City Council

MINUTES OF THE CITY COUNCIL MEETING CITY OF MISSION HILLS, KANSAS November 14, 2022 The City Council of the City of Mission Hills, Kansas held a regular meeting on November 14, 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; Jill Clifton, City Planner; Anna Krstulic, City Attorney; Spencer Jones, City Treasurer (by phone); Police Chief Byron Roberson, Prairie Village Police Department (“PVPD”) VISITORS: Katherine Lee, 5525 Mission Drive; Tim McQuaid, 6436 Norwood Road; 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 October 10, 2022 meeting. Councilperson Weed seconded. All proposed edits were approved and accepted by Councilperson Nelson and Councilperson Weed. Approved 5-0. PUBLIC SAFETY A. Police Report Chief Roberson referred to the October police activity report and noted similar theft patterns to previous months. He noted three packages were stolen from the front porch and with the holiday season approaching, there will be an increased volume of deliveries. He encouraged residents to communicate a secure drop off location or be available to receive deliveries at their home. He 1 added that the PVPD is communicating recommendations for package delivery security through their website and social media outlets. Chief Roberson referred to the activity report and noted there were five thefts from vehicles. He added in three incidents the vehicles were unlocked, and wallets were stolen that contained personal identification, debit cards, and/or cash. Chief Roberson stated that the theft of a license creates a risk for identify theft and the opportunity for a stolen identity to be utilized for other crimes. He added that most vehicles in the community are difficult to steal without the key fob being available. He clarified in the theft of vehicle incident on High Drive that the vehicle was recovered by Kansas City, Missouri. Chief Roberson referred to the incident on Wenonga Road where work tools were stolen out of the bed of a construction truck. He noted there was a theft from vehicle at each of the country clubs and in one incident at Kansas City Country Club a vehicle window was broken to gain access to a purse that was visible in the passenger’s seat. He added that it is uncommon for a window to be broken because the noise could attract attention. Chief Roberson noted that when a credit or debit card is stolen the suspect typically starts purchasing items, such as gift cards, until there is a stop placed on the card by the holder. He recommended residents keep a list of items in their wallet in case there is a theft so they can quickly notify their card companies. Chief Roberson reported that the PVPD conducted a Reducing Criminal Activity (RCA) initiative at the three country clubs that included 1,000 minutes of roaming and stationary police patrol. He noted that it was unlikely that the incidents at the clubs occurred when there was an officer present, but these incidents clearly demonstrate suspects are casing the clubs for crimes of opportunity. He added that an officer attempted to contact an individual at the Mission Hills Country Club, who then fled in their vehicle and was pursued until they crossed into Kansas City, Missouri. Chief Roberson noted that a suspect identified from evidence in two Mission Hills Country Club cases is now in custody due to coordination with Kansas City, Missouri. He noted this individual is suspected in over three dozen burglaries in the metropolitan area. Chief Roberson encouraged residents to make police reports and call for prosecution of a crime, because otherwise the suspect will be released. He added that reported cases establish patterns and over the past year suspects have been developed by DNA evidence, pursuit during a crime, and working with other agencies. Chief Roberson noted there were two vehicular accidents in the report. Mayor Dickey noted the October activity report included an assault and battery offense that was domestic in nature. Ms. Lee noted that the City instituted a new communication process for notifying residents of firework displays permitted outside of the Fourth of July holiday. She asked if this communication reduced the number of calls to police dispatch during the recent permitted firework display. Chief Roberson replied that the police dispatch did not receive any calls related to the recent fireworks display. Councilperson Bruning noted he had multiple fraudulent credit card purchases occur in Mission Hills from Door Dash and asked if it would be appropriate to make a police report. Chief Roberson encouraged filing an informative report because there could be a pattern of fraud occurring. 