholesale water supply district for the purpose of exploring and securing a stable supply of potable water for the three jurisdictions. o Each entity contributed up to $5,000 to form the district and secure initial engineering studies. • Records indicate the District was officially recognized in 2002 as Public Wholesale Water Supply District No. 22. • Subsequent to the formation of the district, Derby and RWD3 entered in agreements with Wichita for the purchase of water and the district took no action to annex lands for benefit of the district. • Counsel for RWD3 contacted Derby and Mulvane in mid-January to notify the cities that the district remained in effect and that a bank account existed containing $2,474.84 in district funds and also to inquire about the cities' interest in continuing or dissolving the district. o Staff researched the history and determined that the district has been inactive for many years and the City's present and future water needs are being met and planned for without benefit of the district. • The attached resolution, already signed by RWD3 and Mulvane, dissolves Public Wholesale Water District No. 22 and provides for the equal division of the remaining funds of the district among the original 3 entities. RECOMMENDED MOTION: • Approve a Resolution authorizing termination & dissolution of Public Wholesale Water Supply District No. 22 ATTACHMENTS: 030822 Resolution of Dissolution for PWWSD 22 Page 29 of 53 Page 30 of 53 Page 31 of 53 Page 32 of 53 New Business Item Subject: Agreement for Sanitary Sewer Extension Plan Meeting: City Council - 08 Mar 2022 Presented by: Alex Lane, City Engineer BACKGROUND: • As a city grows it is necessary to evaluate the impacts of growth on existing infrastructure while also planning plan for future expansion. • Derby provides a high quality of life that makes it attractive for both residential and commercial development. City staff frequently receives inquiries regarding the availability of developable land. The consistent limiting factor in identifying developable land is the ability to provide sanitary sewer service. o Extension of large and expensive interceptor sewers are typically utilized to expand areas of service. Smaller lateral sewer systems are connected to the interceptor sewers to provide service to new developments. • In 2017, the City contracted with Burns & McDonnell to model the city's sanitary sewer system and assess the ability of the City's existing interceptor sewers to accommodate additional flow. Of particular interest was the ability of the City's mid-town interceptor to accommodate additional growth to the north along Rock Rd. o As a result of the 2017 study, the City constructed a sanitary sewer lift station in Stone Creek Park to divert some flow from the mid-town interceptor to the west side interceptor. o The lift station project relieved pressure on the mid-town interceptor allowing for additional growth along the Rock Road corridor. o As part of the recent Wastewater Treatment Master plan process some additional design work was completed to refine and include the new Stone Creek Lift Station in the model. • In order to ensure sanitary sewer service needs could be identified and met for future growth a sewer extension plan project was added to the City's Capital Improvement Plan (CIP). • The study will identify areas where sewer service can reasonably be extended to the growth areas identified in the Vision Derby 2040 Comprehensive Plan. • The project will evaluate the ability of existing downstream sewers to accommodate additional flow, and identify the most cost effective ways to extend service to growth areas and results of the plan will be used to program future CIP projects. • On December 10, 2021 the City issued a request for Statements of Qualifications (SOQ) for professional services to assist the City with developing a plan for extension of sanitary sewer. o The SOQ indicated that engineering firms could partner with Burns & McDonnell (who has the cities existing sanitary sewer model) to evaluate impacts on existing interceptor sewers, or provide their own method to evaluate the existing system. Page 33 of 53  o SOQ's were due on January, 26th 2022 and Professional Engineering Consultants (PEC) provided the only proposal to provide the requested services. o PEC's proposal includes sub-contracting with Burns & McDonnell to utilize the existing model to evaluate sewer extension options and impacts on the existing system. o Engineering firms that did not submit a SOQ and were contacted and indicated they chose not to submit based on their existing