City Council

MINUTES OF THE CITY COUNCIL MEETING CITY OF MISSION HILLS, KANSAS December 11, 2023 The City Council of the City of Mission Hills, Kansas held a meeting on December 11, 2023 at 5:30 p.m. PRESIDING: Mayor David W. Dickey PRESENT: Councilpersons Bill Bruning, Gregg Davidson (phone), 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; Chief Byron Roberson, Prairie Village Police Department (PVPD) VISITORS: Mike McQuaid, Fairway, KS; Tim McQuaid, Mission Hills, KS, Cathy Morrissey, Wiese Research Group; Addie Perry, Mission Hills, KS; and Desmond Perry, Mission Hills, KS CALL TO ORDER Mayor Dickey called the meeting to order at 5:30 p.m. and the pledge of allegiance was recited. BUDGET AMENDMENT HEARING Mayor Dickey opened the public hearing for an amendment to the 2023 Budget at 5:31 p.m. There being no public comment, Mayor Dickey closed the public hearing at 5:31 p.m. GREETINGS AND INTRODUCTIONS Mayor Dickey greeted visitors and noted that the order of the agenda would be adjusted to accommodate the interests of the visitors. Mayor Dickey noted that the meeting would be recorded for the purpose of meeting minutes. OATH OF OFFICE FOR ELECTED COUNCILMEMBERS Mayor Dickey administered the oath of office for newly elected Councilmember Gregg Davidson and reelected Councilmembers Eden Thorne, and Andy Weed. RECOGNITION OF OUTGOING COUNCILMEMBER Mayor Dickey noted that over the past fifteen years Mr. Perry has served the City in a variety of capacities, including the Crime Prevention & Safety Committee, Board of Zoning Appeals, and since 2015 as Councilmember, where he served a term as the Council president. Mayor Dickey added that Mr. Perry is a great asset to the community and the City is thankful for his time and his service. He added that the City is also thankful to Mr. Perry’s family who has supported him during his service and appreciates that time spent serving the community is time away from 1 home. Mayor Dickey noted that he is hopeful that Mr. Perry will return to serve the City in some capacity in the future. Mr. Perry noted he looked forward to City service in the future. APPROVAL OF MINUTES OF COUNCIL MEETING – November 13, 2023 Councilperson Nelson moved to approve the minutes of the November 13, 2023 meeting. Councilperson Weed seconded. Councilperson Bruning noted the discussion on the 63rd Street crosswalk location and asked if discussion reflects the consensus of the Council. Mayor Dickey stated that the draft minutes reflected his statements that he believes the current crosswalk location is correct, while understanding how the engineers arrived at their conclusion. Councilperson Weed noted that the traffic engineer proposal included the current crossing location as an option. Ms. Lee added that the current crossing location meets the minimum standards and site distance for a crossing and the engineer’s proposed location would have provided a site distance greater than the minimum. Councilperson Bruning asked that these details be added to the minutes. Approved 5-0. PUBLIC SAFETY A. Police Report Chief Roberson stated that former Councilperson Perry has been great to work with over the years and he is grateful for his continued service on the Civil Service Commission. He referred to the November narrative report and noted there was an incident of porch piracy. Chief Roberson added that generally package theft remains low and patrolling officers have reported that there are fewer packages being left on porches. He noted that individuals will drive around looking for packages. He added that the delivery companies have helped reduce the opportunity for package theft by encouraging people to have an alternative drop off location if they are not able to collect it at time of delivery. Chief Roberson reported there was a theft of vehicle from in front of a residence and noted the vehicle was unlocked with the keys inside and was later recovered in Kansas City, MO. He reported there was a theft of a vehicle from a country club parking lot, which is still under investigation since the vehicle was locked and the victim still had their keys at the time of the theft. Chief Roberson reported there was a theft from an unlocked vehicle and the victim declined prosecution. He stated he encourages people to be willing to prosecute otherwise there is no further investigation or possibility of connecting the incident to other crimes. Chief Roberson reported in the second theft from vehicle the passenger window of the locked vehicle was shattered but no items were stolen. He noted in Prairie Village and Overland Park there have been an increased number of shattered windows, especially in apartment complexes and locations where there are many cars parked. He added individuals are willing to shatter windows if there are visible items of value. Chief Roberson noted there was one residential burglary of a home under construction and two traffic accidents. He added in the accident at the island at Tomahawk Road and 67th Street with the overturned vehicle, there is an investigation as to whether there were contributing circumstances, but it appears the vehicle was going too fast. He noted in the second accident, a legally parked mail vehicle was struck. Mayor Dickey noted a crime was likely prevented because the license plate reader (LPR) system picked up a reported Uber