City Council

MINUTES OF THE CITY COUNCIL MEETING CITY OF MISSION HILLS, KANSAS April 11, 2022 The City Council of the City of Mission Hills, Kansas held a regular meeting on April 11, 2022 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; Anna Krstulic, City Attorney; Judy Fang, Finance Clerk; Police Chief Byron Roberson, Prairie Village Police Department (“PVPD”); Captain Ivan Washington, PVPD; Captain McCullough, PVPD, Officer Rother, PVPD; Officer Overesch, PVPD; Blitz, PVPD; and Kathryn Marsh, City Prosecutor VISITORS: Sean Gordon, 4205 W. 6th Street, Ste C Lawrence, KS; Tim McQuaid, 6436 Norwood Road; and Mike McQuaid, 5630 Belinder Avenue, Fairway, Kansas Mayor Dickey called the meeting to order at 5:30 p.m. 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. Mayor Dickey noted that the meeting would be recorded for the purpose of meeting minutes. APPROVAL OF MINUTES OF COUNCIL MEETING Councilperson Nelson moved to approve the minutes of the March 7, 2022 meeting. Councilperson Perry seconded. All proposed corrections were approved and accepted by Councilperson Nelson and Councilperson Perry. Approved 5-0. PUBLIC SAFETY A. Police Report Chief Roberson referred to the March police report and noted crime levels continue to remain low and are mostly crimes of opportunity. He reported a construction vehicle that was left 1 running in the street was stolen and then recovered in Kansas City, MO. Chief Roberson highlighted a porch package theft and the need for residents to be vigilant in securing deliveries and packages left on porches. He suggested residents could consider security measures, such as a delivery box that is bolted to the ground with an access code that is only known by the delivering vendor and property owner. Mayor Dickey requested City staff investigate these secure delivery box options and provide recommendations as to how they can be in alignment with the City’s review process for new structures. Chief Roberson noted there was a residential burglary of an unsecured home with an active construction project. He added the monthly crime statistics would be adjusted because one of the two residential burglaries shown in the report was determined not to be a crime. Chief Roberson clarified there have been a total of three residential burglaries in 2022. He added there was an aggravated burglary on 68th Street, which means that someone was home at the time of the burglary, where the suspect entered the garage and took items from the vehicle. I. Introduction of K-9 Blitz Chief Roberson stated at the end of 2021 the PVPD brought on a new crime fighting tool, the K- 9 Blitz, whose name was selected by the community. He added Blitz is the first official K-9 with the PVPD. Officer Overesch shared that Blitz was born in Holland and purchased through Shallow Creek Kennels in Churchill, Pennsylvania, where he and Blitz had six-weeks of daily training together in addition to the previous six weeks of training Blitz had with master trainers. Blitz is trained in narcotics detection, area search, building search, article detection, and tracking, and continues to train one shift a week. Officer Overesch added he and Blitz train with K-9 teams from other Johnson County and regional county offices. He added that Blitz is trained in physical apprehension, but ideally his presence might change the mind of either a violent offender or someone who is actively resisting to surrender without an escalation of force. Blitz is also trained in tracking for non-criminal purposes, such as when a cognitively impaired person is missing. Officer Overesch stated Blitz will go through annual certifications in June. Councilperson Nelson asked what Blitz does when he is not working. Officer Overesch stated Blitz lives with his family and rests when he is off duty. He added his patrol car has been customized with a kennel system for Blitz. Councilperson Nelson asked if Blitz’s commands are in Dutch. Officer Overesch replied most of Blitz’s commands are in Dutch and German, which prevents the general public from understanding the commands or confusing Blitz with conflicting commands. Councilperson Bruning asked if Blitz detects a narcotics scent if that is grounds for probable cause. Officer Overesch replied yes, the purpose of utilizing a K-9 is to establish probable cause. For example, if Blitz conducts a free air sniff around the vehicle and Blitz responds with trained alert behavior to the presence of narcotic odor then that establishes probable cause. Councilperson Weed noted the outstanding public safety resource sharing in northeast Johnson County and asked if that was the case with Blitz. Officer Overesch replied yes, Blitz is a shared resource and noted that Blitz has been utilized by Leawood, Fairway, Mission, and Merriam. He noted Blitz is the only tool in the police department that cannot be taken away from an officer and then used against them. He also reduces the risk to humans by entering and clearing unknown areas and around blind spots. Mayor Dickey noted Blitz’s training in narcotics detection and if he could be negatively impacted if he inhaled a substance, such as fentanyl. 