City of Arkansas City Board of City Commissioners

Transcription

1 City of Arkansas City Board of City Commissioners Agenda Regular Meeting Tuesday, October 4, 5:30 PM Commission Room, City Hall 118 W. Central Ave. Arkansas City, KS I. Routine Business 1. Roll Call 2. Opening Prayer and Pledge of Allegiance 3. Additions or Deletions to the Agenda (Voice Vote) 4. Approval of the Agenda (Voice Vote) 5. Recognition of Visitors II. Comments from the Audience for Items Not on the Agenda Each speaker will state his or her name and address before making any comments. Each speaker will have three (3) minutes to present his or her comments. Comments or questions will be directed only to the City Commission. Debate or argument between parties in the audience will not be allowed. Repeated reiterations by speakers will not be allowed. Violations of comment procedure will result in being directed to cease speaking or resume sitting. III. Awards and Proclamations 1. Proclaim October 9 th to October 15 th as Fire Prevention Week in Arkansas City. IV. Consent Agenda (Voice Vote) 1. Approve the September 20, 2016 regular meeting minutes as written. 2. Ratify Mayor Duane Oestmann s appointments of Dennis Rittle to the Outstanding Young Student Award Committee and Tammy Lanman-Henderson to the Equal Opportunity and Accessibility Advisory Board. V. Old Business VI. New Business 1. Consider first reading of an Ordinance exempting the application of K.S.A (c) to allow the consumption of alcoholic liquor at a designated area of Wilson park during the Arkalalah concert on October 28, 2016 between the hours of 6:00 p.m. and midnight. (Roll Call Vote) 2. Consider a Resolution authorizing Addendum No. 1 to the contract agreement between the City and Smith & Oakes, Inc. for engineering design and inspection services for the "Summit Street Paving Improvements" project not to exceed $33, (Voice Vote) VII. City Manager Updates 1. Riverview Cemetery discussion. VIII. Other Business Adjourn

2 Office of the Mayor Arkansas City, Kansas Proclamation WHEREAS, The City of Arkansas City is committed to ensuring the safety and security of all those living and visiting our city; and WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at the greatest of risk from fire; and WHEREAS, roughly 3,000 people die as a result of home fires and burns and more than 2,000,000 individuals are seen in the nations emergency rooms for burn injuries; and WHEREAS, cooking is the leading cause of home fires in the United States, while heating equipment and smoking are the leading cause of home fire fatalities; and WHEREAS, working smoke alarms cut the risk of dying in reported home fires in half; and WHEREAS, the City of Arkansas City Fire-EMS Department is dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS, the City of Arkansas City residence are responsive to public education measures and are able to take personal steps to increase their safety from fires, especially in their homes; and WHEREAS, The 2016 Fire Prevention Week theme - Don t Wait Check the Date! Replace Smoke Alarms Every 10 Years effectively serves to remind us about the basic but essential elements of smoke alarm safety. NOW, THEREFORE, I, Mayor Duane L Oestmann do hereby proclaim October 9 th to October 15 th 2016 as FIRE PREVENTION WEEK in the City of Arkansas City, and urge all citizens of Arkansas City to protect their homes and families by heeding the important safety messages of Fire Prevention Week 2016, and to support the many public safety activities and efforts of the City of Arkansas City Fire-EMS Department. In witness whereof I have hereunto set my hand and caused this seal to be affixed. Name/Title: Duane Oestmann, Mayor Date: October 4, 2016

3 Item for City Commission Action Section IV Item 1 Meeting Date 10/04/2016 Department/Division City Manager Staff Contacts Lesley Shook / Andrew Lawson Title: Consent Agenda Item: Approve the Sept. 20, 2016, regular meeting minutes as written. Description: Please see attached document. Commission Options: 1. Approve with the consent agenda. 2. Remove items from the consent agenda for consideration as new business. Fiscal Impact: Amount: N/A Fund: Department: Expense Code: Included in budget Grant Bonds Other (explain) Approved for Agenda by: City Manager

