MERRIAM CITY COUNCIL AGENDA CITY HALL 9001 WEST 62 ND STREET March 11, :00 P.M.

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1 MERRIAM CITY COUNCIL AGENDA CITY HALL 9001 WEST 62 ND STREET March 11, :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 no later than 24 hours prior to the beginning of the meeting. I. CALL TO ORDER - PLEDGE OF ALLEGIANCE II. III. ROLL CALL 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. 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 or citizen so requests, in which case that item will be removed from the Consent Agenda and considered separately. 1. Consider approval of the minutes of the City Council meeting held February 25, V. MAYOR S REPORT VI. COUNCIL ITEMS A. Finance and Administration 1. Consider approval of an ordinance amending sections of the Merriam City Code concerning alcoholic liquor and cereal malt beverages (CMBs). (first reading) 2. Police Department Annual Report. 3. Community Center Update. 4. Monthly Finance Report. B. Community Development/Public Works/CIP 1

2 1. Consider the approval of purchases necessary to install 92 residential and decorative streetlights. 2. CIP Update. VII. VIII. IX. STAFF ITEMS NEW BUSINESS EXECUTIVE SESSION X. ADJOURNMENT Respectfully submitted, Juliana Pinnick Juliana Pinnick City Clerk 2

3 City Council Minutes February 25, 2019 MERRIAM CITY COUNCIL MINUTES CITY HALL 9001 WEST 62 ND STREET February 25, :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 Al Frisby Chris Evans Hands Bryan Knaff David Neal Bob Pape Nancy Hupp and Robert Weems were absent. Staff present: Chris Engel, City Administrator; Kevin Bruemmer, Public Works Director; Nicole Proulx Aiken, City Attorney; Mike Daniels, Police Chief; Anna Slocum, Parks and Recreation Director; Cindy Ehart, Finance Director; Bryan Dyer, Community Development 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. Dolores Dupree, 5831 Merriam Dr. addressed the council regarding light pole banners to honor veterans. She distributed some information to the council depicting examples of the banners. She has made an inquiry to the Parks and Recreation Director about this idea and was directed to bring it to the council. She commented that she has gotten a lot of positive feedback from people. She is unsure of the cost and hopes the city council would be able to look into this and see if it might be feasible. IV. CONSENT AGENDA 1

4 City Council Minutes February 25, 2019 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 or citizen so requests, in which case that item will be removed from the Consent Agenda and considered separately. 1. Consider approval of the minutes of the City Council Meeting held February 11, Consider accepting the dedication of easements and right-of-way shown on the Merriam Kincaid 1 st Plat. 3. Consider acceptance and approval of final payment to Freeman Concrete Construction, LLC for the 2018 CARS Project (Johnson Drive west city limits to Kessler Ln.). 4. Consider approval of an interlocal agreement between the City of Shawnee and City of Merriam for the 2019 Mill and Overlay of Switzer Rd. COUNCILMEMBER HANDS MOVED THAT THE COUNCIL APPROVE CONSENT AGENDA ITEMS 1-4. COUNCILMEMBER NEAL SECONDED AND THE MOTION WAS UNANIMOUSLY APPROVED. V. PLANNING COMMISSION VI. MAYOR S REPORT 1. Consider the approval of the resignation of Ward 1 Councilmember Robert Weems. Mayor Sissom commented that he has received the written resignation from Councilmember Weems. He has moved out of Merriam and is therefore no longer eligible to serve as councilmember. There is a process for filling the vacancy and asked City Administrator Chris Engle to explain that process. Mr. Engel commented that tomorrow the vacancy will be announced and advertised through our various communication channels for 30 days; March 27 th at 4:30 pm will be the deadline for applicants. During that time residents of Ward 1 interested in the council position may submit their letter of interest and statement of qualifications. After the close of the submittal period the council will interview all potential candidates at a city council meeting. This will likely occur at the April 8 th or April 22 nd City Council meeting. After interviews the council will 2

5 City Council Minutes February 25, 2019 vote for on the candidate to fill the position. The information provided by each candidate will be part of that meeting s agenda packet and the interviews and voting will all occur in the open meeting as part of our public process. COUNCILMEMBER DIEBOLD MOVED THAT THE COUNCIL APPROVE THE RESIGNATION OF WARD 1 COUNCILMEMBER ROBERT WEEMS. COUNCILMEMBER PAPE SECONDED AND THE MOTION WAS UNANIMOUSLY APPROVED. VII. COUNCIL ITEMS A. Finance and Administration 1. Consider approval of the Goals and Objectives. City Administrator Chris Engel presented the background for this item. Staff facilitates an annual review and update of long-range goals by the Governing Body. The goals are refined into specific objectives and initiatives to provide specific direction toward the larger goal. Input from the Governing Body was solicited in January and the intent of all submissions is incorporated into the proposed goals. The only significant change from the prior year was removal of an objective to Monitor LED light project for efficiency. While LED lights do provide an energy savings, recouping the cost to convert existing streetlights would require nearly 20 years. Staff refers to the goals and objectives when establishing budgets and making operational decisions. They are published in the formal budget document to demonstrate the City s planning and goal setting process. The Goals and Objectives were presented at the February 11 th City Council meeting and staff asked for council feedback prior to this meeting. There was a late submission added to the Goals and Objectives, after the Agenda Packet went out which is Explore the utilization of additional newer cost-effective online platforms designed to gain more timely insight into public sediment about key issues facing the City. An updated list including this item was provided to the council. COUNCILMEMBER MOVED THAT THE COUNCIL APPROVE THE GOALS AND OBJECTIVES INCLUDING THE 3

6 City Council Minutes February 25, 2019 ADDITIONAL ITEM. COUNCILMEMBER SECONDED AND THE MOTION WAS UNANIMOUSLY APPROVED. 2. Consider approval of a budget adjustment for the Police Department for mental health co-responder program. Captain Todd Allen provided the background for this item. In 2018, 9 Northeast Johnson County police departments started a project with Johnson County Mental Health to provide better mental health services to our citizens. This program was helpful, but the need for all 9 cities proved to be very difficult to manage. The cities of Leawood, Prairie Village and Mission Hills decided that they needed a Mental Health Co-Responder of their own and separated from the Northeast group. This left 7 cities; Merriam, Mission, Roeland Park, Fairway, Westwood, Westwood Hills, and Mission Woods that are served by 5 police departments all with a need for a Mental Health Co-Responder. The Amendment designates Merriam as the host site for the Co-Responder Project and that we provide office space and a portable police radio for the Co-Responders use. The amendment also adjusts the percent of cost to be paid by each of the remaining cities by population. The costs are allocated by city population. Merriam s portion of the cost is $32,194. Captain Allen presented information regarding the Mental Health Coresponder program. COUNCILMEMBER FRISBY MOVED THAT THE COUNCIL APPROVE A BUDGET ADJUSTMENT FOR THE POLICE DEPARTMENT FOR MENTAL HEALTH CO-RESPONDER. COUNCILMEMBER PAPE SECONDED AND THE MOTION WAS UNANIMOUSLY APPROVED. COUNCILMEMBER HANDS MOVED THAT THE COUNCIL AUTHORIZE THE MAYOR AND CITY ATTORNEY TO SIGN THE AMENDED MEMORANDUM OF UNDERSTANDING FOR THE MENTAL HEALTH CO-RESPONDER PROGRAM. COUNCILMEMBER NEAL SECONDED AND THE MOTION WAS UNANIMOUSLY APPROVED. B. Community Development/Public Works/CIP 1. Presentation of residential code violations data. Community Development Director Bryan Dyer presented residential code violation data. The data was compiled through the Citizenserve software that was implemented two years ago. 4

7 City Council Minutes February 25, 2019 The top code violations for the past two years is tall weeds and grass followed by unauthorized storage of boats, trailers and campers; outside storage of inoperable vehicles; and failure to remove dead trees and/or brush/limb piles are all non-structural violations that do not involve the residence. This suggests that, on the whole, Merriam s housing stock is well maintained. Comparing the data between the two years shows no significant changes between the years. The number of residential violations are similar with 665 in 2017 and 757 violations in The data depicted 4 neighborhood areas of the city and code violations within each of the 4 areas. The areas are not voting ward boundaries but are comprised of areas that have been delineated by the police department that they use for crime mapping and enforcement target areas. The value of using the same areas as the police and other department is to compare data collected through various city departments to determine if there are particular areas of the city that may need additional city resources. 2. Community Development Update. Community Development Director Bryan Dyer provided the following updates: The approval of the plat on the consent agenda was for DS bus lines. They are wanting to expand a building on their site and will also be submitting full site development plan as they have recently acquired the former Williker Tow and will be working to consolidate all the properties they own into one plan. Freddy s Frozen Custard has submitted a building permit application for their Merriam store. Reed Automotive has purchased the Hyundai dealership and the vacant lot to the north of the dealership. Both lots have been re-platted to one and now Reed Automotive has submitted a request to re-divide into two lots again. While they have not indicated anything to the city, our hope would be that they will secure an additional dealership for that vacant parcel. 5

8 City Council Minutes February 25, 2019 The vacant lot to the south of Hyundai also known as the drainage area owned by Infiniti has been impacted by the weather this winter. They are behind schedule getting that site into a buildable lot. The 2018 Building Code updates are being worked on by staff and other Building Officials across Johnson County. Once they work through the changes, staff anticipates bringing it before council to adopt those codes. VIII. STAFF ITEMS City Administrator Chris Engel commented that the 5701 Merriam Dr. Committee has made a selection for a facilitator. The firm Collins-Noteis & Associates (CNA) was the choice of the committee. One on One interviews are going on with some committee members in an effort to develop the Scope of Services for the contract. This is a budgeted expenditure within the City Administrator s authority to execute the contract. The State of the Counties luncheon will be held on March 26 th at 11:30 am. Councilmembers should let Mr. Engel know if they would like to attend. An additional reminder will be sent to councilmembers. VII. IX. NEW BUSINESS EXECUTIVE SESSION X. COUNCILMEMBER HANDS MOVED THAT THE COUNCIL RECESS INTO EXECUTIVE SESSION TO DISCUSS LEGAL MATTERS WITH THE CITY ATTORNEY AS JUSTIFIED BY K.S.A (B)(2), WHICH PERMITS CONSULTATION WITH AN ATTORNEY ON MATTERS THAT WOULD BE DEEMED PRIVILEGED IN AN ATTORNEY-CLIENT RELATIONSHIP. PRESENT WILL BE THE GOVERNING BODY, CITY ATTORNEY AND CITY ADMINISTRATOR, THE OPEN MEETING WILL RESUME IN THE COUNCIL CHAMBERS AT 8:25 PM. COUNCILMEMBER PAPE SECONDED AND THE MOTION WAS UNANIMOUSLY APPROVED. XI. ADJOURNMENT THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE COUNCIL, COUNCILMEMBER HANDS MOVED TO ADJOURN AT 8:25 PM. COUNCILMEMBER PAPE SECONDED AND THE MOTION WAS UNANIMOUSLY APPROVED. 6

9 City Council Minutes February 25, 2019 Respectfully submitted, Juliana Pinnick Juliana Pinnick City Clerk 7

10 AGENDA ITEM: SUBMITTED BY: MEETING DATE: March 11, 2019 AGENDA ITEM INFORMATION FORM Consider a first reading of an ordinance amending sections of the Merriam City Code concerning alcoholic liquor and cereal malt beverages (CMBs). Nicole Proulx Aiken, city attorney PROJECT BACKGROUND/DESCRIPTION: Effective April 1, 2019, state law will allow: CMB retailers, such as convenience stores, to sell beer containing up to 6% alcohol by volume; and Alcoholic liquor retailers to sell CMB. This ordinance amends sections of the Merriam Code concerning alcoholic liquor and CMBs to align with the new state law. If approved by the council, the ordinance will take effect on April 1, The police chief and city prosecutor reviewed this ordinance. CITY COUNCIL GOALS AND OBJECTIVES Enhance Community Identity and Connections & Maintain Economic Vitality FINANCIAL IMPACT Amount of Request/Contract: Amount Budgeted: Funding Source/Account #: SUPPORTING DOCUMENTS Redline version of ordinance ACTION NEEDED/STAFF RECOMMENDATION Staff recommends a first reading of an ordinance amending sections of the Merriam Code concerning alcoholic liquor and CMBs.

11 AN ORDINANCE AMDENDING CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF MERRIAM, KANSAS CONCERNING ALCOHOLIC BEVERAGES; AMENDING SECTIONS 5-1, 5-5, 5-38, 5-45, 5-47, 5-48, 5-50, 5-52, 5-54, AND 5-80; AND REPEALING THE SECTIONS HEREBY AMENDED. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MERRIAM, KANSAS: SECTION 1. That section 5-1 of the Code of Ordinances, City of Merriam, Kansas, is hereby amended to read as follows: Sec Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alcoholic liquor means alcohol, spirits, wine, beer, and alcoholic candy (as those terms are defined in K.S.A and amendments thereto), and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by a human being, but shall not include cereal malt beverage (CMB). Alcoholic liquor retailer means a person who is licensed under the Kansas liquor control act, K.S.A et seq., and Article III of this chapter who sells at retail, or offers for sale at retail, alcoholic liquors or cereal malt beverages. "Alcoholic liquor retailer" does not include a microbrewery, microdistillery or a farm winery. Beer means a beverage, containing more than 3.2% alcohol by weight, obtained by alcoholic fermentation of an infusion or concoction of barley, or other grain, malt and hops in water and includes beer, ale, stout, lager beer, porter, and similar beverages having such alcoholic content. Caterer means an individual, partnership or corporation licensed pursuant to K.S.A et seq. which sells alcoholic liquor by the individual drink, and provides services relating to the serving thereof, on unlicensed premises which may be open to the public, but does not include a holder of a state or local temporary permit, selling alcoholic liquor in accordance with the terms of such permit. Cereal malt beverage (CMB) means any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute or any flavored malt beverage, as defined herein, but does not include any such liquor which is more than 3.2 percent alcohol by weight. Class A club means a premises licensed pursuant to K.S.A et seq. and which is owned or leased by a corporation, partnership, business trust or association and which is operated thereby as a bona fide nonprofit social, fraternal or war veterans' club, as determined by the director of alcoholic beverage control of the state department of revenue, for the exclusive use of the corporate stockholders, partners, trust beneficiaries or associates (hereinafter referred to as members) and their families and guests accompanying them. Class B club means a premises licensed pursuant to K.S.A et seq. and which is operated for profit by a corporation, partnership or individual, to which members of such club may resort for the consumption of food or alcoholic beverages and for entertainment. Club or private club means a class A or class B club. Club and Drinking Establishment Act means the provisions of K.S.A et seq. and any amendments thereto.