2 Officer Overesch said he carries Narcan in case Blitz ingests an opioid and noted it can be administered to a dog the same way as a human, but unfortunately this treatment will not work if Blitz ingests methamphetamine or cocaine. Mayor Dickey asked if Blitz has a protective vest. Officer Overesch said Blitz received a donated Kevlar vest from the Going to the Dogs. The vest protects against handguns and is puncture resistance. Councilperson Nelson asked the genesis of the K-9 program at PVPD. Officer Overesch stated there has been a long-term interest in adding a K-9 program to PVPD and that Prairie Village was the largest department without a K-9 in the county. He added from his five-years of experience as a PVPD officer, he can recall several instances where a canine would have made a considerable difference in the chances of apprehending a suspect as opposed to waiting for a K-9 from the Sheriff’s Office in Olathe. Officer Overesch added he is now on duty on overnights because that is the highest volume of canine calls and potential car stops. Councilperson Nelson asked the cost to implement this program. Chief Roberson stated the initial investment was $25,000 and added he has always wanted to add this tool to the department because it a safety tool for officers and the community. He noted in the past, the PVPD would reach out to other agencies at least 100 times a year to use a K-9. Councilperson Nelson asked how long Blitz would work for PVPD. Officer Overesch stated Blitz would be two years old in July and typically K-9s work seven or eight years and then when he retires, Blitz would live with his family. II. Installation Update for Cameras & License Plate Readers (LPR) Captain Washington noted his report on the status of the LPR vendor and that crews were in the City today placing equipment on State Line Road and Tomahawk Road. He noted he communicated the Council’s sense of urgency in the LPR installation to the vendor and the next location for the installation is Mission Drive and State Line Road. Captain Washington noted there had been connectivity issues between Kansas City, MO and PVPD firewall systems that are being addressed so there is data sharing between agencies. He added that the LPR vendor has provided a recommendation for adding equipment at City Hall that could eliminate the need for some air cards in the LPRs and he would work with City staff to ensure any equipment met the City’s exterior alterations requirements. Councilperson Weed asked for clarification on the police response to LPR alerts. Captain Washington replied that when the LPR is triggered a dispatch officer relays the alert type and vehicle description for patrol officers in the area who would respond based on the situation. Mayor Dickey stated that the dispatch prioritizes LPR alerts and then officers respond based on escalating criteria. Captain Washington agreed and stated the PVPD has established a prioritization checklist for dispatchers and officer response levels in the agency would reflect those priorities. Councilperson Weed asked what would occur if the LPR on State Line Road was triggered and the driver entered Kansas City, MO. Captain Washington replied that PVPD and Kansas City, MO are in a cooperative agreement and LPR data is being shared across agencies so a pursuit could continue uninterrupted. Councilperson Bruning asked if the LPR functioned at night. Captain Washington replied yes. Mr. T. McQuaid noted the use of radio signals used to collect and share the LPR data and asked the range of the equipment. Captain Washington replied that range of the signal extends to 79th Street and Wornall Road in Kansas City, MO, which provides the overlapping data. Councilperson Bruning noted the potential addition of equipment to City Hall to reduce the need for air cards and if action is needed by the Architectural Review Board (ARB) or Council. Mayor Dickey stated 3 City staff would coordinate with the PVPD to ensure that any additional equipment met the City’s regulations. III. Additional Police Officers & Car Discussion Mayor Dickey noted the Council had previously discussed options for increasing the police presence in the City and stated that Chief Roberson suggested if the Council elects to proceed an option could be two additional officers and one police car. He noted that additional cost would be $248,000, which is the magnitude of the annual revenue collected from 0.25% sales tax. Mayor Dickey stated that he and the Council have received feedback on this matter from residents. He added the existing 0.25% sales tax dedicated to Capital Improvement Program (CIP) would be sunsetting in 2023. If the Council elects to proceed with a referendum for the continuation of the 0.25% sales tax for the CIP this could provide an opportunity for the public to also vote for a dedicated 0.25% sales tax to fund