2 Chief Roberson noted that six of the ten approved License Plate Readers (LPR) have been installed with the most recent installation at Belinder Circle. He noted over a seven-day period 300,000 vehicle tags were captured by the six installed LPRs in Mission Hills. He added that this tag data is uploaded to the metropolitan system and this network resulted in the previously mentioned suspect in custody for prolific burglary. B. Fire District Report Mayor Dickey referenced the Fire District report and noted if the Council had any questions that staff could relay them to Chief Chick. CONSENT AGENDA A. Claims Ordinance No. 1622 B. 2023-2027 Capital Improvement Plan C. Time & Material Prices for Snow/Ice Control on Belinder Sidewalk: Driscoll Turf Care Councilperson Perry moved to approve the consent agenda as presented. Councilperson Nelson seconded. Approved 5-0. NEW BUSINESS A. Kappa Kappa Gamma Foundation Homes Tour Application: 6801 Cherokee Lane & 6449 Verona Road Mayor Dickey noted that Kappa Kappa Gamma Foundation has conducted excellent tours in the past. Councilperson Perry moved to approve the Kappa Kappa Gamma Foundation Homes Tour application for 6801 Cherokee Lane and 6449 Verona Road. Councilperson Nelson seconded. Approved 5-0. FINANCIAL REPORT A. October Financial Report Mr. Carroll reported that revenues continue to be strong but have slowed in comparison to the October 2022 monthly revenues. Councilperson Nelson noted the $90,000 expense in the consent agenda related to the drinking fountain at City Hall and asked for additional information. Ms. Lee noted that expenditure included the drinking fountain and multiple other items completed by the same firm. OLD BUSINESS A. Repeat Nuisance Properties 3 Mayor Dickey noted the report in the packet and asked if there were any questions. Councilperson Weed asked if there had been any change in ownership of 3002 W. 66th Terrace. Ms. Lee replied no, the property is under the same ownership. She added that the structure at 3002 W. 66th Terrace has been demolished and basement removed. Ms. Lee noted that filling the excavated basement, tree sitework, installation of a temporary irrigation system and sod are pending. She noted the property owner has 30-days to submit payment for the demolition expenses, and if payment is not received the City will then place a special assessment against the property. B. Potential 65th Street Undergrounding Update Ms. Lee stated that staff is awaiting the cost estimate for the decorative lighting component and anticipates this data will be available for discussion at the December Council meeting. Mayor Dickey noted the 65th Street undergrounding project would complete the City’s effort to underground front yard utilities. NEW BUSINESS (Continued) B. Request to Replat: 3414 W. 64th Street Ms. Clifton stated that the property owners are seeking to build a new home at this address that is currently two parcels. She noted that the Planning Commission approved their request to replat the address into one parcel and the request of the Council to accept the rights-of-way. Councilperson Perry moved to approve the request to replat 3414 W. 64th Street. Councilperson Thorne seconded. Approved 5-0. C. Ordinance No. 1623 – Building Code Violations and Transfer of Ownership Ms. Lee stated recently there have been a few instances where the Architectural Review Board (ARB) required modifications to an open building permit and a real estate transaction occurred prior to project completion. She added without this ordinance, the City loses the ability to require the completion of the work when the property changes owners. Ms. Lee noted this ordinance would result in a violation being cited to the seller if a real estate transaction occurs before the project is appropriately completed. Councilperson Perry moved to approve Ordinance No. 1623 related to building code violations and transfer of ownership. Councilperson Nelson seconded. Councilperson Weed asked the frequency of real estate transactions occurring when an unsatisfied building permit is open. Ms. Lee stated during the last few months there have been several instances, which were a result of individuals investing in a property and then selling it quickly. She noted the housing environment and interest rate market are shifting, so this resale behavior could decrease. Approved 5-0. D. Ordinance No. 1624 – Standard Traffic Ordinance Councilperson Perry moved to approve Ordinance No. 1624 for the Standard Traffic Ordinance. Councilperson Thorne seconded. Councilperson Nelson noted the Crime Prevention and Safety Committee (CPSC) might consider reviewing the parking of oversized lawn equipment trailers 4 and construction trucks on the street. She opined the scale of lawn equipment vehicles has greatly increased and parking them on the street can pose a danger to drivers. Ms. Krstulic stated the Standard Traffic Ordinance proposed does not change any of the current parking regulations. She added the local regulations in both the proposed Standard Traffic Ordinance and Uniform Public Offense Code were reorganized so that moving forward all local provisions will remain outside the scope of annual review. Councilperson Nelson