City Council Meeting

City Council Chambers 214 SE 8th Street Topeka, Kansas 66603 https://www.topeka.org Governing Body Agenda October 20, 2020 6:00 PM Mayor: Michelle De La Isla Councilmembers Karen A. Hiller District No. 1 Hannah Naeger District No. 6 Christina Valdivia-Alcala District No. 2 Neil Dobler District No. 7 Sylvia E. Ortiz District No. 3 Spencer Duncan District No. 8 Tony Emerson District No. 4 Michael Lesser District No. 9 Mike Padilla District No. 5 City Manager: Brent Trout Addressing the Governing Body: No person shall address the Governing Body during a Governing Body Meeting, unless they have notified the City Clerk at (785)368-3940 or by email at cclerk@topeka.org by 5:00 p.m. on the day of any Governing Body Meeting or sign up to speak at the meeting by 6:00 p.m. Written public comment may be submitted by email or in writing to the City Clerk for attachment to the minutes. Due to the public safety mandates surrounding the COVID-19 pandemic only 45 people, including staff members, will be allowed to gather in the City Council Chambers at one time. This notification requirement shall not apply to items added during the course of a meeting. Persons addressing the Governing Body will be limited to 4 consecutive minutes on a particular agenda item. Debate, question/answer dialogue or discussion between Governing Body members will not be counted towards the 4 minute time limitation. The Chair may extend time with the unanimous consent of the Governing Body or by an affirmative vote of 7 Governing Body members may extend the 4 minute limitation. The requirement to notify the City Clerk will not apply towards public hearings required by State and Federal law. 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 by 5:00 p.m. Thursday afternoon in the City Clerk's office, 215 SE 7th -Room 166 and on the City's web site at https://www.topeka.org) CALL TO ORDER: INVOCATION: PLEDGE OF ALLEGIANCE: 1. ROLL CALL: 2. APPOINTMENTS: A. Board Appointment - Topeka Public Building Commission BOARD APPOINTMENT recommending the reappointment of Randy Clayton to the Topeka Public Building Commission for a term ending September 30, 2024. 3. CONSENT AGENDA: A. MINUTES of the regular meeting of October 13, 2020 B. APPLICATIONS: 4. ACTION ITEMS: A. Resolution - Transportation Alternatives (TA) Grant RESOLUTION introduced by City Manager Brent Trout supporting the City of Topeka’s application for funding from the Kansas Department of Transportation for Topeka Bikeways Phase IV implementation. Voting Requirement: At least six (6) votes of the Governing Body is required. (Approval supports the City's application to Kansas Department of Transportation (KDOT) Alternatives grant program.) B. Ordinance - Amending Ordinance No. 20257; Repealing Provisions Relative to Installation and Repair of Water and Sewer Lines in Commercial and Industrial Developments ORDINANCE introduced by City Manager Brent Trout amending Section 1 and Section 2 of Ordinance No. 20257, codified at Sections 13.10.280 and 13.20.130 of the Topeka Municipal Code, to repeal provisions allowing installation and repair of water and sewer lines by contractors licensed to install City utilities servicing certain developments. Voting Requirement: At least five (5) votes of the City Council is required. The Mayor does not vote. (Approval would remove the ability of contractors licensed to install city utilities to install and repair water and sewer lines servicing an industrial or commercial development.) C. Fire Service Special Committee Report - Request to Extend Deadline REQUEST to extend the deadline for the City of Topeka Fire Service Special Committee to report to the Governing Body from November 10, 2020, to no later than April 6, 2021. Voting Requirement: At least six (6) votes of the Governing Body is required. (Approval will provide additional time for the Committee to finish its work and report to the Governing Body no later than April 6, 2021.) 5. PUBLIC COMMENT In-person public comment will now be allowed at Governing Body meetings. Individuals must notify the City Clerk’s office by 5:00 p.m. on the day of the meeting. Due to the public safety mandates surrounding the COVID-19 pandemic only 45 people, including staff members, will be allowed to gather in the City Council Chambers at one time. Please be advised after a person participates in public comment it may be necessary for them exit the meeting in order to allow others to enter the Council Chambers to provide their public comment. Written public comment may be submitted by email or in writing to the City Clerk for attachment to the minutes. -- Email: cclerk@topeka.org -- Address: 215 SE 7th Street, Room 166, Topeka, Kansas, 66603 6. ANNOUNCEMENTS: 7. 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.) 