Derby City Council

CITY OF DERBY MEETING OF THE CITY COUNCIL REGULAR MEETING April 28, 2015 6:30 P.M. Our mission is to create vibrant neighborhoods, nurture a strong business community, and preserve beautiful green spaces. 1. CALL MEETING TO ORDER 2. FLAG SALUTE 3. INVOCATION--Pastor Bruce Freeman, Cross of Glory 4. ROLL CALL 5. CONSIDERATION OF MINUTES 5. A. Regular Meeting Minutes - April 14, 2015 Recommend a Motion to: Approve the regular meeting minutes of April 14, 2015, as presented 6. PUBLIC FORUM 7. PROCLAMATION 7. A. 2015 Arbor Day Proclamation 7. B. Proclamation Recognizing National Police Week 8. PRESENTATIONS 8. A. Derby Police Department Beat Teams 1 9. NEW BUSINESS 9. A. Public Hearing & Ordinance Levying Special Assessments Recommend a Motion to: Adopt an ordinance levying special assessments on certain property to pay the costs of internal improvements as authorized by the resolutions noted in the ordinance and providing for collection of such special assessments. 9. B. 2015 Board, Commission and WAMPO Appointments Recommend a Motion to: Approve the Mayor’s reappointments and appointments to Derby Boards and Commissions and designate Jack Hezlep as the Voting Representative to WAMPO. 9. C. Summary of Community Forum "Listening to Derby" Recommend a Motion to: Receive and file the report. Direct staff to take such action as the Council deems appropriate. 9. D. Addition of 3 Part-Time Firefighter Positions and an Assistant to the City Manager Recommend a Motion to: Adopt the updated pay matrix as presented and increase the City's position count to reflect the added positions. 10. CONSENT AGENDA Recommend a Motion to: Approve the Consent Agenda. 10. A. Project Agreement for Nelson Dr. Re-alignment at Meadowlark Blvd. 2 10. B. Madison Avenue Central Park Soil Excavation Change Order 10. C. Anonymous Donation to Derby Fire and Rescue 10. D. Annual Revision of Derby City Code 11. EXECUTIVE SESSION 12. ADJOURNMENT 3 City Council Meeting 5. A. Meeting Date: 04/28/2015 Submitted For: Karen Friend, City Clerk Submitted By: Rebecca Likiardopoulos, Management Assistant Agenda Category: New Business Subject: Regular Meeting Minutes - April 14, 2015 Recommend a Motion to: Approve the regular meeting minutes of April 14, 2015, as presented Attachments Regular Meeting Minutes - April 14, 2015 4  CITY OF DERBY MEETING OF THE CITY COUNCIL REGULAR MEETING April 14, 2015 6:30 P.M. Our mission is to create vibrant neighborhoods, nurture a strong business community, and preserve beautiful green spaces. 1. CALL MEETING TO ORDER 2. FLAG SALUTE 3. INVOCATION--Fr. Wayne Schmid 4. ROLL CALL COUNCIL MEMBERS PRESENT: MAYOR Dion Avello WARD I Randy White, Darrell Downing WARD II Jim Craig, Vaughn Nun WARD III Cheryl Bannon, Chuck Warren WARD IV Tom Haynes, Mark Staats 5. CONSIDERATION OF MINUTES 5. A. Regular Meeting Minutes - March 24, 2015 Recommend a Motion to: Approve the regular meeting minutes of March 24, 2015, as presented. Moved by Jim Craig, seconded by Cheryl Bannon, to approve the regular meeting minutes of March 24, 2015, as presented. Vote: 8 - 0 6. PUBLIC FORUM Kathy Sexton, City Manager, said the Planning Commission meeting will be 5 April 14, 2015 Page 1 of 11  Kathy Sexton, City Manager, said the Planning Commission meeting will be held this Thursday, April 16th. Typically, you get an email saying the agenda has been posted to the website. There was a glitch in the notification system. The agenda has been posted to the website, and includes a zone change in Glen Hills Addition with a public hearing; a site plan review for a building in the Derby Marketplace; and a draft of the West End Development Plan. If you would like a copy of the packet, please let us know and we will make copies for you. The Community Forum is next Thursday, April 23rd, at 6:30 p.m. and we will be talking about the West End Development Plan during that meeting. Mayor Avello said thank you to the citizens of Derby for allowing me to be here for 20 years; 12 as mayor and 8 as council member. We have done a lot of good things in those years. He is very proud the people of Derby allowed him to be the face of Derby for all these years. Council Member Craig said the people have spoken and changes are inevitable. It has been an honor and a privilege to serve the City Council for the last ten years. He gave credit to his wife Suzanne. She told him before each Council meeting to be nice. The governing body and city employees can take credit for a decade of progress, prosperity and success through numerous challenges of change and difficult issues. It is not difficult to see that Derby has experienced outstanding growth with a high degree of sustainability. The success is the result of the policies and decisions of the governing body, and the implementation of policies by the city manager, the direct staff and collective efforts of the city employees. He congratulated those who succeeded in their campaigns. They have made a four-year commitment to the stewardship of the Derby community as a whole. He thanked the Council for allowing him to serve this last year as Council President. He thanked Mayor Avello for his support, his leadership and advocacy for the City of Derby. Council Member Bannon said it has been her pleasure to serve on this Council with Mayor Avello and Mr. Craig. Council Member Warren said he appreciates all Mayor Avello has done during the last 20 years for this city, and what you are going to continue to do. Jim Craig served with integrity and highlighted the benefit of good public debate on different issues. When an issue came up, Jim was prepared. He thanked him for his service to the City. Mayor Avello thanked Kathy Sexton for being a great motivator for this city and for everyone on the Council. This city would not be the city it is without Ms. Sexton. 6 April 14, 2015 Page 2 of 11 7. OATH OF OFFICE Karen Friend, City Clerk, administered the Oath of Office to Council Members Rocky Cornejo, Jack Hezlep, Cheryl Bannon, Mark Staats and Mayor Randy White. Both Jim Craig and Dion Avello exited the bench. Mayor White requested a break at 6:58 p.m. Mayor White reconvened the meeting at 7:04 p.m. 8. PRESENTATIONS 8. A. Review of Kansas Open Meetings Act and Kansas Open Records Act Jacque Butler, City Attorney, made the presentation. Kathy Sexton, City Manager, said we will be contacting the new Council members for a one-on-one briefing with Jacque to talk about conflict of interest statutes and other information you need to know. We will also contact the new Council members for orientation and to schedule tours to learn about city departments and facilities. 9. NEW BUSINESS 9. A. Preview of 2016 Budget Development Background: At this time last year, a presentation was made to provide the City Council with a status report on the organization's financial situation, including a review of how we ended the previous fiscal year. This presentation paved the way for the City Council to begin its process of developing the next year's budget. Currently, the 2014 audit is nearly completed and is scheduled for presentation to the City Council on June 9. Staff is fully engaged in revising the 2015 budget and preparing a 2016 operating budget. The budget process also includes updating the rolling ten-year Pavement Management Plan and the five-year Financial Plan, Capital Improvement Plan, Equipment Replacement Plan, and Vehicle Replacement Plan. A PowerPoint presentation will be given at this City Council meeting including an update of how the 2014 year ended, the current economic 7 April 14, 2015 Page 3 of 11  including an update of how the 2014 year ended, the current economic environment, revenue forecast, and issues known at this time to affect expenditures. Ideas and questions from Council members would be most welcome. The City Council budget workshop