City Council

MINUTES OF THE CITY COUNCIL MEETING CITY OF MISSION HILLS, KANSAS November 8, 2021 The City Council of the City of Mission Hills, Kansas held a regular meeting on November 8, 2021 at 5:30 p.m. PRESIDING: Mayor David W. Dickey PRESENT: Councilpersons Bill Bruning, Barbara Nelson, Braden Perry, Eden Thorne and Andy Weed ABSENT: None ALSO PRESENT: Jennifer Lee, City Administrator; Justin Carroll, Assistant City Administrator; Meghan Woolbright, City Clerk; Spencer Jones, City Treasurer; Anna Krstulic, City Attorney; Anna Italiano, Recording Secretary; Jesse Kirk, City Arborist; Connor Mountford, Planning Management Intern; Police Chief Byron Roberson, Prairie Village Police Department (“PVPD”) VISITORS: Tim McQuaid, 6436 Norwood Road; Julian Garcia, Shawnee Mission Post; John Blessing, Ryan White, Kevin Hartell and Jacob Biermann, Waste Management; Tyler Riordan, Republic Trash Services Mayor Dickey called the meeting to order at 5:30 p.m. MAYOR GREETINGS AND INTRODUCTIONS Following the pledge of allegiance, Mayor Dickey greeted visitors and noted that the order of the agenda could be adjusted to accommodate the interests of the visitors. APPROVAL OF COUNCIL MINUTES – October 11, 2021 Councilperson Nelson moved to approve the minutes from the October 11, 2021 meeting. Councilperson Bruning seconded. Councilperson Thorne noted that there is a typo on page 3 in the second line of the third paragraph. There is also a typo on page 12 and “one” should be “done”. The time needs to be changed to 7:47 p.m. Mayor Dickey said that on page 12, he was speaking of Mayor Mikkelson, not Captain McCullough. Councilperson Nelson accepted the changes. Approved 5-0. 1 PUBLIC SAFETY A. Police Report Mayor Dickey stated that he and the City Council spent two hours with Chief Roberson, most of his command staff and Deputy Chief last Wednesday discussing a lot of important things about future plans to make the City more safe. Chief Roberson said that the aggravated assault at Verona Columns was discussed at the public safety meeting and the investigation is still open. The PVPD recovered a vehicle that might have been involved, and it is at the Johnson County crime lab for forensics. There are some other investigative tools that they are waiting for information from. There was an aggravated burglary, but nothing was stolen. There were burglaries on Mission Drive a few days apart, one of which was a second-floor entry. Second- floor burglaries are not very common, and they believe the person looked around for an easy way in. There was a stairwell around back and the suspect got on the light fixture and hopped onto the second-floor balcony, which the PVPD was able to piece together with footprints. There was no video evidence but crimes like this are put together with other cases around the area and the PVPD always talks to neighboring jurisdictions. There was a theft of a vehicle and a trailer. There were also thefts from two vehicles, one on Mission Drive and another on Tomahawk Road. Both cars were unlocked with numerous items inside. There were more accidents than normal but nothing that seemed to be out of the ordinary. There were no problems with roadways or signs and October was almost the same as September. Chief Roberson stated that the PVPD is still ramping up patrols, especially on the north end of town. They also make frequent stops, especially after dark. Mayor Dickey asked about the assault in the south part of the City. Chief Roberson replied that he will have to check the details, but the report does not always include domestic situations. Councilperson Weed asked for feedback on the Coffee with a Cop event. Chief Roberson replied that they had a very good turnout, and he met a lot of residents that he has never spoken with before. Councilperson Weed asked if there is any recurring topic that was discussed. Chief Roberson replied that he received support for the PVPD and had a few residents say they will try to do better about leaving cars and homes unlocked. He said that he also spoke with a gentlemen about getting better cameras on his home because he has a view of Verona Columns and Mission Drive. He said that a lot of residents were receptive to the idea of more cameras, they just need to know where to start. Councilperson Nelson said that the Homes Association meeting in January of 2022 would be a good place to discuss that topic as well. Chief Roberson agreed, noting that the PVPD is planning on reaching out to a few different security camera vendors and will have that information available. B. Fire District Report No additional fire report was given. 2 OLD BUSINESS A. Discussion of Additional Intersection Cameras and License Plate Readers (LPR) Captain Washington said that the cost to add cameras and LPRs at all boundary and internal locations identified by the Police department would be approximately $384,000. He said Council had approved LPRs at 63rd Street and State Line Road and Tomahawk Road and Mission Road. Captain Washington said the Police Department is now looking for direction from the Council on whether they want to pursue any additional intersections. Councilperson Thorne asked if the City would share the cost with Kansas City, Missouri for the traffic cameras on State Line Road. Captain Washington said that he contacted Kansas City, Missouri for access to the traffic box at the corner of 63rd Street and State Line Road and added that at this time Kansas City is contemplating running fiber south for as far as they can go, and the cost for fiber alone would be $250,000 before the equipment. He said that there is fiber at 71st and Mission Road and added that the City is