The following rules have been established to facilitate ...

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GOVERNING BODY WORKSHOP AGENDA ROELAND PARK Roeland Park City Hall - 4600 W 51st St Monday, November 21, 2016 6:00 PM Joel Marquardt, Mayor Erin Thompson, Council Member Becky Fast, Council Member Michael Poppa, Council Member Ryan Kellerman, Council Member Tim Janssen, Council Member Teresa Kelly, Council Member Sheri McNeil, Council Member Michael Rhoades, Council Member Keith Moody, City Administrator Jennifer Jones- Lacy, Asst. Admin. Kelley Bohon, City Clerk John Morris, Police Chief Jose Leon, Public Works Director Admin Poppa Fast Finance Kelly Janssen Safety Thompson Rhoades Public Works Kellerman McNeil I. DISCUSSION ITEMS: 1. Presentation- United Community Services of Johnson County (est. time 10 min.) 2. Review Bids- City Hall North Entry ADA Project (est. time 5 min.) 3. Presentation- Property Tax Lid Presentation (est. time 10 min.) 4. Discussion - Tree Maintenance Service Agreement (est. time 5 min.) 5. Discussion- Joint Johnson County and Cities Legislative Platform (est. time 10 min.) 6. Discussion- NEACC Interlocal Agreement for Animal Control (est. time 10 min.) 7. Task Force Pool Advisory Board (est. time 10 min.) II. NON-ACTION ITEMS: III. ADJOURN Welcome to this meeting of the Committee of the Whole of Roeland Park. Below are the Procedural Rules of the Committee The governing body encourages citizen participation in local governance processes. To that end, and in compliance with the Kansas Open meetings Act (KSA 45-215), you are invited to participate in this meeting. The following rules have been established to facilitate the transaction of

Transcript of The following rules have been established to facilitate ...

GOVERNING BODY WORKSHOP AGENDAROELAND PARK

Roeland Park City Hall - 4600 W 51st StMonday, November 21, 2016 6:00 PM

Joel Marquardt,Mayor Erin Thompson,Council Member Becky Fast,Council MemberMichael Poppa,Council Member Ryan Kellerman,Council Member

Tim Janssen,Council MemberTeresa Kelly,Council MemberSheri McNeil,Council Member Michael Rhoades,Council Member

Keith Moody, CityAdministrator Jennifer Jones-Lacy, Asst. Admin. Kelley Bohon, CityClerk John Morris, PoliceChief Jose Leon, PublicWorks Director

Admin

Poppa

Fast

Finance

Kelly

Janssen

Safety

Thompson

Rhoades

Public Works

Kellerman

McNeil

I. DISCUSSION ITEMS:

1. Presentation- United Community Services of Johnson County (est.time 10 min.)

2. Review Bids- City Hall North Entry ADA Project (est. time 5 min.)3. Presentation- Property Tax Lid Presentation (est. time 10 min.)4. Discussion - Tree Maintenance Service Agreement (est. time 5 min.)5. Discussion- Joint Johnson County and Cities Legislative Platform

(est. time 10 min.)6. Discussion- NEACC Interlocal Agreement for Animal Control (est.

time 10 min.)7. Task Force Pool Advisory Board (est. time 10 min.)

II. NON-ACTION ITEMS:

III. ADJOURN

Welcome to this meeting of the Committee of the Whole of RoelandPark.

Below are the Procedural Rules of the Committee

The governing body encourages citizen participation in local governanceprocesses. To that end, and in compliance with the Kansas Openmeetings Act (KSA 45-215), you are invited to participate in this meeting.The following rules have been established to facilitate the transaction of

business during the meeting. Please take a moment to review these rulesbefore the meeting begins.

A. Audience Decorum. Members of the audience shall not engage indisorderly or boisterous conduct, including but not limited to; the utteranceof loud, obnoxious, threatening, or abusive language; clapping; cheering;whistling; stomping; or any other acts that disrupt, impede, or otherwiserender the orderly conduct of the Committee of the Whole meetingunfeasible. Any member(s) of the audience engaging in such conductshall, at the discretion of the City Council President (Chair) or a majority ofthe Council Members, be declared out of order and shall be subjectto reprimand and/or removal from that meeting. Please turn all cellulartelephones and other noise-making devices off or to "silent mode"before the meeting begins.

B. Public Comment Request to Speak Form. The request form's purposeis to have a record for the City Clerk. Members of the public may addressthe Committee of the Whole during Public Comments and/or beforeconsideration of any agenda item; however, no person shall addressthe Committee of the Whole without first being recognized by the Chair orCommittee Chair. Any person wishing to speak at the beginning of anagenda topic, shall first complete a Request to Speak form and submitthis form to the City Clerk before discussion begins on that topic.

C. Purpose. The purpose of addressing the Committee of the Whole is to

communicate formally with the governing body with a question orcomment regarding matters that are on the Committee's agenda.

D. Speaker Decorum. Each person addressing the Committee of theWhole, shall do so in an orderly, respectful, dignified manner and shall notengage in conduct or language that disturbs, or otherwise impedes theorderly conduct of the committee meeting. Any person, who so disruptsthe meeting shall, at the discretion of the City Council President (Chair) ora majority of the Council Members, be declared out of order and shall besubject to reprimand and/or be subject to removal from that meeting.

E. Time Limit. In the interest of fairness to other persons wishing to speakand to other individuals or groups having business before the Committeeof the Whole, each speaker shall limit comments to two minutes peragenda item. If a large number of people wish to speak, this time may beshortened by the Chair so that the number of persons wishing to speakmay be accommodated within the time available.

F. Speak Only Once Per Agenda Item. Second opportunities for the

public to speak on the same issue will not be permitted unless mandatedby state or local law. No speaker will be allowed to yield part or all of

his/her time to another, and no speaker will be credited with timerequested but not used by another.

G. Addressing the Committee of the Whole. Comment and testimony are

to be directed to the Chair. Dialogue between and inquiries from citizensand individual Committee Members, members of staff, or the seatedaudience is not permitted. Only one speaker shall have the floor at onetime. Before addressing Committee speakers shall state their full name,address and/or resident/non-resident group affiliation, if any, beforedelivering any remarks.

H. Agendas and minutes can be accessed at www.roelandpark.org or by

contacting the City Clerk

The governing body welcomes your participation and appreciatesyour cooperation. If you would like additional information about theCommittee of the Whole or its proceedings, please contact the City

Clerk at (913) 722.2600.

Item Number: DISCUSSION ITEMS- I.-1. CommitteeMeeting Date:

11/21/2016

City of Roeland ParkAction Item Summary

Date: 11/17/2016 Submitted By: Keith Moody Committee/Department:

Title: Presentation- United Community Services of Johnson County(est. time 10 min.)

Item Type: Presentation

Recommendation:

Details:

Marya Schott, Community Initiatives Director for United Community Services of Johnson County,will make a presentation providing insight on the services they provide and how this benefitsRoeland Park residents.

How does item relate to Strategic Plan?

How does item benefit Community for all Ages?

Item Number: DISCUSSION ITEMS- I.-2. CommitteeMeeting Date:

11/21/2016

City of Roeland ParkAction Item Summary

Date: 11/17/2016 Submitted By: Jose Leon, Director of Public Works Committee/Department: Public Works

Title: Review Bids- City Hall North Entry ADA Project (est. time 5min.)

