City Council

MINUTES OF THE CITY COUNCIL MEETING CITY OF MISSION HILLS, KANSAS July 8, 2024 The City Council of the City of Mission Hills, Kansas held a meeting on July 8, 2024 at 5:30 p.m. PRESIDING: Mayor David W. Dickey PRESENT: Councilpersons Bill Bruning, Gregg Davidson, Barbara Nelson, Eden Thorne, and Andy Weed ABSENT: None ALSO PRESENT: Jennifer Lee, City Administrator; Jill Clifton, City Planner; Jason Nickles, City Clerk; Cole Carmack, City Arborist & Parks Coordinator; Anna Krstulic, City Attorney; Chief Byron Roberson, Prairie Village Police Department (PVPD) VISITORS: Gregg Welch, Mission Hills, KS CALL TO ORDER Mayor Dickey calls the meeting to order at 5:30 p.m. and the pledge of allegiance was recited. GREETINGS AND INTRODUCTIONS Mayor Dickey greets visitors and notes that the order of the agenda would be adjusted to accommodate the interests of the visitors. Mayor Dickey notes that the meeting would be recorded for the purpose of meeting minutes. APPROVAL OF MINUTES OF COUNCIL MEETING – June 10, 2024 Councilperson Nelson moves to approve the minutes of the June 10, 2024 meeting. Councilperson Weed seconds. Approved 5-0. PUBLIC SAFETY A. Police Report Chief Roberson greets the Council and begins his report discussing a dog bite incident in which an Uber driver was bitten by dogs that got out of a residence. He adds the victim received treatment and the dogs were evaluated during a 10-day quarantine with no further issues. Chief reports a theft of a vehicle in the 2100 block of Tomahawk Rd. He adds that it was a contractor’s van who was working at a residence, unlocked, and with the keys located inside the vehicle. Chief Roberson adds this took place at 9:00 am, noting it was early for this kind of activity. Chief Roberson states that the vehicle was recovered by Kansas City, Missouri police, and the department processed the van for evidence. Chief Roberson notes that processing 1 includes collecting DNA evidence that would be sent to the lab and adds that it could take months, or it could take years. Chief Roberson notes in the report an aggravated burglary and theft of a vehicle in the 6500 block of Overhill Rd. He added that the garage was open and the vehicle in the garage had the keys inside the vehicle. He notes that the vehicle was stolen but the residence was not entered. The department was able to track the vehicle using the Mission Hills LPR and traffic cameras. The vehicle was seen at 4:48 am leaving Mission Hills via Mission Drive. He adds the vehicle was used in some crimes in Kansas City, Missouri. Chief Roberson encouraged everyone to do their part to reduce crime by locking your vehicle. He adds that the vehicle was recovered and processed by the department and is waiting DNA results. Chief Roberson notes in the report thefts from two vehicles in the Carriage Club parking lot. He adds that items were stolen from the vehicles but notes that one of the vehicles had a malfunction in their locking system allowing access. Chief Roberson reminded the Council that passports or any kind of identification should be removed from the vehicles and noted that a computer and passport were taken from one of those vehicles. Chief Roberson notes a theft from a landscaper’s truck at 7030 Belinder Ave and adds that the department used LPRs and traffic cameras to track the suspect. He adds the department was able to arrest the suspect. Councilperson Bruning asks Chief Roberson if this is the first LPR arrest to which Chief Roberson answers no, the department has had other arrests and obtained a lot of leads but notes that a lot of time, stolen cars, stolen tags, or vehicles with no tags at all do not show anything. Chief Roberson notes the year-to-date activity report and adds that it is static or going down in most areas and for those activities that have changed, the numbers are only going one or two each way. He states that DUIs and drug arrest are up in year-to-date reports but notes that there is nothing significant to point to the causes of this. He adds that sometimes it is the weather or sometimes it is the officer that is better at detecting or finding drugs in the vehicles. He adds that we have good aggressive officers that can detect these things. Chief Roberson refers to the topic of scooters that was discussed at the previous Council meeting and provides Council with an informational handout for parents. He notes that last month the department had an accident at 63rd Street & Roe Avenue where a scooter entered the intersection and hit the back of a turning vehicle. He adds that the scooter rider was at fault, and they did not obey the traffic signal. Chief Roberson notes they continue to educate the public and warn of the dangers of these fast scooters and recommends protective equipment and supervision. Councilperson Nelson adds that she passed two scooters at the corner of 63rd Street & Indian Lane, where it turns into Wenonga Road, a girl turned in front of a car trying to turn onto Wenonga Road and the driver got out of the car and screamed at the scooter driver. Councilperson Nelson asks Chief Roberson if there are any State laws requiring a motorized vehicle operator to be 16 years old with a driver’s license and adds she has heard conflicting 2 information about this. Chief Roberson replies stating that scooters with a certain horsepower and certain motor type require a license, but electric scooters do not meet that criteria and states that they are treated like bicycles. Chief Roberson notes that most of the operators are not old enough to have a driver’s license but they still need to know traffic laws. Mayor Dickey decides to move onto agenda item 5C and notes that he received comments from five or six residents asking if the City is doing anything about this issue. He adds that he brought this issue up at the Northeast Johnson County Mayors’ group to which most agreed that it is a problem. Councilperson Bruning asks Chief Roberson if the City can peel away the police for enforcement as there is no sense in the City creating an ordinance unless the City is prepared for the police enforcement. He asks if the police can effectively manage an ordinance to clamp down on this issue and notes the chaotic use of scooters on Belinder Avenue. Chief Roberson responds noting the difficulty of the situation and the department cannot manage parenting and notes that the department does what they can to allow parents to make the right decision. Chief Roberson adds that kids 8-9 years old are not able to navigate traffic. Mayor Dickey notes that drivers of motorized scooters are far more likely to disregard road signs and traffic than regular bicycle riders who generally slow down and even sometimes stop. Councilperson Bruning adds kids do not know the rules of the road and predicts that the City is going to have problems. Mayor Dickey responds that the approach needs to be multipronged with education as the first component. He notes the newsletter, and adds that other mayors were