City Council

City Council Agenda City Hall, 9001 W. 62nd Street February 10, 2025 - 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 January 27, 2025. City Council - Jan 27 2025 - Minutes 2. Consider bid award to McAnany Construction, Inc. for the 2025 Mill and Overlay Program. Item Information Form - 2025 Mill & Overlay Bid Award V. MAYOR'S REPORT  1. Proclamation - Black History Month VI. COUNCIL ITEMS 1. Resolution Adopting the Regional Hazardous Mitigation Plan Item Information Form - Mitigation Plan 2. Consider approval of an ordinance authorizing the sale, consumption, and possession of alcoholic liquor during the Merriam Drive Live Event and Merriam's 75th Birthday Party according to K.S.A. 41-719 and amendments thereto. (option to waive first reading) Item Information Form - Ordinance authorizing the sale, consumption and possession of alcoholic liquor 3. Consider approval of serving alcohol and waiving caterer's license fee for Concert in the Courtyard, Merriam Drive Live, and Merriam's 75th Birthday Party Item Information Form - Consider approval of serving alcohol and waiving the caterer's license fee 4. Consider a payment of $250,000 to the U.S. Army Corp of Engineers for the Upper Turkey Creek Stormwater Project. Item Information Form - FY25 USACE Upper Turkey Creek - 2nd Payment - Pdf VII. STAFF/INFORMATIONAL ITEMS 1. February CIP Update Memo - February CIP Update 2. Single Hauler Update A. Informational Items 1. Parks & Recreation Advisory Board - Jan 29 2025 - Minutes VIII. EXECUTIVE SESSION IX. ADJOURNMENT Respectfully submitted, Juliana Pinnick City Clerk  MINUTES City Council Meeting City of Merriam, Kansas Monday, January 27, 2025 7:00 PM City Hall, 9001 W. 62nd Street I. CALL TO ORDER - PLEDGE OF ALLEGIANCE Mayor Bob Pape called the meeting to order at 7:00 pm. II. ROLL CALL Council Present: Staff Present: Bob Pape Juli Pinnick, City Clerk Jacob Laha Caitlin Gard, Assistant City Administrator Jason Silvers Alan Long, Fire Chief Amy Rider Anna Slocum, Parks and Recreation Director Whitney Yadrich Bryan P. Dyer, Community Development Director Chris Evans Hands Celia Kumke, Public Works Director Bruce Kaldahl Chris Engel, City Administrator Staci Chivetta Darren McLaughlin, Police Chief Reuben Cozmyer Jenna Gant, Communication/Public Engagement Manager Council Absent: Lauren Krivoshia, Assistant to the City Administrator Meagan Borth, Finance Director Ryan Denk, City Attorney 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. Billy Croan, 6636 Wedd St., commented that this will be second time in recent months where the city is considering issuing bonds for things that could be paid with cash on hand. He is here tonight to speak out against this proposal. IV. CONSENT AGENDA Page 1 of 4 City Council Minutes – January 27, 2025 1. Consider approval of the minutes of the City Council meeting held January 13, 2025. 2. Consider approval of an agreement between Bridging the Gap and City of Merriam for the 2025 Residential Tree Grant Program Councilmember Silvers made a motion to approve consent agenda items 1-2. Councilmember Hands seconded and the motion was unanimously APPROVED. V. MAYOR'S REPORT Mayor Pape provided an update on meetings and events attended by the Mayor and Councilmembers over the past two weeks. VI. COUNCIL ITEMS 1. Authorize the Purchase of Mobile Data Terminals for Police Patrol Vehicles Police Chief Darren McLaughlin provided the background for this item. The Police Department is seeking approval to purchase 12 Mobile Data Terminals (MDTs) for the patrol fleet. MDTs are computers that are mounted in the patrol vehicles. The officers use them to receive calls for service from Dispatch, run the Digiticket E-ticketing system, and the Axon in-car camera system. The requested units are manufactured by Panasonic. The purchase agreement includes 12 computers, 11 docking stations, and a 3-year warranty. The purchase of these units were included in the 2025 budget. Councilmember Silvers made a motion to approve the purchase of Mobile Data Terminals for the Police Department. Councilmember Yadrich seconded and the motion was unanimously APPROVED. 2. Consider approval of an Agreement with Johnson County for funding for the 2025 Street and Drainage Improvements Project. Public Works Director Celia Kumke provided the background for this item. 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 2024, Staff submitted an application to Johnson County SMP for funding for replacement of stormwater infrastructure for the 2025 Street and Drainage Improvements Project (referenced in the Agreement as the 2025 Merriam Pipe Repair Project, Project No. 1-ME-2025-R-573). The total estimated cost for eligible assets is $1,090,700 and Johnson County will reimburse the City 50% of the construction cost, not to exceed $545,350. Design for this project is currently under way with construction estimated to begin in Spring 2025. Staff will submit payment requests once construction begins to Johnson County following approval of this Agreement. Councilmember Yadrich made a motion to approve an agreement with Johnson County for funding for the 2025 Street and Storm Drainage Improvements Page 2 of 4 City Council Minutes – January 27, 2025 Project. Councilmember Cozmyer seconded and the motion was unanimously APPROVED. 