12 Distributor means the person importing or causing to be imported into the state or purchasing or causing to be purchased within the state, alcoholic liquor for sale or resale to retailers licensed under this chapter and the Kansas liquor control act or CMB for sale or resale to retailers licensed under this chapter and K.S.A , and amendments thereto. Domestic beer means beer which contains not more than 15 percent alcohol by weight and which is manufactured in this state. Domestic fortified wine means wine which contains more than 14 percent, but not more than 20 percent alcohol by volume and which is manufactured in this state. Domestic table wine means wine which contains not more than 14 percent alcohol by volume and which is manufactured without rectification or fortification in this state. Drinking establishment means premises licensed pursuant to K.S.A et seq. and that may be open to the general public, where alcoholic liquor by the individual drink is sold. "Drinking establishment" includes a railway car. Farm winery means a winery licensed by the director of alcoholic beverage control of the state department of revenue to manufacture, store and sell domestic table wine and domestic fortified wine. Flavored malt beverage shall have the meaning set forth in K.S.A Supp. 41, 2729 ( ) and amendments thereto. Food means any raw, cooked or processed edible substance or ingredient, other than alcoholic liquor or CMB, used or intended for use or for sale, in whole or in part, for human consumption. General CMB retailer is a person who is licensed under the Kansas cereal malt beverage act, as that act is defined in K.S.A , and Article II of this chapter with a license to sell cereal malt beverages (CMBs) or beer containing not more than 6% alcohol by volume at retail only for consumption on the licensed premises. Hard cider means any alcoholic beverage that: (1) contains less than 8.5 percent alcohol by volume; (2) has a carbonation level that does not exceed 6.4 grams per liter; and (3) is obtained by the normal alcoholic fermentation of the juice of sound, ripe apples or pears, including such beverages containing sugar added for the purpose of correcting natural deficiencies. Legal age for consumption of cereal malt beverages means 21 years of age, except that "legal age for consumption of CMB" means 18 years of age if at any time the provisions of P.L penalizing states for permitting persons under 21 years of age to consume CMB are repealed or otherwise invalidated or nullified. Limited CMB retailer is a person who is licensed under the Kansas cereal malt beverage act, as that act is defined in K.S.A , and Article II of this chapter with a license to sell CMBs or beer containing not more than 6% alcohol by volume at retail only in original and unopened containers and not for consumption on the premises. Manufacture means to distill, rectify, ferment, brew, make, mix, concoct, process, blend, bottle or fill an original package with any alcoholic liquor, beer or CMB. Manufacturer means every brewer, fermenter, distiller, rectifier, wine maker, blender, processor, bottler or person who fills or refills an original package and others engaged in brewing, fermenting, distilling, rectifying or bottling alcoholic liquor, beer or CMB. "Manufacturer" does not include a microbrewery, microdistillery or a farm winery. Microbrewery means a brewery licensed by the director of alcoholic beverage control of the state department of revenue to manufacture, store and sell domestic beer and hard cider.

13 Microdistillery means a facility which produces spirits from any source or substance that is licensed by the director of alcoholic beverage control of the state department of revenue to manufacture, store and sell spirits. Minor means a person under 21 years of age. Morals charge means a charge involving the sale of sexual relations; procuring any person; soliciting of a child under 18 years of age for any immoral act involving sex; possession or sale of narcotics, marijuana, amphetamines or barbiturates; rape; incest; gambling; illegal cohabitation; adultery; bigamy; or a crime against nature. Nonprofit, religions, charitable, fraternal, educational, or veterans' organization shall have those meanings as ascribed and defined in K.S.A Original package means any bottle, flask, jug, can, cask, barrel, keg, hogshead or other receptacle or container whatsoever, used, corked or capped, sealed and labeled by the manufacturer of alcoholic liquor, to contain and to convey any alcoholic liquor. Original container does not include a sleeve. Place of business means any place where alcoholic liquor or CMBs are sold. at which CMBs or beer containing not more than 6% alcohol by volume are sold. Premises means the specific area described in the license application and approved as the location upon which the CMB or alcoholic liquor may be sold or consumed under the license. Railway car means a locomotive drawn conveyance used for the transportation and accommodation of human passengers that is confined to a fixed rail route and which derives from sales of food for consumption on the railway car not less than 30 percent of its gross receipts from all sales of food and beverages in a 12-month period. Sale means any transfer, exchange or barter in any manner or by any means whatsoever for a consideration, and includes all sales made by any person, whether principal, proprietor, agent, servant or employee. School means any institution of learning, whether public or private. This definition includes, but is not limited to, a primary school, secondary school, trade school, college and university. Sell at retail and sale at retail mean sales for use or consumption and not for resale in any form and sales to clubs, licensed drinking establishments, licensed caterers or holders of temporary permits. "Sell at retail" and "sale at retail" do not refer to or mean sales by a distributor, a microbrewery, a farm winery, a licensed club, a licensed drinking establishment, a licensed caterer or a holder of a state or local temporary permit. Sleeve means a package of two or more 50-milliliter (3.2-fluid-ounce) container of spirits. Special event means a picnic, bazaar, festival or other similar community gathering, which has been approved by the city council. State temporary permit means a temporary permit issued by this state pursuant to K.S.A , and amendments thereto and does not mean a local temporary alcoholic liquor permit or local CMB special event retailer's permit issued by the city pursuant to article VII of this chapter. To sell means to solicit or receive an order for, to keep or expose for sale and to keep with intent to sell. SECTION 2. That section 5-5 of the Code of Ordinances, City of Merriam, Kansas, is hereby amended to read as follows:

14 Sec Standards of conduct. It is unlawful for any licensee or permit holder under this chapter to: (1) Allow, without preventing or suppressing, any violent quarrel, disorder, brawl, fight or other unlawful conduct of any person on the premises. As used in this section, the term "premises" includes the licensed premises and the parking lots and areas around the business which are owned, maintained or used as part of the business. (2) Fail to immediately report to the police any illegal or violent act committed on the premises when the licensee or permit holder, or employee thereof, knew or should have known that the act occurred on the premises. (3) Fail to cooperate fully with law enforcement authorities during an investigation of an illegal or violent act committed on the premises. (4) Operate the business in such a manner that it constitutes a nuisance. (5) Fail to take appropriate and necessary steps to supervise the outdoor area of the premises including keeping the area free from litter and preventing the parking area from becoming a gathering place for customers of the business. (6) Fail to produce, upon request or demand during regular business hours by any police officer of the city, for inspection, copying or other purposes consistent with the provisions of this chapter, a list which correctly reflects the names, addresses and ages of all persons employed by the licensee or permit holder at that place of businesspremises, and of all persons who are owners of such place of businesslicensed premises, on the date upon which such request or demand is made. (7) Fail to comply with all provisions of this chapter and this Code. (8) Fail to prominently post the occupancy of the licensed premises. SECTION 3. That section 5-38 of the Code of Ordinances, City of Merriam, Kansas, is hereby amended to read as follows: Sec License required. (a) (b) (c) (d) (e) It is unlawful for any person to sell any CMB or beer containing not more than 6% alcohol by volume at retail without having in such person's possession a valid, unexpired, unrevoked license issued by the city for the place of business at which such sales are made. A license to sell CMBs or beer containing not more than 6% alcohol by volume is issued for the calendar year and shall expire at the end of the calendar year for which it was issued. It is unlawful for any person licensed as a "limited CMB retailer" under this article to sell any CMB or beer containing not more than 6% alcohol by volume in any manner other than in the original and unopened containers and not for consumption on the premises. It is unlawful for any person licensed as a "general CMB retailer" under this article to sell any CMB or beer containing not more than 6% alcohol by volume for consumption off the premises. The license required hereunder shall be in addition to any other license required for the operation of any other business conducted on the same premises. SECTION 4. That section 5-45 of the Code of Ordinances, City of Merriam, Kansas, is hereby amended to read as follows:

15 Sec Distance requirements. (a) (b) (c) (d) In addition to the provisions set forth in section 5-2, no license for the sale of CMBs or beer containing not more than 6% alcohol by volume shall be issued to any person whose proposed place of business is within 500 feet of any school, church, hospital building, library or daycare center; except that if any such school, church, hospital, library or daycare center is established within 500 feet of any licensed premises after the premises have been licensed, such premises shall be an eligible location for a CMB license. The distance limitation of subsection (a) of this section shall not apply to any establishment holding a CMB license in business and operating on December 7, 1987; provided, however, that the foregoing exception shall cease in the event such establishment discontinues or has discontinued the sale of CMBs and beer containing not more than 6% alcohol by volume for a continuous period of 180 days, or its license is revoked or not renewed prior to its expiration. The distance set out in subsection (a) of this section shall be measured in a straight line from the building sought to be licensed to the nearest property line of any school, library or daycare center, and in a straight line from the building sought to be licensed to the actual church or hospital building. The distance limitation of subsection (a) of this section shall not apply to any establishment holding a license if the licensee has petitioned for and received a waiver of the distance limitation. The city council may grant such a waiver when it finds that the granting of such will not create or cause substantial damage or hardship to any affected school, church, hospital, library or daycare center and only following public notice and hearing. SECTION 5. That section 5-47 of the Code of Ordinances, City of Merriam, Kansas, is hereby amended to read as follows Sec Wholesalers or distributors. It is unlawful for any wholesaler or distributor, or agent or employee thereof, to sell or deliver CMBs or beer containing not more than 6% alcohol by volume within the city to persons authorized under this article to sell the same within this city, unless such wholesaler or distributor has first secured a license from this state authorizing such sale. SECTION 6. That section 5-48 of the Code of Ordinances, City of Merriam, Kansas, is hereby amended to read as follows: Sec 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 6% 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

16 3. Before 12:00 noon or after 8:00 p.m. on Sunday. b. No person shall sell at retail CMBs or beer containing not more than 6% alcohol by volume for consumption on the premises: 1. On Easter Sunday; 2. Between the hours of 12:00 midnight and 6:00 a.m. Monday through Saturday; or 3. On Sunday, except in a place of business which is licensed to sell CMB for consumption on the premises, which derives not less than 30 percent of its gross receipts from the sale of food for consumption on the licensed premises and which may sell CMBs or beer containing not more than 6% alcohol by volume for consumption on the licensed premises between the hours of 6:00 a.m. and midnight. (4) The city may require records, audits, verifications, affidavits, or any other information necessary to verify the annual gross sales of food for any applicant or renewal licensee, including, upon demand, the right to inspect the record books of the establishment. (5) No private rooms or closed booth shall be operated on the licensed premises, but this provision shall not apply if the licensed premises also are licensed as a club by the state pursuant to the Kansas Club and Drinking Establishment Act, as that act is defined in K.S.A (6) The place of business shall be open to the public and to law enforcement officers at all times during business hours, except that a premises which is licensed as a club under a license issued by this state pursuant to the Kansas Club and Drinking Establishment Act, as that act is defined in K.S.A , shall be open to law enforcement officers and not to the public. (7) No person shall have, and no licensee shall permit any person to have, any alcoholic liquor, except beer containing not more than 6% alcohol in such person's possession, while in a place of business licensed to sell CMBs, unless the premises are currently licensed as a club or drinking establishment pursuant to the Kansas Club and Drinking Establishment Act, as that act is defined in K.S.A (8) CMBs may be sold on premises which are licensed pursuant to both the Kansas Cereal Malt Beverage Act, as that act is defined in K.S.A , and the Kansas Club and Drinking Establishment Act, as that act is defined in K.S.A , at any time when alcoholic liquor is allowed by law to be served on the premises. (9) No licensee or agent or employee of the licensee shall permit any gambling in the place of business for which such license has been issued. (10) No licensee or agent or employee of the licensee shall permit any person to mix alcoholic drinks with materials purchased in the place of business or brought in for such purpose. (11) No licensee or agent or employee of the licensee shall become intoxicated in the place of business for which such license has been issued. (12) No licensee or agent or employee of the licensee shall permit any intoxicated person to remain in the place of business for which such license has been issued. (13) No licensee or agent or employee of the licensee shall knowingly sell or provide CMBs or beer containing not more than 6% alcohol by volume to any person who is intoxicated. (14) The licensee shall maintain sufficient records to determine the percentage of gross business obtained from the sale of CMBs or beer containing not more than 6% alcohol by volume. (15) The licensee shall permit inspection of records required by subsection (14) of this section at all times during business hours by proper agents of the city.

