City Council

MERRIAM CITY COUNCIL AGENDA CITY HALL 9001 WEST 62ND STREET June 28, 2021 7:00 P.M. 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 June 14, 2021. V. MAYOR’S REPORT 1. Legislative Update-Stuart Little VI. COUNCIL ITEMS 1. Consider approval of an ordinance amending Chapter 59, Article III of the Merriam Code of Ordinance related to right-of-way use and excavations. 2. Consider approval of an ordinance renaming of Lee Drive.  3. Consider approval of an ordinance amending Chapter 5, Articles II and III of the Merriam Code of Ordinances related to CMB (Cereal Malt Beverage) and Alcoholic Liquor. (first reading) 4. Consider approval of a budget adjustment for the 2021 utilities budget. 5. Review 2021/2022 Revenue Projections. 6. Monthly Finance Report. 7. Community Development Update. VII. STAFF ITEMS VIII. EXECUTIVE SESSION IX. ADJOURNMENT Respectfully submitted, Juliana Pinnick City Clerk City Council Minutes June 14, 2021 MERRIAM CITY COUNCIL MINUTES CITY HALL 9001 WEST 62ND STREET June 14, 2021 7:00 P.M. I. CALL TO ORDER - PLEDGE OF ALLEGIANCE Mayor Sissom called the meeting to order at 7:00 pm. Council and staff said the Pledge of Allegiance. II. ROLL CALL Scott Diebold Chris Evans Hands via telephone Bruce Kaldahl Brian Knaff David Neal via telephone Bob Pape Jason Silvers Whitney Yadrich Staff present: Chris Engel, City Administrator; Ryan Denk, City Attorney; Jennifer Jones- Lacy, Assistant City Administrator; Jim MacDonald, Public Works Director; Jenna Gant, Communication and Public Engagement Manager; Darren McLaughlin, Police Chief; Bryan Dyer, Community Development Director; Donna Oliver, Finance Director; Anna Slocum, Parks and Recreation Director; and Juli Pinnick, City Clerk. 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. R. J. Cook, 8709 W.47th Ter., commented that last Friday a damaging storm rolled through Merriam. Many residents lost power due to the storm as well as many of his neighbors lost tree limbs. He has been helping his neighbors with the storm debris and wondered if the city was going to have a limb pick up as the trash service companies are reluctant to pick up the tree limbs. 1 City Council Minutes June 14, 2021 Al Frisby 10121 W. 59th Ter, commented that he is interested in the sustainability grant project and would be looking for additional information on the grant project. He also thanked the City and Parks and Recreation Director Anna Slocum for complying with the Governors mandate requiring masks at the new Community Center and other city buildings during the past several months. 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 May 24, 2021. COUNCILMEMBER PAPE MOVED THAT THE COUNCIL APPROVE CONSENT AGENDA ITEM 1. COUNCILMEMBER DIEBOLD SECONDED AND THE MOTION WAS UNANIMOUSLY APPROVED. V. PUBLIC HEARING 1. Public Hearing to amend the I-35 TIF District. Community Development Director Bryan Dyer presented the background for this item. In August 1994, the City of Merriam established a Redevelopment District, now known as the I-35 Redevelopment District, and adopted a district plan identifying proposed redevelopment project areas within the Redevelopment District. The district plan generally identified the improvements to occur within each project area. Those improvements generally consist of building, facilities and other development. Since the adoption of the I-35 Redevelopment District Plan, the Plan has been amended five separate times. The most recent amendment occurred in 2018 with the creation of the Redevelopment Project Area L for the development of the parking structure that serves the Merriam Community Center and future Johnson County Library. On May 10, 2021, the City Council approved a resolution setting June 14, 2021 as the date for the public hearing to consider the findings related to an amendment to the I-35 District Plan and to adopt the proposed plan amendments. The notice of the public hearing was properly advertised in the 2 City Council Minutes June 14, 2021 city’s official newspaper and mailed to all property owners and tenants within the I-35 Redevelopment District. The proposed amendment creates Redevelopment Project Area M and generally describes the proposed improvements for the Area. Project Area M is the “Kmart” property that is located at the southwest corner of Shawnee Mission Parkway and Antioch Road. The area does not include the existing La Petite Academy. The Amended District Plan includes a general description of the proposed commercial, retail, multifamily residential and/or office facilities with supporting parking, structured parking, infrastructure and related improvements. Council was provided a copy of the Blight Study that was conducted on the property. Mr. Dyer displayed the TIF Redevelopment District map which showed all of the projects within the TIF District. The proposed addition to the TIF District for this property will be named as area M. There are several steps that need to occur in order for the project to move forward. The public hearing tonight is the first step in the process. The next steps include drafting a Redevelopment Agreement with the developer, developing a TIF Project Plan for area M, a Public Hearing with the Planning Commission for the rezoning and Development Plan for the project. City Council will then consider approval of the Redevelopment Agreement, Project Plan, Rezoning and Plat and Development Plan so there are many opportunities for input and discussion from the City Council, Planning Commission, residents, neighbors and the developer. Approval of the expansion of the District Plan shows the developer that the city feels the TIF option is the best for the public/private partnership for the development. Councilmember Knaff asked the value of the Kmart building in its current condition. Mr. Dyer indicated that the Blight study indicates that the appraised value is $5.2 million and the assessed value is $1.3 million. City Administrator Chris Engel commented that those numbers most likely would not be reflective of the sales price of the property. Councilmember Silvers commented that he appreciates the photos of the interior and exterior of the Kmart building, as he did not realize the extent of disrepair the building was in. Mayor Sissom opened the Public Hearing at 7:20 pm. 3 City Council Minutes June 14, 2021 Todd Wetherilt, 6223 Slater, commented that he was thinking that tonight there would be a proposal as to what would be developed on the property. He asked how the TIF works. Mr. Dyer explained the TIF allows the developer to use the difference from the base tax assessments before improvements and the new tax assessment after improvements are made to offset the costs associated with developing the property. Only certain costs are eligible for reimbursement from the TIF. Those expenses include structured parking, site work, etc. actual building costs for the structures on the site are not TIF eligible expenses. Mr. Wetherilt asked if the surrounding properties would see an increase in their tax assessments based on the new tax base for the TIF. He asked about two prior proposed developments for the site and if those proposals included a request for TIF assistance. He asked at what point the public would be able to see what is proposed for the site. Mr. Dyer commented that the TIF only affects the property within the development. The second proposal for development, which was for Menards was at the same phase of development as the current proposal, however, they decided to withdraw their application and not move forward with the project. Currently there is a schedule for moving the project forward and typically that would occur when the developer submits an application to the Planning Commission. Based on the current schedule, which can change, it appears that the submittal