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Transcription Services City of Shawnee

Request for Proposals 1 September 18, 2012

Request for Proposal Transcription Services

Requests for Proposal (RFP) will be received by the City of Shawnee, hereinafter referred to as the Owner, at the office of the City Clerk at Shawnee City Hall, 11110 Johnson Drive, Shawnee, Kansas, until 2:00 P.M., Wednesday, October 10, 2012.

The RFP is for Transcription Services. The Contract may be awarded no later than October 26th, 2012, by the City at the sole and complete discretion of the City. The City of Shawnee reserves the right to reject any or all responses and to waive informalities or irregularities in responses.

The Request for Proposal for Transcription Services is to establish a qualified contractor who can provide transcription services for City Council and Council Committee meetings.

The City will accept RFP responses from individuals or companies interested in providing the required services.

If you have questions regarding this document or for project information, please contact Keith Campbell, City Clerk at (913)742-6243.

Each response shall be made using the format specified in this document. Request for Proposal responses shall be submitted in sealed envelopes and shall be marked "RFP for Transcription Services.” Responses received after the time and date above specified shall be returned, unopened, to the submitting vendor.

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Transcription Services City of Shawnee

Request for Proposals 2 September 18, 2012

Background and Purpose

The City of Shawnee, Kansas (the City) is soliciting proposals for transcription services for recorded City Council and Council Committee meetings. The City has two Council meetings and one Council Committee meeting per month. There is the possibility that there may be one to three special meetings throughout the year or additional meetings for discussion of the budget. These meetings generally occur in the spring. From time to time, meetings may also be cancelled.

The City encourages all eligible and qualified persons to examine this RFP carefully.

Qualified individuals or companies are requested to submit proposals to provide transcription services as defined in this RFP. This RFP, including the exhibits, is available in electronic format on the City’s Internet site at www.cityofshawnee.org or by contacting Keith Campbell, City Clerk at (913) 742-6243 or by e-mail at [email protected].

Contract Terms

The term of the anticipated transcription services agreement will be for one year, from November 1, 2012, through November 1, 2013, with two additional one-year renewal options. The first anticipated meeting that transcription services will be required is November 12, 2012. The contract shall be at a fixed price for the initial one-year term, and the City desires to know the maximum price escalation if any for the one year renewal options.

Qualifications

This section lists the minimum qualifications and criteria for a transcription service to be eligible for consideration and evaluation. Specific responses to each requirement must be provided in the accompanying response forms. For a proposal to this RFP to be considered and evaluated, a transcription service must:

 Have the ability to transcribe detailed, accurate and grammatically correct minutes in a prescribed format;

 Have the ability to electronically retrieve via the internet sound files via the Internet;

 Transmit finished product to the City Clerk electronically via the internet by a mutually agreed upon time, usually by five pm, seven calendar days following the meeting. In the case of exceptionally long meetings, those exceeding three hours, the City Clerk and contractor may agree on a later time;

 Provide three references for similar type work performed;

 Have a computer with the Microsoft Word 2007 version or newer;

 Have the ability to submit finished product electronically via the internet;

 Have the ability to install For The Record (FTR) Player Software on your equipment requiring

o Windows XP Home/Professional SP3; or

o Windows 7 Home/Professional/Ultimate SP1 32-bit or 64-bit; or o Novell Client 4.91 SP4 for Windows XP/2003; or

o Novell Client 2.0 SP1 for Windows Vista and Windows 7; and o CPU: Intel Core i3 Processor or equivalent;

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Transcription Services City of Shawnee

Request for Proposals 3 September 18, 2012

o Memory: 2GB;

o Display Monitor: 1024 x 768;

o Windows compatible stereo sound card;

NOTE: As with any software there are hardware and software requirements which need to be in place prior to installing and using FTR software. While this list shows the

recommended system requirements, it is important to be aware that using additional programs may require a higher specification.

Scope of Services

The successful contractor will exercise independent judgment, professional skill, and methods for the performance of the described services as follows:

 Attend two meetings to familiarize the transcriber with elected officials and staff members who regularly speak at meetings;

Retrieve the agendas for City meetings via the City’s web site to assist in transcription.

 Transcribe detailed, accurate and grammatically correct minutes in a prescribed format for City Council, Council Committee and Special City Council meetings.

 Transmit finished product to the City Clerk electronically via the internet by a mutually agreed upon time, usually by five pm on the Monday following a meeting. In the case of exceptionally long meetings, those exceeding three hours, the City Clerk and contractor may agree on a later time.

 Invoice the City following completion of each meeting for all services rendered. Bills shall be submitted to the City Clerk via email. The contractor shall only bill for services and assistance specifically requested by the City.

The bill submitted by the contractor shall identify the date of the meeting, the length of the meeting and the number of pages for which payment is requested.

Although not required, preference will be given to Contractors who will commit to providing a consistent staff member to provide transcription services.

City Responsibilities

The City shall provide direction as to the result to be accomplished and review the quality of the product. Upon timely completion of services in accordance with the completed services included in the “Scope of Services” above, the City shall provide payment.

In addition, the City shall:

 Furnish the software and equipment to record the meetings;

 Provide the software to be installed on individual or contractors computer to transcribe meetings;

 Provide staff assistance identifying citizens, and other individuals who speak at meetings, and clarification on other issues;

 Edit, proof and attest to the final document;

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Transcription Services City of Shawnee

Request for Proposals 4 September 18, 2012

 Provide notification to the contractor when a meeting is cancelled immediately after receiving notification.

Evaluation

Proposals will be evaluated by a City staff committee based on a complete analysis of each response. Specifically, each proposal will be judged on the demonstrated understanding of the requirements of the services to be provided, expertise and availability of person transcribing, and total cost of services to be charged. Further, the contractor’s ability to provide the service and references for similar work will also be part of the evaluation process.

The City reserves the right to utilize other appropriate selection and evaluation criteria as it deems necessary.

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Transcription Services City of Shawnee

Request for Proposals 5 September 18, 2012

Contract Proposal (to be completed by Contractor)

Please provide the following:

1. Vendor or Individual Name, Street Address, City, State, Zip

2. Vendor or Individual Telephone Number and Fax Number

3. Length of time in business or performing transcription services

5. Pricing and Contract Information

To retrieve an electronic recording via the Internet and produce a detailed transcript* that is returned electronically in Microsoft Word format within the turnaround time indicated on page three Scope of Services.

