City Council

MINUTES OF THE CITY COUNCIL MEETING CITY OF MISSION HILLS, KANSAS August 12, 2024 The City Council of the City of Mission Hills, Kansas held a meeting on August 12, 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; Meghan Woolbright, Assistant to the City Administrator; Jill Clifton, City Planner; Jason Nickles, City Clerk; Anna Krstulic, City Attorney; Chief Byron Roberson, Prairie Village Police Department (PVPD); Deputy Chief Major Eric McCullough, Prairie Village Police Department (PVPD); Captain Adam Taylor, Prairie Village Police Department (PVPD); Fire Chief Steve Chick, CFD2 VISITORS: Tim McQuaid, Mission Hills; Mike McQuaid, Fairway, KS; Katy Hoffman, Silver Haired Legislature; Gary Scott, Silver Haired Legislature; Emily Randel, Climate Action KC 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 – July 8, 2024 Councilperson Nelson moves to approve the minutes of the July 8, 2024 meeting with suggested corrections. Councilperson Bruning seconds. Approved 5-0. PUBLIC SAFETY A. Police Report Chief Byron Roberson begins his report discussing an attempted car theft in the 6500 block of Sagamore Road. He adds the car was damaged but was not able to be started and the victim does not desire any prosecution. Chief Roberson adds the car was a Hyundai, a commonly targeted vehicle. Chief Roberson notes in the 3000 block of 67th Terrace a vehicle parked on the street with the keys inside was stolen. He adds the car was tracked with OnStar, located, and a suspect was arrested by KCMO. Chief Roberson notes of a porch theft on State Line Road to which he adds there are no leads. Chief Roberson notes another porch theft and adds that if these crimes 1 can be linked, then they would be a felony. Mayor Dickey ask Chief Roberson to clarify that 68th Street currently does not have a camera installed to which Chief confirms and adds that there are cameras nearby that would capture vehicles leaving the area. Councilperson Weed notes that he lives on this street, and this is the third rash of burglaries since January. Chief Roberson notes that the cameras are being used and adds of a stolen vehicle last week that was captured on the LPR in Mission Hills. Chief Roberson notes the first half of the year stats, adding that calls for service are up 100 or 16%. He adds that burglaries are down from the average thus far this year and adds that three burglaries are aggravated. Chief Roberson notes that aggravated burglaries are when residents are home at the time of the burglary or when there is access to the interior of the home. He adds that all other crimes such as battery, criminal damage, forgery, are all down from last year. He notes that auto thefts are down from last year and theft from motor vehicles are down by 0.2%. Mayor Dickey asks Chief Roberson if attempted auto thefts count as auto thefts to which the Chief replies no, they are classified as criminal damage. Deputy Chief Eric McCullough adds that auto theft data is still captured in the system despite their classification as criminal damage. Chief Roberson notes that DUIs are up quite a bit over the average of 10, this year we are at 18. Chief Roberson highlights in the report, failure to yield is up 40% and, in his opinion, these can be individuals that are coming here to do bad things and run from the police. He notes that this is also a trend in Prairie Village as well. Chief Roberson notes a 10% increase in traffic stops with 1,300 this year and an average of 1,200. Mayor Dickey asks the Chief if they have successfully used a grappler to which Chiefs states yes, they grappled a stolen vehicle on 75th Street. He notes they can be effective, and their officers are going through training to utilize the grappler. He adds there are two grapplers in Mission Hills and two in Prairie Village. Councilperson Bruning asks Chief Roberson if the increase in statistics indicates an increase in crimes or if the departments is better at picking up criminals to which Chief Roberson notes, this is a good question stating that it is a culmination of several things. He adds that some officers are better at detecting DUIs, some officers are better at detecting drugs. He notes that violent crimes are down across the board throughout Johnson County, but property crimes are either steady or up. He adds that Prairie Village and Mission Hills have more crime fighting materials than many other cities in the Metro. He adds that a couple years ago this was not the case, and the governing body of Mission Hills has installed license plate readers and cameras which are helping them catch more bad guys. Councilperson Nelson asks Chief Roberson to explain the 7,800% increase for residential cancelled alarms and a 2,156% increase in residential false alarms. Chief Roberson explains that when a resident calls to cancel before an officer arrives that is a residential cancel. He adds that the departments changed how they capture that data with their computer aided dispatch center. Chief Roberson notes that when an officer arrives onsite that is a residential false alarm and notes that these are also being categorized differently but these numbers are accurate. Councilperson Nelson notes that this seems like a lot of wasted time dealing with false alarms and wants to be sure their time is used efficiently. Chief Roberson notes that there is a City ordinance in place that states that you get two false alarms per year before a resident