sharing the cost at Tomahawk Road and Mission Road with Prairie Village. Councilperson Nelson asked if Belinder Circle should be an area of importance. Captain Washington replied that it is listed as a top priority internal location because the Police try to box potential suspects into where they can be seen when they are driving or walking through the City. He said that Belinder Circle is a connecting point for a lot of streets and added the Police prioritized the list to encourage starting at the more major areas. He referenced the Council packet and said the blue and yellow locations are the first and second priorities at City boundary and internal locations. Councilperson Nelson said that they are trying to maintain the look of the City, but cameras are important. Captain Washington noted that there is a black-coated option for cameras and LPRs, and they have to be at least 10 feet off the ground. Councilperson Nelson asked if the cameras need a certain amount of light. Captain Washington answered no, they will capture images during the day and night. Councilperson Bruning asked if the purpose of the cameras is to capture people coming in and out or traveling within the City. Captain Washington answered both. He said that person or vehicle descriptions help investigations. Councilperson Thorne asked if there will be cameras and LPRs in the same location or one or the other. Captain Washington replied that if there is a camera, there will probably be an LPR fairly close. Councilperson Nelson asked about the technology. Captain Washington replied that the equipment is called Genetec and the installer is Electronic Technology, Inc. and the PVPD has an agreement with this firm for equipment. Councilperson Nelson asked if Prairie Village is also placing this equipment at intersections. Captain Washington answered yes, at Somerset and Mission Road, 79th Street and Mission Road and possibly 75th Street and Mission Road. Chief Roberson said that all the equipment in Prairie Village is Genetec and the PVPD can share all the cameras. Captain Washington noted the cameras in Overland Park are feeding into the Prairie Village dispatch center. Councilperson Nelson asked if the cameras in Prairie Village are residential in nature. Chief Roberson answered they are not really geared toward residential, but rather main thoroughfares that feed into residential areas. He said that most of the bad actors travel into the area from somewhere else 3 and the cameras are not capturing residents leaving their homes. Councilperson Nelson said that the City needs to do the major thoroughfares and noted that those unfamiliar with the City have a difficult time navigating the neighborhoods. Chief Roberson agreed and said that the City is not easy to drive through. Councilperson Perry said that the boundary locations in the first priority column stick out to him as immediately necessary. He said that the cameras are a significant expense so they should address the boundary locations until the City has more concrete budget numbers for next year. He said that they can add more cameras as needed, but it would be too expensive to do them all this year. Mayor Dickey suggested that the City do the first and second priority boundary and internal locations and utilize the budget flexibility from the American Recovery and Reimbursement Act (ARPA) funding the City received this year. Councilperson Perry asked about the amount. Mayor Dickey answered approximately $230,157 and noted that additional boundary and interior locations could be added as needed, once they see how it operates in real life. Councilperson Perry asked if there is an existing pole on Belinder Circle. Captain Washington answered yes, there is a pole to the east facing north that would capture the Belinder Circle traffic and another camera would be added onto the stop sign facing south to capture the side streets. Councilperson Perry asked if any additional poles would need to be erected. Captain Washington answered no, all cameras would be placed on existing poles. Councilperson Thorne asked if Verona Columns cameras were included. Mayor Dickey answered yes. Ms. Lee referenced the packet and said that the proposal is for all locations listed in blue and yellow on the color-coded sheet. She noted that the locations in green have already been approved. Councilperson Bruning asked if the cost for installation is approximately $250,000. Mayor Dickey answered yes. He said that this is a high priority item for residents, and they can evaluate how the cameras work in real life to determine if more locations should be added. Councilperson Bruning moved to approve the first and secondary priority locations for boundary and internal locations as listed. Councilperson Nelson seconded. Councilperson Perry asked about the timeline of the installation. Captain Washington replied that he hopes to start with the green locations next week. Councilperson Nelson asked about up-keep. Captain Washington replied that there should be no upkeep, and the equipment warranties are for five years. He said that he has been assured that there are no problems, noting that ETI is the main manufacturer for the metro. Councilperson Perry said that this is good as a priority before the holidays. Mayor Dickey said that the initial install is what costs the most. Ms. Lee stated that the only ongoing cost is the Aircards, which are $39 per month per camera. Captain Washington said that he will get the City a number as to how many Aircards will be needed for the intersections approved. Mayor Dickey asked if some Aircards will have fiber to tap into. Captain Washington answered no. Chief Roberson