may be heard at the August Planning Commission meeting. Staff has notified the developer that it is expected that the developer will hold a neighborhood meeting so the surrounding properties will be informed about the proposed development. Al Frisby, 10121 W. 59th Ter., asked the term of the proposed TIF and he is concerned about the issues on the site that caused Menards to back out of the project and if the new developer is aware of those issues. Mr. Dyer responded that the length of the TIF has not been negotiated at this point. His understanding of the reason Menards backed out was due to the level of site work that would be required to get the site developed. The new developer is aware of the site challenges. Mayor Sissom closed the Public Hearing at 7:28 pm. Councilmember Silvers asked about the delinquent taxes on the property and he feels that partnering between the city and the developer to develop the site is a much better option than not receiving any tax money on the site. Councilmember Yadrich asked if the delinquent taxes would be included in the TIF project. She wanted to clarify that the TIF would not affect the tax rate on the surrounding properties, however, if the development caused an increase in 4 City Council Minutes June 14, 2021 property values for those surrounding properties, some people may see an increase in the property tax bills as their assessed value has increased. City Administrator Chris Engel commented that most likely those taxes would be included as part of the sale of the property. Mr. Dyer commented that many times on these types of redevelopment projects, there are delinquent taxes. Councilmember Neal asked if the tax delinquency can be paid through the TIF. Mr. Engel commented that the taxes are not a direct reimbursable TIF expense however, if those delinquent taxes are included as part of the sale price to acquire the property, then the developer could be reimbursed for property acquisition through the TIF indirectly. Councilmember Kaldahl wanted to clarify that the delinquent taxes on the property would be paid and distributed appropriately. Mr. Engel responded yes. Councilmember Pape commented that Merriam does not have any CID projects where sales taxes in those Improvements Districts are higher to pay for the development and it would his preference to not have any CID projects in Merriam so he feels that the TIF is the best public/private partnership for development projects in Merriam. 2. Consider approval of an ordinance adopting an amended I-35 TIF District Plan (recommend waiving first reading). COUNCILMEMBER PAPE MOVED THAT THE COUNCIL WAIVE THE CUSTOMARY FIRST READING OF AN ORDINANCE ADOPTING AN AMENDED I-35 TIF DISTRICT PLAN. COUNCILMEMBER DIEBOLD SECONDED, AND THE MOTION WAS UNANIMOUSLY APPROVED. COUNCILMEMBER PAPE MOVED THAT THE COUNCIL APPROVE AN ORDINANCE ADOPTING AN AMENDED I-35 TIF DISTRICT PLAN. COUNCILMEMBER DIEBOLD SECONDED AND THE MOTION WAS UNANIMOUSLY APPROVED. VI. MAYOR’S REPORT 1. Proclamation declaring June 2021 as LGBTQ+ Pride Month. Mayor Sissom read the proclamation declaring June 2021 as LGBTQ+ Pride Month. 5 City Council Minutes June 14, 2021 2. Confirm the appointment of the Downtown Merriam Planning Sustainable Places Grant Committee. City Administrator Chris Engel provided the background for this item In 2020 the City received grant funding from the Mid-America Regional Council (MARC) to complete a Planning Sustainable Places Plan (PSP) for Downtown Merriam Drive between Johnson Drive and Waterfall Park. To receive grant funding, a PSP Plan should focus on looking at the “big picture” for a designated area and crafting a future vision that integrates transportation, land use and the environment. The project must also meaningfully engage the community in a collaborative dialogue through a localized public engagement process that engages multiple audiences. The specific goal of the Downtown Merriam PSP Plan will be to address the following priorities: • Identify how Complete Street Concepts can enhance Merriam Drive • Develop street design recommendations for Merriam Drive • Identify uses/business types that are appropriate for Merriam Drive • Engage business owners to gather their opinions as to sustainable future development • Identify how public investments can support future development and enhance transportation In early 2021, after an RFP process, Confluence was selected as the team to develop the Merriam PSP Plan. The Confluence Team was selected because of their past experience with similar PSP processes; but also their familiarity with the downtown corridor, having previously worked on the Parks Facility Master Plan, 5701 Merriam Drive Plan, and the Comprehensive Plan 2040. In addition to the work of Confluence, the plan will be informed by an engagement process that will provide several opportunities for input. There will be meetings with the general public, smaller stakeholder groups (i.e. businesses, neighborhoods, community organizations, etc.), and a Working Committee that will provide the most frequent input. In May, the City Council was engaged to nominate members to the Working Committee. Nominees were shared with the Mayor and a roster of business owners and engaged citizens developed. Working Committee members will be tasked with regularly meeting with Confluence and exploring the different opportunities that could exist along the Merriam Drive corridor. Committee meetings will be held at the Merriam Community Center and be open to the public. It is anticipated the committee will first gather in late-June with the duration of their work lasting 6 – 8 months. 6 City Council Minutes June 14, 2021 All committee materials including meeting packets, minutes, and presentations will be made available on the city website at www.merriam.org/downtown. A roster of committee members was included in the City Council Agenda Packet. COUNCILMEMBER PAPE MOVED THAT THE COUNCIL CONFIRM THE APPOINTMENT OF THE DOWNTOWN PLANNING SUSTAINABLE PLACES (PSP) GRANT COMMITTEE. COUNCILMEMBER YADRICH SECONDED AND THE MOTION WAS UNANIMOUSLY APPROVED. Mayor Sissom thanked Parks and Recreation Director Anna Slocum and her department for the great event held last week dedicating the We-Go Swing in Chatlain Park that allows for wheelchair bound individuals the opportunity to utilize a swing without having to be removed from their wheelchair. This swing is the first in the nation of its kind and is very important in providing accessible options for all individuals. Mayor Sissom announced that a 26-year employee retired today. Donna Shirley, who was the Administrative Assistant for Public Works retired after 26 years of service to the City of Merriam. She grew up in the City of Merriam and attended grade school at the former Irene B. French Community Center when it was a school. She was a great asset to the city and will be missed. VII. COUNCIL ITEMS 1. Consider approval of an ordinance amending Chapter 59, Article III of the Merriam Code of Ordinance related to right-of-way use and excavations. (first reading) Community Development Director Bryan Dyer presented the background for this item. Currently, the repair/replacement of an existing driveway requires the property owner/contractor to obtain two City of Merriam permits – building and right-of- way (ROW) permits – and inspections from two city departments – Public Works and Community Development. Both department’s inspectors look at the same aspects of the installation. The two inspections and permits are required by Sec 59-71 of the City Code. To streamline the process and reduce the number of permits and inspections required for the repair/replacement of an existing driveway, staff recommends requiring only a Building Permit and inspection from Community Development. 