MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, August 29, 1996 Thursday, 12:02 P.M. The City Council met in special session with Mayor Knight in the Chair. Council Members Cather, Cole, Ferris, Gale, Kamen; present. Council Member Rogers absent. Ray Trail, Director of Finance, Cathy Holdeman, City Manager's Office, Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The purpose of the Special Meeting was discussion of Inter-Local Agreement creating the Wichita- Sedgwick County Solid Waste Management Committee and solid waste management issues. EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to potential litigation, legal advice, and contract negotiations; and the special meeting be resumed at 12:25 p.m. Motion carried -- carried 6 to 0. (Rogers absent) RECESS Council recessed at 12:03 p.m. and reconvened in special session at 12:25 p.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. SOLID WASTE DISCUSSION OF INTER-LOCAL AGREEMENT CREATING THE WICHITA-SEDGWICK COUNTY SOLID MANAGEMENT WASTE MANAGEMENT COMMITTEE AND SOLID WASTE MANAGEMENT ISSUES. Mayor Knight Mayor Knight, referring to discussion that took place at the Sedgwick County Commission Meeting on August 28, 1996, said it is very easy for men and women to become frustrated, angry, and combative. It is hoped that in the City's affairs the energy, effort, aptitude, and commitment to serving neighbors will be directed to cooperation, problem solving, conciliation, compromise, and to a true commitment to renewal and sustainable solutions. "I am going to make a statement on behalf of the Wichita City Council concerning yesterday's actions. "It is very important to our Council that today provides a very accurate snapshot to our community, both within the boundaries of Wichita and our neighbors outside the boundaries of Wichita who we have continually expressed concern and interest in. Three years ago, the Sedgwick County Commission asked the Wichita City Council to take charge of planning and implementing trash disposal plans for Wichita and Sedgwick County. The City took that responsibility very seriously and, from the start, set the goal of thoroughly studying all possible options, all solutions, all possible technologies in order to make an informed decision about which one would best serve all the residents of Sedgwick County. Balancing the concerns of urban and rural residents, business owners and environmentalists, large waste management firms and small independent trash haulers is a significant challenge, but it is a challenge the City Council and the City Staff have worked diligently to meet. We were very close to reaching that goal. In three weeks, we plan to make the findings of our detailed study public; open these chambers to all residents for a full public discussion of the issues; and, then, include the Sedgwick County Commission in making a decision. City Staff and our expert consultants looked at new technologies such as pyrolisis and plasma torch; they evaluated incineration and waste to energy plants. Those options were studied and dropped because of high cost, low success rates, environmental concerns, and unpredictable results. The two remaining options on the table are transfer stations (where the trash would be hauled to a distant landfill - which wants it) or construction of a new, local landfill. No decision has been made. We still do not have enough concrete information to make an informed choice but we are very close. It is unfortunate we were not able to complete the job the County Commission asked us to do three years ago in planning solid waste disposal; but, we are still interested in finding a solution to trash disposal which serves all the residents of this community including the 310,000 Wichita residents we were elected to represent. "In an effort to assist the County Commission and County Staff in that goal, we are making available all the completed studies and research documents developed over the past five years. The driving principles behind our solid waste planning efforts over the past three years have been the environment, cost, cooperation with our neighbors, and flexibility to take advantage of new technology as it develops. Those will remain our goals, even as the County Commission takes over the responsibility of solid waste planning and implementation. We would have preferred to continue the job the County Commission asked us to do, but that is not going to be the case. Under State law, assuming responsibility and authority for the planning of solid waste management also means assuming the responsibility for implementing that plan. That means not only finding a solution to trash disposal but it means taking charge of environmental education, household hazardous waste programs, recycling and source reduction efforts, and, of course, controlling and operating whatever long-range solid waste disposal method is finally put in place. "What does all this mean to the people of Wichita and Sedgwick County? It means the basic questions of 'Where will I throw my trash?' and 'How much will it cost?' are now questions the County Commission must answer; and, those answers may now be delayed another 18 months or two years as the County tries to re-evaluate trash disposal options and include everyone in the Sedgwick County area in the process. "We are concerned, however, that County Commissioners may have already excluded consideration of some solid waste options before their process has even begun. Whether it is a transfer station, an incinerator, or a new local landfill, we sincerely urge County Officials to study every possible option in order to find the best solutions for all residents of Sedgwick