Item Type: Discussion

Recommendation:

To approve Golconda Group tp perform the City Hall ADA Improvements at a cost not toexceed $12,024.00

Details:

Staff put this project out to bid and directly contacted contractors for bids. We only received oneresponse. This could be due to the project being relatively small in nature and the time of the yearfor this work (Holidays). Golconda Group provided a bid of $12,024.00 to perform the work. Staff is comfortable with thiscontractor as they were the same contractor who perform the Granada Park Improvements in2015. Staff recommends moving forward with this bid from Golconda Group. For reference, theEngineers Estimate was $13,668.00

How does item relate to Strategic Plan?

Goal 5 - Promote recreational opportunities through enhanced green space, facilities andcommunication.

How does item benefit Community for all Ages?

Improved accessibility to City Hall for all ages.

ATTACHMENTS:Description TypeGolconda Group Bid Backup Material

Plan Sheet Backup Material

PROPOSAL Date: November 8, 2016 Bid # 1618 Expiration Date: 11/30/2016 Golconda Group LLC 6878 Martindale Road Shawnee, Kansas 66218 913.579.4795 [email protected]

TO City of Roeland Park, Kansas Attn: Jose Leon 4600 W 51st Street Roeland Park, KS 66205

JOB PAYMENT TERMS

Roeland Park City Hall ADA Project Per Bid Documents 30 days

DESCRIPTION TOTAL

SCOPE OF WORK – ITEM #2 – DEMO AND REMOVE - LUMP SUM $1,231.00

SCOPE OF WORK – ITEM #1 AND ITEMS #3 - 10 $10,793.00

Notes and Exclusions: Owner to supply water and electricity. Bid does not include utility repair, moving or replacing utilities to complete scope of

work above. Bid does not include design fees. Bid does not include any permits or bonds. Proposal includes traffic control for all work areas during construction. Proposal includes all mobilization and daily clean up costs.

Applicable Taxes Included

TOTAL COST

$12,024.00

All material is guaranteed to be specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra cost will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workmen’s Compensation Insurance.

Proposal prepared by: ______________________________________________________________________________________

This is a Proposal on the goods and services described above only. If you have any questions or concerns please contact me anytime at 913.579.4795.

To accept this proposal, sign here and return to the address above:

Date of acceptance: __________________________________________________________________________________________

Authorized Signature: _______________________________________________________________________________________

Thank you for your business!

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10/24/2016 11:20:40 AM, 1:1

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DENOTES CONTRACTOR TO INSTALL BUILDING MOUNTED HANDRAIL ALONG CURB RAMPS WHERE SLOPE EXCEEDS 5%. MATERIAL AND COLOR TO BE DETERMINED BY OWNER.
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BY: JOHN.HONIOTES
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COPYRIGHT - -SHAFER, KLINE & WARREN INC.
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ROELAND PARK CITY HALL
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ROELAND PARK, KANSAS
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NORTH ADA DROP-OFF PLAN
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DENOTES CONCRETE SIDEWALK, SEE DETAIL ABOVE
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1.CONCRETE SHALL BE KCMMB 4K AE. CONCRETE SHALL BE KCMMB 4K AE. 2.1/2" EXPANSION JOINTS SHALL BE PLACED WHERE 1/2" EXPANSION JOINTS SHALL BE PLACED WHERE WALK ABUTS JUNCTION OF EXISTING WALK, CONCRETE CURBS, AND AS SHOWN IN THE DRAWINGS. 3.CONTROL JOINTS SHALL BE PLACED AS SHOWN ON CONTROL JOINTS SHALL BE PLACED AS SHOWN ON THE DRAWINGS OR AT DISTANCE NOT EXCEEDING THE WIDTH OF THE SIDEWALK, IF NOT SHOWN. 4.SAWCUT ALL CONTROL JOINTS. SAWCUT ALL CONTROL JOINTS. 5.ALL JOINTS SHALL BE SEALED WITH VULCAN 45 OR ALL JOINTS SHALL BE SEALED WITH VULCAN 45 OR DOW CORNING 888 SILICON JOINT SEALANT.
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DETECTABLE WARNING BRICK PAVER NOTES: 1.PAVING BRICK SHALL BE 2 "x3 "x7 " AND SHALL PAVING BRICK SHALL BE 2 "x3 "x7 " AND SHALL 14"x3 "x7 " AND SHALL 58"x7 " AND SHALL 58" AND SHALL MEET THE REQUIREMENTS OF ASTM C902 FOR CLASS SX TYPE 1 BRICK AND ASTM C1272. 2.THE BRICKS SHALL BE PLACED IN A SOLDIER THE BRICKS SHALL BE PLACED IN A SOLDIER COURSE PATTERN. 3.THE BRICKS SHALL BE SAW CUT ONLY AND ANY THE BRICKS SHALL BE SAW CUT ONLY AND ANY BRICK SHALL NOT BE LESS THAN 25% OF A FULL BRICK. ANY PARTIAL TRUNCATED DOME SHALL BE REMOVED. 4.TYPE M MORTAR SHALL BE USED FOR THE SETTING TYPE M MORTAR SHALL BE USED FOR THE SETTING BED AND GROUTED JOINTS IN ACCORDANCE WITH ASTM C270, TABLE 1 (MASONRY CEMENT TYPE ONLY). 5.DETECTABLE WARNING SURFACE SHALL EXTEND A DETECTABLE WARNING SURFACE SHALL EXTEND A MINIMUM OF 2 FEET IN DIRECTION OF TRAVEL.

Item Number: DISCUSSION ITEMS- I.-3. CommitteeMeeting Date:

11/21/2016

City of Roeland ParkAction Item Summary

Date: 11/21/2016 Submitted By: Jennifer Jones-Lacey Committee/Department: Title: Presentation- Property Tax Lid Presentation (est. time 10 min.)Item Type: Presentation

Recommendation:

For Informational Purposes Only

Details:

Please see the attached presentation.How does item relate to Strategic Plan?

How does item benefit Community for all Ages?

ATTACHMENTS:Description TypeTax Lid Presentation Cover Memo

TAX LIDImplications for 2018 Budget and Beyond

Senate Sub for HB 2088 Provisions

■ Effective January 1, 2017 for the 2018 fiscal year

■ Increases in property tax dollars levied beyond the rate of inflation require voter approval with some exceptions.

■ The 2018 State Budget form will include a calculation for inflation as well as a calculation for exemptions.

Exemptions from the Tax Lid

■ New Improvements – new buildings, remodeling or renovation of existing buildings or improvements on real property

■ Increased personal property valuation

■ Real property from annexation

■ Real property that has changed in use – i.e. residential to commercial

■ Bond and interest payments and existing lease payments

■ Special assessments

■ Court judgements and related legal fees

Exemptions from the Tax Lid (cont.)

■ Taxes levied to recover the loss of funds from federal sources after January 1, 2017 where cities are contractually obligated to provide services.

■ Expenses relating to certain federal, state or local disasters or emergencies declared by a federal or state official (including certain financial emergencies).

■ Expenses used exclusively for increased law enforcement, fire or EMS above the rate of inflation.

Exemptions from the Tax Lid (cont.)

