City Council

MINUTES OF THE CITY COUNCIL MEETING CITY OF MISSION HILLS, KANSAS January 9, 2023 The City Council of the City of Mission Hills, Kansas held a meeting on January 9, 2023, at 5:30 p.m. PRESIDING: Mayor David W. Dickey PRESENT: Councilpersons Bill Bruning, Barbara Nelson, Braden Perry, and 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; Spencer Jones, City Treasurer; Police Chief Byron Roberson, Prairie Village Police Department (“PVPD”); Police Captain Eric McCullough, PVPD VISITORS: Dan Bortnick, Mission Hills, KS; Lila Bortnick, Mission Hills, KS; Tim McQuaid, Mission Hills, KS; Mike McQuaid, Fairway, KS; Russell Weltner, Mission Hills, KS; Bernie Wilson, Mission Hills, KS; and Anderson Wilson, Mission Hills, KS 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 December 12, 2022 meeting. Councilperson Bruning seconded. All proposed edits were approved and accepted by Councilperson Nelson and Councilperson Bruning. Approved 5-0. PUBLIC SAFETY A. Police Report Chief Roberson referred to the December police activity report and noted that a theft of a locked vehicle occurred at the Lutheran Church. He noted in this case that a window was broken to enter the vehicle. He added that based on the vehicle profile, this theft could be related to a burglary 1 ring referred to as the Kia Boys, who are using illegally fabricated Kia fobs to steal these vehicles. Chief Roberson noted the residential burglary occurred at a construction site. Chief Roberson added there were two package thefts reported in December, which is a reduction from years past. He noted this reduction could be a result of the increased amount of Ring doorbells, and residents being more observant of package deliveries and arranging for deliveries to be placed out of sight. Councilperson Nelson noted that in both cases an unknown male suspect in a white truck is listed and asked if the thefts could be the same suspect. Chief Roberson replied yes it could be the same suspect and added there is an ongoing investigation related to the vehicle tag. He noted that an individual will continue to use a vehicle to commit crimes for as long as possible. Once agencies document a vehicle with cameras and license plate readers (LPR) the vehicle will be abandoned. Chief Roberson noted that once an individual abandons a vehicle, the cycle of looking for an unlocked vehicle with a key fob to steal is initiated. He noted the PVPD will attend the Joint Homes Association meeting and inform residents that when unlocked vehicles with accessible key fobs are stolen it creates the opportunity for those vehicles to then be used to commit crimes of escalating severity. Chief Roberson referred to the attempted theft of a vehicle from a construction site that was interrupted by a worker. He added that another worker entered their vehicle and chased the suspect, who then pointed a gun at their pursuer. Chief Roberson stated chasing a suspect is dangerous and encouraged individuals to call 911 and provide a witness statement that officers in the area can use to respond. Chief Roberson added there were three thefts from vehicles and in each case the vehicle was unlocked with visible valuables. Chief Roberson referred to year end activity report and noted burglaries from residences decreased in 2022 to 9 from 13 in 2021, aggravated burglaries deceased in 2022 to 6 from 12 in 2021, and overall thefts increased in 2022 to 81 from 55 in 2021. He clarified that aggravated burglary is when a burglary occurs adjacent to an entry point to the home, such as a garage. He added the general increase in theft points to the criminal element seeking crimes of opportunity in the community. Chief Roberson added when analyzing the theft data that the theft from motor vehicle increased in 2022 to 42 from 27 in 2021 and auto thefts increased in 2022 to 21 from 15 in 2021. He noted that more than 90% of these thefts occurred from an unlocked vehicle with the key fob inside or in proximity. Chief Roberson noted the total mental health calls increased in 2022 to 30 from 20 in 2021, which indicates a greater knowledge of the service. He added the number of calls answered by officers increased in 2022 to 1,759 from 1,494 in 2021. Mayor Dickey noted the progress made in 2022 to reduce the number of residential burglaries is positive but the City must continue to campaign residents to lock and remove their valuables from their vehicles. He indicated he would send a follow-up Mayor’s public safety letter to the residents. Mayor Dickey stated that vigilance is the key, and the goal is for the City to not be desirable for these crimes of opportunity. Councilperson Weed noted that there was an increase in fraud in 2022 and asked if this was a result of more fraud or fraud reporting. Chief Roberson replied both and noted there are a considerable number of scams and people are reporting them on behalf of family members. He noted in 2022 there was a considerable number of