8. ADJOURNMENT:  City of Topeka Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 www.topeka.org October 20, 2020 DATE: October 20, 2020 CONTACT PERSON: Mayor Michelle De La DOCUMENT #: Isla SECOND PARTY/SUBJECT: Topeka Public Building PROJECT #: Commission CATEGORY/SUBCATEGORY 006 Communication / 005 Other CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: BOARD APPOINTMENT recommending the reappointment of Randy Clayton to the Topeka Public Building Commission for a term ending September 30, 2024. VOTING REQUIREMENTS: At least five (5) votes of the City Council is required. Mayor does not vote. POLICY ISSUE: Not applicable. STAFF RECOMMENDATION: Mayor De La Isla is recommending the reappointment of Randy Clayton for a term that would end September 30, 2024. Mr. Clayton represents the Shawnee County Commissioners nomination. BACKGROUND: KSA 12-1757. This is a statutory board wherein the Mayor recommends and the Council has final approval. The Topeka Public Building Commission was created pursuant to KSA 12-1757 et seq., and shall have the powers granted according to the provisions of the statute, not inconsistent with the provisions contained within the Topeka City Code. The Commission is to be comprised of members nominated from USD 501, the Kansas Secretary of Administration, the Shawnee County Commissioners as well as four members nominated by the Mayor; only the nominees from the Mayor require residency within the city limits. BUDGETARY IMPACT: There is no budgetary impact to the City. SOURCE OF FUNDING: Not Applicable. ATTACHMENTS: Description R. Clayton - Topeka Public Building Commission Application - 2020 City of Topeka Submit Date: Sep 30, 2020 Profile Randy Clayton First Name Last Name randyjclayton@outlook.com Email Address 1221 SW Indian Hills Rd. Street Address Suite or Apt Topeka KS 66615 City State Postal Code Are you a resident of the City of Topeka? Yes No What district do you live in? * Other / Outside City Limits Check for your district here -> https://www.topeka.org/citycouncil Home: (785) 478-9017 Mobile: (785) 554-3656 Primary Phone Alternate Phone Which Boards would you like to apply for? Topeka Public Building Commission: Submitted Clayton Wealth Partners Co-Founder Employer Job Title Are you a registered voter? Yes No Are you currently a full or part-time employee of the City of Topeka? Yes No If yes, please advise in which department you work: Are you or any immediate family member related to any city governmental official or employee? Yes No Randy Clayton Page 1 of 3 If yes, please advise who and how you are related: Are you or have you been a party to any civil litigation involving the City of Topeka? Yes No If yes, please explain: Are you delinquent in payment of any taxes, fees, fines or special assessments owed to the State of Kansas, Shawnee County or the City of Topeka? Yes No If yes, please explain: Please state why you are interested in serving on this board or commission: I have served on this commission for a number of years. My long-term experience in financial field allows me to bring expertise to the commission. Interests & Experiences Please describe your education, experience and expertise including any honors or awards, civic, cultural, charitable or professional organization memberships that relate to the position you are seeking. Washburn University, BA 1984, Topeka Business Hall of Fame 2017, Certified Financial Planner 1984, 40 years experience in finance and co-founder of a registered investment advisor. Upload a Resume Please attach any additional information you believe may be helpful in considering your application. Voluntary Self Identification Completion of your race/ethnicity and gender on your application is voluntary and will not affect your opportunity to be appointed to a City of Topeka Board or Commission. Ethnicity * Caucasian/Non-Hispanic Gender * Male Randy Clayton Page 2 of 3 Acknowledgements and Verification Purpose of information being submitted. I Agree The information I am submitting is true and correct. I Agree Electronic Signature I Agree Notification to applicants for City Board/Commissions Please be advised that your application and any documents that you attach are public records and, as such, are available to the public, upon request, pursuant to the Kansas Open Records Act. If you are appointed to the position, your application and resume will be included in the governing body meeting agenda which is posted online. http://topeka.novusagenda.com/agendapublic/ Randy Clayton Page 3 of 3  City of Topeka Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 www.topeka.org October 20, 2020 DATE: October 20, 2020 CONTACT PERSON: Bill Fiander DOCUMENT #: SECOND PARTY/SUBJECT: TA Grant - Bikeways PROJECT #: Phase 4 CATEGORY/SUBCATEGORY 020 Resolutions / 005 Miscellaneous CIP PROJECT: Yes ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: RESOLUTION introduced by City Manager Brent Trout supporting the City of Topeka’s application for funding from the Kansas Department of Transportation for Topeka Bikeways Phase IV implementation. Voting Requirement: At least six (6) votes of the Governing Body is required. (Approval supports the City's application to Kansas Department of Transportation (KDOT) Alternatives grant program.) VOTING REQUIREMENTS: At least six (6) votes of the Governing Body is required. POLICY ISSUE: The City desires to submit an application to the Kansas Department of Transportation (KDOT) for Transportation Alternatives (TA) Program funds afforded by the Fixing America’s Surface Transportation Act. The application would advance implementation of the major project priorities contained in the Topeka Bikeways Master Plan's supplemental action plan (Topeka Fast-Track Bike Plan) recently approved by the Metropolitan Topeka Planning Organization (MTPO) policy board. The Public Infrastructure Committee recommended approval of the resolution (4-0) at their September 28, 2020 meeting. STAFF RECOMMENDATION: Staff recommends the Governing Body move to approve the resolution. BACKGROUND: The application is proposed for the following projects: Downtown Connections – separated bike facilities connecting neighborhoods to Downtown from SE 6th Avenue, Kansas Avenue Bridge, SW 8th Street, and the Landon Trail Trail Connections – various neighborhoods connecting to the Shunga, Landon, and