said that newer developments in south and west Johnson County have been installing fiber, but the previously built environment of the northeast Johnson County has limited fiber. Councilperson Nelson asked if there is a downside to the cameras. Chief Roberson answered no 4 and added they will not completely deter crime, but they will increase the chances of catching criminals. He said that when a vehicle that has been flagged by the LPR system enters the City the PVPD will be notified and can respond. Councilperson Perry asked if this would replace current LPRs. Chief Roberson answered no. Councilperson Bruning said that the cameras and LPRs are not attractive so there may be some pushback, but they will increase safety. Mr. McQuaid asked what will happen if one of the cameras gets damaged. Captain Washington replied that they are hard to damage but the first 5 years are covered under the product warranty. Approved 5-0. NEW BUSINESS B. Resolution No. 2021 – Y: Contract for Solid Waste Services Ms. Lee said that the City received two proposals, one from Waste Management and another from Republic. She noted that representatives from both companies are present at the meeting. Waste Management included four options and Republic’s proposal was to provide services like the City has now. Waste Management has options 1a and 1b that keep the current pickup schedule, except for recycling. Options 2a and 2b consolidate the pickup into one day. Mr. Blessing stated that Option 1 is a service that maintains the driver running all of the services. Ms. Lee asked if the cycle might be two to three days for Options 2a and 2b. Mr. Blessing answered yes. Ms. Lee said that David Vogt would be the driver for the trash stream and then there would be different drivers on the same days for recycling and yard waste on Mondays. Again, the difference between the a and b options is that the recycling pickup will be every other week versus every week. Councilperson Weed asked what caused the 42% increase from the existing contract. Mr. Blessing replied that the current service has David Vogt solely caring for the entire City, which is very inefficient. He said that Waste Management has maintained this one driver and one truck for the City and it is something they have been able to endure, but now the bulk of those costs have come to a head if the City wants to keep that service model. Option 2 would still have David Vogt running the trash, but he would have assistance with either yard waste and the recycling route. Yard waste would be completely picked up on Monday as it is now, along with half of the recycling. The other half of the recycling and trash would be picked up on Wednesday. By utilizing an assistant, they are able to provide services on two days and be more efficient. Councilperson Thorne asked about the number of extra drivers. Mr. Blessing replied there would be at least one. He said that David Vogt would run the trash route and maybe recycling, but someone else would do yard waste. Councilperson Thorne clarified that David Vogt would collect the trash and recycling for everyone on Monday and Wednesday then another driver will collect the yard waste on Monday. Mr. Blessing answered yes. Mayor Dickey asked how Republic’s proposal works. Mr. Riordan replied that Republic would have specialized drivers, not two different routes, and they would work with the City to see if they wanted to keep services as-is. They would have a fleet to make those routes more efficient two to three days a week for trash and recycle. Yard waste would be the fourth day. Mayor 5 Dickey asked if residents would get new bins. Mr. Riordan answered yes. Councilperson Bruning noted that the residents have paid for yard waste bins themselves. Mr. Riordan said that providing a yard waste bin is part of their fee and bags for yard waste are preferred but residents can keep what they have for yard waste, while the trash and recycling bins would be new. Ms. Lee asked if a 95-gallon yard waste cart could be provided at no cost. Mr. Riordan answered yes, they would be able to provide a yard waste cart for those who are interested. For recycling, they have options that allow a resident to select every other week for pick up and update the size of their container at no additional cost. Councilperson Weed asked if trash and recycling end up in the same place. Mr. Blessing answered no. He said that in this market, there is an 18% to 20% contamination level, but recycling is becoming more valuable. He said there is some hope that raw material shortages will make recycling grow in value. Mr. Riordan added that China is still not accepting loads from America but education on recycling is the best way to minimize the recycling contamination levels. He said that as the market corrects itself, they have seen improvements and they are on board with sustainable recycling. Councilperson Nelson said that in her neighborhood, she sees a lot of residents with overflowing recycling bins and asked about ways to deal with that. Mr. Blessing replied that back in 2012, Johnson County passed an ordinance that allows people to put out as much recycling as they can muster, and all haulers have to collect every piece. Councilperson Thorne said that she does not know if bi-weekly recycling would work for the residents. Councilperson Nelson agreed. Mr. Blessing said that they have a larger cart or a second cart available. Councilperson Weed asked if there is a City ordinance about keeping carts out of sight. Mayor Dickey answered no, but they might want to address that at some point. Councilperson Bruning said that the post keeps getting moved on what items are acceptable