4 City Commission of Arkansas City Meeting Minutes The Arkansas City Board of City Commissioners met in regular session at 5:30 p.m. Tuesday, September 20, 2016, in the Commission Room at City Hall, 118 W. Central Ave., in Arkansas City. Mayor Duane L. Oestmann called the meeting to order. Those also present at roll call were Commissioners Charles Tweedy III, Jay Warren and Karen Welch. Commissioner Dan Jurkovich arrived during roll call. City employees present at roll call were City Manager Nick Hernandez, City Attorney Tamara Niles, Public Information Officer Andrew Lawson, City Clerk Lesley Shook, Finance Director Kathy Cornwell, Public Works Director Eric Broce, Assistant Public Works Director Mike Crandall, Neighborhood Services Superintendent Richard Brown, Fire Chief Bobby Wolfe, Police Chief Dan Ward, ACPD Capt. Mark McCaslin and Officer Phil White. South Central Kansas Medical Center was represented by chief executive officer Virgil Watson. Citizens in attendance were Albert Brown, Vickie Jackson, CourierTraveler reporter Cody Griesel and Daily Bytes reporter Jeni McGee. Commissioner Warren offered the opening prayer. Mayor Oestmann led the pledge of allegiance. Agenda Changes and Approval City Manager Hernandez asked to add the swearing in of new officer Phil White as the first item under Recognition of Visitors, moving the hospital update down to the second item. Commissioner Tweedy moved to amend the agenda as requested. Commissioner Warren seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Oestmann declared the agenda amended and approved. Recognition of Visitors Chief Ward introduced the newest member of the Arkansas City Police Department, Officer Philip White. He is retired U.S. Army sergeant who had 20 years of service. He and his wife moved here to be closer to her family. Also in attendance where Officer White s wife, Amanda, who operates Land Rush Antique Mall in downtown Arkansas City; their two sons, Oliver, 3, and Amos AJ, 2; and his mother-in-law/amanda s mother, Lisa Koller. Chief Ward said he thinks Officer White will bring some stability to the police department because he is an older employee with some life experience. Officer White will not be able to attend the Kansas Law Enforcement Training Center until October or January He secured the last spot in January and is on a wait list in case of any cancellations in the October class. Officer White was sworn in by City Clerk Shook. Chief Ward reported on the progress of the latest hiring process. He said four candidates were forwarded to him by the hiring committee and his interviews with all four candidates were very positive. He has recommended that all four be advanced to background checks. September 20, 2016 Page 1

5 City Commission of Arkansas City Meeting Minutes South Central Kansas Medical Center South Central Kansas Medical Center CEO Virgil Watson gave a report on the hospital s progress since August. He said he wanted to bring the commissioners attention to the KanCare expansion forum at 6:30 p.m. Sept. 22 at the Arkansas City Senior Citizens Center. He said expanding KanCare could bring an extra $1 million to SCKMC. Commissioner Tweedy asked if this was a grassroots initiative. Watson said it was more than that because the Kansas Hospital Association is making an active effort to support political candidates who support expansion. Also, Watson said there would be a conference call with the bondholders the next morning regarding what to do to improve the hospital s situation. In their words, City Manager Hernandez said, it s looking positive. He said a representative of Quorum would make a site visit the following week to South Central Kansas Clinic and added the firm has determined there is more capacity to see patients there is scheduling can be optimized. He explained how the process has been going with Quorum and outlined several opportunities for improvement. One of them is selling excess inventory of medical equipment, including supplies purchased for retired Dr. Siwek. Watson said his staff also met with a Quorum accountant on the accounts receivable strategy that he said needs to focus on processing the largest accounts first. Fast-paying payers such as Medicare pay every 14 days, he said. He said SCKMC is starting to see benefits from its clinical documentation changes and Rural Health Clinic status. Mark Armstrong, lead Quorum consultant, will have a conference call with Watson and chief financial officer Holly Harper later that week to discuss the very rough draft results. Hernandez will join at the rough draft stage. Commissioner Jurkovich asked about a report at the last Board of Trustees meeting regarding coding improvements. He asked if that benefit is being seen across the board, or if those seven or so cases were lucky. Watson said he thinks some cases will benefit, while others will stay about the same. SCKMC is still in the learning process of identifying those opportunities, but it is critical to the facility s long-term viability, he said. Commissioner Warren asked how it was going with catching up on accounts payable. Watson said it is continuing to improve, but that is closely tied to inventory, which SCKMC is analyzing with a fine-toothed comb. Commissioner Warren asked how physician recruitment is going. Watson met with Drs. Slack and Strickland last week and it was positive, but he said he set a deadline of October 30. After that, he said, the two doctors will not receive SCKMC s sole focus, although it will continue to recruit them even as it looks to recruit other candidates. Commissioner Tweedy asked if there was anything the commissioners could do to help. Watson said it was a community recruiting process and he would reassemble the cross-community recruiting team to discuss ideas. Commissioner Warren asked how the recent SCKMC Landrush went. Watson said it was very successful and well attended, and he thought they did a little better than last year. SCKMC plans to do the event again next year. Commissioner Jurkovich asked if Quorum made any recommendation regarding networking with other hospitals in the area. Watson said he met with William Newton Hospital recently, but would not comment further. September 20, 2016 Page 2