supportive of Prairie, Belinder, and Indian Hills schools helping the PVPD with education. Mayor Dickey adds he is unsure if the police should patrol Belinder Avenue to try and stop people on scooters but notes that if the City can provide the department with tools, the department can educate or even cite. Mayor Dickey notes that he is not interested in citations but does believe that it would not take many citations for word to get around among parents and kids that the City is serious about safety. Mayor Dickey references the earlier mentioned scooter incident and adds that the neighboring communities may adopt enforcement strategies if Mission Hills adopts it first. Mayor Dickey states that the City should take all motorized vehicles, with the exception of electrified wheelchairs, off the sidewalk. Councilperson Bruning asks Mayor Dickey if he envisions the police department would enforce an ordinance as this is his concern about an ordinance. Mayor Dickey responds stating that he would phrase it differently, he does not want the department to actively enforce but observe and educate. Councilperson Thorne asks if the child or parent would be cited to which Chief Roberson responds that would depend on the age of the child and in some cases the parent could be responsible. Mayor Dickey asks City Attorney Anna Krstulic if at age 15 someone can get a ticket but at age 14 they cannot. Ms. Krstulic replies stating that she believes so as they are supposed to comply with the traffic laws but does not know how often police are citing. Chief Roberson adds that citations of people under age 14 or 15 are handled at district court and notes that in the next school year a DARE officer will incorporate scooter safety as part of their education for 6th grade and under. Mayor Dickey reads a message from his phone from a resident proclaiming, “Electric scooters are huge problem everywhere, including Mission Hills. My kids are guilty and so are we as parents. They are super dangerous. I am worried that kids are going to 3 be seriously injured on one of these things because in my experience kids driving these scooters show poor driving skills and lack of awareness, is there anything the City can do here?” Councilperson Bruning adds that he believes we will have a definition problem, and the City needs to try and define the infraction. Mayor Dickey explains that a motorized scooter, gas or electrified, on the street needs to follow the rules of the road. He reiterates all motorized vehicles, except motorized wheelchairs, need to be removed from sidewalks which can be part of the educational materials in the newsletter and schools. Councilperson Thorne recommends single rider be added as a requirement. Councilperson Brunning notes that he saw two people on an electrified skateboard. Councilperson Nelson adds that the people she has seen are not children, they are 15-16 years old, and are traveling at high speeds. Councilperson Bruning states that Chief Roberson has given his input and Mayor Dickey has explained how enforcement could be handled. Mayor Dickey asks Ms. Krstulic to draft language to define what is motorized, reinforce rules of the road by reference, and to take them off the sidewalks. Councilperson Bruning notes that taking them off the sidewalks makes them easy to enforce. Mayor Dickey asks Ms. Krstulic about laws requiring helmets to which Kansas does not require helmets for adults but does require helmets for under 18-year-olds. Mayor Dickey asks the Council if there is general support on this to strategy to which the Council agrees. Mayor Dickey states to Chief Roberson that the City will get with the department, administration at the three schools, as well as Prairie Village’s Mayor Mikkelson. Mayor Dickey asks Chief Roberson to stay for the budget discussion. Ms. Lee notes the PVPD requested salary adjustments were included with the full budget proposal for next year and has been incorporated into the draft budget provided to Council. Ms. Lee asks the Council if Chief Roberson should walk through the full proposal or if there are specific questions. Councilperson Bruning asks Chief Roberson if the department loses officers once they reach the top out range to which he states no. Chief Roberson adds that they looked at other cities in the county to mirror their salary ranges. He adds that their department’s timeline to top of the range was long and their previous philosophy was that an officer would never reach it, but they would receive a percentage increase within the range. He adds that today, officers want to know when they will top out so that is why the department went to the 10-year framework where officers top out after 10 years of service. After 10 years and a top out, they will still be eligible for a 4% raise, but it will be in the form of a check at the beginning of the year in a one-time lump sum. Councilperson Nelson asks Chief Roberson how many officers will top out in any given year and if the department is trying to get every officer to top out. Chief Roberson replies that is the goal, but the entire force will never top out and they all have different tenures. He adds that they only have three or four officers topped out and this indicates that officers are not staying in this career long term and the department wants to keep officers that reach their top out. He adds that five officers in the department have been there 20 years and adds that he is at 29 years and other sergeants are at 24-25 years, captains at 23-24 years, but most of the officer ranks are around 10 or less years. Councilperson Nelson asks if someone never moves out of the officer rank, can they still reach top out to which Chief Roberson replies yes and the officer pay range tops out at $90,000 after 10 years of service. He adds that next year the top out moves to $92,000 and it will stay there until the next adjustments. Mayor Dickey adds this is how most companies operate, 4 and ranges can move a lot during inflation periods and notes support for the department’s proposal. Councilperson Nelson asks Chief Roberson if there is an agency that attracts our officers to move. Chief Roberson replies that he is happy to report that for the past 10 years they have not lost officers to another job in the county, but they lost officers to Kansas City, MO several years ago. He adds that this is typical, and officers sometimes want to work for a big city but notes they have not had this happen in more than six years. He notes that the department loses most officers to private sector security, like Garmin or Honeywell, as they hire a lot of police officers because they are a government contractor looking for people that can pass backgrounds and police are proven good employees in the government sector. He notes that Honeywell has taken several officers and dispatchers to their facility that continues to grow, and they are actively recruiting police officers. He adds that the department is competing with other agencies in the