is scheduled for Tuesday, June 2 at 6:00 p.m. in the Council Room. Notebooks of information to read prior to the workshop will be distributed to Council members a few days prior. Recommend a Motion to: Receive and file the report. Kathy Sexton, City Manager, presented the staff report. She introduced Jean Epperson, Director of Finance, and Zach Gearhart, our Budget Analyst. Council Member Bannon asked Jean if the adjustment to the court funds was up or down. Jean Epperson, Director of Finance, said it was a benefit to our fund balance. It was an entry that negatively affected our fund balance in 2013 and reversed in 2014. It was an estimate of deferred revenue. There was no cash involvement. Mayor White asked what are we doing at Madison Avenue Central Park for drainage; are we creating retention ponds? Ms. Sexton said the ditch through that ten acre square of property runs from the north to the south. They are regrading and expanding the capacity of that ditch, and making it carry water better. It will be better able to handle stormwater. We got all of our permits approved from FEMA and other agencies for the park. They really liked the stormwater plans, and people to the south will like the improved stormwater plans. Mayor White said last year was the first year to do a preliminary budget review. The reason we are doing this is to allow us to see what is going to happen before it is discussed in the budget workshop. It allows us to provide some feedback about anything that we would like to propose to give you before the workshop. Ms. Sexton said if anything is on your mind budget-wise, if you let us know, it would help us put together your workbook for the budget workshop. Mayor White said it is good to do this. It gives everybody a chance in the next week or so to think about things and provide feedback before there are too many things set in stone. He encouraged everyone on the Council to send Kathy emails if they think of something to be included. 8 April 14, 2015 Page 4 of 11  Moved by Chuck Warren, seconded by Tom Haynes, to receive and file the report. Vote: 8 - 0 9. B. Legislative Liaison Services Background: Since August 2012, the City has been represented in Topeka before the Kansas Legislature by Scott Schneider. Outsourcing specialized work of this nature has benefited the city by having expertise otherwise unavailable and by having a person in Topeka during the legislative session to communicate one-on-one with key legislators at critcal times to explain the effects of legislative actions on Derby. On February 24, 2015, the City Council discharged Watkins & Schneider Consulting, LLC due to a conflict of interest that it had recently developed. Research into other qualified firms commenced, and two firms were interviewed. Mr. Gavin Kreidler of Kreidler Consulting Group, LLC is recommended for a 15-month period (April 15, 2015 through July 15, 2016). Mr. Kreidler has good relationships with the League of Kansas Municipalities and key people in the Statehouse. His approach and enthusiasm for representing Derby will serve us well. Mr. Kreidler will communicate and advance the City's position on key bills to legislators and perform other services listed in Attachment A. Financial/Sustainability Considerations: The agreement provides for a fee of $19,980, payable monthly, for the 15-month term. This compares favorably to the previous contract of $19,000 for 12 months. Legal Considerations: The City Attorney has reviewed the agreement and approved as to form. Recommend a Motion to: Authorize execution of an agreement with Kreidler Consulting Group, LLC in substantially the form presented. Kathy Sexton, City Manager, presented the staff report. Mayor White said he spoke with Kathy last week and encouraged her to present this action item. It is very important to see the benefits to have someone in Topeka to share our concerns with the delegation and work some issues that 9 April 14, 2015 Page 5 of 11  are concerning to us. Council Member Nun said he met Mr. Kreidler last week. He is an impressive person. He has a lot of good contacts in Topeka and seems to know what he is doing. Moved by Vaughn Nun, seconded by Mark Staats, to authorize execution of an agreement with Kreidler Consulting Group, LLC in substantially the form presented. Vote: 8 - 0 9. C. Election of Council President Background: Each April, an election for Council President is held as follows: The floor is opened for nominations. Nominations (with seconds) are received. The floor is closed, and nominees are voted on publicly. A majority vote of Council members present and voting is required. The term is one year or until a new Council President is elected. The Council President is elected by members of the Council to serve in the temporary absence of the Mayor and lead the annual performance evaluation of the City Manager. The Council President presides at Council meetings and performs the duties of the Mayor when the Mayor is absent. When occupying the place of the Mayor, the Council President has the same privileges as other Council members and shall exercise no veto. During Council meetings, the Council President assists the Mayor with meeting management, including making motions to approve minutes, approve the consent agenda, recess to executive session, and bring the Council back to order following an executive session. The Council President assists new council members with parliamentary procedures and Council norms. Legal Considerations: State law (KSA 14-204) provides for the office of council president, but Derby has exempted itself from this statute by charter ordinance. KSA 14-308 provides for the president to fill the office of mayor if the office becomes vacant by reason of death, resignation, removal from the city, removal from office, refusal to qualify, or otherwise. Any change in the responsibilities of council president or with respect to succession to the office of mayor should be accomplished by charter ordinance. 10 April 14, 2015 Page 6 of 11  Recommend a Motion to: Hold the election. Kathy Sexton, City Manager, presented the staff report. Council Member Staats nominated Cheryl Bannon for Council President. Motion died for lack of a second. Council Member Warren nominated Tom Haynes for Council President. Council Member Nun seconded. Vote: 8 - 0 10. CONSENT AGENDA Recommend a Motion to: Approve the Consent Agenda. Moved by Chuck Warren, seconded by Mark Staats, to remove item 10B from the Consent Agenda. Vote: 8 - 0 10. A. Fireworks Displays for DARE & July 4th Celebration Background: Two public fireworks displays are proposed: DARE Celebration and Independence Day. The Police Department hosts annually an end-of-school event for students from Derby elementary schools who participated in the Drug Abuse Resistance Education (DARE) Program. This year’s event will be held May 9, and the neighborhood will be notified. The City will sponsor the fireworks display in High Park as part of the community-wide Independence Day Celebration on Saturday, July 4. Financial/Sustainability Considerations: Funding for the DARE event ($1,500) is budgeted in the Special Alcohol Fund, which includes by state law, tax revenue from the sale of alcoholic liquor sold by a club, caterer, or drinking establishment. Funding for the July 4th event ($6,000) is derived from fireworks stand permit fees. 11 April 14, 2015 Page 7 of 11  Legal Considerations: The 2006 International Fire Code, adopted in Chapter 8.16 of the Municipal Code, requires City Council approval for a fireworks display to be held in the city limits. A certificate of liability insurance, a copy of the state-issued pyrotechnic operator license, and a map of the fall-out zone for each event have been provided to the Fire Chief. Recommend a Motion to: Approve the May 9 and July 4 public displays