IRS related scams that targeted the elderly. He added that the PVPD has launched social media campaigns related to scams, but it can be difficult to educate the elderly population on this issue. Councilperson Weed asked if the majority of fraud in the City is online or by telephone as opposed to door-to-door fraud. Chief Roberson replied yes and noted here have been a few instances of fraudulent solicitation but that is uncommon. Councilperson Bruning noted the accident report where a 2 vehicle struck the rock retaining wall and rock wall of the circular fountain at Colonial Court and asked if the driver was impaired. He added this fountain was previously struck by an impaired vehicle and asked if the configuration of this intersection could be contributing to the accidents. Chief Roberson replied that he cannot specify if there is a direct correlation between the configuration and accidents at this location, but there is a measurable number of driver impaired arrests in Mission Hills, especially along State Line Road from the Plaza and Westport areas. Councilperson Bruning noted that the Park Board is considering replacing the fountain that was damaged and asked if this should be discouraged. Chief Roberson noted that impaired drivers have more difficulty maneuvering any streets. Mayor Dickey noted that the City was designed to be meandering and additional lighting would not help an individual who chooses to drive in the City impaired. Captain McCullough clarified that the driver who struck Colonial Court was cited for distracted driving. Chief Roberson reported that seven of the license plate readers (LPR) have been installed and are connected to the network. He noted LPRs are scheduled to be installed at 70th Terrace and Belinder Avenue and 63rd Street and Indian Lane, and cameras only at Verona Columns. He added the installed locations have been utilized to work cases within the City and metropolitan area. Mayor Dickey noted that the cameras captured the SUV that crashed into the tree on Belinder Avenue and that fleeing suspect was picked up by another stolen vehicle driven by an associate. Mayor Dickey clarified that there was a carjacking that occurred in Kansas City, MO a week ago where the suspects then fled into Prairie Village. He added the suspects crashed the stolen vehicle on Mission Road, where one individual was apprehended by Chief Roberson and the other suspect remains at large. He added the metropolitan agencies coordinated their response and PVPD managed the situation very well. Chief Roberson added as part of this incident the police dispatch sent a geographically based Notify JoCo message to Prairie Village and Mission Hills residents who were in proximity of the crime and fleeing suspects. Chief Roberson added there was only one dispatcher who managed the influx of calls following a Notify JoCo message and continued to manage other urgent calls that need officer response. NEW BUSINESS B. Coyotes – Recommendation from the Crime Prevention and Safety Committee Mr. T. McQuaid reported that the Crime Prevention and Safety Committee (CPSC) met the previous week regarding coyotes and noted the City had previously succeeded in trapping two coyotes at a private location, which is no longer available. He noted the CPSC discussed trapping alternatives for managing coyotes and Chief Roberson and Captain McCullough are consulting with Johnson County and Kansas State departments to identify potential alternatives. Chief Roberson stated that they have an inquiry with Johnson County Parks Department, since they have control measures for deer populations. He noted that a management option discussed was the use of tranquilizers, which the Community Services Officer (CSO) can use but does not have the training or equipment for managing coyotes. Mr. T. McQuaid noted that the CPSC discussed the utilization of tranquilizers because they have a relatively short range and can be very effective. Councilperson Bruning asked if the CPSC had discussed the option of ignoring the coyote population and if communities in the country are learning to live alongside coyotes. He noted there had been one incident of a pet being killed in the past three year, so there can also be a risk in not acting. 