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City Council

Regular Meeting

Merriam, KS · October 25, 2021

Agenda

Agenda

MERRIAM CITY COUNCIL AGENDA CITY HALL 9001 WEST 62ND STREET October 25, 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 October 11, 2021. V. MAYOR’S REPORT 1. Confirm the reappointment of Leah Ann McCormick and Cole Stephens to the Planning Commission for the terms expiring December 31, 2024. 2. Confirm the reappointment of Cole Stephens and Joseph Kronawitter to the Board of Zoning Appeals for the terms expiring December 31, 2024. 3. Confirm the reappointment of Ruben Cozmyer to the Board of Structure Appeals for the term expiring December 31, 2024. 4. Confirm the reappointment of Tony Scott, Kathy Stull and Staci Chivetta to the Parks and Recreation Board for the terms expiring December 31, 2023. VI. COUNCIL ITEMS 1. Consider approval of an ordinance regulation food trucks. 2. Consider approval of a resolution canceling the December 26, 2022, City Council Meeting. 3. Public Art Review. 4. Monthly Finance Report. 5. Community Development Update. VII. STAFF ITEMS 1. Upcoming City Council Schedule. VIII. EXECUTIVE SESSION IX. ADJOURNMENT Respectfully submitted, Juliana Pinnick City Clerk City Council Minutes October 11, 2021 MERRIAM CITY COUNCIL MINUTES CITY HALL 9001 WEST 62ND STREET October 11, 2021 7:00 P.M. I. CALL TO ORDER - PLEDGE OF ALLEGIANCE Mayor Ken Sissom called the meeting to order at 7:00 pm. II. ROLL CALL Scott Diebold Chris Evans Hands Bruce Kaldahl Brian Knaff was absent David Neal via telephone Bob Pape Jason Silvers Whitney Yadrich Staff present:, Seth Jurcyk, City Attorney; Chris Engel, City Administrator; Jennifer Jones-Lacy, Assistant City Administrator; Jim MacDonald, Public Works Director; Jenna Gant, Communication and Public Engagement Manager; Bryan Dyer, Community Development Director; Anna Slocum, Parks & Recreation Director; Darren McLaughlin, Police Chief 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. There were no public comments. 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 City Council Minutes October 11, 2021 1. Consider approval of the minutes of the City Council meeting held September 27, 2021. 2. Consider approval of an Inter-local Agreement (ILA) between the City of Merriam and Overland Park for pavement preservation project on Lowell Street. COUNCILMEMBER PAPE MOVED THAT THE COUNCIL APPROVE CONSENT AGENDA ITEMS 1-2. COUNCILMEMBER YADRICH SECONDED AND THE MOTION WAS UNANIMOUSLY APPROVED. V. MAYOR’S REPORT 1. Employee Service Awards – 3rd Qtr 2021 Mayor Sissom presented Employee Service Awards to the following recipients: 15 Years of Service - Lisa Naughton, Parks and Recreation 25 Years of Service – Mark Fauser, Public Works 2. Proclamation - Indigenous Peoples’ Day. Mayor Sissom read the Proclamation for Indigenous Peoples’ Day. 3. Proclamation - Home Rule Day. Mayor Sissom read the Proclamation for Home Rule Day. VI. COUNCIL ITEMS 1. Polling Software presentation. During the 2021 Budget adoption process, the Council set an objective to investigate the use of survey tools to seek feedback from residents on large community issues in alignment with Goal 1.2 – Gain insight into public sentiment on community issues and services. Staff reviewed several products that provide polling and/or survey options to residents on various issues of concern. The governing body is asked to review these options and decide if they wish to move forward with one of the products, which product they prefer, and if they need more information. That will give staff direction on how to move forward on this objective. 2 City Council Minutes October 11, 2021 Jenna Gant, Communication and Public Engagement Manager presented information regarding Polling Software options. Based on the needs of the city, it appears that a survey software option would provide the best solution rather than polling software. Staff reviewed 5 survey software options which included Flash Vote, Polco, Bang the Table and Survey Monkey. Ms. Gant reviewed each option and provided pros and cons for each software product. Google Forms is the only product that is free, the others cost upwards of $9,000 annually. After discussion among the council, it was recommended to move forward with the paid version of Survey Monkey which is the least expensive at $2,700 annually and then analyze the results after a few surveys are completed to see if it will meet the needs. 2. Consider approval of an ordinance amending sections 1-3 and 2-29 of the Merriam Code of Ordinances (recommend waiving first reading) City Clerk Juli Pinnick provided the background for this item. During review of the Governing Body Rules of Procedure (GBROP) it was discovered that there were many opportunities for improvements to the document. One item discovered during the process was the definition of “Governing Body” was different than the definition in the Code of Ordinances. Other items discovered included a minimal definition of when the Mayor is authorized to vote, and remote attendance allowed by telephone only. City staff reached out to the City Attorney to help provide some clarification on these issues. This Ordinance, drafted by the City Attorney, will bring these items into compliance with State Statute, update the Code of Ordinances to correctly define “Governing Body”, voting power of the Mayor, and provide allowances for remote meetings by telephone, video conference and other means. (per K.A.R. 16-20). K.S.A. 12-104 defines the composition of “Governing Body “ for purposes of voting on Charter Ordinances and allows cities to establish