for recycling and he thinks that the City needs to explain things better to people. He asked about the premium cost of having David Vogt. Mr. Blessing answered the difference between option 1a and 2a. He said that Option 1a is David Vogt exclusively, and Option 2a would be David Vogt and at least one assistant. Councilperson Bruning asked about the premium it costs to stay with Waste Management versus Republic. Mayor Dickey replied that it is $13 per house per year. Councilperson Bruning said that he did not know how he felt about the letter from Waste Management going out to all the residents regarding the contract renewal. Mr. Blessing said that was the driver’s suggestion because he wanted to communicate his appreciation to the residents regardless of what happens. Councilperson Weed said that he sees more private niche composting and asked if there is an emerging demand for it. Mr. Blessing replied that they have a composting facility at their landfill. Councilperson Perry asked if either Republic or Waste Management does glass collection. Mr. Blessing replied that glass is out of the recycling stream because it severely degrades the rest of the recycling. Councilperson Perry asked if there is a separate glass service. Mr. Blessing replied that they have piloted some of those services, but Ripple Glass is the best service provider in the market, and they offer a curbside collection. He said that Waste 6 Management could provide that service, but they would just take the glass to Ripple. Mr. Riordan said that Republic does not provide glass pickup at this time. Mayor Dickey said that when Ripple first started, the City was very excited about having them do glass pickup but the Council elected to turned down the proposal because it was an additional cost to residents, there was concern about one more bin at the curb, and the noise. Councilperson Perry said that a 42% increase over the current rate is relatively high, and the City’s budget is relatively small, so his choice is between Option 2a with Waste Management or Republic. Councilperson Nelson asked about the exact cost for Waste Management’s Option 2a and Republic. Ms. Lee replied that between the two firms the annual difference is a little over $16,000. The total for Republic would be $321,474 and Option 2a with Waste Management would be $337,980. Councilperson Nelson asked if the difference is that David Vogt would not pick up recycling. Mayor Dickey replied that David Vogt definitely would not pick up yard waste and he would maybe do the recycling. Councilperson Bruning asked what Republic has to offer. Mr. Riordan replied that they will provide a reliable service. He said that they also service Prairie Village and would love to bring their drivers to the City. Councilperson Weed asked if they are both comfortable with their staffing. Mr. Riordan answered yes, they can service the City with their current driver roster. Councilperson Nelson asked about the average wage. Mr. Blessing replied that Waste Management drivers start within the top 75th percentile and the wage ranges from $22.50 to $30 dollars an hour. Mr. Riordan said that their top drivers make $39 dollars an hour. Mr. Blessing that they also have sign-on bonuses and benefits to pay for college which is all reflected in the cost. Councilperson Thorne asked if people are composting. Mr. Blessing replied that there are different grades of composting. He said that they also have something called Waste Watch where they work with local authorities and drivers will call into dispatch if they see something that needs to be addressed. Councilperson Weed said that it is important to educate residents and asked if Waste Management and Republic would be comfortable attending the Homes Association meeting in January to education residents on recycling. Mr. Riordan and Mr. Blessing answered yes. Mayor Dickey stated that he received lots of emails and calls about this topic and based on the residents input he thinks the preference is to continue service with Waste Management and go with option 2a. Councilperson Thorne asked about the schedule for 2a. Mr. Blessing replied that yard waste would be collected on Monday along with half of the trash and recycling. The other half of the trash and recycling would be collected on Wednesday. On Monday, there would be three trucks, one for yard waste, one for trash and one for recycling. On Wednesday, there would be two trucks for trash and one for recycling. Councilperson Nelson asked how that schedule will change. Mr. Blessing said now Tuesday through Friday David Vogt picks up the trash, then comes back to the plant to get the recycling truck, then the next day he starts with a clean truck and does the same thing. Councilperson Perry said that he really appreciates that the City went out for bid. He said that he received several comments from resident he does not typically engage with about keeping their service the way it is because everyone loves David Vogt. He moved to approve Resolution No. 7 2021 – Y with Option 2a through Waste Management for solid waste services. Councilperson Nelson seconded, stating that she wants to be sure that everyone gets David Vogt to pick up their trash. Councilperson Perry confirmed that separate personnel will be picking up the yard waste and recycling and David Vogt would pick up the trash. Mr. Blessing answered yes. Mr. McQuaid asked if Waste Management is prepared to supply people who want a separate yard waste bin for this service. Mr. Blessing answered yes. Mr. McQuaid asked if the contact will be longer than a year. Mayor Dickey replied that the contract is for 5-years with built-in escalators. Approved 