3 Mr. Weltner introduced himself to the Council and noted he has lived in Mission Hills for more than twenty years and joined the CPSC in 2021. He noted the City Council requested the CPSC meet to discuss opportunities to manage coyotes in March 2022. At this meeting the animal control officers from the PVPD and State agencies recommended when residents come into contact with coyotes that they engage in hazing them with loud noises. Mr. Weltner noted the City Arborist, Jesse Kirk, supported the CPSC efforts and installed trail cameras to observe coyote behaviors and the City entered a contract with a trapper in May 2022. He noted that between June and October 2022 this contractor trapped two coyotes. He opined that the coyotes are very intelligent animals and have triggered the traps without being caught. Mr. Weltner noted over the Christmas holiday he was contacted by residents who sighted coyotes on the Kansas City Country Club. He added there was a person walking their dog near Sunken Garden who was being followed by a coyote, so the PVPD dropped off the individual at another location to avoid an interaction with the coyote. Mr. Weltner noted the resident whose dog was killed by a coyote has reported they continue to see coyotes in their back yard. He reported another resident’s dog was nearly killed by a coyote and other cities including Fairway, Prairie Village, and Leawood have reported dogs killed by coyotes. Mr. Weltner reported that residents are feeding coyotes and opined that residents are making the community attractive for coyotes, who become very territorial of favorable locations. He suggested there could be as many as 10 dogs killed by coyotes in the area. Councilperson Nelson asked how many dogs have been killed by coyotes in Prairie Village. Captain McCullough replied two dogs. Councilperson Nelson asked how many coyotes are estimated to be in Prairie Village. Councilperson Nelson asked if any communities are counting their coyote population. Chief Roberson replied not to his knowledge. Mr. Weltner stated he personally reached out to individuals who rifle hunt coyotes. He stated these individuals believe that Mission Hills has four aggressive coyotes responsible for dog killings in the area. He noted these individuals believe these aggressive coyotes cannot be trapped and recommended a hunt prior to mating season for which he has secured two locations along the creek. Mr. T. McQuaid noted previously there was doubt that the City would be able to trap coyotes and the City successfully trapped two coyotes at one location. He opined there could be additional success if there were additional trapping locations. Mr. T. McQuaid stated there could be a possibility to use a tranquilizer against coyotes, but he is strongly against a rifle being used in the City to hunt coyotes. He added the CPSC is seeking further direction from the City Council. Councilperson Thorne asked Mr. Weltner to clarify the two locations along the creek that had provided permission for their property to be used. Mr. Weltner replied one property is close to Kansas City Country Club and one property is west of Hiawassee Park. Councilperson Bruning noted that another resident had previously suggested hunting coyotes with bows and arrows on the Kansas City Country Club property and opined that any hunt could be a public safety concern. He referenced a recent Wall Street Journal article about communities learning to live with wildlife, including coyotes, and asked if the CPSC has determined that action is required. Councilperson Perry stated that the CPSC voted unanimously to request the City Council consider additional coyote management options because the previous trapping location is no longer available. He noted that Mr. Weltner has gained permission from two residents for an alternative solution, who would most likely require indemnification and so would the City. He added that the coyotes in Mission Hills are an issue and data presented to the CPSC indicates that the coyotes have a long range and potentially could be killing dogs beyond the City limits. Councilperson Perry noted the CPSC is interested in learning how other options could be implemented from a City standpoint. Mr. T. McQuaid added that trapping was not eliminated as 4 an option by the CPSC. Mr. Weltner noted the cost to trap two coyotes over four months was approximately $6,000 and the individuals he has contacted for a hunt believe two coyotes could be eliminated in two nights. Mayor Dickey asked Chief Roberson to report the PVPD standpoint on this matter. Chief Roberson replied that the CPSC was presented the option of a hunt with high-powered rifles, which the PVPD would not recommend. He noted the PVPD does not know the level of professionalism or training of these individuals. He noted these hunters are on a State registry, but there is not a vetting process. He added municipalities and populated areas do not engage in rifle hunts because they are too dangerous and create too much liability. Chief Roberson stated that the City or the property owner would have to take on the liability. He added these hunters are individuals, as opposed to hunting firms, and most likely do not carry liability insurance. Chief Roberson reiterated that any use of a firearm in a municipal area is not recommended, because the rounds must come down somewhere and accidents happen. He noted that police officers are constantly training with firearms and are not always accurate. He added that coyotes have caused problems in municipal areas, but coyotes are indigenous to the environment we live in, and society has to manage interactions with wild animals. Chief Roberson