county, and they try to keep pay competitive within Johnson County. Councilperson Bruning asks if this discussion is academic as Prairie Village sets this limit to which Mayor Dickey replies yes. Councilperson Bruning clarifies that he does not object to the department’s request. Mayor Dickey adds that there is a very clear formula that allocates cost, and our percentage of the cost is within a couple base points for 20 years. He adds that Prairie Village Council, Mayor, and Chief decided that this is the right thing to do to have the right people in place for public safety. He adds that it will cost the City more money, but the department is absolutely doing a good job and thanks Chief Roberson and the department’s good officers. Councilperson Weed asks if the City is doing everything, even as Prairie Village is driving the conversation, to provide the department quality equipment, automobiles, light weight vests, and things like that, to make their life more comfortable and less burdensome without compromising safety. Chief Roberson replies that this is a good question and gives him the opportunity to highlight that their department has the best equipment. He adds that most police agencies envy their vehicles and all the technology that the cities of Prairie Village and Mission Hills have invested in. He adds that Prairie Village has all the tools they want at their disposal and adds that the department is equipped as well as Lenexa, which is five times the size. Chief Roberson notes that he wants the officers to look professional. He adds that there are many retention incentives. He notes in the past the focus was primarily on attracting new officers but a lot of the time those officers are new and right out of college and unproven. Chief Roberson notes that this has been a several year process and now it is about taking care of the officers who are here, and he believes his officers are happy. Chief Roberson adds before they were not able to pay officers what they were making in other places but now it is a 1-for-1. Once this new pay structure went live, the department received several inquiries, but the department is figuring out the pieces for bringing them into the Prairie Village pension program for officers. An actuary is being used to calculate the logistics of this. Councilperson Nelson asks, specific to the report, what Prairie Village MPO means to which Chief Roberson notes that it stands for Master Police Officer which is a position that requires 8-years tenure. Chief Robers notes that the department has gone away from the MPO and he adds they still have MPO, but it is not a paid designation. He adds all officers are on track to make them competitive, so the adjustment is no longer 5 needed. Mayor Dickey asks the Council for any additional questions, to which there are none, and thanks Chief Roberson for everything he does. CONSENT AGENDA A. Claims Ordinance No. 1658 Councilperson Bruning moved to approve Claims Ordinance No. 1658. Councilperson Weed seconded. Approved 5-0. PUBLIC COMMENT Mr. Welch of 68th Street was given the opportunity for public comment. He expressed his long- standing frustration with an internet utility provider. Councilperson Bruning asked if the contractor is the same one that the City was dealing with five years ago to which Mayor Dickey confirms. Mayor Dickey apologizes on behalf of the utility that they must deal with this issue. Ms. Lee adds that the City requires a $50,000 performance bond from the right of way permittee which could be used to cover the restoration costs and offered this solution to Mr. Welch, which he graciously declined. Councilperson Bruning asks Ms. Lee if this has been done before to which she replies that the City has threatened to use the bond before, and the issue typically is addressed. FINANCIAL REPORT A. June Financial Report Ms. Lee notes the large disbursement for property taxes and highlights the consumer use and sales tax receipts, adding she was worried about them floundering a bit, but they seem to be doing well, although not quite as well as in years past. Ms. Lee continues her report stating liquor tax rebounded and building permit fees are strong. She adds the City does not have all the storm damage expenses yet, and when we get those invoices, in around 30 days, she will have a better report at the August meeting. Councilperson Bruning asks Ms. Lee how the City handled the back-to-back storms. Ms. Lee notes that the majority of damage was debris clean up, but approximately 100 ft of stone and mortar creek wall between 64th Street and 65th Street along Indian Lane failed. She explains that the stone and mortar wall footings failed, and the wall slid down into the creek. She will work with an engineer to review the best solution, but it will likely be a stacked stone wall that replaces the stone and mortar wall. Ms. Lee adds that hydrology studies are ongoing at the low water crossing as well as the wooden bridge at Indian Lane and notes of the large amount of sediment dropped there since its installation. She notes that Water Resources Solutions (WRS) is completing hydrology studies of this area. Councilperson Bruning asks Ms. Lee if the City has a conflict of interest with WRS because of their involvement with Prairie Village’s Mission Road project. Ms. Lee replies that Burns and McDonnell did an independent review of the Prairie Village Mission Road project which showed no impact to the City of Mission Hills. She has reached out to Burns and McDonnell about the wall failure, and will follow up with the Council after that conversation but notes that wall has been showing signs of failure for several years and the wall north of it failed and was replaced in the last 10 years. Mayor Dickey adds a path has been discussed between the Indian Lane roadway and this wall and the earth has been visibly sinking from the wall for at least a few years. Ms. Lee adds 6 the reason WRS looked at the wall is because they designed this trail and prepared renderings to show the trail along the creek with protective fencing. Councilperson Nelson asks Ms. Lee how much water in the last two storms over topped 65th Street to which Ms. Lee states water reached the top of the urns on the Indian Lane bridge and the last storm washed the urn out on the southeast corner. Councilperson Weed adds that he saw the water in the driveway of an adjacent house. Councilperson Bruning suggests that this project may involve putting people in the floodplain. Mayor Dickey notes that the City should be careful and wait for Burns and McDonnell analysis, and adds he thinks their initial assessment of the total volume of water will not change. He adds that he does not want to draw conclusions to which Councilperson Bruning agrees. Ms. Lee adds, for comparisons purposes, that in July and August 2017, the City had significant flooding and damage, and these same urns were washed out. Councilperson Thorne asks for clarification for what washed out means, whether it washed