of fireworks at High Park. 10. C. First Amendment to Agreement for Farmers Market Background: On March 24, the City Council approved an agreement with Kansas Grown!, Inc. for a farmers market this summer in the Senior Center parking lot. Subsequently, Market Manager Trena Bradley informed the City that the hours for use of the space needed to begin at 4:30 a.m. instead of 6:00 a.m. to give her time to set up prior to vendors arriving. This amendment accomplishes only that one change to the recently adopted agreement. Recommend a Motion to: Authorize execution of the First Amendment to the Agreement for Farmers' Market. Kathy Sexton, City Manager, presented the Consent Agenda. Moved by Tom Haynes, seconded by Chuck Warren, to approve the Consent Agenda, as amended. Vote: 8 - 0 11. Amendment to Agreement with Waste Connection (Formerly item 10B) Background: In 2009, the City entered into an agreement with Waste Connections of Kansas, Inc. (WCI) for collection of residential refuse and recyclables. The agreement resulted in better service and lower costs for most Derby residents, as well as much higher participation in recycling. In 2011, the City agreed to the first amendment to the agreement to eliminate the fuel adjustment provision and extend the agreement for three 12 April 14, 2015 Page 8 of 11  years to 2019. In 2013, the City agreed to the second amendment to change from 45 to 30 days the time provided for customers to pay their quarterly bill before service is suspended and clarify that newly annexed residents can get their WCI bill credited for up to $30 for payment of a service cancellation fee to the previous refuse collector. The proposed Third Amendment would change the customer support call center hours from 7:30 a.m. to 6:00 p.m. Monday through Friday and 8:00 a.m. to noon on Saturday to 8:00 a.m. to 5:00 p.m. Monday through Friday and continue the same Saturday morning hours. The amendment is requested by WCI in an effort to improve customer service. A recent review of customer wait times and call volumes revealed two things: (1) relatively low call volume before 8:00 a.m. and after 5:00 p.m., and (2) longer wait times for callers between 8:00 and 5:00. Staff would be reassigned to the condensed hours in an effort to reduce wait times. This is not a cost-saving initiative. Legal Considerations: The parties may make such amendments to this agreement as they deem appropriate. Recommend a Motion to: Authorize execution of the Third Amendment to the Agreement for Collection of Residential Refuse and Recyclables with Waste Connections of Kansas, Inc. Council Member Warren asked Ms. Sexton if the fourth item to change the customer support call center hours from 7:30 a.m. to 6:00 p.m. Monday through Friday and 8:00 a.m. to noon on Saturday to 8:00 a.m. to 5:00 p.m. daily and 8:00 a.m. to noon on Saturday to improves customer service. We are going to lose a half hour on the front end and an hour on the back end. How does reducing the hours improve customer services? Were there no calls during that time, and what was the thinking behind that change? Kathy Sexton, City Manager, said we discussed this with Waste Connections. They assured her they reviewed their records and very few people call before 8:00 a.m. and after 5:00 p.m. They decided not to cut staffing, rather keep all their same staff and have them working when the computer told them when most people call and the wait time is longer. They could put more people on the phones during those heavy wait times. That is how they are trying to improve customer service. They want to focus on when people are actually calling and get the caller to a real person faster instead of waiting on hold. Council Member Warren asked how long is this agreement with Waste 13 April 14, 2015 Page 9 of 11  Connections. Ms. Sexton said this started out as a seven-year agreement, and the Council approved a three-year extension. We are in with Waste Connections until 2019. Council Member Warren asked if down the line we determine that we were missing calls, do we have the opportunity to change back to the original hours. Ms. Sexton said they are required to give us an annual report and provide us whatever data we ask for each year. She can start asking, perhaps in next year's annual report, for data from the call center so we could see how much it did improve. Council Member Warren said if complaints are received, we can find out where adjustments might be needed. Council Member Staats said he called Waste Connections two weeks ago requesting a bulky item be picked up. The wait time was expected to be ten minutes. He was able to push a button to leave a message, and a customer service representative called him back and scheduled the pick up. Moved by Chuck Warren, seconded by Tom Haynes, to approve the amendment to the contract, as presented. Vote: 8 - 0 12. ADJOURNMENT Council Member Downing said some of you know that he sold his house last week. It is his intent to resign from the Council around the 8th of May. He thanked the people sitting on this bench for tolerating him. He is not the most social or conversational person. He has enjoyed working with this group. We have not always agreed. He especially wants to thank the staff. Derby Kansas has the finest staff of any city in the state. We have a mix of people who have been here a while who have a good deal of experience. We have some young people who will be great administrators of City requirements. He hopes they will stay here and further improve Derby. He thanked all on the Council for a good two and a half years. He will miss many of the acquaintances he made on this bench. Mr. Downing exited the room. Moved by Tom Haynes, seconded by Chuck Warren, to adjourn the meeting at 8:11 p.m. Vote: 7 - 0 14 April 14, 2015 Page 10 of 11  Vote: 7 - 0 __________________________________ Randy White, Mayor ATTEST: ____________________________________ Karen Friend, City Clerk 15 April 14, 2015 Page 11 of 11 City Council Meeting 7. A. Meeting Date: 04/28/2015 Submitted By: Rebecca Likiardopoulos, Management Assistant Agenda Category: Presentation Subject: 2015 Arbor Day Proclamation Guests: Steve White, Assistant Public Works Director Background: The City's Arbor Day celebration will be held on April 30 at High Park from 6:00 to 8:00 PM. Attachments 2015 Arbor Day Proclamation 16  Of THE CITY OF DERBY, KANSAS Founded in 1869 WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and Arbor Day was then first observed by planting more than a million trees in Nebraska; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, beautify our community, and are a source of joy and spiritual renewal; and WHEREAS, Derby has been recognized as a Tree City USA by the National Arbor Day Foundation and desires to continue its tree-planting ways. NOW, THEREFORE, BE IT RESOLVED, that I, Randy White, Mayor of the City of Derby, Kansas, do hereby proclaim Thursday, April 30, 2015 as: ARBOR DAY in the City of Derby, Kansas. ___________________________________ Mayor, City of Derby 17 City Council Meeting 7. B. Meeting Date: 04/28/2015 Submitted By: Robert Lee, Police Chief Agenda Category: Presentation Subject: Proclamation Recognizing National Police Week Background: In 1962, President John F. Kennedy declared through proclamation that May 15th is Peace Officers Memorial Day and the week in which that date falls is National Police Week. National Police Week recognizes law enforcement officers killed in the line of duty for the safety and protection of others. In 2014, 127 police officers across the United States lost their lives in the line of duty. As a community, we can express thanks for the brave men and women of law enforcement, who at the risk of great personal injury or death, strive to reduce crime, help victims of crime and maintain public order. Attachments