■ Expiration of property tax abatements

■ Expiration of TIF districts, neighborhood revitalization areas or other property tax rebate or redirection programs

■ Certain increases associated with the loss of property valuation occurring as a result of legislative action, judicial action or BOTA rulings.

■ If tax levied dollars has declined in one of the three preceding years and the proposed increase does not exceed the average rate of inflation for the three preceding years.

Tax Lid Concepts

■ The emphasis is on “tax levy” not the mill levy.

Assessed Valuation/1000 = Mill Rate

Assessed Valuation x Mill Levy Rate = Tax Levy (dollars)

2017: $70,318,083 x 0.033463 = $2,353,054

To capture tax lid limit each budget year:

Example 1 – Assessed valuation grows 5%– CPI and exceptions limit City

maximum increase to 2%– Mill levy must roll back

– Mill levy would go from 33.463 in 2017 to 32.507 in 2018

Example 2– Assessed valuation decreases

by 1%– CPI and exceptions limit

maximum increase to 2%– Mill levy could increase to

capture 2% limit

– Mill levy would go from 33.463 in 2017 to 34.464 in 2018

Now That’s Math!Example 1■ Mill levy would go from 33.463

in 2017 to 32.507 in 2018– 2% allowable growth in 2017 Ad Val

Income = 2018 Ad Val Income $2,353,054*2% = $2,400,115

– Assessed Valuation*5% = 2018 AV: $70,318,083*5% = $73,833,978

– 2018 Ad Val Income / New Valuation: $2,400,115/$73,833,978 = .032507 * 1000 = 32.507 Mills

Example 2

■ Mill levy would go from 33.463 in 2017 to 34.464 in 2018

– 2% allowable growth in 2017 Ad Val Income = 2018 Ad Val Income $2,353,054*2% = $2,400,115

– Assessed Valuation * (1%) = 2018 AV: $70,318,083*(1%) = $69,641,902

– 2018 Ad Val Income/ New Total Taxable Income: $2,400,115/$69,641,902 = .034464 * 1000 = 34.464 Mills

Item Number: DISCUSSION ITEMS- I.-4. CommitteeMeeting Date:

11/21/2016

City of Roeland ParkAction Item Summary

Date: 11/17/2016 Submitted By: Jose Leon, Director of Public Works Committee/Department: Public Works

Title: Discussion - Tree Maintenance Service Agreement (est. time 5min.)

Item Type: Discussion

Recommendation:

Staff recommends Council put this 2017-2019 Tree Services contract out for bid.

Details:

Staff has developed a contract which will provide the City with a On-Call contractor to performvarious tree services. Generally, this contract is for emergency work in situations where PublicWorks staff will need to come in the after hours to remove a tree from the street. This contract willbe also be used to remove tree hazards such as pruning dead limbs, stump removals, completetree removals, and other tree maintenance items that staff can not perform due to lack ofresources. Staff will still perform the tree maintenance items we have the resources to do, but in the event wedo not have the proper resources we will have a contractor to assist. This contract will providePublic Works staff with a contractor to call and eliminate the significant time spent trying to obtainbids for single tree removals. As well, this contract places the City in a better position to receivecompetitive bids for emergency situations where in the past we have to hurry and get a contractorout and the City is not in a good position to tell the contractor we want a better price. If there is a large amount of tree work that exceeds the $10,000 limit, staff will continue to go outfor bids. This contract will be used to cover everything under the $10,000 limit per the Citypurchase policy.

How does item relate to Strategic Plan?

Goal 5 - Promote recreational opportunities through enhanced green space, facilities andcommunication.

How does item benefit Community for all Ages?

Ensure the proper performance of tree work to keep our City safe for all ages.

ATTACHMENTS:Description TypeTree Services Contract Exhibit

AGREEMENT FOR TREE SERVICES This Agreement, made this______day of_____________________, ______, by and between , hereinafter referred to as Contractor, and the CITY OF ROELAND PARK, KANSAS, hereinafter referred to as City, shall be in full force and effect during calendar years 2017 through 2019 with the following terms and conditions. The Contractor proposes and agrees to provide all necessary machinery, tools, and equipment; and to do all the work specified in these documents of the agreement in the manner herein prescribed and according to the requirements of the City as herein set forth. This document will be the only executed agreement. Any additions or changes must be added as a written supplement to this agreement at time of proposal. City Council must approve each year the terms of this agreement based on the budgetary allowance.

1.0 Service Specifications 1.1 The Contractor shall designate one person who is a licensed arborist that is responsible

for the supervision of all work being performed. This person shall be thoroughly familiar with the specified requirements and the methods needed for the proper performance of the work and who shall direct all work performed.

1.2 The Contractor shall assign one person who shall serve as the main contact for the City

for purposes of scheduling inspections, emergencies, and maintaining communication The Contractor will supply a direct contact name, phone number and email and will notify the City if this contact information changes during the Contract period .

1.3 The City will inspect the work on a regular basis and report to the Contractor’s supervisor

any problems. 1.4 The Contractor will immediately report to the City supervisor any problems or hazards that

are observed during the course of the work. 1.5 The Contractor will use proper equipment and tools for the work. All equipment and tools

will be in near-original working and sanitized condition to prevent the spread of tree diseases.

1.6 The DBH will mean the diameter of the tree measured at a height of five feet from the

ground. 1.7 The Contractor will take all safety precautions to protect the workers and the general

public. Traffic control signs and other markings will be in accordance with the latest Manual of Uniform Traffic Control Devices (MUTCD) as published by the Federal Highway Administration. Failure to provide proper traffic controls will result in work being stopped until the requirements are met.

1.8 The Contractor is required to have a valid City of Roeland Park Non-Domicile Business

License while under contract with the City. License and information can be obtained at City Hall offices located at 4600 W. 51st Street.

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1.9 The City, in accordance with City Purchase Policy Section IV–D will retain the right to obtain competitive pricing on any singular item costing more than $10,000.

1.10 The Contractor is admonished that their employees will be properly attired, refrain from

abusive language, refrain from improper behavior, and be aware that they are representing the City.

2.0 General 2.1 This signed agreement will be the authorization for the Contractor to provide the

described services as requested by the City. 2.2 Carl Wisdom, City Forester, at phone-(913)602-9362, fax-(913)236-4337 Email-

[email protected], will be the City coordinator for the Contractor for providing any service and responding to any special needs.

2.3 All work performed by the Contractor will be of acceptable workmanlike quality and

installation normally associated with this trade and shall occur to the satisfaction of the City before payment will be made by the City to the Contractor.

2.4 All invoices should be grouped by location, with a copy of the service report attached, and are to be sent to Public Works Department, 4600 W. 51st Street, Roeland Park, KS 66205.

2.5 Invoices shall be submitted for payment within sixty days of completion of work. 2.6 Insurance:

A. The Contractor shall procure and maintain, at its expense, the following insurance coverage: (a) Workers’ Compensation -- Statutory Limits, with Employer’s Liability limits of $100,000 each employee, $500,000 policy limit; (b) Commercial General Liability for bodily injury and property damage liability claims with limits of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate; and (c) Commercial Automobile Liability for bodily injury and property damage with limits of not less than $1,000,000 each accident for all owned, non-owned and hired automobiles.