the plants out or knocked the urns off, to which Ms. Lee states that the contents of the urns are washed out. Councilperson Bruning notes that his interest is the engineers stamp review and adds the City needs to know the causal relationship. Ms. Lee agrees. Councilperson Nelson adds that in her meeting with Prairie Village’s Mayor he was astounded at the amount of trash asked him to help share the responsibility to pick up trash to which he did not say no. She adds that a screen could be put there to catch the stuff before it comes into Mission Hills to allow Prairie Village to pick it up. Councilperson Burning adds that the new parkway trees handled the storms well. Mayor Dickey asks for any other questions on the financial report to which no one replies. B. 2nd Quarter Analysis Ms. Lee reports the 2nd quarter analysis looks good, and sales tax is greater than budgeted and expenses within budget for the year. She adds they will need to determine the funding for the wall replacement along Ensley Lane, adding that bids went out today and will be shared at the August Council meeting. She adds this process was extended due to a permit being required for work in the creek, which will also be required for Indian Lane wall project. Councilperson Nelson adds that it would be a good idea down the road, for residents with walls, to educate them that they own the walls with a meeting. Ms. Lee notes that this was done in 2016 with the Open Channel Master Plan and homeowners along each reach were contacted to set up a meeting to evaluate their section of wall and talk though options. She adds that the Master Plan should be updated to show current condition as it has been eight years since that work has been done and homeowners could be reengaged. Ms. Lee referred to the 2nd quarter analysis and asks the Council for any questions. Ms. Lee adds that she added notes about the 2025 budget to identify things that were discussed at the retreat. She adds funds were added for the Parks Department to address pedestrian enhancements, whether a sidewalk or trail, and connections that the Council prioritizes. She adds Kimley Horn, who prepared the traffic study for the Belinder low water crossing, is reviewing opportunities for pedestrian connections. She notes crosswalk improvements on State Line Road, enhancing the crosswalk at 63rd Street & Belinder Avenue, as well as other little connecting pieces of sidewalk along 63rd Street and State Line Road. She adds the City is looking at one possible connection 7 along 69th Street from Belinder to Tomahawk. She adds the Council prioritized and evaluation of the Verona Columns and their stability, so the City engaged conservator Paul Benson and funds were included for a study or consultant. Councilperson Thorne asks Ms. Lee about the Verona Columns fountain staining orange and if that was able to be cleaned to which Ms. Lee states, she had not talked to him directly, but Mr. Beson has been able to remove the staining in the past and is working with City staff identify the staining source. She adds when the Verona Columns fountains were redone in 2021, the iron pipe was replaced so they do not know where the orange coloring is coming from. Councilperson Bruning asks Ms. Lee how much flexibility the City is given to build up anticipatory funds, noting the Belinder Low water crossing, general water issues, and Eisenhower Lake projects. Ms. Lee answers that funds can be budgeted in the capital improvement reserve, which is over one million dollars, and it is not earmarked for anything. Councilperson Weed asks if this account is growing, to which Ms. Lee answers yes, by $100,000 annually due to the annual contribution budgeted from the general fund. Mayor Dickey notes that the City knows the repairs on Indian Lane will be at least $150,000-$200,000. Ms. Lee confirms and adds that next year’s capital improvement plan is fully funded, including Belinder from 70th Terrace to Tomahawk Road. Councilperson Bruning asks what is left in terms of generally usable money to which Mrs. Lee states that at the end of last year, the City set aside $300,000 to address Eisenhower Pond and associated watershed issues. She adds further work could be incorporated into a future year of the capital improvement plan, adding that the engineering pieces at this point are fully funded. Councilperson Bruning states that Belinder low water crossing, Eisenhower Lake, and Indian Lane are making him nervous with huge potential sums of money and all the water related issues. Ms. Lee states that the City will be able to plan and budget for the Belinder low water crossing and in 2025 it will be reinspected along with all the other bridges, and any concerns would be identified by an engineer. Councilperson Nelson states the City has been so fiscally conservative, and that is what our residents want to see, but notes they also want to see quality. Ms. Lee ends her report stating the budget incorporates the police contract increase of 6.82% for 2025 that Chief Roberson addressed. Councilperson Bruning again addresses his budgetary concerns to which Ms. Lee states she has similar concerns and was disappointed by the wall failure along Ensley and Indian Lane. She adds a tiny piece of street was damaged where the channel goes under 66th Terrace and under Tomahawk Road. She adds, the channel is very narrow, and the road was impacted, noting that it is not expensive but was not predicted. She adds that storm damage is budgeted and if expenses go over that then other areas expense will be held back. Ms. Lee next discusses the recommendations incorporated from the compensation study that was completed a year ago, including the COLA adjustment. She adds the City is considering offering a KPERs 401(a) plan to which the City would make employer contributions. She notes most cities in the County are automatically contributing 2% to 5% of employees’ salary into a retirement savings vehicle. Ms. Lee notes the City could contribute 2% or 3% automatically with an option for employees to contribute for City matched contributions. She notes that assuming all employees matched the full 4% or 5% this would cost the City $30,000 to $37,000 annually. She 8 informs the Council that they would have to adopt an agreement with the State of Kansas outlining the contribution structure. C. 2nd Quarter Reserve Fund Analysis Ms. Lee notes that the reserve funds continue to be at healthy levels. She notes that a Councilperson asked if our ranges are appropriate, and she asked our auditing firm for their thoughts. The auditor recommended increasing the General Fund adopted range to at least a minimum of 30%. Ms. Lee reads from the reserve fund analysis stating the adopted range for the General Fund is 17%-50%, the Capital Improvements Reserve fund is between 30%-50% and the Stormwater Reserve fund is between 30%-50%. She notes the auditor encourages moving the 17% up to 30%. Ms. Lee states the Council adopted the target ranges, and a decision does not