17 (16) No licensee shall employ or continue in employment a person in connection with the sale, serving, or dispensing of CMBs if the licensee knows such person has been, within the preceding two years, adjudged guilty of a felony or of any crime involving a morals charge or of any violation of the intoxicating liquor laws of the city, the state of Kansas, another state or the United States. SECTION 7. That section 5-50 of the Code of Ordinances, City of Merriam, Kansas, is hereby amended to read as follows: Sec Possession or consumption by minors prohibited; exceptions. (a) (b) (c) No licensee shall permit a person under the legal age for consumption of CMB or beer containing not more than 6% alcohol by volume to consume, purchase, or possess any CMB or beer containing not more than 6% alcohol by volume in or about a place of business, except that a licensee's employee who is not less than 18 years of age may dispense or sell CMB or beer containing not more than 6% alcohol by volume if: (1) The licensee's place of business is licensed only to sell at retail CMB or beer containing not more than 6% alcohol by volume in the original package and not for consumption on the premises; or (2) The licensee's place of business is a licensed food service establishment, as defined by K.S.A and amendments thereto, and not less than 50 percent of the gross receipts from the licensee's place of business is derived from the sale of food for consumption on the premises of the licensed place of business. The city may require records, audits, verifications, affidavits, or any other information necessary to verify the annual gross sales of food for any applicant or renewal licensee including, upon demand, the right to inspect the record books of the establishment. It is unlawful for a licensee to employ any person under the age of 18 years in connection with the dispensing, serving or selling of CMB or beer containing not more than 6% alcohol by volume. SECTION 8. That section 5-52 of the Code of Ordinances, City of Merriam, Kansas, is hereby amended to read as follows: Sec Revocation or suspension of license. (a) The city council, upon five days' notice to the persons holding a license issued pursuant to this article, may suspend or revoke such license for any one or more of the following reasons: (1) The licensee has violated any of the provisions of this chapter or any rule or regulation made by the city council concerning CMBs or any of the provisions of K.S.A et seq. (2) Drunkenness of the licensee or permitting any intoxicated person to remain in or upon the licensee's place of business. (3) The sale or gift of CMBs or beer containing not more than 6% alcohol by volume to any person under the legal age for consumption of CMB. (4) Permitting any person to mix drinks with materials purchased in or upon the place of business or brought in for that purpose. (5) The sale or possession of, or permitting any person to use or consume on the licensed premises, any alcoholic liquor except beer containing not more than 6% alcohol by volume.

18 (b) (c) (d) (6) The licensee has been convicted of a violation of the Beer and Cereal Malt Beverage Keg Registration Act. (7) There has been a violation of a provision of the laws of this city or of this state or any other state, or of the United States, pertaining to the sale of intoxicating or alcoholic liquors or CMBs, or any crime involving a morals charge on premises where alcoholic liquor or CMB is sold by such licensee. The provisions of subsections (a)(4) and (5) of this section shall not apply if the place of business or premises also is currently licensed as a club or drinking establishment pursuant to the Club and Drinking Establishment Act. The city council, upon five days' notice to the persons holding a license, shall revoke or suspend the license for any one or more of the following reasons: (1) The licensee has fraudulently obtained the license by giving false information in the application therefor or any hearing thereon. (2) The licensee has become ineligible to obtain a license under this chapter or the Kansas Cereal Malt Beverage act. (3) The nonpayment of any license fee. (4) Permitting any gambling in or upon the licensee's place of business. (5) The employment of persons under 18 years of age in dispensing or selling CMBs or beer containing not more than 6% alcohol by volume. (6) The employment or continuation in employment of a person in connection with the sale, serving or dispensing of CMBs if the licensee knows such person has been, within the preceding two years, adjudged guilty of a felony or of any violation of the intoxicating liquor laws of the city, the state, another state or the United States. (7) There has been a violation of K.S.A or , prior to their repeal, or K.S.A , and amendments thereto, in or upon the licensee's place of business. Whenever the chief of police submits to the city council proof of three convictions resulting from violations committed by or permitted by the licensee or the licensee's agent, manager, employee, entertainer or performer on the licensed premises, including the parking lot, within the preceding 12- month period, of any statutes or ordinances regulating such business, of section of this Code, or of any of the following sections of the most recent edition of the Uniform Public Offense Code, published by the League of Kansas Municipalities, including conspiracy or attempt, the city council may suspend or revoke a license issued pursuant to this article upon five days' notice to the persons holding such license: (1) 3.2: Battery against a law enforcement officer. (2) 3.5: Unlawful interference with firefighter. (3) 5.1: Contributing to a child's misconduct or deprivation. (4) 5.2: Furnishing alcoholic liquor or CMB to a minor. (5) 5.3: Unlawfully hosting minors consuming alcoholic liquor or CMB. (6) 5.4: Endangering a child. (7) 7.2: Interference with law enforcement. (8) 10.1: Criminal use of weapons.

19 (e) (9) 10.3: Criminal distribution of firearms to a felon disposal of firearms. (10) 10.5: Unlawful discharge of firearms. (11) 10.9: Carrying concealed explosives. (12) 10.22: Alcohol without liquid machine. The licensee, within 20 days after the order of the city council revoking or suspending any license, may appeal to the district court of the county. The district court shall proceed to hear such appeal as though such court had original jurisdiction of the matter. Any appeal taken from an order revoking or suspending the license shall not suspend the order of revocation or suspension of the license during the pendency of any such appeal. SECTION 9. That section 5-54 of the Code of Ordinances, City of Merriam, Kansas, is hereby amended to read as follows: Sec Certain sales practices prohibited. (a) (b) (c) (d) No licensee, or employee or agent of a licensee, licensed to sell CMB and beer containing not more than 6% alcohol by volume for consumption on a licensed premises shall: (1) Offer or serve any free CMB or beer containing not more than 6% alcohol by volume to any person; (2) Offer to serve to any person a drink at a price that is less than the acquisition cost of the drink to the licensee; (3) Sell, offer to sell or serve to any person an unlimited number of drinks during any set period of time for a fixed price, except at private functions not open to the general public; (4) Encourage or permit, on the licensed premises, any game or contest which involves drinking CMB or beer containing not more than 6% alcohol by volume or the awarding of drinks as prizes; or (5) Advertise or promote in any way, whether on or off the licensed premises, any of the practices prohibited in subsections (a)(l) (4). A licensee may: (1) Offer free food or entertainment at any time; (2) Sell, offer to sell and serve individual drinks at different prices throughout any day; or (3) Sell or serve CMB in a pitcher capable of containing more than 64 fluid ounces. Violation of any provision of this article shall be grounds for suspension or revocation of a license as provided by section Every licensee subject to the provisions of this section shall make available at any time upon request a price list showing the licensee's current prices for all CMBs and beer containing not more than 6% alcohol by volume. SECTION 10. That section 5-80 of the Code of Ordinances, City of Merriam, Kansas, is hereby amended to read as follows: Sec License required.

20 It is unlawful for any person to sell, keep for sale or offer for sale any alcoholic liquor or CMB as an alcoholic liquor retailer in the city except on premises licensed for such sales under K.S.A. ch. 41 and this article. SECTION 11. Existing Sections. Those sections of Chapter 5 of the Code of Ordinances of the City of Merriam, Kansas not heretofore repealed shall remain in full force and effect. SECTION 12: Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is, for any reason, held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Ordinance and the Governing Body hereby declares that it would have passed the remaining portions of this Ordinance if it would have known that such part or parts thereof would be declared invalid. SECTION 13: Repeal. Sections 5-1, 5-5, 5-38, 5-45, 5-47, 5-48, 5-50, 5-52, 5-54, and 5-80 of the Code of Ordinances of the City of Merriam, Kansas as they existed before the above amendments are hereby repealed. SECTION 14: Effective Date. After passage and publication provided by law, this ordinance shall be in full force and effect beginning April 1, PASSED BY THE City Council the day of, APPROVED BY THE Mayor the day of, Ken Sissom, Mayor ATTEST: Juliana Pinnick, City Clerk APPROVED AS TO FORM: Nicole Proulx Aiken, City Attorney

21 AN ORDINANCE AMDENDING CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF MERRIAM, KANSAS CONCERNING ALCOHOLIC BEVERAGES; AMENDING SECTIONS 5-1, 5-5, 5-38, 5-45, 5-47, 5-48, 5-50, 5-52, 5-54, AND 5-80; AND REPEALING THE SECTIONS HEREBY AMENDED. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MERRIAM, KANSAS: SECTION 1. That section 5-1 of the Code of Ordinances, City of Merriam, Kansas, is hereby amended to read as follows: Sec Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alcoholic liquor means alcohol, spirits, wine, beer, and alcoholic candy (as those terms are defined in K.S.A and amendments thereto), and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by a human being, but shall not include cereal malt beverage (CMB). Alcoholic liquor retailer means a person who is licensed under the Kansas liquor control act, K.S.A et seq., and Article III of this chapter who sells at retail, or offers for sale at retail, alcoholic liquors or cereal malt beverages. "Alcoholic liquor retailer" does not include a microbrewery, microdistillery or a farm winery. Beer means a beverage, containing more than 3.2% alcohol by weight, obtained by alcoholic fermentation of an infusion or concoction of barley, or other grain, malt and hops in water and includes beer, ale, stout, lager beer, porter, and similar beverages having such alcoholic content. Caterer means an individual, partnership or corporation licensed pursuant to K.S.A et seq. which sells alcoholic liquor by the individual drink, and provides services relating to the serving thereof, on unlicensed premises which may be open to the public, but does not include a holder of a state or local temporary permit, selling alcoholic liquor in accordance with the terms of such permit. Cereal malt beverage (CMB) means any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute or any flavored malt beverage, as defined herein, but does not include any such liquor which is more than 3.2 percent alcohol by weight. Class A club means a premises licensed pursuant to K.S.A et seq. and which is owned or leased by a corporation, partnership, business trust or association and which is operated thereby as a bona fide nonprofit social, fraternal or war veterans' club, as determined by the director of alcoholic beverage control of the state department of revenue, for the exclusive use of the corporate stockholders, partners, trust beneficiaries or associates (hereinafter referred to as members) and their families and guests accompanying them. Class B club means a premises licensed pursuant to K.S.A et seq. and which is operated for profit by a corporation, partnership or individual, to which members of such club may resort for the consumption of food or alcoholic beverages and for entertainment. Club or private club means a class A or class B club. Club and Drinking Establishment Act means the provisions of K.S.A et seq. and any amendments thereto.

22 Distributor means the person importing or causing to be imported into the state or purchasing or causing to be purchased within the state, alcoholic liquor for sale or resale to retailers licensed under this chapter and the Kansas liquor control act or CMB for sale or resale to retailers licensed under this chapter and K.S.A , and amendments thereto. Domestic beer means beer which contains not more than 15 percent alcohol by weight and which is manufactured in this state. Domestic fortified wine means wine which contains more than 14 percent, but not more than 20 percent alcohol by volume and which is manufactured in this state. Domestic table wine means wine which contains not more than 14 percent alcohol by volume and which is manufactured without rectification or fortification in this state. Drinking establishment means premises licensed pursuant to K.S.A et seq. and that may be open to the general public, where alcoholic liquor by the individual drink is sold. "Drinking establishment" includes a railway car. Farm winery means a winery licensed by the director of alcoholic beverage control of the state department of revenue to manufacture, store and sell domestic table wine and domestic fortified wine. Flavored malt beverage shall have the meaning set forth in K.S.A Supp. 41, 2729 ( ) and amendments thereto. Food means any raw, cooked or processed edible substance or ingredient, other than alcoholic liquor or CMB, used or intended for use or for sale, in whole or in part, for human consumption. General CMB retailer is a person who is licensed under the Kansas cereal malt beverage act, as that act is defined in K.S.A , and Article II of this chapter to sell cereal malt beverages (CMBs) or beer containing not more than 6% alcohol by volume at retail only for consumption on the licensed premises. Hard cider means any alcoholic beverage that: (1) contains less than 8.5 percent alcohol by volume; (2) has a carbonation level that does not exceed 6.4 grams per liter; and (3) is obtained by the normal alcoholic fermentation of the juice of sound, ripe apples or pears, including such beverages containing sugar added for the purpose of correcting natural deficiencies. Legal age for consumption of cereal malt beverages means 21 years of age, except that "legal age for consumption of CMB" means 18 years of age if at any time the provisions of P.L penalizing states for permitting persons under 21 years of age to consume CMB are repealed or otherwise invalidated or nullified. Limited CMB retailer is a person who is licensed under the Kansas cereal malt beverage act, as that act is defined in K.S.A , and Article II of this chapter to sell CMBs or beer containing not more than 6% alcohol by volume at retail only in original and unopened containers and not for consumption on the premises. Manufacture means to distill, rectify, ferment, brew, make, mix, concoct, process, blend, bottle or fill an original package with any alcoholic liquor, beer or CMB. Manufacturer means every brewer, fermenter, distiller, rectifier, wine maker, blender, processor, bottler or person who fills or refills an original package and others engaged in brewing, fermenting, distilling, rectifying or bottling alcoholic liquor, beer or CMB. "Manufacturer" does not include a microbrewery, microdistillery or a farm winery. Microbrewery means a brewery licensed by the director of alcoholic beverage control of the state department of revenue to manufacture, store and sell domestic beer and hard cider.

23 Microdistillery means a facility which produces spirits from any source or substance that is licensed by the director of alcoholic beverage control of the state department of revenue to manufacture, store and sell spirits. Minor means a person under 21 years of age. Morals charge means a charge involving the sale of sexual relations; procuring any person; soliciting of a child under 18 years of age for any immoral act involving sex; possession or sale of narcotics, marijuana, amphetamines or barbiturates; rape; incest; gambling; illegal cohabitation; adultery; bigamy; or a crime against nature. Nonprofit, religions, charitable, fraternal, educational, or veterans' organization shall have those meanings as ascribed and defined in K.S.A Original package means any bottle, flask, jug, can, cask, barrel, keg, hogshead or other receptacle or container whatsoever, used, corked or capped, sealed and labeled by the manufacturer of alcoholic liquor, to contain and to convey any alcoholic liquor. Original container does not include a sleeve. Place of business means any place at which CMBs or beer containing not more than 6% alcohol by volume are sold. Premises means the specific area described in the license application and approved as the location upon which the CMB or alcoholic liquor may be sold or consumed under the license. Railway car means a locomotive drawn conveyance used for the transportation and accommodation of human passengers that is confined to a fixed rail route and which derives from sales of food for consumption on the railway car not less than 30 percent of its gross receipts from all sales of food and beverages in a 12-month period. Sale means any transfer, exchange or barter in any manner or by any means whatsoever for a consideration, and includes all sales made by any person, whether principal, proprietor, agent, servant or employee. School means any institution of learning, whether public or private. This definition includes, but is not limited to, a primary school, secondary school, trade school, college and university. Sell at retail and sale at retail mean sales for use or consumption and not for resale in any form and sales to clubs, licensed drinking establishments, licensed caterers or holders of temporary permits. "Sell at retail" and "sale at retail" do not refer to or mean sales by a distributor, a microbrewery, a farm winery, a licensed club, a licensed drinking establishment, a licensed caterer or a holder of a state or local temporary permit. Sleeve means a package of two or more 50-milliliter (3.2-fluid-ounce) container of spirits. Special event means a picnic, bazaar, festival or other similar community gathering, which has been approved by the city council. State temporary permit means a temporary permit issued by this state pursuant to K.S.A , and amendments thereto and does not mean a local temporary alcoholic liquor permit or local CMB special event retailer's permit issued by the city pursuant to article VII of this chapter. To sell means to solicit or receive an order for, to keep or expose for sale and to keep with intent to sell. SECTION 2. That section 5-5 of the Code of Ordinances, City of Merriam, Kansas, is hereby amended to read as follows: Sec Standards of conduct.