6 City Commission of Arkansas City Meeting Minutes Awards and Proclamations Mayor Oestmann issued a proclamation of October 3, 2016, as National Night Out in Arkansas City. Chief Ward received a copy of the proclamation on behalf of the Arkansas City Police Department. Ward said the kickoff party will move to Wilson Park and it will start a little earlier, at 5 p.m., to maximize sunlight. He thanked Creekstone Farms Premium Beef and the Optimists for providing free food for everyone. He said neighborhoods could sign up for block parties by the end of that week and he anticipates the largest National Night Out turnout yet. City Manager Hernandez said Teenage Mutant Ninja Turtles: Out of the Shadows will be shown at the rotunda starting at 7 p.m. The movie also is sponsored by the Optimists. Consent Agenda Mayor Oestmann made a motion to approve Items 1, 2 and 4 of the consent agenda as presented below: 1. Approving the September 6, 2016, regular meeting minutes as written. 2. Approving a Certificate of Special Assessment for a dangerous structure demolition at 606 S. Summit and directing staff to file it with the Cowley County Clerk s Office for inclusion on the 2016 property tax rolls. 3. Approving a resolution authorizing the purchase of a new detachable gooseneck 35-ton lowboy trailer from Holden Industries, Inc., for an amount not to exceed $41, Approving Resolution No , scheduling a public town hall meeting of the City Commission at 7 p.m. October 6, 2016, at the Senior Citizens Center to discuss City beautification and code enforcement. He said he wanted to table the purchase for at least a month due to SCKMC and golf course funding concerns. Commissioner Tweedy asked if the current trailer is a gooseneck trailer. Assistant Public Works Director Crandall said it is not. He said it is a safety feature and added that the trailer purchase is already budgeted. Commissioner Tweedy asked if the bid was good for 60 days. Crandall said he was not exactly sure, but indicated it would be good for at least 30 days. Commissioner Jurkovich said he liked Mayor Oestmann s idea. Commissioner Jurkovich asked when the City would be finished paying Quorum. City Manager Hernandez said at the conclusion of the study, likely at the end of October. Commissioner Jurkovich asked if the City was planning to transfer any money from its utility funds. Hernandez said that would have to happen regardless. Commissioner Warren asked for an explanation of Item 2. Hernandez said the final cost of the abatement and demolition of 606 S. Summit St. was $89, That amount would be placed on the tax rolls for next year. Commissioner Jurkovich asked if there was a legal foot for the City to stand on. City Attorney Niles said yes. He asked if the City would receive any money and she said that was more doubtful. The property is up for tax foreclosure sale, at which point City liens would be terminated. But if the tax sale price exceeds taxes, the City may receive something, and it also could choose in a year to pursue legal owner Dame-N Barton in a civil action. Commissioner Warren seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Oestmann declared the modified consent agenda approved and Item 3 tabled for at least 30 days. September 20, 2016 Page 3