need to be made right now. She adds that the actuals clearly show the City is fiscally conservative. Ms. Lee adds, the budget will be presented and the formal hearing and adoption process will take place at the September meeting. She notes the County must receive notice about whether or not the City will exceed the revenue neutral rate by July 21. She notes that it was decided at the retreat that the mill levy will remain flat and the revenue neutral rate will be exceeded. OLD BUSINESS A. Repeat Nuisance Properties Ms. Lee offers to answer questions and notes of the mowing of 6510 Indian Lane continues and in addition to weekly checks for other issues. Ms. Lee notes the status of 2517 W. 68th Street is included as well. Councilperson Bruning asks how burdensome it is for staff to continue and maintain these two properties. Ms. Lee states that contractors are used for the maintenance and staff review these properties weekly and notes this is a commitment that staff made since the Council identified it as a priority issue. Councilperson Bruning asks if there needs to be a change to the ordinance to which Ms. Lee states she does not know of a change that is necessary at this point. Mayor Dickey adds that there is a lien against the nuisance properties if they charges remain unpaid which makes their real estate contract more complicated. Ms. Lee states they will continue to monitor and let the Council know of any changes. Councilperson Thorne asks Ms. Lee if the charge is a certain amount or based on size to which Ms. Lee states, the City charges the property the expense the contractor charges the City. Councilperson Thorne asks if it should be more. Ms. Lee explains that they are also issued a citation to Municipal Court and the Judge uses our escalating fine schedule, adopted by ordinance, as guidance. Councilperson Bruning asks if the City is fully loading the cost of all the charges to which Ms. Lee states, they are not collecting compensation for staff time, and they will review if that should be added. She reminds the Council that an escalating fine structure for repeat offenders was created. Councilperson Bruning notes that the City is not getting the nuisance property’s attention. Ms. Lee notes that 6510 Indian Lane is unique as the owner is deceased and the husband’s name was not on the deed and the property is languishing. Councilperson Nelson asks if both properties are vacant to which Ms. Lee states yes. 9  B. Belinder Low Water Crossing Ms. Lee begins the discussion on the Belinder Low Water Crossing noting that the packet includes all the pieces of information discussed over the past few years. Mayor Dickey summarizes that in the past several years the Council has discussed three choices for the crossing. The first option is maintaining the status quo, some type of low water crossing whether it is the one we have or a replacement. The second option is to build a bridge, while impractical as it would be like the low water crossing at 63rd Street and Wenonga Road, this bridge would be worse. The third option is removal of the crossing. He adds that these were looked at through modeling and notes that he does not want to drive the conversation but along the way, he was leaning toward the removal option but was surprised by the traffic study data which showed that the vast majority of traffic was Mission Hills residents. He adds that after hearing from passionate residents about not removing it, he recommends maintaining the status quo. Mayor Dickey notes the time and effort the City takes to make things fit with the charm and standards of the community. He says at the point at which the low water bridge needs to be replaced, perhaps it could be aesthetically improved and still allow more water underneath, like the wooden bridge by the Village Church. Mayor Dickey adds that this bridge was designed to be overtopped and replaced an old low water crossing. Councilperson Nelson notes that she has heard from many residents interested in the bridge and adds that not one resident wants the crossing to be closed. She states they believe that the crossing is key to their safety and safety of their family. She clarifies that it is not a water safety concern but a safety concern for being able to leave where they live, like Brookbank Lane. She adds that it is a straight shot from there to the nearest medical facility, and if it is closed the residents could have a problem. Councilperson Thorne asks if they feel unsafe turning onto State Line to which Councilperson Nelson notes the two- minute trip over the crossing compared to the alternative. Councilperson Nelson states she does not want to be responsible for closing the crossing and delaying someone’s access to medical attention. Councilperson Thorne adds that there are two sides to the safety issue, the issue of getting to the doctors but there is also the water risk and the possibility of driving through before the gate is shut. Councilperson Nelson suggests the idea of an electronic closing gate. Councilperson Thorne adds that the bridge allows 200 other non-resident cut-through drivers, adding to the danger for walkers. Councilperson Nelson asks how they can track non-resident cut-through drivers. Mayor Dickey answers by tracking cell phone data and the start and end location data is sold and used by companies. Councilperson Nelson notes that she does not always have her cell phone with her and adds that with the amount of water the City gets from Mission Road, Wenonga Road, and 63rd Street, one must exit Mission Hills via Mission Road through Prairie Village to get to Fairway during flooding. Councilperson Weed adds that the easiest thing for the City is to not close it and ask how much it costs to operate annually, to which Councilperson Bruning states it is in the report and is $61,000. Councilperson Weed asks if there is way we can get help from the County, Highway Fund, or partner with Fairway because it is a burden that is going to get more expensive and if we receive the mother of all storms it could be devasting. He adds that he would like to find a way to support this beyond what is in the budget. Councilperson Weed adds that he asked Ms. Lee if every so often a sum of funds could cover periodic maintenance and notes that it is strategically important for our neighbors and all the safety reasons mentioned. Mayor Dickey states that exploring additional funding sources is a good idea and adds there could be grants available. Ms. Lee states she does not know of specific grant opportunities but that could be explored. She adds that Prairie Village has low water areas, and she could consult with them as well. Mayor Dickey asks Ms. Lee, barring a catastrophic event, when will the low water crossing need to be replaced to which she states in the next few 10 years and adds that it was last done in 2004. Councilperson Nelson opines people in Fairway and Prairie Village are constantly sending the City more water, and the City prefers the aesthetics of