3. Consider a Resolution of Intent to finance the Utility Undergrounding project with the issuance of debt. City Administrator Chris Engel provided the background for this item. Capital Electric (subcontractor for Evergy) is undergrounding overhead utilities along the Shawnee Mission Parkway corridor from I-35 to just east of Antioch Road and on Antioch Road between West 62nd Terrace and West 64th Terrace. Undergrounding the utilities along Shawnee Mission Parkway will beautify the corridor, improve safety, and improve the reliability of utility services. The City Council has approved $5MM for the project as part of the FY25 Budget. Construction commenced in December 2024 and the entire project is expected to be completed by mid-July 2025. It is staff's plan to pay cash for the cost of this project with funds from the I-35 TIF account which are designated exclusively for economic development purposes. Despite the plan to pay cash for the project, the city's financial advisor and bond counsel recommend the City preserve the right to use future bond proceeds to reimburse ourselves for the cash payment should a bond issuance occur in the near future. Approval of the attached Resolution of Intent ensures that option becomes available to the City. In summary, approval of the Resolution does not deter the City from paying cash for the Utility Undergrounding project, nor does it obligate the City to issue future debt for the payment of this project; approval simply provides the City an additional finance option, if needed. Councilmember Hands made a motion to approve a Resolution of Intent to reimburse the City for the cost of the Utility Undergrounding project through the future issuance of debt. Councilmember Yadrich seconded and the motion was unanimously APPROVED. VII. STAFF/INFORMATIONAL ITEMS 1. Monthly Finance Report Finance Director Meagan Borth presented the preliminary December Finance Report. The Finance Department has not closed out 2024 yet, so the numbers in the Finance Report in the Agenda Packet are not the final 2024 numbers. However the numbers for 2024 to date are very favorable. It is anticipated that 2024 will be closed at the end of January. This allows for any remaining outstanding invoices and transactions to be posted to 2024 budget year. 2. Community Development Update Community Development Director Bryan Dyer provided the following Community Development updates: The 2025 Grant cycle is open. Currently there are not many applications for the grant programs but, as spring weather approaches, it is anticipated that residents will begin Page 3 of 4 City Council Minutes – January 27, 2025 to apply for grant funds for their home improvement projects. Merriam Grand Station is moving along on schedule with the west apartment building going up. Staff is working on the Community Rating System re-certification. This is a program through FEMA that requires re-certification every 5 years. The Community Rating system is used by FEMA to determine flood insurance rates for properties in our community that have flood insurance. Guidelines within the program, that the City complies with help reduce the flood insurance rates 3. Single Hauler Update Assistant City Administrator Caitlin Gard provided a single hauler update. A. INFORMATIONAL ITEMS 1. Public Art Committee - Jan 16 2025 - Minutes were included in the City Council Agenda Packet. VIII. EXECUTIVE SESSION 1. Executive Session - Preliminary discussion for Property Acquisition Councilmember Hands made a motion that the Governing Body recess into Executive Session for preliminary discussion related to property acquisition pursuant to K.S.A. 75-4319(b)(6) which allows the Governing Body to hold an Executive Session for preliminary discussion of property acquisition. Present will be the Governing Body, City Attorney, City Administrator, Public Works Director and Community Development Director. The meeting will reconvene in the Council Chambers at 8:05 pm. Councilmember Yadrich seconded and the motion was unanimously APPROVED. The meeting reconvened at 8:05 pm. IX. ADJOURNMENT There being no further business to come before the council, Councilmember Yadrich move to adjourn at 8:09 PM. Councilmember Rider seconded and the motion was unanimously APPROVED. Respectfully submitted, Juliana Pinnick City Clerk Page 4 of 4  Item Information Form Subject/Agenda Item: Consider bid award to McAnany Construction, Inc. for the 2025 Mill and Overlay Program. Submitted By: Celia Kumke, Public Works Director Meeting Date: February 10, 2025 Project Background/Description: The 2025 Mill and Overlay Program includes a 2-inch mill and overlay and spot curb and gutter and sidewalk replacement on the following streets: W. 47th Terr., W. 48th St., W. 48th Terr., Eby St., Slater St., England St., Kessler St., Hayes St., and Benson St. These streets are generally located north of W. 49th St. between Hayes St. and Antioch Rd. On February 4th, Staff received and opened bids from the following contractors: Contractor Bid Amount McAnany Construction, Inc. $789,000.00 JM Fahey $798,845.50 Freeman Concrete $801,760.00 Superior Bowen $838,993.95 Amino Brothers Co. $841,347.00 Barkley Asphalt $844,842.08 Little Joe's Asphalt $845,149.29 Kansas Heavy Construction $897,059.40 Advanced Asphalt Paving & Concrete $1,028,508.50 Sunflower Paving $1,043,219.00 Phillips Paving $1,094,918.00 Engineer's Estimate $1,299,331.00 Staff has reviewed all bids and recommends the contract be awarded to McAnany Construction, Inc. who submitted the lowest and most responsive bid in the amount of $789,000.00. McAnany Construction, Inc. has completed work in the past for the City of Merriam and has performed satisfactory work. Construction is anticipated to begin in June 2025 and be completed by September 2025. 