7 City Council Minutes June 14, 2021 To accomplish this, existing driveways need to be added to the list of activities that are exempt from obtaining a right-of-way permit. If the ordinance is approved, driveway repair/replacement will require that the property owner/contractor to obtain only a building permit and inspections from the Building Inspector. The enlargement of an existing curb cut or a new curb cut will still require a Public Works right-of-way permit. 2. Consider approval of an ordinance renaming Lee Drive. (first reading) Community Development Director Bryan Dyer presented the background for this item. At the April 12, 2021 meeting, a resident requested the Council to consider renaming Lee Drive. The resident noted that the building is no longer owned or utilized by the Lee Jean Corporation. The City Council does have the ability to rename streets by approving an ordinance. If the Council does desire to rename the street, staff recommends utilizing the county’s E911 street naming grid. Because Lee Drive is a unique “U” shaped street, in order to comport with the street naming grid each of the three “legs” of the street needs a unique name. Included in the Agenda Packet was a draft ordinance naming the east portion of the street “Slater Street”, the south portion “W. 68th Street”, and the west portion “Eby Avenue”. Staff contacted Carmax and Nations Holdings (owner and occupant of the “Lee Building”) to inform them of the potential street name change. Both companies understood the reason for the change and had no concerns. 3. CIP Update. Public Works Director Jim Macdonald provided the following CIP updates: 2021 Street Improvements Program has completed all concrete and paving on Goodman, Craig, 55th St., 55th Ter., Perry Ln., 51st Pl. and 51st Ter. Substandard curb and sidewalk connections are currently being replaced along East Frontage Rd. from 67th St. to 75th St. The sidewalk portion of the project will begin in late July. The West Vernon Place Preliminary Engineering Study project engineer has completed the existing condition evaluation and will start working on the proposal options. 8 City Council Minutes June 14, 2021 VIII. STAFF ITEMS IX. EXECUTIVE SESSION X. ADJOURNMENT THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE COUNCIL, COUNCILMEMBER PAPE MOVED TO ADJOURN AT 8:10 PM. COUNCILMEMBER KALDAHL SECONDED AND THE MOTION WAS UNANIMOUSLY APPROVED. Respectfully submitted, Juliana Pinnick City Clerk 9 Memorandum To: Chris Engel, City Administrator, City of Merriam From: Stuart J. Little, Ph.D., Little Government Relations Date: June 8th, 2021 Re: June Legislative and Policy Update including 2021 Session Summary & Looking Ahead Overview The 2021 legislative session concluded on May 26th with little fanfare and no significant action. The Legislature should not return until January 2022 and the Governor’s office has retained most of its authority to continue to manage the federal relief funds. It’s likely the last emergency order will conclude on June 15th and the strained relations between the executive and legislative branches should diminish this summer and fall. As usual, we will transition from our weekly session updates to our monthly interim reports. Like last year, we expect those will contain updates on how the state plans to spend this next round of federal relief dollars, as well as other interim committee activity that will begin in earnest as things get back to normal. Big Picture The 2021 Legislature officially adjourned on May 26th. It was a relatively brief, uneventful last day, with only one attempted, and ultimately unsuccessful, veto override. Despite little activity on the ceremonial last day, both chambers did pass a resolution urging the Governor to end federal pandemic unemployment benefits. Additionally, the Senate elected a new Majority Leader, Larry Alley (R-Winfield), to replace Senator Suellentrop. On the same day, the Legislative Coordinating Council (comprised of legislative leadership) met to extend the statewide disaster declaration until June 15th, with the goal that the Kelly administration begin winding down relief efforts. The Governor sought a 30-day extension to more soundly secure federal funds, but legislators doubted the necessity, trimmed her order by 15 days, and immediately struck down the moratorium on evictions and foreclosures that had been in an executive order. The pandemic-driven battle between the executive and legislative branch continues after the session ends. In this report, we’ll summarize the highlights of the 2021 Session as well as a few thoughts about the interim, as well as the 2022 Session. This past Session was the first in the biennium (two-year Session cycle), so all bills from this year are still in play in 2022. Additionally, 2022 is an election year for Governor, Attorney General, State Treasurer, and all Kansas House of Representatives members. Add redistricting of all federal and state legislative districts to the mix and 2022 will make for an extremely busy and interesting year. Until then, this summer and fall may somewhat resemble last year’s interim—lots of meetings of the Governor’s COVID relief funding task force (SPARK) and legislative committees to decide how to allocate the federal American Rescue Plan Act (ARPA) funds coming to the State. On June 4th the Governor announced new members to the SPARK Task Force, which will begin meeting in the coming weeks to make recommendations to the State Finance Council (SFC), made up of legislative leadership and the Governor. While there are few interim committee meetings scheduled thus far, many will begin to meet in the coming weeks. 2021 Session Recap: Since January, we’ve reported on the progress of major legislation from this Session: • The Legislature passed and the Governor signed school finance legislation and full funding to address resolution of the Gannon school finance lawsuit. Following numerous delays and a failed attempt to pass legislation with new education savings accounts at the end of the regular session, the wrap up session passed the K-12 budget and a more limited and less controversial provisions related to low-income scholarship program. • The Legislature passed and overrode the Governor’s veto of SB 50, the major income tax cut bill. The bill made a few individual taxpayer changes, as well as incentives for foreign investments to be returned to the U.S., and is expected to cost $300 million over the next three years. SB 50 also includes a provision requiring marketplace facilitators to collect and remit sales tax, which is expected to level the playing field for brick and mortar stores and provide $40 million in revenue in the first year. • Both chambers passed a constitutional amendment that will ask voters in August 2022 to decide if the elected legislature and not the State Supreme Court can determine whether women have the constitutional right to an abortion. • After two years of debate, the Legislature passed property tax transparency measures as outlined in SB 13, requiring local taxing jurisdictions to send notification and hold hearings if they intend to exceed the revenue neutral rate. This was passed along with the repeal of the local government property tax lid. • With the passage of HB 2058, the age to conceal carry weapons was lowered from 21 to 18. • The Legislature made changes to the state’s Emergency Management Act in response to COVID-19 related restrictions, including new requirements to hold hearings for parties aggrieved by emergency orders. In general the new law codified the trend toward diminished executive branch power, increased legislative oversight, and locally made elected officials the arbiters of public health and emergency management decision making. • The state’s budget seems to be in better shape than previously thought at