workload. FINANCIAL/SUSTAINABILITY CONSIDERATIONS: • PEC proposed a fee not to exceed $62,500 to complete the study and provide a plan for future sewer extensions. The actual modeling effort necessary to evaluate study options will determine final cost. • The City budgeted $50,000 in the Wastewater Fund for the project. There are adequate funds available in the Wastewater Fund to cover the additional costs due to savings on other treatment plant improvements in 2021. POLICY IMPLICATIONS: • The study will provide information for future City growth while limiting adverse impacts to the existing system, inform decisions on future CIP projects, and assure that future service is provided cost effectively. RECOMMENDED MOTION: • Authorize execution of an agreement with Professional Engineering Consultants in an amount not to exceed $62,500 to complete a Sanitary Sewer Extension Plan. ATTACHMENTS: Derby SS Extension Study - Exhibit A Page 34 of 53  EXHIBIT A A. Project Description. 1. The Project shall consist of evaluating the City’s existing sanitary sewer system to determine potential improvements for future sanitary sewer extensions. B. Anticipated Project Schedule. 1. PEC shall commence its services on the Project within 7 days after receiving CLIENT’s notice to proceed. 2. PEC and CLIENT anticipate that the study will be completed and final deliverables provided to the CLIENT within approximately 6 months after receiving Notice to Proceed. 3. CLIENT acknowledges that directed changes, unforeseen conditions, and other delays may affect the completion of PEC’s services. PEC will not have control over or responsibility for any contractor or vendor’s performance schedule. C. Project Deliverables. 1. This Project Deliverables shall consist of the following sealed by an Engineer licensed in the State of Kansas where applicable: a) Preliminary Report b) Final Report D. Scope of Services. 1. Sanitary Sewer Study Scope of Services: a) Participate in a kickoff meeting to discuss project improvements. b) Attend up to two progress meetings with CLIENT. c) Evaluate existing and future sanitary sewer flows to the wastewater treatment plant (WWTP) and in the existing interceptor sewers. Flows will be utilized from existing studies performed for the treatment plant and collection system. d) Utilize GIS and LIDAR data to determine ultimate service areas and extensions of existing drainage basins. e) Evaluate the City’s existing sanitary sewer model to determine known problem areas and known capacity concerns. f) Determine potential and projected growth areas for their ability to be served and identify proposed improvements required to serve the subject areas. g) Evaluate anticipated flows from anticipated growth areas to determine their effect on the existing sanitary sewer infrastructure. h) Perform hydraulic modeling utilizing the City’s existing sanitary sewer model to identify capacity concerns in the existing system. Modeling will include evaluating anticipated future flows for proposed development locations and their effect on the system. i) Identify proposed improvements required to serve future growth areas and convey the flows through the existing system to the WWTP. j) Provide improvement alternatives and review the possibility of a phased approach and include engineer’s estimates of project costs. k) Provide a preliminary report outlining the findings for the sanitary sewer system Page 1 of 2 Page 35 of 53  evaluation and provide for CLIENT’s review. l) Produce a final report that addresses CLIENT review comments. E. Additional Responsibilities of CLIENT: The CLIENT agrees to provide the following pursuant to PEC accomplishing the Scope of Services outlined herein. 1. Drawings, studies, reports, and other information available pertaining to the existing collection system. F. Additional Services: The following services can be provided by PEC at an additional cost by Supplemental Agreement: 1. Meetings in excess of the number above will be performed on an hourly basis. 2. Design of utilities to the PROJECT site. 3. Design and construction of any recommended improvements. G. Exclusions: The following shall be specifically excluded from the Scope of Services to be provided by PEC. 1. Franchise Utility Design. 2. The Owner shall establish and pay for a testing and inspection plans that includes all code mandated special structural inspection to be performed. 3. Design and construction of any recommended improvements. 4. Field survey. 5. Hydraulic model calibration. 6. Field flow testing. 7. CCTV or manhole inspections/condition assessments. 