B. All property damaged shall be restored or replaced to a condition immediately prior to the time of damage, and to the satisfaction of the City.

C. All loss or damage arising out of the nature of the work to be done, or from the action of the elements, or from floods or overflows, or from ground water, or from unusual obstructions or difficulties, or any other natural or existing circumstances either known or unforeseen, which may be encountered in the prosecution of the said work shall be sustained and borne by the Contractor at its own cost and expense.

D. The City shall be a named insured on such policies. Satisfactory certificates of insurance shall be filed with the City prior to starting any construction work on this Contract. The certificates shall state that thirty (30) days written notice will be given to the City before any policy coverage thereby is changed or canceled.

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2.7 It is the express intent of the parties that this Contract shall not create an employer-employee relationship. Employees of the Contractor shall not be deemed to be employees of the City and employees of the City shall not be deemed to be employees of the Contractor. The Contractor and the City shall be responsible to their respective employees for all salary and benefits. Neither the Contractor’s employees nor the City’s employees shall be entitled to any salary, wages, or benefits from the other party, including but not limited to overtime, vacation, retirement benefits, workers’ compensation, sick leave or injury leave. Contractor shall also be responsible for maintaining workers’ compensation insurance, unemployment insurance for its employees, and for payment of all federal, state, local and any other payroll taxes with respect to its employees’ compensation.

2.8 This Agreement is for the period of January 1, 2017 through December 31, 2019. Either

party may terminate this agreement by giving sixty (60) days prior written notice to the other party.

2.9 The Contractor will commence work within ten (10) calendar days from and after receiving instructions from the City.

2.10 To the fullest extent permitted by law, with respect to the performance of its obligations in this Contract or implied by law, and whether performed by Contractor or any permitted subcontractors hired by Contractor, the Contractor agrees to indemnify City, and its agents, servants, and employees from and against any and all claims, damages, and losses arising out of personal injury, death, or property damage, caused by the negligent acts, errors, or omissions of the Contractor or its subcontractors, to the extent and in proportion to the comparative degree of fault of the Contractor and its subcontractors. Contractor shall also pay for City's reasonable attorneys’ fees, expert fees, and costs incurred in the defense of such a claim to the extent and in proportion to the comparative degree of fault of the Contractor and its subcontractors

2.11 Applicable Laws and Permits: A. The Contractor shall observe and comply with all applicable federal, state, and

local laws, regulations, standards, ordinances or codes and shall be in compliance with all applicable licensure and permitting requirements at all times. This compliance includes, but is not limited to, any quarantines in place at time of work, removal or movement of product associated with this contract.

B. Pursuant to K.S.A. No. 16-113, if the Contractor does not have a resident agent in the State of Kansas, it shall execute and file "Certificate of Appointment of Process of Agent" with the Clerk of the District Court at the Johnson County, Kansas Courthouse. These forms may be obtained at the Office of the Clerk of the District Court. After execution of the documents, it shall be filed with the Clerk of the District Court. Contractor shall be responsible for the filing fee. This certificate is pursuant to the General Statutes of Kansas, and shall be filed prior to the formal execution of the Contract Documents. Failure to comply with these requirements shall disqualify the Contractor for the awarding of this Contract.

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2.12 The Contractor warrants to the City that any materials furnished under this Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. The Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty shall be in addition to and not in limitation of any other warranty or remedy required by law or by the Contract Documents.

2.13 The Contractor may not use any subcontractors without the prior written consent of the

City, which may be withheld for any reason at the City’s discretion.

2.14 If, on account of a continued default or breach by either party of such party's obligations under the terms of this agreement after any notice and opportunity to cure as may be required hereunder, it shall be necessary for the other party to employ one or more attorneys to enforce or defend any of such other party's rights or remedies hereunder, then, in such event, any reasonable amounts incurred by such other party, including but not limited to attorneys' fees, experts' fees and all costs, shall be paid by the breaching or defaulting party.

2.15 This Contract shall not be assigned by Contractor to any other party without first obtaining the written consent of the City.

2.16 This Contract shall be governed by and interpreted in accordance with the laws of the State of Kansas. Venue for all actions relating to this contract shall be in the District Court of Johnson County, Kansas.

3.0 Work Hours 3.1 The City authorizes non-emergency work to be performed between 7:00am through

4:00pm weekdays. 3.2 The City will provide the Contractor with a door hanger to be placed on each residence

where the tree work will occur in the next 24 hours. The Contractor shall notify the City supervisor on a daily basis of where tree work will occur. The Contractor shall communicate immediately any changes in work schedule to the City supervisor.

3.3 The Contractor shall obtain prior approval from the City before scheduling any work

outside the normal working hours. 4.0 Tree Removal 4.1 The Contractor will cut and remove the trees and stumps as listed on work order within 30

days of date of the written request by the City. Those trees listed as dangerous will be removed within 72 hours.

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4.2 The stump will be ground to 18 inches below ground level and level with the surrounding ground. All grindings will be removed.

4.3 The stump hole will be filled with six inches of compacted topsoil and twelve inches of

compacted subsoil. The topsoil must be compacted to prevent any settling below former ground level. No seeding is required.

4.4 Disposal of all debris removed from the work site is the responsibility of the Contractor and

must be disposed of in a proper manner. 5.0 Tree Spraying 5.1 Upon request, the Contractor will provide spraying of trees for disease or pests. 5.2 The Contractor will have a licensed pesticide applicator performing the spraying work. 5.3 The City must approve the chemicals being used before any applications. 5.4 The Contractor will take all safety precautions and issue all warnings as required by local,

state, or federal specifications. 5.5 The Contractor will identify the chemicals and will provide a Material Safety Data Sheet for

all chemicals used. 6.0 Emergency Service 6.1 The Contractor will be available 24 hours per day and seven days per week during the life

of this contract for tree services as specified herein. 6.2 The Contractor must be able to respond within four hours for emergency tree removal, tree

trimming and tree debris removal. A telephone number and/or a pager number will be provided to the City.

6.3 The Contractor will have available for their use for tree removal a brush chippers, bed

grinders, bucket trucks, log trucks with loader device, skid loaders, and tractor trailer trucks. All equipment rates will include operator, fuel, repairs and maintenance.

6.4 A list of Emergency Equipment as detailed in the Fee Schedule should be attached to the bid, listing out each equipment type and the number of units that the Contractor owns. You may also add any other major equipment owned by the Contractor that relates to Tree Emergency Services Also list all certified arborists employed by the Contractor.

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7.0 Fee Schedule

2017 2017 2018 2018 2019 2019

DESCRIPTION UNITS Regular

Unit Price Emergency Unit Price

Regular Unit Price

Emergency Unit Price

Regular Unit Price

Emergency Unit Price

Removal on Arterial or Collector Streets (Includes labor & all equipment)

DBH 0 to 12 inches EA

DBH 13 to 24 inches EA

DBH 25 to 36 inches EA

DBH 37 to 48 inches EA

DBH 49 to 60 inches EA

Removal on Local Streets and City Properties (Includes labor & all equipment)

DBH 0 to 12 inches EA

DBH 13 to 24 inches EA

DBH 25 to 36 inches EA

DBH 37 to 48 inches EA

DBH 49 to 60 inches EA

Rental Equipment (non-tree removal work, incl. operator and vehicle) Bucket Truck HR

Tree Spade 44”-80” diameter hole

HR

Misc.