County, including the 310,000 men, women, and children who live in the City of Wichita. "Planning and implementing a Solid Waste Management Plan which is safe for the environment, which is affordable and fair to all residents, is a significant challenge. We wish the County Commission well." Council Member Ferris Council Member Ferris said, "There was not one word that was spoken that I do not concur with. "I did have an opportunity, also, to watch the discussion on the County Commission Bench yesterday. I would like to point out some large inaccuracies in their statements. One, that the City Council made a decision on Tuesday not to allow them to participate in the process. It is my recollection that, because we had some extra time, we decided to talk with Gary (Rebenstorf) and make sure how we would implement that if it was possible and do that. So, while we may have decided that in the future, we had not made that decision. That was stated by at least two or three of the County Commissioners and I think that was a gross inaccuracy and it should be noted. "I think, as well, the fact that we are in the eleventh hour shows how little Mr. Schroeder knows about this whole process and I hope that he does more research in the future because this is going to be a very challenging topic. "I have learned more about solid waste in the last three years than I thought I would ever know and I will tell you, frankly, that I know less than I should know to make a good decision. That is why we had planned to have a full briefing with our Staff. I doubt, seriously, if there is County Staff that has the abilities that Mr. Pajor and Mr. Lackey do in this area simply because they have been dealing with it for as little as ten and maybe as much as twenty years - I am not sure of the total tenure there. It will be a very strong challenge because, as you know, we rely on our staff, very greatly, to fill in the information that we cannot possibly have. There was not anything I heard yesterday, in the discussions at the County Commission, that gave me the confidence that they currently have the decision-making ability and information to make the decisions that they are going to have to make in 31 days. So, I hope they will get up to speed very quickly on some of those. "The other thing that disturbed me took place in this Chambers some three or four months ago and that was when five County Commissioners expressed a preference without having information. I hope that in the future, as you have mentioned here, that they will not do that. I had a preference six months ago, as well, and I will tell you that, at that time, I did not express that preference because I did not know if my preference would hold out when the facts were accumulated and came to bear in front of us. This is not a decision you can make by filling a room with 300 people. This is a decision that impacts 410,000 people. I heard Mr. Schroeder, and I heard one other Commissioner, make the comment that we were not using good numbers - that the numbers they had seen, to that point, did not take into consideration closure, costs, and some of those things. I will tell you, that is why we have not made a decision today. We were going to receive that information in 2½ weeks and we were waiting anxiously for that date so we could then go forward to the next step. I hope the County Commission takes the time and the effort that it takes to learn this. I will tell you that I am greatly relieved and there are a lot of people over at my business that are greatly relieved that the City will no longer be responsible for this, so that I can get back to not trying to get up to speed to the degree that I had to, to be in that decision-making process. Fortunately, the County Commission is full-time, gross about $60,000 or $65,000 a year job, so they can commit all of their energies to this and they will be able to do this, and I am confident that, because they are anxious to make a good decision, that they will spend the time it takes to do this. "So, I am very encouraged by your statements. I think they reflect my feeling on this in its entirety." Council Member Cather Council Member Cather said that, as he has seen how the City Council has handled matters and he felt the City has been responsible and he was encouraged that the City has stepped forward to start consideration to close Brooks Landfill. He is pleased the City has proceeded with planning to eliminate yard waste, white goods or appliances, eliminate construction demolition wastes, promote recycling, and remove household hazardous waste. At the moment, the City is waiting on the bids on the RFPs so that an intelligent determination can be made about either siting a new landfill or transfer station. To continue down the road the City would have taken would have told (and will tell in some ways) the citizenry of the City and County what the tipping fee would likely be if a new landfill were developed or if a transfer station were developed. A comparison will be able to be made, and the citizens and business people in the community will be able to see what their trash hauling rate would be and how they would be impacted. Council Member Ferris Council Member Ferris said that if the City Council is not going to be the planning agency he would still like to receive the information from the consultants and the RFPs and, since the City is not the agency that will be holding the public hearings, to have it presented on the regular City Council meeting date (September 17th) in a workshop setting. That information will be shared with the County to be used in their decision-making process. Council Member Cole Council Member Cole said solid