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: $789,000 Amount Budgeted: $1,325,000 Funding Source/Account #: Special Street & Hwy/Street Overlay/Sidewalk: 301-3050-400-48-20/GM2501 Recommended Motion: Approve a contract with McAnany Construction, Inc. for the 2025 Mill and Overlay program in the amount of $789,000. Supporting Documents: 2025 Mill and Overlay Bid Tab 2-4-25  Bid Tabulation 2025 Mill & Overlay Project Advanced Asphalt Paving & Engineer's Estimate Kansas Heavy McAnany Const. Phillips Paving Barkley Asphalt JM Fahey Merriam, Kansas Concrete February 4, 2025 Item Item Description Unit Quantity Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost No. 1 Force Account (SET) EA 75,000 $1.00 $75,000.00 $1.00 $75,000.00 $1.00 $75,000.00 $1.00 $75,000.00 $1.00 $75,000.00 $1.00 $75,000.00 $1.00 $75,000.00 2 Mobilization LS 1 $48,000.00 $48,000.00 $19,750.00 $19,750.00 $10,408.50 $10,408.50 $40,000.00 $40,000.00 $30,000.00 $30,000.00 $7,500.00 $7,500.00 $5,000.00 $5,000.00 3 Traffic Control LS 1 $8,500.00 $8,500.00 $5,500.00 $5,500.00 $7,500.00 $7,500.00 $7,500.00 $7,500.00 $1,500.00 $1,500.00 $4,500.00 $4,500.00 $11,000.00 $11,000.00 4 Asphalt Mill (Vary Depth) SY 24,512 $6.00 $147,072.00 $2.25 $55,152.00 $2.00 $49,024.00 $3.50 $85,792.00 $2.45 $60,054.40 $2.19 $53,681.28 $2.00 $49,024.00 5 2" Surface Asphalt (APWA Mix 6-01) SY 24,512 $12.00 $294,144.00 $11.45 $280,662.40 $9.75 $238,992.00 $11.25 $275,760.00 $9.80 $240,217.60 $8.90 $218,156.80 $9.00 $220,608.00 6 Full Depth Asphalt (APWA Mix 6-01) (EST) SY 1,200 $119.00 $142,800.00 $46.25 $55,500.00 $42.00 $50,400.00 $48.00 $57,600.00 $38.25 $45,900.00 $48.50 $58,200.00 $35.00 $42,000.00 7 Remove and Replace Concrete Curb & Gutter (All Types) LF 8,323 $65.00 $540,995.00 $45.00 $374,535.00 $38.50 $320,435.50 $62.00 $516,026.00 $65.50 $545,156.50 $48.00 $399,504.00 $44.50 $370,373.50 8 Remove and Replace Sidewalk (4") SF 820 $21.00 $17,220.00 $12.00 $9,840.00 $22.00 $18,040.00 $22.00 $18,040.00 $14.00 $11,480.00 $15.00 $12,300.00 $12.00 $9,840.00 9 Sod - Fescue (EST) SY 1,600 $16.00 $25,600.00 $13.20 $21,120.00 $12.00 $19,200.00 $12.00 $19,200.00 $12.00 $19,200.00 $10.00 $16,000.00 $10.00 $16,000.00 Total $1,299,331.00 Total $897,059.40 Total $789,000.00 Total $1,094,918.00 Total $1,028,508.50 Total $844,842.08 Total $798,845.50 Error in Math in yellow Low Bid in gray Superior Bowen Freeman Concrete Sunflower Paving Amino Brothers Co. Little Joes Asphalt Item Item Description Unit Quantity Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost No. 1 Force Account (SET) EA 75,000 $1.00 $75,000.00 $1.00 $75,000.00 $1.00 $75,000.00 $1.00 $75,000.00 $1.00 $75,000.00 2 Mobilization LS 1 $14,500.00 $14,500.00 $34,200.00 $34,200.00 $4,255.00 $4,255.00 $18,000.00 $18,000.00 $9,084.00 $9,084.00 3 Traffic Control LS 1 $3,400.00 $3,400.00 $5,800.00 $5,800.00 $44,691.00 $44,691.00 $4,500.00 $4,500.00 $2,685.00 $2,685.00 4 Asphalt Mill (Vary Depth) SY 24,512 $1.75 $42,896.00 $2.10 $51,475.20 $3.00 $73,536.00 $2.10 $51,475.20 $3.14 $76,967.68 5 2" Surface Asphalt (APWA Mix 6-01) SY 24,512 $10.35 $253,699.20 $10.50 $257,376.00 $12.75 $312,528.00 $10.15 $248,796.80 $9.49 $232,618.88 6 Full Depth Asphalt (APWA Mix 6-01) (EST) SY 1,200 $59.25 $71,100.00 $42.40 $50,880.00 $99.00 $118,800.00 $67.50 $81,000.00 $49.50 $59,400.00 7 Remove and Replace Concrete Curb & Gutter (All Types) LF 8,323 $41.25 $343,323.75 $35.60 $296,298.80 $43.00 $357,889.00 $40.00 $332,920.00 $42.11 $350,481.53 8 Remove and Replace Sidewalk (4") SF 820 $23.75 $19,475.00 $20.50 $16,810.00 $26.00 $21,320.00 $12.75 $10,455.00 $26.01 $21,328.20 9 Sod - Fescue (EST) SY 1,600 $9.75 $15,600.00 $8.70 $13,920.00 $22.00 $35,200.00 $12.00 $19,200.00 $10.99 $17,584.00 Total $838,993.95 Total $801,760.00 Total $1,043,219.00 Total $841,347.00 Total $845,149.29 Error in Math in yellow Low Bid in gray  City of Merriam ,.Proclamation WHEREAS, during Black History Month, we celebrate many achievements and contributions made by African Americans and recognize their central role in U.S. history; and WH EREAS, Black History Month evolved out of Carter G. Woodson's idea for Negro History Week, which started in 1926, to promote African American history, culture, and achievements; and WHEREAS, the observance of Black History Month calls our attention to the continued need to battle racism and build a society that upholds its democratic ideals; and WHEREAS, the 2025 national theme for the observance is "African Americans and Labor," which highlights the significant role Black people have played in the workforce throughout history, from slavery to modern-day leadership positions in various industries; and WHEREAS, the City of Merriam will join the nation in honoring African Americans and highlighting their workforce contributions to our city; and WHEREAS, the City of Merriam is proud of its Black history, which includes a school desegregation lawsuit, a precursor to Brown v. Board of Education of Topeka. NOW, THEREFORE, I, Bob Pape, by the virtue of the authority vested in me as the Mayor of Merriam, Kansas , do hereby proclaim February 2025 as Black History Month Proclaimed on the 10th day of February 2025. Bob Pape, Mayor ;;;;;a{/M,L~ ,c/( Juliana Pinnick, City Clerk  Item Information Form Subject/Agenda Item: Resolution Adopting the Regional Hazardous Mitigation Plan Submitted By: Darren McLaughlin, Police Chief Meeting Date: February 10, 2025 Project Background/Description: Hazard mitigation planning identifies threats to communities, determines their impacts, sets goals and strategies, and prioritizes actions. The Disaster Mitigation Act of 2000 requires all U.S. political entities to have an approved Hazard Mitigation Plan to be eligible for disaster- related mitigation funds. The Region L Multi-Jurisdictional Hazard Mitigation Plan was developed in 2023 and 2024 by Johnson County, Wyandotte County, Leavenworth County, and the Kansas Division of Emergency Management. It documents the