Police Week Proclamation 18  Of THE CITY OF DERBY, KANSAS Founded in 1869 WHEREAS, the Congress and President of the United States have designated May 15 as Peace Officers Memorial Day, and the week in which it falls as Police Week; and WHEREAS, the members of the Derby Police Department play an essential role in safeguarding the rights and freedoms of the citizen of Derby; and WHEREAS, citizens should know that members of our police department recognize their duty to serve the people by safeguarding life and property, protecting against violence or disorder, and protecting the innocent against deception and the weak against oppression or intimidation; and WHEREAS, the Derby Police Department has grown to be a modern law enforcement agency which provides a vital public service; NOW THEREFORE, BE IT RESOLVED, that I, Randy White, Mayor of the City of Derby, do hereby proclaim the week of May 10th through May 16th as National Police Week in the City of Derby, Kansas and urge all citizens to join in this observance. Mayor, City of Derby 19 City Council Meeting 8. A. Meeting Date: 04/28/2015 Submitted By: Robert Lee, Police Chief Agenda Category: Presentation Subject: Derby Police Department Beat Teams Background: The "Beat Team" concept was implemented in Derby in 2010. It requires that all officers who regularly work a particular beat identify problems and formulate the appropriate solutions to problems occurring on their beat. The purpose of the beat teams is to promote ownership by beat team members of challenges that include crime, traffic safety, neighborhood disputes and quality of life issues. Beat team members include beat officers, School Resource Officers, Master Police Officers and detectives. They formally meet at regularly scheduled times to address concerns as a team. Citizens can speak with beat team leaders by calling 788-1557, email or by completing the online beat team notification form. Beat team members are available to speak at community meetings regarding crime and quality of life issues for specific neighborhoods. Beat teams are a great resource for homeowners associations, citizens, business leaders, civic organizations, schools, churches and the entire community. Attachments Police Department Beat Teams 20  4/17/2015 Derby Police Department Beat Teams “ENHANCING PUBLIC SAFETY THROUGH PROBLEM SOLVING” Purpose  Beat teams are designed to allow all officers who regularly work a particular beat to identify crime trends and quality of life issues that affect that area of the city.  It promotes ownership of beat challenges by all officers.  Beat team members identify the issues and also formulate the solutions to the problems.  Officers are responsible for involving citizens in the analysis phase of problem solving. 21 1  4/17/2015 Beat Team Members Beat Detectives Supervisor Officers SRO’s Citizens Problem Solving Process  SARA Model  Scanning  Analysis  Response  Assessment 22 2  4/17/2015 Challenges Addressed By Beat Teams  Crime  Traffic Complaints  Neighborhood disputes  Quality of life issues Beats 23 3  4/17/2015 Who Benefits From Beat Teams?  Citizens  Business owners  Schools  Churches  Homeowners Associations  Neighborhood Watch  Civic organizations  The entire Derby community  The Derby Police Department How to Contact Your Beat Team  Beat team leaders are identified on Derbyweb.com/police. Both email and phone numbers are available.  Beat team members are available to meet with citizens and the business community.  Call 788-1557 to discuss the program or request a beat team member to speak to your group.  You can also make the beat team aware of concerns in your neighborhood by completing the online form at http://bit.ly/contactbeatofficer 24 4 City Council Meeting 9. A. Meeting Date: 04/28/2015 Submitted By: Jean Epperson, Director of Finance Agenda Category: New Business Subject: Public Hearing & Ordinance Levying Special Assessments Background: At the March 24th City Council meeting, the assessment roll was approved, calling for specific special assessment amounts to be spread against properties in three subdivisions in the city. The public hearing presents the opportunity for affected property owners to appear before the Council to clarify any uncertainties regarding the assessments. All affected property owners have been notified by mail as to the nature and amounts of the assessments, per state law. Project costs to be assessed consist of the following infrastructure improvements: Farborough Estates - Street paving Oakridge Estates/Hila Addition - Street paving Riverview Addiition - Waterline and sidewalk Property owners have until noon on June 5th to pay the assessment in full with no interest and eliminate the need for the specials to go on the tax roll. If property owners choose not to pay the assessment prior to the pay-in deadline, the special assessments will appear on the tax statements mailed to property owners by the County in November 2015 and will be due in tax year 2015 (1/2 due on or before December 20, 2015; 1/2 due on or before May 20 2016). Financial/Sustainability Considerations: The total project costs to be assessed are approximately $282,000. The city-at-large costs are included in the above project costs of 50% for the sidewalk and water line to serve the Riverview Addition and 35% of the street improvements. The amount of interest will be estimated based upon the rate that the City will pay for general obligation bonds to be issued this fall. 25 Legal Considerations: The legal work for this process is being performed by the City's bond counsel, Joe L. Norton of Gilmore & Bell. Mr. Norton and his staff worked with City staff to determine the timeframes and are preparing the necessary legal paperwork, in strict adherence to state law, which governs the special assessment process. The job of calculating the final costs, notifying and mailing notices to property owners, and spreading of specials is a combined effort of city staff and the City's financial advisor, Greg Vahrenberg of Piper Jaffray & Company and Charley Young of the the Public Finance Group. Policy Considerations: The various steps taken to complete the process of permanent financing of these projects are in compliance with existing city policy and state statutes. Recommend a Motion to: Adopt an ordinance levying special assessments on certain property to pay the costs of internal improvements as authorized by the resolutions noted in the ordinance and providing for collection of such special assessments. Attachments Special assessment ordinance 26  Gilmore & Bell, P.C. 04/08/2015 ORDINANCE NO. ____ AN ORDINANCE LEVYING SPECIAL ASSESSMENTS ON CERTAIN PROPERTY TO PAY THE COSTS OF INTERNAL IMPROVEMENTS IN THE CITY OF DERBY, KANSAS, AS HERETOFORE AUTHORIZED BY RESOLUTION NOS. 33-2014, 57-2014, 45-2013 AND 46-2013; AND PROVIDING FOR THE COLLECTION OF SUCH SPECIAL ASSESSMENTS. WHEREAS, the City Council of the City of Derby, Kansas (the "City") has heretofore authorized certain internal improvements (the "Improvements") to be constructed pursuant to K.S.A. 12-6a01 et seq. (the "Act"); and WHEREAS, the City Council has heretofore conducted a public hearing in accordance with the Act and desires to levy assessments on certain property benefited by the construction of the Improvements. