City Council

MINUTES OF THE CITY COUNCIL MEETING CITY OF MISSION HILLS, KANSAS January 8, 2024 The City Council of the City of Mission Hills, Kansas held a meeting on January 8, 2024 at 5:30 p.m. PRESIDING: Mayor David W. Dickey PRESENT: Councilpersons Bill Bruning, Gregg Davidson (phone), Barbara Nelson, 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; Chief Byron Roberson, Prairie Village Police Department (PVPD); Captain McCullough, PVPD; and Captain Washington, PVPD VISITORS: Mike McQuaid, Fairway, KS and Tim McQuaid (phone), 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. 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. APPROVAL OF MINUTES OF COUNCIL MEETING – December 11, 2023 Councilperson Weed moved to approve the minutes of the December 11, 2023 meeting. Councilperson Nelson seconded. Approved 5-0. PUBLIC SAFETY A. Police Report Chief Roberson referred to the December narrative report and noted there were two thefts from locked vehicles. He noted in the first incident the rear passenger window was shattered to access a visible backpack and the resident’s Ring camera captured an individual leaving the vehicle with the backpack. Chief Roberson reported in the second incident the driver’s side window was shattered to access a suitcase in plain view. Chief Roberson reported that there were two aggravated residential burglaries with theft of vehicle and clarified that aggravated means the suspect accessed a garage or other structure attached to the residence while an individual was home. He noted in the first case there was a vehicle outside the garage that was unlocked with a 1 garage remote that provided entry into the garage where an unlocked vehicle with the keys inside was stolen. He added that the vehicle was recovered in Kansas City, MO. Chief Roberson noted in the second case that an unlocked vehicle with the keys inside was stolen from an open garage. He added that at this time the vehicle has not been recovered. Chief Roberson reported there was one traffic accident where no citations were issued. Mayor Dickey noted the December Activity report is not the official year-end report, but the annual percentage of change shows criminal activity has decreased from the previous year. He thanked Chief Roberson and his staff for their much-appreciated efforts to reduce crime levels. Mayor Dickey added in 2023 that aggravated burglary decreased by thirty-three percent and theft in total decreased by forty-six percent. Councilperson Weed also thanked Chief Roberson and staff for their efforts and noted residents will be interested in the Chief’s address of this topic at the upcoming Annual Homes Association meeting. He also noted that two residents have reported concerns about speeding traffic on State Line Road. Councilperson Weed noted a solar speed reader has been placed on State Line Road, which will heighten awareness and potentially decrease speeding. Chief Roberson noted his presentation at the Annual Homes Association meeting will include crime data from 2022 and 2023 and highlight the impactful strategies deployed in the last twelve months that have helped to deter criminal activity in the City. Councilperson Nelson noted the thoughtful and situationally aware patrolling officers in the City and complimented the amazing service they provide residents. Chief Roberson referred to his experience as a patrolling officer and noted that PVPD officers actively patrol neighborhoods and observe traffic patterns for irregularities, which can deter and interrupt criminal behavior. A. Fire District Report There was no additional report or discussion. CONSENT AGENDA A. Claims Ordinance No. 1649 B. 2024 Time & Material Contracts I. Consulting City Architect – Todd Ault II. Construction: LMCC III. Engineering: Lamp Rynearson, Water Resources Solutions IV. Survey: BHC V. Tree Work: Ofilio’s Tree Service, Van Booven, KC Arborist, Arbor Master C. Resolution No. 2024-A: Contract with Water Resources Solutions for Contract Administration and Construction Observation of 2024 Street/Stormwater Program Councilperson Nelson moved to approve the consent agenda as presented. Councilperson Thorne seconded. Councilperson Bruning referred the Resolution No. 2024-A for the contract with Water Resources Solutions report and for more details on the budget. Ms. Lee replied that the Brookwood Road mill and pave project will be addressed separately from the 2024 Street and Stormwater Program, which reduced the overall engineering costs. She added that contract administration was not originally included in the 2024 Street and Stormwater engineering proposal, so the costs in Resolution No. 2024-A are a result of removing Brookwood Road from the 2024 Program and adding contract administration. She noted the cost for contract 2 administrator exceeds her spending authority, so a resolution from the Council is required. Approved 5-0. FINANCIAL REPORT A. December Financial Report Mr. Carroll referred to the December financial report and noted that the 2023 projected revenues exceeded the budgeted revenues. B. 2023 Preliminary Year-End Outlook Mr. Carroll noted that the 2023 preliminary year-end report shows that the City ended the year in an excellent financial position, as most