this time last year, due to an influx of federal dollars and tax receipts that have trended upward during the pandemic. In addition to a healthy ending balance, the budget fully funds K-12 schools in compliance with the Gannon lawsuit. • Legislation to legalize medical marijuana passed the House, but the Senate did not debate the issue. Expect to see renewed discussion next year. • All in all, the Governor signed 108 bills into law and vetoed 11 others; the Legislature overrode five of those. Despite a Republican supermajority in both chambers, this Session demonstrated the Governor’s executive power in her vetoes of some significant legislation, from some contentious 2 COVID-19 business relief efforts to banning transgender girls from participating in sports to short-term limited duration health plans. However, Medicaid Expansion remains an elusive goal for the Kelly administration, one that likely remains out of reach in 2022 as well. Recap of Local Government Legislation Property Tax-Related Legislation • COVID-19 Property Tax and Business Relief: For the greater part of the Session, we monitored two bills that would have had some significant ramifications for local governments and their ability to control their federal ARPA dollars. The first, SB 273, would have required local governments to set aside 35% of their ARPA funds to reimburse businesses impacted by local health orders. The Governor vetoed the bill and there was no override. • The second, HB 2313, provides for reimbursement of property taxes for certain business shutdowns or restrictions during a declared state of emergency. HB 2313 is not retroactive and does not impact any COVID-19 restrictions that have been in place. The bill takes effect January 1, 2022. o HB 2313 also directs the Legislative Division of Post Audit (LPA) to study the impact of governmental and nonprofit organizations competing with for-profit businesses. o An attempt was made on the last day of the Veto Session to insert the property tax exemptions for health club, which ultimately failed on the Senate floor 11-27. o HB 2313 also includes the renewal of the 20 mill statewide levy for schools. • The Legislature passed SB 13, the major property tax notification legislation that establishes notice and public hearing requirements prior to approval by a governing body to exceed the revenue neutral rate. The bill also discontinues the city and county tax lid. Additionally, the bill prohibits valuation increase of real property solely as the result of normal repair, replacement, or maintenance, and establishes a payment plan for the payment of delinquent or nondelinquent property taxes. o The LKM has created an FAQ and timeline outlining the budget process in SB 13: https://cdn.ymaws.com/www.lkm.org/resource/resmgr/files/infographics/SB_13_I nfographic_v3.pdf Other Tax Issues • SB 87 advanced out of Tax committee but was never debated on the Senate floor, though debate is likely to resume next Session. SB 87 would discontinue apportionment of the countywide retailers’ sales tax imposed for general purposes between the county and cities located therein. o This legislation stemmed mainly from an issue in Atchison County. o The bill was amended late in the Session to not only resolve the Atchison-specific issue, but the bill would apply to any new or renewed sales tax after July 1, 2021. In lieu of the apportionment formula, all monies received by the director of taxation from a countywide retailers’ sales tax imposed pursuant to an election shall be remitted to and retained by the county and expended only for the purposes pledged. 3  o The board of county commissioners can decide at least 60 days prior to election, by resolution, that the apportionment formula shall not be applicable to the proposed sales tax. o All ballot propositions shall include a statement explaining whether the apportionment formula would apply to the proposed countywide retailers sales tax. o We expect to see this again next Session. • We expect continued conversations around property valuation and the “dark store theory” in particular following the District Court decision from Johnson County this spring in support of the commercial property taxpayer’s interest. Other Issues • SB 24 (Energy Choice) passed the Senate 30-10 and the House 93-29 and became law without the Governor’s signature. This bill prohibits municipalities from imposing restrictions on a customer’s use of energy based upon the source of energy. • HB 2079 addresses opioid settlement funds and creates the Kansas Fights Addiction Act to establish a grant program for the purpose of preventing, reducing, treating, and mitigating the effects of substance abuse and addiction. It also establishes the Municipalities Fight Addiction Fund that local governments can use to prevent and mitigate substance use disorders in their communities. o Money is to be distributed to both municipalities that have not filed opioid litigation, as well as to municipalities that have filed opioid litigation and entered into an agreement with the AG prior to January 2021. o The agreement is to be made between the AG, LKM, and KAC as to how to disburse the money and how much each municipality receives from those funds. • SB 118, passed by both chambers and approved by the Governor, provides for the dissolution of special districts and the assumption of responsibilities by a city or county. This goes into effect July 1, 2021. • The Legislature passed and overrode the Governor’s veto on a couple of controversial bills related to elections and advance ballots that would institute more requirements concerning the delivery of advance ballots and limiting the number of ballots that can be delivered by an individual. These are currently being challenged in a federal lawsuit. More here: https://kansasreflector.com/briefs/federal-lawsuit-challenges-kansas-new- advance-mail-balloting-process/ Legislation We Testified on During 2021 Bill No. Action Outcome SB 24 (Energy Choice): Oppose Passed both chambers and Prohibiting municipalities became law without the from imposing restrictions on Governor’s signature. customer’s use of energy based upon source of energy. SB 50 (Major income tax cut Support (for the underlying Vetoed by the Governor; bill): Also requires marketplace facilitator bill Both chambers voted to marketplace facilitators to before it became the major override the veto and the bill collect and remit sales, income tax bill). goes into effect July 1st. 4  compensating use, and transient guest taxes and prepaid wireless 911 fees. HB 2142: Providing for Oppose Bill did not advance in its reimbursement of property original form; similar bill, HB taxes from county 2313 passed, without the government for business retrospective provision. The shutdown or capacity Governor signed HB 2313 on limitation caused by the May 24th. county. HB 2173: Requiring Support Passed in the form of SB 50. marketplace facilitators to collect and remit sales tax. SB 87: Discontinuing Oppose Passed out of committee but apportionment of countywide did not advance further. retailers’ sales tax. HB 2381: Establishing the Support Did not advance. state energy plan task force to develop a comprehensive state energy plan. HB 2445: Property tax Oppose Did not advance. exemption for health clubs. Interim Activities While no interim committee meetings have yet been announced, these will begin in the coming weeks. There are a few interim activities in particular we are anticipating: • A newly appointed SPARK Task Force will begin meeting to oversee the distribution of ARPA dollars. More on the new membership here: https://www.ksn.com/news/kansas/bipartisan-spark-executive-committee-members- announced-by-gov-kelly-orman-and-masterson-amongst-7-members/ • Various groups focused on criminal justice