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF DERBY, KANSAS: SECTION 1. Levy of Assessments. For the purpose of paying the costs of the following described Improvements: Project No. 1 – Riverview Addition - Sidewalk Improvements Resolution No. 33-2014 Construct a sidewalk along the west side of Woodlawn from the south property line of said property to Kay Street, in accordance with City of Derby Standards; Project No. 2 – Riverview Addition - Water Line Improvements Resolution No. 57-2014 Construct a 6” water line extension to serve Lot 15, Block 2, along with Vacated K-15 Highway (Film 1620, Page 1719), Riverview Addition to the City of Derby, Sedgwick County, Kansas, in accordance with City of Derby Standards; Project No. 3 – Farborough Estates Addition - Street Improvements Resolution No. 45-2013 Construct street improvements on Madapalla Court and Krista Lane to serve Lots 1 through 7, inclusive, Block A; Lots 1 through 4, inclusive, Block B; Lots 1 through 6, inclusive, Block C; and Lots 1 through 5, inclusive, Block D, Farborough Estates Addition to the City of Derby, Sedgwick County, Kansas, consisting of 10” cement stabilized base with chip seal surfacing, in accordance with City of Derby Standards; and Project No. 4 – Oak Ridge Estates Addition and Adjoining Parcels - Street Improvements Resolution No. 46-2013 Construct street improvements on Hila Street, Sharon Drive and Springdale Street, such improvements consisting of 10” cement stabilized base with chip seal surfacing, in accordance with the City of Derby Standards; there are hereby levied and assessed the amounts (with such clerical or administrative amendments thereto as may be approved by the City Attorney) against the property described on Exhibits A-1 through A-4 attached hereto. JLN\600183.70277\ASSESSMENTS PHASE II (04-08-15) 27 A-3-1  SECTION 2. Payment of Assessments. The amounts so levied and assessed in Section 1 of this Ordinance shall be due and payable from and after the date of publication of this Ordinance. Such amounts may be paid in whole or in part on or before 12:00 noon on June 5, 2015. SECTION 3. Notification. The City Clerk shall notify the owners of the properties described in Exhibits A-1 through A-4 attached hereto insofar as known to said City Clerk, of the amounts of their respective assessments; and, said notice shall further state that unless such assessments are paid on or before 12:00 noon on June 5, 2015, bonds will be issued therefor, and the amount of such assessment will be collected in installments with interest. SECTION 4. Certification. Any amount of special assessments not paid within the time prescribed in Section 2 hereof shall be certified by the City Clerk to the Clerk of Sedgwick County, Kansas, in the same manner and at the same time as other taxes are certified and will be collected in annual installments, together with interest on such amounts at a rate not exceeding the maximum rate therefor as prescribed by the Act, as set forth as follows: Resolution No. Years of Assessments 33-2014 10 57-2014 15 45-2013 10 46-2013 10 Interest on the assessed amount remaining unpaid between the effective date of this Ordinance and the date the first installment is payable, but not less than the amount of interest due during the coming year on any outstanding bonds issued to finance the Improvements, shall be added to the first installment. The interest for one year on all unpaid installments shall be added to each subsequent installment until paid. SECTION 5. Effective Date. This Ordinance shall take effect and be in force from and after its passage, approval and publication once in the official City newspaper. PASSED by the governing body of the City on April 28, 2015 and signed and APPROVED by the Mayor. (SEAL) Mayor ATTEST: City Clerk JLN\600183.70277\ASSESSMENTS PHASE II (04-08-15) 28 A-3-2  EXHIBIT A-1 CITY OF DERBY, KANSAS RIVERVIEW ADDITION – SIDEWALK IMPROVEMENTS RESOLUTION NO. 33-2014 Legal Description Amount Lot 15, Block 2, along with Vacated K-15 Highway (Film $17,968.17 1620, Page 1719), Riverview Addition to the City of Derby, Sedgwick County, Kansas EXHIBIT A-2 CITY OF DERBY, KANSAS RIVERVIEW ADDITION – WATER LINE IMPROVEMENTS RESOLUTION NO. 57-2014 Legal Description Amount Lot 15, Block 2, along with Vacated K-15 Highway (Film $17,419.10 1620, Page 1719), Riverview Addition to the City of Derby, Sedgwick County, Kansas EXHIBIT A-3 CITY OF DERBY, KANSAS FARBOROUGH ESTATES ADDITION – STREET IMPROVEMENTS RESOLUTION NO. 45-2013 Legal Description Amount Farborough Estates Addition to the City of Derby, Sedgwick County, Kansas: Lot 1, Block A $ 2,800.17 Lot 2, Block A 2,800.17 Lot 3, Block A 2,800.17 Lot 4, Block A 2,800.17 Lot 5, Block A 2,800.17 Lot 6, Block A 2,800.17 Lot 7, Block A 2,800.17 Lot 1, Block B 2,800.17 Lot 2, Block B 2,800.17 Lot 3, Block B 2,800.17 Lot 4, Block B 2,800.17 Lot 1, Block C 2,800.17 Lot 2, Block C 2,800.17 Lot 3, Block C 2,800.17 Lot 4, Block C 2,800.17 Lot 5, Block C 2,800.17 Lot 6, Block C 2,800.17 Lot 1, Block D 2,800.17 Lot 2, Block D 2,800.17 Lot 3, Block D 2,800.17 Lot 4, Block D 2,800.17 Lot 5, Block D 2,800.17 TOTAL $61,603.74 JLN\600183.70277\ASSESSMENTS PHASE II (04-08-15) 29 A-3-3  EXHIBIT A-4 CITY OF DERBY, KANSAS OAK RIDGE ESTATES ADDITION AND ADJOINING PARCELS – STREET IMPROVEMENTS RESOLUTION NO. 46-2013 Legal Description Amount Parcel 1 Begin at the SW cor. of the SE/4 of the SW/4; th. E 164’; th. N 220’; $2,480.47 th. W 267.54’; th. SE 221.32’ to the S line; th. E 62’ to begin EXC the E 30’ for street & EXC road on S; 7-29-2E Parcel 2 Begin 220’ N of the SE cor. of the W 5 acres of the SE/4 of the SW/4; 2,480.47 th. N 150.7’; th. W 295.99’; th. SE 151.6’ to a point W of begin; th. E 267.5’ to begin EXC the E 30’ for street, 7-29-2E Parcel 3 Begin 370.7’ N of the SE cor. of the W 5 acres of the SE/4 of the 2,480.47 SW/4; th. N 125’; th. W to the creek; th. SW along the creek 20’; th. SE to a point W of begin; th. E 295.99’ to begin EXC the E 30’ for street, 7-29-2E Parcel 4 Begin 495.7’ N of the SE cor. of the W 5 acres of the SE/4 of the 2,480.46 SW/4; th. N 125’; th. W 402.33’; th. Swly to the center of spring creek; th. Ely & Sly along the creek to a point 495.7’ N of the S line of said W 5 acres; th. E to begin EXC the E the E 30’ for street, 7-29-2E Parcel 5 Begin 620.7’ N of the SE cor. of the W 5 acres of the SE/4 of the 2,480.46 SW/4; th. N 125’; th. W 321.47’; th. SW to a point W of begin; th. E 402.33’ to begin EXC the E the E 30’ for street, 7-29-2E Parcel 6 Begin 745.7’ N of the SE cor. of the W 5 acres of the SE/4 of the 2,480.46 SW/4; th. N 249’; th. W 30’; th. Nwly 115’; th. SW 337.73’; th. E 321.47’ to begin EXC Nly & Ely 30’ for street, 7-29-2E Parcel 7 Commencing 994.7’ N of the SE cor. of the W 5 acres of the SE/4 of 2,480.46 the SW/4; th. W 30’; th. NW along a curve 115’ to a point of begin; th. NW along a curve 70.62’; th. NW 120’; th. SW 200’ more or less to a creek; th. Sly along the creek to a point SW of begin; th. NE 550’ more or less to begin EXC Nely 30’ for road, 7-29-2E Parcel 8 Commencing 994.7’ N of the SE cor. of the W 5 acres of the SE/4 of 2,480.46 the SW/4; th. W 30’; th. NW along a curve 185.62’; th. NW 120’ to a point of begin; th. Nly along a curve 172.53’; th. Wly 30’; th. SW 285’ more or less to a creek; th. Sly along the creek to a point SW of begin; th. NE 200’ more or less to begin EXC Ely 30’ for road, 7-29-2E Parcel 9 Commencing 994.7’ N of the SE cor. of the W 5 acres of the SE/4 of 2,480.46 the SW/4; th. W 30’; th. NW along a curve 185.62’; th. NW 120’; th. NW along a curve 172.53’ for begin; th. NW 40’; th. Nwly to a creek; th. Sly along the creek to a point SW of begin; th. NE 285’; th. E 30’ to begin EXC part for cul-de-sac, 7-29-2E Parcel 10 Commencing 994.7’ N of the SE cor. of the W 5 acres of the SE/4 of 2,480.46 the SW/4; th. W 30’; NW along a curve 185.62’; th. NW 120’; th. NW along a curve 172.53’; th. NW 40’ to a point of begin; th. NE 80.8’; th. NW 6’; th. NE 63’; th. SE 6’; th. NE 166.2’ to a creek; th. Swly along the creek 340’ more or less; th. SE 270’ to begin EXC part for cul-de- sac, 7-29-2E JLN\600183.70277\ASSESSMENTS PHASE II (04-08-15) 30  Parcel 11 Commencing 1024.7’ N of the SE cor. of the W 5 acres of the SE/4 of 2,480.46 the SW/4; th. W 30’; th. Wly along a curve 157.95’; th. NW 120’; th. Nwly along a curve 157.95’ for