City Council

City Council Agenda City Hall, 9001 W. 62nd Street September 9, 2024 - 7:00 PM If you require any accommodation (i.e. qualified interpreter, large print, reader, hearing assistance) in order to attend this meeting, please notify the Administrative Office at 913-322-5500 no later than 24 hours prior to the beginning of the meeting. I. CALL TO ORDER - PLEDGE OF ALLEGIANCE II. ROLL CALL III. PUBLIC ITEMS Members of the public are encouraged to use this time to make comments about matters that do not appear on the agenda. Comments about items on the regular agenda will be taken as each item is considered. Please note: individuals making Public Comments will be limited to 5 minutes. In accordance with the Governing Body Rules of Procedure, the City reserves the right to refuse Public Comments that are personal, impertinent or slanderous. IV. CONSENT AGENDA All items listed under the heading are considered to be routine by the City Council and may be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which case that item will be removed from the Consent Agenda and considered separate. 1. Consider approval of the minutes of the City Council meeting held August 26, 2024. City Council - Aug 26 2024 - Minutes - Pdf V. MAYOR'S REPORT 1. Proclamation - National Co-Responder Week 2. Proclamation - Hispanic Heritage Month VI. COUNCIL ITEMS 1. Consider a resolution updating authorized officers for the City of Merriam's Municipal Investment Pool Item Information Form - MIP Authorized User Resolution - Pdf 2. Approve a change order with Central Industrial Sheet Metal Works, Inc. for rework of the exterior sunshade at City Hall Item Information Form - Change Order for City Hall Rework of Sunshade - Pdf 3. Consider approval of an Agreement with Johnson County for funding for the 2023 Merriam Pipe Repair Stormwater System Renewal Project. Item Information Form - Agreement for Stormwater Reimbursement - Pdf 4. Consider approval of a Professional Services Agreement with HNTB Corporation for a Preliminary Engineering Study for the Shawnee Mission Parkway I-35 interchange. Item Information Form - Preliminary Engineering Study for SMP and I-35 Interchange - Pdf VII. STAFF/INFORMATIONAL ITEMS 1. September CIP Update Memo - September CIP Update - Pdf A. Informational Items 1. Parks & Recreation Advisory Board - Aug 27 2024 - Minutes - Pdf VIII. EXECUTIVE SESSION IX. ADJOURNMENT Respectfully submitted, Juliana Pinnick City Clerk  MINUTES City Council Meeting City of Merriam, Kansas Monday, August 26, 2024 7:00 PM City Hall, 9001 W. 62nd Street I. CALL TO ORDER - PLEDGE OF ALLEGIANCE Mayor Pro-Tem Christine Hands called the meeting to order at 7:00 PM II. ROLL CALL Council Present: Staff Present: Jacob Laha Juli Pinnick, City Clerk Jason Silvers Caitlin Gard, Assistant City Administrator Amy Rider Alan Long, Fire Chief Whitney Yadrich Bryan P. Dyer, Community Development Director Chris Evans Hands Chris Engel, City Administrator Bruce Kaldahl Darren McLaughlin, Police Chief Staci Chivetta Dave Smothers, Assistant Parks and Recreation Director Council Absent: Jenna Gant, Communication/Public Engagement Bob Pape Manager David Neal Ryan Denk, City Attorney Lauren Krivoshia, Assistant to the City Administrator III. PUBLIC ITEMS Members of the public are encouraged to use this time to make comments about matters that do not appear on the agenda. Comments about items on the regular agenda will be taken as each item is considered. Please note: Individuals making Public Comments will be limited to 5 minutes. In accordance with the Governing Body Rules of Procedure, the City reserves the right to refuse Public Comments that are personal, impertinent or slanderous. IV. CONSENT AGENDA 1. Consider approval of the minutes of the City Council meeting held August 12, 2024. 2. Consider accepting the dedication of easements shown on the Merriam Gardens Final Plat. (PA24-000002) Councilmember Silvers made a motion to approve consent agenda items 1-2. Page 1 of 10 City Council Minutes – August 26, 2024 Councilmember Yadrich seconded and the motion was unanimously APPROVED. V. MAYOR'S REPORT Mayor Pro-tem Hands provided an update of events and activities attended by councilmembers over the past two weeks. VI. PLANNING COMMISSION 1. Consider approval of a preliminary development plan for the MAK Retail Center (PUD24-000005) in a Planned Unit Development-General (PUD-G) District located at 10270 W. 75th Street. Community Development Director Bryan Dyer provided the background for this item. The property owner and applicant, MAK Retail LLC, represented by Dana Blay, DBL Architects, Inc., is requesting approval of a preliminary development plan for the installation of three fuel stations to be operated by a future convenience store at 10270 W. 75th Street. The proposed installation and resulting loss of parking spaces is a significant change from the site’s recently approved final development plan (PUD20- 000005). Because of this significant change, the Planning Commission and City Council must consider a preliminary development plan for the installation of fuel stations at the subject property. The subject property was rezoned from Retail Commercial (C-2) District to a Planned Unit Development – General (PUD-G) District in 1984 (6686-84) and 1985 (6703-85). The 1985 rezoning included the approval of an associated development plan. The approved development plan showed the development of a building with 5,700 square feet of retail/banking and 2,585 square feet for a convenience store. Additionally, the development plan included the installation of two fuel stations for the convenience store. The development plan approved in 1985 originally showed the retail/banking square footage as a restaurant use. However, in response to Planning Commission’s concerns over the lack of parking, restaurant use was replaced by retail/banking use and the development plan was approved. Following the approval of the rezoning and development plan, the building and associated fuel stations were constructed. In 2003, the fuel stations and underground tanks were removed and the property was sold to a new owner. A number of different retail businesses occupied the building following the removal of the fuel stations. During that time the configuration of the development did not significantly change. In 2020, the Planning Commission approved the then property owner’s request for a final development plan (PUD20-000005) for a restaurant use in the space that was originally constructed for the convenience store. The remaining portion of the building was occupied by retail uses. Based on Merriam Code parking requirements, the proposed restaurant use and the existing retail uses needed 45 parking spaces. The Page 2 of 10 City Council Minutes – August 26, 2024 approved final development plan showed 45 parking spaces being provided. The restaurant space was not occupied; however, the subject property was striped per the approved final development plan. The current property owner, MAK Retail, LLC purchased the property in 2023 and submitted this request for approval of a preliminary development plan for the installation of three fuel stations for the proposed convenience store. The installation of the three fuel stations eliminates 17 existing parking spaces. The Switzer Park Final Plat (PA24-000001) associated with this request is on this City Council agenda. The proposed development plan provides 35 spaces, which does not meet the 38 parking spaces required by Merriam Code. The development plan provides significant site improvements in the form of increased landscaping, replacing the existing chainlink fencing with wrought iron, removing the pole sign, installing a trash enclosure, providing additional right-of-way for Switzer Road, and access management for W. 75th Street in the form of a right-in/right-out from the development. The subject property is zoned appropriately for the existing and proposed retail uses. The convenience store use does not require Planning Commission or City Council approval. The only city approval necessary for the operation of the convenience store is the issuance of a building permit for the interior renovations. Therefore, the Planning Commission and City Council are only reviewing if the preliminary development plan for the installation of the fuel stations meets Merriam Code design criteria, not if the existing and/or proposed retail uses are appropriate for the subject property. As