when the Mayor votes on other matters through passage of an ordinance. Previously voting power of the Mayor was only memorialized in the GBROP and was not included in the Code of Ordinances. This ordinance will clearly define voting power of the Mayor as follows: 3 City Council Minutes October 11, 2021 1. On Charter ordinances 2. On regular ordinances when there is less than the number of required favorable votes 3. On resolutions or motions, in the event the vote of the council results in a tie. Staff is suggesting waiving the customary first reading of the ordinance in order to marry up the approval of this ordinance with the GBROP and City Council Policies also on this meeting Agenda. COUNCILMEMBER YADRICH MOVED THAT THE COUNCIL WAIVE THE CUSTOMARY FIRST READING OF AN ORDINANCE AMENDING SECTIONS 1-3 AND 2-29 OF THE MERRIAM CODE OF ORDINANCES. COUNCILMEMBER HANDS SECONDED AND THE MOTION WAS UNANIMOUSLY APPROVED. COUNCILMEMBER HANDS MOVED THAT THE COUNCIL APPROVE AN ORDINANCE AMENDING SECTIONS 1-3 AND 2-29 OF THE MERRIAM CODE OF ORDINANCES. COUNCILMEMBER YADRICH SECONDED AND THE MOTION WAS UNANIMOUSLY APPROVED. 3. Consider approval of the Governing Body Rules and City Council Policies. Juli Pinnick, City Clerk provided the background for this item. The proposed GBROP provides a comprehensive overview of the expectations and operations of the Governing Body and its members. The intent of this document is to use as a handbook and training tool for Governing Body members. The process began in March 2020 by staff to update Governing Body procedures and operational processes not included in the document and to modernize the look of the document. All references to State Statute and excerpts from Municipal Code were also verified/updated during this process. City Council Policies: There were 30 City Council Policies and many of the policies were outdated and no longer needed. In addition, there were several policies that were similar in nature, are now combined into a single policy. The 30 policies have been reformatted and combined into 10 policies. 4 City Council Minutes October 11, 2021 Once staff completed the first revamp of the GBROP and City Council Policies, a council subcommittee of Councilmembers Pape, Hands and Neal met to review and edit the GBROP and City Council Policies. There were several meetings between the subcommittee members, and city staff which resulted in the final copy for consideration. The final copy has been reviewed by the City Attorney and is ready for Council approval. While it is difficult to go over all of the additions/changes to the document, below is a high level overview of some significant additions to the GBROP: • Alternate methods for conducting meetings and receiving Public Comments. • Motions requiring a second and motions that die for lack of a second. This practice began a few years ago but was not in the GBROP. • Work Sessions • Clarification of Voting Power of the Mayor and Abstentions • Seating order of the Council This final copy does not include the following Council Policies: Policy 107-Street Lighting Policy (1989-2010) – policy no longer needed city has streetlight replacement/install plan. Policy 108 Curb Obstructions on City Rights of way (1989)- policy no longer needed per Public Works Director. Policy 109 Employee Benefits Offered by Third Parties (1989-2010) - this is handled by the HR Manager no need for policy. Policy 110 Recognition of Retirees (1989 & 2002) - this policy is no longer needed Policy 112 Outstanding Checks (1992) – this is regulated by K.S.A. 10-816 and is no longer needed. Policy 122 Consent Agenda Items (1999 & 2017) – added to the GBROP Policy 104 Governing Body Expenses covered by the City (1989 & 2010) – added to GBROP. Policy 123 Park Naming Policy (1999 & 2010) – this policy will be added to Park Board policies. It is recommended these policies be repealed. Councilmember Pape thanked staff and councilmembers on the subcommittee for all their hard work on this project. The goal was to get the 5 City Council Minutes October 11, 2021 documents updated prior to new councilmembers coming on board. The document will help guide them in their role as a councilmember. He further commented that there are some areas of the policies that still need updating, specifically economic development policies such as the TIF policy and a new CID policy that will be added down the road. Councilmember Neal commented while going through the process the subcommittee recognized that the TIF policy needs updating as well there will be a CID policy forthcoming. It was determined that these policies would be discussed with the council as a whole possibly at a future work session. COUNCILMEMBER PAPE MOVED THAT THE COUNCIL APPROVE THE GOVERNING BODY RULES OF PROCEDURE AND CITY COUNCIL POLICIES; REPEALING CITY COUNCIL POLICIES 104, 107-110, 112, 122 AND 123. COUNCILMEMBER HANDS SECONDED AND THE MOTION WAS UNANIMOUSLY APPROVED. 4. Consider approval of an ordinance regulating food trucks.