Soldier Creek Trails NW Tyler Street - a multi-use path on NW Tyler Street between Waddell Street and Lyman Road The first two projects implement major priorities of the MTPO's Topeka Fast-Track Bike Plan. The third project implements the City's adopted Complete Streets Policy. BUDGETARY IMPACT: The City will provide 20% match for the three projects as follows if approved: Downtown Total = $1,408,160 KDOT 80% = $1,126,528 City 20% = $281,632 Trail connections Total = $197,464 KDOT 80% = $157,971.20 City 20% = $39,492.80 NW Tyler Total = $423,185 KDOT 80% = $338,548 City 20% = $84,637 All Projects Combined Total = $ 2,028,809 KDOT 80% = $1,623,047.20 City 20% = $405,761.80 SOURCE OF FUNDING: CIP Countywide Half-Cent Sales Tax (Bikeways Master Plan 2020) General Obligation (NW Tyler) ATTACHMENTS: Description TA Resolution TA Project Map  1 RESOLUTION NO. ___________ 2 3 A RESOLUTION introduced by City Manager Brent Trout supporting the City of 4 Topeka’s application for funding from the Kansas Department of 5 Transportation for Topeka Bikeways Phase IV implementation. 6 7 WHEREAS, the City desires to submit an application to the Kansas Department of 8 Transportation for Transportation Alternatives Program funds afforded by the Fixing 9 America’s Surface Transportation Act; and 10 WHEREAS, the application would advance implementation of the Topeka Bikeways 11 Master Plan and its supplemental action plan (Topeka Fast-Track Bike Plan) as recently 12 approved by the Metropolitan Topeka Planning Organization (MTPO)policy board; and 13 WHEREAS, after appropriate input from the MTPO’s Complete Streets Advisory 14 Committee and staff, the Governing Body supports submission of an application for 15 funding the following projects of the Bikeways Phase IV implementation: 16 • Downtown Connections – separated bike facilities connecting neighborhoods to 17 Downtown from SE 6th Avenue, Kansas Avenue Bridge, SW 8th Street, and the Landon 18 Trail 19 • Trail Connections – various neighborhoods connecting to the Shunga, Landon, 20 and Soldier Creek Trails 21 • NW Tyler Street - a multi-use path on NW Tyler Street between Waddell Street 22 and Lyman Road 23 NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE 24 CITY OF TOPEKA, KANSAS, that: 25 Section 1. The Governing Body authorizes the City Manager to submit an 26 application to the Kansas Department of Transportation for transportation alternatives RES/FAST-Act KDOT application 10/8/2020 1 27 program funds provided through the Fixing America’s Surface Transportation Act (FAST- 28 Act). 29 Section 2. The City assures the Kansas Department of Transportation of 30 sufficient City match requirements needed for the construction, operation, and 31 maintenance of these three projects. 32 Section 3. The City Manager is also authorized to submit additional information 33 as may be required and act as the official representative of the City in this and subsequent 34 related activities. 35 Section 4. The City assures the Kansas Department of Transportation that the 36 City is willing and able to administer the designing, letting and construction of these 37 projects, if any or all of these projects are selected for funding. 38 ADOPTED and APPROVED by the Governing Body on . 39 CITY OF TOPEKA, KANSAS 40 41 42 43 44 Michelle De La Isla, Mayor 45 46 ATTEST: 47 48 49 50 ______________________________ 51 Brenda Younger, City Clerk RES/FAST-Act KDOT application 10/8/2020 2  City of Topeka Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 www.topeka.org October 20, 2020 DATE: October 20, 2020 CONTACT PERSON: Council Member Tony DOCUMENT #: Emerson SECOND PARTY/SUBJECT: PROJECT #: CATEGORY/SUBCATEGORY 013 Ordinances - Codified / 146 Utilities CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: ORDINANCE introduced by City Manager Brent Trout amending Section 1 and Section 2 of Ordinance No. 20257, codified at Sections 13.10.280 and 13.20.130 of the Topeka Municipal Code, to repeal provisions allowing installation and repair of water and sewer lines by contractors licensed to install City utilities servicing certain developments. Voting Requirement: At least five (5) votes of the City Council is required. The Mayor does not vote. (Approval would remove the ability of contractors licensed to install city utilities to install and repair water and sewer lines servicing an industrial or commercial development.) VOTING REQUIREMENTS: At least five (5) votes of the City Council is required. The Mayor does not vote. POLICY ISSUE: Whether to adopt an ordinance amending Ordinance No. 20257 by repealing the provisions authorizing certain contractors to install and repair water and sewer lines servicing an industrial or commercial development. STAFF RECOMMENDATION: Staff is making no recommendation. BACKGROUND: Ordinance No. 20257, which became effective on September 14, 2020, adopted the 2018 Uniform Plumbing Code (UPC). Prior to its adoption by the Council, two amendments were approved. These amendments to the Topeka Municipal Code allow contractors licensed by the City to install City utilities to install and repair water and sewer lines servicing industrial or commercial developments designed by a licensed engineer. In light of concerns raised by some members of the community, the proposed ordinance is being brought forward so that the Council may consider amending Ordinance No. 20257 to remove these previously adopted amendments in order to provide an opportunity to engage in further discussion with the various stakeholders. Procedure: The Governing Body Rules and Procedures