begin; th. W 30’; th. Nly 40’; th. NE 80.8’; th. NW 6’; th. NE 63’; th. SE 6’; th. NE to the center of a creek; th. Ely to the E line of the W/2 of the SW/4; th. S to the center of SW/4; th. W to begin EXC part for cul-de-sac, 7-29-2E Parcel 12 Begin 994.7’ N of the SE cor. of the W 5 acres of the SE/4 of the 2,480.46 SW/4; th. W 30’; th .Wly along a curve 185.62’; th. NW 120’; th. Nwly 172.53’; th. Ely 30’; th. E 140’ to the center of the SW/4; th. E 164’ to the NE cor. of the W 5 acres of the SE/4 of the SW/4; th. S 363.05’ to begin EXC part deeded for Hila St. & EXC part platted as Oak Ridge Estates, 7-29-2E Parcel 13 Lot 2, Block 1, Oak Ridge Estates Addition 2,480.46 Parcel 14 Lot 3, Block 1, Oak Ridge Estates Addition 2,480.46 Parcel 15 Lot 4, Block 1, Oak Ridge Estates Addition 2,480.46 Parcel 16 Lot 5, Block 1, Oak Ridge Estates Addition 2,480.46 Parcel 17 Lot 1, Block 2, Oak Ridge Estates Addition 2,480.46 Parcel 18 Lot 2, Block 2, Oak Ridge Estates Addition 2,480.46 Parcel 19 Lot 3, Block 2, Oak Ridge Estates Addition 2,480.46 Parcel 20 Lot 4, Block 2, Oak Ridge Estates Addition 2,480.46 Parcel 21 Lot 5, Block 2, Oak Ridge Estates Addition 2,480.46 Parcel 22 Lot 6, Block 2, Oak Ridge Estates Addition 2,480.46 Parcel 23 Lot 7, Block 2, Oak Ridge Estates Addition 2,480.46 Parcel 24 Lot 8, Block 2, Oak Ridge Estates Addition 2,480.46 Parcel 25 Lot 9, Block 2, Oak Ridge Estates Addition 2,480.46 Parcel 26 Lot 1, Block 3, Oak Ridge Estates Addition 2,480.46 Parcel 27 Lot 2, Block 3, Oak Ridge Estates Addition 2,480.46 Parcel 28 Lot 3, Block 3, Oak Ridge Estates Addition 2,480.46 Parcel 29 Lot 4 & the N 7’ of Lot 5, Block 3, Oak Ridge Estates Addition 2,480.46 Parcel 30 Lot 5 EXC the N 7’ thereof, Block 3, Oak Ridge Estates Addition 2,480.46 Parcel 31 Lot 6, Block 3, Oak Ridge Estates Addition 2,480.46 TOTAL $76,894.29 JLN\600183.70277\ASSESSMENTS PHASE II (04-08-15) 31 City Council Meeting 9. B. Meeting Date: 04/28/2015 Submitted For: Randy White, Mayor Submitted By: Rebecca Likiardopoulos, Management Assistant Agenda Category: New Business Subject: 2015 Board, Commission and WAMPO Appointments Background: Several months ago, the City advertised to the community the opportunity to volunteer to serve on various City advisory boards and commissions. Applications were due April 13. Twenty-six applications were received. Two additional appointments to the Board of Zoning Appeals will be made at a future City Council meeting. Interviews are pending and applications are still being accepted. An appointment to the Derby Recreation Commission will be made in August since that board term begins in September. Interviews are pending, and applications are still being accepted. The Mayor’s recommended appointments are as follows: ADA Board Timothy Davidson (Reappoint) Tom Muskus (Reappoint) Daniel Fenn (Appoint) Construction Trades & Appeals Board Michael Beck (Reappoint) Wayne Bowman (Reappoint) Library Board Larry Oates (Reappoint) Betty Wilken (Appoint) Senior Services Board Gerald Brownlee (Reappoint) Thomas Davidson Jr. (Reappoint) Duane Day (Reappoint) Kay Morgan (Appoint) Community Development Advisory Board Jason Wojteczko (Reappoint) 32 Dwayne Gentry (Reappoint) Dale Smith (Reappoint) Parks & Urban Forestry Board Richard Dame (Reappoint) David Foster (Reappoint) David Peebler (Reappoint) Jason Griffin (Reappoint) Planning Commission Jessica Rhein (Reappoint) Tom Keil (Reappoint) Paula Langworthy (Appoint) Ed Sheldon (Appoint) Board of Zoning Appeals Jessica Rhein (Appoint) Applications of new appointees are attached for reference. Recognition of those people retiring from service on the various City boards and commissions is planned for the City Council meeting on May 12, 2015 . Appointment of Representative to WAMPO The City of Derby is a member of the Wichita Area Metropolitan Planning Organization (WAMPO), which is responsible for cooperative transportation planning for the greater metro area. Our participation makes possible the receipt of federal transportation funding for occasional projects. The City's representative to WAMPO's governing body, the Transportation Policy Body (TPB), has been Council Member Darrell Downing. Since Mr. Downing has announced his resignation from the Council, the City needs a new representative. Mayor White's nomination is Jack Hezlep. Legal Considerations: Appointments are made by the Mayor with the consent of the Council pursuant to the following ordinances and statutes: Americans with Disabilities Act Board – City Code 2.16.280 Board of Construction, Trades and Appeals – City Code 15.08.010 Community Development Board – Ordinance 2186 Library Board – K.S.A. 12-1222 Ordinance Review Advisory Board – City Code 2.16.230 Parks & Urban Forestry Board – City Code 2.16.120 Planning Commission – City Code 2.16.030 Board of Zoning Appeals – City Zoning Regulations §1001 Recommend a Motion to: 33 Recommend a Motion to: Approve the Mayor’s reappointments and appointments to Derby Boards and Commissions and designate Jack Hezlep as the Voting Representative to WAMPO. Attachments 2015 Board Applications 34 35 36 37 38 39 40 41 42 43 44 45 46 47 City Council Meeting 9. C. Meeting Date: 04/28/2015 Submitted For: Kathy Sexton, City Manager Submitted By: Rebecca Likiardopoulos, Management Assistant Agenda Category: New Business Subject: Summary of Community Forum "Listening to Derby" Background: On April 23, 2015, the City hosted its fourth annual Listening to Derby: A Community Forum to hear questions, concerns, and opinions from residents on issues affecting the city or issues before the Council. The evening was focused on three topics: Charlie Brown, P.E., consulting engineer with PEC, presented several recommendations from PEC's draft West End Development Plan. Facilitated table discussion occurred with residents and City Council members. Kathy Sexton, City Manager, shared comments heard recently from Derby ministers about the shrinking middle class, the need for safe shelter for victims of domestic violence and the need for more conversation about whether Derby churches should work together to improve social services available to Derby residents and whether the City government should play a role. Dan Squires, P.E., City Engineer, reviewed highlights of the upcoming project to widen Madison Avenue east of Derby High School to High Park. Thanks to The Derby Informer, the event was well publicized and attended. Those who could not attend were encouraged to send comments via email, and so far five people have done so. Those who attended also provided written comments about various topics before leaving the Forum. Due to the timing of the event on Thursday evening and the earlier deadline for the agenda packet, a summary of the main points of concern to residents during the Forum and a compilation of written comments are not available to include in this report as has been done in the past. Instead, a summary will be provided at the City Council meeting and will be emailed out to City Council members in advance of the meeting (late Monday). Recommend a Motion to: Receive and file the report. Direct staff to take such action as the Council deems appropriate. 