nice bucolic stream beds compared to the giant concrete structures at Mission Road. Councilperson Bruning adds that he agrees and states the issue starts with Mission Road and asks Councilperson Weed what he would do differently. Councilperson Weed answers that he would create a funding source for this issue. Councilperson Bruning asks what we would do with the money to which Councilperson Weed states maintenance but not total replacement. Mayor Dickey notes that this decision will pass his tenure but adds that the wooden bridge referenced near the church is a much better bridge than the previous one and it was designed specifically to allow more water to pass under and over the top. Mayor Dickey adds that a new low water bridge could prevent two-thirds to one-half of the over topping events and notes a shocking amount of debris damages the existing crossing. Councilperson Nelson states this is something that they have not seen before. Mayor Dickey adds that there were several wall failures including a new one at Mission Hills Country Club. Mayor Dickey adds when the City anticipates a significant project funds are set aside to give more flexibility for projects like a low water bridge crossing and if necessary, the City can seek bonds. Councilperson Nelson states, previously there was not a need for big structures as they did not have as much water coming but now as there is so much water coming, the City needs improved construction. Councilperson Weed notes a firm, possibly at the national level to create a vision for a bridge or low water crossing, to change the flow of the channels without affecting neighbors and their properties. Councilperson Bruning notes of the original dream, that he learned from the previous City Administrator, of naturalizing our streams but states his fears that the federal government will not allow low water crossings for flood control reasons. Councilperson Thorne notes the third option to remove the crossing was recommended to which Councilperson Bruning replies that it was not a surprising stance for water engineers. Mr. Jones states the consultants are not spending their own money and adds a new bridge is considerabe expense and the City could need funding assistance through a bond. He adds removing the crossing, while probably the right thing to do, would be politically unfeasible with residents inside and outside the City even though it would be the best economic option. Mayor Dickey adds that in the next 60 months, in his opinion, the City needs to look for grants and firms that do this type of work. Councilperson Bruning asks if there is any new technology that would allow for barricades to be put up during an event. He notes that police must be pulled off other duties to close and open the gates. Councilperson Thorne states that the additional travel time a closure would cause is one or three minutes. Ms. Lee adds that an engineer inspects this and all the other bridges every two years. She adds that the debris damage to the low water crossing for the most part is just aesthetic, and the concrete is delaminating on the top of the crossing which is why there are potholes. She adds that these are all fixable things. Councilperson Weed asks if this question was asked in the City- wide survey to which Ms. Lee states no. Councilperson Bruning notes that he wants the same wooden bridge at Indian Lane to replace the Belinder crossing. Mayor Dickey states that a new bridge would be a longer span, today there are three boxes, and he prefers more water going under instead of over top. Councilperson Bruning adds that there are houses in the floodplain in Fairway and in Mission Hills. Mayor Dickey states that the City of Fairway wants the crossing to be taken out and they added speed bumps and made other design adjustments to make Belinder unappealing for cut through traffic. Councilperson Nelson notes that the crossing is not as important for Fairway as Mission Hills, and she has had residents from Fairway contact her stating how important the crossing is. Councilperson Davidson adds that he is listening to good 11 questions including a worse case of death or injury as well as comments to wait to decide. Councilperson Davidson adds that this is not something to wait on and notes of all the good options and the high expense, but the crossing needs to be addressed. Mayor Dickey notes that 60 months may feel like a long time, but engineering will start in two years. Councilperson Bruning adds that his fear of a fundamental change in weather patterns will get in front of all the work. Mayor Dickey adds that technology and ways of thinking about this issue may change in four years. Councilperson Nelson adds that water is a huge issue for the City. Councilperson Weed notes of two issues, changes in weather and increases in impervious surface with channelization and acceleration of water from upstream cities and notes of this complex problem. Councilperson Nelson adds that the bucolic look the City wants to keep will be expensive moving forward. Mayor Dickey notes that as of now the City is not taking action and will start looking into funding opportunities. Councilperson Weed asks Ms. Lee for a predicted life for this bridge to which Ms. Lee states a few more years and City has held off on major fixes as the City works through this issue. She states staff will re-evaluate but does not expect major changes. Councilperson Bruning asks Ms. Lee if she is content with the council conversation to which she states yes. NEW BUSINESS A. Review the Request for Proposals (RFP) for the Comprehensive Plan Update Ms. Clifton begins her report sharing with the Council the RFP for the Comprehensive Plan update. She notes Councilperson Bruning’s comments were incorporated. Ms. Clifton notes the RFP from the 2015 Comprehensive Plan was updated with recommendations from the American Planning Association and discussions with the Johnson County city planner’s group. Councilperson Bruning asks Ms. Clifton if the process is purely perfunctory or if the City will learn new things from the process to which Ms. Clifton states that historically, every 10 years, the City hires a consultant for a complex analysis of the Comprehensive Plan. Councilperson Bruning asks if this update is mandated by the State to which Ms. Clifton states that every year the Commission if required to review the Plan and the City has selected to engage a consultant to help get more residents involved with public meetings. Councilperson Bruning asks if the City should emphasize open channel stormwater to which Ms. Clifton refers to supporting documents and notes the Comprehensive Plan adopts the Open Channel Master Plan. Councilperson Bruning asks since the City is engaging a consultant if there are any of the issues, especially surface water, that the City wants to learn more about. Ms. Lee states she believes the Comprehensive Water Policy that the Planning Commission adopted in 2021, and the accompanying ordinance changes have