reform and equity issues will continue their work over the interim, including the Kansas Criminal Justice Reform Commission, Juvenile Justice Oversight Committee, and the Governor’s Commission on Racial Equity and Justice. The Governor’s Commission is focusing much of their discussions this year on social determinants of health, and at their latest meeting discussed how federal ARPA dollars can be allocated and leveraged equitably to best serve communities of color. More on those efforts here: https://kansasreflector.com/2021/06/04/kansas-racial-justice-panel- turns-focus-to-equitable-distribution-of-federal-aid/ • There will be two interim studies of particular interest to local governments. The Legislative Division of Post Audit (LPA), as outlined in HB 2313, is to conduct an audit to study the impact of governmental and nonprofit organizations competing with for- profit businesses. LPA will also conduct an audit to examine how local governments expended their CARES Act funding. Both of these studies are internal audits and will not 5  have any hearings or opportunity for input but their final reports will impact the policy discussion in January 2022. Upcoming Activities We’ll be providing updates monthly and as education-related issues arise during the summer and fall. Wrap Up Let us know if you have any questions. Stuart J. Little, Ph.D. Little Government Relations LLC 800 SW Jackson, Ste. 1100 Topeka, Kansas 66612 785-235-8187 Office 785-845-7265 Mobile https://lgrkansas.com 6  AGENDA ITEM INFORMATION FORM Consider approval of an ordinance amending Section 59-71 of the Code of AGENDA ITEM: Ordinances of the City of Merriam by exempting the replacement/repair of existing driveway from having to obtain a right-of-way permit. SUBMITTED BY: Bryan P. Dyer, Community Development Director Jim MacDonald, Public Works Director MEETING DATE: June 28, 2021 PROJECT BACKGROUND/DESCRIPTION: Currently, the repair/replacement of an existing driveway requires the property owner/contractor to obtain two City of Merriam permits – building and right-of-way (ROW) permits – and inspections from two city departments – Public Works and Community Development. Both department’s inspectors look at the same aspects of the installation. The two inspections and permits are required by Sec 59-71 of the City Code. To streamline the process and reduce the number of permits and inspections required for the repair/replacement of an existing driveway, staff recommends requiring only a Building Permit and inspection from Community Development. To accomplish this, existing driveways need to be added to the list of activities that are exempt from obtaining a right-of-way permit. If the ordinance is approved, driveway repair/replacement will require that the property owner/contractor to obtain only a building permit and inspections from the Building Inspector. The enlargement of an existing curb cut or a new curb cut will still require a Public Works right-of-way permit. CITY COUNCIL GOALS AND OBJECTIVES 2.3 Investigate and develop pilot programs to explore new ways to deliver services FINANCIAL IMPACT Amount of Request/Contract: Amount Budgeted: Funding Source/Account #: SUPPORTING DOCUMENTS Draft ordinance ACTION NEEDED/STAFF RECOMMENDATION City Council approve the attached ordinance amending Section 59-71 of the Code of Ordinances of the City of Merriam by exempting the replacement/repair of existing driveway from having to obtain a right- of-way permit, and authorize the Mayor to sign the effectuating ordinance.  ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 59, ARTICLE III OF THE CODE OF ORDINANCES OF THE CITY OF MERRIAM, KANSAS CONCERNING RIGHT-OF- WAY USE AND EXCAVATIONS. NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MERRIAM, KANSAS: SECTION 1. That section 59-71(b) of the Code of Ordinances, City of Merriam, Kansas, is hereby amended to read as follows: (b) There are three exemptions to this provision: (1) Contractors working on the construction or reconstruction of public improvements on behalf of the city. (2) ROW-users performing routine service operations which do not require excavation in the right-of-way and do not disrupt traffic for more than four hours. (3) The replacement/repair of existing driveways that does not increase the width of the existing curb cut. SECTION 2. Severability. If any part or parts of this Ordinance shall be held to be invalid, such invalidity shall not affect the validity of the remaining parts of this Ordinance. The Governing Body hereby declares that it would have passed the remaining parts of this Ordinance if it would have known that such part or parts thereof would be declared invalid. SECTION 3. Savings Clause. Neither the adoption of this Ordinance, nor the future repeal or amendment of any section or part or portion thereof be construed as a waiver of any license, fee or penalty at said effective date and unpaid under either Ordinance, nor be construed as affecting any of the provisions of these Ordinances relating to the collection of any such license, fee or penalty, or the penal provisions applicable to any violation thereof, and all rights and obligations thereunder shall continue in full force and effect. SECTION 4. Existing Sections. Those sections of Chapter 59, Article III, of the Code of Ordinances, City of Merriam, Kansas not heretofore repealed shall remain in full force and effect. Page 1 of 2 SECTION 5. Effective Date. 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 this 28th day of June, 2021. APPROVED AND SIGNED by the Mayor this 28th day of June, 2021. Ken Sissom, Mayor ATTEST: Juliana Pinnick, City Clerk APPROVED AS TO FORM: Ryan Denk, City Attorney Page 2 of 2  AGENDA ITEM INFORMATION FORM Consider approval of an ordinance renaming Lee Drive between W. 67th Street AGENDA ITEM: and Carmax Drive to Slater Street, W. 68th Street, and Eby Avenue. SUBMITTED BY: Bryan P. Dyer, Community Development Director MEETING DATE: June 28, 2021 PROJECT BACKGROUND/DESCRIPTION: At the April 12, 2021 meeting, a resident requested the Council to consider renaming Lee Drive. The resident noted that the building is no longer owned or utilized by the Lee Jean Corporation. The City Council does have the ability to rename streets by approving an ordinance. If the Council does desire to rename the street, staff recommends utilizing the county’s E911 street naming grid. Because Lee Drive is a unique “U” shaped street, in order to comport with the street naming grid each of the three “legs” of the street needs a unique name. Attached is a draft ordinance naming the east portion of the street “Slater Street”, the south portion “W. 68th Street”, and the west portion “Eby Avenue”. Staff contacted Carmax and Nations Holdings (owner and occupant of the “Lee Building”) to inform them of the potential street name change. Both companies understood the reason for the change and had no concerns. The renaming of the streets will be effective September 1, 2021. CITY COUNCIL GOALS AND OBJECTIVES FINANCIAL IMPACT Amount of Request/Contract: Amount Budgeted: Funding Source/Account #: SUPPORTING DOCUMENTS Draft ordinance Map ACTION NEEDED/STAFF RECOMMENDATION City Council approve the attached ordinance renaming Lee Drive between W. 67th Street and Carmax Drive to Slater Street, W. 68th Street, and Eby Avenue, and authorize the Mayor to sign the effectuating ordinance.  