Spraying trees (Includes labor & equip.)

GAL

Tree trimming (Includes labor & equip.)

HR

Arborist Inspection Services (Includes labor & equip.)

EA INSP.

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2017 2017 2018 2018 2019 2019

DESCRIPTION UNITS Regular

Unit Price Emergency Unit Price

Regular Unit Price

Emergency Unit Price

Regular Unit Price

Emergency Unit Price

Emergency Equipment

Horizontal Grinder Min. 500 HP

HR

Claw Loader w/28 CY Capacity Dump Bed

HR

Excavator w/Clam Bucket 230 HP

HR

Wheel Loader - Dump Height 9' 130 HP

HR

Track Loader - Dump Height 8' 80 HP

HR

Uni-Loader w/Grapple Bucket 70 HP

HR

Tractor w/Barrel Bed 15 CY

HR

Tractor w/Ejector Bed 72 CY

HR

Tractor w/Box Bed 28 CY

HR

Light Tower - Towed 440,000 Lumens

HR

Stump Grinder HR

Attach list of requested items as outlined in section 6.4 Emergency Services

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8.0 References 8.1 The Contractor will provide three (3) local references of comparable work from the last

twelve (12) months. Company: Contact: Phone #: Email: Brief Description on Work:

Company: Contact: Phone #: Email: Brief Description on Work:

Company: Contact: Phone #: Email: Brief Description of Work:

Contractor Contact: ATTEST: Company Name: /s/ Kelley Bohon, City Clerk Date Address:

/s/ Telephone Number: Neil Shortlidge, City Attorney Date Fax Number: Email: /s/ /s/ Contractor Agent Date Joel Marquardt, Mayor Date

Item Number: DISCUSSION ITEMS- I.-5. CommitteeMeeting Date:

11/21/2016

City of Roeland ParkAction Item Summary

Date: 11/17/2016 Submitted By: Keith Moody Committee/Department:

Title: Discussion- Joint Johnson County and Cities LegislativePlatform (est. time 10 min.)

Item Type: Discussion

Recommendation:

Staff recommends adoption of the joint legislative platform.

Details:

Historically cities with in Johnson County along with the County have developed a joint legislativeplatform. The intent is to provide a common message to legislators on issues that are important toour local governance. The attached platform has been updated to reflect changes in the politicalenvironment since its adoption last year.

How does item relate to Strategic Plan?

The platform reflects the importance of local control in deciding how best to deliver services to ourresidents and businesses.

How does item benefit Community for all Ages?

ATTACHMENTS:Description TypeJoint Legislative Platform Backup Material

JOHNSON COUNTY GOVERNMENT AND CITIES JOINT 2017 LEGISLATIVE PLATFORM

Adopted November 17, 2016

State and local government are partners providing numerous governmental services that are funded and made available to citizens. Local units of government are closest to the citizens and therefore, are extremely well-positioned to represent the interests of citizens in the communities in which they live. The partnership depends upon stable funding, efficient use of citizens’ resources, and responsiveness at the city and county level. We support the preservation of local authority, maintenance of local control of local revenue and spending, and oppose the devolution of State duties to local units of government without planning, time and resources. The Johnson County Government and Cities advocate on the following issues in the interests of our elected representatives and on behalf of the citizens who live in our county and cities.

REPEAL OF THE PROPERTY TAX LID

We strongly oppose any state-imposed limits on the taxing and spending authority of cities and counties and urge the repeal of the property tax lid legislation passed during the 2015 Session. We believe those elected to manage the affairs of cities and counties can be most responsive to the local taxpayers and make budget and tax decisions that are most reflective of the community’s need and financial interests. We note that these same taxing and spending limits on cities and counties were not placed on state government. State government should abide by the same taxing and spending decisions as they impose upon cities and counties. Absent repeal, the state-imposed tax lid on local governments should be modified to require a public vote based on a protest petition provision. Additionally, the Legislature should review and consider including appropriate exemptions that existed largely under the prior tax lid but were not included in the current law such as human resources costs, KPERS intellectual and developmental disabilities, transit equipment, and mental health among other items. (Added in 2016, 2017)

K-12 EDUCATION FINANCING

Johnson County Government is supportive of the Kansas Legislature adequately and equitably funding primary and secondary education to a level that places Kansas among the leading states in support of a “world class” education. We support Johnson County schools in their efforts to craft a new school finance formula that supports local components and treats local property taxes contributions fairly for local property taxpayers and schools. (Added in 2017)

TAX POLICY

We support stable revenue sources and urge the Kansas Legislature to avoid applying any further exemptions to the ad valorem property tax base, including exceptions for specific business entities or the state/local sales tax base, as well as industry-specific special tax treatment through exemptions or property classification. The local tax burden has shifted too far to residential property taxes due to state policy changes. We do not support changes in State taxation policy that would narrow the tax base or significantly reduce available funding for key joint State/County programs such as corrections, mental health, and public health. These changes would place the County at a further competitive disadvantage with state of Missouri. We do not support a sales tax on professional services. (Added in 2012, 2016)

COMPREHENSIVE TRANSPORTATION PLAN

To ensure the critical well-being of Kansas infrastructure, we urge the Kansas Legislature to follow through on the commitments in the Comprehensive Transportation Plan, also known as T-WORKS. The current funding level is far from adequate to address ongoing statewide infrastructure funding needs in areas of preservation, maintenance, and safety; therefore, it is critical for our state highway funds to be used for the purpose they are collected. Funds should be allocated strategically to ensure there is an identifiable long-term return on investment for the entire state. Additionally, because Investment in growth areas is vital to creating a sustainable revenue stream that will address statewide infrastructure needs, we encourage the state to invest in public transportation that specifically demonstrates regional coordination in both rural and urban areas, and to support innovative platforms like ridesharing to increase access to employment and educational opportunities, as well as ease congestion and delay the need for costly road expansion. (Added in 2010, 2016, 2017)

JOHNSON COUNTY GOVERNMENT AND CITIES JOINT 2017 LEGISLATIVE PLATFORM

Adopted November 17, 2016

STATUTORY PASS-THROUGH FUNDING

We call for the preservation of local government revenues which pass through the State of Kansas’ treasury. These funds come from a longstanding partnership between local governments and the State and are generated via economic activity at the local level. Both alcoholic liquor tax funds and the local portion of motor fuels taxes should not be withheld from local governments and siphoned into the State General Fund. The Kansas Government’s use of these local funding sources may benefit the State, but it will increase the local property tax burden to replace the lost revenue or reduce services. Local governments in recent years have had to cope with the Kansas Legislature not funding Local Ad Valorem Tax Reduction (LAVTRF), County City Revenue Sharing (CCRS) demand transfers, and the machinery and equipment property tax “slider” and should not be forced to further aid in balancing the State’s budget. Since 1997, more than $1.8 billion in formula demand transfers from the State to local governments have not been made. LAVTR dates back to the 1930s with the existing statutory framework being established in 1965. LAVTR represents the local share of certain cigarette revenue, stamp taxes and cereal malt beverages taxes that the state removed in exchange for the commitment to fund the LAVTR. CCRS was established in 1978 as part of an agreement between the state and local governments regarding a number of different taxes related to cigarette and liquor enforcement. (Added in 2010, 2016)