hazard mitigation planning process and identifies hazards, vulnerabilities, and strategies to reduce vulnerability and increase resiliency. The plan was approved by FEMA on November 13, 2024, and adopted via Resolution No. 085-24 by the Johnson County Board of County Commissioners on November 14, 2024. As part of the formal approval process, participants in the plan must also make a formal adoption to be eligible for potential future grant funds. Upon adoption by our city, Johnson County Emergency Management will submit the resolution to the State of Kansas on our behalf. Approval of this resolution will adopt the Plan and would allow us to submit for recovery of Hazardous Mitigation funds through FEMA. The full plan can be reviewed here. City Council Goals and Objectives: 1.0 Enhance Community Identity and Connections 1.1 Facilitate better communication between the city and its citizens. 1.2 Gain insight into public sentiment on community issues and services. 1.3 Encourage participation in sustainability initiatives including economic, environmental, and social sustainability. 1.4 Support a public art program throughout the City. Recommended Motion: Approve a Resolution adopting the Region L Hazard Mitigation Plan. Supporting Documents: 2025 Region L Hazard Mitigation Plan  RESOLUTION NO. A RESOLUTION ADOPTING THE KANSAS REGION L HAZARD MITIGATION PLAN. Whereas, the City of Merriam recognizes the threat that natural hazards pose to people and property within our community and; Whereas, undertaking hazard mitigation actions will reduce the potential for harm to people and property from future hazard occurrences and; Whereas, the U.S. Congress passed the Disaster Mitigation Act of 2000 (“Disaster Mitigation Act”) emphasizing the need for pre-disaster mitigation of potential hazards and; Whereas, the Disaster Mitigation Act made available hazard mitigation grants to state and local governments and; Whereas, an adopted Hazard Mitigation Plan is required as a condition of future funding for mitigation projects under multiple Federal Emergency Management Agency (FEMA) pre- and post-disaster mitigation grant programs and; Whereas, the City of Merriam fully participated in the FEMA prescribed mitigation planning process to prepare this Multi-Hazard Mitigation Plan and; Whereas, the Kansas Division of Emergency Management and FEMA Region VII officials have reviewed the Kansas Homeland Security Region G Hazard Mitigation Plan, and approved it contingent upon this official adoption of the participating Governing Body and; Whereas, the City of Merriam desires to comply with the requirements of the Disaster Mitigation Act and to augment its emergency planning efforts by formally adopting the Kansas Homeland Security Region L Hazard Mitigation Plan and; Whereas, adoption by the Governing Body of the City of Merriam demonstrates the jurisdictions’ commitment to fulfilling the mitigation goals and objectives outlined in this plan and; Whereas, adoption of this legitimizes the plan and authorizes responsible agencies to carry out their responsibilities under the plan. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF MERRIAM, KANSAS ADOPTS THE KANSAS REGION L HAZARD MITIGATION PLAN AS AN OFFICIAL PLAN AND BE IT FURTHER RESOLVED, THE CITY OF MERRIAM WILL SUBMIT THE ADOPTED RESOLUTION TO THE KANSAS DIVISION OF EMERGENCY MANAGEMENT AND FEMA REGION VII OFFICIALS TO ENABLE THE PLAN’S FINAL APPROVAL. Take Effect. This resolution shall be in full force and effect from and after its passage and approval. 1 PASSED BY THE City Council this day of , 2025. APPROVED BY THE Mayor this day of , 2025. Bob Pape, Mayor (SEAL) ATTEST: Juliana Pinnick City Clerk 2  Item Information Form Subject/Agenda Item: Consider approval of an ordinance authorizing the sale, consumption, and possession of alcoholic liquor during the Merriam Drive Live Event and Merriam's 75th Birthday Party according to K.S.A. 41-719 and amendments thereto. (option to waive first reading) Submitted By: Anna Slocum, Parks and Recreation Director Meeting Date: February 10, 2025 Project Background/Description: This year staff is requesting the approval of an ordinance authorizing the sale, consumption, and possession of alcoholic liquor at two events: Merriam Drive Live on Saturday, October 4 from 2–8 p.m. and Merriam's 75th Birthday Party on Thursday, October 23, 2025 from 4-8 p.m. The events will feature a variety of activities such as musical performances, cornhole tournament, yard games, children's activities, food trucks, and a Kansas licensed caterer serving beer and wine. In order for beer and wine to be sold, and participants not be confined to a specific space, an ordinance is required to allow the sale, consumption, and possession of alcoholic liquor on streets and sidewalks within the boundaries permitted. The boundaries, outlined in Exhibit A, would be as follows: west edge of the Farmers’ Market Pavilion to include the parking stalls under the pavilion, to the south end of the Marketplace encompassing the southeast lawn to Merriam Drive at the entrance crossing Merriam Drive to 5701 property. The north property line of Merriam Marketplace encompassing the northeast lawn and entrance crossing Merriam Drive and encompassing all of the 5701 property. As the event details are finalized, the boundary at 5701 could shrink but staff wants to ensure the event space is maximized. The boundaries of the area will be clearly marked by signs and a map of the area will be posted where the sale of alcohol occurs. City Council Goals and Objectives: 1.0 Enhance Community Identity and Connections 1.2 Gain insight into public sentiment on community issues and services. 