ORDINANCE NO. ____ AN ORDINANCE CHANGING THE NAME OF THE STREET KNOWN AS LEE DRIVE LOCATED BETWEEN W. 67th STREET AND CARMAX DRIVE IN THE CITY OF MERRIAM, KANSAS. NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MERRIAM, KANSAS: SECTION 1. That the street named Lee Drive, located between W. 67th Street and Carmax Drive, is hereby renamed in the following manner: 1. The east portion of the street that runs north to south is renamed to Slater Street, and; 2. The west portion of the street that runs north to south is renamed to Eby Avenue, and; 3. The south portion of the street that runs east to west is renamed to W. 68th Street. SECTION 2. That a certified copy of this Ordinance shall be filed with the Clerk and Register of Deeds of Johnson County, Kansas. SECTION 3. This Ordinance shall take effect on September 1, 2021 and be in force from and after its passage and publication as provided by law. PASSED by the Governing Body this 28th day of June, 2021. APPROVED AND SIGNED by the Mayor this 28th day of June, 2021. ___________________________________ (Seal) Ken Sissom, Mayor ATTEST: _______________________________ Juliana Pinnick, City Clerk APPROVED AS TO FORM: ________________________________ Ryan Denk, City Attorney  Renaming of Lee Drive City Council - June 14, 2021 Ü W. 67th Street Eby Avenue Slater Street W. 68th Street ive Dr Ca rm ax  AGENDA ITEM INFORMATION FORM Consider approval of an ordinance amending Chapter 5, Articles II and III of the AGENDA ITEM: Merriam Code of Ordinances related to CMB (Cereal Malt Beverage) and Alcoholic Retail Liquor Stores. (first reading) SUBMITTED BY: Juli Pinnick, City Clerk MEETING DATE: June 28, 2021 PROJECT BACKGROUND/DESCRIPTION: The 2021 Legislative Session approved HB2137, which effected some changes to the hours of operation for alcohol sales. This legislation allows for Sunday liquor sales as early as 9:00 a.m. Merriam Code of Ordinances Sections 5-48 and 5-85 restrict the sale of package Cereal Malt Beverage (CMB) and retail alcoholic liquor from 12 noon to 8:00 p.m. on Sundays. Currently there are 6 CMB package retailers and 2 Retail Liquor Stores (Reed Retail Liquors and Barley’s Liquor) in Merriam. Staff contacted both Retail Liquor storeowners regarding the legislative change and asked if they felt that allowing earlier sales of retail liquor on Sundays would help their business. Both owners were supportive of expanding the hours for Sunday sales. Each owner specifically commented that the earlier sales on Sunday would be beneficial to their business, especially during NFL football season. Both indicated that, if approved, they would change their business hours from 12 noon to 11:00 am on Sundays in an effort to capture additional sales opportunities. The 6 CMB package retailers (Quik Trip, Shell Station, Minit Mart, 7-11, Snappy Store and Walgreen’s) are mainly convenience stores and while staff did not contact those retailers, this change to the code would most likely not affect their business hours, as all are typically open before 12 noon on Sundays. The change would simply allow the CMB sales to occur as early as 9:00 a.m. If the ordinance is approved, staff will notify each license holder of the changes so they can amend their business operations as needed. This legislation became effective May 27, 2021. Council could waive the customary first reading, if desired. The ordinance will be effective upon publication the Legal Record. CITY COUNCIL GOALS AND OBJECTIVES Objective -4.1 Provide support to existing businesses. FINANCIAL IMPACT Amount of Request/Contract: N/A Amount Budgeted: N/A Funding Source/Account #: N/A SUPPORTING DOCUMENTS Ordinance ACTION NEEDED/STAFF RECOMMENDATION Staff recommends approving an ordinance amending sections 5-48 and 5-85 of the Merriam Code of Ordinances to expand Sunday sales for CMB and Retail Liquor.  ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5, ARTICLES II AND III OF THE CODE OF ORDINANCES OF THE CITY OF MERRIAM, KANSAS CONCERNING CMB (CEREAL MALT BEVERAGE) AND ALCOHOLIC LIQUOR. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MERRIAM, KANSAS: Section 1. That section 5-48 of the Code of Ordinances, City of Merriam, Kansas, is hereby amended to read as follows: Sec. 5-48 Business regulations It shall be the duty of every licensee to observe the following regulations: 1. The place of business licensed and operating under this article shall at all times have a front and rear exit unlocked when open for business. 2. The premises and all equipment used in connection with such business shall be kept clean and in a sanitary condition and shall at all times be open to the inspection of law enforcement officers and health officers of the city, county, and state. 3. Hours of operation. a. No person shall sell at retail CMBs or beer containing not more than six percent alcohol by volume in the original package: 1. On Easter Sunday; 2. Between the hours of 12:00 midnight and 6:00 a.m. Monday through Saturday; or 3. Before 9:00 a.m. or after 8:00 p.m. on Sunday Section 2. That section 5-85 of the Code of Ordinances, City of Merriam, Kansas is hereby amended to read as follows: Sec.5-85 Hours of operation, Sunday and holiday sales No person shall sell at retail alcoholic liquor in the original package: 1. On Easter Sunday, Thanksgiving Day or Christmas Day; 2. Before 9:00 a.m. or after 11:00 p.m. Monday through Saturday; or 3. Before 9:00 a.m. or after 8:00 p.m. on Sunday. Section 3. Severability. If any part or parts of this Ordinance shall be held to be invalid, such invalidity shall not affect the validity of the remaining parts of this Ordinance. The Governing Body hereby declares that it would have passed the remaining parts of this Ordinance if it would have known that such part or parts thereof would be declared invalid. Section 4. Savings Clause. Neither the adoption of this Ordinance, nor the future repeal or amendment of any section or part or portion thereof be construed as a waiver of any license, fee or penalty at said effective date and unpaid under either Ordinance, nor be 1 construed as affecting any of the provisions of these Ordinances relating to the collection of any such license, fee or penalty, or the penal provisions applicable to any violation thereof, and all rights and obligations thereunder shall continue in full force and effect. Section 5. Existing Sections. Those sections of Chapter 5, Articles II and III, of the Code of Ordinances, City of Merriam, Kansas not heretofore repealed shall remain in full force and effect. Section 6. Effective Date. 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 this day of , 2021. APPROVED AND SIGNED by the Mayor this day of , 2021. Ken Sissom, Mayor ATTEST: Juliana Pinnick, City Clerk APPROVED AS TO FORM: Ryan Denk, City Attorney 2  AGENDA ITEM INFORMATION FORM AGENDA ITEM: Consider approval of a budget adjustment for the 2021 Utilities Budgets SUBMITTED BY: Donna Oliver, Finance Director MEETING DATE: June 28, 2021 PROJECT BACKGROUND/DESCRIPTION: Staff is requesting an amendment to the FY2021 Utilities budget to cover unanticipated higher utility costs at the Public Works Facility and the Merriam Community Center. Public Works Facility In October 2011, the City signed a contract with Constellation Gas for the provision of natural gas at the Public Works facility. Due to the surge pricing of natural gas that occurred during the extended cold snap in February the invoice for gas service that month totaled $27,347 versus the annual budget of $13,000. As of June 1, 2021, the City changed the natural gas provider to Kansas Gas Service. All other facilities also use Kansas Gas Service. Staff is requesting an additional $27,500 be added to the budget from reserves. Merriam Community Center The 2021 budget for utility costs at the new Merriam Community Center was based on the pro forma completed before the facility was constructed. Actual costs for electricity has trended higher than budget. As a result, staff is requesting an additional $125,000 be added to the electricity budget from reserves. Original Requested Expenditures Account Budget Budget Increase through June 2021 Electricity – MCC $125,000 $250,000 $125,000 $92,238 Gas – PW 13,000 40,500 27,500 30,533 Total $138,000 $290,500 $152,500 $122,791 CITY COUNCIL GOALS AND OBJECTIVES 2.0 - Provide exceptional service delivery. FINANCIAL IMPACT Amount of Contract: N/A Amount Budgeted: N/A Funding Source/Account #: 001-1592-419-92-05 SUPPORTING DOCUMENTS n/a ACTION NEEDED/STAFF RECOMMENDATION Staff recommends adjusting the Utilities budget by $152,500 for 2021. CIT Y OF MERRIAM, K ANSAS MONTHLY FINANCIAL REPORT May 2021 Finance Department  City of Merriam, KS Monthly Financial Report - Executive Summary May 2021 Revenues Current Month YTD YTD Over/(Under) Various Funds: Actual Actual Budget YTD Budget 1% City Sales Tax $ 780,487 $ 2,018,146 $ 1,829,401 $ 188,745 1/4% City Sales Tax-Storm/Street 199,836 520,927 457,350 63,577 1/4% City Sales Tax-Rec. Facilities 199,836 520,927 457,350 63,577 City Use Tax 113,308 290,617 191,765 98,852 County Sales Taxes - All 194,529 535,918 504,076 31,842 Real Property Taxes - Gen Fund $ - $ 2,665,226 $ 2,317,480 $ 347,746 Transient Guest Tax 64,399 64,399 107,313 (42,914) Franchise Fees 44,791 490,616 547,691 (57,075) Court Fines 91,750 420,900 375,000 45,900 Expenditures General Fund - only: Current Mo. Monthly Over/(Under) Year to Date Year to Date Over/(Under) Actual Budget Budget Actual Budget YTD Budget Salaries and Benefits $ 677,437 $ 803,650 $ (126,213) $ 3,415,488 $ 4,018,252 $ (602,765) Contractual Services: OP Fire Services - 237,558 (237,558) - 1,187,789 (1,187,789) Utilities 47,896 53,758 (5,862) 242,118 268,789 (26,671) Legal 1,952 5,500 (3,548) 10,405 27,500 (17,096) Property Maint 19,609 77,798 (58,189) 256,706 388,992 (132,286) Specific Contractual* 9,857 37,554 (27,697) 112,139 187,770 (75,630) Other Contractual 48,135 90,549 (42,414) 217,388 452,744 (235,356) Commodities: Gasoline/Diesel Fuel 9,085 12,954 (3,869) 32,497 64,771 (32,274) Other Commodities 28,348 54,544 (26,196) 180,495 272,721 (92,226) *Specific Contractual includes: specific ongoing outside contractors (Judge, Prosecutor, Auditor, prisoner care, Information Services, legislative monitor, payroll processing, and animal care). The City Attorney is included under the Legal line item. Comments:  March 2021 1% and ¼% City sales tax collections are 60.12% (+$492,721) more than the prior year. o Auto sales are 99.31% more than prior year actual. o Merriam Town Center/Johnson Drive sales are 25.16% more than prior year actual o Other categories are 26.41% more than prior year actual.  Year-to-date 2021 1% and ¼% City sales tax collections are 22.84% (+$622,981) more than prior year. o Auto sales are 31.69% more than prior year actual. o Merriam Town Center/Johnson Drive sales are 8.04% more than prior year actual o Other categories are 16.59% more than prior year actual.  May Evergy franchise fee revenues in the amount of $58,034 will be received in June.  Overland Park Fire Services for 1st quarter 2021 will be paid in June.  City of Merriam, KS Monthly Financial Report - Executive Summary May 2021 Equipment Purchases >$5,000 Month Description Amount January Police – trailer $7,595 February Police – thirty-five tasers $20,753 March None $0 April Parks – park swing structure $31,650 May Parks – We Go swing at Chatlain Park $46,091 Admin – new payroll software launch fees $14,250 Cash and Investment Balances FHLB = Federal Home Loan Bank $ 5,835,000 17% FHLMC = Federal Home Loan Mortgage Corp. 4,650,000 14% FNMA = Federal National Mortgage Assn. 3,000,000 9% FFCB = Federal Farm Credit Bank 7,250,000 22% US Treasury Bills 2,490,000 8% Municipal Bonds 2,625,000 9% TD Ameritrade MMA 1,808,228 6% Total Investments 27,658,228 85% US Bank Cash Account 5,382,863 15% Total Cash plus Investments $ 33,041,092 100%  City of Merriam, KS Monthly Financial Report - Executive Summary May 2021 FAQ’s Question: What is the City Sales Tax rate effective January 1, 2021? Answer: 9.475% (6.500% to the State of Kansas; 1.475% to Johnson County; 1.50% to Merriam) Question: How much does the City owe for general obligation bonds? Answer: $1,685,000 is the current balance for the Series 2012 and $15,390,000 for Series 2018. Question: What is the City’s bond rating? Answer: S & P Global Ratings rates the City’s debt as “AAA (Stable)” Question: What is the City’s current mill levy? Answer: 27.558 mills (2020 levy supporting 2021 budgets) Question: What is the City’s assessed property valuation? Answer: $214 million per Johnson County Clerk as of June 1, 2020 Question: How much of the City’s assessed property valuation is for Residential, Commercial, and Other? Answer: $91 million or 43% for Residential (including apartments); $116 million or 55% for Commercial; $7 million or 2% for Other (including vacant land, personal property, utilities) Question: How many households are in the City? Answer: 5,224 households (homes and apartments) per the 2010 U.S. Census Bureau Question: What is the City’s “pull factor” and what does this mean? Answer: 4.49 is the City’s pull factor per the Kansas Department of Revenue (December 2020 report). The term refers to how many non-residents a community “pulls” for shopping purposes. A pull factor greater than 1.00 indicates the community attracts more retail sales than it loses when residents shop outside the city. Merriam’s is currently the highest in the State of Kansas.  City of Merriam Sales Tax Comparison - 1.50% YTD 2021 vs 2020 $3,500,000 Other City Sales Tax, $3,000,000 $652,413 19% Other Auto, $184,348 6% $2,500,000 Telecom/Utilities, $101,052 3% Other City Sales Tax, $541,461 20% Johnson Drive Retail, $548,046 Other Auto, $172,937 6% $2,000,000 16% Telecom/Utilities, $89,949 3% Johnson Drive Retail, $507,285 19% $1,500,000 Automobiles, $1,000,000 $1,864,759 56% Automobiles, $1,416,004 52% $500,000 $- YTD 2021 YTD 2020  CITY SALES & USE TAXES * (Regular 1.50% effective Jan. 1, 2018, 1.25% prior years) Through: May 2021 Month Comparison Average Collected/Received 2016 2017 2018 2019 2020 2021 2020 and 2021 2016-2020 Jan/Mar 831,320 786,301 849,645 852,037 929,937 1,087,169 157,232 849,848.23 Feb/Apr 773,150 738,462 984,697 815,595 994,443 969,981 (24,462) 861,269.54 Mar/May 858,854 868,780 997,674 1,014,294 803,256 1,293,467 490,212 908,571.46 Apr/Jun 796,692 750,690 1,079,168 979,825 654,772 852,229.23 May/Jul 931,163 858,245 1,025,175 1,127,238 914,993 971,362.79 Jun/Aug 865,511 895,143 1,088,415 981,803 1,246,100 1,015,394.31 Jul/Sep 927,803 911,673 1,028,566 1,156,685 1,066,462 1,018,237.78 Aug/Oct 923,896 909,599 1,093,553 1,156,528 1,143,388 1,045,392.50 Sep/Nov 863,243 829,752 898,941 1,092,707 1,013,232 939,575.13 Oct/Dec 819,791 887,153 978,915 1,030,482 1,095,142 962,296.84 Nov/Jan 844,545 815,416 947,857 1,041,482 1,027,139 935,287.94 Dec/Feb 943,732 868,102 966,502 1,043,210 1,146,167 993,542.34 Total 10,379,700 10,119,316 11,939,108 12,291,885 12,035,031 3,350,617 622,981 11,353,008 YTD 2016 2017 2018 2019 2020 2021 May 2021 2,463,324 2,393,544 2,832,016 2,681,926 2,727,636 3,350,617 Average Collections Between 2016-2020 $ 11,353,008 Budgeted 2021 11,743,464 Estimate Based on Current Collection Rate 13,402,468 Over/(Under) at Current Collection Rate $ 1,659,004 * Kansas imposes a use tax on items purchased outside of Kansas for use in Kansas. The rate is identical to the sales tax rate in effect where the customer takes delivery.  