(first reading) Community Development Director Bryan Dyer provided the background for this information. The City of Merriam Code does not have standards for the operation of mobile food vendors (food trucks) within the city limits. Staff regularly receives inquiries from food truck operators wishing to do business in Merriam. Staff reviewed neighboring communities’ food truck regulations prior to crafting the attached draft ordinance. The draft ordinance utilizes different aspects from those communities’ regulations to create criteria for the operation of food trucks in Merriam. The draft ordinance amends Chapter 14 – Businesses and Business Regulations by adding licensing standards for mobile food venders. The ordinance has been reviewed by department heads and the city administrator. The goal of the ordinance is to provide standards for the operation of a food truck in the city in a manner that is minimally disruptive to city streets and neighborhoods. The ordinance includes allowances for food truck operations at city approved events. One of the primary tenets of the draft ordinance is that all food trucks operating within the city must have a Merriam Occupational License (MOL). This will provide the city with operator contact information and assurance that the food truck as the proper state license and has been inspected by the fire department or an approved inspection agency. The following are some of the significant points in the draft ordinance. 6 City Council Minutes October 11, 2021 • All food trucks will need a MOL to operate within the city • To obtain an MOL, the food truck operator must provide proof of a valid Kansas Food Establishment License and fire department inspection • Food trucks cannot operate in a city street unless they are part of a City approved event • Food trucks cannot block any street, pedestrian, bicyclist, etc. • Food trucks can only operate on private property that is zoned Commercial or Industrial unless they are part of a City approved event. • Food trucks must operate on a hard surface, unless they are part of a City approved event • Food trucks cannot operate within 150 feet of a brick and mortar restaurant unless they have permission from the restaurant or part of a City approved event • Food trucks can only serve alcohol if they have a state and city caterer license • The city administrator can waive any or all of these regulations for a unique or special event Mr. Dyer displayed a matrix depicting surrounding cities and their food truck ordinances. Councilmember Silvers requested the term “handicapped accessible” be changed, as the term handicapped will not be acceptable in the future. There was some discussion regarding this concern. There was some discussion among the council regarding church sponsored and private events with food trucks. Mr. Dyer commented that all food trucks will be required to get an MOL as they are conducting commercial operations 5. CIP Update. Public Works Director Jim MacDonald provided the following CIP updates: The 2021 Street Improvements program is wrapping up with all the hydro seeding completed this week. The West Vernon Place preliminary engineering study is complete. Staff has reviewed the draft and the engineer is finalizing the recommendations. The Miscellaneous Storm Pipe Lining Improvements Project is moving along, with the contractor having returned all the contract documents and the 7 City Council Minutes October 11, 2021 preconstruction meeting to be held next week. The project should take approximately 60 days to complete. Councilmember Silvers thanked Mr. MacDonald and his team for the installation of the LED streetlight at 49th and Knox. The lighting is so much better in that area and he invited everyone to go take a look to see the difference. VII. STAFF ITEMS City Administrator Chris Engel commented that last weekend the city hosted a recycling event. The event was held at the Nations Holding building on 67th St. This was a joint event with the City of Shawnee, and was very well attended. He thanked Jenna Gant and the other volunteers who helped make the event a great success. Items recycled included bikes, electronics, paper shredding, and paint. VIII. EXECUTIVE SESSION COUNCILMEMBER PAPE MOVED THAT THE COUNCIL RECESS INTO EXECUTIVE SESSION FOR CONSULTATION WITH THE CITY ATTORNEY TO DISCUSS A POTENTIAL DEVELOPMENT PROJECT, AS JUSTIFIED BY K.S.A. 75-4319(B)(2), WHICH ALLOWS THE CITY COUNCIL TO RECESS INTO EXECUTIVE SESSION FOR CONSULTATION WITH LEGAL COUNCIL WHICH WOULD BE DEEMED PRIVILEGED IN AN ATTORNEY-CLIENT RELATIONSHIP. PRESENT WILL BE THE GOVERNING BODY, CITY ATTORNEY, CITY ADMINISTRATOR AND COMMUNITY DEVELOPMENT DIRECTOR. THE MEETING WILL RECONVENE IN THE COUNCIL CHAMBERS AT 9:00 PM. COUNCILMEMBER HANDS SECONDED AND THE MOTION WAS UNANIMOUSLY APPROVED. The meeting reconvened at 9:00 pm. IX. ADJOURNMENT THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE COUNCIL, COUNCILMEMBER HANDS MOVED TO ADJOURN AT 9:01 PM. COUNCILMEMBER PAPE SECONDED AND THE MOTION WAS UNANIMOUSLY APPROVED. Respectfully submitted, Juliana Pinnick City Clerk 8 AGENDA ITEM INFORMATION FORM Consider approval of an ordinance amending Chapter 14 – Businesses and Business Regulations of the Ordinances of the City of Merriam by adding AGENDA ITEM: standards for the regulation of mobile food vendors (food trucks). (Second reading) SUBMITTED BY: Bryan P. Dyer, Community Development Director MEETING DATE: October 25, 2021 PROJECT BACKGROUND/DESCRIPTION: The City of Merriam Code does not have standards for the operation of mobile food vendors (food trucks) within the city limits. Staff regularly receives inquiries from food truck operators wishing to do business in Merriam. Staff reviewed neighboring communities’ food truck regulations prior to crafting the attached draft ordinance. The draft ordinance utilizes different aspects from those communities’ regulations to create criteria for the operation of food trucks in Merriam. The draft ordinance amends Chapter 14 – Businesses and Business Regulations by adding licensing standards for mobile food venders. The ordinance has been reviewed by department heads and the city administrator. The goal of the ordinance is to provide standards for