additional police services for a total 1.5% sales tax for the City. Mayor Dickey stated he has received varied feedback on the matter and a vote could provide a clear perspective of the residents. Councilperson Perry asked if the residents adopted a 0.25% sales tax dedicated for police services, would the PVPD be able to staff two additional officers and a vehicle. Chief Roberson replied at this time the PVPD would not be able to staff two additional officers due to staffing vacancies. He added the PVPD is continually in the hiring process, but additional officers could not be provided to Mission Hills until the agency has at least 43 officers. Councilperson Nelson asked how many officers and vehicles are currently dedicated to Mission Hills. Chief Roberson replied there are four officers and vehicles dedicated to Mission Hills. He added that if there were two additional Mission Hills officers, there would only need to be one additional vehicle because of the shift staggering. Mayor Dickey stated that if two officers were added to Mission Hills their focus would be the overnight shift when the most criminal activity occurs. Councilperson Weed asked if there were additional resources needed by other emergency agencies, such as the fire department. Chief Chick replied that if additional police officers were dedicated to Mission Hills there would not be any negative trade-offs for the Fire Department. He added the Fire Department continues have the apparatus and personnel needed to provide services to residents. Councilperson Weed referenced the police reports, which fluctuate between months of lesser and greater activity and opined that at this time there does not appear to be a demand for increased police services. Councilperson Perry agreed and noted that he would not want to engage the public on a decision to allocate additional resources if there is not the ability to deliver those additional services. He suggested tabling this discussion, while continuing to monitor the crime statistics and prioritizing hiring officers to fill the current vacancies. Councilperson Bruning noted the considerable cost to increase the number of officers in the City and opined there is not evidence there would be a significant difference in activity if there were more officers. He added he would be more inclined to act if there was a recommendation from the Police Chief, Crime Prevention and Safety Committee (CPSC), and City Administrator to proceed. Ms. Lee noted that the Council sought to fully explore the option of adding officers and the crime reports shows there is a cyclical aspect to criminal activity, such as 4th quarter 2021 experiencing a heavy crime cycle. She added that the City is continuing to work on reducing crimes of opportunity and the data now suggests a wait and see approach before proceeding with a program to add officers. Mayor Dickey agreed and noted there is a cyclical aspect to crimes, 4 which is demonstrated by Mayor Keim’s City-wide public safety letter twenty-years ago that specifically referenced an increase in crimes of opportunity and need for resident vigilance in locking doors and vehicles. He stated the Council has taken action to increase public safety and invested in cameras and LPR systems throughout the City as a resource for policing. Councilperson Weed agreed and added the Council is supportive of the PVPD and the level of protection they provide to residents. He noted there are various mechanisms to decrease crime and the Council’s $600,000 investment in cameras and LPR is a clear financial investment in police infrastructure. Councilperson Weed noted that if the crime data begins to show disturbing trends the Council could reengage this discussion and potential funding mechanisms. Councilperson Nelson agreed and noted the Council would continue to review the police reports each month and could act if necessary. Councilperson Perry agreed and stated the response of the Council would be different if there was a strong recommendation from the PVPD for additional patrols. He added there is a continued need to educate residents on the importance of closing garage doors and locking vehicles to reduce crimes of opportunity. Chief Roberson noted the current hiring process and stated a fully staffed police force will help reduce crime overall in both Prairie Village and Mission Hills. He added that the Council’s thorough process to consider additional officers and vehicle is prudent. Chief Roberson opined the decision to install cameras and LPRs is a realistic approach. Mr. T. McQuaid noted the City’s newsletter and Mayor’s public safety letter reiterated that residents need to help reduce crimes of opportunity. Councilperson Perry stated if there is a significant increase in the number of sworn officers and demonstrated need for additional officers then this topic be revisited with an adoption timeline and funding strategies for consideration. Councilperson Thorne agreed and she noted the cameras and LPR data could also inform