__________________ per page and/or

__________________per transcribed minute

Other Fees – Please include amount and describe in detail any other fees you would charge

Will you use the same transcriber for all

meetings? Yes______ No______

2nd Year Fees __________________ per page

and/or

__________________per transcribed minute

3rd Year Fees __________________ per page

and/or

__________________per transcribed minute

*example of detailed transcript attached

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Transcription Services City of Shawnee

Request for Proposals 6 September 18, 2012

Customer References

Please list up three references for similar type work performed.

Information to be provided should include Customer/Client name, Individual name if different, Phone number, Mailing address, Fax number, Customer size, Web site address, and Dates work performed.

1.

2.

3.

Printed Name:

Signature:

Title:

Date:

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Transcription Services City of Shawnee

Request for Proposals 7 September 18, 2012

Calendar

RFP Released September 18th, 2012

Responses to RFP due 2:00 PM, October 10th, 2012

Evaluation of RFP Responses October 12th – October 19th, 2012 Recommendation to City Manager October 22nd, 2012

Contract Award Week of October 22nd, 2012

Contact Information

Questions regarding this RFP should be directed to:

Name: Keith Campbell Address: City of Shawnee

City Clerk

11110 Johnson Drive S h a w n e e , Kansas 66203 Telephone: (913) 742-6243

Fax: (913) 631-7351

E-mail: [email protected]

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CITY OF SHAWNEE CITY COUNCIL MEETING

MINUTES FEBRUARY 9, 2009

7:30 P.M.

Mayor Meyers called the meeting to order at 7:35 p.m. in the Shawnee City Hall Council Chambers. He welcomed the public and all stood and recited the Pledge of Allegiance, followed by a moment of silence.

Councilmembers Present Staff Present

Councilmember Scott City Manager Gonzales

Councilmember Pflumm Assistant City Manager Charlesworth

Councilmember Sawyer City Clerk Powell

Councilmember Goode City Attorney Rainey

Councilmember Kuhn Assistant City Attorney Rainey Councilmember Sandifer Public Works Director Freyermuth Councilmember Straub City Engineer Wesselschmidt Councilmember Distler Police Chief Morgan

Fire Chief Hudson Finance Director Kidney Planning Director Chaffee

Parks and Recreation Director Holman

Deputy Parks and Recreation Director Lecuru Information Technologies Director Doherty Senior Project Engineer Lindstrom

Traffic Engineer Sherfy Aquatics Director Keenen

Members of the public who spoke: (Item 15) RAY ERLICHMAN, 7510 Garnett Street;

(Business from the Floor) RAY ERLICHMAN, 7510 Garnett Street, WANDA MINOR, 7628 Legler; (Item 16) RON MEERS, 6915 Monticello Road; (Item 19) JERRY JOHNSON, Shafer, Kline & Warren.

CONSENT AGENDA

1. APPROVE MINUTES OF THE CITY COUNCIL MEETING OF JANUARY 26, 2009.

2. REVIEW MINUTES OF THE PLANNING COMMISSION MEETING OF JANUARY 21, 2009.

3. REVIEW MINUTES OF THE PUBLIC WORKS AND SAFETY COMMITTEE MEETING OF JANUARY 20, 2009.

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PAGE 2 CITY COUNCIL MINUTES FEBRUARY 9, 2009

4. CONSIDER THE MID-AMERICA REGIONAL COUNCIL (MARC) HOME REMODELING LOAN PROGRAM.

5. REVIEW OF SUP-01-04-01, A SPECIAL USE PERMIT PREVIOUSLY ISSUED TO JENNIFER BEADLE FOR GARDEN GATE DAY CARE, TO ALLOW A DAYCARE WITH UP TO TWELVE (12) CHILDREN IN THE R-1 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT, LOCATED AT 5248 GLEASON ROAD.

6. REVIEW OF SUP-10-98-12, A SPECIAL USE PERMIT PREVIOUSLY ISSUED TO SONIC DRIVE-IN, FOR A FAST FOOD RESTAURANT IN THE CN (COMMERCIAL NEIGHBORHOOD) ZONING DISTRICT, LOCATED AT 5500 HEDGE LANE TERRACE.

7. REVIEW SUP-03-07-01, A SPECIAL USE PERMIT PREVIOUSLY ISSUED TO PHIL AND LINDA STECK FOR CHRISTOT’S DAY SCHOOL, TO OPERATE A MONTESSORI AND PRESCHOOL WITH UP TO SIXTY (60) CHILDREN, IN THE CH (COMMERCIAL HIGHWAY) ZONING DISTRICT, LOCATED AT 21403 MIDLAND DRIVE.

8. CONSIDER CHANGE ORDER NO. 4 AND FINAL FOR THE TURKEY CREEK TRIBUTARY AT JOHNSON DRIVE STORM DRAINAGE IMPROVEMENTS, P.N. 3285 (SMAC TC-21-051).

9. ADDENDUM NO. 5 FOR ENGINEERING SERVICES FOR THE BRIANWOOD NORTH (50TH STREET/50TH TERRACE) STORM DRAINAGE IMPROVEMENTS, P.N. 3327 (SMAC TC-21-053).

Councilmember Sawyer, seconded by Councilmember Sandifer, moved to approve the entire Consent Agenda. The motion carried 8-0.

MAYOR'S ITEMS

10. THE MAYOR MAY PRESENT ITEMS FOR CONSIDERATION.

Mayor Meyers recognized the Boy Scouts from Troops #93 and #351.

Councilmember Sandifer recognized Brandon Bienhoff for his accomplishments and for becoming a new Eagle Scout.

PUBLIC ITEMS

ITEMS FROM THE PLANNING COMMISSION MEETING OF JANUARY 21, 2009 11. CONSIDER WITHDRAWAL OF SUP-5-00-7, THE SPECIAL USE PERMIT

PREVIOUSLY ISSUED TO PHIL AND LINDA STECK FOR CHRISTOT’S

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PAGE 3 CITY COUNCIL MINUTES FEBRUARY 9, 2009

COUNTRY DAY SCHOOL, TO ALLOW THE OPERATION OF A MONTESSORI AND PRESCHOOL WITH UP TO FORTY-SIX (46) CHILDREN IN THE CH (COMMERCIAL HIGHWAY) ZONING DISTRICT, LOCATED AT 21403 MIDLAND DRIVE.

Councilmember Sandifer, seconded by Councilmember Pflumm, moved to accept the withdrawal of SUP-05-00-07 to Christot's Country Day School for up to forty-six (46) children in the CH (Commercial Highway) zoning district, located at 21435 Midland Drive. The motion carried 8-0.