48 City Council Meeting 9. D. Meeting Date: 04/28/2015 Submitted For: Kathy Sexton, City Manager Submitted By: Jenny Turner, Human Resources Director Agenda Category: New Business Subject: Addition of 3 Part-Time Firefighter Positions and an Assistant to the City Manager Background: In 2006, the City Council approved a new pay matrix that provided market-competitive pay ranges for all City positions. Since then, updates to the pay matrix have been approved by the Council as needed due to changes in the organizational structure and when adjustments are needed to attract and retain qualified employees. On August 29, 2014, the Assistant City Manager resigned to pursue other opportunities. At the November 25, 2014 meeting, the City Council approved changes to the pay matrix which included addition of an Assistant City Attorney position, which was made possible financially due to holding open the Assistant City Manager position and was necessary due to an increased workload for legal matters. At this meeting, the Council was informed that a project manager position would likely be proposed in 2015 to work on projects of importance to the city and handle some administrative duties, essentially replacing the Assistant City Manager position. On February 2, 2015, the attorney position was filled as a part-time position working no more than 19 hours per week. Now, the proposed Assistant to the City Manager position is recommended to fill the role envisioned for a project manager. The recommended title is more common in municipalities and more likely to attract qualified candidates. Our research revealed that use of the project manager title is most common in construction and information technology fields. Because of this finding, use of this title would likely attract candidates with higher salary expectations and specific rather than general experience. This position will manage various projects on the Council's priority list and perform administrative duties currently performed by the City Manager and Management Assistant or not currently getting done. Addition of three part-time Firefighter positions will provide additional firefighters to help cover for sickness, planned vacations, and other absences that may otherwise require overtime hours. These positions will not require any additional wages for 2015, as they will be paid from the budget already approved by the Council and will work dates and 49  paid from the budget already approved by the Council and will work dates and times when other part-time firefighters are unable to work. Part-time firefighters have other full-time jobs elsewhere, making them available only for very limited hours each month. Having three additional part-timers available will reduce reliance on overtime hours by full-time firefighters. Financial/Sustainability Considerations: No funding is requested for firefighter wages. The cost for advertising, physicals, background checks, and drug screens for three new Part-time Firefighters is approximately $918, which will be covered by the current budget. The starting annual salary for an Assistant to the City Manager position is $40,269, plus up to $24,258 in benefits for a total of $64,527. Eliminating the former Assistant City Manager (ACM) position resulted in a savings to the 2015 budget of $125,878 (salary and benefits). Adding the PT Assistant City Attorney added costs to the 2015 budget totaling $43,798 (annualized; since he didn't work in January, the actual amount will be slightly less). Since this new Assistant to the City Manager position would cost $64,527 (annualized), having these two people (1.5 FTE) on board instead of the ACM position would result in savings of $17,553. Since the new Assistant position will work only about half the year, actual savings in year one will be more than this amount. Legal Considerations: Pursuant to Charter Ordinance 48, responsibility for setting compensation for City employees rests with the City Council. The Council may establish pay ranges for specific positions or classes of positions which enable the City to attract and retain qualified employees. Policy Considerations: Authorizing the recommended positions will help ensure that the City is able to keep up with the increasing demands of a growing city. Recommend a Motion to: Adopt the updated pay matrix as presented and increase the City's position count to reflect the added positions. Attachments Pay Matrix 50 51 52 City Council Meeting 10. A. Meeting Date: 04/28/2015 Submitted By: Dan Squires, City Engineer Agenda Category: Consent Subject: Project Agreement for Nelson Dr. Re-alignment at Meadowlark Blvd. Background: The City's Capital Improvement Plan (CIP) includes a project to re-align Nelson Dr. at Meadowlark Blvd. The project was incorporated into the CIP as the result of a traffic engineering study of the Nelson Dr. corridor that made recommendations for improvement at several intersections. The project has been awarded $800,000 in funding administered by the Kansas Department of Transportation (KDOT) and is scheduled for construction to begin late in 2015. In order to access the funding, the City must contract with KDOT for administration of the project, which must be designed and constructed in accordance with KDOT standards and policies. The agreement with KDOT outlines the responsibilities of each party and is substantially similar to past agreements the City has had with KDOT. Financial/Sustainability Considerations: 90% of eligible construction and construction engineering (inspection) costs will be paid by KDOT up to a maximum of $800,000. The anticipated construction and inspection cost for the project is $1,400,000. The local share is estimated at $600,000. The KDOT portion of the estimated cost is $800,000. The City is responsible for 100% of construction and inspection costs that exceed $800,000. The City is also responsible for the cost of preliminary engineering (design) and land acquisition. Funding for the City's portion of the project costs is programmed in the CIP and will be paid by issuance of General Obligation Bonds. 53 Legal Considerations: The agreement includes standard KDOT language describing the parties' respective responsibilities for the project. A concurrence of award will be presented for Council consideration after KDOT bids the project. The City and the State are authorized to enter into agreements necessary to obtain state-administered financial aid for construction of public improvements. Recommend a Motion to: Adopt a resolution and authorize the Mayor to sign the agreement with KDOT for the re-alignment of Nelson Dr. at Meadowlark Blvd. (KDOT Project No. 87 U-0164-01). Attachments KDOT agreement 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 City Council Meeting 10. B. Meeting Date: 04/28/2015 Submitted By: Robert Mendoza, Director of Public Works Agenda Category: Consent Subject: Madison Avenue Central Park Soil Excavation Change Order Background: A building addition and outdoor patio space is under construction on the North side of the Venue. Excavation of one foot of soil was planned to prepare this area for construction. After excavation began, material tests showed that the soil was not suitable for compaction. Allied Labs determined that the area lacked compaction and was unsuitable for construction. Another foot would need to be excavated, replaced with engineered soils and compacted. The additional work area is 132’x52’ and would remove 6,864 cubic feet of soil. On April 10, National Builders dug a test hole to determine the extent of the problem and found that the unstable soil was 8' deep. While digging the test hole, construction debris and building materials from prior construction activity was discovered. The conclusion of the soil investigation is that the area was simply back-filled and not compacted. On April 13, staff received an estimate of $26,000 to complete the work. Allied Labs was called back to the site on April 14 and 15 to review the findings and monitor the dig. An additional area 65'x45'x8' deep was removed, totaling 23,400 cubic feet. The total volume of material excavated is 30,264 cubic feet. Financial/Sustainability Considerations: The contract fee is $1.00 per cubic foot to remove, replace and compact the soil to meet the engineer's requirements. The cost of the additional excavation work is $30,264, which is available in the project budget. Discovering something of this nature is not unusual when excavating. Under the authority of the purchasing policy, the City Manager authorized the expense on April 13 due to the time-sensitive nature of the work and the potential additional cost of delay. Recommend a Motion to: Receive and file the report. 