the operation of a food truck in the city in a manner that is minimally disruptive to city streets and neighborhoods. The ordinance includes allowances for food truck operations at city approved events. One of the primary tenets of the draft ordinance is that all food trucks operating within the city must have a Merriam Occupational License (MOL). This will provide the city with operator contact information and assurance that the food truck as the proper state license and has been inspected by the fire department or an approved inspection agency. The following are some of the significant points in the draft ordinance. • All food trucks will need a MOL to operate within the city • To obtain an MOL, the food truck operator must provide proof of a valid Kansas Food Establishment License and fire department inspection • Food trucks cannot operate in a city street unless they are part of a City approved event • Food trucks cannot block any street, pedestrian, bicyclist, etc. • Food trucks can only operate on private property that is zoned Commercial or Industrial unless they are part of a City approved event. • Food trucks must operate on a hard surface, unless they are part of a City approved event • Food trucks cannot operate within 150 feet of a brick and mortar restaurant unless they have permission from the restaurant or part of a City approved event • Food trucks can only serve alcohol if they have a state and city caterer license • The city administrator can waive any or all of these regulations for a unique or special event The City Attorney has reviewed the ordinance. CITY COUNCIL GOALS AND OBJECTIVES FINANCIAL IMPACT Amount of Request/Contract: Amount Budgeted: Funding Source/Account #: SUPPORTING DOCUMENTS Draft ordinance ACTION NEEDED/STAFF RECOMMENDATION City Council approve the ordinance amending Chapter 14 – Businesses and Business Regulations of the Ordinances of the City of Merriam by adding standards for the regulation of mobile food vendors (food trucks) and authorize the Mayor to sign the effectuating ordinance. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 14 – BUSINESSES AND BUSINESS REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF MERRIAM, KANSAS CONCERNING MOBILE FOOD VENDORS (FOOD TRUCKS). NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MERRIAM, KANSAS: SECTION 1. That Chapter 14 – Businesses and Business Regulations of the Code of Ordinances, City of Merriam, Kansas, is hereby amended by adding the following: ARTICLE VI. MOBILE FOOD VENDORS Sec. 14-300. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning: City approved event means any event organized and operated by the City including but not limited to city approved neighborhood block parties in which a portion of the public right-of-way or private street is blocked off. Mobile Food Vendor or Vendor means any person, corporation, association, or other entity, however organized, that offers food and/or beverage for sale from a Mobile Food Unit. Mobile Food Unit or Unit shall mean any self-contained vehicle, trailer, cart, or other type of conveyance from which food and/or beverage is offered for sale. Sec. 14-310. Operating Conditions. Mobile food vendors may operate within the city under the following conditions: (1) Location. With the property owner’s consent, mobile food vendors may vend on private property that is zoned I-1, C-3, C-2, C-1, C-O, IP-1, or PUD-G District in accordance with this article. mobile food units may not be parked on any city owned property or public right-of-way, unless as part of a city approved event. Mobile food units may not be parked where a line of customers would hinder the flow of traffic on any street, the flow of bicycles within any bike lane or route, or the flow of pedestrians along any sidewalk. No accessible route providing access to persons with disabilities may be blocked or reduced to less than five (5) feet in width. If any such hindrance occurs, the vendor must either instruct customers to move to a safe location outside of the flow of traffic, bicycles, and pedestrians; temporarily stop vending from its unit; or move its unit to a different location. (2) Paved Surfaces. All mobile food vendor operations must occur on paved surfaces constructed in accordance with section 74-535(e)(2) unless as part of a city approved event. Page 1 of 4 10/25/2021 (3) Distance from Restaurants. No mobile food vendor may vend within a one hundred fifty foot (150') radius of the main entrance to a brick and mortar restaurant during such restaurant’s posted hours of operation unless the mobile food truck vendor has written permission from the restaurant owner and maintains a record of such permission in its Unit for inspection or is part of a city approved event. (4) Hours of Operation. Mobile food vendors are prohibited from offering for sale any food and/or beverage from the same general location for more than four (4) hours out of every day, from the same general location for three consecutive days in a calendar month, or outside the hours of 7:30 A.M. to thirty (30) minutes after sunset except as part of a city approved event. (5) Serving of Alcoholic beverages. In order to serve alcoholic beverages, the mobile food vendor must obtain the appropriate state and city caterer licenses in addition to a Merriam occupational license. (6) Signage. No sign or device prohibited by Chapter 53 Signs and Other Advertising may be erected, placed, installed, and/or maintained in association with a mobile food unit, except a mobile food unit can be used as a sign. Signage mounted on a mobile food unit shall not exceed the dimensions