8. Sanitary sewer rate analysis. H. PEC’s Fees & Reimbursable Expenses. 1. PEC will invoice CLIENT one time per month for services rendered and Reimbursable Expenses incurred in the previous month. CLIENT agrees to pay each invoice within 30 days after receipt. 2. PEC’s Fee for its Scope of Services will be on a standard hourly basis, at the rates established on the attached Rate Schedule not to exceed $62,500.00, plus Reimbursable Expenses. 3. Reimbursable Expenses shall include digital scanning and printing by outside firms, deliveries made by outside services, vehicle mileage or vehicle rental and fuel, vehicle parking and tolls, travel fares (air/land/water), lodging, meals, and review/application/filing/permit fees. 4. Taxes are not included in PEC’s Fees. CLIENT shall reimburse PEC for any sales, use, and value added taxes which apply to these services. Page 2 of 2 Page 36 of 53 New Business Item Subject: Fire Staffing Study Meeting: City Council - 08 Mar 2022 Presented by: Kiel Mangus, City Manager BACKGROUND: • Derby Fire and Rescue has been operating as a full-time paid City Department since 2005. Previously, the department spent more than 50 years as a volunteer department. • Derby Fire and Rescue is currently staffed with 24 full-time firefighters, 11 part-time firefighters, 10 volunteers, and a Chief & Deputy Chief. o The current staffing model has 8 firefighters serving per shift with 5 firefighters at FS81 and 3 firefighters at FS82. o Derby currently has two Fire Stations. Fire Station (FS) 81 is located at 715 E. Madison and also houses Fire Administration. Fire Station (FS) 82 is located at 1401 N. Rock Road. • Since becoming a full-time paid fire department in 2005, Derby Fire and Rescue has not had a staffing study done to analyze community growth and current/future needs for fire and rescue department services. • In 2021, the City applied for a Staffing for Adequate Fire and Emergency Response (SAFER) Grant from FEMA. The grant funding was intended to be used to hire 3 full-time firefighters to serve at Fire Station 82, putting 9 total firefighters on a given shift in Derby (5 at FS81 and 4 at FS82). • The grant was unsuccessful, but during that process Fire Administration and City Management began more conversations regarding current and long-term staffing and funding needs for the department. City Management also previewed in late 2021 that a fire and rescue staffing study would be pursued in 2022. • Currently, Derby Fire and Rescue has a portion of staffing funded by the Derby Difference Sales Tax. This tax expires at the end of 2024, so the current and long-term funding needs for Fire and Rescue are crucial as we evaluate operational funding sources moving forward. • A RFP was published on January 21, 2022, to hire a consultant for a staffing study. Staff researched and reached out to several companies that provide this sort of service and ultimately received 4 proposals. o A team consisting of Fire Chief John Turner, Deputy Fire Chief Dave Hersh, Deputy City Manager Dan Bronson, Assistant to the City Manager Sarah Gooding, and City Manager Kiel Mangus reviewed the proposals and performed interviews. o The team recommends moving forward with AP Triton for the study. AP Triton had good references and has completed multiple fire staffing, fire strategic planning, standards of cover, and other similar studies across the country. o The study is estimated to take 4-5 months to complete. Page 37 of 53  Name Price Timeframe AP Triton $29,831 4-5 months PPMC $33,000 4-5 months Matrix Consulting Group $39,000 4 months Public Consulting Group $64,500 6 months • The main scope objectives of the study will include the following: o Review and analyze the current state of Derby Fire and Rescue to include fire and rescue administration, operations, prevention and inspection activities. ▪ Overall deployment and supervision of resources ▪ Station staffing levels ▪ Location of resources ▪ Unit call volume ▪ Distribution of calls ▪ Unit response times ▪ Simultaneous incidents ▪ Availability of automatic/mutual aid agencies for fire and rescue, EMS, prevention and inspection activities ▪ Community risk assessment ▪ Internal/external stakeholder interviews ▪ Forecast future demands for services o Develop recommendations for future outcomes related to ISO, NFPA compliance, community risk reduction, and other recognized standards for deployment, response, and prevention. ▪ Propose changes to current staffing/resource levels of administration and operations ▪ Propose changes to Derby Fire and Rescue to help reduce community risk and meet future service delivery needs FINANCIAL/SUSTAINABILITY