suggested that CPSC and Police might identify additional provisions to improve the system of rerouting traffic during construction. Councilperson Bruning noted that utility related construction can also increase traffic congestion. Mr. T. McQuaid added for example there are five significant construction projects and utility projects on Belinder Avenue. Mayor Dickey noted the current closure on State Line Road has also increased local traffic on Belinder Avenue. Councilperson Perry asked for additional information about the project on State Line Road resulting in its closure. Ms. Lee replied that Kansas City, Missouri is completing a project that completely closes their lane of traffic and since it is a narrow roadway the whole road is closed. She noted it was scheduled to be a two-week project, but at this time the project has exceeded the original completion date. Ms. Lee stated that when a right of way permit is issued by the City, there is a greater ability to dictate traffic controls. Councilperson Bruning asked if the concurrent construction ordinance takes utility work into consideration and how it augments traffic. Councilperson Weed asked if a gravel parking area in the front yard for off- street parking is required for concurrent construction. Ms. Woolbright replied that typically gravel parking lots are related to large scale projects, such as new residence construction, and are approved as part of the land disturbance site plan review. She added that gravel parking lots are not required in the concurrent construction ordinance and these meetings can be triggered by building permits issued for three or more months. Ms. Woolbright added there were two different concurrent construction meetings for Belinder Avenue which resulted in identifying no parking sign locations and delivery routes. Approved 5-0. E. Ordinance No. 1625 – Uniform Public Offense Code Ms. Krstulic noted that the solicitation ordinance was incorporated into this ordinance, as it was approved after the adoption of the 2021 Uniform Public Offense Code. Councilperson Perry moved to approve Ordinance No. 1625 for the Uniform Public Offense Code. Councilperson Bruning seconded. Approved 5-0. F. Ordinance No. 1626 – Removing Fire Pits and Patios from Definition of Outdoor Recreational Facilities and Clarifying Side and Rear Yard Setbacks Ms. Clifton stated the proposed ordinance would remove fire pits and patios from the definition of Outdoor Recreational Facilities, which would eliminate the 5-week ARB notice. She added all items required in the ARB checklist would still apply to fire pit and patio projects. She added the Planning Commission recommended the setbacks for fire pits and fireplaces remain the same as patios, decks, pools, and outdoor recreational facilities, so they were added to the list of structures that require a 15-foot or 20-foot setback depending on the size of the property. 5 Councilperson Weed asked if fire pits and patios would still require ARB approval. Ms. Clifton replied yes. Councilperson Weed asked if there had been any discussion on adding these structures to a preapproved list. Ms. Clifton noted that ARB has a resolution that allows City staff to approve specific items for building permit. She noted that fire pits and fireplaces are not included in the resolution, because the ARB tends to discuss the material aesthetics. Councilperson Weed asked if there could be an opportunity for Sargent Town Planning to review projects related to recreation to streamline the review process and allow City staff to approve these applications. Councilperson Bruning noted that potential water-run off issues would still be a consideration. Ms. Clifton noted that fire pits and patios were added to the definition of Outdoor Recreational Facilities because the City was receiving a high volume of complaints related to how close these structures were to property lines, loud music, and lighting. She added water run-off was also a complaint because residents were paving a significant portion of their rear yard for these outdoor living features. She noted if these outdoor features were removed from the ARB purview, neighbors would no longer be noticed, nor could they voice concerns about the project in advance of a permit being issued. Councilperson Thorne agreed and noted the ARB agenda continues to have a significant number of outdoor living features applications. Councilperson Bruning moved to approved Ordinance No. 1626 to remove fire pits and patios from the definition of Outdoor Recreational Facility and clarify side and rear yard setbacks. Councilperson Thorne seconded. Approved 5-0. G. Resolution No. 2022-GG – Revisions to Fee Schedule Councilperson Perry moved to approve Resolution No. 2022-GG for revisions to the fee schedule. Councilperson Bruning seconded. Councilperson Nelson noted that Council relies on City staff to determine if the fee schedule is appropriate, especially