ITEMS FROM THE PLANNING COMMISSION MEETING OF JANUARY 21, 2009 12. CONSIDER WITHDRAWAL OF SUP-01-08-01, THE SPECIAL USE PERMIT

PREVIOUSLY ISSUED TO PHIL AND LINDA STECK FOR STECK DAYCARE, TO ALLOW A DAYCARE WITH UP TO TWELVE (12) CHILDREN IN THE R-1 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT, LOCATED AT 21435 MIDLAND DRIVE.

Councilmember Kuhn, seconded by Councilmember Sandifer, moved to accept the withdrawal of SUP-01-08-01 to Steck Daycare to allow 12 children at 21435 Midland Drive.

Councilmember Pflumm asked if the City made them have two in the same building.

Planning Director Chaffee replied this is next door. He stated they also own a home and one of their employees was going to operate it as a home occupation and have closed down that operation. He stated the first special use permit approved was replaced by the one on the Consent Agenda, where the preschool enlarged to 60 children, so they got rid of the old special use permit that only allowed 46 children.

Therefore the motion read:

Councilmember Kuhn, seconded by Councilmember Sandifer, moved to accept the withdrawal of SUP-01-08-01 to Steck Daycare to allow 12 children at 21435 Midland Drive. The motion carried 8-0.

COUNCIL ITEMS

ITEMS FROM THE PUBLIC WORKS & SAFETY COMMITTEE MEETING OF JANUARY 20, 2009, CHAIRED BY COUNCILMEMBER GOODE

13. DISCUSS REQUEST FOR TWO VARIANCES FROM THE CITY'S OPEN CHANNEL SETBACK AND FLOODPLAIN STANDARDS.

Councilmember Goode, seconded by Councilmember Sandifer, moved to approve two variances from the City’s open channel building setback and floodplain standards to

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PAGE 4 CITY COUNCIL MINUTES FEBRUARY 9, 2009

allow the construction of a building addition for Johnson County Park and Recreation District's Streamway Parks System Maintenance Shop at 6555 Vista Drive. The motion carried 8-0.

14. DISCUSS POLICY STATEMENT PS-49, CEMETERY ADMINISTRATION.

Councilmember Goode, seconded by Councilmember Scott, moved to approve the revisions to PS-49, Cemetery Administration, to update pricing and also to include prices for the columbarium into the policy statement.

Councilmember Pflumm asked how long ago the City took over that cemetery and built the columbarium. He stated it looks like a 20% increase.

Parks and Recreation Director Holman replied the City took over Pleasant View on August 18, 2004 and took over Shawnee Cemetery in 2005 or 2006.

Councilmember Pflumm asked if they set pricing at that time and are now increasing it by 20%.

Parks and Recreation Director Holman replied he received a call from Bill Haley and the other cemeteries have already increased their prices. He stated where they are today is somewhat behind them. He stated it is very important that this fund is self sufficient. He stated mowing and everything else is getting more expensive. He stated they are just trying to keep things in line with the other cities.

Parks and Recreation Director Holman stated he does not have a sales office, so he believes Shawnee’s prices are low. He stated he went to Amos, the experts, who have helped him. He stated he also talked to Jean with Newcomers about pricing. He spoke with Maple Hill as well about their pricing.

Parks and Recreation Director Holman stated if they look at today’s pricing, Shawnee is quite a bit below that just to be somewhat cost effective to sell the lots and pay for the opening and closings, as well as keep up on the mowing to keep it looking nice.

Councilmember Pflumm asked if anyone can come in from anywhere and be buried in that cemetery.

Parks and Recreation Director Holman answered yes.

Councilmember Pflumm asked if there is no benefit to being a Shawnee resident.

Parks and Recreation Director Holman answered no. He stated the people really come from all over.

Councilmember Pflumm stated he thought it was a big increase.

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PAGE 5 CITY COUNCIL MINUTES FEBRUARY 9, 2009

Parks and Recreation Director Holman stated from what it was before, with it being

$100.00, there is just no way from where it was when the City took it over to stay the same.

Councilmember Pflumm asked $100.00 for what part.

Parks and Recreation Director Holman answered for Shawnee. He stated he believes it was around $100.00, but was not even close for even just the gravesite.

Councilmember Straub asked if the cemetery is profitable or if they are losing money.

Parks and Recreation Director Holman replied they took the money from the trust from the Shawnee Cemetery to build. He stated it is like the stock market.

Councilmember Straub stated they know there are still going to be demands.

Parks and Recreation Director Holman answered, sure there is. He stated they gave it another opportunity with the columbarium.

Councilmember Straub asked if Lenexa is building one twice or three times the size of Shawnee’s.

Parks and Recreation Director Holman replied the columbariums are really popular right now. He stated they hope they can double and a half what they put into it.

Councilmember Straub stated he is less worried about making money, because it is so expensive for funerals right now, if they can keep the prices lower he does not care if all the cities are doubling things up in this area right now, he does not want to make a lot of money on people’s tragedies.

Parks and Recreation Director Holman stated that is a Council decision if they do not want to make money.

Councilmember Straub stated it is not that, but does not want to lose money.

Parks and Recreation Director Holman stated at some point it is all going to be built out and once that money is all used up it will come from the General Fund.

Councilmember Straub asked what the timeframe is they are looking at before it is built out.

Parks and Recreation Director Holman replied he has no idea.

Councilmember Straub asked how long it has been open so far.

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PAGE 6 CITY COUNCIL MINUTES FEBRUARY 9, 2009

Parks and Recreation Director Holman replied it has been open a long time, but he does not have that information with him this evening.

Councilmember Goode stated there are some markers from the 1800’s and from the 1700’s in the next older ones.

City Manager Gonzales stated the question from Councilmember Straub is how long it will generate revenue and how much will they generate on an annual basis and whether or not they can afford to pay the person who is mowing it from that revenue or will they eventually have to dip into the General Fund – that is the issue at hand.

Councilmember Sawyer stated he thinks the bigger issue is how many plots are left to sell. He asked if they have that number; is it 80% or 85% built out.

Parks and Recreation Director Holman replied it is probably 60% full.

Councilmember Sawyer asked which one.

Parks and Recreation Director Holman stated they just put them all together; there are plots left in Shawnee. He stated Mr. Garrett just quit selling, but there are quite a few sites left in Shawnee. He stated with what they have done with the columbarium, there are 72 niches and they can expand off that, three top, so there are over 200 niches in just three columns in the garden. He stated they can expand either way if it still becomes popular.

Parks and Recreation Director Holman stated when they said it gets to 70%, they should buy the next one.

Councilmember Sawyer stated they would just put the footings in and then all they would have to do is put in the columbarium.