provide that Roberts Rules of Order ("RRO") are to be referred to for purposes of addressing any procedural issues not set out in the Governing Body Rules. RRO Section 35 authorizes the Governing Body to “Amend an Item Previously Adopted,” which would allow the Body to amend Ordinance No. 20257. Any Councilmember can move to amend Ordinance No. 20257 by adopting the proposed ordinance, which removes the above-referenced provisions. Because notice was provided at the Governing Body meeting held October 13, 2020, at least five (5) votes of the Council will be required to adopt the proposed ordinance. As this is a home rule ordinance that is subject to veto by the Mayor, the Mayor cannot vote. BUDGETARY IMPACT: There is not budgetary impact to the City. SOURCE OF FUNDING: Not Applicable ATTACHMENTS: Description Proposed Ordinance Amending Ordinance 20257 Ordinance No. 20257 - Adopting 2018 Uniform Plumbing Code (UPC)  1 (Published in the Topeka Metro News _______________________________________) 2 3 ORDINANCE NO. _____________ 4 5 AN ORDINANCE introduced by City Manager Brent Trout amending Section 1 and 6 Section 2 of Ordinance No. 20257, codified at § 13.10.280 and § 7 13.20.130 of the Topeka Municipal Code, to repeal provisions 8 allowing installation and repair of water and sewer lines by 9 contractors licensed to install City utilities servicing certain 10 developments. 11 12 WHEREAS, Ordinance No. 20257, passed and approved on August 18, 2020, 13 adopted the 2018 Uniform Plumbing Code; and 14 WHEREAS, Ordinance No. 20257 was amended to add language that would 15 allow contractors licensed to install City utilities to install and repair water and sewer 16 lines servicing an industrial or commercial development; and 17 WHEREAS, some members of the community have expressed concerns and a 18 desire that the Governing Body reassess the added language; and 19 WHEREAS, the Governing Body wishes to amend Ordinance No. 20257. 20 THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY 21 OF TOPEKA, KANSAS: 22 Section 1. That section 13.10.280, Repair and responsibilities of property 23 owner and City, of The Code of the City of Topeka, Kansas, is hereby amended to read 24 as follows: 25 Repair and responsibilities of property owner and City. 26 (a) The customer water service line shall be the responsibility of the property 27 owner and shall be constructed, maintained, repaired or replaced at the sole cost of the 28 property owner. All installation or repair work shall be done as required by the currently 29 adopted plumbing code and other appropriate ordinances. 30 (b) All customer water service lines which are not located on public property, ORD/Amend Ord 20257 Water,Sewer Installation&Repair 10/15/20 1 31 public right-of-way or easement shall be the responsibility of the property owner and 32 shall be repaired or replaced at the sole cost of the property owner. All installation or 33 repair work shall be done as required by the currently adopted plumbing code and other 34 appropriate ordinances. 35 (c) Any contractor licensed to install City utilities, including a plumbing 36 contractor, may install or repair a water main, City water service line, or customer water 37 line, servicing an industrial or commercial development project that has been designed 38 by a licensed engineer. The contractor shall ensure that all connection and service lines 39 are tested up to the cap outside each building. 40 (dc) Property owner shall be responsible for any expenses incurred by the 41 Water Division for the repair to the customer water service line, including, but not limited 42 to, any materials, equipment, service, or labor, including the repair to public property, 43 streets, alleys or other public utilities caused by the property owner’s negligent or 44 intentional actions. 45 (ed) All City water service lines shall be the responsibility of the Water Division 46 and shall be repaired only by the Water Division. 47 Section 2. That section 13.20.130, Permit -- Required, of The Code of the City 48 of Topeka, Kansas, is hereby amended to read as follows: 49 Permit – Required. 50 (a) No sewer or drain of any kind shall be connected with the sewers 51 constructed under authority of the City within any of the main sewer districts or sewer 52 subdistricts of the City, except by written permission of the City Engineer and by 53 compliance with all the rules, regulations and specifications provided for the proper 54 construction and maintenance of such sewers or drains. ORD/Amend Ord 20257 Water,Sewer Installation&Repair 10/15/20 2 55 (b) Any person owning property within the City limits, which property is not 56 within any lateral sanitary sewer district theretofore created, desiring to make 57 connection to the sanitary sewage system, shall make application for a permit to the 58 Utilities Department. 59 (c) Any contractor licensed to install City utilities, including a plumbing 60 contractor, may install or repair any sewer line servicing an industrial or commercial 61 development project that has been designed by a licensed engineer. The contractor 62 shall ensure that all connection and service lines are tested up to the cap outside each 63 building. 64 Section 3. That original § 13.10.280 and § 13.20.130 of The Code of the City 65 of Topeka, Kansas, are hereby specifically repealed. 66 Section 4. This ordinance shall take effect and be in force from and after its 67 passage, approval and publication in the official City newspaper. 