related to the ARB and Professional Review Panel. Ms. Lee noted that staff reviewed the fee schedule and upon review the $2,000 Professional Review Panel fee is being requested to increase to $2,250. She added that since the Professional Review Panel includes consulting architects, the cost could easily be tracked to demonstrate the fee increase is appropriate. Ms. Lee added the other modifications to the fee schedule are increasing the Urban Forestry License fee to be in line with the Occupational License fee and charging an additional plan review fee if additional work is being added to an issued permit and ARB review is required. She added other fee modifications were discussed but given the ongoing Sargent Town Planning review process and changes to internal review procedures staff determined to evaluate the impact of these modifications over the next year before making any additional recommendations. Approved 5-0. H. Resolution No. 2022-GG – Revision to Design Guidelines for Corner Lots and Intersection Greens Councilperson Bruning asked if the intent of the revision is to prevent accessory structures and play equipment from being placed in the adjacent property’s front yard. Ms. Clifton replied yes and referred to a diagram in the report. She noted that currently the Design Guidelines only address reverse corner lots but do not address corner lots. She noted Resolution No. 2022-GG would expand the Design Guidelines to be applicable to both regular and reverse corner lots. 6 Councilperson Bruning moved to approve Resolution No. 2022-GG for revision to the Design Guidelines for corner lots and intersection greens. Councilperson Thorne seconded. Councilperson Bruning asked if intersection greens were typically related to traffic islands. Ms. Clifton replied intersection greens include locations such as the Verona Columns, Belinder Circle, and intersections with islands on Tomahawk Road and State Line Road. She added that the Planning Commission reviewed the intersection green regulations and determined to maintain the strict recommendation because they are adjacent to and maintain special places within the City. Councilperson Nelson referred to the diagram in the report and asked if many properties would be impacted by this Design Guideline revision. Ms. Clifton replied there would not be a significant number of properties impacted, but the City has received complaints about the placement of existing structures that would have been impacted by this revision. Councilperson Bruning noted that the lots impacted will lose some use of their lot. Ms. Clifton noted as a Design Guideline revision there is the opportunity for the ARB to consider how the lot was developed and the impact to the adjacent neighbor. Ms. Krstulic stated that if the ARB determines it is appropriate to approve a deviation from the Design Guidelines, they have the authority to do so. Mayor Dickey noted if the ARB determined to approve or not approve a deviation from the Design Guideline recommendation an appeal could be submitted to the Board of Zoning Appeals. Approved 5-0. I. 2023 City Council Meeting Dates and 2024 Budget Calendar Mayor Dickey asked the Council to review the meeting dates and noted the March meeting date is adjusted for spring break. Ms. Lee referred to the 2024 budget calendar and noted the only date that is not also a regular Council meeting is the proposed financial and strategic planning session tentatively scheduled for Wednesday, May 17, 2023. Councilperson Thorne noted she will not be able to attend the April 10, 2023 meeting. REPORTS OF CITY STAFF City Clerk Ms. Woolbright referred to the Council calendar of events and noted further discussion of the annual holiday luncheon date is needed. The Council determined to move the annual holiday luncheon to December 14th. City Administrator Ms. Lee referred to her report and noted that the City is not experiencing the same volume of coyote activity and staff is seeking direction from the Council. Ms. Lee stated that it will be difficult for staff to sustain the current monitoring level for trapping and noted the City has been successful in capturing two coyotes. She noted if coyote activity increases the staff could manage a short-term trapping effort. Councilperson Nelson noted two upset residents reached out to her because they learned about the coyote situation from non-residents. Mayor Dickey noted his most recent newsletter article included education on the coyote situation. Councilperson Weed noted the City’s success in capturing two coyotes and the efforts of Mayor Dickey to inform 7 residents about the coyote situation. He added the staff time and expense is difficult to maintain and suggested the City continue monitoring for coyote activity to address ongoing resident concerns. Mayor Dickey requested staff and the CPSC work together to balance monitoring for coyotes and available staff time. Councilperson Nelson asked