1.50% City Sales & Use Tax Year to Date Comparison 2016-2021 (1.50% effective Jan. 1, 2018, 1.25% prior years) $3,500,000 $3,250,000 $3,000,000 $2,750,000 $2,500,000 $2,250,000 $2,000,000 $1,750,000 $1,500,000 $1,250,000 $1,000,000 $750,000 $500,000 2016 2017 2018 2019 2020 2021  JOHNSON COUNTY SALES/USE TAX AND PUBLIC SAFETY TAXES * (Total City Share is 1.25%) Through: May 2021 Month Comparison Average Collected/Received 2016 2017 2018 2019 2020 2021 2020 and 2021 2016-2020 Jan/Mar 130,730 132,558 164,426 147,949 152,833 181,820 28,986 145,699 Feb/Apr 129,905 136,333 149,591 148,168 156,265 159,569 3,304 144,052 Mar/May 145,445 148,999 178,476 167,514 150,945 194,529 43,584 158,276 Apr/Jun 141,130 157,071 171,127 165,807 153,599 157,747 May/Jul 136,074 168,652 179,056 182,514 164,589 166,177 Jun/Aug 150,786 181,983 185,132 176,338 192,327 177,313 Jul/Sep 150,089 172,667 166,088 181,055 168,081 167,596 Aug/Oct 148,762 176,915 175,932 178,013 187,229 173,370 Sep/Nov 152,714 180,671 164,596 178,770 177,905 170,931 Oct/Dec 140,607 165,159 163,132 176,796 182,813 165,701 Nov/Jan 142,131 171,494 183,409 177,798 180,092 170,985 Dec/Feb 172,005 196,607 189,838 194,792 179,184 186,485 Total 1,740,379 1,989,108 2,070,804 2,075,514 2,045,862 535,918 75,875 1,984,333 YTD 2016 2017 2018 2019 2020 2021 May 2021 406,080 417,890 492,492 463,631 460,043 535,918 Average Collections Between 2016-2020 $ 1,984,333 Budgeted 2021 2,016,304 Estimate Based on Current Collection Rate 2,143,671 Over/(Under) at Current Collection Rate $ 127,367 * The County special "courthouse" 0.25% tax, effective April 1, 2017, will expire March 31, 2027. All other County taxes have no sunset date.  May 2021 REVENUE SUMMARY BY FUND Fund YTD Monthly YTD % Number Revenues Budget/Est. Actual Collections Balance Budget/Est. 001 General Fund $ 19,577,129 $ 7,015,905 $ 1,296,470 $ 12,561,224 35.84% 201 Special Highway Fund 253,420 67,632 0 185,788 26.69% 202 Special Alcohol Fund 27,283 5,299 - 21,984 19.42% 203 Special Park & Rec 27,283 5,341 0 21,942 19.58% 204 Transient Guest Tax 502,750 87,147 66,747 415,603 17.33% 221 Risk Management Reserve 19,985 3,650 0 16,335 18.26% 222 Equipment Reserve Fund 640,000 265,501 65,618 374,499 41.48% 301 Capital Improvement Fund 2,562,426 658,122 303 I-35 District CIP Fund 499 0 401 Bond and Interest Fund 3,229,038 634,183 199,836 2,594,855 19.64% 403 TIFB-I35 District 2,509,123 - 702 Special Law Enforcement-State/Local - - 703 Property Forfeiture Fund 10,425 - 704 Grant Fund - - TOTAL $ 24,276,888 $ 13,167,130 $ 2,286,793 $ 16,192,231 Average Rate of Sales Tax Collections Should Be: 25.00% Average Rate of Other Collections Should Be: 41.67%  May 2021 EXPENDITURE SUMMARY BY FUND Fund YTD Monthly YTD % Number Expenditures Budget/Est. * Actual Expenditures Encumbrances Balance Budget/Est. 001 General Fund $ 19,390,930 $ 6,707,602 $ 1,356,666 $ 675,463 $ 12,007,865 38.07% 201 Special Highway Fund 330,000 3,994 - 2,439 323,567 1.95% 202 Special Alcohol Fund 27,000 20,000 1,325 - 7,000 74.07% 203 Special Park & Rec 60,000 53,519 46,090 - 6,481 89.20% 204 Transient Guest Tax 537,913 167,603 27,371 15,524 354,786 34.04% 221 Risk Management Reserve 30,000 (40,980) (18,366) 31,715 39,265 -30.88% 222 Equipment Reserve Fund 691,093 81,444 16,190 93,381 516,268 25.30% 301 Capital Improvement Fund 300,935 68,347 2,228,391 303 I-35 District CIP Fund 53,471 22,086 239,670 401 Bond and Interest Fund 3,220,475 400,238 - - 2,820,238 12.43% 403 TIFB-I35 District 646,032 - - 702 Special Law Enforcement-State/Local 7,132 - - 703 Property Forfeiture Fund - - - 704 Grant Fund 1,403 - - TOTAL $ 24,287,411 $ 8,402,392 $ 1,519,709 $ 3,286,583 $ 16,075,468 Average Expenditure Rate Should Be: 41.67% * Excludes budgeted reserves and contingencies  May 2021 EXPENDITURE SUMMARY BY DEPARTMENT GENERAL FUND - YEAR-TO-DATE 2021 2020 Actual 2021 Annual Year-to-date % of Budget Year-to-date Over/(Under) Department Budget/Est. Actual Used Actual Actual 2020 City Council $ 100,691 $ 28,634 28.44% $ 36,690 $ (8,056) Administration 1,286,151 485,090 37.72% 503,132 (18,042) Municipal Court 386,354 133,177 34.47% 129,650 3,526 Info Services 556,966 212,537 38.16% 202,776 9,761 General Overhead General 496,955 172,345 34.68% 108,684 63,661 Utilities 608,200 243,965 40.11% 86,080 157,885 Property Maintenance 549,784 140,372 25.53% 89,454 50,918 Risk Management 230,000 - 0.00% - - Legal 71,900 11,580 16.11% 23,900 (12,320) Employee Benefits 61,640 10,946 17.76% 10,689 258 Fleet Maintenance 296,985 58,541 19.71% n/a n/a Interfund Transfers 2,701,544 2,201,124 81.48% 2,068,534 132,589 Contingency Usage * 25,000 - 0.00% - - Police 4,156,162 1,567,722 37.72% 1,611,488 (43,766) Fire 2,910,889 (31,486) -1.08% 548,838 (580,323) Public Works 2,289,336 752,488 32.87% 753,482 (994) Culture & Rec - Parks 52,003 4,472 8.60% 48,983 (44,511) Culture & Rec - Comm Ctr 1,775,571 433,920 24.44% 344,758 89,161 Community Dev 800,550 282,177 35.25% 310,983 (28,806) Total General Fund $ 19,356,681 $ 6,707,602 34.65% $ 6,878,121 $ (229,060) Average Expenditure Rate Should Be: 41.67% * Excludes budgeted reserves and contingencies INVESTMENT REPORT  Investment Listing by Maturity Date 5/31/2021 Purchase Par Maturity Monthly Fund Type Location Date Amount Date Yield Subtotal 301/901 Treasury MMA TD Ameritrade 09/01/16 1,808,228 N/A 0.010% $ 1,808,228 301 AGENCY-FHLB TD Ameritrade 07/08/20 1,000,000 06/11/21 0.166% 901 AGENCY-FHLB TD Ameritrade 03/14/18 250,000 06/14/21 2.509% $ 1,250,000 301 AGENCY-FHLB TD Ameritrade 08/05/20 3,000,000 07/07/21 0.112% $ 3,000,000 301 AGENCY-FHLMC TD Ameritrade 07/08/20 3,000,000 08/12/21 0.167% 301 AGENCY-FNMA TD Ameritrade 08/06/20 1,000,000 08/17/21 0.126% 301 AGENCY-FNMA Country Club 07/29/19 500,000 08/17/21 1.797% $ 4,500,000 901 MUNICIPAL BOND TD Ameritrade 02/23/21 200,000 09/01/21 0.220% 901 MUNICPAL BOND TD Ameritrade 03/25/21 175,000 09/01/21 0.185% 301 AGENCY-FNMA Country Club 07/29/19 500,000 09/08/21 1.862% $ 875,000 301 AGENCY-FNMA TD Ameritrade 10/28/20 1,000,000 10/07/21 0.122% 301 MUNICIPAL BOND TD Ameritrade 11/05/20 250,000 10/15/21 0.221% $ 1,250,000 303 AGENCY-FHLB TD Ameritrade 02/18/20 340,000 12/10/21 1.400% 301 AGENCY-FHLB TD Ameritrade 02/18/20 245,000 12/10/21 1.400% 301 AGENCY-FHLB TD Ameritrade 12/16/20 1,000,000 12/16/21 0.092% 301 TBILL Country Club 03/31/21 290,000 12/30/21 0.039% 222 TBILL Country Club 12/23/20 300,000 12/31/21 0.095% $ 2,175,000 301 AGENCY-FFCB TD Ameritrade 04/30/21 500,000 01/12/22 0.055% $ 500,000 222/301 TBILL Country Club 04/21/21 1,150,000 03/24/22 0.054% $ 1,150,000 301 AGENCY-FFCB TD Ameritrade 04/14/21 250,000 04/13/22 0.120% 301 TBILL TD Ameritrade 04/30/21 750,000 04/15/22 0.050% 901 AGENCY-FFCB TD Ameritrade 02/03/21 1,000,000 04/27/22 0.100% $ 2,000,000 901 MUNICPAL BOND TD Ameritrade 02/23/21 290,000 09/01/22 0.220% 901 MUNICPAL BOND TD Ameritrade 02/25/21 530,000 09/01/22 0.230% 901 MUNICPAL BOND TD Ameritrade 03/04/21 500,000 09/01/22 0.370% 901 MUNICPAL BOND TD Ameritrade 03/31/21 185,000 09/01/22 0.270% 901 MUNICPAL BOND TD Ameritrade 03/31/21 260,000 09/01/22 0.245% 301 AGENCY-FFCB TD Ameritrade 12/22/20 1,000,000 09/22/22 0.120% $ 2,765,000 301 MUNICIPAL BOND TD Ameritrade 05/07/20 235,000 12/01/22 1.050% 222/303 AGENCY-FHLMC Country Club 06/30/20 650,000 12/29/22 0.350% $ 885,000 901 AGENCY-FFCB TD Ameritrade 01/13/21 500,000 01/13/23 0.160% 221 AGENCY-FFCB Country Club 01/30/20 350,000 01/23/23 1.441% 301 AGENCY-FFCB Country Club 01/30/20 150,000 01/23/23 1.441% 301 AGENCY-FHLMC TD Ameritrade 03/16/21 1,000,000 01/27/23 0.100% $ 2,000,000 901 AGENCY-FFCB TD Ameritrade 02/10/21 2,000,000 02/10/23 0.135% $ 2,000,000 301/303 AGENCY-FFCB TD Ameritrade 03/03/21 1,000,000 03/01/23 0.158% 901 AGENCY-FFCB TD Ameritrade 03/10/21 500,000 03/10/23 0.160% $ 1,500,000 Weighted Yield 0.272% $ 27,658,228  CITY COUNCIL SUGGESTED MOTIONS FOR YOUR CONSIDERATION CONSENT AGENDA 1. Move that the council approve Consent Agenda Item 1. MAYOR’S REPORT 1. No motion. COUNCIL ITEMS 1. Move that the council approve an ordinance amending Chapter 59 of the Merriam Code of Ordinances related to right of way use and excavations. 2. Move that the council approve an ordinance renaming Lee Drive. 3. No suggested motion (first reading) 4. Move that the council approve a budget adjustment for the 2021 utilities budget. 5. No motion. 6. No motion. EXECUTIVE SESSION