of the unit by more than one (1) foot in any direction. No sign on a mobile food unit may be illuminated. (7) Lights. No flashing lights or attention-attracting devices (as defined in section 53-3) are permitted on or in association with the use of a mobile food unit. No direct light may be shined on adjacent property or cause a glare or distraction for vehicles, bicycles or pedestrians from a mobile food unit. (8) Accessory Structures. Unless otherwise provided in this Article, no tables, chairs, or other accessory structures may be erected by a mobile food vendor outside of a mobile food unit. (9) Trash and Recycling. If trash and recycling receptacles are not readily provided on-site, trash and recycling receptacles shall be provided with each mobile food unit. Such receptacles must be attached to the unit or located within fifteen (15) feet of the unit and cannot interfere with vehicle access, pedestrian movement, or handicap-accessible routes to and around the unit. A minimum access width of five (5) feet must be maintained along all sidewalks and building entrances accessible to the public. Sec. 14-320. Licenses. (a) All mobile food vendors shall acquire and maintain all required licenses and permits applicable to the use and operation of mobile food units from all applicable jurisdictions. Evidence of all such licenses and/or permits shall be kept in the unit and produced upon request. (b) All mobile food vendors must have a current Merriam occupational license. When applying for or renewing a Merriam occupational license, the mobile food vendor must provide Page 2 of 4 10/25/2021 evidence that their mobile food unit has passed an inspection by an authority approved by the city’s fire department and a valid Food Establishment License from the State of Kansas. Sec. 14-330. Applicability. The city administrator or their designee can determine that a Mobile Food Vendor and/or Unit does not have to meet some or all of the sections of this Article in the case of a unique or special event. 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 14 Businesses and Business Regulations, of the Code of Ordinances, City of Merriam, Kansas not heretofore repealed shall remain in full force and effect. Page 3 of 4 10/25/2021 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 25th day of October, 2021. APPROVED AND SIGNED by the Mayor this 25th day of October, 2021. Ken Sissom, Mayor ATTEST: Juliana Pinnick, City Clerk APPROVED AS TO FORM: Ryan Denk, City Attorney Page 4 of 4 10/25/2021 AGENDA ITEM INFORMATION FORM AGENDA ITEM: Approve a Resolution canceling the December 26, 2022, City Council Meeting SUBMITTED BY: Juli Pinnick, City Clerk MEETING DATE: October 25, 2021 PROJECT BACKGROUND/DESCRIPTION: Section 2-23 of the Code of Ordinances provides that the city council shall hold regular meetings on the second and fourth Monday of each month at 7:00 p.m.; provided, however, that when the day fixed for any regular meeting shall fall upon a day designated as an official City holiday, or when otherwise deemed necessary or appropriate by the city council, such meeting may be canceled or rescheduled following the passage of a resolution so indicating. Furthermore, a regular meeting of the city council may be canceled or rescheduled whenever the mayor deems it appropriate due to special circumstances including, but not limited to, a lack of agenda items or inclement weather, or upon the written request of three councilmembers with approval of the mayor. Notice of such cancelation shall be conspicuously posted at city hall at the scheduled time of the canceled meeting and, if feasible, notice of the cancelation should be given to those individuals who have requested notice of city council meetings pursuant to the Kansas Open Meetings Act. In no event shall there be less than one regular meeting of the city council per month. Because the second regular December 2022 City Council meeting falls on a City observed holiday, the meeting may be canceled. The City will meet its obligation to hold at least one meeting per month on December 12, 2022. If this Resolution is approved, staff will ensure that proper noticing of the cancelation occurs. CITY COUNCIL GOALS AND OBJECTIVES N/A FINANCIAL IMPACT Amount of Request/Contract: Amount Budgeted: Funding Source/Account #: SUPPORTING DOCUMENTS - Resolution ACTION NEEDED/STAFF RECOMMENDATION Approve the resolution canceling the December 26, 2022, Regular City Council meeting. RESOLUTION NO. A RESOLUTION RELATING TO THE CANCELATION OF THE DECEMBER 26, 2022 REGULAR MEETING OF THE GOVERNING BODY. WHEREAS, Section 2-23 of the Code of Ordinances provides that the city council shall hold regular meetings on the second and fourth Monday of each month at 7:00 p.m.; provided, however, that when the day fixed for any regular meeting shall fall upon a day designated as an official City holiday, or when otherwise deemed necessary or appropriate by the city council, such meeting may be canceled or rescheduled following the passage of a resolution so indicating. Furthermore, a regular meeting of the city council may be canceled or rescheduled whenever the mayor deems it appropriate due to special circumstances including, but not limited to, a lack of agenda items or inclement weather, or upon the written request of three councilmembers with approval of the mayor. Notice of such cancelation shall be conspicuously posted at city hall at the scheduled time of the canceled meeting and, if feasible, notice of the cancelation should be given to those individuals who have requested notice of city council meetings pursuant to the Kansas Open Meetings Act. In no event shall there be less than one regular meeting of the city council per month; WHEREAS, the regular City Council meeting falls on an official City holiday, and WHEREAS, the City Council deems it appropriate to cancel the December 26 regular meeting in calendar year 2022. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF MERRIAM, KANSAS: Section 1. Cancelation of the December 26, 2022 regular meetings of the Governing Body. That the December 26, 2022 meetings of the Governing Body of the City of Merriam, Kansas will be canceled. Section 2. Take Effect. This resolution shall be in full force and effect from and after its passage and approval. This resolution shall be effective only for the December 26, 2022 regular meetings of the Governing Body. PASSED BY THE City Council this day of , 2021. APPROVED BY THE Mayor this day of , 2021. Ken Sissom, Mayor (SEAL) ATTEST: Juliana Pinnick, City Clerk Public Art Review Project Details Background • The Placemaking & Public Art Committee was established in 2013 and included residents and councilmembers. • Mission: “To enhance Merriam's identity through amenities that integrate our history, values, culture, and geography.” • 2014: Council adopted Budget Objective to fund public art through the CIP for five years. Total Budget $565,000 • Projects #1 - #3 were paid for with Public Art Funds from the Capital Improvement Budget. Bask was paid for from the Community Center project fund. • The final project, the City Hall exterior, will be paid for using the balance of the public art funds in 2022. Project #1 – “Still Time” Budget: $130,100 Expense: $132,482 Installation: 2016 Location: NW corner of Merriam Drive and Johnson About: Artist Dan Maginn with DRAW Architecture The goal was to create a piece that would attract visitors and create a sense of calm in a busy intersection. Inspired by its location, Still Time includes limestone as found in Turkey Creek, large pipes that resemble car mufflers and pipes, and the natural breeze creates a calming musical effect. The piece is also a nod to Native culture “people of the south wind” and the pipes are meant to complement train whistles. Project #2 – “Planting the Seeds” Budget: $110,000 Expense: $113,446 Installation: 2017 Location: Merriam Marketplace About: Artist Christopher Weed The three mirrored spheres suggest large sprouting seeds, which speaks to the City of Merriam and the Marketplace where the community congregates to buy locally grown produce, but also to celebrate and reflect upon the values and sacrifices that this community and communities afar have endured for freedom. Project #3 – “Hmmm” Budget: $110,000 Expense: $106,054 Installation: 2019 Location: Waterfall Park About: Artist Joshua Wiener This piece is a playful exploration of place- making and identity. The caterpillar is mistaking the cairn as another caterpillar and then seeing its future as a butterfly. The cairn provides a nod to Merriam’s history settling this area and the caterpillar and butterfly represent the transformation that’s happened over time. Project #4 – City Hall Exterior Budget: $300,000 Public Art Funded Portion: $213,018 Installation: Planned for 2022 About: Design by Clarke Enersen Partners The Art Committee determined the final project should be the redesign of the City Hall exterior and suggested the balance of the $565k budget go to this project. MCC – “Bask” Expense: $334,449* Installation: 2021 Location: Merriam Community Center About: Artist: Blessing Hancock The artwork was designed to engage the community using language collected from the public, designed as an abstraction of community interests with contemporary interactive elements. *Bask was fully allocated to the Community Center project budget. Questions? CIT Y OF MERRIAM, K ANSAS MONTHLY FINANCIAL REPORT September 2021 Finance Department City of Merriam, KS Monthly Financial Report - Executive Summary September 2021 Revenues Current Month YTD YTD Over/(Under) Various Funds: Actual Actual Budget YTD Budget 1% City Sales Tax $ 847,071 $ 5,214,918 $ 4,268,602 $ 946,316 1/4% City Sales Tax-Storm/Street 219,077 1,344,994 1,067,151 277,844 1/4% City Sales Tax-Rec. Facilities 219,077 1,344,994 1,067,151 277,844 City Use Tax 108,336 684,925 447,451 237,474 County Sales Taxes - All 211,825 1,343,374 1,176,177 167,197 Real Property Taxes - Gen Fund $ 75,553 $ 4,558,558 $ 4,634,960 $ (76,402) Transient Guest Tax - 164,669 214,625 (49,956) Franchise Fees 113,088 997,672 985,844 11,828 Court Fines 83,420 775,286 675,000 100,286 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 $ 691,193 $ 803,650 $ (112,457) $ 6,250,301 $ 7,232,854 $ (982,553) Contractual Services: OP Fire Services - 237,558 (237,558) 1,133,066 2,138,021 (1,004,955) Utilities 49,994 53,758 (3,764) 450,420 483,820 (33,400) Legal 3,178 5,500 (2,323) 21,027 49,500 (28,474) Property Maint 106,181 77,798 28,382 565,518 700,186 (134,668) Specific Contractual* 10,906 37,554 (26,648) 205,323 337,985 (132,662) Other Contractual 60,543 90,549 (30,006) 605,965 814,940 (208,975) Commodities: Gasoline/Diesel Fuel 9,167 12,954 (3,788) 66,179 116,588 (50,409) Other Commodities 46,070 54,544 (8,474) 365,382 490,898 (125,516) *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:  July 2021 1% and ¼% City sales tax collections are 28.15% (+$312,572) higher than the prior year. o Auto sales are 41.64% more than prior year actual. o Merriam Town Center/Johnson Drive sales are 4.83% higher than prior year actual o Other categories are 23.77% more than prior year actual.  