addressed how the City handles waters issues at this time. She adds this policy did not necessarily change the process but created more awareness in the community. She adds that she knows water issues appeared on the resident survey as something that residents experience but the City did not qualify that in anyway. She adds, in hindsight, it would have been nice to have more qualitative information about this topic. Councilperson Nelson asks if other communities do this type of comprehensive plan update in house. Ms. Clifton states there are three or four cities in the Metro area that recently hired consultants to do comprehensive plan revisions. Councilperson Thorne asks Ms. Clifton if the estimated budget of $100,000 would be the cost to the consultant to which Ms. Clifton states yes 12 and several cities recommended including a budget in the proposal. Councilperson Thorne asks about the consultant selection process. Ms. Clifton replies in the past the top three or four candidates were brought in for an interview, which could be an open meeting with the Council where each firm presents their proposal and there is an opportunity for questions. She adds the consultant would work directly with City staff and the Planning Commission. She notes that last time a committee from the Planning Commission was formed and the staff did a lot of behind- the-scenes work. She adds that one public meeting was at the Carriage Club and the public was asked to provide input and the committee worked through these recommendations and at the end there would be a public hearing to review the proposed revisions. Councilperson Nelson adds that she believes it is particularly important that Council and Commission are on the same wavelength, and they do not want to be misunderstood. She emphasizes the importance of water issues. Councilperson Davidson, liaison to the Planning Commission, states that the Commission and Council are closer than they think. Ms. Clifton recommends the Council review the existing Comprehensive Plan. She adds in the past a few Councilmembers attended the interviews and after the consultants left, discussed the proposals with the steering committee to determine which consultant was selected. Ms. Lee states that a similar process would occur this time. Councilperson Nelson asks what the timeframe is to which Ms. Clifton states the deadline for submittal is in September, the first interview is scheduled for October 15 and an additional interview is scheduled for November 7, with a consultant selected and notified by November 27. She adds these dates could be adjusted. Ms. Lee adds selecting a consultant before Thanksgiving allows for the project to kick off in January. Ms. Clifton clarifies that all next year the Commission will be working on this project with public hearings and presentations to the Council in fall 2025. Mayor Dickey asks the Council if there are any additional questions to which there are none. B. 2025 Budget Councilperson Nelson moved to approve the revenue neutral rate hearing and 2025 budget hearing at the regular Council meeting on September 9, 2024. Councilperson Bruning seconded. Approved 5-0. C. Consider Publication of Official Notice for Updating the FEMA Floodplain Model to the Current Conditions Ms. Lee states that the Kansas City Country Club (KCCC) plans to complete a project that includes work in the floodplain, so they have a filed a permit application with FEMA, the Army Corp of Engineers and Kansas Department of Water Resources. She adds since the floodplain model of this area was adopted in 2000 there have been multiple changes, and the model does not reflect the current conditions. Ms. Lee notes for KCCC to secure the necessary permits, their engineer had to update the FEMA floodplain model. She adds this new model found there is more flooding than is currently shown in the outdated model. Ms. Lee adds that if the City were doing a project in the floodplain, it would be required to do the same type of modeling. Mayor Dickey states that KCCC project is not causing the increased flooding but over the course of more than twenty years the flood levels in this area have changed. Ms. Lee notes that the new 13 model shows the floodplain increased by inches and in a few places the model shows there are improved flooding conditions compared to the current model. She notes that the KCCC does not have standing to make the official public notice and FEMA requires notice be submitted by the cities whose properties are being updated. She adds Fairway and Mission Hills were approached by the KCCC’s engineers to make the official notice. She notes this same type of publication was required when Prairie Village did their Mission Road project. The KCCC’s engineers will provide the City elevation documents for anyone who lives in the area of this project or is concerned about the project. She adds that when the notice language is approved by FEMA, the City would publish it in The Legal Record. Mayor Dickey reiterates that if the KCCC decided tomorrow to not proceed with their project, the map will still get updated to current conditions. Councilperson Thorne asks if any homes have been devalued because they would now be in the floodplain, to which Ms. Lee replies that there is one house that is not in Mission Hills where a corner of the structure would be added to the floodplain. She adds the model considers rainfall, grading, erosion and topography. Councilperson Thorne asks if this house is one of the properties brought up earlier during the water crossing discussion to which Ms. Lee replies no, these properties are near the church on State Park Road. Mayor Dickey adds that it is where Rock Creek flows past the church. Councilperson Bruning attests being added into the floodplain is a baleful result considering insurance and re-sales issues. Mayor Dickey adds that the project did not cause the change. Councilperson Thorne asks how often this change happens and adds that if the City were to do anything with the crossing would they have to remap it to which Ms. Lee replies she believes FEMA prefers a 10-year update which is coordinated by the County. She adds that when they discussed the Mission Road project, the 2D and 3D modeling was being completed for the different reaches and ultimately the County wanted to use the updated model results to update the floodplain model for Johnson County. Ms. Lee adds that the Fairway City Council is discussing this same issue tonight. Mayor Dickey notes that no homes in Mission Hills are affected by the revision to which Ms. Lee confirmed. Mayor Dickey again notes that the model update is not a result of the KCCC project, but the model must be updated regardless. MAYOR’S COMMENTS Mayor Dickey notes an ad hoc committee for the Eisenhower Pond project is being developed and the composition could include a Councilmember, members of the Park Board, a representative from both the Tomahawk Road and Mission Hills Homes Company homes associations as well as City staff. Councilperson Bruning states his interest. Mayor Dickey asks councilmembers to email him any newsletter topics and noted scooters is on the top of his list. He will also include reserve funding, wall ownership, and utility work in the City. REPORTS OF CITY STAFF A. City Clerk Mr. Nickles refers to the City calendar and upcoming events. 