7 City Commission of Arkansas City Meeting Minutes New Business General Provisions for City Boards City Clerk Shook presented for discussion a first reading of an ordinance modifying Municipal Code Part II, Chapters 2, 14 and 38, concerning general provisions for City organizations, including boards, commissions, committees, councils and task forces. Public Information Officer Lawson said this legislation represented a break from the ongoing board bylaws cleanup. No action was requested that night, but he said he was looking for feedback in a couple of areas. He said the new provisions will be applicable to all boards, rather than repeated throughout each bylaws set. Lawson talked about the process for board appointments, meetings, special meetings, cancellations, election of officers, vacancies and residency requirements. He asked if there should be strict residency requirements or not. He also asked about whether to allow people to serve one, two or more than two boards at the same time. He suggested a limit of two, but Commissioner Tweedy said he d like to see people be on just one board at a time. Mayor Oestmann asked if Lawson had contacted all the boards about proposed changes to their language. He said he hadn t done that specifically because most of the language is being moved, not deleted entirely. Lawson briefly went through the other sets of board bylaws to highlight the duplicative provisions to delete. There are more substantive changes on the Building Trades Advisory Board, some of which were requested by Neighborhood Services Superintendent Brown. Commissioner Jurkovich said only the board chair should determine absenteeism, not staff members. Lawson said there needs to be clarification of what is excused. Commissioner Tweedy asked about relaxed residency requirements for that board. Lawson said staff has been allowing the appointment of contractors who are licensed to do business in Ark City, even if they don t live here. Commissioner Warren asked if some of the ordinance had come from other cities. Lawson said most of it was from existing code. Commissioner Warren asked if other cities allow people who don t live there to serve. Lawson said he could research that before the next meeting. He suggested it could depend on the board. The commissioners decided to table the ordinance for a second reading at the October 18 meeting. Lost or Mislaid Property Charter Ordinance No. 31 City Clerk Shook presented for discussion a first reading of a charter ordinance exempting the City from the provisions of K.S.A a02, relating to lost or mislaid funds, and providing substitute and additional provisions. City Attorney Niles said this will resolve three issues. The first is that it gives the City authority to give unclaimed money back to the Good Samaritan who turned it in, after a period of 90 days. Commissioner Warren asked how it is handled now. She said the City is required to keep it, which doesn t encourage people to do the right thing. September 20, 2016 Page 4

8 City Commission of Arkansas City Meeting Minutes After 90 days, if the person who lost it still claims it, the Good Samaritan to whom it was given still must give it back to the person or reimburse them accordingly. They are legally obligated to give it back, she said. The second issue resolved by the charter ordinance is a storage problem. There are more than 100 or 150 bicycles in police storage at this time, said City Manager Hernandez. The City needs to be able to dispose of them. Third, the City currently is required to sell lost or mislaid property and keep the proceeds, but the cost of doing so exceeds the profits available. The auction service ACPD was using now requires the City to ship the bicycles. She said if the cost exceeds the value, the ordinance allows the police chief to give it away to a suitable charitable organization. Commissioner Welch said the City used to take the lost bicycles to the fire department so they could be fixed up and given away or sold. Hernandez said that currently is against the law. But this charter ordinance would make such a practice legal again. Commissioner Tweedy asked to whom Chief Ward will decide to give away the bikes. Ward is comfortable working with Angels in the Attic and churches. He said groups currently contact him about donations, but he says he can t give them away. This charter ordinance would let him accommodate those requests. It also gives ACPD the authority just to throw them away. Commissioner Warren made a motion to approve the charter ordinance, stating property instead of funds. Commissioner Jurkovich seconded the motion. Both said it was common sense. A roll call vote was unanimous in favor of the motion. Mayor Oestmann declared the ordinance approved and given Charter Ordinance No. 31. City Manager Updates City Manager Hernandez said he had three items for discussion. The first is a piece of property west of Riverview Cemetery that the City potentially could acquire to expand the available land in the cemetery. He said the 12 acres of land were appraised at $180,000 and the owners are asking $175,000. He said opportunities such as these don t come up often and the commissioners need to take a serious look at it. The City went through a re-vestment process in recent years to dispose of paid-for, but unclaimed plots and reopen them from purchase. That bought some time before the cemetery is full, but only for so long. However, Hernandez cautioned, the funds extended to the hospital and Spring Hill Golf Course are so extensive this year that it would be difficult to find the money, which would not have been a problem in a normal year. Commissioner Warren asked how big the current cemetery is. Hernandez did not know, but said he would research the acreage. He also said he would get a count of current plots, in response to Commissioners Warren and Welch, and an estimate of new plots produced by the purchase, in response to Commissioner Tweedy. He said the cost of property purchase could be recouped by renting out the land and house, but the City is not in the home leasing business and would need to hire a property management company to handle that aspect. Hernandez said the money could come out of utility transfers or be secured through a traditional bank loan. September 20, 2016 Page 5