future decision making. OLD BUSINESS B. Coyote Discussion and Recommendation from Crime Prevention & Safety Committee Mr. Carroll stated at the direction of Council the Crime Prevention & Safety Committee (CPSC) met to discuss the coyotes in Mission Hills and were advised by the animal control officer at PVPD and two officers from the Kansas Department of Wildlife. Following discussion and consultation from experts, the CPSC is recommending City staff continue their efforts to identify den locations with trail cameras, which have been placed in locations with reported coyote sightings and physical evidence. Once specific den locations are identified, the CPSC is recommending a snare or foot trap be placed directly at the den entrance with signage and notification to the adjacent residents. Wildlife professionals would then respond if the traps were triggered and remove any coyotes or nuisance animals appropriately. Mr. Carroll there is a continued effort to identify coyote den locations for isolated trapping. Mayor Dickey stated he has received more resident feedback on this topic than on the Tomahawk Road project and all, except for one resident, has been supportive of the approach recommended by the CPSC. He added a resident adjacent to the coyote sighting locations has granted permission for trapping on their private property so long as there is appropriate signage, notice to neighbors, and they are indemnified of any potential harm. He opined this is reasonable, especially given that more than 90% of the creeks in the City are owned privately by residents. 5 Mayor Dickey advised City staff to proceed with the CPSC’s recommendation. Councilperson Perry thanked the CPSC for their thorough review of the issue and clarified that if a trap were triggered a licensed professional would be engaged to respond accordingly. He added that he has also received considerable feedback from residents on this issue and supported the CPSC’s rational, proactive recommendation. Councilperson Thorne noted in some instances if coyotes are evicted from their den that there is evidence that new coyotes will just fill the void. She added concern that a resident’s dog or cat could be at risk of being trapped. Councilperson Bruning noted he had been advised that coyotes typically migrate during the breeding season, so if a coyote is trapped now, it would be unlikely that another coyote would enter the void until breeding season next year. He added that coyotes have a wide range of territory, so most likely the coyote pair observed on Belinder Avenue is the same coyote pair observed near Brush Creek. Mr. T. McQuaid stated the CPSC was advised that if a den is evicted that it can be years until other coyotes fill the void. Mayor Dickey noted that the City has not encountered this coyote issue for more than 50 years, so it is reasonable to think that if the observed coyotes are evicted it would be unlikely another pair would enter the void. Mr. T. McQuaid added that the KS Wildlife officers stated that once a den location is identified and there is activity to discourage its inhabitance, it is unlikely a new pair would enter the void. The Council accepted the CPSC recommendation and authorized the City staff to proceed. PUBLIC SAFETY (Continued) B. Fire District Report Chief Chick referred to the Fire District report and noted that false alarms and calls are trending down, while the trends for rescue and emergency medical service (EMS) have increased by nearly fifty percent in a year-to-year comparison. He stated that the department is prepared for an increase in these service needs and noted this trend aligns with the aging population in northeast Johnson County. Chief Chick stated a recent service call provides an excellent example of the partnership between the Police and Fire Departments. On March 8th a construction site on 63rd Street had a code blue event and within 40 seconds the Fire Department’s heavy squad EMS vehicle was en route to the scene and within a minute and 47 seconds the squad vehicle was on scene. When EMS arrived, a police officer was already administering CPR on the individual who did not have a pulse, which is a huge step in the chance of survival. Following fifteen minutes of additional compressions, six shock therapies, and advanced life support medications the individual had a return of spontaneous circulation and was transported to the hospital. After eight days of care the individual was released from the hospital under their own power. Chief Chick stated that the partnership between the Fire and Police departments are working for the community and this call was a testament to the services being provided. He opined that this partnership is not the status quo across the country. Councilperson Bruning asked if 911 calls are routed to both Police and Fire Departments. Chief Chick stated that depending on the point of origin, the call is routed to the Prairie Village Primary Service Answering Point (PSAP) or the Sheriff’s Department, and