proposed, the preliminary development plan will have a number of positives for the subject property including increased landscaping, replacing the existing chainlink fencing with wrought iron, removing the non-conforming pole sign, installing a trash enclosure, providing additional right-of-way for Switzer Road, and access management for W. 75th Street in the form of a right-in/right-out to the development. The proposed preliminary development plan does not provide the Merriam Code required number of parking spaces. Community Development staff’s recommended condition of approval to remove one fueling station brings the number of provided parking spaces to 38, which meets Merriam Code requirements. Additionally, it brings the development in line with the number of fueling stations that were originally approved in 1985. Based on the number of positives that the proposed preliminary development plan will have for the subject property, Community Development staff recommends approval, with conditions, of the preliminary development plan. On August 7, 2024, the Planning Commission held a public hearing, there were no public comments, and based on the information supplied by the applicant, as well as the criteria outlined in the Merriam Code and Staff Report, unanimously recommended approval of the MAK Retail Center preliminary development plan, with the following Page 3 of 10 City Council Minutes – August 26, 2024 conditions:  The Community Development Director can administratively approve the final development plan.  The final development plan show the removal of the east fuel station and the area be striped for parking spaces.  The configuration of the right-in/right-out W. 75th Street access point shown on the final development plan be revised to meet the City Engineer’s approval.  The Switzer Park Final Plat must be filed with the Johnson County prior to the issuance of building permits for the installation of the fuel stations. The existing pole sign at the corner of W. 75th Street and Switzer Road must be removed prior to the certificate of occupancy (permit closeout) for the fuel stations. The final development plan show the dedication of 30 feet of right of way for Switzer Road and utility easements shown on the Switzer Park Final Plat. Staff has provided a draft ordinance for the City Council’s consideration based upon the Planning Commission’s recommendation and conditions of approval. Councilmember Kaldahl expressed concern with the entrance and exit of the site with the right in/right out configuration and feels that will cause traffic issues. Councilmember Yadrich made a motion that the council concur with the recommendation of the Planning Commission and approve, with conditions, a preliminary development plan for MAK Retail Center in a Planned Unit Development – General (PUD-G) District located at 10270 W. 75th Street and authorize the Mayor to sign the effectuating ordinance. Councilmember Chivetta seconded and the motion was APPROVED 6-1. Councilmember Kaldahl voted nay. 2. Consider accepting the dedication of right-of-way and easements shown on the Switzer Park Final Plat. (PA24-000002) Community Development Director Bray dyer provided the background for this item. The property owner and applicant, MAK Retail LLC, represented by Dana Blay, DBL Architects, Inc., is requesting approval of the Switzer Park Final Plat to create one new lot. The subject property is located at 10270 W. 75th Street and is unplatted. The purpose of the final plat is to facilitate the installation of fuel stations for a proposed convenience store to be located on the subject property. The MAK Retail Center Preliminary Development Plan (PUD24-000005) associated with this final plat is on this City Council agenda. The proposed plat consists of one lot (Lot 1) that is 0.92 Acres or 39,999 sq. ft. The proposed lot meets the minimum bulk and dimension requirements for a PUD-G (Planned Unit Development – General) District and generally corresponds with the associated preliminary development plan. Page 4 of 10 City Council Minutes – August 26, 2024 Merriam Code designates Switzer Road as a collector street requiring at least 60 feet of total dedicated right-of-way or 30 feet from the centerline of the street. The proposed plat dedicates 30 feet of right of right way from the east side of centerline of Switzer Road. The west side of Switzer Road is located in the City of Shawnee. Merriam Code designates W. 75th Street as an arterial street requiring 80 feet of total right of way or 40 feet of right of way from the centerline of the street. The plat dedicates 40 feet of right from the north side of W. 75th Street. The south side of W. 75th Street is located in the City of Overland Park. The plat provides a five foot perimeter utility easement around Lot 1. Councilmember Yadrich made a motion that the council accept the dedication of right-of-way and easements shown on the Switzer Park. Councilmember Rider seconded and the motion was unanimously APPROVED. VII. PUBLIC HEARING 1. Conduct a Public Hearing to consider a Resolution of Intent to Organize Waste Collection Service Assistant City Administrator Caitlin Gard presented an overview of the organized waste collection service process including the timeline. At the July 8, 2024, meeting, the City Council directed staff to move forward with the process for establishing organized collection service for residential trash, recycling, and yard waste, based on the results of the 2024 Community Survey. Included in those survey results, 65% of the Merriam residents indicated they either agreed or strongly agreed that Merriam should implement a City-wide contract to provide trash/recycling services. The Organized Collection Service Act, K.S.A. 12-2034, et seq. sets forth a procedure for a municipality to establish an organized collection service. The first step is to hold a public hearing to receive comments on the City of Merriam's intent to organize waste collection service, followed by the adoption of a Resolution of Intent. Tonight is the public hearing for this process, and by statute, a 30 day waiting period is required after the public hearing. The Resolution of Intent will be considered at the October 14, 2024, City Council Meeting. In accordance with the Organized Collection Service Act, K.S.A. 12-2034, the notice of public hearing, including the Resolution of Intent, for tonight's meeting was published in the City's newspaper of record on Tuesday, July 16, 2024. In addition to publishing in the City's newspaper of record, the information regarding the public hearing was included in the City's Fall Highlights magazine, a webpage was created to intake community feedback, and posted on all social media platforms. The public hearing does not commit the City of Merriam to proceeding with the organization process, it simply provides the formal opportunity for residents to be heard. No action will be taken on this item, and this process can be stopped by the Governing Body at any time. Details of the plan have not been established. There are Page 5 of 10 City Council Minutes – August 26, 2024 no rates established, no hauler has been selected and no pickup day has ben established. These details would be part of the Organized Collection Plan which has not been developed at this time. The Collection Plan will be developed with a committee of residents, staff and councilmembers. The Plan will go out for bid and once those bids are received and a hauler is selected, that is when the rate structure will be known. Mayor Pro-tem Hands opened the Public Hearing at 7:48 pm. Janet Sperry, 6309 Goodman, commented that she is concerned if the trash can screening requirements are going to change if the single hauler plan goes through. She has currently contracted with a trash hauler that provides smaller bins as her home, garage and yard aren't able to accommodate the large trash and recycling bins provided by the haulers. She gave up recycling as she has no room for both bins on her property. Len Field, 6400 Hadley, commented that he feels going with a single hauler is a good idea. There are several trash trucks each week going in and out of his neighborhood. He supports a single hauler plan. Mark Peckham, 6600 Antioch, commented that while he agrees a single hauler would help with traffic and wear and tear on the streets, his concern with a single hauler is the risk of trash not being picked up if there are issues with that hauler. Examples