9 City Commission of Arkansas City Meeting Minutes Commissioner Jurkovich challenged City staff to identify an equivalent amount of City-owned property that could be disposed of to offset the purchase of the 12 acres, should commissioners approve the land deal. Hernandez also previewed the Last Run Car Show, which will be September 23-25; the Burford Theatre s grand opening celebration, which will be September 29 through October 2; and the showings of Zootopia and Minions under the Wilson Park rotunda on September 23 and September 30, respectively. He said he would be out of town September for the annual International City/County Management Association conference in Kansas City, Mo. He said the conference two years ago in Charlotte was very good. Commissioner Tweedy reminded the commissioners that there will be a dance at Wilson Park after the Last Run downtown cruise on September 24. He also volunteered to step back from the annual League of Kansas Municipalities conference in Olathe. Commissioner Jurkovich also said he could not attend the Oct event. Adjournment Commissioner Warren moved to adjourn the meeting. Commissioner Tweedy seconded the motion. A voice vote was unanimous in favor of the motion. Mayor Oestmann declared the meeting adjourned at 6:45 p.m. THE ARKANSAS CITY BOARD OF CITY COMMISSIONERS ATTEST: Lesley Shook, City Clerk Duane L. Oestmann, Mayor Prepared by: Andrew Lawson, Public Information Officer September 20, 2016 Page 6

10 Item for City Commission Action Section IV Item 2 Meeting Date 10/04/2016 Department/Division City Manager Staff Contacts Lesley Shook / Andrew Lawson Title: Consent Agenda Item: Ratify Mayor Duane Oestmann s appointments of Dennis Rittle to the Outstanding Young Student Award Committee and Tammy Lanman-Henderson to the Equal Opportunity and Accessibility Advisory Board. Description: Cowley College President Dennis Rittle has applied to be a member of the Outstanding Young Student Award Committee. Since this committee currently has four vacancies and Dr. Rittle s length career in academic service means he is more than qualified to serve, staff recommends making this appointment. Tammy Lanman-Henderson is interesting in being part of the new Equal Opportunity and Accessibility Advisory Board. She served as chair of the Human Relations Commission, one of the dissolved boards that was combined to create the new board, for more than five years and has extensive experience to offer. Staff recommends her appointment in order to provide a bridge of expertise as the new board starts up. Commission Options: 1. Approve with the consent agenda. 2. Remove items from the consent agenda for consideration as new business. Fiscal Impact: Amount: N/A Fund: Department: Expense Code: Included in budget Grant Bonds Other (explain) Approved for Agenda by: City Manager

11 Board Vacancies as of September 28, 2016 Boards/Commissions/Committees/Councils Cowley County Council on Aging 1 Vacancy Board Recommendations Applications Received/ Interest Expressed Accepting applications Equal Opportunity and Accessibility Advisory Board 5-7 Vacancies Tammy Lanman- Henderson* Joann Bierle, James Fry, Josh Hawkins, Daniel Yocum Outstanding Young Student Award Committee 4 Vacancies Dennis Rittle* Sue Lancaster, Chris Tackett, Melody Morris * Mayor s Recommendation Reappointments Boards/Commissions/Committees/Councils Member(s) / Term Expiration Date Historic Preservation Board Foss Farrar, Gordon Fry / September 1, 2016 Notes: Both men desire reappointment.