1.4 Support a public art program throughout the City. 4.0 Maintain Economic Vitality Financial Impact: Amount Budgeted: $31,425 / $50,000 Funding Source/Account #: Transient Guest Fund / General Fund Recommended Motion: Staff recommends waiving the customary first reading and approve an ordinance authorizing the sale, consumption and possession of alcoholic liquor during the Merriam Drive Live Event and Merriam's 75th Birthday according to K.S.A. 41-719 and amendments thereto. Supporting Documents: Merriam Drive Live . Merriam_s 75th Birthday Party Ordinance 2025 Exhibit A- 2025 Boundary Map  ORDINANCE NO. AN ORDINANCE AUTHORIZING THE SALE, CONSUMPTION, AND POSSESSION OF ALCOHOLIC LIQUOR DURING THE MERRIAM DRIVE LIVE EVENT AND MERRIAM’S 75TH BIRTHDAY PARTY EVENT. WHEREAS, K.S.A. 41-719 and amendments thereto requires the governing body of the City of Merriam, Kansas (“Governing Body”) to approve the consumption of alcoholic liquor at an event held on public streets and sidewalks. WHEREAS, the City of Merriam, Kansas is sponsoring such events, Merriam Drive Live, on October 4, 2025, from 2 p.m. to 8 p.m. and Merriam’s 75th Birthday Party on October 23, 2025 from 4 p.m. to 8 p.m. in which a caterer, pursuant to K.S.A. 41-719 and amendments thereto and the Merriam City Code, intends to offer for sale, sell, and serve alcoholic liquor for consumption at the event. NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MERRIAM, KANSAS: SECTION 1: In accordance with K.S.A. 41-719 and amendments thereto, the Governing Body hereby approves the consumption of alcoholic liquor on the street and sidewalks within the boundaries of the permitted area designated on the attached Exhibit A, during the Merriam Drive Live event from 2 p.m. to 8 p.m. on Saturday, October 4, 2025 and Merriam’s 75th Birthday Party event on Thursday, October 23, 2025 from 4-8 p.m. SECTION 2: During said periods when consumption of alcoholic liquor is hereby authorized, the areas of the public street designated within the boundaries of the permitted area designated on the attached Exhibit A shall be and are hereby directed to be closed to vehicular traffic. SECTION 3: During said periods when consumption of alcoholic liquor is hereby authorized, the boundaries of the permitted area designated on the attached Exhibit A shall be clearly marked by signs, a posted map, or other means which reasonably identify the area in which alcoholic liquor may be possessed or consumed at such event. SECTION 4: This ordinance shall be in full force and effect from and after its passage, approval and publication in the official City newspaper, all as provided by law. PASSED by the Governing body on this day of , 20 . APPROVED AND SIGNED by the Mayor on this day of , 20 . Bob Pape, Mayor (Seal) ATTEST: Juliana Pinnick, City Clerk APPROVED AS TO FORM: Ryan Denk, City Attorney  EXHIBIT A BOUNDARY MAP BARRICAD E Merriam Drive Live - Saturday, October 4, 2025 Merriam's 75th Birthday Party - Thursday, October 23, 2025  Item Information Form Subject/Agenda Item: Consider approval of serving alcohol and waiving caterer's license fee for Concert in the Courtyard, Merriam Drive Live, and Merriam's 75th Birthday Party Submitted By: Anna Slocum, Parks and Recreation Director Meeting Date: February 10, 2025 Project Background/Description: Staff is seeking approval to serve alcohol at three events in 2025 and waive the license tax as allowed per ordinance. The events are: Concert in the Courtyard, to be held at the Merriam Community Center on August 15, 2025 from 6:30-8 p.m., Merriam Drive Live on October 4, 2025 from 2-8 p.m. at Merriam Marketplace and Merriam's 75th Birthday Party on October 23, 2025 from 4-8 p.m.. To serve alcohol, a caterers license is required. In March 2016, City Council approved an ordinance amending Chapter 5 - 191 and 192 to allow the local license tax of $500 to be waived when used solely for a City Council approved and sponsored event. If approved, the caterers license is restricted in scope which is noted on the face. If the caterer desires to operate within Merriam for other catering purposes, they are required to pay the full license tax and receive an unrestricted caterer's license. City Council Goals and Objectives: 1.0 Enhance Community Identity and Connections 2.0 Provide Exceptional Service Delivery Financial Impact: Amount Budgeted: $1,000 / $31,425 / $50,000 Funding Source/Account #:Transient Guest / Transient Guest / General Fund Recommended Motion: Staff recommends approval to serve alcohol at three events waiving license fee in accordance with Chapter 5 - 191 and 192 (Caterers Issuance of License) of the Merriam Code of Ordinances, waiving the license tax fee associated with the application of a caterer's license for Concert in the Courtyard, Merriam Drive Live and Merriam's 75th Birthday, three City sponsored and funded events.  