24 It is unlawful for any licensee or permit holder under this chapter to: (1) Allow, without preventing or suppressing, any violent quarrel, disorder, brawl, fight or other unlawful conduct of any person on the premises. As used in this section, the term "premises" includes the licensed premises and the parking lots and areas around the business which are owned, maintained or used as part of the business. (2) Fail to immediately report to the police any illegal or violent act committed on the premises when the licensee or permit holder, or employee thereof, knew or should have known that the act occurred on the premises. (3) Fail to cooperate fully with law enforcement authorities during an investigation of an illegal or violent act committed on the premises. (4) Operate the business in such a manner that it constitutes a nuisance. (5) Fail to take appropriate and necessary steps to supervise the outdoor area of the premises including keeping the area free from litter and preventing the parking area from becoming a gathering place for customers of the business. (6) Fail to produce, upon request or demand during regular business hours by any police officer of the city, for inspection, copying or other purposes consistent with the provisions of this chapter, a list which correctly reflects the names, addresses and ages of all persons employed by the licensee or permit holder at that premises, and of all persons who are owners of such licensed premises, on the date upon which such request or demand is made. (7) Fail to comply with all provisions of this chapter and this Code. (8) Fail to prominently post the occupancy of the licensed premises. SECTION 3. That section 5-38 of the Code of Ordinances, City of Merriam, Kansas, is hereby amended to read as follows: Sec License required. (a) (b) (c) (d) (e) It is unlawful for any person to sell any CMB or beer containing not more than 6% alcohol by volume at retail without having in such person's possession a valid, unexpired, unrevoked license issued by the city for the place of business at which such sales are made. A license to sell CMBs or beer containing not more than 6% alcohol by volume is issued for the calendar year and shall expire at the end of the calendar year for which it was issued. It is unlawful for any person licensed as a "limited CMB retailer" under this article to sell any CMB or beer containing not more than 6% alcohol by volume in any manner other than in the original and unopened containers and not for consumption on the premises. It is unlawful for any person licensed as a "general CMB retailer" under this article to sell any CMB or beer containing not more than 6% alcohol by volume for consumption off the premises. The license required hereunder shall be in addition to any other license required for the operation of any other business conducted on the same premises. SECTION 4. That section 5-45 of the Code of Ordinances, City of Merriam, Kansas, is hereby amended to read as follows: Sec Distance requirements.

25 (a) (b) (c) (d) In addition to the provisions set forth in section 5-2, no license for the sale of CMBs or beer containing not more than 6% alcohol by volume shall be issued to any person whose proposed place of business is within 500 feet of any school, church, hospital building, library or daycare center; except that if any such school, church, hospital, library or daycare center is established within 500 feet of any licensed premises after the premises have been licensed, such premises shall be an eligible location for a CMB license. The distance limitation of subsection (a) of this section shall not apply to any establishment holding a CMB license in business and operating on December 7, 1987; provided, however, that the foregoing exception shall cease in the event such establishment discontinues or has discontinued the sale of CMBs and beer containing not more than 6% alcohol by volume for a continuous period of 180 days, or its license is revoked or not renewed prior to its expiration. The distance set out in subsection (a) of this section shall be measured in a straight line from the building sought to be licensed to the nearest property line of any school, library or daycare center, and in a straight line from the building sought to be licensed to the actual church or hospital building. The distance limitation of subsection (a) of this section shall not apply to any establishment holding a license if the licensee has petitioned for and received a waiver of the distance limitation. The city council may grant such a waiver when it finds that the granting of such will not create or cause substantial damage or hardship to any affected school, church, hospital, library or daycare center and only following public notice and hearing. SECTION 5. That section 5-47 of the Code of Ordinances, City of Merriam, Kansas, is hereby amended to read as follows Sec Wholesalers or distributors. It is unlawful for any wholesaler or distributor, or agent or employee thereof, to sell or deliver CMBs or beer containing not more than 6% alcohol by volume within the city to persons authorized under this article to sell the same within this city, unless such wholesaler or distributor has first secured a license from this state authorizing such sale. SECTION 6. That section 5-48 of the Code of Ordinances, City of Merriam, Kansas, is hereby amended to read as follows: Sec 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 6% 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 12:00 noon or after 8:00 p.m. on Sunday.

26 b. No person shall sell at retail CMBs or beer containing not more than 6% alcohol by volume for consumption on the premises: 1. On Easter Sunday; 2. Between the hours of 12:00 midnight and 6:00 a.m. Monday through Saturday; or 3. On Sunday, except in a place of business which is licensed to sell CMB for consumption on the premises, which derives not less than 30 percent of its gross receipts from the sale of food for consumption on the licensed premises and which may sell CMBs or beer containing not more than 6% alcohol by volume for consumption on the licensed premises between the hours of 6:00 a.m. and midnight. (4) The city may require records, audits, verifications, affidavits, or any other information necessary to verify the annual gross sales of food for any applicant or renewal licensee, including, upon demand, the right to inspect the record books of the establishment. (5) No private rooms or closed booth shall be operated on the licensed premises, but this provision shall not apply if the licensed premises also are licensed as a club by the state pursuant to the Kansas Club and Drinking Establishment Act, as that act is defined in K.S.A (6) The place of business shall be open to the public and to law enforcement officers at all times during business hours, except that a premises which is licensed as a club under a license issued by this state pursuant to the Kansas Club and Drinking Establishment Act, as that act is defined in K.S.A , shall be open to law enforcement officers and not to the public. (7) No person shall have, and no licensee shall permit any person to have, any alcoholic liquor, except beer containing not more than 6% alcohol in such person's possession, while in a place of business licensed to sell CMBs, unless the premises are currently licensed as a club or drinking establishment pursuant to the Kansas Club and Drinking Establishment Act, as that act is defined in K.S.A (8) CMBs may be sold on premises which are licensed pursuant to both the Kansas Cereal Malt Beverage Act, as that act is defined in K.S.A , and the Kansas Club and Drinking Establishment Act, as that act is defined in K.S.A , at any time when alcoholic liquor is allowed by law to be served on the premises. (9) No licensee or agent or employee of the licensee shall permit any gambling in the place of business for which such license has been issued. (10) No licensee or agent or employee of the licensee shall permit any person to mix drinks with materials purchased in the place of business or brought in for such purpose. (11) No licensee or agent or employee of the licensee shall become intoxicated in the place of business for which such license has been issued. (12) No licensee or agent or employee of the licensee shall permit any intoxicated person to remain in the place of business for which such license has been issued. (13) No licensee or agent or employee of the licensee shall knowingly sell or provide CMBs or beer containing not more than 6% alcohol by volume to any person who is intoxicated. (14) The licensee shall maintain sufficient records to determine the percentage of gross business obtained from the sale of CMBs or beer containing not more than 6% alcohol by volume. (15) The licensee shall permit inspection of records required by subsection (14) of this section at all times during business hours by proper agents of the city.

27 (16) No licensee shall employ or continue in employment a person in connection with the sale, serving, or dispensing of CMBs if the licensee knows such person has been, within the preceding two years, adjudged guilty of a felony or of any crime involving a morals charge or of any violation of the intoxicating liquor laws of the city, the state of Kansas, another state or the United States. SECTION 7. That section 5-50 of the Code of Ordinances, City of Merriam, Kansas, is hereby amended to read as follows: Sec Possession or consumption by minors prohibited; exceptions. (a) (b) (c) No licensee shall permit a person under the legal age for consumption of CMB or beer containing not more than 6% alcohol by volume to consume, purchase, or possess any CMB or beer containing not more than 6% alcohol by volume in or about a place of business, except that a licensee's employee who is not less than 18 years of age may dispense or sell CMB or beer containing not more than 6% alcohol by volume if: (1) The licensee's place of business is licensed only to sell at retail CMB or beer containing not more than 6% alcohol by volume in the original package and not for consumption on the premises; or (2) The licensee's place of business is a licensed food service establishment, as defined by K.S.A and amendments thereto, and not less than 50 percent of the gross receipts from the licensee's place of business is derived from the sale of food for consumption on the premises of the licensed place of business. The city may require records, audits, verifications, affidavits, or any other information necessary to verify the annual gross sales of food for any applicant or renewal licensee including, upon demand, the right to inspect the record books of the establishment. It is unlawful for a licensee to employ any person under the age of 18 years in connection with the dispensing, serving or selling of CMB or beer containing not more than 6% alcohol by volume. SECTION 8. That section 5-52 of the Code of Ordinances, City of Merriam, Kansas, is hereby amended to read as follows: Sec Revocation or suspension of license. (a) The city council, upon five days' notice to the persons holding a license issued pursuant to this article, may suspend or revoke such license for any one or more of the following reasons: (1) The licensee has violated any of the provisions of this chapter or any rule or regulation made by the city council concerning CMBs or any of the provisions of K.S.A et seq. (2) Drunkenness of the licensee or permitting any intoxicated person to remain in or upon the licensee's place of business. (3) The sale or gift of CMBs or beer containing not more than 6% alcohol by volume to any person under the legal age for consumption of CMB. (4) Permitting any person to mix drinks with materials purchased in or upon the place of business or brought in for that purpose. (5) The sale or possession of, or permitting any person to use or consume on the licensed premises, any alcoholic liquor except beer containing not more than 6% alcohol by volume.

28 (b) (c) (d) (6) The licensee has been convicted of a violation of the Beer and Cereal Malt Beverage Keg Registration Act. (7) There has been a violation of a provision of the laws of this city or of this state or any other state, or of the United States, pertaining to the sale of intoxicating or alcoholic liquors or CMBs, or any crime involving a morals charge on premises where alcoholic liquor or CMB is sold by such licensee. The provisions of subsections (a)(4) and (5) of this section shall not apply if the place of business or premises also is currently licensed as a club or drinking establishment pursuant to the Club and Drinking Establishment Act. The city council, upon five days' notice to the persons holding a license, shall revoke or suspend the license for any one or more of the following reasons: (1) The licensee has fraudulently obtained the license by giving false information in the application therefor or any hearing thereon. (2) The licensee has become ineligible to obtain a license under this chapter or the Kansas Cereal Malt Beverage act. (3) The nonpayment of any license fee. (4) Permitting any gambling in or upon the licensee's place of business. (5) The employment of persons under 18 years of age in dispensing or selling CMBs or beer containing not more than 6% alcohol by volume. (6) The employment or continuation in employment of a person in connection with the sale, serving or dispensing of CMBs if the licensee knows such person has been, within the preceding two years, adjudged guilty of a felony or of any violation of the intoxicating liquor laws of the city, the state, another state or the United States. (7) There has been a violation of K.S.A or , prior to their repeal, or K.S.A , and amendments thereto, in or upon the licensee's place of business. Whenever the chief of police submits to the city council proof of three convictions resulting from violations committed by or permitted by the licensee or the licensee's agent, manager, employee, entertainer or performer on the licensed premises, including the parking lot, within the preceding 12- month period, of any statutes or ordinances regulating such business, of section of this Code, or of any of the following sections of the most recent edition of the Uniform Public Offense Code, published by the League of Kansas Municipalities, including conspiracy or attempt, the city council may suspend or revoke a license issued pursuant to this article upon five days' notice to the persons holding such license: (1) 3.2: Battery against a law enforcement officer. (2) 3.5: Unlawful interference with firefighter. (3) 5.1: Contributing to a child's misconduct or deprivation. (4) 5.2: Furnishing alcoholic liquor or CMB to a minor. (5) 5.3: Unlawfully hosting minors consuming alcoholic liquor or CMB. (6) 5.4: Endangering a child. (7) 7.2: Interference with law enforcement. (8) 10.1: Criminal use of weapons.

29 (e) (9) 10.3: Criminal distribution of firearms to a felon disposal of firearms. (10) 10.5: Unlawful discharge of firearms. (11) 10.9: Carrying concealed explosives. (12) 10.22: Alcohol without liquid machine. The licensee, within 20 days after the order of the city council revoking or suspending any license, may appeal to the district court of the county. The district court shall proceed to hear such appeal as though such court had original jurisdiction of the matter. Any appeal taken from an order revoking or suspending the license shall not suspend the order of revocation or suspension of the license during the pendency of any such appeal. SECTION 9. That section 5-54 of the Code of Ordinances, City of Merriam, Kansas, is hereby amended to read as follows: Sec Certain sales practices prohibited. (a) (b) (c) (d) No licensee, or employee or agent of a licensee, licensed to sell CMB and beer containing not more than 6% alcohol by volume for consumption on a licensed premises shall: (1) Offer or serve any free CMB or beer containing not more than 6% alcohol by volume to any person; (2) Offer to serve to any person a drink at a price that is less than the acquisition cost of the drink to the licensee; (3) Sell, offer to sell or serve to any person an unlimited number of drinks during any set period of time for a fixed price, except at private functions not open to the general public; (4) Encourage or permit, on the licensed premises, any game or contest which involves drinking CMB or beer containing not more than 6% alcohol by volume or the awarding of drinks as prizes; or (5) Advertise or promote in any way, whether on or off the licensed premises, any of the practices prohibited in subsections (a)(l) (4). A licensee may: (1) Offer free food or entertainment at any time; (2) Sell, offer to sell and serve individual drinks at different prices throughout any day; or (3) Sell or serve CMB in a pitcher capable of containing more than 64 fluid ounces. Violation of any provision of this article shall be grounds for suspension or revocation of a license as provided by section Every licensee subject to the provisions of this section shall make available at any time upon request a price list showing the licensee's current prices for all CMBs and beer containing not more than 6% alcohol by volume. SECTION 10. That section 5-80 of the Code of Ordinances, City of Merriam, Kansas, is hereby amended to read as follows: Sec License required.

