City Council

MINUTES OF THE CITY COUNCIL MEETING CITY OF MISSION HILLS, KANSAS December 09, 2024 The City Council of the City of Mission Hills, Kansas held a meeting on December 09, 2024 at 5:00 p.m. PRESIDING: Councilperson Andy Weed PRESENT: Councilpersons Bill Bruning, Gregg Davidson, Barbara Nelson, Eden Thorne, ABSENT: Mayor David W. Dickey ALSO PRESENT: Jennifer Lee, City Administrator; Meghan Woolbright, Assistant to the City Administrator; Spencer Jones, Treasurer; Jill Clifton, City Planner; Jason Nickles, City Clerk; Anna Krstulic, City Attorney; Deputy Chief Major Eric McCullough, Prairie Village Police Department (PVPD); Captain Adam Taylor, Prairie Village Police Department (PVPD); Cole Carmack, City Arborist and Park Coordinator, and Judy Fang, Senior Financial Analyst VISITORS: Tim McQuaid, Mission Hills and Mike McQuaid, Fairway, KS WORK SESSION City Planner Jill Clifton begins the work session introducing a slideshow featuring a dozen new houses that have been construction in Mission Hills. The Council is given the opportunity to share their opinion on what works well with the Design Guidelines and what misses the mark on the Design Guidelines. CALL 2024 BUDGET AMENDMENT HEARING TO ORDER Councilperson Weed calls the meeting to order at 5:30 p.m. and asks if there is anyone in attendance for the Budget Amendment Hearing meeting to which there is none. Ms. Lee states that the proposal includes an increase in expenditures for the year by approximately $271,000, primarily attributable to capital project expenditures. Ms. Lee notes the increase covers the Ensley Lane Wall failure project, which has already been completed. Additionally, the bids for the 2024 Street and Stormwater Program came in slightly over budget. Although the lowest bid was selected, it still exceeded initial estimates, also additional stormwater work was completed that was not initially planned. Ms. Lee notes, in compliance with State of Kansas requirements, the details for the hearing were published and notified, the appropriate expenditures have been made, and the necessary revenues are available to cover them. Ms. Lee adds, under new business, the amendment could be officially adopted, and this public hearing is an opportunity for residents to share their thoughts on the proposed budget amendments. After no comments, Councilperson Weed closes the 2024 Budget Amendments Hearing. 1 CALL TO ORDER Councilperson Weed calls the meeting to order at 5:48 p.m. and the pledge of allegiance was recited. GREETINGS AND INTRODUCTIONS Councilperson Weed greets visitors and notes that the meeting would be recorded for the purpose of meeting minutes. APPROVAL OF MINUTES OF COUNCIL MEETING – November 18, 2024 Councilperson Nelson moves to approve the minutes of the November 18, 2024 meeting. Councilperson Bruning seconds. Approved 5-0. PUBLIC SAFETY A. Police Report Major McCullough reports that November was a busy month for crime, beginning with two auto thefts. The first occurred on the 2600 Block of West 70th Street and remains unresolved, though a handprint was lifted from a vehicle at a neighboring property. The second theft, on the 28th, resulted in a vehicle recovery early this morning within the City. Major McCullough adds, License Plate Recognition (LPR) technology helped identify a suspect vehicle, and surveillance videos are under review. Major McCullough continues, on the third, a motor vehicle theft occurred at the country club and alert citizens reported a suspicious vehicle, enabling officers to respond promptly. Although the suspects broke a car window and stole a bag containing a laptop, LPR technology provided a lead, and investigations are ongoing. Major McCullough adds, items like iPads and laptops have been logged into the database to trace potential pawnshop activity. Major McCullough continues his report stating two related incidents occurred on the fifth and seventh. On the fifth, an auto burglary involved a stolen vehicle from Kansas City. The same vehicle was identified on the seventh through LPR technology. Officers coordinated using traffic cameras and successfully apprehended a suspect after a foot chase and evidence links the suspect to both cases, and charges are pending. Major McCullough notes that many thefts involved unlocked vehicles, highlighting the importance of securing personal property. Regarding accidents, a hit-and-run on the 16th was investigated using LPR technology, and leads are being pursued. Major McCullough concludes by inviting questions about the November crime report. As for year-to-date statistics, Major McCullough states that it has been a relatively good year overall, despite an increase in auto thefts adding, many of these thefts involve unlocked vehicles or vehicles with key fobs left nearby. Major McCullough emphasizes the importance of residents following the 9 p.m. routine to ensure garage doors are closed, cars are locked, and valuables are removed to avoid creating tempting targets for theft. Major McCullough attributes the department's successes to the technology investments, such as LPR and traffic cameras, which provide real-time data and help in tracking stolen vehicles or suspects with outstanding warrants. While not all incidents result in immediate apprehensions, the suspects often leave the area quickly after committing crimes, limiting further activity in the City. Major McCullough concludes by highlighting the proactive measures and technology aiding law enforcement efforts and invites questions regarding the updates. Councilperson Nelson notes to Major McCullough that the percent changes have historically been included in the monthly crime reports but has been missing the last two months, adding the 2 helpfulness