Parks and Recreation Director Holman thanked the Council for allowing them to do that, because he said now there will be no digging and it is already made and they can come right in off the street and set it.

Councilmember Straub stated if the City is making money as it is and can keep it that way, he thinks if they are already 60% filled out, they probably have at least 30 years left if they started in the 1800’s.

Councilmember Goode stated it is filling up quite a lot faster these days. He lives right next to the cemetery.

Councilmember Straub stated everything keeps going up and he does not want to tax the people for everything and have that become the City’s solution for everything, because a lot of the people do not have the funds. He stated he is probably going to vote this down,

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PAGE 7 CITY COUNCIL MINUTES FEBRUARY 9, 2009

because he does not think the City needs to take advantage of people’s tragedies at that time. He stated if it is profitable, the City is not losing any money.

Councilmember Kuhn stated she thinks they should remind the Council that this was not an endeavor that the Council or City got into as a profit making, tax, or benefit to their citizens, but is a cemetery that stopped being able to sustain itself and carry the cash flow to maintain it at a level that showed the dignity and respect to those who passed on.

Councilmember Kuhn stated as somebody whose grandmother’s cemetery went into receivership in Illinois, she knows what happens when the City stops thinking for the long term and thinks about the short term newsbyte that says the City is not raising prices. She stated the staff brought to the Council a reasonable cost for reasonable services that will give long term care to something that will not go away.

Councilmember Kuhn stated once the cemetery has been filled, and it will be filled, the City will no longer have the revenue coming in from those sites to continue to provide revenue for perpetuity to mow, maintain, and to keep safe that area. She stated maybe than rather looking at a short term salutation, which happens all of the time up here, they should recognize that they are in line with what the rest of the people in this area are who are providing this same type of service and that there is a reason for it. She stated while it may not be a grand plan to raise a price on something now and sure will not look great on a political re-election campaign. She stated what it does look good on, is being a leader and not just a politician to do the right thing for the long term.

Councilmember Goode stated he has been around this town for a while and has watched the progress of that cemetery. He stated his first 30 years of living right next to it, he was very familiar with the people who operated it – the McAnany Family. He stated they did not try to rob anyone, but took care of what they had to do and prices were moderate. He stated what they are starting with here are very moderate, in fact, he might say too moderate, but at that time maybe that was okay.

Councilmember Goode stated Parks and Recreation Director Holman started with a low base to begin with. He stated they did most of the maintenance and did not hire it out.

He stated most of the McAnany boys, nephews, and nieces came in there and mowed that thing. He stated at this point in time, he is not too worried about raising the price too high at all.

Parks and Recreation Director Holman stated if they look at the prices, they are actually

$400.00 below just for a grave and everyone else just raised their prices. He stated he thinks the City is in line and not going to the bank with this thing. He stated last year the City made $35,000 and really they are just breaking even right now from last year.

Councilmember Goode stated he is familiar with Resurrection Cemetery and he can tell them all it costs quite a bit to buy a plot there. He stated most people buy two plots for a couple and they are expensive in comparison to this.

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PAGE 8 CITY COUNCIL MINUTES FEBRUARY 9, 2009

Councilmember Pflumm stated he really does not have a big issue with this, but when the City raises things, instead of doing it 3% or 4% a year, they tend to raise things in big chunks. He stated in the future if they do something like that it is beneficial to give the citizens of Shawnee a break because they are really on the hook for it in the future coming anyway. He stated in the future, he would like to see in the future if they have to raise things by 20%, maybe the citizens of Shawnee could get a different rate.

Councilmember Sawyer stated he would add to Councilmember Pflumm’s statement that that is true if someone needs a plot today, but on the other side of the coin, the citizens of Shawnee will be on the hook, at least the ones still living, when there are no funds to take care of the cemetery. He stated someone is going to have to take care of the cemetery and those funds will come out of the General Fund, once those funds run out. He stated that is now the City ended up with these two cemeteries in the first place because the City of Shawnee did not want to be in the cemetery business, but one of them ran out of funds because they could not take care of it.

Councilmember Sawyer stated the State law says if the cemetery is within the city limits, the city then has to take it over and start maintaining it. He stated it all sounds great that they are not going to raise the prices today, but that is the problem with this whole country, at least in his opinion, in that they push everything off and then someone has to pay for it. He stated they need to start looking at it long term and try to accumulate as much cash as they can.

Councilmember Sawyer stated he believes, if he is told correctly by City Manager Gonzales and the Finance Department correctly, that they are setting a fund aside to help maintain these things, because that will not last forever. He asked how much it costs to mow these cemeteries each year.

Parks and Recreation Director Holman replied they just took bids. He stated it probably costs around $10,000 each year, but that does not count for issues with the trees or other landscaping.

Councilmember Sawyer stated that does not count for the roads throughout the cemeteries.

Parks and Recreation Director Holman stated he would be more than happy to bring the pricing for these cemeteries before the Council each year. He stated they really waited until the columbarium came and does not like having huge increases, because he has to stand before the Council and defend them, but hates not being able to pay for things when the funds should be self supporting and the City has done some things to help them down the road a few years. He stated if it is a self supporting fund and they are trying to be responsible, he would be more than happy to bring this before the Council each year to report what the new prices are, but does not want to be so far away from the private sector and the City being “down here”, because he does not think that is being very responsible.

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PAGE 9 CITY COUNCIL MINUTES FEBRUARY 9, 2009

Councilmember Goode asked Parks and Recreation Director Holman if he has checked with the private sector like Resurrection.

Parks and Recreation Director Holman answered yes. He stated Bob called him and they have already raised their prices again. He is not sure where they are right now, but already had this doing.

Councilmember Goode stated he can tell everyone that they are not cheap.

Therefore the motion read:

Councilmember Goode, seconded by Councilmember Scott, moved to approve the revisions to Policy Statement PS-49, Cemetery Administration. The motion carried 7-1, with Councilmembers Scott, Pflumm, Sawyer, Goode, Kuhn, Sandifer, and Distler voting aye and Councilmember Straub voting nay.

15. DISCUSS REVISIONS TO POLICY STATEMENT PS-45, FEES FOR THE SHAWNEE MUNICIPAL POOLS.

Councilmember Goode, seconded by Councilmember Sandifer, moved to approve the revisions to PS-45, Fees for the Shawnee Municipal Pools and closing Splash Cove when school hours begin and maintaining the current policy at the Thomas A. Soetaert Aquatic Center.

Councilmember Pflumm stated he can not support this increase. He thinks they just went to the citizens of Shawnee for roughly the $9 million for the area to create it. He stated he would not have a problem out of City residents or non-residents in raising those rates, but not with the citizens.