5- 0. Mayor Dickey thanked Republic for their bid. CONSENT AGENDA A. Claims Ordinance No. 1596 B. Resolution No. 2021 – X: Contract with LMCC to Remove Sediment Under Wooden Bridge on Indian Lane Councilperson Weed asked why the current vendor would charge the City 10% to 15% for a bid. Ms. Lee replied that the vendor would not generate the cost, but in order for the City to prepare bid packages there would be an increased cost. Councilperson Thorne asked if the sediment is under the bridge or on top. Ms. Lee answered under, stating that water comes around the corner by the church and drops sediment as it goes under the bridge when it floods. Mayor Dickey noted that the same thing is happening under the 63rd Street bridge. Councilperson Weed asked if any of the sand run-off is from snow treatment. Ms. Lee replied that she does not think so. She said that the City tends to use salt, not a lot of sand for ice and snow control. Councilperson Perry asked about the increased cost of the project with bidding. Ms. Lee replied that the bid process would require an engineer to be hired to produce plans, a specification book and help manage the bidding process. Councilperson Bruning moved to approve Resolution No. 2021 – X for LMCC to remove sediment under the wooden bridge on Indian Lane. Councilperson Thorne seconded. Approved 5-0. FINANCIAL REPORT A. October Financial Report Mayor Dickey asked if the City has received an answer about the liquor tax. Ms. Lee answered no, they have not found the right person to ask but she will stay on it. Mayor Dickey asked if there were any further questions on the financial report. There were none. OLD BUSINESS (continued) C. Repeat Nuisance Properties a. Repeat Offenses – Consider Possible Changes to Ordinance Ms. Lee stated that a plea agreement was finalized for 3002 W. 66th Terrace. She said that the City is visiting the property every week and will provide a formal written report to the prosecutor 8 at the first of each month to determine if the home has come into compliance, which they currently have not. The report will allow the prosecutor to issue an additional penalty for each month that the home is not in compliance. Councilperson Bruning asked if there are any penalties on 68th Street, noting that the house is deteriorating. Ms. Lee replied that a member of City staff visits every week, and the Assistant City Administrator will write a letter for any outstanding nuisances. She said that City staff internally discussed defining abandon properties differently. Currently, an abandoned property has to be in arrears on property tax payments for two years and unoccupied for the past 90 days. Ms. Krstulic added that the definition is based off the statutory definition of an abandoned property. She said that the City would have to take the statuary definition into consideration before making any changes to the ordinance’s definition. Councilperson Weed noted that mail delivery is considered proof of residence and the post office can easily provide the City with that information. Mayor Dickey stated that this has been a 12- month issue and he does not think that the third and subsequent violations are not a significant enough penalty. He said that everyone makes mistakes but by the third violation the violator is aware of what is going on and the penalty should bite. Councilperson Bruning stated that the City has a similar issue with tree removal. He said that there is no penalty, just the market value of the tree. He said that these nuisance properties are deteriorating the neighborhoods, especially with kids playing around. Councilperson Weed asked when the nuisance becomes a lien against the property. Ms. Krstulic replied that it depends on if it is a municipal court penalty or an administrative penalty. Mayor Dickey said that there are very few bad actors, but he wants to deal with them quickly. Councilperson Perry commented that any court order would hole more weight than anything the City does. Councilperson Bruning asked if a lien has to come out of the court. Ms. Lee replied that there is an appeal process, and homeowners have up to 10 days to take care of the problem. If they do not, the City can take care of it and then send the homeowners a bill. If the bill is not paid, the City can include the cost of the abatement on a special assessment that is sent to the county each year. Mayor Dickey asked if City staff can come back to the Council with a recommendation. Ms. Lee answered yes. D. 2022 City Council Meeting Dates and 2023 Budget Calendar Mayor Dickey asked if the meeting on March 14, 2022 can be moved to March 7 or March 21 because of Spring Break. Councilperson Nelson replied that March 7, 2021 would work, and the meeting was rescheduled to that date. Ms. Woolbright said that all City boards with meeting will be included in the December packet so the Council will have all of the meeting dates for 2022. Mayor Dickey requested that any meeting dates between now and December be included so the Council can discuss any conflicts at the December meeting. Councilperson Nelson said that she would like an email response to confirm attendance at events or meetings. Councilperson Perry asked if there is a way to send evites for Council meetings. Mayor Dickey replied that the City meeting schedule can be built into Outlook so meeting invites get sent to everyone. He said that would also help when a meeting changes or gets cancelled because the calendar will be updated. Ms. Lee stated that the budget calendar meeting date not on a regularly scheduled Council 9 meeting date is Friday, May 13, 2022, which would be the financial and strategic planning