stated that if there was an incident where a coyote attacked a human then the PVPD would go after and seek to eliminate the offending animal, but that would still be difficult. He added that if there was a hunt, so long as the habitat is still conducive for coyotes, another group of coyotes will move into the area the following season. Councilperson Bruning noted that trapping could be an option and asked Chief Roberson if the community can live with coyotes in the environment. Chief Roberson replied that this region has lived with coyotes for hundreds of years and throughout his 28-year career with PVPD the community has lived with coyotes. Mayor Dickey requested the Council move into executive session to receive legal advice from the City Attorney regarding the potential liability of allowing coyote eradication. Councilperson Bruning moved “that the City Council recess into executive session to obtain legal advice pertaining to potential liability if the City allows coyote eradication, 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 chambers at 6:32 p.m. Councilperson Nelson seconded. Approved 5-0. Councilperson Bruning stated “no binding action was taken in the executive session.” Councilperson Perry stated he provided the Council with additional information regarding the CPSC unanimous vote to be aggressive in the best means to eradicate the coyotes and move forward in way that best manages potential liability. He noted that moving forwarding in an aggressive manner is valid. Mayor Dickey stated that the option of a hunt with weapons is not something the Council supports at this time. He reiterated that two coyotes were trapped on one property, when there was doubt that any coyotes could be trapped. Mayor Dickey noted that the Council appreciates Mr. Weltner’s efforts to identify properties that want to help mange coyotes. He stated the Council is supportive of placing several traps along the creek and empowers staff with the necessary resources to engage the appropriate trappers. Mayor Dickey requested the Council work with residents along the creek to identify appropriate trapping locations. Councilperson Bruning asked if trapping could occur at Hiawassee Park along the creek. Ms. Lee noted that a goal is for traps to be in locations that avoid trapping dogs and other animals that access the creek every day. Mayor Dickey noted that when a resident utilizes the public park, 5 they do not have an expectation that there could be a trap, whereas a person on private property is trespassing. Councilperson Nelson asked the target area for trapping. Mayor Dickey replied along Brush Creek from the Belinder Low Water Crossing to the Village Presbyterian Church. Mr. Weltner noted finding appropriate trappers can be a challenge. Mayor Dickey noted that multiple trappers could be contracted if necessary and thanked the CPSC and PVPD for their continued efforts related to coyote management. PUBLIC SAFETY 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. He added that Chief Chick would attend the February Council meeting. CONSENT AGENDA A. Claims Ordinance No. 1628 B. 2023 Time & Material Contracts I. Consulting City Architect: Todd Ault II. Construction: LMCC III. Engineering: GBA, Water Resources Solutions IV. Survey: BHC Rhodes V. Tree Work: Ofilio’s Tree Service, Van Booven Councilperson Perry moved to approve the consent agenda as presented. Councilperson Thorne seconded. Councilperson Weed asked for additional clarification on the qualification process for establishing time and material contracts. Ms. Lee replied that the firms with time and material contracts have an established relationship with the City and noted that they have all successfully completed projects for the City for many years, Mr. Ault has been the City’s consulting architect for two decades, and both tree companies were invited to bid on the City’s 2023 street pruning contract. She noted that the City is seeking to establish more relationships with engineering firms. Councilperson Weed asked if the City seeks to add new firms for services. Ms. Lee replied yes. Approved 5-0. FINANCIAL REPORT A. December Financial Report Mr. Carroll referred to the December revenue and expense report and noted the 2022 fiscal year is complete and actual revenues were 12.4% ($1.2 million) above the estimated revenues due to the 2nd ARPA (America Relief Plan Act) payment, insurance reimbursement, and sales tax exceeding expectations. He added for comparison that in 2021 the revenues were 22.7% ($2 million) above the budget estimate due primarily to the $1.5 million CARS reimbursement for the Tomahawk Road project. He noted that these actuals demonstrate the growth of the sales tax between 2021 and 2022 fiscal years. Mr. Carroll added that the large expense in the contractor line item in the General Government category is related to the demolition costs of 3002 W. 66th Terrace. Councilperson Weed asked for clarification on the