then immediately referred to Fire and EMS dispatchers as required. He noted that through this routing system the Police Department receives notice first, and then both departments work in tandem based on the service needs of a call. 6 Chief Chick stated that four people are retiring from the Fire Department and they are in the hiring process. He noted that the Fire Department does not have the same hiring difficulties as the Police Department, but there has been a marked decrease in the number of applications. NEW BUSINESS A. 2021 Financial Audit Mr. Gordon referred to the 2021 audit completed by Gordon CPA for the City. He noted the auditor’s report is under a new format as required by the Government Accounting Standards Board (GASB) and the City received an unmodified opinion for the 2021 financial year, which is the highest opinion an auditor can award. He added the unmodified opinion is a reflection of the robust internal controls and financial management of the City. He noted the audit includes the Mayor and Council’s financial responsibilities, a narrative of the 2021 financial management activities, and details the City’s assets, liabilities, revenues, and expenses, budget highlights, and capital improvement projects. Mr. Gordon noted that the balance sheet and income statements are also provided and show a $1.4 million increase to the City’s bottom line at year end. He noted there are financial statement pages for the accounts with activity and detailed information documenting the City’s accounting policies, long-term debt activity and capital assets activity. Mr. Gordon stated for 2021 they did not have any auditor recommendations for the City Administrator, Finance Clerk, or any staff, which reflects a very good audit. He added they are anticipating that the GASB will make regulation changes that could impact the 2022 audit. Mayor Dickey thanked the City’s Finance Analyst, Judy Fang, for her work which leads to an unmodified opinion. Councilperson Nelson asked to clarify if the City continues to maintain a AAA bond rating. Mr. Gordon replied yes, the City has a AAA bond rating. OLD BUSINESS (continued) A. Repeat Nuisance Properties Mr. Carroll referred to his report regarding 3002 W. 66th Terrace and stated the City conducted an inspection on April 1, 2022, which verified that no action has been taken by the property owner and the unabated nuisance issues continue. He added there was a Municipal Court hearing on March 8, 2022, due to the property being in continued noncompliance with the plea agreement. Mr. Carroll stated a judge pro tem ruled that because the property owner had taken no action to address the nuisance issues, the full fine for the probation was levied and the case closed. The judge pro tem instructed the City to bring new charges if there continues to be unabated nuisances. Mayor Dickey asked the City Prosecutor to provide additional clarification and next steps. Ms. Marsh, City Prosecutor, stated the property owner of 3002 W. 66th Terrace was on codes probation, which required the property to be brought to code and address the existing violations identified in the City’s most recent property maintenance report. She noted there were some improvements made to the property before the plea was entered, yet under the probation agreement, the unbated violations, specifically the foundation, were not addressed. Ms. Marsh stated a motion to revoke was filed so the Court could find that the property owner was in violation of the terms of the probation contract. The Court found the property owner in violation, imposed the balance of the fine that had been suspended and closed the case. 7 Councilperson Nelson asked how this matter proceeds since the case was closed. Ms. Marsh stated the property owner is no longer on this codes probation and noted the probation contract was structured so that the more repairs that were completed, the less fines would be imposed. She added with codes cases that every day a property has existing unabated violations, the City has the authority to file additional charges, which commonly occurs in codes cases. Councilperson Nelson noted the staff time that has been dedicated to this issue and asked the total fine that was charged. Ms. Marsh stated that the most that can be imposed on a Class A misdemeanor per charge is $2,500 and the property owner at 3002 W. 66th Terrace was charged $600 in restitution for the staff time and repairs the City could abate and an additional $1,400 for balance of the fine that had previously been suspended. Ms. Krstulic stated that Resolution No. 2020-R that was adopted and then amended by Resolution No. 2021-F still allows for the City to proceed under that resolution separately from the Municipal Court action. She stated that the failed probation and revocation thereof is evidence of failure to comply. Ms. Krstulic stated she is recommending that the Council consider adopting another amended resolution that captures what has occurred and specifies action going