12 Applications Received / No Current Vacancies Name Michael Bergagnini Interest in serving on: South Central Kansas Medical Center Board of Trustees Kay Cartee South Central Kansas Medical Center Board of Trustees Michelle Dykes Arkansas City Recreation Commission Dale Eggen Planning Commission / Board of Zoning Appeals Dr. Mauricio Herrera South Central Kansas Medical Center Board of Trustees Ted Kadau Derek Koller Building Trades Advisory Board Planning Commission / Board of Zoning Appeals South Central Kansas Medical Center Board of Trustees Mell Kuhn Sue Lancaster Planning Commission / Board of Zoning Appeals South Central Kansas Medical Center Board of Trustees Planning Commission / Board of Zoning Appeals Bob Mathews Planning Commission / Board of Zoning Appeals Harvey Owens Planning Commission / Board of Zoning Appeals Dr. John Seitz South Central Kansas Medical Center Board of Trustees Chris Tackett Planning Commission / Board of Zoning Appeals Don Ward South Central Kansas Medical Center Board of Trustees Jill Wineinger Planning Commission / Board of Zoning Appeals

13 Item for City Commission Action Section VI Item 1 Meeting Date 10/04/2016 Department/Division City Manager Staff Contact Nick Hernandez Title: Consider first reading of an Ordinance exempting the application of K.S.A (c) to allow the consumption of alcoholic liquor at a designated area of Wilson park during the Arkalalah concert on October 28, 2016 between the hours of 6:00 p.m. and midnight. (Roll Call Vote) Description: Matt Miers, from the Bottle Service, LLC in Winfield who currently holds a state Caterers license, has requested the Governing Body allow him to sell and serve alcohol at a designated area of Wilson Park during the Arkalalah Concert on Friday, October 28, Commission Options: 1. Approve the Ordinance on first reading. 2. Disapprove the Ordinance. 3. Take no action to allow a second reading. Fiscal Impact: Amount: Fund: Department: Expense Code: Included in budget Grant Bonds Other (explain) Approved for Agenda by: City Manager

14 (Published in the Arkansas Cowley Courier Traveler on ) ORDINANCE NO AN ORDINANCE EXEMPTING THE APPLICATION OF K.S.A (C) TO ALLOW THE CONSUMPTION OF ALCOHOLIC LIQUOR AT A DESIGNATED AREA OF WILSON PARK DURING THE ARKALALAH CONCERT ON OCTOBER 28, 2016 BETWEEN THE HOURS OF 6:00 P.M. AND MIDNIGHT. WHEREAS, Bottle Service, LLC has requested the Governing Body allow it to sell and serve alcohol at a designated area of Wilson Park during the Arkalalah Concert on October 28, 2016 between the hours of 6:00 p.m. and Midnight; and WHEREAS, the requester have provided reasonable assurances that they will take all necessary precautions to ensure the property is used in full compliance with applicable state and local law; and WHEREAS, in order to use the property in the manner requested, the Governing Body is required by Kansas statute to adopt an Ordinance specifically exempting the property from the provisions of K.S.A (c), which prohibits the consumption of alcoholic liquor on public property. NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: Notwithstanding any provision of Municipal Code to contrary, the Governing Body of the City of Arkansas City hereby exempts property located at Wilson Park, and designated on the attached map (hereafter the Premises) from the provisions of K.S.A (c), on October 28, 2016 between the hours of 6:00 p.m. and Midnight. By providing this exemption, the Governing Body hereby authorizes Bottle Service, LLC to sell and serve alcoholic liquor by the drink for consumption on the Premises, subject to the following terms and conditions: 1. This exemption is contingent upon Bottle Service, LLC receiving a valid license from the State of Kansas to sell and serve alcoholic liquor by the drink for the date and location at issue. 2. Bottle Service, LLC shall take all necessary precautions to ensure compliance with all other provisions of Arkansas City Municipal Code, including the public offense code. 3 No person under twenty-one (21) years of age shall be permitted within the interior of the Premises during the scheduled event. 4. Any openings for entrance and exit from the Premises must be manned by at least one person over the age of 21 to check identification and/or otherwise ensure entrants are over the age of Bottle Service, LLC shall not allow a number of persons inside the Premises in excess of the occupancy load established by approved authorities. 6. Bottle Service, LLC shall leave the Premises in a same or similar condition as it existed prior to the exemption dates, and shall remove all trash and other supplies from the event; and repair any damage, in a timely fashion. 7. This exemption shall only apply to the interior of the gated Premises and shall not include any surrounding curtilage.