driver’s plate and asked Chief Roberson for more details. Chief Roberson replied that the Olathe Police Department and Sheriff’s Office had an open 2 investigation and entered a plate into the LPR system. He added this plate hit a couple of times in Prairie Village and once in Mission Hills, and the PVPD stopped the individual who was then taken into custody. Chief Roberson noted recently there has been an increased number of vehicles reported stolen entering the area and whose plates are being targeted by the LPR system. He noted when officers respond to the area with a stolen plate hit the drivers often flee, which deters further criminal activity. Mayor Dickey noted the value of the LPR systems in the case of detaining the Uber driver who was a crime suspect. Councilperson Bruning noted the traffic accident at the island on Tomahawk Road and 67th Street and asked if the City received the driver’s insurance information for a claim. Ms. Lee replied yes, and the police report includes the driver's insurance information, and the City will assess the damage and make a claim for any needed repairs. Councilperson Nelson asked if the driver was injured in the rollover accident. Chief Roberson replied the driver was not injured. Mr. Carroll noted there was an insurance reimbursement for the damage to the retaining wall from a vehicle accident at 55th Street and State Line Road. Mr. T. McQuaid asked if the fountain on the island at the Tomahawk Road and 67th Street was damaged by the driver. Mr. Carroll replied it appears there was some damage, but the fountain is winterized for the season and further review will be needed in the spring. Councilperson Bruning noted he observed an older gentleman be arrested for driving under the influence of alcohol in front of his home. He noted that the officers followed the procedure taught at the Citizen’s Police Academy and conducted the arrest with great respect to the individual. Chief Roberson referred to the December activity report and noted there have been 14 DUI arrests this year and every night officers are testing individuals suspected of DUI. He added this past week a child was killed in Shawnee by a suspected drunk driver and the issue of impaired driving continues to be a serious problem in Johnson County. Councilperson Bruning added he was struck by the comprehensiveness of the engagement and respect shown by the officers in the incident he witnessed. Chief Roberson added that people who are arrested for DUI are not necessarily bad people, but they did make a bad decision with the potential of serious consequences, so the police need to handle these incidents responsibly. Councilperson Weed noted he has heard concerns that the proliferation of LPR and cameras in the City is an invasion of privacy. He added his response to these concerns is that the City is fortunate to have the LPR system as a crime fighting and prevention tool. He asked Chief Roberson if the issue of privacy had been challenged and its rebuttal. Chief Roberson replied that privacy is very important to the PVPD and as citizens, since no person wants to be spied upon or feel that their privacy has been invaded. He clarified that the LPR does not record or track individuals’ movements but is a clearing house for license plate sequences. Chief Roberson added that these license plate sequences are not associated with a person or a state, and once a series has been entered into the system the LPR searches for a match. He added there is not a LPR database of read plates, since the data is only maintained for 30 days to provide investigators a tool for determining whether a plate was involved in a crime. Chief Roberson added the LPR system is a crime fight tool not a spy tool and opined recording is increasing everywhere and the PVPD only records for a specific reason and the data is only maintained for a short period of time. He noted in comparison the traffic cameras record everything without specificity and provide real time information to dispatch. He added officers can be efficiently dispatched to locations with a traffic accident or suspect driving a certain vehicle with the traffic 3 camera live feed recordings. Councilperson Nelson opined that it is important for residents to be clearly informed about the LPR and camera systems and that the upcoming annual homes association meeting would be an appropriate venue. She referenced the 2023 resident survey results and suggested there be a Zoom option to attend the annual homes association meeting. Mayor Dickey noted the City can suggest there be a Zoom attendance option to the hosting homes association. Chief Roberson noted a topic of his address at the annual homes association meeting with be the LPR and camera system. A. Fire District Report There was no additional report or discussion. CONSENT AGENDA A. Claims Ordinance No. 1648 B. 2023 Budget Amendment C. Resolution No. 2023 – FF: Contracts with Van Booven Tree and KC Arborist for 2024 Street Tree Pruning D. Resolution No. 2023 – HH: CARS Agreement with Johnson County, Prairie Village, and Mission Hills for Mission Road (63rd Street to 67th Street) Resolution No. 2023 – HH: CARS Agreement with Johnson County, Prairie Village, and Mission Hills for Mission Road (63rd Street to 67th Street) Councilperson Bruning moved to approve the consent agenda as presented. Councilperson