14  B. City Administrator Ms. Lee notes of the funding request from the County for a homeless services center. She asks the Council for questions related to the homeless service center. Mayor Dickey states that there needs to be a conversation about it next month. He adds that Chairman Kelly brought the issue up at the Council of Mayors meeting and states that it needs a better introduction and explanation. He adds, there have been a lot of questions raised by our larger peer cities who will need to work through issues. Ms. Lee notes the part-time intern started today. Ms. Lee notes there is new legislation that became effective July 1 and addresses unwanted deed restrictions. She adds the legislation is aimed at communities with inactive home associations, but the City could suggest to our active homes associations to take the appropriate action, if needed. Ms. Krstulic adds that the issue of deed restrictions with racial components is not the City’s responsibility but the home associations. She notes that this law has been on the books already and the changes that were made authorize the City to act when home associations are not active. Ms. Clifton notes there is a resolution that supposedly covers all the properties in the Mission Hills Homes Company which is on record and searchable. She adds the City is concerned that other homes associations do not have those resolutions. She adds that spot checking was done to see if deed restrictions were done, and the City found J.C. Nichols Company removed the clause for most homes south of 63rd Street but not all deeds were checked. She notes that every property should be checked, and she started with Mission Hills Homes Company since they all have the resolution. She notes that when they listed out the blocks of properties it was noticed that some were missing. Ms. Krstulic adds that the statue is not intended for cities but instead for individual property owners and homes associations to take action. Mayor Dickey notes that a letter could be sent from the City to the homes association boards. Councilperson Bruning states the City could assist the homes associations and states there are at least nine homes outside the homes associations. Ms. Clifton adds there are properties paying voluntary dues even though they are not technically in a homes association. Mayor Dickey recommends sending notices to the three homes associations in Mission Hills and one in Prairie Village. Councilperson Bruning states this is an important issue to address properly. Ms. Krstulic adds that the burden is on the homes associations and deeds can be difficult to amend but this legislation makes it easier. Ms. Lee asks for clarification on whether the City should send notice to residents not included in a home association to which Ms. Krstulic recommends against as the law does not cover that. A. City Arborist Mr. Carmack refers to his report and states there are abiotic tree issues from activities such as mowing and trimming for which there is not much that can be done other than mulching. He adds private trees are showing considerable heat stress with wilt and bacterial scorch leaves. He notes a large limb dropped that showed the tree was dead with weak points and brown rot. Mr. Carmack notes that many trees are coming to the end of their lifespan, especially the pin oaks that are 70-90 years old which will need to be addressed in the future. He predicts a decline in the next five years depending on the location. He adds he wants to maintain the canopy and get 15 ahead of that with tree planting. He notes of his meeting with homeowners and their unawareness with the urban forestry license. He is educating residents of this and provided them with a list of licensed companies, as well as three companies that were recently added. Mr. Carmack asks the Council for any questions to which Councilperson Nelson states she is concerned about trees on private property and wants to make sure that the City has a good recommendation list. She notes large private trees are in poor condition, and they may come down causing damage to homes and their loss would worsen our water problems. Councilperson Bruning notes the Park Board not engaged in the discussion of mandatory parkway trees. Ms. Lee notes the Council has amended the tree ordinance and added tree protection to ensure fencing requirements during construction but notes the City has not moved to regulating private trees and notes the loophole that private trees can be removed by a licensed tree care company if there is not an open building permit. She notes that staff have identified some potential ordinance changes that could make it more effective and in the next few months staff will return to Council with recommendations. Councilperson Bruning states that a fresh set of eyes is good and would like to have a guidebook for pruning. Councilperson Nelson asks if the City still offers arborist consulting to which Mr. Carmack responds yes. D. Assistant to City Administrator Ms. Lee notes the Community Engagement Committee is preparing a statement of purpose for Council review at the August meeting. She notes the Committee recommends continuing to be a small group for now. Council Liaison Repots Councilperson Davidson notes Planning Commission did not meet due to a lack of quorum and at the July meeting solar panels would be discussed. Councilperson Weed notes the Crime Prevention and Safety Committee did not meet. Councilperson Weeds adds Ms. Curran will be joining the Community Engagement Committee and Councilperson Thorne will stay involved. He adds the Diner a Verona invitation is being finalized. He states the City has done a great job of finding funding resources. Councilperson Nelson states the June Board of Zoning Appeals meeting was cancelled due to no applications for review. Councilperson Bruning states the Park Board did not meet this month. A. Executive Session – Potential Acquisition of Real Property Councilperson Weed moved to enter an executive session, stating “I move that the City Council recess into executive session for preliminary discussion for the potential acquisition of real property for public use, pursuant to K.S.A 75-4319(b)(6). The Executive session will include the City Administrator, Assistant to the City Administrator, City Clerk, and City Attorney. The meeting will resume in the City Council chamber at 8:26 p.m.” Councilperson Bruning 16 seconded. Approved 5-0. The Council reconvened in open session at 8:26 p.m. Councilperson Weed stated that no binding action was taken during the executive session. ADJOURNMENT The meeting was adjourned at 8:26 p.m. /s/ Jason Nickles 17