meeting. She said that the meeting can be moved if needed. Councilperson Thorne suggested that the meeting be moved to the middle of the week. NEW BUSINESS (Continued) A. Kappa Holiday Homes Tour Application Councilperson Perry moved to approve the Kappa Holiday Homes Tour application. Councilperson Nelson seconded. Approved 5-0. Councilperson Nelson noted that there will be a lot of extra parking needed. C. Resolution No. Y – Agreement with Roeland Park for Arborist Services Ms. Lee stated that the City was approached by Roeland park about utilizing the City Arborist to do some consultation work on some of their public trees. Mr. Kirk stated that initially, Roeland Park wanted a complete inventory every year, so he asked for specifics in an email. He said that he would not want a hazard tree to slip through the cracks and wanted to make sure that the consultation work was secondary to his main job with the City. Councilperson Perry asked if Mr. Kirk would get paid outside of the City and if the City would be liable. Ms. Lee replied that he would still be the City’s employee so the contract with be with Mission Hills and Roeland Park would reimburse them. Mayor Dickey said that as long as Mr. Kirk continues to provide a great service in the City, they can manage it. Ms. Lee said that there is a built-in provision that they can assess the contract periodically. Councilperson Thorne asked about the amount of time for the services. Mr. Kirk replied that Roeland Park does not have that many Right-of-Way (“ROW”) trees, so it will only be park trees and there will be no private tree consulting. He said that they push the maintenance of ROW trees onto the homeowners and try to govern what they do with those trees. Councilperson Nelson asked if there is a way the City can know the number of hours because she is concerned that Roeland Park will take up too much time. Mr. Kirk replied that they did not give them a set time, but he was clear that his job is with the City, and this is a favor being offered until Roeland Park gets a part-time position. Councilperson Bruning asked how this benefits the City. Ms. Lee replied that they are just being nice. Councilperson Bruning said that it adds to Mr. Kirks time and takes him away from the City. Councilperson Perry asked if Mr. Kirk will get an hourly rate. Mr. Kirk answered no. Councilperson Bruning asked if Mr. Kirk wants to do the consultation for Roeland Park. Mr. Kirk said that he does not feel strongly about it. He said that getting his name out there would be the benefit to him. Mayor Dickey said that if the Council approves this, it is important that they need to be honest if the situation is not working out. Mr. Kirk said that he thinks this is temporary because Roeland Park is trying to get some of their public works staff certified as arborists. Councilperson Bruning asked if Mr. Kirk’s job will change at the City. Mr. Kirk answered no. Councilperson Nelson asked who gets the money. Ms. Lee answered the City. Mr. Kirk said that he will send an invoice to Roeland Park and clock the hours. Councilperson Perry 10 suggested that Roeland Park put together a contract that the Council can review. Councilperson Nelson agreed. D. Discuss Park Board’s Recommendations for Tree Ordinance Amendments Mr. Kirk stated that the Park Board’s recommendations came to a head with the project on 69th Street. He said that he thinks the City will get better results in protecting their trees if they consolidate language and standardize the process, noting that the same builders working in Prairie Village also work in the City. Mr. Kirk said that he does not like the fine structure of Prairie Village’s ordinance because a $500 fine is not enough for a home that costs several million dollars. He said that he likes how Prairie Village broke their protection of trees down by size and building area. If a tree is removed from the ROW, the City should appraise the tree and charge them that appraised value. The distance back from the front lot line is another variable that can be used towards the appraised value. Mayor Dickey said that if there is an approved plan by the Architectural Review Board (“ARB”) that shows trees on the property, the City should use that same evaluation. He said that the penalty has to bite. Councilperson Bruning suggested evaluating the trees before a plan is submitted. Mr. Kirk said that the City has no insight on the trees before a permit is opened. Councilperson Bruning suggested that every tree being cut require a permit. Mr. Kirk said that would require the City to have more arborists and he is concerned that would become his one job. He said that the goal is to increase the tree canopy and the City can only do so much in the ROW. Mayor Dickey stated that it would be the same concept as the ARB making sure the back of a house is as good as the front. Mr. Kirk stated that Kansas has robust protections but protections on trees are more common in places like California, Seattle and New York where they do permit every tree removal. Mr. McQuaid said that the house on 69th Street had already been approved and the tree was slated to be remove during the ARB process so the house would fit within the parameters. He said that he thinks the tree should be evaluated by the City Arborist to make sure that the homeowners do not come in with someone else that says the tree is diseased. He said that the tree is a caliper that cannot be duplicated. Mr. Kirk said Prairie Village requires that no trees be removed over 30 inches, which would take some pressure away from the ARB. Councilperson Bruning said that he is bothered by that because the tree on 69th was at