would include a labor dispute, a facility fire, or natural disaster. He also feels that smaller waste haulers may not be able to bid on the contract due to the number of resident pickups they are required to do. He suggested dividing the city into different zones and having a different hauler for those zones. Steven Allen, 5031 Farley, commented that his concern with a single hauler is collection issues, similar to issues that occurred last year with a certain hauler. A neighboring city fined a trash hauler thousands of dollars in penalties for failure to collect. He hopes the plan will have a mechanism to fine the hauler for missed and/or non-pickups. He does not support a single hauler as he can currently go with a different hauler if he is unhappy with the service. Lester Meharry, 10108 W. 70th St., commented that he is concerned what type of performance measures will be in place. Prairie Village recently fined a trash hauler for failure to pickup. He also was unsure about who to contact when there is an issue, how long will the contract be, and how is it determined who gets the contract. Ruben Cozmyer, 5800 Hadley, commented that he supports single hauler trash service. Cost is the main concern for him as he now pays $504/yr. for trash service. In looking at other cities like Fairway and Prairie Village, those residents pay around $190-$230/yr. This is less than half of his current bill. He feels this is a good reason to go with single hauler. Shopping for a cheaper hauler every few years would no longer be needed with a single hauler. Page 6 of 10 City Council Minutes – August 26, 2024 Rose Gerringer, 9931 W. 53rd St., commented that she has questions regarding the single hauler being optional for residents and does this include commercial services. She commented that there may be hidden costs associated with a single hauler. An example is staff time to take the complaint calls and administer the program. Billy Croan, 6633 Wedd St. commented that a single hauler is socialized service and he does not want that. There is a line item in the budget for a staff person to administer the program. He does not want government in the trash business. He supports free market and feels a single hauler puts the city at risk for pickup issues. DK Weamer, 4803 Knox, commented that she does not favor the single hauler proposal as it hurts competition with smaller companies. She previously had single hauler in Wyandotte County and the cost was very high, so in her experience single hauler is not cheaper. She feels there are too many unknowns at this point to be able to determine if this is a good thing. Jim Stanker, 6423 Hadley, commented that he is in favor of a single hauler. He feels that the city will do their due diligence and 5,000 customers have a lot more clout than an individual trying to resolve an issue. He sees many trucks in his neighborhood all week and with one trash truck equal to 2,500 cars, the trash trucks can cause a lot of harm, so less trucks will benefit many things. Having one hauler makes things easy for new residents as well as all residents. There being no further public comments, Mayor Pro-Tem Hands closed the public comments at 8:10 pm. VIII. PUBLIC HEARING 1. Consider a Resolution to Exceed the Revenue Neutral Rate City Administrator Chris Engel provided the background for this item. Approval of the proposed resolution will allow the City to exceed the Revenue Neutral Rate (RNR) of 21.168. The RNR is the rate that would provide the exact same amount of property tax as the previous year. The RNR provides no allowance for CPI growth or for new construction. Staff recommends a 2025 mill levy rate of 26.665 with a resulting tax levy of $7,745,328. Prior Rates 2021 rate for 2022 budget 27.665 2022 rate for 2023 budget 27.665 2023 rate for 2024 budget 22.929* 2024 rate for 2025 budget 26.665 Page 7 of 10 City Council Minutes – August 26, 2024 Mayor Pro-Tem Hands opened the Public Hearing at 8:21 pm. Billy Croan, 6633 Wedd St., commented that last year there was a major error which lowered the mill levy to 21.12 and the city still managed to purchase property in the amount of $3 million for the creek project. He feels that the mill levy could be at the Revenue Neutral Rate and there would be no reduction in city services. Steven Allen, 5031 Farley, commented that he prefers the Revenue Neutral Rate for the mill levy. His main concern is setting a mill rate that will maintain the budget and not grow the budget. Ruben Cozmyer, 5800 Hadley, commented that he is curious as to how the new mill levy will affect his property tax bill. Rose Gerringer, 9931 W. 56th St., commented that she wanted to commend city staff for maintaining excellent services this year after the error last year that lowered collections by $1.5 million. A constant mill rate still results in more money for the city as property assessments increase. The city purchased properties in the amount of $3 million last year, for the creek project. She indiacted that maybe the city could do just fine with a lower mill rate, as there was no impact to services last year with a lower mill rate. There being no further public comments, the Public Hearing closed at 8:30 pm. Councilmember Yadrich made a motion to approve a resolution to exceed the Revenue Neutral Rate Councilmember Chivetta seconded and the motion was unanimously APPROVED. IX. PUBLIC HEARING 1. Consider a Resolution to Adopt the 2025 Operating Budget City Administrator Chris Engel provided the background for this item. Approval of the proposed resolution will adopt the 2025 Budget, which grants expenditure authority of $87,522,819, including: Operating expenditures of $22,791,641 Capital expenditures of $16,699,291 Interfund transfers of $6,083,618 Budgeted reserves of $41,948,268 Approval of the budget formally approves the Compensation Plan (salary ranges), Authorized Positions (staffing levels), and the 2025-2029 Capital Improvement Program. Mayor Pro-tem Hands opened the Public Hearing at 8:40 pm. Page 8 of 10 City Council Minutes – August 26, 2024 Steven Allen, 5031 Farley commented, that from looking at the budget overview that the reserves are $2 million higher than the total expenses for the year. He feels that the reserves could be reduced and then the mill levy could be lowered. Billy Croan, 6633 Wedd St. commented, that in past years there has been a council goal about controlling budget growth. Currently, he does not see that listed as a council goal. He wishes that budget growth control was a council goal and objective. There being no further public comments, the Public Hearing closed at 8:43 pm. Councilmember Yadrich made a motion approve a resolution to adopt the 2025 Operating Budget. Councilmember Silvers seconded and the motion was unanimously APPROVED. X. COUNCIL ITEMS XI. STAFF/INFORMATIONAL ITEMS 1. Monthly Finance Report City Administrator Chris Engel reviewed the July Finance Report. 2. Community Development Update Community Development Director Bryan Dyer provided the following updates: The 2024 grant cycle is wrapping up with nearly all of the grant funds for the Exterior Home Grant have been expended. The $65,000 in the Sustainability Grant program has disbursed $65,000 and the Property Tax Rebate Grants have disbursed nearly $42,000 back to eligible residents. A. INFORMATIONAL ITEMS 1. Public Art Committee minutes were included in the Agenda Packet. XII. EXECUTIVE SESSION XIII. ADJOURNMENT There being no further business to come before the council, Councilmember Yadrich moved to adjourn at 8:50 pm. Councilmember Silvers seconded and the motion was unanimously APPROVED. Respectfully submitted, Juliana Pinnick Page 9 of 10 City Council Minutes – August 26, 2024 City Clerk Page 10 of 10  City of Merriam ,.Proclamation WHEREAS, the Johnson County Mental Health Center's Co-Responder Program was established in 2011 to embed mental health clinicians with law enforcement agencies to respond together to individuals in crisis, providing the right intervention at the right time and connecting individuals to appropriate resources; and WHEREAS, Merriam started partnering with Johnson County's Co-Responder Program in 2017 to address the rising demand for mental health and substance abuse calls of service; and WHEREAS, mental health and substance use challenges can lead to homelessness, prison, and emergency room visits, which are costlier for communities than early interventions and connections to behavioral