will be charged. Ms. Lee notes that the increase in storms may be part of the reason for the increase in false alarms due to power outages. Chief Roberson notes that he wants residents to continue using alarms and it does not take that long for an officer to check. Councilperson Weed opines about a newspaper article from San Fransisco where residents were complaining about invasion 2 of privacy from cameras. He asks Chief Roberson if the department is collecting data and asks if there is any data or statistical analysis that the City can use to reinforce the Council’s decision. Chief Roberson states that the data is purged every 30 or so days but the department can go back to review information in the case of a later crime. Chief Roberson notes that the department keeps track of success stories and positive hits from the cameras and LPRs. Chief Roberson notes that it is difficult to correlate the cameras with the numbers of arrests. Councilperson Bruning asks if Chief Roberson has had any complaints from residents to which he states none. Mayor Dickey notes that he has heard from a couple residents about this issue and has explained to them how personal phones are tracking them to which their concerns of cameras and LPRs are lessened. Mayor Dickey asks the Council for any remaining questions to which there are none and thanks Chief Roberson for his time. B. CFD2 Q2 Fire Report Fire Chief Steve Chick begins his Q2 report highlighting a 12% increase in call volume for Mission Hills. He notes that the volume of calls is made up of EMS, medical calls, and other calls or automatic alarms. Chief Chick points out that, despite road construction, the department has improved response times. Chief Chick states that he is very pleased with overall metrics and notes the department’s long-standing practice of monthly reporting to Mission Hills has been changed to quarterly reporting, like other cities in the fire district. Chief Chick provides a brief overview of CFD2 stating that the department remains a destination organization, and they are looking for new ways to attract the right people. He notes their turnover rate on an annualized basis at 1.38%, which is almost unheard of in fire and EMS. He notes they received the highest annual audit rating, and they are changing how they manage long-term investments of reserves which will result in $700,000-$800,000 of additional money for their bottom line. Chief Chick highlights the advanced life support (ALS) program has matured and can provide consistent paramedic services to your doorstep in 4 mins and 39 secs. Chief Chick notes the station project at 63rd Street and Mission Road is ready for permits and is anticipated to take one year. Chief Chick notes they plan on keeping the station open during construction. Chief Chick also notes that Station 21 is up for improvements and adds the building is 50 years old. He notes that these projects have been planned and money has been saved and they are not incurring any loss of service or debt for these projects, which is a savings to taxpayers. Chief Chick notes of the firefighting intern program, highlighting three success stories that have led to hirings in the past 18 months. He adds that the department is an ISO class one, one of 411 fire organizations rated class one out of 50,000 graded. He adds that for taxpayers, insurance companies determine their rates based on this classification rating, so businesses and homes in the CFD2 have the lowest possible rates. Chief Chick adds that for the past five years, the CFD2 mill rate has decreased 1.73743 mills. He adds that property values have increased 5- 5.5% district wide this year and the department is recommending a steady mill rate this year. He adds that over the past six years Northeast Johnson County has seen a 43.23% increase in property values and the district has been very careful when lowering the mils. He notes that they do collect more taxes year over year but of the 43.23% increase in property values the district has only realized 21.90% increase in revenues. He notes that CFD2 has lowered the mill levy and ad valorem tax levy more than any other taxing subdivision in the commission district. Councilperson Weed recommends Chief Chick present the insurance rate information and his 3 report to the home association meetings to which he happily agrees. Mayor Dickey thanks the Chief Chick for his reporting. CONSENT AGENDA A. Claims Ordinance No. 1659 Councilperson Nelson moved to approve Claims Ordinance No. 1659. Councilperson Bruning seconded. Approved 5-0. FINANCIAL REPORT A. July Financial Report Councilperson Weed notes that revenues from utilities fees are running lower than in previous years and asks Ms. Lee if this is a trend and if it is expected to accelerate. Ms. Lee states that city administrators in the county have been discussing the continuing decrease in franchise fees, partly due to the state’s desire to control utilities at the state level. She adds that gas and electric are largely driven by rates and weather and are less political than fiber, cable, and telephone, who pay statewide franchise fees. Councilperson Weed states that we do not have as much leverage, to which Ms. Lee responds the City requires utility contractors have a construction maintenance bond but notes that most of the significant controls are at the state level. Councilperson Bruning opines that his power went out recently and asks Ms. Lee if