the end of its life. Mr. Kirk said that he aged the tree at 89 and the homeowners called other certified arborists to get someone to condemn that tree and asked me not to speak to their arborist. He said that people argue that the City’s tree recommendations diminish the value of a lot. Councilperson Nelson asked about the tree on the corner of Indian Lane and Wenonga Road, noting that the tree in the ROW was uprooted 5 months ago. Mr. Kirk replied that he required the homeowners to plant four, 3-inch caliper White Oaks. The inventory on that site plan was prior to him planting those trees there and they were not shown on the plan. He said that when he did his initial site plan review, he indicated that the two trees were not on the site plan, which was not updated. When they showed the plan to the ARB, the new design for the driveway did not have a tree there, even though there was one. Councilperson Nelson asked about the penalty. Mr. Kirk replied that he felt the White 11 Oak replacements at as big a caliper as they could get was a sufficient replacement and he worked with the builder to make that happen. Councilperson Nelson asked about the arborvitaes in the ROW. Mr. Kirk replied that they are hollies. He said that the ARB approved the plan. Councilperson Thorne asked if there any procedure that would allow him to come to the ARB for new builds. Mr. Kirk replied that the homeowners have to provide any trees that are to be removed, tree protection and species being added, and that plan has to be stamped by a landscape architect or certified arborist. He said that prior to any demolition, he does a site plan review and he will suggest removals and protections. Councilperson Nelson asked how the recently planted trees in the ROW were allowed. Mr. Kirk said that the plans had significant landscape plantings and a wall had been pushed right up to the ROW, so they needed screening for the wall. Mayor Dickey said that if the City needs language allowing residents to plant in the ROW to solve a problem, they should not allow it. Councilperson Bruning agreed. Councilperson Thorne said that the ARB had a site visit, but the homeowners kept changing their plans. Councilperson Perry asked if the City has a current tree ordinance. Mayor Dickey answered yes. Councilperson Perry asked if this would be an amendment to that ordinance. Mayor Dickey answered yes. Ms. Lee said that this is a first pass to get the Council’s opinion, then they will draft some language. Councilperson Weed asked if the country clubs are subject to these ordinances. Ms. Lee answered no, this is for single family homes. Councilperson Perry said that he is more than happy to protect the trees, but he needs to see the ordinance and language based on these overall scheme. Councilperson Nelson agreed. Mayor Dickey said that they are heading down the right path but specifics matter. Councilperson Bruning suggested that the penalty cover the replacement value of the tree. Ms. Lee said that the appraised value is the value of the tree using a formula, which can be as high as $40,000 to $50,000 dollars depending on the size and condition of the tree. Mr. Kirk stated that the fine in Prairie Village is $500 and that does not have the teeth to do enough. He offered to appraise the trees in some of the Council members front yards as a reference. Mayor Dickey noted that part of the formula for the appraised value is based on the caliper and size of trees. Councilperson Bruning said that he would be interested in a separate free-standing penalty before anything ever shows up in the City because he does not want lots to be clear-cut. Mayor Dickey said that the Park Board is going to find a way to help prevent that. Mr. Jones suggested that the builders be notified before coming to the ARB. Mr. Kirk said that the City has an inventory for street trees but not every tree in the City. Councilperson Bruning asked if the City needs to devalue the tree as it ages. Mr. Kirk replied that the formula is very involved, and it takes him at least an hour to appraise a tree. He said that a publication from Kansas State rates all of the species in the region and looks at things like the condition of the tree and species rating. The number starts high, then goes down from there. The base value is based on the cost to plant the largest tree he can get from a tree nursery, per square centimeter, then based on the diameter of that tree he extrapolates that number out and depreciates based off all of the variables that could be wrong with it. Councilperson Bruning 12 asked if a penalty should be added on top of the value of the tree. Mr. Kirk replied that can be hard because the City does not always know what tree was there to begin with. Mayor Dickey said that they are headed down the right path, they just need specifics. E. Discuss Kansas City Regional Climate Action Plan (CAP) F. Discuss Potential Prohibition of Short-Term Rentals Mayor Dickey said that this has been brought up to him many times and he would like to deal with this before the City has a problem. He said that City staff took a look, and he likes how Leawood handles short-term rentals, which is that they do not allow them. Mr. Mountford said that Leawood handles short-term rentals similar to how the City handles nuisances. He said that they do not necessarily look for them, but if someone reports one or if the building inspector has a reason to believe a property is a rental, Leawood will send someone out. Councilperson Nelson asked about the penalty. Mr. Mountford replied that each day someone is in violation is considered a separate fine. Mayor Dickey said that a 20-day rental is $350 a