forward. She stated there is still the option for the Council to order demolition to commence within a certain date or the City will proceed with demolition. Ms. Krstulic stated that if the Council elects to proceed with a demolition requirement that she could communicate with the property owner’s attorney to provide an opportunity to address any questions and due process. Councilperson Weed asked if the fines had been paid. Ms. Marsh stated that the restitution has been paid in full and a portion of the fines have been paid and will be paid on a monthly basis, so there will not be lien against the property. Mayor Dickey opined that the City proceed with an order for demolition and noted the City has spent untold staff, counsel, and prosecutorial time on this matter and the property owner has shown very little effort to resolve any of the unabated nuisances. Councilperson Bruning stated that the property does not meet minimum standards and City is compelled to abide by this ordinance and proceed with a demolition order. Ms. Lee stated that the Council could adopt an amended resolution to proceed with a demolition order at the May 9th meeting or schedule a special meeting. Mayor Dickey requested a special meeting as soon as possible and noted the neighboring residents deserve a timely response. The Council set a special meeting for Friday, April 15 at noon to consider Resolution No. 2022-N (amending Resolution No. 2020-R and 2021-F) for the Minimum Standards Violations at 3002 W. 66th Terrace. Ms. Krstulic stated she would contact the property owner’s attorney to provide notice of the special meeting to provide an opportunity for due process. Ms. Lee stated that the meeting would be hybrid and staff would be attending in-person at City Hall for anyone who prefers to attend in-person. CONSENT AGENDA Councilperson Nelson moved to approve the Consent Agenda as presented. Councilperson Perry seconded. Approved 5-0. 8 FINANCIAL REPORT A. March Report Mr. Carroll stated the first quarter has closed without any concerns to report. Councilperson Nelson asked for clarification on the expense for multifactor authentication consulting listed in the March report. Mr. Carroll stated that the multifactor authentication application was a requirement for the City to obtain cybersecurity insurance. Mayor Dickey stated this is like a bank sending a text message or phone call to an approved device to authorize a login or transaction. Mr. Carroll added that individual licenses were installed on each employee computer for compliance. B. 1st Quarter Financial Analysis Ms. Lee stated that it is still early in the financial year, so it is difficult to project any changes at this time, but there are not any concerns from the analysis. She noted that the City continues to watch the alcohol liquor tax, which appears to be returning to more typical levels after being lower the last couple years. She highlighted that sales and consumer use taxes continue to grow, while the gas franchise fee appears to be low, but that could be a result of the timing of the franchise fee remittance. Ms. Lee noted that Google Fiber is now relocating their infrastructure south of 63rd Street from the nano trench in the roadway to the right of way greenspace, which has resulted in an increase in right of way permit fees. Councilperson Thorne asked the amount for each right of way permit for Google’s relocation. Ms. Lee stated that there is not a standard right of way permit fee. The fee is related to the amount of area being affected by the work and the fee schedule is based on the number of homes or blocks impacted. Councilperson Weed asked how long locate flags must remain in a yard. Ms. Lee clarified that locates are only valid for 15 days and if work does not occur in that time frame, then new locates are required. Councilperson Perry noted there appears to be an increase in the amount of spray paint marking curbs, streets, and sidewalks. He asked if there any action the City can take to curb the amount of paint on right of way property and if there had been any complaints. Ms. Lee replied that most likely the City cannot prevent these markings and noted that City staff has asked utilities about this in the past and been told that the marking paint wears off faster than typical spray paint. Councilperson Nelson asked if the City can require that these marking be removed after a time limit. Ms. Lee replied no. Councilperson Bruning noted frustration with the proliferation of utility flags and opined that the City should continue to be as proactive with utilities and restoration as possible. He added the importance of utilities staying within the City’s right of way. Ms. Lee referenced the Tomahawk Road project and clarified with the gas main replacements, each residential gas line from the house to the main has to be replaced, which has required Kansas Gas to coordinate access to private property. Mayor Dickey requested Councilmembers photo document utility related right of way issues