of this information. Councilperson Nelson asks Major McCullough if that information can be included back into future reports to which Major McCullough states yes. Major McCullough provides an in-depth overview of the Axon project, building upon the initial preview given by Captain Taylor and Chief Roberson. The focus is on addressing the challenges related to the department’s current body cameras and in-car cameras, which are typically cycled out every five years. The department has reserved funds for these upgrades, but it has become evident that the body cameras, introduced in 2020, do not last as long as in-car cameras. The battery life of the body cameras is insufficient to last through an officer's entire shift, leading to issues with charging mid-shift and missed footage during critical moments. Major McCullough emphasizes that body cameras need to be replaced on a two-and-a-half-year cycle to ensure the batteries last through shifts without needing to dock and charge mid-operation. To address this, the department solicits bids from three companies, with Axon being one of the top contenders. Axon, formerly known as Taser International, has evolved from its initial focus on Tasers to become an industry leader in body cameras and law enforcement technology. Axon proposes a comprehensive suite of products, including body cameras, in-car cameras, and various software solutions aimed at enhancing officer safety, improving community engagement, and expediting crime-solving processes. The benefits of Axon’s technology extend beyond officer and community safety. The new system includes automated camera triggers, such as when an officer draws their weapon or when a vehicle's lights are activated, ensuring important events are captured. Additionally, the technology addresses oversight, liability, and transparency by providing clear, real-time data, which is vital for maintaining public trust and internal accountability. Axon’s solutions also offer long-term cost savings by locking in prices and protecting the department from inflationary increases. Major McCullough concludes the presentation stating the package provides fiscal predictability for future budgets, making it a sound investment over time. Councilperson Bruning asks for clarification that this cost is yearly and on top of the existing PD contract amount. Ms. Lee clarifies that the cost for the additional hardware mentioned earlier would be in addition to the existing contract stating, as Major McCullough pointed out, the current in-car cameras are priced at $22,000 each, and the Council had previously set aside $66,000 to cover the purchase of three additional cameras. Ms. Lee adds, the plan is to use these reserved funds to pay for the first two years of the Axon agreement and therefore, there will be no immediate need for additional budget allocation for the first two years. After this period, the department will integrate the cost of the equipment into the regular budget, with payments for the third year and beyond being factored in for the 2025 fiscal year. Councilperson Weed adds that while this does not require an official Council vote, he gives Major McCullough and the department a vote of confidence and asks other members of Council to share their opinion. Councilperson Thorne states she absolutely supports this and invites the Council to watch an Axon video on their website. Councilperson Bruning, Davidson, and Nelson state their support for this as well. Councilmember Weed expresses full support for the ongoing initiatives and emphasizes the importance of the proactive approach being taken and extends their gratitude, stating that the department is at the forefront of addressing such situations. Councilmember Weed offers a 100% endorsement of the efforts and thanks everyone for their leadership and forward-thinking approach. Councilperson Barbara Nelson left the meeting after the Public Safety discussion. 3 CONSENT AGENDA A. Claims Ordinance No. 1664 Councilperson Bruning moves to approve Claims Ordinance No. 1664. Councilperson Davidson seconds. Approved 4-0. B. Resolution No. 2024 – AA: Contract with Rosehill Gardens for 2025 Annual Flowers Councilperson Bruning moves to approve Resolution No. 2024 – AA: Contract with Rosehill Gardens for 2025 Annual Flowers. Councilperson Davidson seconds. Approved 4-0. C. Resolution No. 2024 – BB: Agreement with Johnson County for Reimbursement of 2024 Indian Lane Stormwater Improvements Councilperson Bruning moves to approve Resolution No. 2024 – BB: Agreement with Johnson County for Reimbursement of 2024 Indian Lane Stormwater Improvements. Councilperson Davidson seconds. Approved 4-0. D. Resolution No. 2024 – CC: Contracts with Van Booven Tree and Wellnitz Tree Care for 2025 Street Tree Pruning Councilperson Bruning moves to approve Resolution No. 2024 – CC: Contracts with Van Booven Tree and Wellnitz Tree Care for 2025 Street Tree Pruning. Councilperson Davidson seconds. Approved 4-0. FINANCIAL REPORT A. November Financial Report Ms. Lee asks if there are any questions and mentions that they will have a clearer understanding of the year-end status by January. Ms. Lee notes that revenues are coming in as expected, with some minor fluctuations in sales tax and mentions that Ms. Fang highlighted some of the major expenses incurred over the past month. Overall, Ms. Lee reports that things are looking good financially. Councilmember Weed asks City Arborist Mr. Carmack about the ongoing tree removal activities, specifically asking if there has been any significant increase in tree removals or if it is part of regular maintenance. Mr. Carmack notes of the decay, stating this is nothing out of the ordinary. Councilmember Weed notes that many trees