stormwater utility fund that budgeted to expend $520,000 but the year-to-date actuals shows $700,000 was expended. Ms. Lee noted 6 that the budget publication should have been the $700,000 amount, but there was an entry error and $520,000 was published. She noted that the budget had always included the $700,000 expenditure for the Tomahawk Road project and the budget amendment approved at the December Council meeting corrected this publication error. Mayor Dickey reiterated that the CARS reimbursement is specifically tied to the Tomahawk Road project and is not a reoccurring revenue. Councilperson Bruning noted the Local Sales tax revenue was up by 133% and noted the continued importance of sales tax to the City’s revenues. He asked if staff could prepare a brief explanation of each sales taxes source and how their revenues are applied. Ms. Lee replied yes. Mayor Dickey noted that sale taxes are voted upon by citizens and many are attached to specific efforts, such as the construction of the new County Courthouse. Ms. Lee added that some of the sale taxes listed in the revenues were approved with a sunset. B. 2022 Preliminary Year-End Outlook Ms. Lee referred to 2022 preliminary year-end outlook with potential encumbrances for Council review and feedback. She added a more comprehensive year-end report would be provided at the February meeting and noted the encumbrance of $770,000 is a result of postponing the 70th Terrace project from 2022 to 2023 and the encumbrance of $720,000 programs the bond proceeds from Tomahawk Road to offset a future capital project. Ms. Lee noted the remaining funds programmed for encumbrances are generally due to cost savings and sales tax outperforming estimates. Councilperson Thorne noted the potential encumbrance of replacing the drinking fountains in the parks and asked for additional information. Ms. Lee noted the existing drinking fountains at Sunken Garden and 64th Street & Belinder Avenue meet the City’s aesthetics but are difficult to maintain and are frequently not functional. She added that new drinking fountains would be identified by the Park Board and submitted to the Architectural Review Board (ARB) for approval. Councilperson Thorne noted the potential stone wall replacement in Brush Creek at Tomahawk Road Bridge and asked for additional information. Ms. Lee noted that Johnson County Wastewater is replacing their pipe system adjacent to the creek in concurrence with the Prairie Village Mission Road project and there could be an opportunity for the City to build a stonewall similar to the wall in Hiawassee Park. Ms. Lee noted that the wastewater project will disturb the existing geocell bank stabilization and noted the project engineers had suggested either installing a wall or replacing the geocells. Mayor Dickey noted that the potential encumbrances listed in the report are for consideration and the Council will not be deciding until the year-end reports are finalized. Ms. Lee agreed. Councilperson Bruning noted that Burns & McDonnell would present their review of the potential impacts of the Prairie Village proposed 2023 Mission Road Project to the Council in February. He asked if Prairie Village is aware of the City’s concern. Ms. Lee replied yes and noted last week that she met the Prairie Village project engineer and a Mission Hills resident who had questions about the Johnson County Wastewater portion of the project on site. She noted that the Prairie Village project engineer reported to her that the engineering final plans had just been received by Prairie Village and were under review. Ms. Lee added that Burns & McDonnell will be provided the final plans for their review. Councilperson Bruning asked if the erosion and sediment control plan would be included in the final plans. Ms. Lee replied yes. Councilperson Weed asked if the Burns & McDonnell review of the 2023 Mission Road project would be on the February agenda. Ms. Lee replied yes. 7 OLD BUSINESS A. Repeat Nuisance Properties Mr. Carroll reported that the project at 2520 W. 63rd Street has a final extension payment due on January 15, 2023. He noted the deadline for full project completion per the approved Council extension is January 31, 2023. Mr. Carroll stated that staff observed in late November 2022 the property owner’s decision to hydroseed the lot and given the timing staff reached out to them with concerns that there was a high probability the hydroseed would not fully germinate prior to the January 31st deadline. Ms. Carroll noted that without proper ground cover, the property would not pass final inspection for their land disturbance permit requirements and therefore receive no refunds for their extension payments. He added that plant material in the rain garden as required by the drainage study has yet to be installed. Councilperson Weed asked if the completion of outstanding building permit items has proceeded on schedule. Mr. Carroll noted that a final inspection has not been