health services; and WHEREAS, today, the Co-Responder Program has 21 co-responder positions and 15 partnerships with local law enforcement agencies; and WHEREAS, Merriam has hired two co-responders in partnership with Northeast Johnson County cities to aid with mental health-related calls and to let individuals know about programs across the metro area to help them with their needs . NOW, THEREFORE, in recognition of their service to our community, I, Bob Pape, by the virtue of the authority vested in me as the Mayor of Merriam, Kansas, do hereby proclaim September 15-21, 2024 as National Co-Responder Week Proclaimed on the 9th day of September 2024. Bob Pape, Mayor ;;;z:£qf1(JL~ ,(/( Juliana Pinnick, City Clerk  City of Merriam .. Proclamation WHEREAS, Hispanic Heritage Week started in 1968 under President Lyndon Johnson and was expanded by President Ronald Reagan in 1988 to cover 30 days starting September 15 to observe Hispanic Heritage Month; and WHEREAS, Hispanic Heritage Month celebrates t he histories, cultures, and contributions of th ose whose ancestors were Indigenous to North America as well as Spain, Mexico, the Caribbean, and Central and South America; and WHEREAS, Hispanic Heritage Month recognizes the achievements and contributions of Hispanic Americans and creates awareness of the significant strides of Hispanics in the economic and social growth of the United St ates; and WHEREAS, Hispanic Heritage Month is tied to the celebration of the rich tapestry of our community and reflects an array of distinct cultures; and WHEREAS, the City of Merriam is a welcoming and inclusive community dedicated to improving the quality of life for those we serve. NOW, THEREFORE, I, Bob Pape, by the virtue of the authority vested in me as the Mayor of Merriam, Kansas, do hereby proclaim September 15 to October 15, 2024 as Hispanic Heritage Month Proclaimed on the 9th day of September 2024. Bob Pape, Mayor ;;?;J:C?t<4<-~ 4c Juliana Pinnick, City Clerk  Item Information Form Subject/Agenda Item: Consider a resolution updating authorized officers for the City of Merriam's Municipal Investment Pool Submitted By: Caitlin Gard, Assistant City Administrator Meeting Date: September 09, 2024 Project Background/Description: The City of Merriam occasionally has idle funds beyond what is needed to pay current obligations. To maximize the benefit of these idle funds, the State of Kansas allows them to be invested in a way that gives us a good return, while still keeping the funds safe and accessible. The State of Kansas' Pooled Money Investment Board manages a public investment fund called the Municipal Investment Pool (MIP). K.S.A. 12-1675 outlines the details of this process. As a part of the Municipal Investment Pool, the Governing Body has to identify staff who are authorized to manage the funds in the account. Managing the funds consist of transferring money for investment, withdrawing funds, and take any other necessary actions related to the investment. Staff is requesting that Assistant City Administrator Caitlin Gard and Accountant Michael Larkin are named as the authorized officer's of the City of Merriam's MIP. The resolution doing so is attached. City Council Goals and Objectives: 4.0 Maintain Economic Vitality 4.4 Promote a diverse revenue structure and maintain adequate reserves. Recommended Motion: Staff recommends adopting Resolution XXXX, that names Assistant City Administrator Caitlin Gard and Accountant Michael Larkin as the authorized officer's of the City of Merriam's Municipal Investment Pool. Supporting Documents: Resolution Municipal Investment Pool  Resolution No. State of Kansas Municipal Investment Pool WHEREAS, the undersigned is a municipality (the “Depositor”), as defined in K.S.A. 12-1675, as amended, and from time to time has funds on hand in excess of current needs, and WHEREAS, it is the best interest of the Depositor and its inhabitants to invest funds in investments that yield a favorable rate of return while providing the necessary liquidity and protection of the principal; and WHEREAS, the Pooled Money Investment Board (the “PMIB”), operates the Municipal Investment Pool (MIP), a public funds investment pool, pursuant to Chapter 254 of the 1996 Session Laws of Kansas, and amendments thereto NOW THEREFORE, be it resolved as follows: 1. The municipality designated below approves the establishment of an account in its name in the MIP for the purpose of transmitting funds for investment, subject to the MIP Participation Policy adopted by the Pooled Money Investment Board, and municipality acknowledges it has received a current copy of such Participation Policy. The Depositor’s taxpayer identification number assigned by the Internal Revenue Service is 48-6077097. 2. The following individuals, whose signatures appear directly below, are officers or employees of the Depositor and are each hereby authorized to transfer funds for investment in the MIP and are each authorized to withdraw funds, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of funds: Name (print or type) Name (print or type) Signature Signature Title Title Name (print or type) Name (print or type) Signature Signature Title Title 3. Depositor Contact: Name (print or type) Email Title Phone Street Address Fax City State ZIP 1 4. This Resolution and its authorization shall continue in full force and effect until amended or revoked by the Depositor and until the PMIB receives a copy of any such amendment or revocation, the PMIB is entitled to rely on same. This resolution is hereby adopted by the Depositor at its regular meeting held on __________________________________ (date). Municipality Name (print or type) Name (print or type) Signature Title Date Attest: Name Signature Title Date 2  Item Information Form Subject/Agenda Item: Approve a change order with Central Industrial Sheet Metal Works, Inc. for rework of the exterior sunshade at City Hall Submitted By: Celia Kumke, Public Works Director Meeting Date: September 09, 2024 Project Background/Description: In April 2022, City Council approved a contract with PARitrave Innovations, Inc. for Phase I exterior improvements to City Hall in the amount of $227,694. This project consisted of miscellaneous exterior work, including the removal of a few parking stalls to add a planting area, monument sign replacement, installation of perforated metal panels to concrete site walls and a new aluminum sunshade system, lighting, and signage elements to the building facade. The construction and installation of the perforated metal panels and aluminum sunshade system were not completed to city standards and this work is currently the subject of a pending City claim. To complete the work, City Council approved a contract with Central Industrial Sheet Metal Works, Inc. on November 6, 2023, to rework the perforated panels in the amount of $29,229. This work was satisfactorily completed in December 2023. In February 2024, City Council approved a second bid from Central Industrial Sheet Metal Works, Inc. in the amount of $50,820 to rework the aluminum sunshade system. This included preparing engineering drawings, reworking any damaged areas on the existing sunshade, fabricating new components as necessary, and reinstalling the sunshade to match engineering drawings approved by the City. Prior to construction, the contractor removed the existing sunshade and bricks that attached the structure to the building and determined that it was not properly installed per the original engineering plans. Central Industrial Sheet Metal Works subsequently retained an engineer to redo the plans and rework the sunshade. Due to the additional work, the contractor has submitted a change order in the amount of $21,070 over the previously approved contract of $50,820. The change order includes additional costs for engineering, masonry, lift and equipment rental, materials, and additional labor. This work was satisfactorily completed in August 2024. With approval of this item the City Attorney will now negotiate and, if necessary, litigate the pending City claim with PARitrave to resolve this issue. The budgeted amount for this project is $300,000. If this item is approved, the total cost for this project will exceed the budget by $29,931 and will require CIP Contingency funds to complete. This overage includes this $21,070 change order plus $8,861, which was previously approved by the Council at the February 12, 2024 Council meeting during approval of