72 City Council Meeting 10. C. Meeting Date: 04/28/2015 Submitted By: Rebecca Likiardopoulos, Management Assistant Agenda Category: Consent Subject: Anonymous Donation to Derby Fire and Rescue Background: Occasionally individuals or companies make donations to the City or one of its departments. Individuals giving donations may choose formal recognition or anonymity. The City recently received a donation of $2500 from a donor who wishes to remain anonymous. The donor requests the money be used for supplies and equipment. It is the City’s practice to acknowledge every donation made to the City with a letter of appreciation and inclusion on the City Council’s agenda. Generally, anonymous donations are placed on the consent agenda. Legal Considerations: The City may accept donations made either with or without restrictions or with restrictions that do not violate public policy. Recommend a Motion to: Express the appreciation of the City for the donation. 73 City Council Meeting 10. D. Meeting Date: 04/28/2015 Submitted By: Karen Friend, City Clerk Agenda Category: Consent Subject: Annual Revision of Derby City Code Background: Pursuant to Ordinance 2219 adopted by the Council, staff contracted with Municipal Code Corporation to prepare a comprehensive supplement updating the Derby Municipal Code. Passage of the proposed ordinance is necessary to adopt the new code; adoption does not change the substance of the ordinances already in force. The city code is available on the City's website and viewed by stakeholders of the city, so it is important to keep it current. Legal Considerations: The City's code should be kept current to provide easy access to all ordinances of general application. Adoption of the new code repeals all ordinances of general application unless they are included in the new code or expressly excepted from repeal. Charter ordinances, bond ordinances and other special purpose ordinances remain valid and are unaffected by adoption of the new code. Recommend a Motion to: Adopt an ordinance providing for recodification and supplementation of the Derby Municipal Code to incorporate all ordinances of general application effective on or before December 31, 2014. Attachments 2015 Code Adoption 74  Passed: Published: Ordinance No. ______ AN ORDINANCE PROVIDING FOR RECODIFICATION OF THE DERBY MUNICIPAL CODE; PROVIDING GENERALLY FOR THE REPEAL OF CERTAIN OTHER ORDINANCES OF THE CITY NOT INCLUDED IN SUCH CODE; EXCEPTING SPECIAL AND CERTAIN GENERAL ORDINANCES OF THE CITY FROM REPEAL; SAVING RIGHTS, DUTIES, FORFEITURES AND PENALTIES; AND PROVIDING RULES FOR CONSTRUCTION THEREOF. WHEREAS, the Governing Body of the City of Derby, Kansas has heretofore authorized codification and revision of the general ordinances of the City of Derby, Kansas, and the publication of such codification and revision in loose-leaf book form, all pursuant to K.S.A. 12- 3014 and 12-3015, and such codification and revision has been made in accordance with said statutes; NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF DERBY, KANSAS: SECTION 1. There is hereby adopted, pursuant to K.S.A. 12-3014 and 12-3015 and amendments thereto and as heretofore authorized by ordinance, a certain code entitled "Derby Municipal Code," containing certain ordinances of a general and permanent nature, compiled, consolidated, revised, and catalogued as Titles 1 through 17, including certain titles reserved for future use, of which code not less than three copies shall be kept on file by the city clerk with the ordinance books of the City. SECTION 2. The provisions of said code shall be in force from and after April 29, 2015, and after publication of this ordinance in the official newspaper. All ordinances of a general and permanent nature in force on December 31, 2014, and not contained in said code are hereby repealed from and after the effective date of this ordinance; provided, that this ordinance shall not be construed to repeal, and otherwise shall have no effect on, ordinances of the City which became or become effective on or after January 1, 2015. SECTION 3. In construing this Ordinance, the following classes of ordinances shall not be considered or held to have been repealed hereby: (a) Ordinances pertaining to the acquisition of property or interests in property by gift, purchase, devise, bequest, appropriation or condemnation; (b) Ordinances specifying the corporate boundaries of the City; (c) Ordinances opening, dedicating, widening, vacating or narrowing streets, avenues, alleys or boulevards; 75  042815 Code Supp Adoption (d) Ordinances establishing or changing grades of streets, avenues, alleys or boulevards; (e) Ordinances naming or changing the names of streets, avenues or boulevards; and Ordinances designating main trafficways or major trafficways; (f) Ordinances authorizing or directing public improvements to be made; (g) Ordinances creating districts for public improvements of whatever kind or nature; (h) Ordinances levying general taxes; (i) Ordinances levying special assessments or taxes; (j) Ordinances granting any rights, privileges, easements or franchises to any person, firm or corporation; (k) Ordinances authorizing the issuance of bonds or other instruments of indebtedness by the City; (1) Ordinances relating to zoning; (m) Ordinances authorizing contracts; (n) Ordinances pertaining to annexation, vacation, or exclusion of territory; and (o) Ordinances relating to compensation of officials, officers and employees of the City; (p) Ordinances creating or authorizing creation of a lien upon insurance proceeds; and (q) Charter ordinances; provided; that the enumeration of exceptions shall not be held or deemed to be exclusive, it being the purpose and intention to exempt from repeal any and all ordinances not of a general nature, and general ordinances specifically excepted by this action. SECTION 4. The arrangement and classification of the several titles, chapters, articles and sections of the code adopted by Section 1 of this ordinance, and any headnotes and footnotes at the end of sections, are made for the purpose of convenience and orderly arrangement, and do not constitute a part of the ordinances, and no implication or presumption of legislative intent or construction is to be drawn therefrom. SECTION 5. The repeal of ordinances as provided in Section 2 hereof, shall not affect or invalidate any rights acquired, fines, penalties, forfeitures or other liabilities incurred 2 76  042815 Code Supp Adoption thereunder, or to limit initiation or prosecution of actions involving any of the provisions of said ordinances or parts thereof, and arising out of acts or omissions occurring prior to such repeal. SECTION 6. If for any reason any chapter, article, section, subsection, sentence, portion or part of the Derby Municipal Code, or the application thereof to any person or circumstances, is declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of the Code. SECTION 7. Any and all ordinances adopting earlier editions of this Code are hereby repealed. SECTION 8. One copy of the Derby Municipal Code shall be kept on file with other City ordinance books and not less than three copies of such Code in book form shall be maintained in the office of the city clerk. All such Codes shall be certified by the City Clerk to be true and correct. SECTION 9. This ordinance shall be in force and effect from and after its publication in the official newspaper. PASSED BY THE GOVERNING BODY this _____ day of _________, 2015. Randy White, Mayor ATTEST: Karen Friend, City Clerk Approved as to form; Jacqueline R. Butler, City Attorney 3 77