68 Section 5. This ordinance shall supersede all ordinances, resolutions or rules, 69 or portions thereof, which are in conflict with the provisions of this ordinance. 70 Section 6. Should any section, clause or phrase of this ordinance be declared 71 invalid by a court of competent jurisdiction, the same shall not affect the validity of this 72 ordinance as a whole, or any part thereof, other than the part so declared to be invalid. 73 PASSED AND APPROVED by the City Council on ____________________. 74 CITY OF TOPEKA, KANSAS 75 76 77 __________________________________ 78 Michelle De La Isla, Mayor 79 ATTEST: 80 81 82 ________________________________ 83 Brenda Younger, City Clerk ORD/Amend Ord 20257 Water,Sewer Installation&Repair 10/15/20 3  1 (Published in the Topeka Metro News September 14, 2020) 2 3 ORDINANCE NO. 20257 4 5 AN ORDINANCE introduced by City Manager Brent Trout adopting the 2018 Uniform 6 Plumbing Code, amending Chapter 14.35, Sections 13.10.280, 7 13.20.130 and 5.63.030 of the Topeka Municipal Code 9 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TOPEKA, KANSAS: 10 Section 1. That section 13.10.280, Repair and responsibilities of property 11 owner and City, of The Code of the City of Topeka, Kansas, is hereby amended to read 12 as follows: 1� Repair and responsibilities of property owner and City. 14 (a) The customer water service line shall be the responsibility of the property 15 owner and shall be constructed, maintained, repaired or replaced at the sole cost of the 16 property owner. All installation or repair work shall be done as required by the currently 17 adopted plumbing code and other appropriate ordinances. 18 (b) All customer water service lines which are not located on public property, 19 public right-of-way or easement shall be the responsibility of the property owner and 2v shall be repaired or replaced at the sole cost of the property owner. All installation or 21 repair work shall be done as required by the currently adopted plumbing code and other 22 appropriate ordinances. 23 .(Q} Any contractor licensed to install city utilities, including a plumbing 24 contractor, may install or repair a water main, city water service line, or customer water 25 line, servicing an industrial or commercial development project that has been designed 26 by a licensed engineer. The contractor shall ensure that all connection and service lines 27 are tested up to the cap outside each building. 28 (Bg) Property owner shall be responsible for any expenses incurred by the ORD/2018 UPC Adoption 8/19/2020 As amended 8/18/20 1  City of Topeka Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 www.topeka.org October 20, 2020 DATE: October 20, 2020 CONTACT PERSON: Brent Trout, City DOCUMENT #: Manager SECOND PARTY/SUBJECT: Fire Service Special PROJECT #: Committee Report - Extend Deadline CATEGORY/SUBCATEGORY 006 Communication / 005 Other CIP PROJECT: No ACTION OF COUNCIL: Discussion 12-10-19. JOURNAL #: Approved Contract No. 48289 12-7-19. Extend Report Deadline until Nov 10, 2020 (03-10-20) PAGE #: DOCUMENT DESCRIPTION: REQUEST to extend the deadline for the City of Topeka Fire Service Special Committee to report to the Governing Body from November 10, 2020, to no later than April 6, 2021. Voting Requirement: At least six (6) votes of the Governing Body is required. (Approval will provide additional time for the Committee to finish its work and report to the Governing Body no later than April 6, 2021.) VOTING REQUIREMENTS: At least six (6) votes of the Governing Body is required. POLICY ISSUE: Development of fire protection services in the City of Topeka as it relates to the proper type of service provided and the location of fire stations. Discussions should be taken in the context of the cost to provide the desired level of service based on financial resources available. STAFF RECOMMENDATION: Staff recommends the Governing Body move to extend the deadline for the City of Topeka Fire Service Special Committee to report to the Governing Body from November 10, 2020, to no later than April 6, 2021. BACKGROUND: On December 17, 2019, the Governing Body authorized the purchase of land (Contract No. 48289) for the potential use as a future location for a fire station. During the discussion, the Governing Body voted to establish an ad hoc committee to review fire service for the City of Topeka consisting of City Council Members, Fire Department personnel, citizens and others who work in the related area of fire protection. Initially, the committee work was to be completed by April 2020, due to the assumption that committee recommendations would have an effect on the 2021 budget; however, this was not the case. On March 10, 2020, the City Manager requested the deadline for the final report be extended to no later than November 10, 2020. The request to extend until April 6, 2021, is due to restrictions surrounding the COVID-19 pandemic. The proposed process for the committee is attached. The final process will be established by the Council Members serving on the committee. BUDGETARY IMPACT: Not Applicable SOURCE OF FUNDING: Not Applicable ATTACHMENTS: Description Fire Service Special Committee Proposed Process Contract No. 48289 - Cedar Crest Properties, LLC (Dec 17, 2019) Excerpt of Governing Body Meeting Minutes - Dec 10 and Dec 17, 2019 and March 10, 2020 Draft Proposal for Fire Service Special Committee Fire Service Special Committee I. Makeup of the Committee a. Councilman Mike Lesser b. Councilwoman Sylvia Ortiz c. Councilwoman Christine Valdivia-Alcala d. Fire Chief Duke e. Deputy Fire Chief Kelly Adams f. Two Firefighters chosen by local firefighter