Councilmember Sandifer asked if there were other cities that are not even going to open their pools because they could not raise their fees.

Deputy Parks and Recreation Director Lecuru replied Kansas City is not going to open a few of their pools this year and keep them dry because they could not get the fees to operate them.

Councilmember Straub asked about increasing the rates for non-residents, because he did not think they allowed non-residents.

Deputy Parks and Recreation Director Lecuru responded that Shawnee does not allow non-residents to walk up on their own, but do allow non-residents to attend the pools with a Shawnee pool member or resident. She stated up to this point, that fee has remained the same. She stated the residents have been $5.00 and a non-resident guest has been the same price.

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PAGE 10 CITY COUNCIL MINUTES FEBRUARY 9, 2009

Councilmember Straub asked if a non-resident can not purchase a membership to the pools.

Deputy Parks and Recreation Director Lecuru replied non-residents can purchase memberships, but can not buy a daily walk-up to the pools.

Councilmember Straub asked if non-residents pay more than residents.

Deputy Parks and Recreation Director Lecuru answered absolutely. She stated right now, the resident membership per family is $100.00 and a non-resident family costs $150.00.

She stated the staff is looking with this recommendation to increase both of those categories by $10.00 for family and $5.00 for individuals.

Councilmember Straub stated the main complaint he gets from residents is that the pools are so crowded because of busloads of daycares that attend the pools. He asked what the daycares are paying.

Deputy Parks and Recreation Director Lecuru replied most of the daycares that come to the pools have memberships, which is a requirement of the daycares to purchase those memberships, either as an individual or family. She stated these are Shawnee daycares or camps who are coming to the pools and residents who come with their camps. She stated they also come later and on the weekends with their family members. She stated if it is a non-resident member or non-resident that is part of the camp, they pay the non-resident membership fee.

Mayor Meyers stated just to make sure the audience understands in case they do not have a packet this evening, the recommendation from the staff for walk-in fees for the aquatic facilities, if this item were to pass this evening, would go from $5.00 to $6.00 for residents and from $5.00 to $8.00 for non-residents. He stated the increase of an individual membership fee would go from $50.00 for the summer to $55.00 for the summer. He stated the increase for family memberships would increase from $100.00 for the summer to $110.00 for the summer.

Councilmember Straub stated that is a small amount, but a dollar off $5.00 is a 20%

increase. He stated there is a 30 to 50% increase for non-residents which is a big chunk and tough for people to afford right now.

Mayor Meyers asked Deputy Parks and Recreation Director Lecuru to give the Council a little background, for their benefit and for the audience so they could hear the amount of monies that they were behind in their pools last year.

Deputy Parks and Recreation Director Lecuru stated the pool attendance was down last year, about 9,000 visits. She stated that calculated to around $47,000 down in revenue.

She stated in addition to the decrease in revenue they saw last year, they are also seeing an increase in expenses, from chemicals, transportation costs, as well as labor, meaning

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PAGE 11 CITY COUNCIL MINUTES FEBRUARY 9, 2009

the salaries, fees for lifeguards, pools attendants, and managers. She stated all of those things have also increased as well, due to the minimum wage increase.

Deputy Parks and Recreation Director Lecuru continued by stating that they have tried to adapt that every year since it has come into effect and will be final next year so they do not take a big hit all at one time and have been able to accommodate that within their current budget for the last few years, but have narrowed it down about as far as they can go right now, so that is requiring them to look for other options.

Deputy Parks and Recreation Director Lecuru stated they are subsidized 25% this past year in 2008, which is an extremely good number compared to a lot of the other neighboring cities. She stated they are just trying to eliminate some of the demand on the General Fund by looking for ways to save money through cost cutting, as well as generate some revenues that will bring them up to where their neighboring communities are that this point.

Councilmember Goode asked if their biggest hit was chemicals, along with all the other big increases.

Deputy Parks and Recreation Director Lecuru replied the biggest hits were chemicals and labor. She stated the lounge chairs were another issue, because they are made out of petroleum products, so they went up considerably over the past two years and they have to replace those annually, not all of them, as they try to take good care of them, but they are an ongoing expense. She stated there is chlorine and transportation to consider.

Councilmember Distler stated it is always a scary chance to take, but when they said earlier that user-ship is down 9,000, she wonders how much that is because of the current state of the economy and people losing their jobs. She stated if people (non-residents) feel the pools are a luxury they can not do, she wonders if they should leave their price the same or raise it, but wonders for the residents, if they actually lowered the cost if they think it would increase the user-ship.

Councilmember Distler stated she remembers in graduate school, there was a company example and every new president they had raised prices because they were losing money and going under. She stated finally one president came in and cut all the prices and they boomed and believes it was GE. She stated it just hit her when it was said earlier that user-ship was down and if it would increase at a lower cost.

Deputy Parks and Recreation Director Lecuru responded that part of that perhaps can be the economy and perhaps they are probably targeting a little more towards weather. She stated with regard to the weather, last year they had a very cool summer and lost weeks with the temps being in the 60’s and 70’s, in the early. She stated they really anticipated a greater increase, just because of the economy, and people are not going on vacations and staying local. She stated while their attendance for the general pool was down, their swimming lessons exploded last year. She stated people want that opportunity and want the lessons and safe environment.

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PAGE 12 CITY COUNCIL MINUTES FEBRUARY 9, 2009

Deputy Parks and Recreation Director Lecuru stated she does not feel it was not that the people did not want to be at the pools, but it was just kind of cold. She stated the demand was there when the weather cooperated.

Councilmember Goode stated it was a wet summer.

Deputy Parks and Recreation Director Lecuru stated just like Councilmember Straub said earlier, sometimes the pools can be crowded during certain times of the day, so that is another factor. She stated to decrease the price she thinks they would see a really big increase, but they need to try to balance a safe environment while still making it cost effective.

Councilmember Sawyer asked based on the new pricing, what do they feel will be the subsidy to be taken out of the General Fund to keep it operating this year. He asked if it will be 20% or 25%.

Deputy Parks and Recreation Director Lecuru replied she would anticipate with these increases, being able to keep it right around 25%, perhaps a little less. She knows the City of Overland Park has a goal to be subsidized no more than 40%.

Councilmember Sawyer asked for that dollar amount.

Deputy Parks and Recreation Director Lecuru replied it is $950,000, which is the operating budget for this year, so it is close to a million dollars.