15 SECTION TWO: PUBLICATION; EFFECTIVE DATE. This ordinance, or a summary thereof, shall be published one time in the official city newspaper, and shall take effect and be in force from and after said publication. PASSED AND ORDAINED by the Governing Body of the City of Arkansas City, Kansas this 4 th day of October, (Seal) Duane L. Oestmann, Mayor ATTEST: Lesley Shook, City Clerk APPROVED AS TO FORM. Tamara Niles, City Attorney CERTIFICATE I, hereby certify that the above and foregoing is a true and correct copy of the Ordinance No of the City of Arkansas City, Kansas adopted by the governing body on October 4, 2016 as the same appears of record in my office. DATED: Lesley Shook, City Clerk

16 Item for City Commission Action Section VI Item 2 Meeting Date 10/04/2016 Department/Division Public Works Staff Contact Eric Broce Title: Consider a Resolution authorizing Addendum No. 1 to the contract agreement between the City and Smith & Oakes, Inc. for engineering design and inspection services for the "Summit Street Paving Improvements" project not to exceed $33, (Voice Vote) Description: Due to several recent water main breaks and the condition of the existing waterlines in the 100 block of East Birch and the 100 block of West Spruce, staff directed Smith & Oakes to add the replacement of those waterlines to the project. In addition, it was directed by the City Commission to add the mill and asphalt overlay of Radio Lane from Summit to 15 th St. to the project. These additions to the original scope of the project increased the design, construction administration, staking, and inspection fees by $33, over the original contract amount. Commission Options: 1. Approve the Resolution. 2. Disapprove the Resolution. 3. Table the Resolution for further consideration. Fiscal Impact: Amount: $33, Fund: 58 (Street Improvement Fund) Department: 542 (Streets) Expense Code: 6212 (Payment to Contractors) Included in budget Grant Bonds Other (explain) Approved for Agenda by: City Manager

17 RESOLUTION NO A RESOLUTION AUTHORIZING ADDENDUM NO. 1 TO THE CONTRACT AGREEMENT BETWEEN THE CITY AND SMITH & OAKES, INC. FOR ENGINEERING DESIGN AND INSPECTION SERVICES FOR THE "SUMMIT STREET PAVING IMPROVEMENTS" PROJECT NOT TO EXCEED $33, WHEREAS, the parties previously entered into an Agreement for Engineering Design, Construction Administration, Staking and Services dated October 21, 2014; and WHEREAS, the parties desire to amend the terms, obligations, and scope of service of their agreement. NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ARKANSAS CITY, KANSAS: SECTION ONE: The Governing Body of the City of Arkansas City hereby authorizes the Mayor of the City of Arkansas City to execute Addendum No. 1 to the contract agreement between the City and Smith & Oakes, Inc. for engineering design and inspection services for the "Summit Street Paving Improvements" project not to exceed $33, Such Agreement is attached hereto and incorporated by reference as if fully set forth herein. SECTION TWO: This Resolution will be in full force and effect from its date of passage by the City Commission of the City of Arkansas City. PASSED AND RESOLVED by the Governing Body of the City of Arkansas City, Kansas this 4th day of October, 2016 with City Officials being authorized and directed to execute any and all documents necessary to consummate the purposes and intents as expressed in this Resolution and if executed by the Mayor (or other person authorized by law to act in the event of the absence or inability of the Mayor to act) and the City Clerk is directed to attest to and affix the official seal of the City thereon. (Seal) ATTEST: Duane L. Oestmann, Mayor Lesley Shook, City Clerk APPROVED AS TO FORM Tamara Niles, City Attorney CERTIFICATE I, hereby certify that the above and foregoing is a true and correct copy of the Resolution No of the City of Arkansas City, Kansas adopted by the governing body on October 4, 2016 as the same appears of record in my office. DATED:. Lesley Shook, City Clerk