CONSIDERATIONS: • Staff recommends using Derby Difference Funds for the study. There are adequate funds available to cover the $29,831 cost. LEGAL CONSIDERATIONS: • The City Attorney will review and finalize contractual documents. POLICY IMPLICATIONS: • Results of the staffing study will help Council and City Management better understand current and long-term funding needs for Derby Fire and Rescue and create a better framework for discussion moving forward as the Derby Difference Sales Tax expires. RECOMMENDED MOTION: • Authorize the City Manager to finalize terms and enter into a contract for a fire staffing study with AP Triton in the amount of $29,831. Page 38 of 53  New Business Item Subject: American Rescue Plan Act (ARPA) Funding Overview Meeting: City Council - 08 Mar 2022 Presented by: Kiel Mangus, City Manager BACKGROUND: • City Manager Kiel Mangus will provide an overview on American Rescue Plan Act (ARPA) funding. RECOMMENDED MOTION: • Receive and file the report and provide feedback. ATTACHMENTS: 030822 ARPA Presentation Page 39 of 53  3/1/2022 American Rescue Plan Act (ARPA) Funding 03/08/22 ARPA OVERVIEW  The U.S. Department of Treasury- Coronavirus State and Local Fiscal Recovery Funds, established by the American Rescue Plan Act of 2021- Provides $350 billion in funding for eligible state, local, territorial, and tribal governments  Use of funds are driven by the U.S. Treasury Final Rule, which takes effect on 4/01/22 1 Page 40 of 53  3/1/2022 ARPA OVERVIEW  Two separate payments to Derby: • July 2021 • July 2022 • Total amount- $3,806,530  Annual Reporting due each April  Funds must be obligated by December 31, 2024  Expended by December 31, 2026 Ineligible Uses  Directly or indirectly offset a reduction in the net tax revenue  Deposits into any pension fund  Offset debt service or replenishing financial reserves  Funding toward settlements and judgements  Conflicts with or contravenes the purpose of the American Rescue Plan Act statute 2 Page 41 of 53  3/1/2022 Original Eligible Uses  To respond to the public health emergency or its negative economic impacts caused by the pandemic • Assistance to households, small businesses, nonprofits, or aid to impacted industries such as tourism, travel, and hospitality  To respond to workers performing essential work during COVID-19 public health emergency by providing premium pay to eligible workers who perform essential work  To make necessary investments in water, sewer, or broadband infrastructure Original Eligible Uses  To provide for the provision of government services to the extent of the reduction in revenue of such local government due to the COVID-19 public health emergency relative to revenues collected • Derby had no revenue loss based upon Treasury formula • Derby focused $3.8M in water/wastewater categories 3 Page 42 of 53  3/1/2022 Treasury New Final Rule • Effective April 1, 2022 • Allows cities increased flexibility to pursue a wider range of uses, as well as greater simplicity, so cities can maximize impacts of funds • A new standard allowance up to $10 million • Streamlined reporting process and requirements • Most flexible category of use. Allows Derby to utilize $3.8M on revenue loss categories Government Services  Construction of schools and hospitals  Road building and maintenance, and other infrastructure  Health services  General government administration, staff, and administrative facilities  Environmental remediation  Provision of public safety services 4 Page 43 of 53  3/1/2022 ARPA Funding Currently:  2021 WTF Phase 1 Design $300,000  2022 WTF Phase 2 Design $350,000  2023 WTF Phase 3 Design $760,000  2023 WWTP Improvements $1,684,388  Remainder $712,142 would used for either WTF or WWTP ARPA Shift:  Focus on one-time projects with high community impact that have no other funding sources (general fund)  WTF and WWTP have dedicated funding streams through fees  Healthy reserves in both to help offset costs  Low interest loan programs available through state for bonding of projects 5 Page 44 of 53  3/1/2022 ARPA Project Ideas:  Rock Rd. Mill & Overlay (SCL to Meadowlark Blvd.) - $1.4 million  Buckner St. Mill & Overlay (Meadowlark Blvd. to Patriot Ave. and 60th to 55th St.) - $700,000  Quiet Zone Study Update and Design - $400,000  Quiet Zone Construction - $2 million  Rock Rd. Reconstruction NCL to 55th St. South - $3.8 million  Emergency Radios- $882,000 Feedback  Questions on use of ARPA Funds?  