scheduled for the building permit, but the project appears to be proceeding on schedule. Councilperson Weed noted the progress on the building permit and asked if there would be an opportunity to extend the land disturbance and drainage study completion timeline. Ms. Lee replied that any modifications to the requirements for an extension would be a Council decision. She added without additional Council action, if the full project is not in compliance by January 31, 2023, then the City would not refund any extension payments. Councilperson Perry noted he has communicated with the property owner and the building permit is on track for completion by the deadline and the hydroseeding is now sprouting. He suggested the Council discuss the status of the full project in February and noted there could be an opportunity to return extension payments. Councilperson Weed agreed and noted the property owner has made a concerted effort to complete the project. Mayor Dickey noted that the City managed the nuisance abatement at 3002 W. 66th Terrace and sodded the lot to meet the planned non-build demolition requirements. Councilperson Bruning noted the gas utility completed work in the right of way in front of his home and the trench was filled with sand as opposed to sodded. He noted that sod is scheduled for the spring. Ms. Lee noted the gas utility completed their project outside of sod season and restoration with sod will be required in the spring. Mayor Dickey added the Council could discuss extension or exemption for the ground cover and plantings at 2520 W. 63rd Street project in February. Councilperson Nelson noted the project has been historically behind. Councilperson Perry noted that the penalty would be $15,000 in permit extensions in addition to previously paid permit fees. He noted this discussion is contingent on state of the hydroseed and plantings on January 31, 2023, so Council could discuss the matter in February. Councilperson Nelson noted the need for ground cover, especially since the eastern property owner had previously noted concerns related to water runoff. Ms. Lee noted that once the hydroseeding was observed the City asked the property owner to reinstall the stormwater controls and the property owner immediately complied. The Council noted that discussion on the matter could resume in February dependent on the status at the deadline. 8 NEW BUSINESS (Continued) A. 2022 List of City Accomplishments There were no comments on the 2022 List of City Accomplishments. REPORTS OF CITY STAFF City Clerk Ms. Woolbright noted that the Joint Homes Association meeting on January 12th is scheduled to start at 5:45 p.m. City Administrator Ms. Lee noted the City is soliciting proposals for a unique traffic study at the Belinder Low Water Crossing and staff is anticipating three or four proposals for the Council’s consideration at the February meeting. She added the bids for the three 2023 capital improvement projects will be solicited in January and brought back to the Council’s February meeting. She noted the 70th Terrace project will be bid separately in March and brought to the Council’s April meeting. Assistant City Administrator Mr. Carroll referred to the 2022 year-end report and noted the City received 396 issue submissions through SeeClickFix. City Planner There were no comments on the City Planner’s report. City Arborist There were no comments on the City Arborist’s report. MAYOR’S COMMENTS A. Liaison Reports Councilperson Bruning noted the Park Board did not meet. Councilperson Nelson noted the BZA did not meet. Councilperson Perry noted the meeting’s previous coyote discussion and highlighted the time and effort the CPSC has put forth on this topic. He noted the City Arborist summarized the City’s efforts for coyote prevention in a presentation to the CPSC. Ms. Lee stated this presentation could be sent to the Council. Councilperson Thorne noted the ARB would meet tomorrow. 9 Councilperson Weed noted the Planning Commission would meet Wednesday and the primary topic will be solar panels on the front of houses. B. Appointment Mayor Dickey referred to Natalie Busch’s resume in the Silver Packet and noted he would like to recommend her appointment to the open vacancy as an alternate on the ARB. He noted Ms. Busch has a passion for the work of the ARB and recently completed a large, successful project at her home. Councilperson Weed moved to approve Natalie Busch as an alternate to the ARB. Councilperson Thorne seconded. Approved 5-0. Mayor Dickey stated he and Chief Roberson would have prepared presentations at the Joint Homes Association meeting on January 12th. He thanked the CPSC for their diligence in actively addressing the coyote issue and noted nationwide there has not been a simple solution. Mayor Dickey encouraged the Council to read the City of Fairway’s response regarding the status of the Shawnee Indian Mission. Meeting adjourned at 7:02 pm /s/ Meghan Woolbright City Clerk 10