30 It is unlawful for any person to sell, keep for sale or offer for sale any alcoholic liquor or CMB as an alcoholic liquor retailer in the city except on premises licensed for such sales under K.S.A. ch. 41 and this article. SECTION 11. Existing Sections. Those sections of Chapter 5 of the Code of Ordinances of the City of Merriam, Kansas not heretofore repealed shall remain in full force and effect. SECTION 12: Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is, for any reason, held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Ordinance and the Governing Body hereby declares that it would have passed the remaining portions of this Ordinance if it would have known that such part or parts thereof would be declared invalid. SECTION 13: Repeal. Sections 5-1, 5-5, 5-38, 5-45, 5-47, 5-48, 5-50, 5-52, 5-54, and 5-80 of the Code of Ordinances of the City of Merriam, Kansas as they existed before the above amendments are hereby repealed. SECTION 14: Effective Date. After passage and publication provided by law, this ordinance shall be in full force and effect beginning April 1, PASSED BY THE City Council the day of, APPROVED BY THE Mayor the day of, Ken Sissom, Mayor ATTEST: Juliana Pinnick, City Clerk APPROVED AS TO FORM: Nicole Proulx Aiken, City Attorney

31 MERRIAM POLICE 2018 Annual Report 2018 ANNUAL REPORT 1

32 CONTENTS 3 CHIEF'S MESSAGE 4 BUDGET REPORT 5 FORFEITURE REPORT 6 CRIME STATISTICS 7 DDACTS 8 PATROL DIVISION 8 INVESTIGATIONS 9 MOTOR VEHICLE CRASHES 10 OFFICERS AT WORK 10 POLICE TRAINING 12 HIGHLIGHTS 13 PROMOTIONS 13 OFFICER OF THE YEAR 14 COMMUNITY CONNECTIONS Follow us on @MerriamPDChief CITY POPULATION 11,232 CALLS FOR SERVICE 9,911 SELF-INITIATED CALLS 15,129 WRITTEN REPORTS 4,888 MOTOR VEHICLE ACCIDENTS 697 AUTO BURGLARIES REDUCED BY DDACTS 56% POLICE DEPARTMENT EMPLOYEES 37 SPECIAL OLYMPICS MONEY RAISED $26,195 TOTAL BUDGET $4,018,996 2 MERRIAM POLICE DEPARTMENT

33 MESSAGE FROM THE CHIEF Merriam Residents, This has been a fantastic year. We started off with the completion of the police station remodel. The remodel included improvements to our property room, an upgraded HVAC system, and an expanded locker room. Now, we not only have a well-organized space to hold our property, we can also keep all of the strong smelling drugs in a separate room that keeps the odor from spreading throughout the building. Each officer on the department has their own locker that allows them to change in and out of their uniform at the station instead of at home. The HVAC system has kept the temperature even, and it has reduced our cost. We have increased our community interaction. Officers attended block parties, art openings, the farmers' market, and held a city-wide cookout for National Night Out Against Crime. We introduced our bicycle unit and increased our activity on social media, with about 3,000 likes on Facebook and 2,775 followers on Twitter. Social media allows us to interact with an almost unlimited number of people. Finally, I would like to thank our citizens, city council, and Mayor Ken Sissom for allowing me to lead the exceptional men and women of the Merriam Police Department. It has been a great ride, but on April 1, 2019, I will retire after 32-years of service. Your department is well trained and will continue to provide the very best service to Merriam's citizens. Sincerely, Michael Daniels Chief of Police PATROL COMMANDER Captain Todd Allen INVESTIGATIONS COMMANDER Major Darren McLaughlin SUPPORT SERVICES COMMANDER Captain Troy Duvanel 2018 ANNUAL REPORT 3

34 BUDGET EXPENSE REPORT In 2018, Merriam's total police budget was $4,018,996. This amount included all projected costs of personnel, contractual services, commodities, and capital outlay purchases. Below is a breakdown of expenditures by major categories. PERSONNEL This budget item includes salaries and benefits. BUDGETED: $3,614,061 SPENT: $3,598,849 PERCENT OF BUDGET SPENT: 99.6% CONTRACTUAL SERVICES This budget item includes utilities, equipment rental and repair, custodial services, training expenses, vehicle repair, and building maintenance. BUDGETED: $232,943 SPENT: $185,004 PERCENT OF BUDGET SPENT: 79.4% SUPPLIES AND EQUIPMENT This budget item includes office equipment, police equipment, uniforms, and fuel. BUDGETED: $173,302 SPENT: $150,664 PERCENT OF BUDGET SPENT: 86.9% Police department spending was $84,479 under budget in MERRIAM POLICE DEPARTMENT

35 FORFEITURE REPORT According to K.S.A , law enforcement agencies are required to report the status of their Special Law Enforcement Trust Fund in an annual report. The report must include the type and approximate value of the forfeited property, the amount of any forfeiture proceeds received, and how any of those proceeds were expended. This section is included in all annual reports to ensure the Merriam Police Department stays in compliance with K.S.A Any questions concerning specific details should be directed to the City of Merriam s Finance Department. Law Enforcement Special Funds Report On Jan. 1, 2018, there was $60, in the Merriam Special Law Enforcement Fund. Through the course of the year, the following receipts and expenses were made to this fund: RECEIPTS Total funds received cash seizure (case 16CV2390) $14, Total Assets for 2018 $14, EXPENDITURES Court ordered settlement from funds seized (returned to claimant) $6, Legal fees paid to Johnson County District Attorney s Office $1, Bicycles for Bicycle Unit $6, Supplies and equipment for Bicycle Unit $2, Camera system for training room at police department $1, Exercise equipment $2, Total Expenditures in 2018 $20, Fund balance as of Dec. 31, 2018 $55, ANNUAL REPORT 5

36 CRIME STATISTICS Each year, we report crimes to the Kansas Bureau of Investigations. MURDER RAPE ROBBERY ASSAULTS BURGLARY THEFT AUTO THEFT ARSON CRIMINAL ACTIVITY The Merriam Police Department tracks criminal activity and trends by dividing the city into grids that separate residential areas from business areas, as much as possible. The chart below will give you information on some of the crime reports taken in each grid during GRID ARSON MURDER RAPE ROBBERY AGGRAVATED ASSAULT A B C D E F G H I J K L M N O P Q R S T U Totals SIMPLE ASSAULT BURGLARY THEFT AUTO THEFT TOTALS GRID MAP Blue lines represent the grid boundaries. *Grid Q is the Merriam City Hall Complex. 6 MERRIAM POLICE DEPARTMENT

37 DDACTS Data-Driven Approaches to Crime and Traffic Study In March 2017, we began using Data-Driven Approaches to Crime and Traffic Study (DDACTS) enforcement to identify areas with high incidences of crime, crashes, and traffic violations. The program uses statistics to determine the most effective places and times to patrol areas in Merriam. Statistics from the past five years showed overlapping high points of crime and crashes around Merriam Town Center and down toward Shawnee Mission Parkway. The information has allowed the department to increase its patrol efficiency along Shawnee Mission Parkway north to Antioch Road, across 55th St., and down Merriam Drive All Crashes Non-Highway Crashes All Crime Theft/Auto Burglary Merriam Town Center Incidents Merriam Town Center became an area of focus with the start of DDACTS enforcement. As expected, the number of incidents went up with increased contact and communication with businesses. The additional enforcment has led to an increase in contact-based incidents, including DUI's, recovered stolen property, and vehicle checks. Despite the increase in overall incidents, there was a 56 percent decrease in auto burglaries compared to the previous five-year average and a 10 percent reduction in thefts from the prior year. Crash Totals Per Year As part of DDACTS enforcement, the department focused on areas with higher crash totals. Since 2013, crash totals grew by an average of 71 crashes a year. Based on the previous five years, the projected total number of crashes in 2018 was 1,053. The actual total number of crashes in 2018 was ANNUAL REPORT 7

38 PATROL DIVISION The patrol division is responsible for answering calls for service, traffic enforcement, traffic accidents, and other tasks essential to serving Merriam. Officers work ten-hour shifts with varying start times to cover all 24 hours of the day, seven days a week. They are assigned to one of six supervisors. Last year, our officers answered 9,911 calls for service. These calls ranged from simple city ordinance violations to severe crimes involving personal injury. Merriam police officers also conducted more than 15,129 self-initiated citizen contacts. These included traffic stops, suspicious person checks, business checks, community outreach, and other miscellaneous duties. Officers wrote a total of 2,845 reports. Shawnee Mission Parkway Crashes We believe the reduction in crashes this year on Shawnee Mission Parkway is due to it being identified for officers as a primary focus for traffic enforcement. It has the highest number of crashes in Merriam, not including Interstate 35. Over the last five years, Shawnee Mission Parkway has had over two and a half times more crashes than any other street in Merriam had the lowest number of crashes on Shawnee Mission Parkway since INVESTIGATIONS In 2018, detectives were assigned 315 cases. Of these cases, 78 were solved. Detectives are still investigating 65 cases. THEFT 8 MERRIAM POLICE DEPARTMENT SIMPLE ASSAULT MOTOR VEHICLE THEFT FINANCIAL CRIMES BURGLARY AGGRAVATED ASSAULT UNATTENDED DEATH CHILD IN NEED OF CARE SUSPICIOUS ACTIVITY SEX CRIMES

39 MOTOR VEHICLE CRASHES One of the fundamental duties of any police department is to investigate motor vehicle crashes. The City of Merriam has 65 miles of roadway within its borders, including approximately three miles of interstate highway. According to data provided by the Kansas Department of Transportation (KDOT), the portion of Interstate 35 just north of 75th St. is the busiest highway section in Kansas. KDOT estimates more than 145,000 cars drive through Merriam each day. With the types of roadways in Merriam and the high number of businesses and general drive-through traffic, the problem of traffic control and crash investigation becomes a full-time challenge Crash Facts There were 697 motor vehicle accidents reported to the Merriam Police Department in 2018 compared to 765 in Of these:»» 170 accidents involved some level of personal injuries»» 437 accidents resulted in damage of more than $1,000»» 27 accidents were alcohol-related There were injuries in 11 of these accidents»» 76 were on private property»» 89 were minor accidents under $1,000 NOTE: The above statistics do not include crashes reported to and investigated by KHP that occurred on I-35. Top Crash Locations 116 SHAWNEE MISSION PARKWAY 55 JOHNSON DRIVE TH STREET 47 ANTIOCH TH STREET Drunk Driving Campaign The Merriam Police Department made 39 stops during its two-week You Drink. You Drive. You Lose. campaign in August. The statewide program aimed to remove impaired drivers from Kansas roadways. Officers conducted overtime patrols to aggressively enforce Kansas impaired driving laws. Merriam joined 150 other state agencies during the campaign ANNUAL REPORT 9

40 OFFICERS AT WORK Merriam police officers respond to many different types of service calls. The following are examples of memorable incidents handled by Merriam officers in The incidents on this list were submitted by patrol supervisors. 1/6/2018 // MEDICAL CALL MPO Kristin Jasinski was dispatched to a residence after a woman called 911 saying her 59-year-old husband was having a heart attack. When MPO Jasinski arrived, she found the man unconscious and applied an AED to the man. The AED gave the man a shock, and MPO Jasinski then began giving him CPR. MPO Jasinski continued giving CPR until medical personnel arrived. The man was transported to the hospital where his condition improved. The quick first-aid actions of MPO Jasinski were directly responsible for saving the man s life. The man and his wife were able to personally thank MPO Jasinski, and she received a Life Saving Award from the department. 1/14/2018 // AGGRAVATED BURLARY At 5:30 a.m., officers were dispatched to an aggravated burglary in progress in the 9500 block of W. 62nd St. The business owner, who was inside, could see a flashlight inside and hear someone in the garage area. Cpl. Nick Weiler, MPO Vincent Rock, and PO Grant Sparks found an open back door. When they called out to the suspect, he ran. Officers pursued on foot and caught the 26-year-old man several blocks away. He was arrested and sent to jail. 3/20/2018 // POSSESSION CONTROLLED SUBSTANCE MPO Cory Herron attempted to stop a white van that fled from him. The driver ran from the vehicle, which contained 474 grams (just over a pound) of marijuana. Officers searched the area with the assistance of a Shawnee K9 officer, but the driver initially eluded officers. Later, officers received information that a subject matching the driver s description entered a cab at the QuikTrip on Johnson Drive. PO Austin Twite was in the area and stopped the cab, leading to the suspect's arrest. 5/22/2018 // COMMERCIAL BURGLARY A cleaning crew reported a burglary in progress at a temporary office belonging to Aristocrat Motors. The suspect broke in, stole key fobs and other property (including a.32 caliber Derringer), then attempted to leave in a stolen vehicle. MPO Cory Herron and Sgt. John Walton intercepted the suspect as he was leaving the area. The 25-year-old man was arrested and, upon interrogation by MPO/Det. Paul Hutchinson, confessed to the burglary and vehicle theft. The suspect later pled guilty in district court. MPO Chris Meyers and Det. Aaron Simmons also assisted with this case. TRAINING The State of Kansas requires all police officers to complete a state-sponsored police academy. The Merriam Police Department also requires new officers to complete a 12- to 14-week field training program. The State of Kansas requires certified police officers receive a minimum of 40 hours of training each year. Merriam police officers received an average of 121 training hours in MERRIAM POLICE DEPARTMENT