union g. County Emergency Management Representative h. City of Topeka, Emergency Management Coordinator, Jim Green i. Local citizen, Sandra Clear j. Local citizen, Pablo Martinez k. Local citizen, David King l. Local citizen, Tony Blancas Select a chair from the Council Members and add committee members if desired by the committee. II. Purpose of Fire Service Committee a. The charge of the committee is to study the current provision of fire service in our community and determine the appropriate level and type of future fire service for Topeka. Final report to the Governing Body no later than November 10, 2020. III. Proposed Process for Committee a. The first meeting actions will be to elect a chair, review the charge of the committee and make any changes as desired. The first meeting will also consist of an explanation of what we currently have for assets and personnel. We will review current operations and review the current capital and operating budgets for provision of this service. b. The committee will be provided copies of all past studies done on the provision of fire service in the City of Topeka c. The next step will be to conduct a review of each of the past studies done on the provision of fire service in Topeka d. Presentation from AMR regarding ambulance service in Topeka e. We will look at defining what is most important in fire service for Topeka i. Medical Calls versus Fire Calls ii. Basic Life Support versus Advance Life Support for medical calls iii. Alternative vehicle types for medical calls iv. Response time targets IV. Budget Components a. Fire Stations b. Fire Trucks and Equipment c. Personnel (salary, benefits, training, personal gear) V. What is the future of fire service across the United States look like and what does recruitment of fire fighters look like for the future VI. Develop options for consideration by Committee and deliberate on them VII. Make a recommendation to the Governing Body City of Topeka Fire Service Special Committee EXCERPT OF MINUTES DECEMBER 10, 2019 - CITY COUNCIL CHAMBERS, Topeka, Kansas, Tuesday, December 10, 2019. The Governing Body members of the City of Topeka met in regular session at 6:00 P.M., with the following Councilmembers present: Hiller, Clear, Ortiz, Emerson, Padilla, Jensen, Dobler, Coen and Lesser -9. Mayor De La Isla presided -1. DISCUSSION regarding the request to acquire property for construction of new a fire station on SW 6th Street, was presented. Brent Trout, City Manager, stated in 2019, the Fire Department completed a risk analysis using historical call data and GIS projected drive times while looking to provide coverage to all areas of the city within a five minute response time. He stated as a result of this study it was determined the best location for a new fire station was in the area of SW 6th and Fairlawn Avenue. Jason Peek, Public Works Director, reported that staff worked through an analysis with the Fire Department to review response coverage times and have identified available parcels in the area near of SW 6th and Fairlawn. He stated they have worked with the property owner and have negotiated a sale price of $290,000, a price within the appraised property value range of the area. He reported purchase of land and construction design was not included in the initial project budget; therefore, they anticipate there will be a need for a project budget amendment. Councilmember Coen asked when the item was considered for action, would this include just the purchase of the land or do they anticipate closing fire stations and relocating personnel. Brent Trout reported personnel from Fire Station No. 11 would be transferred to the new location; and the old Fire Station No. 11 building would be used to store equipment and to conduct offsite training events for the Police and Fire Departments. Councilmember Dobler asked what process was used to identify the proposed location. Jason Peek stated site location was determined by creating map layers with the assistance of the Shawnee County GIS system and response time data service levels from the Fire Department. He noted the new parcels are located in the vicinity of the SW 6th Street location donated by Sisters of Charity in 2010. Councilmember Clear requested additional information on how the data was calculated for the different response times for both the old and new fire station locations. She asked if Fire Fighters were consulted about the plan. Kelly Adams, Deputy Fire Chief, reported they used GIS drive time and actual call time. He noted the last five deployment studies conducted support a new fire station on the west side of the city. Craig Duke, Fire Chief, stated the goal was to reallocate resources fairly across the city. Governing Body Minutes  Councilmember Coen requested a copy of the Fire Department Strategic Plan and asked if the plan specifically addresses the growth of services north of Highway 24. Councilmember Lesser noted response times will increase in many areas of the city not just north of Highway 24. He stated the issue needs to be reviewed in totality not by just response times in one area of the city. Councilmember Jensen expressed concern with disaster response as it relates to major bridge access. Councilmember Emerson moved to extend the meeting past 10:00 p.m. The motion seconded by Councilmember Jensen carried. Councilmembers Clear and Ortiz voted “no.” (8-2-0) Discussion ensued by Governing Body members concerning the importance of creating a complete strategic plan for the Fire Department before deciding where to build a new