Councilmember Sawyer stated he understands they are going to have to raise prices with the cost of chemicals going up, but the one issue that he struggles with is that they are going to close one of the pools on August 11th and that is mainly because they can not come up with people to operate them. He stated he struggles with that, because the City builds these pools and can not keep them staffed at certain times of the year. He stated he knows it is a fact of life that the young people they use to operate these pools, such as the lifeguards, go back to school, so the labor pool gets squeezed to almost nothing, but he still struggles with that issue.

Deputy Parks and Recreation Director Lecuru stated that by closing one pool, instead of running two facilities at half staff and closing certain areas, they will be able to still offer one facility fully staffed with all the areas open, where before they would have two facilities open, but would have to close the diving boards because they did not have enough staff or one of the slides. She stated this way when people come to the pool, there will not be something they can do that they would prefer.

Councilmember Sawyer stated he understands that, but they need to then think long and hard before they build Pool #3. He stated if they can not staff two pools, then how will they operate three pools.

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PAGE 13 CITY COUNCIL MINUTES FEBRUARY 9, 2009

Councilmember Straub asked if the chemicals are done in house.

Deputy Parks and Recreation Director Lecuru stated they have the chemicals delivered, but maintain the pools in-house.

Councilmember Straub asked if the City puts the chemical bid out for bid when they are purchasing.

Deputy Parks and Recreation Director Lecuru answered absolutely.

Councilmember Straub stated they seem to find out that the only way to solve problems is to increase prices, instead of trying to figure out where they can cut. He stated he is sure the staff tries to cut as much as possible, but he knows there are some things they have not been bidding out that they should have been bidding out years ago. He just wants to make sure there is no other place where they are leaving money on the table or areas where they can cut back.

Councilmember Straub stated that Deputy Parks and Recreation Director Lecuru said swimming lessons are increasing, so he wonders if they are making more money in that area.

Deputy Parks and Recreation Director Lecuru responded they are.

Councilmember Straub stated he agrees with Councilmember Distler, and if they do more swimming lessons if it is profitable and make more money somewhere else. He thinks a lot of people think the only solution for the City is to raise prices.

Deputy Parks and Recreation Director Lecuru stated they gave two options here that are increasing fees, but are also offering opportunity to reduce their expenses as well. She stated they did reduce their expenses last year in a number of ways by using the bid process. She stated their food costs were down and even though they did not have as many people, they had some real competitive pricing. She stated they did a lot of research and got some great pricing on swim suits. She stated it is really a tossup.

Deputy Parks and Recreation Director Lecuru She stated Sean did some great research with the First Aid supplies and took it to the City as a Whole. She stated everyone is doing online ordering with First Aid supplies and that was actually a huge savings for the City last year.

Councilmember Goode stated he hopes they can do better, so they do not have to increase the subsidy.

Deputy Parks and Recreation Director Lecuru stated in 1988 when the fees came and they opened up Soetaert Aquatic Center, which was then known as the west pool, their daily walk-up fee was $4.00, so in 20 years they have increased that fee by only $2.00, so they

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PAGE 14 CITY COUNCIL MINUTES FEBRUARY 9, 2009

hope they are being as fiscally responsible as possible to provide a good service to the residents of Shawnee.

RAY ERLICHMAN, 7510 Garnett Street, stated he agrees totally with the Parks Department with regard to the increased fees and thinks they probably are necessary because of rising costs. He does think there is one fee increase that the City may consider waiving. He stated he thinks the additional $255.00 potential income increase by raising the fee to military personnel is almost, in his opinion, negligible.

RAY ERLICHMAN stated he has not done the actual research, but since they are not a military community like Junction City, the odds are that the majority of those military personnel are probably citizens of the City who have been activated either in a guard or reserve unit. He stated that granted, there are probably some people living in Shawnee who are stationed full time in Fort Leavenworth and maybe on recruiting duties.

RAY ERLICHMAN stated he would like to see the fees for military held for at least one more year at the old fees.

Councilmember Pflumm stated if they did that, he would probably vote for it because he was the one that brought it up to give them free use of the pool when they are active duty of service.

RAY ERLICHMAN stated he remembers that quite well, but thinks that might be stretching things. He thinks holding the fee to last year’s level, as opposed to a potential increase of $255.00, might just be the community’s way of saying, “Thank you men and women serving” – that’s all.

Mayor Meyers stated just so the audience understands those fee increases, right now the military family is at $50.00 and the military individual is at $25.00 for the summer. He stated the fee increase would go to $55.00 for the family for the summer and $27.50 for the individual for the summer.

Therefore the motion read:

Councilmember Goode, seconded by Councilmember Sandifer, moved to approve the revisions to Policy Statement PS-45, Fees for the Shawnee Municipal Pools and the closing of Splash Cove at the Jim Allen Aquatic Center when school hours begin and maintaining the current policy regarding pool hours at the Thomas A. Soetaert Aquatic Center. The motion carried 6-2, with Councilmembers Scott, Sawyer, Goode, Kuhn, Sandifer, and Distler voting aye and Councilmembers Pflumm and Straub voting nay.

BUSINESS FROM THE FLOOR a) National League of Cities.

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PAGE 15 CITY COUNCIL MINUTES FEBRUARY 9, 2009

RAY ERLICHMAN, 7510 Garnett Street, asked Mayor Meyers and City Manager Gonzales if a determination has been made as to how many people will be attending National League of Cities meeting in Washington D.C.

Mayor Meyers replied he does not think they have a final number at this time.

RAY ERLICHMAN stated he has some suggestions and would like to bring them out in open Council.

RAY ERLICHMAN stated everyone is talking about reduction this/reduction that – cost savings. He suggested that the attendance this year be reduced to only three people, which would be the Mayor, City Manager, and the President of the City Council. He stated the second suggestion would be the Mayor, City Manager, and the senior representative from each ward, as that would still be a reduction in the number of people.

RAY ERLICHMAN stated the next suggestion would be in line with what everyone is trying to accomplish, being to reduce costs on these trips. He stated based on the two scenarios and keeping in line with what a lot of the civilian or commercial businesses are doing, he thinks doubling up with the rooms, especially based on the rates being given to the cities in Washington.

RAY ERLICHMAN stated his first scenario with three individuals would be two female and one male, so they would need two rooms. He stated in the second scenario, they would actually have two females and four males, with the senior representatives being Councilmember Pflumm, Councilmember Goode, Councilmember Kuhn, and Councilmember Sandifer, and then City Manager Gonzales and Mayor Meyers, so that would be six people, two and four, with a requirement of three rooms as opposed to six rooms.