41 8/21/2018 // IDENTITY THEFT MPO James Waller and Sgt. Chris Brokaw were dispatched to the AT&T store when a 34-yearold man from the Dominican Republic was attempting to fraudulently purchase cell phones using someone else s identity. Officers conducted surveillance of the store and were able to arrest the man after he left. After further investigation, it was determined the man was part of a multistate identity theft ring that was responsible for the fraudulent purchase of a large number of cell phones. The man is in jail awaiting trial. 9/10/2018 // RECOVERED STOLEN AUTO MPO James Waller located a stolen car parked near Office Max. He went into the business and learned two suspects just exited the rear of the business. After a short foot chase, a 24-year-old female and a 27-year-old male were taken into custody. During the search of the vehicle, officers found a lot of stolen property, materials indicative of ID theft, and the manufacture of fraudulent bank cards. 9/11/2018 // BOMB THREAT Officers responded to a woman who called dispatch to report a bomb in her vehicle, which the 39-year-old woman left abandoned at the bottom of the ramp from I-35 South to 67th St. Attempts to locate the woman were unsuccessful. Overland Park s bomb squad and other assets from local and federal agencies responded, and traffic was diverted from the area. The vehicle was subsequently cleared and no device was found. Later contact with the woman's father revealed she suffers from psychiatric issues. 10/4/2018 // MEDICAL CALL MPO Kristin Jasinski was getting ready for her shift when she heard a medical call for service at IKEA, located next door to the police station. The call stated a two-year-old child was choking. Though not yet in service, MPO Jasinski rushed to IKEA and notified dispatch she was on scene. She found the child and the child's parents in the restaurant. The child was still in distress and choking on a piece of food. MPO Jasinski was able to perform the Heimlich maneuver on the child and dislodged a meatball. She received a Life Saving Award from the department for her work. 12/6/2018 // MEDICAL CALL PO April Gebke responded to a report of a car that had run off the road near 55th and Knox. Upon arrival, the vehicle was in a residence's yard and a speed limit sign was knocked down. She found the driver slumped over the steering wheel, unconscious, not breathing, and she had no pulse. PO Gebke drug the woman from her vehicle, laid her flat on the ground, and began chest compressions. PO Gebke utilized her AED to shock the woman and continued resuscitative efforts until medical personnel arrived. The woman was transported to the hospital in very critical condition, but she was able to recover. PO Gebke's quick, decisive actions were crucial to the woman surviving. PO Gebke received a Life Saving Award from the department for her work. Some real great people work for the Merriam Police Department. Nice to have them around looking out for the citizens of Merriam. BRANDON H. USE OF FORCE Law enforcement officers face many challenges and occasionally need to use force to subdue a violent offender or take a person into custody for their own protection. Merriam officers arrested 1,347 individuals in 2018, and only used force in 53 of those incidents. This is a testament to our officers ability to de-escalate tense situations and gain compliance without force. The Merriam Police Department makes it a top priority to conduct comprehensive examinations of any incident when force is involved in making an arrest. It's critical to be absolutely sure each use of force was necessary and within policy. Therefore, each incident is reviewed by the officer s supervisor and a three-member Use of Force Panel for a thorough analysis. The panel and supervisor examine the reports, videos, witness statements, and other evidence to get a complete understanding of the incident. Recommendations then are made to the training committee to consider whether lessons learned from the incident could benefit all officers in future work and improve best-practice standards. All 53 use of force incidents were reviewed and found to be within department policy. We believe our comprehensive oversight makes the community safer and our officers more accountable ANNUAL REPORT 11

42 HIGHLIGHTS Merriam Police Ride Bikes to Enhance Community Policing The Merriam Police Department started a bicycle patrol unit in Four dedicated officers now patrol the City on fully equipped police bikes. Merriam Police Chief Michael Daniels said there are several advantages to having officers on bicycles. He said they are able to go into parts of the City that patrol vehicles can t access, such as the Turkey Creek Streamway Trail. He also said they help break down physical and social barriers, which make officers more approachable to residents. Having officers on bicycles whether in our parks, neighborhoods, or business districts give them an opportunity to connect with our community, further strengthening relationships with our citizens and business owners, Chief Daniels said. Incredible officer and incredible leadership. Thank you, Mayor Sissom for your role, past and present, in making our community great. And thanks, Officer Jasinski for serving our community. DAVID P. Police Officers Receive Multiple Life Saving Awards In 2018, Master Police Officer Kristin Jasinski received two Life Saving Awards and Officer April Gebke received one Life Saving Award from the Merriam Police Department. In January, MPO Jasinski was first on the scene after a resident suffered a heart attack. She used an AED and performed CPR to help revive the man. In October, MPO Jasinski applied the Heimlich maneuver on a 2-year-old girl choking on a meatball at IKEA Restaurant. In December, Officer Gebke responded to a car crash where the driver suffered from a major cardiac event. Officer Gebke used an AED to administer several shocks to the driver. All three citizens made full recoveries. Both officers said they were humbled to receive the awards. New Program to Helps with Mental Health Calls The Merriam Police Department joined the Johnson County Co- Responder Program in The program aims to help police officers when mental illness is identified as a reason for the police call. A Johnson County Mental Health Center employee is embedded with police and responds on-site with officers. The co-responder helps de-escalate situations in the field. This person also provides training for officers and advises them on best ways to respond to people with mental health issues. 12 MERRIAM POLICE DEPARTMENT

43 Pastor Joins Police Department as Volunteer Chaplain Pastor Keith Jackson joined the Merriam Police Department family in August as a volunteer chaplain. He joins the department s current chaplain, Charles Boyce. Pastor Jackson most recently served as the lead pastor in Marshall, Missouri, before joining the Antioch Church of the Nazarene as an associate pastor of community connections. He also volunteers at Crestview and East Antioch elementary schools. Pastor Boyce has served as a volunteer chaplain for the Merriam Police Department since 2004, and even served as a patrol officer with the department for nearly four years. He has since moved to Arma, Kansas, and joined Faith Bible Church but continues to spend time with Merriam police officers once a month. Words cannot express the extreme gratitude for first responders. CLAUDIA W. Promotions Merriam Police Officers Kristin Jasinski, Christopher Meyers, Vincent Rock, and Jared Ruby were promoted to master police officers (MPO) in MPOs are non-supervisory positions, but the promotion recognizes that they had high job performance evaluations. Requirements to become an MPO include serving at a police department for at least three years, 40-plus hours of specialized training, and two letters of recommendation from their supervisors. Merriam Police Detective Laura Naegele was promoted to corporal in May. Cpl. Naegele has worked for the Merriam Police Department since Before being promoted to her new position, Cpl. Naegele had worked in the investigations division since OFFICER OF THE YEAR The 2018 Merriam Police Department Officer of the Year is Master Police Officer Kristin Jasinski. MPO Jasinski started with our department in In addition to her duties as a patrol officer, MPO Jasinski holds a number of special assignments within the department. She s a field training officer, instructing newly hired officers. She s also a tactical medic instructor, an active shooter response instructor, and a member of the department s peer support team. MPO Jasinski has previously served as a member of the U.S. Army Reserve and is on the Merriam police honor guard. In 2018, MPO Jasinski was recognized for saving two lives; one involving a man having a heart attack and the other involving a choking toddler. Congratulations, MPO Jasinski 2018 ANNUAL REPORT 13

44 COMMUNITY CONNECTIONS We are a community-oriented police department. We are committed to providing the highest quality of police services by empowering our employees to work co-actively with the community toward the goal of improving the quality of life within Merriam. We are so fortunate to be a part of the City of Merriam, Kansas, and call Merriam Police Department and City officials OUR friends Thank you for making the first day of school so special for us all MERRIAM PARK ELEMENTARY To achieve this, we believe in the importance of building strong connections in our community and beyond. Throughout the year, officers participate in numerous community events some raising funds, some awareness, and some just building relationships. Officers are at all of our city-hosted events, reading in schools, chatting with our residents at Coffee with a Cop, teaching police work in the Citizens Academy, and even brightening the holidays. The police department participates in events like Polar Plunge, Heroes Pull, Popcorn Standoff at Cinemark, and the Torch Run throughout the year to raise money and awareness for Special Olympics. This year, Heroes Pull showcased 22 teams from local agencies. The teams made up of 1,500 pounds of people had to pull a fire truck and police tactical vehicle 50 feet. Through all of these events, the department raised $26,195. Another annual tradition for Merriam police officers is Guns N Hoses, a charity boxing event. Featuring boxing bouts among police, fire, and emergency service personnel within the greater Kansas City metropolitan area, the event raises money for the Kansas City Crime Commission s Surviving Spouse and Family Endowment Fund. Police Officer April Gebke and Community Service Officer Jamie Brokaw represented the City of Merriam. Officer Gebke won her fight and CSO Brokaw lost in a very close match. 14 MERRIAM POLICE DEPARTMENT

45 2018 ANNUAL REPORT 15

46 POLICE DEPARTMENT 9010 W. 62ND ST.; Merriam, Kansas MERRIAM

47 CIT Y OF MERRIAM, K ANSAS MONTHLY FINANCIAL REPORT February 2019 Finance Department

48 City of Merriam, KS Monthly Financial Report - Executive Summary February 2019 Current Month YTD YTD Over/(Under) Various Funds: Actual Actual Budget/Est YTD Budget/Est 1% City Sales Tax $ 586,944 $ 7,382,628 $ 7,293,482 $ 89,146 1/4% City Sales Tax-Storm/Street 153,380 1,924,031 1,902,581 21,450 1/4% City Sales Tax-Rec. Facilities 153,380 1,924,031 1,902,581 21,450 City Use Tax 72, , , ,417 County Sales Taxes - All 189,838 2,070,804 2,057,000 13,804 Real Property Taxes - Gen Fund $ - $ 2,886,239 $ 2,144,736 $ 741,504 Transient Guest Tax Franchise Fees 101, , ,915 (86,475) Court Fines 56, , ,167 (25,406) Expenditures General Fund - only: Current Mo. Monthly Over/(Under) Year to Date Year to Date Over/(Under) Actual Bud/Est Bud/Est Actual Bud/Est YTD Bud/Est Salaries and Benefits $ 643,871 $ 694,317 $ (50,446) $ 1,411,211 $ 1,388,634 $ 22,577 Contractual Services: OP Fire Services - 216,369 (216,369) - 432,738 (432,738) Utilities 35,192 38,403 (3,212) 36,214 76,807 (40,593) Legal 6,474 6, ,474 12,500 (6,026) Property Maint 26,713 58,850 (32,137) 72, ,699 (45,425) Specific Contractual* 22,729 20,651 2,078 43,569 41,303 2,266 Other Contractual 17,756 79,324 (61,568) 33, ,648 (125,196) Commodities: Gasoline/Diesel Fuel 8,354 12,952 (4,598) 11,567 25,903 (14,336) Other Commodities 37,330 46,968 (9,639) 56,602 93,937 (37,335) *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: Sales and use tax collections now include 12 months of 2018 revenue. Year-to-date 1% and ¼% City sales taxes are 1.2% better than revised 2018 budget estimates. Year-to-date 1% and ¼% City sales taxes are 2.85% ($272,573) less than prior year actual. o Auto sales only are 4.64% less than prior year actual. o Merriam Town Center/Johnson Drive sales only are 4.13% less than prior year actual. o Other categories are 3.65% more than prior year actual. Franchise Fees are under budget for February due to a revenue adjustment which KCPL passed on to customers in January. Because KCPL is now subject to lower federal tax rates, the Kansas Corporation Commission mandated the adjustment. As a result, Merriam will collect ~ $70,000 less in franchise fees for 2019.

49 Equipment Purchases >$5,000 City of Merriam, KS Monthly Financial Report - Executive Summary February 2019 Month Description Amount January Fire Aerial Fire Truck $893,718 February Police 2019 Toyota Camry $25,300 Public Works pressure washer $8,274 Cash and Investment Balances FHLB = Federal Home Loan Bank 15,380,000 27% FHLMC = Federal Home Loan Mortgage Corp. 6,190,000 11% FNMA = Federal National Mortgage Assn. 1,775,000 3% FFCB = Federal Farm Credit Bank 3,550,000 6% US Treasury Bills 16,595,000 29% Municipal Bonds 340,000 1% NOW Account 5,626,635 10% TD Ameritrade MMA 119,126 0% Total Investments 49,575,762 87% US Bank Cash Account 7,427,442 13% Total Cash plus Investments 57,003, %

50 City of Merriam, KS Monthly Financial Report - Executive Summary February 2019 FAQ s Question: What is the City Sales Tax rate effective January 1, 2019? 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: $2,680,000 is the current balance for the Series 2012 and $18,905,000 for Series 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: mills (2018 levy supporting 2019 budgets) Question: What is the City s assessed property valuation? Answer: $201 million per Johnson County Clerk as of November 1, 2018 Question: How much of the City s assessed property valuation is for Residential, Commercial, and Other? Answer: $82 million or 41% for Residential (including apartments); $112 million or 56% 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: 4.89 is the City s pull factor per the Kansas Department of Revenue (December 2017 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.

