MINUTES OF THE SPECIAL EN BANC MEETING OF THE CITY COUNCIL AND THE SEDGWICK COUNTY COMMISSION Wichita, Kansas, June 24, 1998 Wednesday, 10:05 a.m. The City Council and Sedgwick County Commission met in special en banc session with Council Members Cole, Ferris, Gale, Kamen, Lambke, Rogers, and Mayor Knight; present. County Commissioners Gwin, Hancock, Winters, Miller, and Chairman Schroeder; present. SELECTION OF CHAIR PERSON Motion -- Schroeder moved that Mayor Knight chair the meeting. -- carried City Council carried 7 to 0. County Commission carried 5 to 0. UP SETTLEMENT PROPOSED SETTLEMENT WITH THE UNION PACIFIC RAILROAD. Bill Stockwell Transportation Supervisor reviewed the Item. Agenda Report. In December 1995, when the City (and County) became aware of the Union Pacific (UP) Railroad’s intention to increase train movements through Wichita, the City immediately began efforts to oppose additional train traffic through the City and to relocate or bypass the City with through train traffic. The UP’s proposed merger with the Southern Pacific Railroad gave the UP the incentive to utilize its rail lines through Wichita as a north-south mainline between Texas and Wyoming (coal), as well as grain shipments from Nebraska and other states to ports on the Gulf of Mexico. To implement the merger and the new routings, the UP had to receive approval of the Surface Transportation Board (STB). Protests from Mayor and City Council against the proposed impact of increased train movements through the City were recognized by the STB as being legitimate and of concern. In September 1996, the Board directed a comprehensive evaluation of Wichita’s problem and possible mitigating actions which the STB could require of the UP as a prerequisite to approval of the UP/SP merger. The STB’s draft Preliminary Mitigation Plan (PMP) was issued September 16, 1967, after 11 months of consultant study. The STB conducted a public hearing on the PMP on September 30, 1998, at Century II. The PMP recommended the UP make mitigating improvements in Wichita and Sedgwick County totaling $11.5 million. The primary mitigating actions that were recommended, included: (1) Speeding up the UP trains to minimize the at-grade crossing delays and the blocking of emergency vehicles; (2) Improving safety by installing gates at 16 at-grade street crossings and pedestrian gates at selected locations; (3) Safety improvements for the purpose of detecting “hot boxes” to avoid derailments in urbanized areas; (4) Barriers and fences along the UP rail right-of-way in selected locations; and (5) Detection equipment for the 911 system to alert dispatchers of approaching trains. In November, 1997, meetings with UP officials began with the goal of negotiating a reasonable settlement that would eliminate the need for the STB to impose its minimal mitigation plan. After seven months of intensive discussions, the UP Railroad, Wichita and Sedgwick County have developed the Memorandum of Understanding (MOU). City and County Staffs believe the MOU offers a reasonable approach to the UP train problem that would be mutually acceptable to all parties. The recommended MOU provides for a $25 million settlement with a maximum of $16.205 million in cash available for City/County construction of rail/vehicle separations. This money, coupled with the $26.250 million in Federal TEA-21 funding announced by Congressman Tiahrt, will be committed to building separations and elevated trackage. Expectations are that Governor Graves and the Kansas Legislature will also earmark funds in 1999 towards Wichita/Sedgwick County’s $110 million separations program. Design efforts towards implementing this large-scale program should begin later this year upon approval of the City Council and available funding. The proposed settlement also provides that the UP will abandon two separate segments of its rail lines in Wichita: The Hutchinson Branch (Mid-Town and Core Area) and the Midland Valley Industrial Lead (south from the Central Kansas Railroad to north of Pawnee Avenue). The abandonment of the Hutchinson Branch (2 ½ miles of track) will enable the CKR to concentrate its rail movements on the CKR’s right-of-way south of the core area. Plans to address that increased rail activity are under study. The proposed settlement agreement provides for payments to flow to the City and County for designated improvements. A separate Agreement will provide for the allocation of funds between the two governing bodies. The abandonments by the UP will also necessitate a separate MOU between the City and the CKR. [The numerous details required, such as dealing with timing of actions, flow of UP payments, and conditions affecting the implementation of each separate action, are outlined in the UP Agreement.] The proposed agreement provides that the UP will pay for actions related to construction of rail/vehicular separations in three payments scheduled in two, three, and four years from the effective date of STB’s approval of the joint agreement. While the agreement provides that the cash available for separations may reach a maximum of $16.205 million, this total will depend upon: (1) the City/County closure of twelve at-grade crossings (at $250,000 credit for each crossing closed); (2) eliminating the $1.5 million for designated improvements to the Emergency Communication Center; and (3) elimination of fencing and barriers along the UP’s tracks in Mead Street. The UP has also agreed to advance payments up to $4.0 million if the City and/or County chooses to accelerate actions on constructing separations. This money can be used for design, right-of-way acquisition, and/or construction. The UP will provide $500,000 to be advanced to the City to assist with immediate actions along the southern CKR route (Bayley Street). The MOU contains the understandings, conditions, and