the original contract of $50,280. City Council Goals and Objectives: 3.0 Improve Physical Conditions and Property Values 3.2 Sustain capital improvement efforts. Financial Impact: Amount of Request/Contract: $21,070 Amount Budgeted: $300,000 ($ - 29,931 remaining) Funding Source/Account #: 301-0000-514-45-10 - Construction Services Recommended Motion: Approve a change order with Central Industrial Sheet Metal Works, Inc. for rework of the exterior sunshade at City Hall in the amount of $21,070. Supporting Documents: Sunshade Change Order  Central Industrial Sheet Metal Works, Inc. Since 1924 1615 West 9th Street CISM Kansas City, MO 64101 Phone: (816) 842-0701 Fax: (816) 842-0704 PROPOSAL SUBMITTED TO: PHONE: FAX: DATE: Caleb Hunt 8/20/2024 COMPANY NAME: JOB NAME: City of Merriam Merriam Sunshade Modifications STREET: JOB LOCATION: Ikea Way Shop & Field CITY, STATE, ZIP DATE OF PLANS: CUSTOMER PO#: ESTIMATE NO.: Merriam, Ks. / / #24-1111R1 Additional Curtain Wall and Brick Mount Work Required: Engineering (Norton & Schmidt)……………………………………………. NO TAX INC. $3,528.00 (Evaluate all existing conditions, materials, drawings, formulate a revised correct detail) Masonry (C&M Restoration)………………………………………………… NO TAX INC. $5,128.00 (Fabricate load test items, load test 6 mounting brackets, remove brick at 6 mounting locations, fabricate stainless-steel structural plate lintel, add grout bed, re-install brick for mounting the sunshade.) Lift & Equipment Rental……………………………………………………. NO TAX INC. $2,546.00 (After two weeks it goes to monthly, this is for a month and PU/Delivery) Materials Required for Additional work……………………………………. NO TAX INC. $1,286.00 (Welding steel channels, fabricating stainless steel knife plate connections, new mounting method and flashings at the lower sunshade mounting area, and all stainless-steel anchors and fasteners.) Labor required for Additional work…………………………………………. NO TAX INC. $11,582.00 (Shop & Field 100 hrs./$115.82 per hr.) $21,070.00 Payment terms to be as follows: ---------------------------------------Net 30 Days--------------------------------------------- All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to Authorized Signature: ____Sam Fuller______________ standard practices. Any alteration or deviation from the above specifications involving extra costs will be executed Note: only upon written orders and will become an extra charge over and above the estimate. All agreements contingent This proposal may be withdrawn if not accepted within upon strikes, accidents or delays beyond our control. 30 days. Owner to carry fire, tornado, and other necessary insurance. Our workers are covered by Workman’s Compensation Insurance. Acceptance of Proposal - The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Date of Acceptance: ______/______/_____ Signature: _____________________________  Item Information Form Subject/Agenda Item: Consider approval of an Agreement with Johnson County for funding for the 2023 Merriam Pipe Repair Stormwater System Renewal Project. Submitted By: Celia Kumke, Public Works Director Meeting Date: September 09, 2024 Project Background/Description: The Johnson County Stormwater Management Program (SMP) provides funding to repair or replace deteriorated storm drainage infrastructure as part of their System Management Program. Only assets that have been assigned an observed risk of 3.2 or higher by the SMP are eligible for reimbursement. In 2022, Staff submitted an application to Johnson County SMP for funding for replacement of stormwater infrastructure for the 50th and England Drainage Project (referenced in the Agreement as the 2023 Merriam Pipe Repair Project, Project No. 1-ME-2020-R-1). The total estimated cost for eligible assets is $234,526 and Johnson County will reimburse the City 50% of the construction cost, not to exceed $117,263. Construction for the 50th and England Drainage Project is currently under way and Staff will submit payment requests to Johnson County following approval of this Agreement. City Council Goals and Objectives: 3.0 Improve Physical Conditions and Property Values 3.2 Sustain capital improvement efforts. Financial Impact: Amount Budgeted: $1,800,000 ($1,471,034,88 remaining) Funding Source/Account #: 301-3050-400-48-20 GT2204 Recommended Motion: Approve an Agreement with Johnson County for funding for the 2023 Merriam Pipe Repair Stormwater System Renewal Project. Supporting Documents: Renewal Project Agreement 2023 Merriam Pipe Repair 1-ME-2020-R-1  Agreement between Johnson County and the City of Merriam For a Stormwater System Renewal Project known as 2023 Merriam Pipe Repair 1-ME-2020-R-1 This agreement is entered into by and between the Board of County Commissioners of Johnson County, Kansas (the "County") and the City of Merriam (the "City") pursuant to K.S.A. 12-2908. Recitals 1. Pursuant to K.S.A. 19-3311, by Resolution No. 38-90, the County has established a county- wide retailer’s sales tax for the purpose of providing funds for stormwater management projects, and by Resolution No 76-90, created a Stormwater Management Advisory Council to identify and recommend projects for inclusion in the Stormwater Management Program. 2. The County has established a Stormwater Management and Flood Control Fund for the purpose of funding Stormwater Management Program projects. 3. The County, by Resolution No. 66-92, as modified by Resolution No 034-94, adopted the Johnson County Stormwater Management Policy and the Administrative Procedures for the Johnson County Stormwater Management Program ("Policy and Procedures") to promote interlocal cooperation between the County and the participating municipalities in stormwater management activities. 4. In accordance with the Policy and Procedures, the City has requested that the County participate in the funding for the stormwater system renewal project (“Renewal Project”) for the stormwater management project identified as 2023 Merriam Pipe Repair (the "Project"), which meets the minimum requirements, and the County is willing to provide such funding upon the terms and conditions set forth in this agreement. 1  Agreement In and for the consideration of the mutual covenants contained in this agreement and the mutual benefits to be derived from the Project, the City and the County agree as follows: 1. Policy and Procedures. The City acknowledges receipt of the Policy and Procedures. The City and County agree that the Renewal Project shall be undertaken in accordance with the terms and provisions of the Policy and Procedures provided, however, in the event a conflict exists between any provision of the Policy and Procedures and any provision of this agreement, the terms and conditions of this agreement shall control. 2. Stormwater System Renewal Requirements. The City agrees to select a responsible and qualified contractor or contractors to undertake and complete the construction of the Project ("Project Contractor"). The parties agree that it shall be the City's obligation to comply with and, to extent reasonably practical, to require the Project Contractor comply with, all applicable laws and regulations governing public contracts, including all applicable non-discrimination laws and regulations. The costs and expenses incurred by the City in connection with the Project shall be reimbursable, subject to the limitations on reimbursement contained in the Policy and Procedures and in this agreement. Reimbursement will only be made for eligible stormwater assets which have been assigned an observed risk score of 3.2 or higher by the Stormwater Management Program under the 2018 Strategic Asset Management Plan (SAMP). The SAMP can be found at https://www.jocogov.org/sites/default/files/files/2024- 04/JOCO-SMP-SAMP-Report.pdf or will be provided upon request. 