there are more climate related storm outages and if the City is tracking these. Ms. Lee states that they could request data, but the City only has access to the same outage maps as the general public. Councilperson Bruning states he has a sense that this should be tracked. He notes previous discussions on the impact private tree management has on the electrical lines. Mayor Dickey asks Councilperson Bruning what he wants to track to which he replies he would like to map outages and track causes of these outages as he believes it is starting to impact residents significantly. Councilperson Weed adds the impact on residents has been softened by the use of generators. Councilperson Nelson notes the noise from the generators and adds that the cost could be used to bury the lines instead. Councilperson Bruning notes that his lines are buried, and his power was still out. Ms. Lee states that she is going to reach out to neighboring cities, who she knows is having issues with aged equipment and will do some homework for the next Council meeting. Mayor Dickey adds that he was Treasurer at the time of the proposal to underground the entire City and there was a full assessment of undergrounding all the lines in the City. Councilperson Weed states that he was on the Planning Commission at the time, and it was going to cost $35 million to underground the lines and adds that it was not the solution that people thought it was due to lifespan issues of the undergrounded lines. OLD BUSINESS A. Repeat Nuisance Properties Councilperson Thorne asks if the City is mowing the vacant parcel on 66th Terrace to which Ms. Lee responds no. Mayor Dickey adds that this property was purchased by a Mission Hills resident who is going to build a new home. Councilperson Nelson notes the property at 6700 4 Cherokee is overgrown to which Ms. Woolbright stated she discussed this with the owner, and they apologized and will be attentive in this matter. B. Draft Ordinance Scooters City Attorney Anna Krstulic states the draft ordinance is not numbered as she wanted to give the Council an opportunity to discuss recommendations or changes. She adds this draft is somewhat modeled on Topeka's ordinance and term definitions from the Standard Traffic Ordinance (STO) from the State statutes. She notes the draft is in keeping with the statutes and how they are defining and categorizing vehicles. She adds that e-bikes and e-scooters and all other kinds of motorized implements would be subject to the same laws. She adds sidewalks are reserved for pedestrians and non-motorized devices and another section of the draft addresses operating requirements for the electric or motorized devices, which includes helmets for riders under the age of 18, compliance with traffic regulations applicable to bicycles, including yielding to pedestrians, and a 15 mile per hour speed limit. She notes the speed limit was a carryover from Topeka’s ordinance that she left in to see what Council thought. Councilperson Weed notes that there is a 750 watts cap to which Ms. Krstulic states that is for electric assisted bicycles and is statutory. Mayor Dickey asks what an e-bike with more than 750 watts is and asks if it is regulated by another statute. Ms. Krstulic states that she will check. Mayor Dickey notes it would be interesting to know if there are different classes. Councilperson Nelson notes situations of multiple riders on one electric scooter and asks that the City look at addressing this. Mayor Dickey reminds the Council about Chief Roberson’s discussion at the previous Council meeting about an education component at the local elementary schools. He adds that Prairie Village is interested in how Mission Hills decides to regulate this issue and might replicate it in their City. Councilperson Nelson adds she is very worried about this issue. Mayor Dickey notes that PVPD has a bicycle officer and believes that stopping unsafe riders on Belinder Avenue on a Saturday or Sunday could go a long way in deterring unsafe behaviors, but an ordinance needs to be created first. Councilperson Thorne adds she agrees with Councilperson Nelson’s concern of multiple riders on one e-bike. Councilperson Bruning notes this ordinance should be done in accordance with Prairie Village and worries about enforcement, especially with children. Mayor Dickey states he shares Councilperson Bruning’s concerns and states that the education will go a long way. Councilperson Bruning asks if the City would cite six years olds to which Ms. Krstulic replies that Chief Roberson stated at the last meeting that the parents would most likely receive the citation. Councilperson Davidson notes that he likes the education component and notes of its perfect timing with kids going back to school. Mayor Dickey adds that several parents he talked to are frustrated and some have owned up to the fact that they are part of the problem. Mayor Dickey asks since the City is asking users to ride on the road, why is there a need for a 15 mile per hour speed limit instead of a 25 miles per hour speed limit that exist on every road in Mission Hills. Ms. Krstulic replied she took the speed limit from Topeka’s ordinance and acknowledges it may not be necessary here. Mayor Dickey adds this would be easier for the PVPD to enforce. Councilperson Nelson asks if there could be something in the Columns newsletters to which Mayor Dickey replies it is in the upcoming newsletter. Mayor Dickey notes he