in the City are 70 to 80 years old or older and asks if the ongoing removals are part of a larger trend and if this is something that may need to be considered for future planning and budgeting. Mr. Carmack states that this has been discussed with Ms. Lee. Ms. Lee responds that many of the pin oaks are reaching the end of their normal lifespan and acknowledges that this is a significant concern, but Mr. Carmack has started to develop a strategy to address this over time with a goal to spread out the expenses and create a plan for identifying which trees need to be removed and replaced. OLD BUSINESS A. Repeat Nuisance Properties Ms. Woolbright provides an update on the property at 6510 Indian Lane, mentioning that Mr. Crull has scheduled a review of the property's cosmetics. Additionally, there is now an open line of communication with the property manager, allowing for better coordination on maintenance items. Ms. Woolbright notes that the property management company has assumed responsibility 4 for lawn maintenance, which was the original goal. Ms. Woolbright notes for the property on 68th Street stating since the last meeting, no further changes have been observed. Ms. Woolbright invites any questions from the Council. There were none. B. Finalize 2025 City Council Meeting Dates & 2026 Budget Calendar Ms. Lee reminds the Council of the discussion from the previous month regarding the meeting schedule and reaffirms that the March meeting will not be adjusted this year, and all meetings will be held on the second Monday of each month. Ms. Lee also mentions that a doodle poll will be sent out to schedule the May financial retreat to ensure it is on everyone's calendar. Ms. Lee adds, unless there are any changes from last week’s discussion, the meeting schedule will remain as presented. Councilperson Weed asks Council if there are any requests for changes to which there are none. NEW BUSINESS A. 2024 Budget Amendment Ms. Lee informs the Council that the budget hearing has already taken place, and this amendment requires a Council vote. Councilperson Bruning moves to approve 2024 Budget Amendment. Councilperson Thorne seconds. Approved 4-0 B. Resolution No. 2024 – DD: Contract with Confluence for Comprehensive Plan Update Ms. Lee discusses the rigorous process undertaken by the committee to narrow down the candidates for in-person interviews, noting that three firms were selected to present, and all performed well during their presentations. Following careful evaluation, the committee expressed strong confidence in Confluence and is recommending moving forward with them. Councilperson Bruning asks Ms. Lee why the contract amount is $10,000 higher to which Ms. Lee explains the standard procedure when adopting a resolution that enters a contract is to include a 10% change order allowance to cover any minor unforeseen issues without requiring the Council’s for approval. Ms. Lee notes that, historically, the change order has rarely been used. However, it is provided as a cushion, and if any significant changes arise during a contract, City staff will return to the Council for consideration. Councilperson Davidson moves to approve Resolution No. 2024 – DD: Contract with Confluence for Comprehensive Plan Update. Councilperson Thorne seconds. Approved 4-0 C. Ordinance No. 1665 – Standard Traffic Ordinance Ms. Krstulic discusses Ordinance No. 1665 that incorporates the annual updates to traffic regulations prepared by the League of Municipalities, which includes local and state statutes. The packet provided includes both the clean version of the ordinance and a redlined comparison to highlight any changes. Ms. Krstulic adds that there has been ongoing discussion regarding a helmet requirement for electric scooters and the intention is to align with the policies being implemented with Prairie Village. She noted her ongoing coordination with Prairie Villages’ attorney on this matter. Councilperson Bruning moves to approve Ordinance No. 1665 – Standard Traffic Ordinance. Councilperson Davidson seconds. Approved 4-0 5  D. Ordinance No. 1666 – Uniform Public Offense Code Ms. Krstulic notes that a redlined version of the Uniform Public Offense Code in Ordinance No. 1666 has been included in the packet, but there are no changes to report. Councilperson Bruning moves to approve Ordinance No. 1666 – Uniform Public Offense Code. Councilperson Thorne seconds. Approved 4-0 E. Ordinance No. 1667 – Revisions to Zoning Regulations re: Plat Requirements Ms. Clifton explains that the proposed ordinance will revise the plat requirements for side yard setbacks. Currently, when a property is platted or replated, the side setbacks must be indicated. Ms. Clifton adds, the proposal aims to remove the requirement for side setbacks for two main reasons, first, having the side setbacks on the plat creates a permanent setback, which can become problematic if the City revises its side setback regulations in the future and property owners would be stuck with the platted setback and would have to go through the replating process to make any changes. Second, under current regulations, no structures are allowed in platted setbacks, unlike typical setbacks where structures such as fences, retaining walls, or walkways can be placed limiting the use of the land in those areas. Ms. Clifton adds, by removing the side setback requirement, property owners could have more flexibility, as the City does not require the same for rear setbacks, which can change over time. Ms. Clifton emphasizes that while side setbacks would be removed from the plat, the front setback would still be required. The front setback is critical to ensure properties are aligned along the street, and if a property does not already