Looking for feedback on shift of use away from Water/Wastewater projects 6 Page 45 of 53 Page 46 of 53  New Business Item Subject: Derby Storm Shelters Meeting: City Council - 08 Mar 2022 Presented by: Kiel Mangus, City Manager BACKGROUND: • City Manager Kiel Mangus will provide an overview on the Derby Storm Shelter Program. RECOMMENDED MOTION: • Receive and file the report and provide feedback. ATTACHMENTS: 030822 Storm Shelters Page 47 of 53  3/2/2022 Derby Public Storm Shelters 03/08/22 Storm Shelter Overview  City promotes 5 current locations  Fire Station 82, Derby Middle School gym, Pleasantview Baptist, South Rock Christian, Woodlawn United Methodist  Shelters are subject to volunteer availability to open and staff the shelter locations. ADA-accessible/pet friendly FS82 & DMS  The shelter in the basement of Fire Station 82 will be accessible 24/7 when a tornado watch is issued that includes the City of Derby 1 Page 48 of 53  3/2/2022 USD 260 MOU  City approved storm shelter MOU February 2018  Allowed city to use Derby Middle School gym as storm shelter outside of school hours and school events  Possible future expansion to other sites  MOU required city to provide staff or volunteers to open building, not USD 260  City held responsible for any damages 2 Page 49 of 53  3/2/2022 PT Storm Shelter Coordinator  Position approved in 2018  Acts as liaison to community partners (schools/churches/etc)  Recruits volunteers  Responds during severe weather events  Prior to PT paid position City relied on volunteer firefighter to open shelter at FS82 (eventually withdrew due to health) Storm Shelter Operations  Worked in 2019/2020 to overhaul shelter operations process  Move away from shelters open only after tornado warning is in effect where possible  Move away from opening shelters overnight  Better communications up front with churches/capability  Increased volunteer recruitment effort (flyers at apartment complexes, marketing,etc) 3 Page 50 of 53  3/2/2022 Operational Challenges/Concerns  Dangerous Travel to Shelter- Biggest Challenge. Residents must travel to shelter during severe weather event, exposing to hazard trying to avoid  Shelter Availability- PT person only, lack of volunteers to open shelters/ reliability. Push people to FS82 due to 24/7 nature and knowing it will be unlocked  Shelter capacity- Derby has 26K residents. True catastrophic path tornado could put people in danger due to lack of space/turning people away Operational Challenges/Concerns  FS82- small basement space 30-50 people. During catastrophe fire stations and EOC may become staging and/or logistical areas. Conflicts with use as shelter  Shelter construction- FEMA Storm shelter standards changed over time. Pleasantview and Woodlawn not FEMA rated  Liability & Risk- Insurance provider concerns. Coverage based on claim specific details but city could be at risk  Wichita/Sedgwick County don’t do shelters/some small towns have one 4 Page 51 of 53  3/2/2022 Next Steps?  Feedback on storm shelter program?  Council ok with discontinuing program and focusing on education for sheltering in place? 5 Page 52 of 53 New Business Item Subject: Memorandum of Understanding with Derby Public Library Meeting: City Council - 08 Mar 2022 Presented by: Jacque Butler, City Attorney BACKGROUND: • On February 8th, the Council received the Library's annual report from Director Eric Gustafson. • The Derby Public Library was established by the City pursuant to state law and functions as a separate agency governed by a Board of Trustees. o While the Library operates independent of the City, the City owns the library facility and the land where it is located. • During the February 8th presentation, Mr. Gustafson previewed the desire & intent of the Library Board to develop an outdoor music & literacy area and to pursue grant applications to aid in funding the project. o The outdoor area would be located on City-owned land adjacent to the current library building. • Because the City owns the land where the project would be located, the City's permission and cooperation, including designation as "project sponsor," is necessary to facilitate certain grant applications. • The attached MOU is drafted to (1) authorize the City's cooperation & participation in grant applications to support funding of the library outdoor area project and (2) to clarify that the Derby Public Library bears sole responsibility for providing funding, including any fund match required by grant funding, for the outdoor area project. FINANCIAL/SUSTAINABILITY CONSIDERATIONS: • The MOU does not commit the City to funding any portion of the outdoor literacy project. RECOMMENDED MOTION: • Authorize the Mayor to sign the MOU with the Derby Public Library in substantially the form presented. Page 53 of 53