has received lots of feedback and it is of great concern and the City needs to advance the ball on this. Councilperson Bruning states his concern about the unintended consequences and that he is scared to push kids to use the streets. Councilperson Weed adds that this is a work in process and good ideas have come up and it is time to put regulations into the Code. Councilperson Bruning states the City is criminalizing behavior with an ordinance. Mayor Dickey states that he does not 5 want a child to be injured. Councilperson Weed notes that the point of an ordinance is not to criminalize but to change behavior and this is the only tool for the City to enforce. Mayor Dickey notes changes could be applied after three or six months. Councilperson Bruning asks Ms. Krstulic for clarification if there are ordinance or laws in the State or County that could be enforced now to which she states no, not with respect to e-scooters. Mayor Dickey notes that e- bikes would follow the same rules as bikes. He states that based on the Council’s discussion; the City is ready to take the first steps to pass ordinance language next month. Mayor Dickey adds after adoption Chief Roberson can begin the education piece shortly after Labor Day. Councilperson Bruning asks if Chief Roberson could develop a plan for enforcement. Councilperson Nelson recommends a simple booklet or handout that could be passed out to residents. Mayor Dickey adds that the electric element has somehow changed people’s mindset to not follow the rules. Ms. Krstulic states she will work on a simplified chart to help explain the rules. NEW BUSINESS A. Silver Haired Legislature – Introductory Briefing Katy Hoffman and Gary Scott from the Silver Haired Legislature provided the Council with information about their advocacy work for Senior Citizens in Kansas. They highlight the need for advocacy for the 660,000 seniors in the State of Kansas. B. Informational Update from Climate Action KC Emily Randel from Climate Action KC shares with Council their signature initiatives, community partnerships, and regional climate plans from their 2024 Summary Report. C. Resolution No. 2024-M: Contract with LMCC for Repair of Creek Wall on Ensley Ln. Councilperson Thorne asks for clarification that the residents near the replacement are not replacing their side of the wall to which Ms. Lee states that is correct. Councilperson Bruning asks what the impact is of them not doing their side of the creek to which Ms. Lee states it will eventually fail but that should not affect the replacement of the City’s wall. Councilperson Nelson notes that she wants residents to know that they have ownership of the walls. Ms. Lee states the City wants to focus on getting a record of walls the City owns. Ms. Lee adds that surveys would be required to determine private wall ownership. Councilperson Nelson moves to approve Resolution No. 2024-M. Councilperson Davidson seconds. Approved 5-0. D. Community Engagement Committee - Review Statement of Purpose Mayor Dickey notes that residents engaged the City with this idea nearly five years ago and Councilperson Weed helped with spearheading the formalization of the Committee. Councilperson Weed adds that the Committee worked with City staff to develop a Statement of Purpose. He adds that when the Co-Chair Megan Winters decided she could not continue, the Council decided more structure could help prepare for leadership changes in the future. Councilperson Weed adds that $30,000 has been budgeted for all the events the City provides. Mayor Dickey recommends that the Council ratify the Statement of Purpose with two edits, the Committee appoints its own chair, not the mayor. He adds that the other recommended change is to require a minimum of three members instead of two. Councilperson Nelson asks if it is possible to join the Committee for a specific event but does not want to be in a three-year term to 6 which the Council agrees that could be welcome. Councilperson Bruning moves to approve the Community Engagement Committee Statement of Purpose. Councilperson Thorne seconds. Approved 5-0. E. Resolution No. 2024-N: Amendment to the Cooperation Agreement with Johnson County Ms. Lee states this is an update to an old agreement that the City needs to adopt the changes so that the County (and City) can be eligible for redevelopment and block grant funding. Ms. Lee adds that although the City does not meet the qualifications for these programs, the agreement is in keeping with being a good partner with the County. Councilperson Nelson moves to approve Resolution No. 2024-N. Councilperson Thorne seconds. Approved 5-0. F. Resolution No. 2024-O: 5-Year Funding Contribution to Johnson County Homeless Services Center Mayor Dickey begins the discussion providing the Council with some history on this issue. Mayor Dickey notes that at the June Johnson and Wyandotte County Council of Mayors, Chairman Kelly spoke and mentioned this proposal. He adds the reaction of the Johnson County Mayors has been generally supportive of homeless services, especially if executed well. He adds the County does have a homeless population and no one should pretend like there is not. Mayor Dickey notes concerns about how the funding structure was developed, first, bringing the proposal to cities in June, in the midst of the budgeting process, second, the County touting cutting their mill levy while asking cities to fund a majority of this, third, the