51 City of Merriam Sales Tax Comparison (Excludes.25% Recreational Facilities Sales Tax) YTD 2018 vs 2017 $10,000,000 $9,000,000 $8,000,000 $7,000,000 $6,000,000 Other City Sales Tax, $1,101,837 11% Other Auto, $550,274 6% Telecom/Utilities, $357,552 4% Johnson Drive Retail, $2,098,826 23% Other City Sales Tax, $1,054,723 10% Other Auto, $544,035 6% Telecom/Utilities, $340,149 4% Johnson Drive Retail, $2,189,241 23% $5,000,000 $4,000,000 $3,000,000 $2,000,000 Automobiles, $5,198,170 56% Automobiles, $5,451,084 57% $1,000,000 $- YTD 2018 YTD 2017

52 Through: February 2019 CITY SALES TAX (Regular 1%) Month Comparison Average Collected/Received and Jan/Mar 429, , , , , ,653 (61,326) 547,442 Feb/Apr 376, , , , , ,842 57, ,865 Mar/May 463, , , , , ,156 (45,041) 584,949 Apr/Jun 456, , , , , ,115 96, ,005 May/Jul 457, , , , , ,703 (10,068) 613,133 Jun/Aug 565, , , , , ,140 7, ,000 Jul/Sep 562, , , , , ,170 (49,862) 659,493 Aug/Oct 597, , , , , ,628 (5,743) 664,530 Sep/Nov 495, , , , , ,224 (57,701) 595,778 Oct/Dec 533, , , , , ,523 (62,901) 600,787 Nov/Jan 568, , , , , ,531 (23,593) 601,810 Dec/Feb 581, , , , , ,944 (59,929) 630,017 Total 6,089,964 6,914,867 7,449,269 7,827,566 7,597,377 7,382,628 (214,749) 7,175,808 YTD February ,089,964 6,914,867 7,449,269 7,827,566 7,597,377 7,382,628 Average Collections Between $ 7,175,808 Estimated Revised 7,293,482 Estimate Based on Current Collection Rate 7,382,628 Over/(Under) at Current Collection Rate $ 89,146

53 1% City Sales Tax Year to Date Comparison (use tax not included) $8,000,000 $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $

54 CITY SALES TAX (1/4% - Stormwater & Streets, effective Jan 1, 2011, ending Dec 31, 2020) Through: February 2019 Month Comparison Average Collected/Received and Jan/Mar 107, , , , , ,413 (21,840) 141,497 Feb/Apr 94, , , , , ,546 20, ,304 Mar/May 115, , , , , ,202 (11,214) 150,971 Apr/Jun 114, , , , , ,844 23, ,881 May/Jul 114, , , , , ,851 (3,323) 157,841 Jun/Aug 141, , , , , ,365 1, ,459 Jul/Sep 140, , , , , ,252 (14,934) 170,372 Aug/Oct 149, , , , , , ,544 Sep/Nov 123, , , , , ,113 (14,476) 154,758 Oct/Dec 133, , , , , ,815 (16,291) 155,964 Nov/Jan 142, , , , , ,339 (6,290) 156,493 Dec/Feb 145, , , , , ,380 (15,304) 163,573 Total 1,522,491 1,766,283 1,958,559 2,044,092 1,981,855 1,924,031 (57,823) 1,854,656 YTD February ,522,491 1,766,283 1,958,559 2,044,092 1,981,855 1,924,031 Average Collections Between $ 1,854,656 Estimated Revised 1,902,581 Estimate Based on Current Collection Rate 1,924,031 Over/(Under) at Current Collection Rate $ 21,450

55 CITY SALES TAX (1/4% - Recreational Facilities, effective Jan 1, 2018, ending Dec 31, 2027) Through: February 2019 Month Collected/Received 2018 Jan/Mar 132,413 Feb/Apr 164,546 Mar/May 159,202 Apr/Jun 170,844 May/Jul 165,851 Jun/Aug 176,365 Jul/Sep 166,252 Aug/Oct 179,911 Sep/Nov 146,113 Oct/Dec 157,815 Nov/Jan 151,339 Dec/Feb 153,380 Total 1,924,031 YTD 2018 February ,924,031 Estimated Revised $ 1,902,581 Estimate Based on Current Collection Rate 1,924,031 Over/(Under) at Current Collection Rate $ 21,450

56 Through: February 2019 CITY USE TAX * (1.50% effective Jan 1, 2018, 1.25% prior years) Month Comparison Average Collected/Received and Jan/Mar 54,303 77,095 38,593 39,717 41,068 55,165 14,097 50,155 Feb/Apr 44,157 75,466 47,210 36,535 41,117 44,762 3,645 48,897 Mar/May 82,905 96,096 58,503 48,686 46,167 72,113 25,947 66,472 Apr/Jun 58,854 68,701 45,793 49,281 40,197 78,365 38,169 52,565 May/Jul 90, ,678 48,767 28,682 39,300 53,770 14,470 73,424 Jun/Aug 89, ,766 51,635 48,787 45,665 53,546 7,880 67,649 Jul/Sep 55,464 85,830 45,551 44,854 41,455 56,892 15,437 54,631 Aug/Oct 121,887 63,160 45,296 39,447 46,047 55,103 9,056 63,167 Sep/Nov 73, ,417 30,449 44,789 52,239 47,492 (4,747) 66,861 Oct/Dec 61,461 75,031 42,577 37,236 41,623 54,762 13,139 51,586 Nov/Jan 93,439 80,456 38,250 40,162 52,663 63,649 10,986 60,994 Dec/Feb 64, ,997 43,804 49,866 52,544 72,797 20,253 63,099 Total 890,244 1,122, , , , , , ,498 YTD February ,244 1,122, , , , ,417 Average Collections Between $ 719,498 Estimated Revised 500,000 Estimate Based on Current Collection Rate 708,417 Over/(Under) at Current Collection Rate $ 208,417 * 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.

57 Through: February 2019 JOHNSON COUNTY SALES AND USE TAX (City Share of Regular.5% County Sales/Use Tax) Month Comparison Average Collected/Received and Jan/Mar 80,021 84,640 89,078 87,153 88,372 93,979 5,606 85,853 Feb/Apr 68,406 83,785 83,842 86,603 90,888 85,503 (5,386) 82,705 Mar/May 84,099 91,006 92,338 96,963 99, ,037 2,704 92,748 Apr/Jun 82,208 93,916 93,747 94,086 89,784 97,820 8,036 90,748 May/Jul 91,121 93,614 95,251 90,716 96, ,354 5,960 93,419 Jun/Aug 87,015 98, , , , ,830 1,796 98,166 Jul/Sep 84,080 92,813 99, ,059 98,683 94,908 (3,776) 94,960 Aug/Oct 89,418 94,308 97,123 99, , ,533 (594) 96,230 Sep/Nov 82,420 94,498 97, , ,264 94,055 (9,209) 95,920 Oct/Dec 86,379 88,106 96,733 93,738 94,396 93,218 (1,178) 91,871 Nov/Jan 89,888 94,962 96,928 94,754 98, ,279 6,209 94,921 Dec/Feb 100, , , , , ,479 (3,932) 108,711 Total 1,025,878 1,121,922 1,146,444 1,160,251 1,176,755 1,182,993 6,238 1,126,250 YTD February ,025,878 1,121,922 1,146,444 1,160,251 1,176,755 1,182,993 Average Collections Between $ 1,126,250 Estimated Revised 1,175,000 Estimate Based on Current Collection Rate 1,182,993 Over/(Under) at Current Collection Rate $ 7,993

58 JOHNSON COUNTY PUBLIC SAFETY TAX (City Share of 1/4% County Sales/UseTax - effective Jan 1, 1995) * Through: February 2019 Month Comparison Average Collected/Received and Jan/Mar 20,005 21,160 22,270 21,788 22,093 23,495 1,402 21,463 Feb/Apr 17,102 20,946 20,961 21,651 22,722 21,376 (1,346) 20,676 Mar/May 21,025 22,751 23,085 24,241 24,833 25, ,187 Apr/Jun 20,552 23,476 23,437 23,522 22,446 24,455 2,009 22,687 May/Jul 22,780 23,404 23,813 22,679 24,098 25,588 1,490 23,355 Jun/Aug 21,754 24,604 25,210 25,131 26,009 26, ,541 Jul/Sep 21,020 23,203 24,791 25,015 24,671 23,727 (944) 23,740 Aug/Oct 22,355 23,577 24,281 24,794 25,282 25,133 (148) 24,058 Sep/Nov 20,605 23,625 24,402 25,452 25,816 23,514 (2,302) 23,980 Oct/Dec 21,595 22,027 24,183 23,434 23,599 23,305 (294) 22,968 Nov/Jan 22,472 23,741 24,195 23,689 24,518 26,070 1,552 23,723 Dec/Feb 25,206 27,965 25,912 28,667 28,103 27,120 (983) 27,170 Total 256, , , , , ,749 1, ,548 YTD February , , , , , ,749 Average Collections Between $ 281,548 Estimated Revised 294,000 Estimated Collection Rate 295,749 Over/(Under) at Current Collection Rate $ 1,749 * This County special "Jail Tax" has no sunset date.

59 Through: February 2019 JOHNSON COUNTY PUBLIC SAFETY TAX (City Share of 1/4% County Sales/Use Tax - effective Jan 1, 2009) * Month Comparison Average Collected/Received and Jan/Mar 20,005 21,160 22,270 21,788 22,093 23,495 1,402 21,463 Feb/Apr 17,102 20,946 20,961 21,651 22,722 21,376 (1,346) 20,676 Mar/May 21,025 22,751 23,085 24,241 24,833 25, ,187 Apr/Jun 20,552 23,479 23,437 23,522 22,446 24,455 2,009 22,687 May/Jul 22,780 23,404 23,813 22,679 24,098 25,588 1,490 23,355 Jun/Aug 21,754 24,604 25,210 25,131 26,009 26, ,541 Jul/Sep 21,020 23,203 24,791 25,015 24,671 23,727 (944) 23,740 Aug/Oct 22,355 23,577 24,281 24,794 25,282 25,133 (148) 24,058 Sep/Nov 20,605 23,625 24,402 25,452 25,816 23,514 (2,302) 23,980 Oct/Dec 21,595 22,027 24,183 23,434 23,599 23,305 (294) 22,968 Nov/Jan 22,472 23,741 24,232 23,689 24,518 26,070 1,552 23,730 Dec/Feb 25,206 27,965 25,948 28,667 28,103 27,120 (983) 27,178 Total 256, , , , , ,749 1, ,563 YTD February , , , , , ,749 Average Collections between $ 281,563 Estimated Revised 294,000 Estimate Based on Current Collection Rate 295,749 Over/(Under) at Current Collection Rate $ 1,749 * This County special Public Safety tax has no sunset date.

60 JOHNSON COUNTY PUBLIC SAFETY TAX (City Share of 1/4% County Sales/Use Tax - effective April 1, 2017) * (Used for CIP Projects) Through: February 2019 Month Collected/Received Jan/Mar n/a 23,457 Feb/Apr n/a 21,336 Mar/May n/a 25,421 Apr/Jun 22,395 24,397 May/Jul 24,062 25,526 Jun/Aug 25,932 26,387 Jul/Sep 24,642 23,727 Aug/Oct 25,225 25,133 Sep/Nov 25,776 23,514 Oct/Dec 23,564 23,305 Nov/Jan 24,388 26,990 Dec/Feb 27,991 27,120 Total 223, ,313 YTD February 2019 n/a 296,313 Estimated Revised 294,000 Estimate Based on Current Collection Rate 296,313 Over/(Under) at Current Collection Rate 2,313 * This County special "Courthouse" tax will expire March 31, 2027.

61 February 2019 REVENUE SUMMARY BY FUND Fund YTD Monthly YTD % Number Revenues Budget/Est. Actual Collections Balance Budget/Est. 001 General Fund $ 17,569,400 $ 5,131,986 $ 1,099,018 $ 12,437, % 201 Special Highway Fund 304,870 77, , % 202 Special Alcohol Fund 24, , % 203 Special Park & Rec 24, , % 204 Transient Guest Tax 474, ,292 5, , % 221 Risk Management Reserve 7, , % 222 Equipment Reserve Fund 740, ,884 82, , % 301 Capital Improvement Fund 1,136, , I-35 District CIP Fund 26, Bond and Interest Fund 3,224, , ,507 2,581, % 402 TIFA-Merriam Town Center TIFB-I35 District 1,892, Special Law Enforcement-State/Local TOTAL $ 22,369,731 $ 9,175,957 $ 1,954,271 $ 16,249,423 Average Rate of Sales Tax Collections Should Be: 16.67% Average Rate of Other Collections Should Be: 16.67%

62 February 2019 EXPENDITURE SUMMARY BY FUND Fund YTD Monthly YTD % Number Expenditures Budget/Est. * Actual Expenditures Encumbrances Balance Budget/Est. 001 General Fund $ 18,876,122 $ 2,509,905 $ 1,239,693 $ 737,321 $ 15,628, % 201 Special Highway Fund 565,000 1,589 1,306 3, , % 202 Special Alcohol Fund 27,000 6,838 3,196-20, % 203 Special Park & Rec 33, , % 204 Transient Guest Tax 610,471 70,946 30,861 11, , % 221 Risk Management Reserve 30,000 5,061 7,464-24, % 222 Equipment Reserve Fund 1,751, ,291 33, , , % 301 Capital Improvement Fund 927, , , I-35 District CIP Fund 384, , Bond and Interest Fund 3,191, ,191, % 402 TIFA-Merriam Town Center TIFB-I35 District 1,230,240 1,222, Special Law Enforcement-State/Local - - 1,455 TOTAL $ 25,083,757 $ 6,064,408 $ 3,740,838 $ 1,327,421 $ 20,632,518 Average Expenditure Rate Should Be: 16.67% * Excludes budgeted reserves and contingencies

63 February 2019 EXPENDITURE SUMMARY BY DEPARTMENT GENERAL FUND - YEAR-TO-DATE Actual 2019 Annual Year-to-date % of Budget Year-to-date Over/(Under) Department Budget/Est. Actual Used Actual Actual 2018 City Council $ 84,020 $ 13, % $ 11,711 $ 1,395 Administration 1,131, , % 174,471 15,020 Municipal Court 344,967 56, % 50,507 5,860 Info Services 474,172 75, % 65,538 10,308 General Overhead General 306,200 72, % 74,349 (2,034) Utilities 263,728 22, % 24,219 (1,385) Property Maintenance 274,001 9, % 14,362 (4,752) Risk Management 191, % - - Legal 81,742 6, % 8,087 (1,098) Employee Benefits 47,225 2, % 3,882 (1,004) Interfund Transfers 4,671, , % 816,085 (15,589) Contingency Usage * % - - Police 4,190, , % 671,462 7,137 Fire 2,763,181 (26,524) -0.96% (32,749) 6,225 Public Works 2,319, , % 355,374 12,080 Parks & Rec 898, , % 114,151 (5,055) Aquatic Center 39, % 4,582 (4,582) Community Dev 795, , % 124,218 7,130 Total General Fund $ 18,876,121 $ 2,509, % $ 2,480,247 $ 29,657 Average Expenditure Rate Should Be: 16.67% * Excludes budgeted reserves and contingencies