when they observe them or receives a report of restoration issues from a resident. He noted it can be challenging to address these restoration issues after the fact. Ms. Lee noted that City staff continues to meet with Google Fiber and their subcontractor biweekly. She added there is a long list of right of way locations to restore and the City will not close any right of way permit until the restoration has been completed. Ms. Lee noted the restoration efforts have not yet begun this spring, and the City has offered for utilities to utilize the City’s contractors if that is helpful. Councilperson 9 Perry noted the equipment staged on Belinder Circle and asked which utility is using this equipment. Ms. Lee replied WaterOne would be using this equipment to cut across the Belinder Circle island as part of their improvements on Tomahawk Road. The Council discussed the continued dissatisfaction with Google Fiber’s subcontractors and the ongoing restoration issues that have been created by them moving their infrastructure into the right of way greenspace. Councilperson Nelson asked for clarification on the loss of water at the City Hall fountain and opined there should be a fountain guarantee because it appears there are ongoing maintenance expenses. Ms. Lee replied that in general fountains and water features require ongoing maintenance. She added the City Hall fountain was installed 16 years ago and staff would engage an engineer to consult on this issue. C. 1st Quarter Reserve Fund Analysis There were no comments on the 1st Quarter Reserve Fund Analysis. OLD BUSINESS (Continued) c. Discussion of 0.25% Sales Tax Dedication to Capital Improvement Mayor Dickey noted the Council has previously discussed the potential renewal of the 0.25% sales tax dedicated to capital improvements. He noted the report includes details on the potential dates and deadlines for a ballot renewal. Mayor Dickey opined that placing the 0.25% sales tax renewal on an off-election ballot allows the issue to be a focal point for residents. Ms. Lee referred to decision points identified in the report. Councilperson Perry suggested pursing a no cost election with the August primary. Councilperson Bruning opined apprehension about the issue-oriented politics on the August primary ballot and the patten of social issues being on reasonably low voter turnout elections. Councilperson Bruning suggested pursing the November general election. Councilperson Perry stated he would support either a primary or general election as they are both no cost options and opposed the mail ballot because of the $10,000 expense. Councilperson Nelson agreed with pursing a no cost ballot option. Mayor Dickey noted that if the August primary election was selected then the Council would be informed as to whether the residents supported the 0.25% sales tax for the 2023 budget, which must be adopted and submitted to the County by September 30, 2022. He noted that Mission Hills historically has a high voter turnout rate and a thoughtful majority. Councilperson Nelson noted many residents could be on vacation in August prior to school starting and asked if absentee ballots would be mailed to voters. She added that there is a specific need for this continued funding that needs to be thoughtfully communicated to residents. Ms. Lee asked if the number of registered voters, primary and general participation data, and mail in ballot requests could be collected from the County Election Office. Ms. Woolbright replied yes. Mayor Dickey requested staff to collect this data from the 2020 and 2018 primary and general elections and noted a decision would have to be made at the May Council meeting. Councilperson Bruning also requested more data be put towards the case for renewal of the 0.25% sales tax to educate residents. Councilperson Nelson agreed and noted opportunities such as the upcoming Waffles and (Storm)Water event is a venue to communicate to residents that stormwater management is long-term and continuous expense 10 that impacts the entire City. Ms. Lee noted staff would review the educational materials from the 2017 election and suggest improvements. Councilperson Weed noted the previous discussion on public safety investments, including the camera and LPR installations, and asked if this investment has been thoroughly communicated to residents. Mayor Dickey noted this investment was prominently featured in the Spring Newsletter and added he received passionate support and opposition on this topic from residents in the City. He noted a City-wide public safety letter was sent to all residents this spring and a City-wide public safety letter this summer could highlight to residents the actions that have been taken on public safety, the accomplishments thus far, and any plans for future action. Mayor Dickey noted it is also important to highlight the new partnership of data sharing between the PVPD and Kansas City, MO. REPORTS OF CITY STAFF A. City Clerk Mayor Dickey noted that bulky item pick up was the