fire station and reallocating resources. Councilmember Hiller inquired on the anticipated project budget amendment. Jason Peek reported staff anticipates there will be an additional $1 million needed to complete the project. DECEMBER 17, 2019 - CITY COUNCIL CHAMBERS, Topeka, Kansas, Tuesday, December 17, 2019. The Governing Body members of the City of Topeka met in regular session at 6:00 P.M., with the following Councilmembers present: Hiller, Clear, Ortiz, Padilla, Jensen, Dobler, Coen and Lesser -8. Mayor De La Isla presided -1. Absent: Emerson -1. APPROVAL of a Real Estate Agreement between Cedar Crest Properties, LLC and the City of Topeka in the amount of $290,000 was presented. (Contract No. 48289) Brent Trout, City Manager, reported staff conducted an analysis and determined the best location for a new fire station would be in the northwest area of the city along SW 6th Street and Fairlawn Avenue, providing better coverage for the northwest area of the city as well as overall response time for the entire city. He stated the analysis was based on the assumption there was no new money available; however, if there was, the location recommendation would remain the same. He noted acquisition of the land provides an opportunity to move forward with plans for a new fire station, a project that began many years ago. Craig Duke, Topeka Fire Chief, provided a brief overview of the methodology and process used to determine the proposed location including response times, historical data, volume of calls and GIS information, with the end goal of having equalized response times for the entire city. He stated past studies validated the suggested location for a new fire station. Councilmember Coen asked if the approval of the real estate agreement would cause the closure of any fire stations. Brent Trout reported the intent would be to eventually close Fire Station No. 11 and relocate the crew members to the new fire station. He stated the vacant building would be used for storage as well as onsite training for the Fire and Police Departments. Councilmember Lesser asked for confirmation that after the real estate agreement was approved, the reallocation of resources and/or the closing of a fire station would require approval by the Governing Body. Brent Trout confirmed the Governing Body would be required to approve an amendment to the capital improvement budget in the approximate amount of $1.1 million in order to build the new fire station. He stated discussions would also have to take place regarding the closing of Fire Station No. 11 because it would affect the overall City of Topeka operating budget. Governing Body Minutes Page 2  Mayor De La Isla spoke in support of building a new fire station because it was needed for better coverage in certain districts; however, she wants to make certain approval of the real estate agreement was not contingent upon closing a fire station. She stated there needs to be more discussion on the overall Fire Department Strategic Master Plan. Councilmember Clear expressed concern with the eventual closing of Fire Station No. 11 if the purchase of property was approved. She questioned the type of data used to make the decision and believes the building of a new fire station will not solve coverage problems for the entire city, specifically in north Topeka. Councilmember Ortiz commented on the many Fire Department studies that have been conducted over the years and the recommendations that have not been implemented. She expressed the importance of community engagement as it relates to the overall creation of a Fire Department Strategic Master Plan and requested the acquisition of land be put on hold. She spoke in opposition of closing a fire station and requested a copy of the 2016 Fire Department Report conducted under the leadership of former City Manager Jim Colson as well as final budget numbers for an overall plan. Councilmember Jensen stated the Governing Body continues to direct staff to do more with less and believes staff has done a good job with the directive given. He spoke in opposition of closing Fire Station No. 11 and will support the acquisition of property because it will lay the foundation in the decision to build a new fire station in a location where it was needed. Councilmember Jensen called the question. The motion died due to a lack of a second. Councilmember Jensen moved to approve the real estate agreement. The motion was seconded by Councilmember Padilla. Councilmember Lesser encouraged Governing Body members to approve the purchase of the land so the opportunity was not lost. He referenced the large facilities located in the vicinity of the proposed new fire station and the need for emergency coverage by the Fire Department. He commended staff for presenting good data to the Governing Body; however, he will not support the closing of Fire Station No. 11. Councilmember Hiller spoke in opposition of approving any items of this nature until a Fire Department Strategic Master Plan was in place. She stated the information distributed to the Governing Body needs to be clarified and questions need to be answered. She referenced the many Fire Department reports and/or studies that have been conducted over the years and the need to consider the data resulting from those reports and/or studies. Discussion ensued by the Governing Body concerning the importance of having comprehensive discussions on fire services in the community for the purpose of creating a Fire Department Strategic Master Plan. It was the consensus of the Governing Body to include City