64 INVESTMENT REPORT

65 Investment Listing by Maturity Date 2/28/2019 Purchase Par Maturity Monthly Type Location Date Amount Date Yield Subtotal NOW Morrill & Janes 12/20/06 5,626,635 N/A 1.250% $ 5,626,635 Treasury MMA TD Ameritrade 09/01/16 119,126 N/A 0.010% $ 119,126 AGENCY-FHLB Country Club 12/14/17 375,000 03/08/ % AGENCY-FHLB TD Ameritrade 06/15/18 500,000 03/08/ % AGENCY-FHLB TD Ameritrade 01/31/19 2,005,000 03/22/ % $ 2,880,000 AGENCY-FHLB TD Ameritrade 07/26/17 1,000,000 04/26/ % AGENCY-FNMA TD Ameritrade 11/14/18 500,000 04/26/ % TBILL TD Ameritrade 07/13/17 1,000,000 04/30/ % TBILL TD Ameritrade 09/28/18 10,610,000 04/30/ % $ 13,110,000 AGENCY-FNMA TD Ameritrade 11/01/18 500,000 05/24/ % AGENCY-FHLMC TD Ameritrade 11/19/18 400,000 05/30/ % AGENCY-FHLB TD Ameritrade 01/31/19 2,720,000 05/31/ % $ 3,620,000 AGENCY-FFCB TD Ameritrade 06/20/16 500,000 06/20/ % TBILL TD Ameritrade 01/31/19 3,000,000 06/27/ % AGENCY-FHLB Country Club 11/02/17 400,000 06/28/ % AGENCY-FHLB TD Ameritrade 06/28/17 500,000 06/28/ % AGENCY-FHLB TD Ameritrade 07/12/17 400,000 06/28/ % $ 4,800,000 AGENCY-FHLB Country Club 07/25/17 300,000 07/12/ % AGENCY-FHLMC Country Club 10/25/18 675,000 07/19/ % AGENCY-FHLMC TD Ameritrade 07/17/18 100,000 07/30/ % TBILL TD Ameritrade 07/13/17 500,000 07/31/ % $ 1,575,000 MUNICIPAL BOND TD Ameritrade 02/23/17 100,000 08/01/ % AGENCY-FHLMC TD Ameritrade 11/08/16 200,000 08/15/ % AGENCY-FHLB TD Ameritrade 08/15/18 500,000 08/15/ % AGENCY-FNMA TD Ameritrade 08/31/17 525,000 08/23/ % $ 1,325,000 MUNICIPAL BOND TD Ameritrade 09/15/17 140,000 09/01/ % AGENCY-FHLMC TD Ameritrade 07/13/17 1,000,000 09/20/ % AGENCY-FFCB Country Club 10/06/17 300,000 09/26/ % AGENCY-FHLMC TD Ameritrade 07/13/17 500,000 09/27/ % AGENCY-FNMA TD Ameritrade 09/30/16 250,000 09/30/ % TBILL TD Ameritrade 02/07/19 1,000,000 09/30/ % $ 3,190,000 AGENCY-FHLMC Country Club 04/18/18 300,000 10/28/ % AGENCY-FHLMC TD Ameritrade 10/30/17 750,000 10/30/ % AGENCY-FHLB TD Ameritrade 01/31/18 190,000 10/30/ % $ 1,240,000 AGENCY-FFCB Country Club 07/28/17 700,000 12/26/ % AGENCY-FHLMC TD Ameritrade 06/30/16 500,000 12/30/ % $ 1,200,000 AGENCY-FHLB TD Ameritrade 09/07/18 570,000 01/23/ % AGENCY-FFCB Country Club 05/25/18 350,000 01/30/ % $ 920,000

66 Investment Listing by Maturity Date 2/28/2019 Purchase Par Maturity Monthly Type Location Date Amount Date Yield Subtotal TBILL Country Club 08/15/18 242,500 02/15/ % TBILL Country Club 08/15/18 242,500 02/15/ % $ 485,000 AGENCY-FHLB TD Ameritrade 04/17/18 350,000 03/05/ % AGENCY-FHLB Country Club 03/09/18 350,000 03/06/ % AGENCY-FHLB Country Club 03/13/18 520,000 03/13/ % AGENCY-FHLB TD Ameritrade 11/08/16 300,000 03/13/ % AGENCY-FHLB TD Ameritrade 03/27/18 300,000 03/27/ % $ 1,820,000 AGENCY-FFCB TD Ameritrade 10/03/17 500,000 04/03/ % AGENCY-FFCB Country Club 01/25/19 650,000 04/24/ % AGENCY-FHLB TD Ameritrade 10/30/17 500,000 04/30/ % $ 1,650,000 AGENCY-FHLMC TD Ameritrade 05/17/18 500,000 05/15/ % $ 500,000 AGENCY-FHLB TD Ameritrade 11/08/18 500,000 06/12/ % $ 500,000 AGENCY-FHLB TD Ameritrade 07/13/17 1,000,000 07/13/ % AGENCY-FFCB TD Ameritrade 12/28/17 550,000 07/27/ % $ 1,550,000 MUNICIPAL BOND TD Ameritrade 10/10/17 100,000 08/01/ % $ 100,000 AGENCY-FHLB TD Ameritrade 09/28/17 750,000 09/28/ % $ 750,000 AGENCY-FHLB TD Ameritrade 02/01/17 100,000 10/30/ % $ 100,000 AGENCY-FHLMC TD Ameritrade 06/08/18 250,000 11/25/ % $ 250,000 AGENCY-FHLB TD Ameritrade 11/28/17 500,000 01/19/ % $ 500,000 AGENCY-FHLMC TD Ameritrade 03/14/17 500,000 02/26/ % AGENCY-FHLMC TD Ameritrade 11/16/17 515,000 02/26/ % $ 1,015,000 AGENCY-FHLB TD Ameritrade 11/30/17 500,000 04/28/ % $ 500,000 AGENCY-FHLB TD Ameritrade 03/14/18 250,000 06/14/ % $ 250,000 Weighted Yield 1.872% $ 49,575,762

67 AGENDA ITEM INFORMATION FORM AGENDA ITEM: SUBMITTED BY: Consider the approval of purchases necessary to install 92 residential and decorative streetlights. Kevin Bruemmer, Public Works Director MEETING DATE: March 11, 2019 PROJECT BACKGROUND/DESCRIPTION: The 2019 CIP for streetlights includes 67 th Street. (Antioch to east city limits) Switzer 49 th to 55 th St. Mastin St (Johnson Drive to SMPKY) 59 th Terr and Burnham Place sub-division (Community Development Block Grant (CDBG)) see attached map. 67th Street will receive the black decorative lights approved in 1996 the residential areas will receive the residential style streetlight approved in A total of 92 streetlights will be installed (50 black decorative lights and 42 residential lights). Excluding the value of in-house labor and equipment, the projected cost is $422, as follows: Streets/area # of Lights Cost Budget/funding Project/funding source 67 th Antioch to west City limits 50 $218, $290, CARS Streetlight equipment Switzer 49 th to 55 th 15 $68, $200, Overlay Supplement Burnham Place CDBG 15 $69, $150, Residential Streetlights Mastin Johnson to SMPKY 12 $65, Residential Streetlights The City applied for $77,785 in CDBG grant funds but was approved for only $27,775 Net cost to Merriam (excluding equipment and labor) for the 92 streetlights is $394, We would like to use funds available from the Overlay Supplement to complete the Switzer streetlight project as we are scheduled to be on Switzer with our 2019 mill and overlay program. To lessen the burden on the residents we will complete the streetlight installation during the same construction season. The major components (foundations, poles, fixtures) are purchased directly from a sole source vendor that matches the components already installed in Merriam. The poles and fixtures will be purchased from Sentry Electric, the foundations and controllers will be purchased from Electrical Midwest. The wire, conduit, connectors and pull boxes will be purchased from Graybar through U.S Communities which allows municipalities to save money on products due to large volume purchasing. This association has developed efficient purchasing methods and practices in governmental procurement. They encourage ethical standards in buying and selling and promote uniform public purchasing laws and simplified standards of specifications. The purchase through U.S Communities is in lieu of the City of Merriam soliciting bids because all contracts are competitively solicited by a lead agency. CITY COUNCIL GOALS AND OBJECTIVES 3.2 Sustain capital improvement efforts

68 FINANCIAL IMPACT Amount of Purchases: $422, Amount Budgeted: $200, Overlay Supplement project # GM0303 $150, Residential Streetlights project # GM0403 $290, CARS Streetlight equipment project # GC1901 Funding Source/Account #: Capital Improvement Fund #301: Construction Services/Overlay Supplement Streetlight Installation/Residential Streetlights Construction Services/67 th Street SUPPORTING DOCUMENTS Streetlight map ACTION NEEDED/STAFF RECOMMENDATION Allow the City Administrator to approve all purchase orders associated with the purchase and installation of 92 streetlights not to exceed $422,468.96

69 KNOX ST HAYES AVE SWITZER RD W 47TH ST CARTER AVE W 47TH TER W 48TH ST KESSLER ST W 48TH ST EBY ST W 48TH ST W 47TH TER W 48TH ST W 48TH TER W 49TH PL PERRY LN SWITZER RD PERRY AVE W 51ST TER PERRY LN PERRY LN MASTIN ST MASTIN ST WEDD ST W 51ST TER W 49TH PL W 50TH TER W 49TH ST W 49TH TER W 51ST ST W 51ST TER KNOX AVE W 49TH TER HAYES ST GRANT ST ENGLAND ST ENGLAND ST W 49TH TER W 50TH TER BOOKER DR GRANDVIEW AVE W 51ST ST W 51ST TER BENSON ST MERRIAM DR BENSON ST ANTIOCH RD 2019 Streetlight Progam W 52ND TER W 53RD TER FARLEY LN W 51ST PL W 52ND ST W 53RD ST GARNER LN W 53RD TER W 54TH ST HAYES ST ACCESS RD ENGLAND ST ANTIOCH TO I35 SB RAMP C.A.R.S. 50 CDBG 15 Residential 12 {Overlay 15 ± SWITZER RD W 54TH ST MASTIN ST W 55TH ST FARLEY ST KNOX AVE W 54TH ST ANTIOCH DR W 55TH TER MACKEY ST W 54TH TER W 55TH ST W 55TH TER W 55TH TER FRONTAGE RD PERRY AVE W 56TH TER BRITTANY ST MASTIN DR PERRY LN W 57TH ST HOCKER DR W 60TH TER MASTIN ST W 59TH TER W 62ND ST SHERWOOD LN W 65TH ST W 56TH TER W 60TH TER MASTIN ST ALVARADO ST BLACKHOOF TRL W 60TH ST BALBOA ST W 62ND TER W 65TH DR W 65TH PL WEDD PL W 56TH ST WEDD ST W 56TH TER CORTEZ ST CONNELL DR W 61ST ST W 56TH ST W 56TH TER W 57TH PL HOCKER DR E SHAWNEE MISSION PKWY CARTER ST W 59TH TER KNOX ST KNOX AVE CARS CARTER AVE GRANT ST MERRIAM LN HAYES ST W CAMPBELL LN W 61ST ST W 65TH ST W 67TH ST W 67TH TER W 57TH ST KESSLER LN W 58TH TER S I35 HWY N I35 HWY JOHNSON TO I35 SB RAMP E FRONTAGE RD I35 SB TO JOHNSON RAMP GRANDVIEW ST EBY AVE CDBG W 65TH DR IKEA WAY EBY PL SLATER ST JOHNSON DR LEE DR W 60TH TER W 62ND TER LEE DR W 64TH PL W 66TH ST W 66TH TER W 56TH TER W 57TH ST ANTIOCH RD MACKEY ST TERRYDALE ST MACKEY ST WOODWARD ST W 56TH ST W 60TH ST WOODWARD ST W 64TH TER HADLEY ST HADLEY ST ACCESS RD ACCESS RD HADLEY ST HEMLOCK ST HADLEY ST W 57TH ST W 57TH TER W 58TH ST W 59TH TER HEMLOCK ST GOODMAN DR GOODMAN ST SHAWNEE MISSION PKWY HEMLOCK ST GOODMAN ST W 56TH TER W 61ST ST W 63RD TER GOODMAN DR W 64TH ST W 64TH TER HARDY ST W 65TH ST CRAIG RD LOWELL ST W 59TH TER W 60TH ST HARDY ST W 60TH TER W 67TH ST LOWELL DR W 68TH ST Date: 3/7/2019

70 INTEROFFICE MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: KEVIN BRUEMMER, PUBLIC WORKS DIRECTOR SUBJECT: FEBRUARY CIP UPDATE DATE: MARCH 11, 2019 HIGHLIGHTS Johnson Drive Reconstruction (Kessler to West City Limits) Project is completed and final payment has been made. The contractor has a few items to address as part of the Maintenance Bond Storm Drain Repairs This project is substantially completed, and remaining items include minor backfill, asphalt wedging, and restoration around curb inlets as soon as the weather allows Sidewalk In-Fill GBA is nearing completion of the preliminary design and is on track for our Public Meeting in March, and anticipates going out to bid in April CARS 67 th Street Improvements Based on feedback from our Public Meeting, Affinis has recommended the safest approach in which walkers would have access to the trail on the east side of Turkey Creek. Switzer Mill and Overlay In collaboration with the City of Shawnee, we have entered into an Inter-Local Agreement for improvements to Switzer Road. These improvements include replacing curb/gutters, repairs to existing sidewalk, placement of ADA sidewalk ramps, and asphalt surface mill/overlay. Limits of this project will be from 47 th Street to 55 th Street, and 69 th Street to 75 th Street. March 7 th cs CITY OF MERRIAM, KANSAS // 9001 W. 62nd St. // // merriam.org