3. Estimated Cost of Renewal Project. The City represents it has established, a good faith estimate of the total cost for the renewal of eligible stormwater assets included in the Renewal Project of Two Hundred Thirty Four Thousand Five Hundred Twenty Six Dollars ($234,526). Cost estimates shall be prepared by qualified city staff or qualified independent contractor retained by the city. 4. Administration. It is acknowledged and agreed that the City shall enter into all contracts relating to the Renewal Project in its own name and not as the agent of the County. The City agrees to be solely responsible for the administration of all contracts for the Renewal Project. Any contract disputes shall be resolved by the City at the City's sole cost and expense. The City shall require adequate indemnity covenants and evidence of insurance from contractors and engineering service providers for loss or damage to life or property arising out of the contractor's or engineering service provider's negligent acts or omissions. The required insurance coverage and limits shall be established by the City but shall not, in any event, be less than $2,000,000 on a per occurrence basis for general liability coverage for the general contractor and $1,000,000 professional liability coverage for engineering service providers. The City may, in 2  the exercise of its reasonable judgment, permit any insurance policy required by this agreement to contain a reasonable and customary deductible or co-insurance provision. 5. County Contribution Toward Costs. The County shall reimburse the City from the Stormwater Management and Flood Control Fund for expenditures made by the City for the Renewal Project as follows: Not more than once each calendar month, the City may submit to the County a request for payment, invoice, or statement satisfactory in form and content to the County detailing total Renewal Project costs and expenses, in line-item detail, for the preceding calendar month ("Payment Request") and for year-to-date. The City's Payment Request shall list, by category, those particular expenditures that are reimbursable according to the Policy and Procedures, The City represents and warrants that each Payment Request shall seek reimbursement for only those expenditures that the City determines, in good faith, to be reimbursable by the County. The County may require the City to supplement the Payment Request as needed to satisfy the County, that the Payment Request accurately reflects properly reimbursable costs and expenses. Additionally, the Project Reimbursement Form shall be submitted with each invoice. The project reimbursement form can be found at https://www.jocogov.org/dept/public-works/stormwater-management/about- smp/strategic-plan, or will be provided upon request. The County agrees to make payment to the City within thirty days following the Stormwater Program Manager's approval and acceptance of a properly documented Payment Request in an amount equal to fifty percent (50%) of the renewal costs incurred for eligible stormwater assets. 6. Limitation of Liability. To the extent permitted by law and subject to the provisions of the Kansas Tort Claims Act, including but not limited to maximum liability and immunity provisions, the City agrees to indemnify and hold the County, its officials, and agents harmless from any cost, expense, or liability not expressly agreed to by the County which result from the negligent acts or omissions of the City or its employees or which result from the City's compliance with the Policy and Procedures. This agreement to indemnify shall not run in favor of or benefit any liability insurer or third party. 3 7. Notice Addresses. Any notice required or permitted by this agreement shall be deemed properly given upon deposit in the U.S. mail, postage prepaid and addressed as follows or if sent by electronic mail and received by the addressee: If to the County: If to the City: Mr. Lee Kellenberger Celia Kumke Urban Services Division Director Public Works Director Johnson County Public Works City of Merriam 1800 W. Old 56 Highway 6901 Knox Street Olathe, KS 66061 Merriam, KS 66203 4 8. Effective Date. Regardless of the dates(s) the parties execute the agreement, the effective date of this agreement shall be provided the agreement has been fully executed by both parties. Board of County Commissioners of City of Merriam Johnson County, Kansas Mike Kelly, Chairman Bob Pape, Mayor Attest: Attest: Lynda Sader City Clerk Deputy County Clerk Approved as to Form: Approved as to Form: Scott Abbott City Attorney Assistant County Counselor 5  Item Information Form Subject/Agenda Item: Consider approval of a Professional Services Agreement with HNTB Corporation for a Preliminary Engineering Study for the Shawnee Mission Parkway I-35 interchange. Submitted By: Celia Kumke, Public Works Director Meeting Date: September 09, 2024 Project Background/Description: The 2024-2029 Capital Improvement Program (CIP) includes a Preliminary Engineering Study (PES) for the Shawnee Mission Parkway (SMP) and I-35 interchange project. The primary goals for the project include:  Improving safety and capacity and optimizing performance at the interchange and along the SMP corridor within city limits;  Evaluating active transportation opportunities and providing pedestrian connectivity across I-35 and along the corridor as feasible; and  Providing preliminary engineering and interchange concepts, high level schedule and cost estimates that can be used for project budgeting and to apply for federal funds for construction. In June 2024, Staff posted a Request for Qualifications (RFQ) for design services for this project and three firms responded. The selection team, consisting of the Public Works Superintendent, Project Coordinator, and the Public Works Director, selected HNTB Corporation (HNTB) based on their knowledge and experience working with other cities and the Kansas Department of Transportation (KDOT) on similar interchange projects in the metropolitan area. The scope of work will be performed in three phases and includes traffic safety analysis and modeling, consideration for pedestrian connectivity, geometric evaluations, concept level design with cost estimates, PES summary memorandum, project coordination, public meetings, and project management. A traffic model will be prepared to model existing and future conditions for SMP and I-35 and a matrix will be developed evaluating pros and cons of four types of interchanges and high-level cost estimates. Following completion of a safety analysis, utility and right-of-way (ROW) impacts, conceptual geometrics, drainage review, and cost/benefit analysis, a preferred alternative will be selected. A high-level concept will also be developed for the SMP corridor within city limits and a roundabout option will be evaluated and modeled for the 67th St. and the E. Frontage Road intersection. Plan exhibits, cost estimates, and impacts to utilities and ROW will be prepared for the interchanges and corridor in a final memorandum. Public meetings (open  house and City Council presentation) will be conducted presenting study recommendations and corridor alternatives. The project cost is $598,078 and the project is scheduled to be completed by the end of October 2025. The project data will be used to apply for federal funding for future capital improvements. City Council Goals and Objectives: 3.0 Improve Physical Conditions and Property Values 3.2 Sustain capital improvement efforts. 3.4 Improve safety for all modes of travel throughout the community. Financial Impact: Amount of Request/Contract: $598,078 Amount Budgeted: $600,000 Funding Source/Account #: 301-3050-400-33-10 GT2401 Recommended Motion: Approve the Professional Services Agreement with HNTB Corporation to provide preliminary engineering services for the Shawnee Mission Parkway and I-35 interchange in the amount of $598,078. Supporting Documents: SMP and I-35 PES Proposal for Professional Services Traffic Data Collection Merriam, KS GHA Proposal No. 2024.D395 HNTB Corp. (Client), PO Box 979, Rolla City, MO 65402, and Gewalt Hamilton Associates, Inc. (GHA), 625 Forest Edge Drive, Vernon Hills, IL 60061, agree and contract as follows: I. Project Understanding The Client is requesting nineteen (19) traffic counts in Merriam, KS. II. Traffic Data Collection Services GHA will provide the following services: A. Turning Movement Count (TMC) Location(s): 1. Johnson Drive at SB I-35 2. Johnson Drive at NB I-35/Ikea Way 3. Shawnee Mission Pkwy at Mastin Street 4. Shawnee Mission Pkwy at Merriam Drive 5. Shawnee Mission Pkwy at Carter Ave 6. Shawnee Mission Pkwy at SB I-35 7. Shawnee Mission Pkwy at NB I-35 8. Shawnee Mission Pkwy at Eby Ave/Ikea Way 9. Shawnee Mission Pkwy at Antioch Road 10. Shawnee Mission Pkwy at Craig St 11. W 67th St at SB I-35 12. W 67th St at NB I-35 13. W 67th St at E Frontage Road 14. W 67th St at Carter Ave 15. W 67th St at Antioch Road Collection Details a. Typical Weekday (Tuesday, Wednesday and/or Thursday) b. 4-hours at each location c. 7-9AM; 4-6PM CDT d. Lights / Mediums / Articulated Trucks w/bicycles on roadway 1. Classification Grouping includes Premium Rate Classification 2. Bicycles and Pedestrians in Crosswalks are included. 