Item Information Form Subject/Agenda Item: Consider a payment of $250,000 to the U.S. Army Corp of Engineers for the Upper Turkey Creek Stormwater Project. Submitted By: Chris Engel, City Administrator Meeting Date: February 10, 2025 Project Background/Description: Downtown Merriam has a history of flooding and many of the businesses reside within the floodplain. After the last major flood in 1998, the City reached out to the US Army Corp of Engineers (USACE) for assistance. In the early 2000s the City and USACE began a public process to determine potential solutions to reduce flood risk. In 2015, at the conclusion of that process, the USACE indicated a series of floodwalls and levees was the likely best solution. On June 13, 2022, the City Council approved a Design Agreement with the USACE to begin the design phase for the Upper Turkey Creek Project. During this process the 2015 Feasibility Study has been reviewed and the project scope validated, the hydrology confirmed, economic conditions revisited, and preliminary design work started. It is anticipated to have 35% Design completed in late spring 2025 and City Council have the ability to review and determine if the project will proceed beyond that stage. Should the project proceed, project design will recommence in late summer 2025 when we will enter into a Project Partnership Agreement with USACE which will facilitate the remainder of the design work and then move into the utility/construction phase. Per the Agreement approved on June 13, 2022, there are annual appropriations due from the City to USACE to fund each years' projected scope of work. The FY2025 projected cost is ~$1,600,000. The Federal Government is funding 65% of the design costs ($1,040,000) with the 35% local match being split (75/25) between the Johnson County Stormwater Management Program ($420,000) and the City ($140,000). On December 9, 2024 the City Council approved the first installment in the amount of $300,000. The attached invoice from USACE represents the second installment of the FY2025 payments - in the amount of $250,000. Upon approval, the City, as the Local Sponsor, will pay the USACE and seek reimbursement from Johnson County for their 75% local share amount. 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. 4.0 Maintain Economic Vitality 4.1 Provide support to existing businesses. 4.2 Expand the commercial tax base. 4.3 Facilitate a public discussion about future development possibilities in downtown Merriam. Financial Impact: Amount of Request/Contract: $250,000 Amount Budgeted: $11,000,000 Funding Source/Account #: 301-3050-400-3310 GM2201 Recommended Motion: Recommend the payment of $250,000 to the U.S. Army Corp of Engineers to further the engineering and design of the Upper Turkey Creek Stormwater Project. Supporting Documents: UTC Invoice #5 - 250204 UTC Invoice #5 - Supporting Info  DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, KANSAS CITY DISTRICT 601 E. 12TH STREET, 635 FEDERAL BLDG KANSAS CITY, MO 64106-2824 Mr. Chris Engel February 4, 2025 City of Merriam, Kansas 9001 West 62nd Street Merriam, Kansas 66202-2815 Dear Mr. Engel: A Design Agreement between the City of Merriam, Kansas and the Department of the Army for the Water Infrastructure Improvements for the Nation Act of 2016 (P.L. 114-322), Section 1401(2), Upper Turkey Creek, Kansas Project was signed by the District Commander on June 29, 2022. This letter is your official invoice to remit cash payment in the amount of $250,000.00 in accordance with the provisions of the amended agreement. We understand that you intend to make cash payment using wire transfer. The following information will be required for this transaction: Bank Name: Treas NYC/Funds Transfer Division Account Name: Treas NYC/CTR/BNF=/AC-00008736 Bank ABA/DFI Number: 021030004 Account Number / DFI Info: 00008736 Bank Address: Federal Reserve Bank New York City, NY Mandatory Reference: ROV 11641 G5 Upper Turkey Creek Our contact person for this financial transaction is Ms. Carla Beretta, phone 816-389- 3607. Should you have any questions, I can be reached at 816-389-3238, or by way of email at Geoffrey.J.Henggeler@usace.army.mil. Thank you for your prompt attention to this matter. Sincerely, HENGGELER.GEOFFRE Digitally signed by Y.JOSEPH.124144926 HENGGELER.GEOFFREY.JOSEPH.1 241449269 9 Date: 2025.02.04 11:36:28 -06'00' Geoffrey Henggeler Chief, Project Management Supporting Information to the Upper Turkey Creek February 2025 Sponsor Invoice Request. The information below is offered to assist in understanding how this request for additional project funds is calculated. Supporting Facts: • The total project cost (TPC) is cost shared 65% Federal and 35% Sponsor. • The sponsor has provided the following funds to date: DATE SPONSOR NOTES CONTRIBUTION AMOUNTS July 2022 $490,000 35% share of the $1,400,000 project cost estimated in the design agreement. August 2023 $120,000 To support the boundary survey contract work. January 2024 $420,000 To support design efforts in calendar year 2024. December 2024 $300,000 To support design efforts for the first half of calendar year 2025. $1,330,000 • As of 4 February 2025, approximately 75% of the total project funds, federal and sponsor, have been obligated on the project. This includes funding for the VE AE contract but does not include funding for the AE contract with HNTB. Assumptions • Calendar year 2025 budget projections, which include a VE study, 35% Agency Technical Reviews (ATR), 65% design, Post Authorization Change Report development and economics update, are estimated to be $1.6M. • No construction contract awards are planned for calendar year 2025. • A contract for VE design was awarded in December 2024. • A contract for AE design support will be awarded in February or March 2025. • Likely a contract for the Safety Assurance Review, by an outside agency, will be awarded in calendar year 2025 to review the H&H modeling. Constraints. • The project cannot certify Federal or Sponsor funds out of balance with the cost share. To use federal funds, receipt of the sponsor match is required. • Current available funds (Federal and Non-Federal Sponsor) are adequate to support current labor efforts, however without additional Sponsor funds, and AE contract would not be able to be awarded in a timely manner. Steps in calculating the additional Sponsor cash needed: 1. Total estimated funds required for CY 2025 is estimated to be $1.6M. Additional AE contract awarded options, for Merriam Drive Bridge design, could impact this estimate. 