Year-to-date 2021 1% and ¼% City sales tax collections are 29.95% (+$1,979,869) higher than prior year. o Auto sales are 40.03% more than prior year actual. o Merriam Town Center/Johnson Drive sales are 18.43% more than prior year actual o Other categories are 19.30% more than prior year actual. City of Merriam, KS Monthly Financial Report - Executive Summary September 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 June Public Works – excavator $31,231 July Police – 2021 Dodge Durango SUV $31,715 August Police – equipment for 2021 Dodge Durango SUV $13,528 Public Works – traffic signal cabinet – Antioch/555th St. $6,182 September None $0 Cash and Investment Balances FHLB = Federal Home Loan Bank $ 3,085,000.00 8% FHLMC = Federal Home Loan Mortgage Corp. 5,250,000 15% FNMA = Federal National Mortgage Assn. 1,000,000 3% FFCB = Federal Farm Credit Bank 17,750,000 51% US Treasury Bills 3,640,000 10% Municipal Bonds 2,250,000 7% TD Ameritrade MMA 2,902 1% Total Investments 32,977,902 95% US Bank Cash Account 1,870,909 5% Total Cash plus Investments $ 34,848,811 100% City of Merriam, KS Monthly Financial Report - Executive Summary September 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: $1,155,000 is the current balance for the Series 2012 and $13,500,000 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: $226 million per Johnson County Clerk as of June 15, 2021 Question: How much of the City’s assessed property valuation is for Residential, Commercial, and Other? Answer: $101 million or 45% for Residential (including apartments); $118 million or 52% for Commercial; $7 million or 3% 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 vs 2019 $9,000,000 $8,000,000 Other Sales Tax, $1,509,408 18% $7,000,000 Other Auto, $511,982 6% Telecom/Utilities, $289,233 3% Other Sales Tax, Other Sales Tax, $6,000,000 Johnson Drive Retail, $1,226,731 18% $768,973 13% $1,449,754 Other Auto, $413,667 6% 17% Other Auto, $445,037 7% Telecom/Utilities, $193,488 3% $5,000,000 Telecom/Utilities, $265,060 4% Johnson Drive Retail, Johnson Drive Retail, $1,452,353 $4,000,000 $1,224,151 22% 19% $3,000,000 Automobiles, $4,829,455 Automobiles, $2,000,000 56% Automobiles, $3,664,535 $3,448,982 56% 52% $1,000,000 $- YTD 2021 YTD 2020 YTD 2019 CITY SALES & USE TAXES * (Regular 1.50% effective Jan. 1, 2018, 1.25% prior years) Through: September 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 1,332,840 678,068 852,229.23 May/Jul 931,163 858,245 1,025,175 1,127,238 914,993 1,255,000 340,007 971,362.79 Jun/Aug 865,511 895,143 1,088,415 981,803 1,246,100 1,257,815 11,715 1,015,394.31 Jul/Sep 927,803 911,673 1,028,566 1,156,685 1,066,462 1,393,560 327,098 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 8,589,831 1,979,869 11,353,008 YTD 2016 2017 2018 2019 2020 2021 September 2021 5,984,493 5,809,294 7,053,340 6,927,477 6,609,963 8,589,831 Average Collections Between 2016-2020 $ 11,353,008 Budgeted 2021 11,743,464 Estimate Based on Current Collection Rate 14,725,425 Over/(Under) at Current Collection Rate $ 2,981,961 * 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) $8,500,000 $7,500,000 $6,500,000 $5,500,000 $4,500,000 $3,500,000 $2,500,000 $1,500,000 $500,000 2016 2017 2018 2019 2020 2021 JOHNSON COUNTY SALES/USE TAX AND PUBLIC SAFETY TAXES * (Total City Share is 1.25%) Through: September 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 141,130 157,071 171,127 165,807 153,599 197,500 43,901 157,747 May/Jul 136,074 168,652 179,056 182,514 164,589 200,519 35,930 166,177 Jun/Aug 150,786 181,983 185,132 176,338 192,327 197,612 5,285 177,313 Jul/Sep 150,089 172,667 166,088 181,055 168,081 211,825 43,744 167,596 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 1,343,374 204,735 1,984,333 YTD 2016 2017 2018 2019 2020 2021 September 2021 984,160 1,098,262 1,193,896 1,169,346 1,138,639 1,343,374 Average Collections Between 2016-2020 $ 1,984,333 Budgeted 2021 2,016,304 Estimate Based on Current Collection Rate 2,302,927 Over/(Under) at Current Collection Rate $ 286,623 * The County special "courthouse" 0.25% tax, effective April 1, 2017, will expire March 31, 2027. All other County taxes have no sunset date. September 2021 REVENUE SUMMARY BY FUND Fund YTD Monthly YTD % Number Revenues Budget/Est. Actual Collections Balance Budget/Est. 001 General Fund $ 19,577,129 $ 14,926,267 $ 1,810,138 $ 4,650,862 76.24% 201 Special Highway Fund 253,420 170,931 510 82,489 67.45% 202 Special Alcohol Fund 27,283 17,255 6,718 10,028 63.25% 203 Special Park & Rec 27,283 17,293 6,733 9,990 63.39% 204 Transient Guest Tax 502,750 209,174 8,864 293,576 41.61% 221 Risk Management Reserve 19,985 6,980 1,110 13,005 34.93% 222 Equipment Reserve Fund 640,000 490,426 69,959 149,574 76.63% 301 Capital Improvement Fund 5,412,320 769,054 303 I-35 District CIP Fund 6,155 429 401 Bond and Interest Fund 3,229,038 2,143,032 230,975 1,086,006 66.37% 403 TIFB-I35 District 4,326,135 (8,852) 702 Special Law Enforcement-State/Local - - 703 Property Forfeiture Fund 10,425 - 704 Grant Fund 1,403 - TOTAL $ 24,276,888 $ 27,737,795 $ 2,895,638 $ 6,295,530 Average Rate of Sales Tax Collections Should Be: 58.33% Average Rate of Other Collections Should Be: 75.00% September 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 $ 14,295,798 $ 1,523,467 $ 459,576 $ 4,635,557 76.09% 201 Special Highway Fund 330,000 5,736 1,107 16,697 307,567 6.80% 202 Special Alcohol Fund 27,000 20,000 - - 7,000 74.07% 203 Special Park & Rec 60,000 59,766 263 - 234 99.61% 204 Transient Guest Tax 537,913 332,861 49,162 6,245 198,807 63.04% 221 Risk Management Reserve 30,000 (35,622) 2,124 31,715 33,907 -13.02% 222 Equipment Reserve Fund 691,093 149,400 630 26,695 