3. Bicycles on the Roadway are included. Deliverable a. Data will be processed with a normal processing turnaround time and will be shared with the Client as soon as it is available. August 26, 2024 GHA Proposal No. 2024.D395 Page 2 of 5  B. Automatic Traffic Recorder Count (ATR) Location(s): 1. W 67th St East of I-35 2. Shawnee Mission Pkwy East of I-35 3. Johnson Drive East of I-35 4. I-35 Mainline North of Shawnee Mission Parkway Collection Details a. Typical Weekday (Tuesday, Wednesday and/or Thursday) b. 24-hours at each location c. 12AM-12AM CDT d. Lights / Mediums / Articulated Trucks w/bicycles on roadway 1. Classification Grouping includes Premium Rate Classification 2. Bicycles and Pedestrians in Crosswalks are included. 3. Bicycles on the Roadway are included. Deliverable a. Data will be processed with a normal processing turnaround time and will be shared with the Client as soon as it is available. III. Project Schedule GHA will schedule the work as soon as possible after written authorization to proceed. IV. Services Not Included Should additional services be required or expanded beyond those outlined in Section II: Traffic Data Collection Services of this Agreement, GHA will request written authorization prior to commencing the work and the Client will be billed on a time-and-materials (T&M) basis in accordance with the current GHA Professional Services Hourly Rate Guide. V. Key Personnel Mr. Jarett M. Giesey will serve as the Data Collection Project Manager. Mr. Zach J. Hubb will serve as the Data Collection Team Leader and Mr. Patrick M. Oster will serve as the Data Collection Processing Team Leader. The team will work with additional professional staff. VI. Compensation for Services Based upon the scope of services and understanding of the requested work, GHA proposes to complete the work as described above for a lump sum fee as outlined below: August 26, 2024 GHA Proposal No. 2024.D395 Page 3 of 5  The proposed lump sum fee includes all necessary personnel, equipment, deployment, and processing to complete the data collection as described. Reimbursable expenses, including items such as photos, postage, messenger services, printing, truck usage and/or mileage, etc., are included in the lump sum fee. GHA assumes the study will be completed within one deployment. If additional deployments are requested, an adjustment to the fee may be necessary. GHA will provide the Client with a written estimate of any additional fees prior to commencing such work. Recounts will be completed at no charge to the Client for equipment failures. Cancellations shall be made within 24-hours of the scheduled deployment to avoid fees. road closures, accidents, vandalism, or theft of equipment. The Client shall be responsible for obtaining all required permits and notifying the applicable regulatory agencies prior to the scheduled deployment. An invoice will be submitted upon completion of the study and will detail charges made against the project and services provided. VII. General Conditions The delineated services provided by Gewalt Hamilton Associates, Inc., (GHA) under this Agreement will be performed as reasonably required in accordance with the generally accepted standards for civil engineering and surveying services as reflected in the contract for this project at the time when and the place where the services are performed. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor o other party or entity shall have any claim against GHA because of this Agreement or the performance or nonperformance of services hereunder. In no event shall GHA be liable for any loss of profit or any consequential damages. The Client and GHA agree that all disputes between them arising out of or relating to this Agreement or the Project shall be submitted to nonbinding mediation in Chicago, Illinois unless the parties mutually agree otherwise. This Agreement, including all subparts and Attachment A, which is attached hereto and incorporated herein as the General Provisions of this Agreement, constitute the entire integrated agreement between the parties which may not be modified without all parties consenting thereto in writing. August 26, 2024 GHA Proposal No. 2024.D395 Page 4 of 5  GHA PROFESSIONAL SERVICES HOURLY RATE GUIDE: 2024 The following rates will remain in effect until December 31, 2024, at which time they are subject to anannual increase: PRINCIPAL $264.00 ENGINEERING TECHNICIAN V $200.00 SENIOR PROJECT MANAGER II $240.00 ENGINEERING TECHNICIAN IV $166.00 SENIOR PROJECT MANAGER I $220.00 ENGINEERING TECHNICIAN III $150.00 PROJECT MANAGER II $202.00 ENGINEERING TECHNICIAN II $126.00 PROJECT MANAGER I $178.00 ENGINEERING TECHNICIAN I $92.00 ENGINEER VI $212.00 LANDSCAPE ARCHITECT $180.00 ENGINEER V $192.00 DATA MANAGER $160.00 ENGINEER IV $182.00 ENGINEER III $170.00 DATA TECHNICIAN III $148.00 DATA TECHNICIAN II $132.00 ENGINEER II $152.00 ENGINEER I $142.00 DATA TECHNICIAN I $100.00 LAND SURVEYOR IV $214.00 CAD MANAGER $220.00 CAD TECHNICIAN III $154.00 LAND SURVEYOR III $176.00 CAD TECHNICIAN II $128.00 LAND SURVEYOR II $154.00 CAD TECHNICIAN I $100.00 LAND SURVEYOR I $136.00 ADMINISTRATIVE II $114.00 GIS TECHNICIAN IV $186.00 GIS TECHNICIAN III $160.00 ADMINISTRATIVE I $92.00 GIS TECHNICIAN II $130.00 ACCOUNTING MANAGER $194.00 GIS TECHNICIAN I $110.00 ACCOUNTING II $144.00 ENVIRONMENTAL CONSULTANT II $150.00 ACCOUNTING I $130.00 ENVIRONMENTAL CONSULTANT I $138.00 Services provided under this Agreement will be billed according to the rates in effect at the time services are rendered. GEWALT HAMILTON ASSOCIATES, INC. - 625 FOREST EDGE DRIVE - VERNON HILLS, IL 60061 847.478.9700 GHA-Engineers.com  Memo Subject/Agenda Item: September CIP Update Submitted By: Celia Kumke, Public Works Director Meeting Date: September 09, 2024 To: Mayor & City Council Background/Information:  50th Terr./England St. to Kessler St. Drainage Project – The project includes lining and/or replacing aging stormwater pipe. Pipe is currently being installed north of 49th St.  Underground Utilities – Shawnee Mission Pkwy Corridor – 95% plans were submitted on April 9 for undergrounding electric along the SMP corridor. All easements have been obtained and Evergy is currently bidding the project.  2024 Mill & Overlay Project– This project includes a 2" mill & overlay and replacement of curb and gutter, sidewalk, and ADA ramps. Streets include 49th Terr., 50th Terr., 51st Terr., 51st St., Booker St., Benson St, England St., Grandview Ave., and Grant St. Kansas Heavy is currently replacing curb and is approximately 30% complete.  CDBG Streetlight Conduct Project – Streetlights and conduit have been installed. Sod restoration will be completed this Fall.  Gabion Basket Repair Project – The project includes repair of gabion baskets on Quail Creek north of Advent Hospital. The project has been bid and the bid opening is Sept.16.  49th St. (Switzer Rd. to Antioch Rd.) Improvements Project – This project includes a 2" mill & overlay, replacement of curb/gutter, sidewalk, and ADA ramps, a new sidewalk on the south side of 49th St., and lining/replacement of stormwater pipe. Design is underway with construction scheduled for 2025.  75th St. Bridge Repair Project – The project includes bridge pier rehabilitation and is being administered by the City of Overland Park. Overland Park staff is currently evaluating proposals from design/build teams.  2024 Sidewalk Replacement Project – Sidewalk installation has been completed and sod will be installed the week of Sept. 9th. Supporting Documents: August CIP Project Map  49th Street Improvments 2024 Overlay Monthly CIP Update 50th Ter Drainage CDBG Streetlights ´ SMP Underground Utilities 2024 Sidewalk Maintenance CDBG Streetlights CDBG Streetlights 75th St Gabion Basket Bridge Repair Repair Date: 6/4/2024  MINUTES Advisory Board Meeting City of Merriam, Kansas Merriam Community Center Tuesday, August 27, 2024 6:00 PM 6040 Slater Street 1. ROLL CALL/ATTENDANCE The August 27, 2024 meeting of the Merriam Parks & Recreation Advisory Board was called to order at 6:00 p.m. by Chairperson Christopher Leitch. Board members in attendance included: Evan Quinley; Katie Leary; Christopher Leitch; David Zukley; George Vesel; and Scott Diebold. Staff members in attendance were: Dave Smothers, Assistant Parks and Recreation Director, and Jenna Wilson, Recreation Intern. Kathy Stull notified staff and chairperson of their absence. 