KPERS FUNDING

We support achieving a fully-funded public employees retirement system within a reasonable period of time. The Kansas Government should fully fund its portion of the employer contributions at the Actuarial Required Contribution (ARC), and the local KPERS should be separated from the state and school retirement system. We support the state making its 2016 re-payment with interest as soon as possible. If any delays in scheduled 2017 re- payment(s) are made, then these re-payment(s) should be made with interest. The system should accumulate sufficient assets during members’ working lifetimes to pay all promised benefits when members retire. Additionally, we support current provisions as they relate to accumulated leave and other human resources policies to determine a retiree’s benefit. Possible policy changes could have a negative impact on local government employee recruitment and retention, particularly in competitive employment markets. (Added in 2010, 2016, 2017)

STATEWIDE EXPANSION OF MEDICAID

Johnson County supports Medicaid expansion through KanCare in Kansas. Providing Medicaid is the responsibility of the state and federal government. The decision to limit Medicaid expansion has an impact on the citizens of Johnson County absent the state’s participation in Medicaid expansion, county taxpayers are required to pay for these services that would otherwise be covered by Medicaid. Through local tax revenue, Johnson County provides approximately $6.4 million in charitable care for mental health services and over $2.2 million in uncompensated care for Med-Act services (approximately 1 mill) that could be significantly reduced by Medicaid expansion. (Added in 2014, 0217) DEVELOPMENT OF A COMPREHENSIVE ECONOMIC DEVELOPMENT PLAN FOR THE STATE OF KANSAS

We strongly encourage the State of Kansas to develop a comprehensive plan to foster and enhance the State’s fledgling economy. Toward this end and in the absence of a statewide effort by legislators and executive branch officials to do so, the County pledges support to bring proven statewide organizations and educational institutions together to create such a plan. (Added in 2017)

LOCAL CONTROL OF RIGHT OF WAY

2016 Legislation granting the automatic placement of cell towers in city and county owned right of way, should be repealed. Regulation of the placement of cell towers should be subject to reasonable local zoning processes which review important community values such as safety and neighborhood concerns. (Added in 2017)

Item Number: DISCUSSION ITEMS- I.-6. CommitteeMeeting Date:

11/21/2016

City of Roeland ParkAction Item Summary

Date: 11/18/2016 Submitted By: Sheri McNeil Committee/Department:

Title: Discussion- NEACC Interlocal Agreement for Animal Control(est. time 10 min.)

Item Type: Discussion

Recommendation:

Details:

The agreement terms are the same as in previous years. The agreement is set up to cover a four year period, however the City can exit the agreement byproviding 4 months notice prior to the calendar year end. The attached agreement has been reviewed and approved as to form by the City Attorney.

How does item relate to Strategic Plan?

How does item benefit Community for all Ages?

ATTACHMENTS:Description TypeNEAC Agreement Cover Memo

DB02/0102831.0004/9869045.1 1

CITY OF ROELAND PARK, KANSAS

Ordinance No. 946 AN ORDINANCE PROVIDING FOR THE COOPERATIVE ESTABLISHMENT OF AN ANIMAL CONTROL COMMISSION BY CERTAIN JOHNSON COUNTY KANSAS CITIES; PROVIDING FOR FINANCING, POWERS, DURATION, PURPOSES, AND TERMINATION THEREOF. WHEREAS, the governing body of the City of Roeland Park, Kansas, deems it advisable and necessary that this city and other cities of Johnson County, Kansas adequately control the problems of dead and uncontrolled domestic and wild animals on the streets or roaming at large within said city. The Governing Body further finds that it is necessary and proper and beneficial to said city to join together with other cities to form a cooperative animal control program for certain Johnson County cities. For the purpose of a better animal control service to all participating cities at the lowest possible costs, the governing body agrees to mutual animal control participation with other cities. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ROELAND PARK, KANSAS: SECTION 1- The City of Roeland Park, Kansas, join with at least two (2) other adopting cities to establish a Johnson County Animal Control Commission, as authorized by K.S.A. 12-2908. SECTION 2 - The Mayor or City Administrator and the City Clerk of the City of Roeland Park, Kansas are hereby authorized, directed and empowered to execute and contract with other adopting cities an agreement providing for cooperative establishment of the NORTHEAST ANIMAL CONTROL COMMISSION. Said agreement to be substantially as set out hereinafter, to-wit: AN AGREEMENT PROVIDING FOR THE COOPERATIVE ESTABLISHMENT OF THE JOHNSON COUNTY ANIMAL CONTROL COMMISSION BY JOHNSON COUNTY CITIES. This agreement made and entered into by and between the undersigned cities located in the County of Johnson, State of Kansas; FAIRWAY_________________________ _________________________ ________ (Mayor or City Administrator) (City Clerk) (Date)

MISSION__________________________ _________________________ ________ (Mayor or City Administrator) (City Clerk) (Date)

DB02/0102831.0004/9869045.1 2

MISSION _________________________ _________________________ ________ WOODS (Mayor or City Administrator) (City Clerk) (Date)

ROELAND_________________________ _________________________ ________ PARK (Mayor or City Administrator) (City Clerk) (Date)

WESTWOOD_________________________ _______________________ ________ (Mayor or City Administrator) (City Clerk) (Date)

WESTWOOD________________________ _______________________ ________ HILLS (Mayor or City Administrator) (City Clerk) (Date)

WITHNESSETH that said cities, parties hereto, hereby agree that there shall be and there is hereby created an Animal Control Commission to certain participating cities located in Johnson County, Kansas, which are parties to this agreement. The animal control commission to be known by the name and style of “NORTHEAST ANIMAL CONTROL COMMISSION,” upon the terms and conditions herein after stated.

ARTICLE I. Members, Appointments, Terms

1. The Mayor or City Administrator of each participating city, with the approval of its

Governing Body, shall appoint its representative member to the Animal Control Commission as hereinafter designated.

2. Each participating city shall have one voting member and may have one

alternate member on the Commission. Either member may be an elected council member in said city. The alternate member shall have the right to vote in the absence of the voting member for a participating city. The term for the member and alternate appointed shall expire May 1st (originally May, 1st, 1983) of the appointed year and on May 1st of the following year after such appointment. Nothing herein shall prevent reappointment of any duly appointed member or alternate.

3. Any vacancy in the membership shall be filled by appointment by the

participating city for the unexpired term of the member whose position shall be vacant or vacated. Such appointment shall be by the Mayor or City Administrator of the participating city of the vacating member with the consent of its Governing Body, within sixty (60) days after the vacancy occurs.

4. The Mayor or City Administrator may remove any appointed member or alternate

during a term of appointment with the consent of the Governing Body of the participating city.

5. No appointed member or alternate of the Animal Control Commission shall

receive compensation from the NEACC for services on the commission, with the

DB02/0102831.0004/9869045.1 3

exception of the Secretary-Treasurer who may receive compensation for payroll and other services associated with that office.