day. He asked if the Council would be supportive of language for this. The Council answered yes. Ms. Krstulic asked if the Homes Association enforces the restriction of single family homes. Mayor Dickey replied that the City should take it on. Ms. Krstulic asked if he would prefer a straight ban. Mayor Dickey answered yes. G. Executive Session – Obtain Legal Advice from Council REPORTS OF CITY STAFF A. City Clerk Ms. Woolbright said that she will send out calendar notifications for the whole year. She said that at this point, December 1, 2021 is the Johnson and Wyandotte County social. She confirmed that Councilperson Nelson is attending, and that RSVP’s are due at the beginning of next week. Each Councilperson can bring one guest. Ms. Lee stated that there will be a holiday lunch for the contractors on December 16, 2021 and it will be done at one of the country clubs. B. City Administrator Ms. Lee stated that the City will have an open-house on November 17th from 5:00 p.m. to 7:00 p.m. where residents can come speak with City staff and reps from Water One and Kansas Gas about Tomahawk Road. There is also a page on the website dedicated to updating people about Tomahawk Road and where they can sign up for Notify JOCO. The City wants to share as much information as possible. Ms. Lee said that she anticipates having weekly or bi-weekly updates when the project starts. She said that the City is waiting to hear back from Kansas City Country Club (“Kansas City Country Club”) about their internal discussions on the Brush Creek study. Councilperson Bruning said that the letter from Google was terrific and provided everything residents will want to know before they start tearing up the front yard. Ms. Lee said that similar 13 letters went out from Water One and Kansas Gas for the Tomahawk Road project. Councilperson Bruning asked what the ideal response is from KCCC. Ms. Lee replied that any change that improves safety on the roadways. Councilperson Nelson noted that people on Brookbank are very concerned and need to be kept in the loop. C. Assistant City Administrator Ms. Lee stated that the Crime Prevention and Safety Committee (“CPSC”) is looking at the solicitation ordinance. She said that street sweepers are also out. Councilperson Nelson asked if they are doing Monday collections again. Ms. Lee answered yes. Councilperson Bruning said that it would be very interested to go as far as they can in restricting solicitation, noting that the ordinance recognizes it can be a front for casing houses. D. City Planner No additional report of the City Planner was given. MAYOR’S COMMENTS A. Liaison Reports Councilperson Weed stated that the Park Board’s November meeting was cancelled, and they are done for the year. He said that it was a good year, and they accomplished a lot. Wenonga Island will get done one way or another and he appreciates the staff working on that. The Homes Association asked for interim communication between the City and Park Board and would like to start having conversations about how to increase communication and visibility. Councilperson Thorne stated that the ARB meeting is tomorrow. She said that they are reviewing a lot of application for outdoor areas, patios and kitchens. They are currently discussing the greenspace study requirement for projects that are replacing something in kind. There is going to be a new Tudor Revival home on Belinder. Councilperson Perry said that there will be two Crime and Safety Committee meetings in the next few weeks and solicitation will be discussed. Councilperson Nelson stated that the Board of Zoning Appeals met as always. She said that she is very proud of what they have accomplished and how they draw a clear line and deny variances. Councilperson Bruning stated that the Planning Commission discussed putting greens and what is allowed versus not allowed, along with permeable issues, artificial turf length and chemicals. Mayor Dickey stated that he did not change liaisons at the beginning of this year and most Council members have represented all of the boards and committees. He said that if any member is passionate about staying with their current board or would like to work with another one, they 14 can email him individually. He said one of the follow-ups from the public safety meeting is a specific letter around public safety which they will get drafted either before or after the holidays. He said that he would like the letter to go out before the Homes Association meeting. Mayor Dickey said that while they did not discuss the Climate Action Plan, he encourages the Council to read through the executive summary. He said that the City does not typically pass or adopt things that that do not actually have some applicability. He said that there might be a broader picture on this and it reminded him of debate around the smoking ban. Mayor Dickey stated that there are some good elements in the Climate Action Plant. Councilperson Bruning said that it is very germane and is remarkably congruent with what the City is doing with trees, flood control, etc. He said that the Plan has a lot of things that justify the more restrictive things the City is doing. EXECUTIVE SESSION: Obtain Legal Advice from Council Councilperson Bruning moved that the City Council recess into executive session to obtain legal advice about correspondence received from counsel for Mission Woods residents regarding pickleball noise, pursuant to the attorney-client consultation exception in K.S.A. 75-4319(b)(2). Councilperson Nelson seconded. Approved 5-0. Council reconvened in open session at 7:55 p.m. and immediately adjourned. ADJOURNMENT /s/Anna Italiano Recording Secretary 15