RAY ERLICHMAN stated the third and final suggestion has to do with entertainment of individuals in Washington D.C. He stated if he remembers correctly, last year a group from the Council was able to entertain Congressman Moore for approximately $25.00 a person when it got narrowed down and another group of individuals did some entertaining that averaged out to around $100.00 per person.

RAY ERLICHMAN stated entertaining individuals in the Federal legislature is very important for various reasons. He stated there are some after-hours discussions for various things, but he would like to see the cost possibly kept at an amount equal to what each Council member is allowed for themselves.

RAY ERLICHMAN stated he would be a little more explicit. He gave the scenario if Mayor Meyers and Councilmember Kuhn were to entertain Congressman Moore; their evening per diem is $32.00 per person, so the two of them would spend up to $96.00 for their entertainment, because the allowance

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PAGE 16 CITY COUNCIL MINUTES FEBRUARY 9, 2009

would be $32.00 for him as well. He stated those are a couple of suggestions regarding the number of personnel and who it should be.

Councilmember Goode stated they should cross that road when they get to it, because they do not even know who is going to go at this point.

RAY ERLICHMAN stated he is trying to suggest who should go.

Councilmember Goode stated they are the elected individuals on this Council and should decide who goes.

RAY ERLICHMAN stated he is merely making a suggestion and thinks the residents are entitled to do so.

Mayor Meyers stated the Council has heard Mr. Erlichman’s suggestion and concern. He knows travel has been something that has been brought up over the past year to the Council for various meetings. He stated he can tell Mr. Erlichman that both he and City Manager Gonzales have looked into this extremely closely.

He stated he has struggled many times on making a decision on this and knows that going to Washington D.C. is extremely important and has been beneficial to the City in the past.

Mayor Meyers stated he struggled a great deal with his attendance this year, but does think it is something that is valuable. He stated he is a little worried with the government and how they are handling the stimulus packages and different things they are talking about during these economic times. He stated he does not want to cause hardship on the City, but at the same time does not want to be misinformed or not have as great of an understanding, or at least give the City of Shawnee’s opinion to their legislatures that he thinks is extremely important and they say it is very important to hear from us.

Mayor Meyers stated sometimes those voices, face to face, are more effective when done through a letter or phone conversation dealing with other staff members rather than ones that are best talked to. He stated they have as a Council sent out memos. He stated they have expressed that it is important this year that they look at their schedules and determine if it is not of utmost importance or reasons why some of them should not travel, he believes they should hold back on that travel and believes that is definitely going to be the case.

Mayor Meyers stated they have yet to determine who will be traveling and who will not be traveling. He is still struggling with his own decision about this trip.

RAY ERLICHMAN stated he would agree with Mayor Meyers that it is important, especially with the stimulus packages coming out of Washington that they do have the capability of face to face conferences with these individuals. He stated the determination needs to be made if they have to go with a busload or

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PAGE 17 CITY COUNCIL MINUTES FEBRUARY 9, 2009

could a carload be just effective. He is recommending as a suggestion from the community, that it be a carload, as opposed to a busload.

Mayor Meyers assured Mr. Erlichman that he understands his concerns.

Councilmember Straub stated that he too can understand Mr. Erlichman’s concerns and brought this up six months ago, that they limit the Council’s travel.

He stated he made a motion that they limit each Council member to one trip per year without a vote of the Council, because sometimes they may need to do more than on trip per year. He knows several Council people went on three trips or more last year.

Councilmember Straub stated he would like to make a motion right now that they do limit the Council on travel, because his last motion died 4-4. He would like his motion to include that they limit the Council to one trip per year without a vote of the Council.

RAY ERLICHMAN stated he thought that about six months ago this Council passed an ordinance or resolution that no new motions could be brought up for any action without it first going to staff. He asked City Manager Gonzales if he is correct.

Councilmember Straub stated he thinks this went back to the staff when they talked about it six months ago.

City Manager Gonzales stated Mr. Erlichman is referring to the policy statement.

Councilmember Straub stated he can make that same motion two weeks from now – he does not have a problem doing that.

RAY ERLICHMAN thanked the Council for listening to his suggestions.

Councilmember Sawyer stated since the Washington trip was brought up, with everything he has read, the stimulus package is going to be rolled to the States.

He stated if they want money, the City will have to get it from the State. He stated he struggles with why they are even thinking about going to D.C. when they should be spending their time at the State office building 60 miles from here.

He believes that was what was in the piece sent out by City Manager Gonzales.

He stated maybe this could be the year that none of them go.

Councilmember Sawyer stated he also agrees that there is no way all of them should go this year. He stated he is not going this year.

Councilmember Goode stated he is not going.

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PAGE 18 CITY COUNCIL MINUTES FEBRUARY 9, 2009

Councilmember Sawyer stated he just does not understand what they think they will gain by going this year, because whatever they put together will be decided most likely here in the next 10 days. He stated from what he has read, they are not even listening to the cities and what ever money they get, they are going to roll to the states and the cities will have to go for the money. He stated he made his views known last night via an email to City Manager Gonzales.

Mayor Meyers stated he will assure Councilmember Sawyer that they are also keeping in very close contact with their State legislators in more ways than one.

He stated there is a lot of decision making that is going to be taking place, not only at the Federal level, but the State level, and local government from city, county, and school districts.

Mayor Meyers stated a lot of what is going to be discussed in tomorrow’s State of the City address will hit on that topic, but there are a lot of unknowns out there at this time. He thinks it is a very difficult decision on the value of the travel. He stated he is torn between believing it is something of the utmost importance, but at the same time saving dollars through the City Council budget is extremely important as well. He understands from where Councilmember Sawyer and Mr.

Erlichman are coming from, along with others on the Council.

Mayor Meyers stated they have discussed this travel issue for a while and are certainly trying to make the best possible decisions.

Councilmember Kuhn stated she would like to make a couple notes for the record.

She thinks it would be important to note that in the conversations that Mr.

Erlichman brought up with regard to the Council and travel and as they talked about a few months ago, the presentation to the Council six months ago about whether or not they, as elected officials, would be able to autonomously make their own decisions on whether they would benefit their constituents from travel, but both City Manager Gonzales and Mayor Meyers have asked for feedback from the Council as to whether they believe this trip would be beneficial for their constituents and whether or not they feel it would be cost effective, do they want to go, and will it benefit the City.

Councilmember Kuhn stated she thinks from the communication they received from City Manager Gonzales, the majority of the Council made very responsible decisions. She stated her personal response was very similar to what Councilmember Sawyer’s was, and that is that she thinks they need to have some presence in the State. Currently, she has an application for a leadership class that would be provided in scholarship and has an opportunity to attend some Greater Kansas Chamber things. She stated that would be her prerogative and if City Manager Gonzales and Mayor Meyers feels like her presence is needed in D.C., she will be there, but otherwise that will not be an expenditure.