514,998 25.48% 301 Capital Improvement Fund 2,535,702 36,835 730,477 303 I-35 District CIP Fund 152,283 49,800 140,858 401 Bond and Interest Fund 3,220,475 3,220,475 2,820,238 - - 100.00% 403 TIFB-I35 District 1,292,064 - - 702 Special Law Enforcement-State/Local 15,561 1,507 - 703 Property Forfeiture Fund - - - 704 Grant Fund 1,403 - TOTAL $ 24,287,411 $ 22,045,426 $ 4,485,132 $ 1,412,263 $ 5,698,069 Average Expenditure Rate Should Be: 75.00% * Excludes budgeted reserves and contingencies September 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 $ 54,518 54.14% $ 62,368 $ (7,850) Administration 1,286,151 923,002 71.76% 926,715 (3,714) Municipal Court 386,354 249,213 64.50% 232,819 16,394 Info Services 556,966 375,892 67.49% 388,592 (12,700) General Overhead General 496,955 264,122 53.15% 193,269 70,853 Utilities 608,200 448,135 73.68% 166,923 281,212 Property Maintenance 549,784 332,852 60.54% 176,887 155,965 Risk Management 230,000 207,562 90.24% 177,960 29,602 Legal 71,900 23,635 32.87% 36,731 (13,096) Employee Benefits 61,640 21,760 35.30% 17,733 4,027 Fleet Maintenance 296,985 135,700 45.69% n/a n/a Interfund Transfers 2,701,544 4,249,688 157.31% 3,746,081 503,606 Contingency Usage * 25,000 - 0.00% - - Police 4,156,162 2,920,503 70.27% 2,931,568 (11,065) Fire 2,910,889 1,157,905 39.78% 1,182,122 (24,217) Public Works 2,289,336 1,413,392 61.74% 1,428,580 (15,188) Culture & Rec - Parks 52,003 13,976 26.88% 65,828 (51,852) Culture & Rec - Comm Ctr 1,775,571 978,328 55.10% 677,362 300,966 Community Dev 800,550 525,614 65.66% 551,326 (25,712) Total General Fund $ 19,356,681 $ 14,295,798 73.85% $ 12,962,865 $ 1,197,232 Average Expenditure Rate Should Be: 75.00% * Excludes budgeted reserves and contingencies INVESTMENT REPORT Investment Listing by Maturity Date 9/30/2021 Purchase Par Maturity Monthly Fund Type Location Date Amount Date Yield Subtotal 301/901 Treasury MMA TD Ameritrade 09/01/16 $ 337,302 N/A 0.010% $ 2,902 301 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% 301 AGENCY-FHLMC TD Ameritrade 07/28/21 2,000,000 01/13/22 0.046% $ 2,500,000 222/301 TBILL Country Club 08/12/21 650,000 02/10/22 0.047% 301 TBILL Country Club 08/17/21 500,000 02/10/22 0.047% $ 1,150,000 222/301 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% $ 2,000,000 301 AGENCY-FFCB TD Ameritrade 07/28/21 2,000,000 05/16/22 0.066% $ 2,000,000 301 AGENCY-FHLB TD Ameritrade 06/11/21 750,000 06/10/22 0.070% $ 750,000 901 AGENCY-FFCB TD Ameritrade 08/19/21 2,000,000 08/19/22 0.074% $ 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% 901 AGENCY-FFCB TD Ameritrade 06/16/21 1,000,000 09/16/22 0.082% 301 AGENCY-FFCB TD Ameritrade 12/22/20 1,000,000 09/22/22 0.120% $ 3,765,000 301 AGENCY-FHLMC TD Ameritrade 08/13/21 2,500,000 11/23/22 0.078% $ 2,500,000 301 MUNICIPAL BOND TD Ameritrade 05/07/20 235,000 12/01/22 1.050% $ 235,000 901 AGENCY-FFCB TD Ameritrade 01/13/21 500,000 01/13/23 0.160% 301 AGENCY-FFCB TD Ameritrade 07/23/21 1,000,000 01/23/23 0.155% 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% $ 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% 301 AGENCY-FFCB TD Ameritrade 06/23/21 1,000,000 03/23/23 0.180% $ 2,500,000 301 AGENCY-FHLMC TD Ameritrade 06/30/21 750,000 04/20/23 0.197% $ 750,000 301 AGENCY-FFCB TD Ameritrade 08/17/21 2,000,000 05/17/23 0.187% $ 2,000,000 901 AGENCY-FFCB TD Ameritrade 08/26/21 1,500,000 06/26/23 0.207% $ 1,500,000 301 AGENCY-FHLB TD Ameritrade 08/18/21 750,000 08/18/23 0.250% $ 750,000 Weighted Yield 0.171% $ 32,977,902 Upcoming City Council Schedule ▶ October 31st – Mayor Sissom resigns ▶ November 1 – Council President Bob Pape becomes the Mayor; creates a vacancy in st Ward 4 and Council President ▶ November 2 nd – General Election ▶ November 8 th - City Council Meeting ▶ Notice of Vacancy in Ward 4 announced which triggers a 30-day period for interested parties to submit letters of interest ▶ City Council elects a new Council President to serve until January – this should be someone that is not ending their term in December ▶ November 22 – City Council Meeting ▶ December 7 – Deadline for interested Ward 4 candidates to submit letters of interest ▶ December 13 – City Council Meeting ▶ New Governing Body sworn in ▶ New City Council interviews and select new Ward 4 Councilmember to serve remaining 2-yrs of term ▶ December 27 – City Council Meeting CANCELLED ▶ January 10 or 24 – City Council Meeting ▶ City Council elects a Council President to new 2-yr term CITY COUNCIL SUGGESTED MOTIONS FOR YOUR CONSIDERATION CONSENT AGENDA 1. Move that the council approve Consent Agenda Item 1 MAYOR’S REPORT 1. Move that the council confirm the reappointment of Leah Ann McCormick and Cole Stephens to the Planning Commission for the terms expiring December 31, 2024. 2. Move that the council confirm the reappointment of Cole Stephens and Joseph Kronawitter to the Board of Zoning Appeals for the terms expiring December 31, 2024. 3. Move that the council confirm the reappointment of Ruben Cozmyer to the Board of Structure Appeals for the term expiring December 31, 2024. 4. Move that the council confirm the reappointment of Tony Scott, Kathy Stull and Staci Chivetta to the Parks and Recreation Board for the terms expiring December 31, 2023. COUNCIL ITEMS 1. Move that the council approve an ordinance amending Chapter 14 of the Merriam Code of Ordinances regulating mobile food vendors. 2. Move that the council approve a resolution canceling the December 26, 2022, City Council Meeting. 3. No motion. 4. No motion. 5. No motion. STAFF ITEMS 1. No motion. EXECUTIVE SESSION

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