Nelson seconded. Approved 5-0. NEW BUSINESS A. 2023 Resident Survey Results Ms. Lee noted that Ms. Morrissey of Wiese Research Group was in attendance to review the survey results and answer any questions from the Council. Ms. Morrissey stated that it was a pleasure to conduct the survey and the methodology was a random sample of the population because every resident had equal opportunity to participate. She added this methodology is not frequently used and 36% of residents responded, which is phenomenal as most surveys do not have near that response rate. Ms. Morrissey added the survey data demonstrates the citizens of the City have a sense of duty to participate and feel invested in the community. She noted that the survey was mailed to 1,325 households and 476 residents responded with 386 being paper surveys and 90 being online surveys. Ms. Morrissey added that given the finite population and percentage of participation, the results are very representative of the community. She reviewed the demographics of the respondents and noted it is reflective of the City’s demographics. She noted when residents were asked why they chose to live in Mission Hills “beautiful” was used with high frequency, as were “location,” “convenience,” and “safety,” which is shown in the 4 word cloud. She added other considerations for living in the City were schools, quality homes and home value, house and lot size, and variety of homes. Ms. Morrissey noted residents were asked how recently they had direct contract or experience with City services or entities and most residents had had contact with one or more service or entity over the past five years except for Municipal Court. She added when residents were asked their overall impression of each service or entity very few rated their impression as less than good and excellent scores were given. She noted police and fire safety were rated excellent by 70% of the respondents, beautification and maintenance were rated excellent by 63% of the respondents, and City Staff and Mayor/Council were also rated excellent by more than 50% of the respondents. Ms. Morrissey noted given the strong scores the two areas that may have room for improvement are building permits and the Architectural Review Board (ARB). She added the survey was designed to provide residents with the opportunity to comment on their responses and some commented that the ARB should be more strict or more lenient, but the consensus was that the ARB should be consistent. Councilperson Bruning noted the Council is sensitive to ARB process and since the responses were evenly split between the ARB being too strong and too weak, does that obviate the researcher’s concern. Ms. Morrissey replied as a researcher that the data show residents are passionate about the ARB and the comments reflect a strong desire for consistent decisions from the ARB. Ms. Morrissey referred to the gap analysis which compares what residents value as being important in deciding to live to the City’s ratings on those same attributes. She noted specifically there was a gap between how highly the residents value walkability and the actual rating in the City, which could be an issue for consideration. She noted there is also a gap between safety and the City’s rating but given how highly it is rated there is not a concern. She noted typically a gap analysis will show more areas for improvement, but this shows areas of strength, as many rated the City’s rating higher than the importance rating. Ms. Morrissey noted later in the survey when residents were asked about walkability in the City the majority of respondents lived in an area with some sidewalks and the majority of residents were in favor of more sidewalks in their neighborhood for walkability. She noted although there was not a unanimous response for sidewalks, the strongly favor considerably outweighed the strongly opposed. She added there were comments where residents would support sidewalks so long as they did not negatively impact the beauty of the street trees. Councilperson Nelson noted she has served on the Council for many years and sidewalks are an issue the City has been wrestling with during her tenure. She noted many residents want sidewalks but do not want to lose street trees or part of their front yard and given the narrow streets in the City it is a difficult balance. She added delivery vehicles and the increased number and size of lawn service vehicles parked on the street has made walking in the City more challenging. Mayor Dickey noted several sections of sidewalk are currently being installed on State Line Road to connect existing sidewalk routes and the feedback from residents has only been positive. Councilperson Bruning noted that the City Arborist has identified street trees that are aging out and if that could be a time to reconsider planting and 5 sidewalk locations. Ms. Lee noted the City Arborist has inventory data on all of the street trees in the City and could provide a report with locations of aging trees. Ms. Morrissey noted another significant topic while crafting the survey was whether the current guidelines regarding the placement of solar panels on homes should be maintained versus potentially modified in some way. She added the survey sought to explain to the person taking the survey the pros and cons of current solar