if there would be an opportunity to mail additional coyote awareness information to residents. Mayor Dickey noted the City’s transparency throughout the coyote situation and added that he plans to address it in his comments at the annual joint meeting of the homes associations. Ms. Lee stated a headline on the City’s website is coyote awareness and the animal control officer has been providing coyote awareness materials to residents. Councilperson Thorne suggested the coyote awareness materials on the website could encourage residents to be mindful of where they place their compost. Councilperson Bruning noted that there is a balance between the City’s trapping efforts and a pet owner’s personal responsibility. Ms. Lee noted that the City would mail pet license renewal letters before the end of the year and coyote awareness materials could be included in this letter. The Council agreed the pet license renewal letter would be the appropriate opportunity to provide direct education to pet owners. Councilperson Perry noted that he had received feedback from residents who voted at City Hall and noted the line was in some instances 30 to 40 minutes, which did not occur when voting took place at the local churches. He asked if the City plans to continue to be a voting location. Ms. Lee stated that the City has not received formal feedback from the election office. She added that the supervising judge found voting at City Hall to be favorable and increased the number of voting machines for the general election by two following the primary election turnout. Ms. Lee noted from staff observation that the line moved slower at the general election than the primary election. Mr. Carroll noted that the general election ballot was exceptionally long, which could have contributed to the longer wait. Assistant City Administrator There were no comments on the Assistant City Administrator report. City Planner There were no comments on the City Planner’s report. MAYOR’S COMMENTS A. Liaison Reports Councilperson Weed noted he was not able to attend the most recent Planning Commission. Councilperson Thorne noted the ARB would meet tomorrow. Councilperson Perry noted the CPSC had not met since the October Council meeting. Councilperson Nelson noted the BZA had one item on the last agenda, but the applicant did not attend the meeting, so the case has been put forth to the next agenda. 8 Councilperson Bruning noted that Park Board is on hiatus until the spring. Mayor Dickey noted that if there is interest in changing liaison positions in 2023 to contact him. Mayor Dickey requested a motion to appoint Stacy Winfield to the Planning Commission. Councilperson Perry moved to appoint Stacy Winfield to the Planning Commission. Councilperson Bruning seconded. Approved 5-0. Mayor Dickey thanked the Council for the support of the sales tax renewal, which was approved by the residents and is a good demonstration of thoughtful use of tax dollars. He noted the police report included the theft of three packages from a porch during midday and requested staff research options for secure package delivery boxes as suggested by Chief Roberson. EXECUTIVE SESSIONS Councilperson Bruning moved “that the City Council recess into executive session to obtain legal advice pertaining to the Mission Road near 68th Street Flood Control Project, pursuant to the attorney-client consultation exception in K.S.A. 75-4319(b)(2). The executive session will include the City Attorney, City Administrator, Assistant City Administrator and City Clerk. The open meeting will resume in the City Council chamber at 6:42 p.m.” Councilperson Thorne seconded. Approved 5-0. Council reconvened at 6:42 p.m. Councilperson Bruning stated that no binding action was taken during the executive session. Councilperson Bruning moved “that the City Council recess into executive session to obtain legal advice pertaining to the Shawnee Indian Mission State Historic Site, pursuant to the attorney-client consultation exception in K.S.A. 75-4319(b)(2). The executive session will include the City Attorney, City Administrator, Assistant City Administrator and City Clerk. The open meeting will resume in the City Council chamber at 6:53 p.m." Councilperson Thorne seconded. Approved 5-0. The City Council reconvened at 6:53 p.m. and Councilperson Bruning moved to “that the City Council recess into executive session to obtain legal advice pertaining to the Shawnee Indian Mission State Historic Site, pursuant to the attorney-client consultation exception in K.S.A. 75-4319(b)(2). The executive session will include the City Attorney, City Administrator, Assistant City Administrator and City Clerk. The open meeting will resume in the City Council chamber at 7:05 p.m." Councilperson Thorne seconded. Approved 5-0. Councilperson Bruning stated that no binding action was taken during the executive session. Meeting adjourned at 7:01 pm /s/ Meghan Woolbright City Clerk 9