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PAGE 19 CITY COUNCIL MINUTES FEBRUARY 9, 2009

Councilmember Kuhn stated her understanding is the only two Councilmembers who have given positive feedback to their intention of going, are one who has been appointed to the leadership council for the National League of Cities and has arranged for a reimbursement from an emergency management training facility for about half of his, along with Councilmember Straub. She stated perhaps they, as Councilmembers, are the ones who make the best decisions and answer to their constituents. She agrees with Councilmember Sawyer 100% right now, in that she thinks they do need to have a very active presence in Topeka, an active presence in the State, because they are going to have to have a much more regionally minded mentality right now if they are going to get any projects brought forward that they have any hope of having done.

Councilmember Kuhn stated MARC talks about having shovel-ready projects for that stimulus money, if they do make it to the State. She stated the best way they are going to get there is if they have a two-pronged approach. She stated one, at the State legislature where they know their names, know their project, and know what it is worth. Secondly, if they do not forget that they need to continue to have a presence in D.C., because unfortunately the stimulus package is not the only thing that will come forward and them remembering their names, especially since one of their senators might potentially be running for a state position at a later time, would be important that they remember them and this city as that comes down the pike as well.

Councilmember Kuhn stated she believes as a Council it is important that they note they had an opportunity to be leaders and make a decision as to whether or not it is good for their constituents, good for the Council, and good for their city to travel, and they made those decision themselves as to whether or they are going to D.C.

b) NAACP Letter Request.

WANDA MINOR, 7628 Legler, stated she is just here to ask for a letter, no money, for the 100 year centennial of the NAACP. She stated some of the city councils are recognizing it just by sending just a letter of proclamation and would like to know if this Council would consider giving them a letter as a community activist.

Mayor Meyers stated they certainly can do that.

City Manager Gonzales asked Ms. Minor to leave her contact information with Assistant City Manager Charlesworth so they will know where to send the letter.

Councilmember Pflumm thinks that sounds like a good thing.

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PAGE 20 CITY COUNCIL MINUTES FEBRUARY 9, 2009

Councilmember Kuhn thanked Ms. Minor for bringing it to their attention, because sometimes in all the minutia of the budget and the fun stuff, they lose track of really great accomplishments.

STAFF ITEMS

16. CONSIDER FINAL PLANS FOR THE MONTICELLO ROAD PROJECT, MIDLAND TO 7900 BLOCK, P.N. 3322.

Mayor Meyers stated that the preliminary plans were approved on May 14, 2007. On September 8, 2008, the Governing Body modified the plans to reflect striping a 3-lane section with bike lanes in lieu of a 4-lane section. Staff will present information related to the final plans.

Senior Project Engineer Lindstrom stated he has been dealing with this project for a long time and wanted to highlight a few things. He stated the preliminary plans were approved back in May of 2007. He stated they did come back to the City Council in September of 2008 to discuss a striping plan. He stated basically since 2007, nothing major has changed in the plans. He stated since they had the meeting in 2008, he does not believe any of the City Council members have been what is on the plans as far as a re-striping.

Senior Project Engineer Lindstrom presented on the overhead an example of a typical section, south of 71st Terrace. He stated what the Council approved back in 2008 was to re-stripe it from four lanes without bike lanes to three lanes with bike lanes. Essentially what they have here is one lane in each direction. They have a continuous left center turn lane and a bike lane on each side. They still have the trial on the west side and the sidewalk on the east side, so that has not changed.

Senior Project Engineer Lindstrom stated essentially since the plans have been brought to the Council in 2007, there have been some changes in some of the minor details, but with the majority of the project, no alignment change has been made and the staff has just been working out all the details of the entire project.

Senior Project Engineer Lindstrom stated he has a PDF of the entire corridor, if anyone wishes to see a particular section.

Senior Project Engineer Lindstrom stated there is a lot of utility action out along the corridor. He stated Westar has been out there for several weeks. He stated AT&T has been out there. He stated he would note there has been some comments about who is paying for all of that and wants to make sure that everyone knows that Westar is all in public easement so that is 100% of Westar’s cost, as is the same with AT&T. He stated there have been some comments made about whether or not the City is paying for those utilities.

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PAGE 21 CITY COUNCIL MINUTES FEBRUARY 9, 2009

Senior Project Engineer Lindstrom offered a quick update on Southern Star. The staff will be bringing that agreement to the next Council meeting and will discuss it in more detail at that time. He stated they are planning on relocating into a different corridor other than adjacent to Monticello Road.

Senior Project Engineer Lindstrom stated they held a public meeting on January 29, 2009. He stated they had a pretty good turnout, but nothing really came out of that meeting where they need to change anything on the plans. He stated their intent this evening is not to have any type of motion this evening, as they will make a motion when they discuss further some issues with the funding. He stated they want to take a little better look at that and see if this can move forward to bidding.

Councilmember Distler asked if it is true that Southern Star had to come out and stop Westar, because they caught them digging with heavy equipment within two feet of the pipeline, when it is known they are not supposed to be within three feet of it. She stated she knows everyone knows that is Southern Star’s guidelines, because she has brought this up before. She stated anything within three feet of the pipeline, has to be dug out with hand tools.

Councilmember Distler stated that Westar commented that they were told they could dig there and had the paperwork. She asked how that all happened and who gave approval for them to dig there.

Senior Project Engineer Lindstrom responded through the process of acquisition to put in this road, the City had to acquire easements permanent in nature and some temporary.

He stated all the utilities need some corridor to go into for their new facilities, so that is why the City purchased utility easements and permanent right-of-way.

Senior Project Engineer Lindstrom stated the City had essentially told Westar and all other utilities that they have now purchased all of this right-of-way utility easements. He stated that is their responsibility to coordinate with the other utilities when they put their relocations in the ground. He stated the staff really can not manage that and can only really manage the purchasing of these easements for the utility companies.

Senior Project Engineer Lindstrom stated he has had meetings with Westar and they have backed off and apologized to Southern Star and said they were sorry and did not realize they were that close.

Councilmember Distler stated it is nice they received an apology, but this could have been a tragic situation. She stated they are lucky nothing did happen, but with being that close with heavy equipment, God forbid if something had happened, an apology would not have cut it.

Senior Project Engineer Lindstrom stated he understands that and in the City they can only watch the utilities so much. He stated they do not dictate what they do. He stated

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