technology and residents were provided three choices: keep the current regulations, allow solar panels to face the street with aesthetic standards, or allow solar panels anywhere to optimize efficiency. She noted overwhelmingly respondents were in favor of maintaining current guidelines or aesthetic standards. She added those who were considering solar panels in the next five years were in favor of aesthetic standards. Ms. Lee noted at the Council’s request the Planning Commission was discussing solar panel regulations and the Planning Commission was evenly split. She noted this discussion was the impetus for the solar panel questions and revealing whether the Planning Commission was reflective of the City. Ms. Morrissey opined that as a researcher the solar panel questions were written well balanced to both sides of the argument. Ms. Morrissey highlighted the responses to questions related to whether the newly constructed homes in the City are mixed as residents did not strongly agree or disagree, suggesting that some homes meet these standards while others do not. She added that strong or mild agreement was more prevalent than disagreement that new homes are suitable for neighborhoods. She referred to frequency in participation in crime reduction measures, which the vast majority read the Mayor’s letter, Newsletter, and participated in a 9am Routine, but nearly half of the respondents had never participated in the House Watch program, so there is an opportunity to increase resident awareness of this program. Councilperson Nelson noted she was struck by how many residents read the Newsletter and that mail continues to be the best way to communicate. Ms. Morrissey noted the high frequency with which residents read the Newsletter. Councilperson Nelson noted she was surprised how many people reported drainage problems. She noted this data validates the City’s efforts in the past years to address water issues. Mayor Dickey thanked Ms. Morrissey and the survey committee for their work. He noted the results help the City understand areas of success, such as police and fire services and City staff, and highlights areas where the City can improve. He noted in the case of ARB there is a perpetual journey of improvement and adaptation. Mayor Dickey added he would highlight the survey results at the annual homes association meeting, which would also be published to the website and a topic in the next Newsletter. He added the City has been well served by transparency. Councilperson Weed noted this is a public document and will be used by the Council for decision making in the future. Councilperson Thorne asked how long the survey results will remain current. Ms. Morrissey replied the data is relevant for several years unless there are significant changes, such as new programs or population changes. She suggested that if there were program changes then it would be advised to wait for the effect of the program before conducting another survey. Mayor Dickey noted the results of the survey were mostly positive, 6 but there are always opportunities for the City to improve. He added that printed copies of the survey summary could be available at the annual homes association meeting. FINANCIAL REPORT A. November Financial Report Mr. Carroll noted the City’s financial activity is winding down for the year. Councilperson Nelson noted two items were highlighted in the Roads and Bridges expenses and asked for reimbursement details for the construction project the City managed on behalf of a resident. Ms. Lee noted that the Council approved a resolution at the beginning of 2021 for the City staff to manage the bank stabilization project for the residents at 2100 Tomahawk Road. She added the project was successfully completed and the City received full reimbursement of approximately $96,000 for the project costs. Councilperson Nelson requested that the dollar amount for highlighted revenues or expenses be included in the financial cover report for quick reference. OLD BUSINESS A. Repeat Nuisance Properties Mayor Dickey noted a status report on the project at 2517 W. 68th Street was included because this property has previously had repeat nuisances. He noted the building permit at this property was issued an extension that expires February 9, 2024, and there is the possibility that the Council will have to review a request for secondary permit. Councilperson Bruning noted the importance of the nuisance ordinance and its application to nuisance private trees, which can be dangerous for neighboring residents and the community. B. Finalize 2024 City Council Meeting Dates & 2025 Budget Calendar Ms. Lee noted in advance of this meeting, the Council replied to a Doodle poll to schedule the Financial and Strategic Planning meeting for the 2025 budget calendar. She noted that everyone was available for all the dates provided so she selected the earliest date of May 1, 2024. She added that all other budget activities would occur at the regularly scheduled Council meetings in 2024. NEW BUSINESS B. Resolution No. 2023-GG: Contract with Water Resources Solutions for Engineering 2024 Street and Stormwater Improvements Ms. Lee stated that the City solicited proposals from three firms to complete the engineering for the 2024 Capital Improvement Plan (CIP). She referenced the ratings matrix in the packet, which staff