actions required of all parties. The Agreements are subject to the approval of the Surface Transportation Board. Council Member Ferris momentarily absent. Mayor Knight Mayor Knight inquired whether anyone wished to be heard and no one appeared. Commissioner Winters Commissioners stated that the plan had come together after a lot of work. A lot of options were looked at and every possible solution was looked into. The resulting agreement is exciting. Motion -- Winters moved that the proposed Memorandum of Understanding with the UP be approved and the Mayor and County Commission Chairman be authorized to sign. -- carried City Council carried 7 to 0. County Commission carried 5 to 0. MUNICIPALITIES CONTRACT CONTRACT BETWEEN MUNICIPALITIES Gary Rebenstorf City Attorney reviewed the Item. Council Member Kamen momentarily absent. Agenda Report. The City and County jointly negotiated a Memorandum of Understanding (MOU) among the Union Pacific Railroad Company (Railroad) and the City and County to provide a reasonable settlement to the UP train problem and eliminate the need for the Surface Transportation Board to impose its minimal mitigation plan. Many provisions of the MOU, which are applicable to some degree to both the City and the County do not clearly identify the extent to which they apply to each entity. Along with the approval of the MOU, the City and County desire to enter into a contract to set forth a more detailed understanding as to the role each will play in the implementation of the MOU. The contract is based on the authority of K.S.A. 1997 Supp. 12-2908, which allows municipalities to enter into contracts. The contract provides: 1. The overall administration of the MOU will be accomplished by the City. 2. Written requests for performance of obligations of the Railroad will be initiated by the City, except the County will initiate three requests for: (1) grade crossing signal improvements at three sites (Greenwich Road, 103rd Street South and 119th Street South) and (2) the hot box/dragging equipment detectors referenced in the MOU. 3. Grade crossing surface improvements referenced in the MOU will be determined by the City and County engineering staffs and costs for such improvements outside the City limits not to exceed $80,000. 4. The $1.5 million identified for electronic communications systems for emergency dispatchers will be used for grade separations, as authorized by the MOU. 5. The County claims no right or interest in the properties to be conveyed to the City, nor the cash payments made by the Railroad in lieu of such conveyances, as referenced in the MOU. 6. Based on time frames in the MOU, a portion of the contribution from the Railroad for grade separations is allocated to the separation at 71st Street South in the amount of 7.2%, to be paid to the County as the amounts are received from the Railroad, pursuant to the MOU and any escrow provisions. The balance of the contribution is allocated to City projects. 7. All other administration and implementation of the MOU will be done by the City. The proposed contract provides for the allocation of funds and responsibilities of the City and County, pursuant to the MOU with the Railroad. Mayor Knight Mayor Knight inquired whether anyone wished to speak and no one appeared. Motion -- Knight moved that the Contract between Municipalities be approved and the Mayor and County Commission Chairman be authorized to sign. -- carried City Council carried 7 to 0. County Commission carried 5 to 0. Mayor Knight Mayor Knight stated, “When we found out, several years ago, that our current congestion would be multiplied, it was very tempting to become frustrated and only curse at the darkness. I think, to our credit, we, instead, decided to work together and become a light. “Political posturing and grandstanding would have resulted only in drift and decline; and it was a luxury that these two governing bodies decided we simply could not afford. We decided, instead, that we needed a new vortex of social and political energy in our community, one that would arise from shared intentions and a cooperative spirit. We learned, once again, that minds in agreement form the most powerful force imaginable and we were able to harness that, at least for this major challenge, to propel us to this agreement. “First of all, I think that we have earned the right - everyone sitting up here, and our respective staffs, to savor our victory for a moment or two, and then attempt to translate that chemistry that made this possible into a continuing resolve to apply it to other common challenges. Clearly, we have the people here that are capable of doing that but, on this issue, I think everyone sitting here that participated will look back years from now and say what we did was very, very special indeed. “I want to thank everyone for their assistance, and, certainly their involvement. Above all else, I do not think it went without notice that we had a tremendous amount of citizen support, and that is what really made this deal. So, I can only express, on behalf of this en banc gathering, our deep appreciation to every citizen that calls this County home. It was a very special experience.” Council Member Cole Council Member Cole expressed her gratitude and recognized the leadership of Mayor Knight and Commissioner Winters in this matter. Bill Stockwell Transportation Supervisor said it was a pleasure to work with both governing bodies on this challenging and most interesting project. Mr. Stockwell gave credit to Mr. Post and Mr. Kalish. Steven Kalish Steven Kalish said City and County’s willingness to stay with the issue and to deal with all issues made the project extremely worthwhile. ADJOURNMENT The En Banc meeting adjourned at 11:03 a.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 166 JUNE 24, 1998