previous weekend and it appeared to have significantly lower participation than in the past. He asked staff review the invoice from Waste Management. Councilperson Nelson asked for clarification on the time for the Concert in the Park at City Hall and Keim Street Fair. Ms. Woolbright replied that the Concerts starts at 5 p.m. Councilperson Weed noted the construction at Belinder Circle and how the Street Fair will be managed given the adjacent construction. Ms. Lee replied that all entities are aware of the Street Fair date and the City will clear the area as much as possible for the event. She noted WaterOne and KS Gas should be east of Belinder Circle by the Street Fair. Ms. Lee clarified that the Street Fair is noticed to begin at 4:30 p.m. B. City Administrator Councilperson Nelson noted the complete closure at Mission Road and Tomahawk Road and asked if there would be periodic openings of this intersection or if the complete closure would continue into October. Ms. Lee stated the project began at the Mission Road end of Tomahawk Road because there are large, open street cuts to install upsized stormwater pipes. She noted when this phase is completed, at approximately 67th Street and Wenonga Terrace, then the complete closure at the Mission Road end of Tomahawk Road would be opened to an extent, which would alleviate a lot of the Indian Hills Country Club (IHCC) traffic, which is currently being detoured from Belinder Avenue and 69th Street. Ms. Lee noted that once the stormwater work is completed the intent is for crews to utilize the wide roadway and work on one side of Tomahawk Road, while two-way traffic continues. She added the goal is provide as much accessibility as possible, while keeping it safe and efficient for the construction workers. Councilperson Bruning asked if the stormwater improvements at the IHCC were still on track for completion by May 15. Ms. Lee replied yes and noted the feedback so far has been generally positive. 11 Councilperson Nelson referred to the reconfiguration of the intersection of Belinder Avenue and State Park Road in Fairway, KS and asked if there was additional information and if the City was provided notice. Ms. Lee noted she is signed up for the City notification system in Fairway, which is how she became aware of the permanent improvements at this intersection. C. Assistant City Administrator There were no comments on the Assistant City Administrator’s report. D. City Planner There were no comments on the City Planner’s report. E. City Arborist There were no comments on the City Arborist’s report. Liaison Reports Councilperson Bruning noted the Park Board met for the first time this season and reported the partnership with the Indian Hills Homes Association for the project at the intersection of Wenonga Road and Wenonga Terrace is nearing completion. He reported the focus of the Tomahawk Road Homes Association is programing the west side of Eisenhower Pond and engaging the adjacent homeowners on long-term planning. He reported in the Mission Hills Homes Company area there was a fountain lost when it was struck by a motorist, and there is interest in utilizing a piece of statuary that had previously been donated to replace fountain this location. Councilperson Nelson noted the Board of Zoning Appeals (BZA) met and approved a fence for an unusual lot. Councilperson Perry noted that the CPSC had met regarding coyotes, which was previously discussed, and thanked the CPSC for their great response to this issue. Councilperson Thorne noted the Architectural Review Board would meet tomorrow and the previously discussed right of way issue at 6640 Indian Lane would be on the agenda. Ms. Lee stated the project at 6640 Indian Lane is seeking changes to a previously approved project due to their fencing and portion of pool deck being beyond the platted setback, which would require a variance from the BZA. She noted they have indicated they would move the fence and reduce the pool deck to avoid a variance if approved by the ARB. Councilperson Weed noted the March and April meetings of the Planning Commission had been cancelled and he would report out following the May Planning Commission meeting. Mayor Dickey noted appointments would be on the May agenda. He noted he received a letter from a thoughtful seventh grader resident who is requesting the City review the breed specificity 12 in the dangerous dog ordinance. He noted that Mission Hills is one of the last remaining cities in Johnson County with breed specific requirements and the American Kennel Society has provided updated guidance on this issue. Mayor Dickey noted that both Leawood and Prairie Village have modified their ordinances to remove breed specific prohibitions. He noted the City has a robust dangerous dog declaration process, which would be applicable regardless of the breed. Ms. Lee noted staff could prepare ordinance language for the Council’s consideration at the May meeting. Meeting adjourned at 7:36 p.m. /s/ Meghan Woolbright City Clerk 13