revenues exceeded the budgeted revenues. Councilperson Bruning noted the strong revenues and Council’s previous discussions that the City might be trending toward a change in mill levy. He added further education and assessment would be required on that topic. Ms. Lee agreed and noted that staff will present a mill change, flat mill levy, and any other requested budget scenarios at the Financial and Strategic Planning meeting on May 1, 2024. Councilperson Nelson noted that the mill levy has remained constant for more than a decade. Ms. Lee noted that if the Council elects to lower the mill levy, the objective would be to lower it in a way that allows the City to sustain revenues without having to go back to the residents and ask for an increase. Mayor Dickey noted that an in-depth discussion of the budget and mill levy scenarios at the Financial and Strategic Planning meeting will further explore this topic. Ms. Lee agreed and noted that several cities in Johnson County have reduced their mill levy because they are also experiencing overperforming sale tax collections. She added other cities are experiencing appraisal increases that are greater than the City’s, which is resulting in increased property tax collections. She noted as the budget process continues the Council is encouraged to request staff to provide information that could help inform their decision. Councilperson Bruning noted a primer on the consequences of adjustments to the mill levy would be informative and he asked when the Council will have to decide on the budget. Ms. Lee replied that the City has to notify Johnson County if the proposed budget will exceed the revenue neutral rate by July 20th each year, so a decision by the July Council meeting would be ideal. Councilperson Weed noted the revenue neutral rate notice and asked the intention of its adoption. Ms. Lee noted that often cities do not increase the rate of taxation, but the increased appraised value of property results in an increase in revenues. She added that the State implemented the revenue neutral rate to shine a light on revenue increases that occur as property values increase. Councilperson Weed asked if the collection of sales tax on internet purchases has been significant to the City’s revenues. Ms. Lee replied yes and noted the main sources of sales tax for the City are the three clubs and home deliveries. She added for example that if a resident purchases an item from Nebraska Furniture Mart or has groceries delivered to their home the City receives sales tax on those items. Councilperson Nelson noted that the year-end construction value for 2023 appears to be the highest on record and asked for a projection on the maximum of homes that could be torn down and rebuilt. Ms. Lee noted the City continues to issue a similar number of permits each year and while the value of the construction continues to 3 increase this could be the result of cost inflation. She added that building permit revenues was closer to $384,000 than the estimated $400,000, but the other categories related to building permit revenues, such as extensions were greater than estimated, so in total the building permit revenues were was greater than estimated. OLD BUSINESS A. Repeat Nuisance Properties There was no additional report or discussion. B. 2024 City Council Meeting Dates Mayor Dickey noted the second Monday of November is Veteran’s Day, so the third Monday, November 18th has been proposed for the Council meeting. Councilperson Nelson noted that the general election will take place at City Hall, so the prior week would not be an option to host the meeting. The Council determined to hold the regular Council meeting on November 18, 2024. NEW BUSINESS A. 2023 List of City Accomplishments Mayor Dickey noted the list of accomplishments summarizes the work of the City boards, Council, and staff in 2023. He noted this process is a good reminder of all the year’s achievements. Councilperson Bruning noted the list denotes the last resident survey was fifteen years ago. Ms. Lee noted the last survey was conducted in 2008. REPORTS OF CITY STAFF A. City Clerk Ms. Woolbright noted the Joint Retreat will be held at the Carriage Club on January 12th and City Hall will be closed on January 15th for Martin Luther King, Jr. Day. B. City Administrator Ms. Lee noted additional details on the 2024 capital improvement projects were included in her report. She added the City Attorney is preparing a memo regarding the Right of Way use in parks and parklets for the Council’s review and if further discussion is needed this topic can become an agenda item. Councilperson Weed asked if any parklets were electrified during the Tomahawk Road project. Ms. Lee replied that the Park Board reviewed the infrastructure and found the parklets on Tomahawk Road already had electrical service. She added the Park Board was consulted about possible amendments or improvements along Tomahawk Road, but there were not any pressing projects at the time. Ms. Lee noted she has received positive feedback on the sidewalk connections on State Line Road and included an email from a resident on 70th Terrace who hopes the Council will consider additional sidewalk connections. Councilperson Bruning 4 noted the