2. PUBLIC COMMENTS a. Crestview PTA Request No one from Crestview attended the meeting to discuss the detailed memo that was included in the packet. Discussion:  Staff has discussed logistics for the requested event and will continue to refine the details.  A board member stated that the event is a "Tacos & Trivia Night" that is attended by members of the Crestview Elementary Community. The board member was informed by a member of the Crestview Elementary PTA that in the past the event has started at 6:00 p.m.  Staff has looked into the rental occupancy of Saturdays in February of years past and found that these dates are highly requested and have been fully reserved in recent years.  Staff appreciates the advanced diligence from the organizers of the event.  A board member stated that the event has been held at the Knights of Columbus in Shawnee in the past, and the organizers are looking for an upgrade in the quality of the event space.  A board member inquired if the event would use the Community Center kitchen to prepare food. Staff responded that as the Community Center kitchen is intended for catering purposes, and does not contain proper cooking appliances, the food for the event would need to be prepared beforehand and kept at temperature in the catering kitchen adjacent to the rental space. Page 1 of 5 Parks & Recreation Advisory Board Minutes – August 27, 2024  A board member mentioned that as Crestview Elementary is located in Merriam and has a large community of Merriam residents surrounding it, it would be beneficial for the Community Center to host this event as a way to support the community.  A board member inquired if the issue could be voted upon presently. Staff responded that the issue will be on the September agenda, as the details of the price reduction requested have not been fully realized. Staff will have more information on the details of the event and its cost at next month's advisory board meeting. 3. APPROVAL OF JUNE 25, 2024 MINUTES a. June 25, 2024 Minutes Board Member Zukley made a motion to approve the June 25, 2024 minutes. Board Member Leary seconded and the motion was unanimously APPROVED. 4. APPROVAL OF JULY 23, 2024 DISCUSSION MINUTES a. July 23, 2024 Discussion Minutes Board Member Diebold made a motion to approve the July 23, 2024 discussion minutes. Board Member Leary seconded and the motion was unanimously APPROVED. 5. STAFF REPORTS a. DIRECTOR'S REPORT i. Community Center Update A detailed memo was included in the packet. Updates to the information included:  The library has requested the possibility of changing the signage in the parking structure that indicates direction to the community center. Staff has asked library staff if this request can be revisited in September. The sign was initially added due to the unfamiliarity of the tower, at this time, staff is not convinced it is necessary. ii. Monthly Community Center Membership Report A detailed memo and reports were included in the packet. Updates to the information included:  As of Sunday, August 25, membership visitation is anticipated to exceed 2023 visitation. Currently, membership visitation is averaging 429/day compared to 418/day in 2023. Daily visitation for 2024 is on the same pace of daily visitation of 2023. In 2024, daily visitation is averaging 67/day compared to 68/day in 2023.  Staff discovered in July that PeerFit reimbursement did not occur in Page 2 of 5 Parks & Recreation Advisory Board Minutes – August 27, 2024 June. The agreement with Peerfit was for automatic reimbursement based upon the number of users that enrolled for memberships through their platform. The process changed beginning with June visits and staff was not aware of the reporting requirements. Working with the program account manager, staff has submitted visitation reports for June and July and are awaiting reimbursement. In September, staff will report visitation similar to how other insurance membership visits are reported to ensure reimbursement occurs in a timely manner. Discussion:  Staff stated that membership cancellations are to be expected, and to their knowledge there have been no negative motivations for cancellation, or negative comments made at the time of cancellation. b. ASSISTANT DIRECTOR'S REPORT i. PROGRAM EVALUATIONS 1. We Scream "FOUR" Ice Cream - Annual Birthday Party Evaluation A detailed memo was included in the packet. There was no discussion. 2. Cruise Night Evaluation - August A detailed memo was included in the packet. There was no discussion. 3. Concert in the Courtyard Evaluation A detailed memo was included in the packet. Discussion:  Due to a declining attendance rate for this event, staff has considered altering or replacing this event.  A board member suggested that the event may be better attended if it were held on a different date, considering the first week of school had just concluded on the day of the event. 4. Quarter 2 Financial Update A financial summary was included in the packet. This report was generated by staff based on reports provided by the Finance Department. In reviewing expenditures and revenue overall, the department is currently operating at a 73.5% cost recovery with revenues approximately $327,000 below expenditures. If revenues and expenditures were equally divided throughout the year, at the review of second quarter, it would be ideal for both to be 50% of budget. At the conclusion of quarter 2, revenues are 64.1% and expenses are 42.6%. In reviewing revenue lines, 14 are above 50%, 7 are below 50% and 3 have exceeded budget (summer memberships, swim team, and youth fitness). Since staff tracks monthly revenue, the growth of revenue over 2023 for the same time frame is 13.75%. In review of expenditure lines, Page 3 of 5 Parks & Recreation Advisory Board Minutes – August 27, 2024 17 group lines are below 50%, 2 lines are at 50% and 3 are above 50% (workers compensation, other contractual services and repair & maintenance services). Staff is not concerned about these lines, as many have expenses that occur in the first quarters of the year. Staff will continue to carefully monitor revenue and expenditures through the remainder of 2024. Discussion:  A board member asked to clarify that the expenses listed are to date, and the budget listed is annual. Staff confirmed. ii. UPCOMING EVENTS 1. "Pink Scrape" Opening Reception A postcard invitation was included in the packet. 2. Turkey Creek Car and Motorcycle Show A promotional flyer was included in the packet. 3. Family Pizza Bingo Night A promotional flyer was included in the packet. iii. PROGRAM UPDATES 1. Farmers' Market Update A detailed update was included in the packet. 2. Merriam Drive Live Update A detailed update was included in the packet. Discussion:  This year's cornhole tournament will be managed by the Midwest Elite Cornhole team. Staff hopes that this change will attract participants with competitive skill levels.  The tournament was previously advertised as having two separate divisions, one recreational and one competitive, but the Midwest Elite Cornhole team has since advised staff to combine the two divisions into one. This is due to a trend towards a lack of attendance at events that the Midwest Elite Cornhole team has been part recently.  Staff stated that the divisions were previously priced separately, but moving forward the combined division will take on the price of the recreational division.  Staff stated that as the tournament will be in a pool play format, the various skill levels will separate themselves as play advances. Page 4 of 5 Parks & Recreation Advisory Board Minutes – August 27, 2024 6. NEW BUSINESS a. Art Committee Update A location has been chosen for the first installation of the upcoming wave of public art in Merriam. The proposed installation would be located near Chatlain Park, which the representative stated is an unexpected yet charming location. The values of the community will be presented to the artist candidates, and they will be expected to interpret said values and create a piece of public artwork based upon them. Discussion:  Staff stated that city administration is working with the Department of Transportation in order to ensure that the chosen location is viable. 7. OTHER BUSINESS 8. ADJOURNMENT Board Member Leitch made a motion to adjourn the meeting at 6:25 p.m. Board Member Leary seconded and the motion was unanimously APPROVED. Page 5 of 5