ARTICLE II. Definitions as Used in this Agreement

Animal Control: Shall mean the enforcement of the animal control ordinances of the participating cities regarding the pick-up, housing, placement, or impound, either temporary or permanent, of abandoned, abused, ill, injured, neglected, unwanted or at-large domestic or wild animals and the removal from participating cities of dead animals. Enforcement: Shall mean enforcement of the requirements of the participating cities regarding pick-up and care of domestic or wild or running-at-large animals, and shall include enforcement of ordinances of the participating cities regarding penalty provisions. The kennel costs for housing, or impounding, or kenneling such animals shall be at the expense of the animal control commission. Person: Shall mean an individual, public, or private corporation, government, partnership, or unincorporated association.

ARTICLE III.

Purposes and Objectives

1. It is hereby declared that the cost and operation of Animal Control can best be effected in the participating member cities by cooperative management. By the consolidated financing of personnel, equipment, and operating costs to enforce and provide Animal Control services. To pick-up, care-for, or dispose of, where necessary, domestic and wild unwanted or at-large animals or dead or dangerous or nuisance domestic or wild animals within or outside of the boundaries of the participating cities.

2. To study and provide new or effective methods of Animal Control, to develop

and maintain communications with the Animal Control, to develop and maintain communications with the Governing Bodies and residents of the participating cities to eliminate problems of Animal Control.

ARTICLE IV Duties and Powers of the Commission

1. To organize and supervise animal control operations in participating cities

necessary to effect the animal control requirements of the participating cities.

DB02/0102831.0004/9869045.1 4

2. To prepare an annual budget for the operation of the animal control service or facilities and for the expansion and improvements thereof.

3. To receive donations, grants, or gifts. Lease or purchase real or personal

property and equipment. Hire such employees as are needed and retain professional services necessary to the operation of the animal control service. Effect such contracts or agreements with other persons to carry out the animal control program or service.

4. Hold an organizational meeting within thirty (30) days after the resolution is

effective, (originally May 1, 1983), and then quarterly thereafter, normally on the third Thursday after the close of the calendar quarter. The time and place of said meetings to be determined by the Chairperson of the animal control commission.

5. Elect from its membership at its organizational meeting and annually in July

thereafter and whenever a vacancy in the office arises, a chairperson, vice-chair person, and secretary-treasurer, to perform the duties commonly associated with their respective titles and as may be determined by the commission members.

6. Appoint and fix the membership of such commission member of standing and

temporary committees, as it may find expedient for the purpose of its duties.

7. Add, adopt, amend, alter, or discontinue by-laws and rules of procedure for the administration of business, keep records of its activities, keep audio or transcribed minutes of all meetings. All such business will be reported after each quarterly and annual meeting to the Mayor, Animal Control Commissioner and Alternate, and Chief of Police of each participating city. A complete annual activities and financial report shall be submitted to the Mayor or each participating city after January 1st of each year.

8. To work with and provide information necessary to the participating cities and

their respective police departments and municipal courts for enforcement by a participating city of the ordinances regarding animal control.

9. Select or accept from one of the participating cities a facility for a base of

operations for Animal Control personnel from within one of the police department facilities. Maintain office space, needed office equipment, utilities, maintain a record keeping and filing system and archived records, store communications equipment, and maintain other equipment as needed to perform the task of animal control. Select or accept an operations supervisor from the selected or accepted police department.

DB02/0102831.0004/9869045.1 5

ARTICLE V Commission Expenses

1. The Commission shall prepare a budget to cover the initial cost of equipment and

supplies, cost of personnel required and such other expenses needed to organize and commence operation of the Animal Control program and service. The participating cities shall pay to the Commission a “Per-Capita” contribution based upon the population figures for each participating city. The Johnson County population census figures, as set by the state, shall be used for the population count.

2. Thereafter the Secretary-Treasurer shall prepare an annual budget of

expenditures covering cost of printing, postage, and other administrative expenses, covering the cost of purchase of equipment, supplies, the employment of personnel employee benefits, and any sums needed to expand and improve the operation of the animal control program or service. Any funds on hand at the end of a budget year not reserved for equipment, ongoing operations, or personnel shall apply to the ensuing budget. The budget shall be presented to the Governing Bodies of the participating cities on or before May 1st of each year. Said budget shall be adjusted to comply with contributions agreed to by participating cities. Each participating city shall contribute annually a “Per-Capita” share as set out on the formulae in Paragraph 1., Article V., herein above. Said contribution shall be due on the (1st) day of January of each year. Any participating city that by ordinance or resolution withdraws as a member of the Commission shall forfeit any interest or funds it has paid to the Commission under this Agreement.

3. The commission has the authority to establish an increase in the annual

assessment effective immediately after the scheduled first quarter meeting. The commission shall give written notice of any such increase to each participating city. Any participating city shall have the option to terminate from said animal control program for said year by giving written notice of termination to the commission within thirty (30) days of receipt of the commission’s notice of such increase in per resident person assessment (“Per-Capita” assessment).

4. The commission reserves the right to add a special assessment to the cities for

the purposes of a capital purchase as needed. This additional revenue would be for the sole purpose of financing a replacement vehicle. The commission shall provide written notice of such special assessment to each participating city. Any participating city shall have the option to terminate from said animal control program for said year by giving written notice of termination to the commission within thirty (30) days of receipt of the commission’s notice of such special assessment.

5. Any participating city that without ordinance, resolution and proper notification to

the Commission, or for other reason fails to make their contribution by no later

DB02/0102831.0004/9869045.1 6

than the last day of February of each year shall have their cities animal control service suspended for non-payment. Suspension shall be in effect until and when such time as the city is fully contributed as required in this agreement, ordinance, or resolution.

6. The city providing the operations facility and supervisor, by either selection or

acceptance will be authorized by the Commission to receive 10% of the scheduled total base salary of the animal control officer or officers for administrative and supervision costs, with no reduction in per-capita contribution from said city.

ARTICLE VI

Duration

1. The Northeast Animal Control Commission (formerly Johnson County Animal Control Commission) shall be created when an ordinance or resolution is adopted by two or more cities (including this city) in Johnson County, Kansas and the selection and acceptance of one of the cities to provide the operations facility and supervisor. Such ordinance shall authorize the Mayor or City Administrator of said city to execute this agreement and authorize the City Clerk of said city to attest this agreement and publish it in the official city news organ.

2. The Commission thereby created shall be for a period of four (4) years from the effective date thereof, (originally May 1, 1983). Provided, however that the Northeast Animal Control Commission may be continued thereafter for additional periods of four (4) years as it is then constituted and established by further ordinance or resolution enactment by a participating city. Alternately, any participating city may then, by a year-to-year continuance of use of the service and by continued “Per-Capita” contribution maintain a “de facto” participation.

ARTICLE VII Termination

Termination of the Commission created hereby and herein shall be effected by:

1. The expiration of the term for which it was created without existing or enacted ordinances by at least two (2) participating cities of Johnson County, Kansas authorizing the Mayor or City Administrator of said cities to extend the agreement and term of the commission as aforementioned in Paragraph 2., Article VI., for an additional four (4) year period or a year-to-year basis.

2. The withdrawal of support of said Commission by ordinance or resolution of any

adopting city or cities leaving less than two (2) of the cities of Johnson County, Kansas supporting the agreement creating the Commission by ordinance or resolution.

DB02/0102831.0004/9869045.1 7

3. No participating city shall by ordinance or resolution withdraw its support, except on at least four (4) months notice prior to the end of the calendar year.