City has not received any complaints about the sidewalk connections on State Line Road. Mayor Dickey stated that he has only heard positive comments from residents. Councilperson Bruning noted this feedback bodes well for the Council to continue reviewing connecting sidewalks. Mayor Dickey agreed and noted he would thank the Tomahawk Road Homes Association at the Annual meeting for bringing this topic forward to the Council. He added there are a number of other segments of existing sidewalk in the City where logical, simple connections could make complete loops. Councilperson Weed agreed and supported looking for opportunities to make sidewalk connections during capital improvement projects. Ms. Lee noted that originally $150,000 was budgeted for five sidewalk connections on State Line Road, but two segments were not completed due to the location of large, mature trees, so there is a balance of $60,000 that could be programmed elsewhere in the City. C. Assistant City Administrator There was no additional report or discussion. D. City Planner There was no additional report or discussion. E. City Arborist Councilperson Bruning referred to the report and requested follow up on the attorney’s assessment of nuisance trees as this information could be useful for the City. Councilperson Nelson noted the credentials of the City Arborist and his desire for additional certifications and asked if the City underwrites the costs for these training. Ms. Lee replied yes and noted the City has been supportive of all staff pursuing and continuing their education. Councilperson Bruning opined that supporting the advancement of people’s careers creates a desirable workplace that attracts talented employees. MAYOR’S COMMENTS A. Liaison Reports Councilperson Weed reported that the Planning Commission met and discussed the topic of solar panels facing the street and the residents from 66th Terrace who previously presented the topic to the Council were in attendance. He noted the Commission asked for the City Council’s position on street facing solar panels and he reported that he did not speak for the Council and at this time no decisions have been made. He added this topic will most likely be returned to the Council in the next few months. Councilperson Weed noted that the Commission has requested City staff research how other cities are managing this topic, especially street facing solar panels. He noted many communities do not have a policy related to solar panels, so the City could be on the leading edge of setting regulations. He added the technology is evolving and opined the City ought to be thoughtful about considering advancing options while not compromising the aesthetics of the City’s neighborhoods. Councilperson Bruning agreed that this technology is 5 changing rapidly and noted concern about the limitation of the current technology, especially street facing and being a leader in solar policy. Councilperson Weed agreed that it might not be appropriate for the City to be a leader in the discussion. He noted a desire to support residents who are interested in engaging the City in current topics, such as solar panels and sidewalks. Mayor Dickey noted that the Council will continue to think thoughtfully about solar panels, because at some point the technology will change and there will be demand for them in the City. He added the City can be prepared to engage with the advances thoughtfully as opposed to being overly reactionary. He noted that changes in solar panel technology will lead to battery wall and generator changes. Councilperson Thorne noted solar panel technology could also lead to tree removals. Mr. T. McQuaid noted the resident survey results did not strongly support street facing solar panels. He opined that the City ought to listen to the survey results and not pursue a topic without support. Councilperson Nelson agreed and noted the survey results showed that residents are supportive of sidewalks, so the Council is pursuing that topic. Councilperson Thorne noted the Architectural Review Board will meet next week. Councilperson Nelson reported that the Board of Zoning Appeals (BZA) met and approved a variance request for a preexisting pool deck. Councilperson Bruning noted the Park Board is on winter hiatus and shared their 2024 calendar. Mayor Dickey noted that the Council will need to make a decision regarding the previously discussed topic of the Belinder low water crossing this year. He added he would meet with Councilperson Davidson on Council liaison roles and schedule individual meetings with the Council members to discuss 2024 goals. Mayor Dickey noted that the City’s 75th anniversary is this year, and the Community Engagement Committee will be planning ways to acknowledge this. He added Ms. Lee’s annual evaluation will take place in the next month. Mayor Dickey also asked the Council to continue sending candidates for board positions. 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 6:12 p.m.” Councilperson Thorne seconded. Approved 5-0. The Council reconvened in open session at 6:12 p.m. Councilperson Bruning stated that no binding action was taken during the executive session. ADJOURNMENT The meeting was adjourned at 6:12 p.m. /s/ Meghan Woolbright 6