County does not have a plan to deal with cities who do not approve of a contribution, and fourth, there is not a governing structure for the cities to be represented fairly in operation. Mayor Dickey adds that the five-year commitment is odd as the next council could choose not to be included. Mayor Dickey notes the County’s timing is related to the vacancy of a hotel, in a busy area with transportation access, and in a non-residential area. Mayor Dickey notes he has talked extensively with fellow mayors and believes the City should be supportive in the first year and see if the County has addressed the issues he previously noted. He added if in subsequent years these issues are not addressed, then there could be clear reasons to rethink this issue. Councilperson Weed notes that the City has historically been non-partisan which has been wise, and the City should continue to do so, but he believes there is a compelling argument to be supportive. Mayor Dickey agrees with Councilperson Weed’s point but worries this sets a precedent for future County requests. Mayor Dickey notes that the proposal alleges there will be savings in law enforcement and public safety but when asked the County has stated it is difficult to measure. Councilperson Thorne asks if the City has an opinion from Chief Roberson or Prairie Village’s Mayor. Mayor Dickey replies he does not want to speak on their behalf, but Mayor Eric Mikkelson has similar supportiveness and concerns. Mayor Dickey notes that there are a few hard opt out cities in the County. Councilperson Bruning states that there have been homeless people living in Mission Hills before and the City is not immune. Mayor Dickey compared this to the new co-responders which now the police see as a valuable resource. Mayor Dickey says he will a entertain a motion to support one-year funding contribution to the Johnson County Homeless Services Center with a 12-month review to determine if funding should be continued. Councilperson Nelson moves approval. Councilperson Bruning seconded. Approved 5-0. 7 REPORTS OF CITY STAFF A. City Clerk Mr. Nickles refers to the City calendar and asks the Council if September 16th is a good date for the Police Appreciation Luncheon to which the Council agrees. B. City Administrator Ms. Lee provides the Council with a capital update, noting the 63rd Street project was ahead of schedule but with the rain, the project is now back on schedule. Ms. Lee adds she will ask the Council to help prioritize future sidewalk locations and will share additional information at the September meeting. Ms. Lee notes her meeting with Kansas City, MO and Johnson County Wastewater on August 20th and believes it may be helpful to have an elected official in attendance and asked the Council if they would like to attend. Ms. Lee notes the City is working on plans for the Indian Lane wall failure. Ms. Lee notes the pump station at the confluence of Belinder Avenue and State Park Road will begin a significant two-year project beginning in the 4th quarter of 2025 through the 4th quarter of 2027. She adds that staff will be meeting with Johnson County Wastewater (JCW) on this project and will provide an update. COUNCIL LIASION REPORTS Councilperson Weed notes that he and Councilperson Thorne have attended alternating ARB meetings. He notes the plans and beautiful model of the house at 67th Street and Belinder Avenue with their addition planned for the rear of the house away from the street to double the size while respecting the integrity, style, and period of the home. He notes one objection from a neighbor related to cinder block wall but notes that the house already has cinder blocks in its design. Councilperson Bruning states he commends the homeowners for their sensitivity in protecting and enhancing this unique piece of architecture. Councilperson Davidson notes that the Planning Commission is sending the Council revised recommendations on solar. Councilperson Davidson notes at the ARB the Kansas City Country Club (KCCC) cart paths and greens were discussed, as well as the fan locations. Councilperson Thorne notes a Fairway resident attended the ARB meeting to share his complaints of the fan location on Hole 11 where the new location is actually 30-40 feet further from his property. Councilperson Bruning states the Park Board did not meet but the Board of Zoning Appeals (BZA) did meet and an 8.5 ft variance request was not approved. MAYOR’S COMMENTS Mayor Dickey asks the Council to continue to send him people who would be good for boards and committees. Mayor Dickey notes of the KCCC is involved in two big projects right now, including a complete renovation of both the racquet ball facility and golf course. He notes heavy equipment will begin deliveries in early October and it will last for 12-18 months. Mayor Dickey gives kudos to staff as he discussed with a resident interested in serving on a committee and they 8 complimented the staff on the ARB and BZA process. He adds that they were happy and impressed with the responsiveness. A. Executive Session – Potential Acquisition of Real Property Councilperson Weed moves 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 8:38 p.m.” Councilperson Bruning seconded. Approved 5-0. The Council reconvened in open session at 8:38 p.m. Councilperson Weed stated that no binding action was taken during the executive session. ADJOURNMENT The meeting was adjourned at 8:38 p.m. /s/ Jason Nickles 9