used to rate each proposal. She added that the proposal from Water Resources Solutions was the highest rated proposal and the least expensive. Councilperson Thorne noted that Water Resources Solutions has previously completed successful projects in the City. Ms. Lee replied yes and noted the City has worked extensively with their principal engineer, Don Baker. Ms. Lee 7 noted that all three firms submitted satisfactory proposals and there is the possibility that the Brookwood Road mill and paving project might be contracted separately from the 2024 CIP. Councilperson Bruning opined that the analysis protocol of the proposals was comprehensive. Ms. Lee noted the costs are submitted in a separate sealed envelope so that staff can evaluate the proposals objectively. Councilperson Bruning moved to approve Resolution No. 2023-GG for a contract with Water Resources Solutions for engineering 2024 street and stormwater improvements. Councilperson Nelson seconded. Approved 5-0. REPORTS OF CITY STAFF A. City Clerk Ms. Woolbright noted that holiday luncheon is scheduled for Thursday, December 14th at the Indian Hills Country Club. Councilperson Thorne requested that attendee name tags include the person’s board, committee, or consulting firm. B. City Administrator Ms. Lee noted the installation of the connecting sidewalks segments on State Line Road is nearing completion. She added resident feedback has been positive and final sod restoration will occur in the spring. Councilperson Weed noted there are utility locate flags from 71st Terrace to 72nd Street and asked where the connecting sidewalk segments will terminate. Ms. Lee noted that the utility flags were unrelated and there are three segments being installed between 70th Street to 69th Street. Councilperson Weed noted he and Tomahawk Road Homes Association who supported this project are grateful for the installation of these connecting sidewalk segments. Councilperson Weed asked for update on the 65th Street utility undergrounding project. Ms. Lee noted that staff anticipates plans will be finalized in January so that the public engagement process can begin. She added that Evergy has not yet provided a construction schedule. She noted that the Council has authorized the expenditure to complete the 65th Street utility undergrounding. C. Assistant City Administrator Mr. Carroll reported that the Indian Hills Homes Association and the Park Board are partnering on lighting enhancements at various islands and these improvements will be entirely funded by the Indian Hills Homes Association. Councilperson Thorne asked if these are improvements to existing lighting. Mr. Carroll replied that the existing lighting at Belinder Circle will be enhanced and at the urns and torcheres lights will be added to Belinder Court. He added the existing lighting at Eddy Island is no longer functional and will be replaced. Councilperson Nelson noted Eddy Island is beautiful and the new lighting will be a great improvement. D. City Planner There was no additional report or discussion. 8 MAYOR’S COMMENTS A. Liaison Reports Councilperson Weed reported that the Planning Commission will meet this Wednesday. Councilperson Thorne reported the Architectural Review Board (ARB) continues to do an amazing job and thanked Ms. Clifton, Mr. Woofter, Ms. Cluen, Ms. Winfield, Mr. Gibson, and Mr. Banks for their service. She added that reviewing certain projects can be challenging, but the ARB always handles these cases with grace and professionalism. Councilperson Thorne noted the ARB would meet tomorrow and the Professional Review Panel would meet Thursday to review a new home application on 68th Street. Councilperson Nelson reported that the Board of Zoning Appeals (BZA) met and approved a variance request. She added that after serving as the chair for many years, Mr. Halsey requested to step down from this role and Mr. Eiseman was elected chair and Ms. Beam was elected vice chair. She added Mr. Halsey will continue to serve on the BZA. Councilperson Bruning noted the Park Board is on winter hiatus. Mr. T. McQuaid noted the Crime Prevention and Safety Committee had not met. Mayor Dickey noted the upcoming annual homes association meeting and that he would highlight the resident survey results. He asked the Council to contact him if there were topics that they would like him to address at this meeting. He added the City’s 75th anniversary is in 2024 and the Community Engagement Committee will be planning ways to celebrate. Mayor Dickey noted with a new council member the liaison roles will rotate in 2024. He added there will be openings for service on boards and committees in 2024 and asked the Council to share with him recommendations for residents to serve. Mayor Dickey noted the Mission Road project in Prairie Village is nearly complete. Councilperson Bruning moved to enter an executive session, stating “I move that the City Council recess into executive session to obtain legal advice regarding pending matters with the City, 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 Council chamber at 6:40 p.m.” Councilperson Thorne seconded. Approved 5-0. The Council reconvened in open session at 6:40 p.m. Councilperson Bruning stated that no binding action was taken during the executive session. ADJOURNMENT The meeting was adjourned at 6:40 p.m. /s/ Meghan Woolbright 9