Administration, Fire Department employees and union representatives and Governing Body members in discussions, followed by community engagement. Councilmember Dobler spoke in general support of purchasing the property because he believes it will be the right location for a new fire station; however, if approved, it will likely set plans in motion regarding Fire Station No. 11. He expressed concern with delaying the process through the creation of a committee and asked if it was possible to include an option in the agreement to extend the offer for a short period of time, no longer than two months. Jason Peek, Public Works Director, reported the offer for the land expires at the end of the year; however, the property owner may be amenable to a 45-day extension if needed. Councilmember Jensen moved to create a committee consisting of City Administration, Fire Department employees and union representatives and Governing Body members to discuss Governing Body Minutes Page 3 fire services in the community i.e. a Fire Department Strategic Master Plan. The motion was seconded by Councilmember Lesser. Councilmember Hiller questioned if a date certain should be included in the motion and asked if the goal of staff was to complete the framework for a Fire Department Master Strategic Plan by April 2020. Brent Trout stated he believes three months would be a reasonable target as it would accommodate capital improvement planning and operating budget deliberation deadlines. The motion to create a committee consisting of City Administration, Fire Department employees and union representatives and Governing Body members, for the purpose of creating the framework for a Fire Department Strategic Master Plan by April 2020, carried unanimously. (9-0-0) Councilmember Lesser moved to approve the real estate agreement. The motion seconded by Councilmember Jensen carried. Councilmembers Hiller and Ortiz voted “no.” (7-2-0) MARCH 10, 2020 - CITY COUNCIL CHAMBERS, Topeka, Kansas, Tuesday, March 10, 2020. The Governing Body members of the City of Topeka met in regular session at 6:00 P.M., with the following Councilmembers present: Hiller, Valdivia-Alcala, Ortiz, Emerson, Padilla, Naeger, Dobler, Duncan and Lesser -9. Mayor De La Isla presided -1. REQUEST to extend the deadline for the City of Topeka Fire Service Special Committee to report to the Governing Body from April 2020, to no later than November 10, 2020, was presented. Brent Trout, City Manager, reported on December 17, 2019, the Governing Body voted to approve the purchase of property for a new fire station as well as establish an ad hoc committee to review fire service for the City of Topeka with the committee work to be completed by April 2020. He stated because the committee recommendations would not have an effect on the 2021 budget, he requests the deadline for the final report to the Governing Body be no later than November 10, 2020. He reported he has received commitments from individuals within the community willing to serve on the committee and highlighted the proposed committee process that would complete an in depth review for fire services. Councilmember Hiller referenced the Draft Proposal for Fire Service Special Committee and suggested “Prevention vs. Suppression” be added as item 5 under Section 3e. Brent Trout agreed to the addition. Councilmember Duncan expressed the importance of the committee having clear directive from the Governing Body and determining the type of fire service needed in the future. Councilmember Dobler asked if the City plans to manage the operations of Emergency Medical Services (EMS) in the City. Brent Trout reported the EMS operations component will be discussed by the committee and the Advanced Life Support (ALS) program will have a big impact on the overall fire service the City provides. He noted the ALS pilot program continues to provide good data to analyze the number of fire stations needed for future fire service as well as the budgetary impact. Councilmember Valdivia-Alcala expressed her appreciation for the opportunity to serve on the Special Committee and thanked former Councilmember Sandra Clear for serving on the Committee as well. She requested the City Manager supply the Governing Body all studies and analysis being considered by the committee to the Governing Body. Governing Body Minutes Page 4  Brent Trout stated all the information and studies will be supplied in hard copy and electronic form. Councilmember Ortiz commended the Governing Body for establishing the Special Committee. She stated it provides an opportunity for community partners, staff and all others involved to collaborate on a solution. She noted there are a number of studies to consider and expressed the importance of making sure the entire City has adequate fire service coverage. Councilmember Ortiz moved to extend the deadline for the City of Topeka Fire Service Special Committee to report to the Governing Body from April 2020, to no later than November 10, 2020. The motion was seconded by Councilmember Emerson. (10-0-0) Governing Body Minutes Page 5  City of Topeka Council Action Form Council Chambers 214 SE 8th Street Topeka, Kansas 66603 www.topeka.org October 20, 2020 DATE: October 20, 2020 CONTACT PERSON: DOCUMENT #: SECOND PARTY/SUBJECT: PROJECT #: CATEGORY/SUBCATEGORY CIP PROJECT: No ACTION OF COUNCIL: JOURNAL #: PAGE #: DOCUMENT DESCRIPTION: VOTING REQUIREMENTS: POLICY ISSUE: STAFF RECOMMENDATION: BACKGROUND: BUDGETARY IMPACT: SOURCE OF FUNDING: ATTACHMENTS: Description October 20, 2020 Public Comment Received Attachment A