2. Sponsor match of 35% required = $1.6M * 0.35 = $560,000. 3. Current request for sponsor match is $250,000. 4. The remainder of the CY 2025 sponsor match of $250,000 is requested to continue design and fund the and is expected to be needed midway thru the year. Estimated budgets for the PACR, SQRA, SAR contract and 65% design will be updated by June to ensure the current total estimated funds required is on target for the remainder of the calendar year.  Memo Subject/Agenda Item: February CIP Update Submitted By: Celia Kumke, Public Works Director Meeting Date: February 10, 2025 To: Mayor & City Council Background/Information:  Underground Utilities – Shawnee Mission Pkwy Corridor – Capital Electric has installed approximately 855' of conduit along the south side of SMP and 64th Place, and bored 100' of conduit under SMP.  2025 Mill & Overlay Project– This project includes a 2" mill & overlay and replacement of curb and gutter, sidewalk, and ADA ramps. The project location is generally 47th St. to 49th St. between Hayes St. and Antioch Rd. The bid opening is Feb. 4th.  Gabion Basket Repair Project – The project includes repair of gabion baskets on Quail Creek north of Advent Hospital. Sanitary sewer replacement and the wall footing have been completed. Retaining wall blocks are scheduled for installation the week of Feb. 10th contingent on inclement weather.  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. Land acquisition is underway with construction anticipated to begin in late May or early June.  75th St. Bridge Repair Project – The project includes bridge pier rehabilitation and is being administered by the City of Overland Park. Pyramid has begun design/build services with an anticipated completion of design in late April.  2025 Street and Drainage Project: The project includes stormwater lining or replacement, a 2" mill and overlay, and spot replacement of curb/gutter and sidewalk. The project location is 61st St. east of Antioch, Hardy St. (Johnson Dr. to 61st St.), and 59th Terr., 60th St., and 60th Terr. east of Hardy to city limits. Preliminary plans are currently being reviewed by Staff.  Carter Ave. (67th St. to Carter Ave.): The project includes a 2" mill and overlay, stormwater improvements, replacement of curb/gutter, and installation of a 5' sidewalk. Design is currently underway with construction to begin in 2026.  Shawnee Mission Parkway and I-35 Preliminary Engineering Study (PES): The first kickoff meeting with the Work Group was held on Nov. 4. The existing conditions traffic model will be presented to the Work Group on March 31. Supporting Documents: CIP Map  49th Street Improvements 2025 Overlay Monthly CIP Update ´ 2025 Street and Drainage Improvements SMP & I-35 PES SMP Underground Utilities Carter Ave Improvements 75th St Bridge Repair Gabion Basket Repair Date: 2/3/2025  MINUTES Advisory Board Meeting City of Merriam, Kansas Merriam Community Center Wednesday, January 29, 2025 6:00 PM 6040 Slater Street 1. ROLL CALL/ATTENDANCE The January meeting of the Merriam Parks & Recreation Advisory Board was called to order at 6:03 by Chairperson George Vesel. Board members in attendance included: Tyson Boyer; Kathy Stull; Katie Leary; Christopher Leitch; David Zukley; George Vesel; Alex Supple; and Doug Murphy. Staff members in attendance were: Anna Slocum, Parks and Recreation Director and Abby Hall, Guest Services Coordinator. a. Introduction of new Youth Representative Tyson Boyer was introduced to the group as the new youth representative replacing Evan Quinley who resigned his position to attend college at Pittsburgh State. 2. PUBLIC COMMENTS There were no public comments. a. Sensory Enhanced Aquatics Swim-A-Thon Request A detailed letter outlining the request of KU Sensory Enhanced Aquatics was included in the packet.. The request is the donation of lap lane use for their fundraising event. The date that works for both entities would be Sunday, July 13th. This would be the fourth year the program has been held at this facility. KU would be responsible for the expense of guards, but other building staff would already be in the facility due to the church rental and additional staff would not be needed. Lisa Mische and Kayla Hamner provided an update to the Board regarding the program and the success of the fundraiser. Discussion:  Instructors for this program come mostly from the University of Kansas OT Department.  There are Merriam residents who participate in this program and KU staff will let the board know at the next meeting how many residents participate.  Staff keep a recreation report for every season. The Board is provided those numbers for every class and are able to see the attendance of the KUSEA program. Page 1 of 5 Parks & Recreation Advisory Board Minutes – January 29, 2025 3. APPROVAL OF NOVEMBER 26, 2024 MINUTES a. November 26, 2024 Minutes Board Member Leitch made a motion to approve the November 26, 2024 minutes. Board Member Zukley seconded and the motion was unanimously APPROVED. 4. STAFF REPORTS a. DIRECTOR'S REPORT i. Community Center Update A detailed memo was included in the packet. Updates to the information included:  The HDMI connectors have been replaced.  The Merriam Park, Recreation Community Center Foundation met and approved their annual donations. This year they are purchasing a squat rack platform with weights, sponsoring the coffee station, providing $9,000 in scholarship assistance, $1,000 sponsorship to Merriam Drive Live and up to $1,000 for the Heartland Purchase Award. In addition the Dolphin Fund, a sub-fund within the Foundation, will be providing all youth swim lesson participants a book entitled "Swim Team". The goal is to encourage more participants to explore joining the swim team. The Dolphin Fund will once again support scholarships for swim lessons and swim team for qualifying children.  