ARTICLE VIII Disposition of Assets

Immediately upon termination of the agreement by ordinance or resolution leaving less than two (2) participating cities the Commission shall cease all operations. The commission shall freeze all financial assets or financial accounts except for payment of outstanding accounts. The commission shall advertise for and receive bids for the sale of all personal, real property, or equipment in its control or ownership to the highest bidder. The proceeds from said sale and all funds remaining in the Commission’s possession shall be returned to the participating cities of the Commission during the last year immediately preceding termination in the same ratio that contributions were made to said Commission by participating cities during the last year preceding termination.

ARTICLE IX

Effective Agreement

This agreement shall take effect and be in force from the date of publication in the official city newspaper and after the execution and signing thereof by the Mayors or City Administrator by at least two (2) adopting cities and the attestation thereof by the City Clerk of each adopting city. Further, this agreement shall rescind and supersede any previous agreement, contract, or document pertaining to the Northeast Animal Control Commission and the Animal Control service provided. SECTION 3. - This ordinance shall take effect upon publication in the official city

newspaper. PASSED by the City Council this 21st day of November, 2016. APPROVED

by the Mayor. ____________________________ Keith Moody, City Administrator

ATTEST: _________________________ Kelley Bohon, City Clerk APPROVED AS TO FORM: __________________________ Neil R. Shortlidge, City Attorney

Item Number: DISCUSSION ITEMS- I.-7. CommitteeMeeting Date:

11/21/2016

City of Roeland ParkAction Item Summary

Date: 11/18/2016 Submitted By: Becky Fast Committee/Department: Admin.Title: Task Force Pool Advisory Board (est. time 10 min.)Item Type: Discussion

Recommendation:

Staff recommends establishing a formal committee to lead this public discussion.

Details:

Councilor Fast has prepared a memo and it is attached. The following information is provided by staff. The agreement with Johnson County Parks andRecreation for the operation of the Aquatics Center ends on 1/1/19. JCPRD has indicated thatalthough they would be willing to continue to manage the Aquatics center they do not wish to do sounder the current agreement terms which hold them 50% responsible for annual operating lossesas well as 50% responsible for capital items. The facility currently operates with an annual loss of$400,000 and capital replacements have escalated as the pool ages (18 years old currently). An in depth discussion concerning future operation of the Aquatics Center is necessary and shouldinvolve the public at large as well as the groups that benefit from and support the facility. TheCouncil's recently adopted policy on Task Groups and Ad Hoc Committees is attached forreference. Below is a list of the primary user groups of the facility and the contact person for that group. Itwould be beneficial to have these groups involved in the descussions as well as somerepresentatives from these groups be part of the formal committee. It would also make sense tohave a member of JCPRD's Board be on the Committee along with a city staff member, a cityelected official and a couple of citizens. The group should consider total use of the facility duringthe winter season, look at Roeland Park residents as a percentage of this use, identify the net

income from just operating the pool during the summer compared to net income operating the poolyear round and provide a recommendation on how operation should be structured in the futurebased on financial committments from the groups wich use the facility. Kansas City Blazers (a JCPRD program)- Head Coach Gardner Howland Bishop Miege High School- Head Coach Dennis Mueller (pronounced Miller) Masters Swimmers (a JCPRD program)- Coach Josie Palmerin Water Polo (a JCPRD program)- Jennifer Delaney Attig All other programming is coordinated by JCPRD, including aqua classes, JCPRD day camps, daycare groups, birthday parties, etc. Shawnee Mission North High School has some special needs students that also use the facility,they pay a group rate but do not have a contract. A recommendation from the Committee should be provided no later than December 2017.

How does item relate to Strategic Plan?

How does item benefit Community for all Ages?

Additional Information

JCPRD are working on information requested from the City that identifies the number of RoelandPark users of the aquatic center (either as direct members or through one of the user groups). They are also working on segregating revenues and expenditures into the appropriate seasons(summer vs balance of year).

ATTACHMENTS:Description TypeTask Group and Ad Hoc Committees Cover Memo

Fast Memo- Aquatics Task Group Backup Material

Task Group Description Backup Material

MEMORANDUM

TO: GOVERNING BODY

FROM: BECKY FAST

SUBJECT: CREATION OF A TASK GROUP - RP AQUATIC CENTER ADVISORY TASK GROUP

DATE: NOVEMBER 17, 2016

Purpose:

To hold a series of public meetings starting in January 2017 to analyze financial aspects of Roeland Park’s current and long-term aquatic center needs through assistance of City Staff and JCPR Staff and gather input from key user groups and Roeland Park residents.

Goals:

To provide a forum for discussion and review of current aquatic programs, to determine needs, and submit recommendations pertaining to aquatic center programs, policies, or user needs to the Governing Body.

The task group will review current uses and practices as they relate to the aquatic center and report its findings to the Governing Body at a City Council or Workshop meeting upon the conclusion of its research.

Membership (Up to four councilors):

Councilors: Becky Fast, Sheri McNeil, Tim Janssen, Teresa Kelly

Representatives from Key User Groups:

1) Kansas City Blazers Program

2) Bishop Miege Swimming Program

3) Kansas City Master’s Program

4) Roeland Park Stingrays

5) Kansas City Water Polo Team

6) Horizon and Roseland School Swimming

7) Learn to Swim Program participants

8) Water exercise and lap swimming participants

9) Summer individual and family users

Page 1

ARTICLE 15. - TASK GROUPS

Sec. 1-1501. - Purpose.

Task Groups shall be task- or topic-based. The duration of the task group shall be as long as needed to complete the work.

(Ord. No. 930, § 9, 6-20-2016)

Sec. 1-1502. - Creation and Establishment.

Task groups shall be established by the Governing Body, with the approval of the consensus of a majority of the Governing Body members present at a workshop meeting. Task groups shall consist of up to four members of the Governing Body.

(Ord. No. 930, § 10, 6-20-2016)

Sec. 1-1503. - Compensation.

Members of task groups shall serve without compensation.

(Ord. No. 930, § 11, 6-20-2016)

Sec. 1-1504. - Duties and Responsibilities.

It shall be the duty of a task group to review current uses and practices as they relate to the task or topic for which the task group was established. The task group shall report its findings to the Governing Body at a City Council or Workshop meeting upon the conclusion of its research. As deemed appropriate by the Governing Body, a task group may rely upon City Staff for information or resources.

(Ord. No. 930, § 12, 6-20-2016)

Sec. 1-1505. - Advisors.

The City Council may designate or employ, with or without compensation, such advisors to a task group as the City Council shall hereafter determine to be necessary and advisable to accomplish the purposes for which the task group was established.

(Ord. No. 930, § 13, 6-20-2016)

Sec. 1-1506. - Meetings.

Meetings of task groups shall be informal and no officers shall be established for task groups. No minutes of task group meetings shall be required. Meetings of the task group shall be subject to the requirements of the Kansas Open Meetings Act.

(Ord. No. 930, § 14, 6-20-2016)

Page 2

Sec. 1-1507. - Code of Ethics.

The Code of Ethics for Elective and Appointed Offices, as adopted pursuant to Charter Ordinance No. 29, and any amendments thereto, shall apply to the members of any task group.

(Ord. No. 930, § 15, 6-20-2016)