18 August 29, 2016 City of Arkansas City City Hall 118 W. Central P.O. Box 778 Arkansas City, Kansas Attention: Reference: Nickolas Hernandez, City Manager Summit Street Paving and Waterline Improvements (Walnut Avenue to Kansas Avenue) Smith & Oakes, Inc. Project No & Dear Mr. Hernandez: As you are aware, City staff has requested additional professional services from Smith & Oakes, Inc. for the project referenced above. Attached is Addendum No. 1 to our original agreement. The most notable additions to the project are outlined below: - Mill, overlay, and re-stripe of Radio Lane between Summit Street and 15 th Street. - Waterline replacement of the 100 block of East Birch Avenue. - Waterline replacement of the 100 block of West Spruce Avenue. - Re-striping of the Summit Street / Kansas Avenue intersection. To accommodate the additional work, the construction calendar days were adjusted from 120 to 145 days. The total net change between the original Contract and Addendum No. 1 is $33, If acceptable, please execute and return an original copy of the addendum. If there are any questions or comments, please notify. Respectfully Submitted, SMITH AND OAKES, INC Chris A. Meinen, L.S. Transmittal City.doc

19 ADDENDUM NO. 1 TO AGREEMENT FOR ENGINEERING DESIGN, CONSTRUCTION ADMINISTRATION, STAKING, AND INSPECTION SERVICES BETWEEN THE CITY OF ARKANSAS CITY, KANSAS AND SMITH & OAKES, INC. FOR SUMMIT STREET PAVING IMPROVEMENTS (WALNUT AVENUE. TO KANSAS AVE.) MILL & OVERLAY, INTERSECTION, DRIVEWAY, SIDEWALK RAMP AND WATERLINE IMPROVEMENTS NOW EFFECTIVE ON THIS day of 2016, this Supplemental Agreement is made and entered into, BY AND BETWEEN AND THE CITY OF ARKANSAS CITY, KANSAS, a Municipal Corporation, hereinafter referred to as "OWNER", SMITH & OAKES, INC. hereinafter referred to as "ENGINEER". WITNESSETH: WHEREAS, the parties have previously entered into an "Agreement for Engineering Design, Construction Administration, Staking And Services" dated October 21, 2014 and WHEREAS, the parties wish to further amend the terms, obligations and scope of service of their Agreement. NOW THEREFORE, the parties hereto agree to be bound as follows:

20 1. REVISE "SECTION 1. GENERAL PROJECT DESCRIPTION" of the Contract with the following paragraph: The OWNER has requested that the ENGINEER provide engineering design, construction administration, construction staking, and inspection services for Summit Street paving improvements, including mill & overlay of Summit Street, intersection, driveway, sidewalk ramp and waterline reconstruction between Walnut Avenue and Kansas Avenue, as generally indicated by Exhibit B: In Addition, the OWNER has requested that the ENGINEER provide engineering design, bidding, construction administration, construction staking, and inspection services for the mill & overlay of Radio Lane between Summit Street and 15 th Street; and reconstruction of waterlines and appurtenances for the 100 block of East Birch Avenue, and the 100 block of West Spruce Avenue. 2. REVISE "SECTION 5. PAYMENT PROVISIONS" of the Contract with the following paragraph: For services performed under this Agreement the OWNER will reimburse the ENGINEER the following lump sum fees for the Engineering Design, Bidding, Construction Administration and Staking items of work. Compensation for Inspection Services shall be 2.9 times direct cost, notto-exceed the value shown below for Inspection Services. Inspection fees are based on 145 calendar days of inspection with 5 day work weeks at 9 hours per day. ENGINEERING DESIGN $ 59,600 CONSTRUCTION ADMIN. $ 6,700 CONSTRUCTION STAKING $ 8,900 INSPECTION SERVICES $ 62,850 IN WITNESS WHEREOF, the parties hereto have executed ADDENDUM NO. 1 to the Original Agreement on the day and year first above written. OWNER: CITY OF ARKANSAS CITY, KANSAS ATTEST: Lesley Shook, City Clerk BY: Duane L. Oestmann, Mayor ENGINEER: SMITH & OAKES, INC. BY: Chris Meinen, President