On Tuesday, January 28 the Parks and Recreation Department received 2 state awards and Mayor Bob Pape received the Distinguished Elected Official Award. Discussion:  The $9000 in scholarship assistance is applied to the total cost of scholarships and helps offset the cost. Any Merriam resident that applies for scholarship and is deemed eligible receives assistance. Last year there was over $12,000 in scholarship assistance provided to residents for memberships.  It is noted that the Board is appreciative of the work that the staff at the center does. ii. Monthly Community Center Membership Report A detailed memo with supporting reports were included in the packet. Updates to the information included:  Blue Cross Blue Shield of Kansas City dropped the Medicare Advantage program ending Silver Sneakers. To keep this benefit, seniors enrolled in this program had to change their Medicare Advantage provider. Due to this, the January membership report will reflect a significant change in memberships. Page 2 of 5 Parks & Recreation Advisory Board Minutes – January 29, 2025  Memberships for the year increased almost 1,000 units with cancellations less than 2023.  With the facility being closed for 2 days, membership and daily visits will likely not surpass visits of 2024. The average daily visits have increased (402/day in 2024 vs 394 in 2023) but the loss of the two days of operations was difficult to overcome. This will be the first time that membership visits have not exceeded the previous year's visits.  January revenue is anticipated to surpass 2024's revenue. iii. Fall 2024 Recreation Report A detailed report was included in the packet. Total participation increased 6,162 visits from 2023 a 8.9% increase. Staff is monitoring adult fitness classes to determine what changes are needed to meet the need of adult participants. It is a priority in 2025 to see significant growth in these programs as the fitness coordinator has now been on staff for 6 months. Staff will investigate the Youth Aquatics enrollment numbers. Upon further review in preparing for this meeting there seems to be an anomaly with some of the registration numbers compared to participation. Staff will report back with an update. Discussion:  Participation in general for classes has gone up from 2023 to 2024.  Enrollment in Adult Fitness compared to Participation is due to the Fit Class Pass. This is also seen in Water Fitness. These classes still allow for enrollment. Staff does track participation in class which determines popularity and lifecycle of the class. iv. 2024 Annual Recreation Report A detailed report was included in the packet. Discussion:  Annual participation has increased by 21,941 of the year! In the past the majority of memberships were those residents who lived in Merriam. Now, patrons are within a 20 minute drive radius. b. ASSISTANT DIRECTOR'S REPORT i. PROGRAM EVALUATIONS 1. 28th Annual High School Visual Art Competition Total number of schools that have participated have gone up from previous years even though the total number of works has decreased. Staff speculates this is due to teachers recognizing the smaller space and work required to submit the vast number of works submitted in the Page 3 of 5 Parks & Recreation Advisory Board Minutes – January 29, 2025 past. 2. Christmas in the Courtyard It was noted that the library was not involved in the lighting of the Municipal Plaza. Staff did ask, and they do not participate in Christmas events. Logistics of Santa coming in will be reevaluated for next years event. Monitoring of the "last person" in balloon/face painting line will be reevaluated for next years event. 3. Breakfast with Santa This is an event that sells out annually. The boy scouts provided breakfast and it seemed to work out better than previous events. ii. UPCOMING EVENTS 1. "Three Artists" Opening Night Reception An event flyer was included in the packet. Discussion:  Roy Inman is a renowned photo journalist who worked for the KC Star. Jeff Berg is the husband of Ingrid Berg. 2. February 7 - Free Day Merriam Residents An event flyer was included in the packet. Discussion:  No increase in membership following a free day have been seen. 3. '80s Retro Party An event flyer was included in the packet. iii. PROGRAM UPDATES 1. 29th Heartland Artist Exhibition Update This year there were 63 artists that submitted 181 works. This is a decrease of 46 artists from 2024. Staff is not sure why such a dramatic decrease as the event was advertised in the same manner as 2024. There are 6 states represented in submission - Arizona, Colorado, Kansas, Missouri, Ohio and Oklahoma. The Merriam Park, Recreation and Community Center Foundation is once again purchasing a work from the show to add to the permanent collection. The judge, Mike Flora will be onsite in the week of February 10 to select the winners of the event. Opening reception will be Saturday, March 1 from 5:30 - 7:30 p.m. If interested in volunteering please contact Ingrid. Page 4 of 5 Parks & Recreation Advisory Board Minutes – January 29, 2025 5. NEW BUSINESS 6. OTHER BUSINESS a. Updated Advisory Board Roster Board members were provided an updated roster. It was noted the Chairperson and Vice-Chairperson had not been updated after the election. That will be corrected but a new list will not be distributed. 7. ADJOURNMENT Board Member Leary made a motion to adjourn the meeting at 6:55 p.m. Board Member Leitch seconded and the motion was unanimously APPROVED. Page 5 of 5