waste management has been a long, arduous, and educational process in which she did not expect to spend the amount of time that was spent on the issue. Council Member Cole said she was pleased with this decision. A planner by nature and profession, Council Member Cole said she believes that in order to plan effectively, it is critical that the body, the unit, in charge of planning also be charged with carrying out those plans because only then will the consequences, costs, and political realities be integral to the planning process. "I am sure that all of us pledge to monitor whatever goes on ahead on behalf of those constituencies which we represent." Council Member Kamen Council Member Kamen said this reminded him of a statement made by an unknown person, "Politicians are those who look toward the next election and Statesmen are those who look toward the next generation." "This issue is going to exemplify that - one way or another." Council Member Gale Council Member Gale said solid waste and how to deal with it has been the biggest issue he has had to deal with since he has been on the Council. "I am almost feeling a sense of relief, but I think, as has been expressed by each of you, that we are definitely, by no means, going to stop looking at this and being involved with this issue." The issue will have an impact for many years to come and, whatever solution or choice that is made, the cost will easily run into a hundred million dollars, plus. Gary Rebenstorf Director of Law, responding to a question, confirmed that the State Law provides for forming a plan, implementing that plan, and the details to make the plan work. Mayor Knight Mayor Knight said the focus has to continue to be participating with others in framing a sustainable, integrated solid waste strategy that can withstand full public scrutiny. Mayor Knight thanked Milt Pollitt, Chair of the Solid Waste Management Committee, for his efforts and commitment to the Committee. "I think it is very clear that your objective is to find out where the public purpose resides and to give your very best advice to those who are interested on the subject. You have been, really, a very marvelous citizen representative." Mayor Knight said he wanted anyone from the media or citizens who have questions for City Staff to take advantage, today, to talk to them. Staff is prepared to spend whatever time is necessary to share whatever information the City has assembled. Mayor Knight said he received letters yesterday and today from Sedgwick County Chairman Tom Winters concerning the County's position. "I will just reaffirm, Tom, my intention is to participate in any way I can to be part of a solution that can be viewed by citizens as a good work product, on their behalf, with regard to solid waste and all that goes into that. "Our Staff and our City will be prepared to negotiate in good faith but, as you know, we will have public interest at the forefront in any discussion we have; and, we will be interested in hearing from you as to how you want to approach this. Again, I will do my best to try and assist in any way that I can." Council Member Kamen left the Bench. "The collective wisdom of our community is enormous, far beyond any five County Commissioners sitting in your offices and, certainly, beyond the seven of us. We have really spent a lot of time trying to tap in to what these citizens are expecting in the way of our service. When I talk about the environment being at the very top of their concerns, I think that that is an ethic that is unquestionably at the forefront and we share that. We know that cost is a consideration. We believe that rate shock is something that citizens should not be subjected to, and we have gone to great lengths regionally, county-wide, city-wide, to invite not just a tell-and-sell but discussions, every day - all of us up here - phone calls, letters, meetings. There is a community dialogue occurring. I think it will probably intensify beyond this point, and I do not think that is necessarily bad. Democracy does not promise a tidiness that we would all like...it can be pretty difficult at times - but they do expect performance. They expect results, and we thought that we were very close to presenting an option that would satisfy those expectations. The environment, the cost, the cooperation, and flexibility - that is what drives my participation and I think it drives a lot of other people." "This is a new beginning. All things do not work out the way we thought they would, but I again, ask that you be very careful to consider everyone's point of view." Motion -- Knight moved that that the County's Notice of Cancellation of the Inter-Local Agreement be received and filed; the September 16, 1996, public hearing be canceled; and a City Council Workshop be scheduled for September 17, 1996, on Solid Waste Matters; and the Mayor be authorized to send a letter on behalf of the City Council advising the County Commission of the City Council's acceptance of the County's decision to assume all solid waste planning responsibilities, the City's intent to provide reports and studies to assist the County in this effort, and requesting to be notified of the County's schedule of public hearings and -- carried deliberations. Motion carried 5 to 0. (Kamen, Rogers; absent) Council Member Kamen present. Mayor Knight Mayor Knight stated that the City would have a pretty solid base of information for the community to evaluate within two+ weeks. The information will be hard numbers, not estimates by a consultant. ADJOURNMENT The special City Council meeting adjourned at 1:00 p.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 162 AUGUST 29, 1996 Page 21