have a platted front setback, it would be required to plat in line with other homes on the street. Councilmember Weed inquires whether the proposed revision to the side yard setbacks is a further expansion and the formalization of efforts previously initiated by former Councilperson Robert Closser, who had a strong focus on side yard setbacks. Ms. Clifton responds that many of the side yard setbacks Councilperson Closser supported have already been incorporated into the current zoning regulations, which specify the required distance for houses. The goal now is to ensure property owners are not bound by outdated platted setbacks that may have been established 30 years ago. Instead, they would rely on the City's current regulations. Councilmember Bruning asks if this replats the entire City to which Ms. Clifton states no. Ms. Clifton mentions that there are approximately 15 properties in the City that have not been platted and additionally, there are cases where property owners buy adjacent land or a portion of it and go through the replating process and in these situations, the City's zoning regulations require the side setbacks to be indicated, which then applies to the newly combined property. Councilmember Weed asks whether it is possible that property owners might consider the process of documenting side yard setbacks an unnecessary burden. Ms. Clifton acknowledges that if the side yard setback requirements change in the future, property owners could face significant challenges as they would be required to go through the replating process again, incurring additional costs and time. This would prevent situations where they cannot install a fence or other structures in their yard without going through the process of obtaining a variance. Councilmember Weed inquires whether it is common for cities to replat, or if cities ever take on the responsibility of handling this process themselves. Ms. Cliton responds that, to her knowledge, cities do not typically handle the replat of private property. Ms. Krstulic adds cities generally require property owners to go through the platting process in order to get a building permit. Councilperson Bruning moves to approve Ordinance No. 1667 – Revisions to Zoning Regulations re: Plat Requirements. Councilperson Thorne seconds. Approved 4-0 6 REPORTS OF CITY STAFF A. City Clerk Mr. Nickles shares there are no big changes to the Calendar from last month and notes that 2025 dates are being finalized. B. City Administrator Ms. Lee provides an update on the State Line Road crosswalk project, mentioning that construction estimates are still being worked on by the engineer and these estimates will be shared in January including the costs for two options under consideration. Ms. Lee also highlights an upcoming meeting with Evergy to review outage data and discuss plans to improve reliability, with Councilperson Weed and Councilperson Bruning attending the meeting. Additionally, Ms. Lee shares the small cell application will be heard by the Architectural Review Board on December 17th, following a continuation from November. Ms. Lee concludes in her report by highlighting a brief list of topics to be discussed in January and invites questions from the Council. Councilperson Weed in response to the small cell application, inquires whether any substantive action can be taken in the ARB review, given that the State and other stakeholders likely hold the decision-making power and questions if the intention is to request cooperation or influence in the situation. Ms. Lee explains that the ARB is primarily concerned with the aesthetics and location of the small cell installations. The City's role is limited to confirming that a third-party review ensures the proposed installations meet federal standards. Regarding aesthetics, the ARB asked detailed questions, and the applicant is providing additional information on other stealth installations beyond those proposed for Mission Hills. The applicant believes that after reviewing all options, the City will likely proceed with the original proposal. Ms. Lee shares that the applicant is providing photos of other stealth installations, showcasing different options such as those mounted on poles or on the ground with landscaping. She noted of the seven originally identified locations, two alternative spots have been suggested, which may be less controversial. Ms. Lee adds that these adjustments are minor, such as shifting the installation to a nearby light pole with no significant changes planned. Ms. Lee explains that one proposed installation is on 65th Street, another on 59th Street, and the third was on the island in front of Sunken Garden. Ms. Lee notes that the Council has previously expressed concerns about installations in parks and suggests this is an opportunity to consider which parks may be off-limits. Ms. Lee seeks feedback from the Council on whether smaller traffic islands might be acceptable locations. Ms. Lee adds, during the ARB meeting in November, residents requested that installations be placed in public spaces, like traffic islands, instead of directly in front of their homes. Ms. Lee highlights the Council’s interest in protecting iconic spots in the City from cellular installations, noting that traffic islands might not be considered iconic. Councilperson Davidson expresses support for placing installations on smaller traffic islands, noting he attended the ARB and understood resident’s reasoning for not wanting installations in their own front yards and agreed that such installations could be acceptable in some public spaces like traffic islands. Councilperson Davidson adds that this approach has been met with positive feedback at the ARB. Ms. Lee clarifies that the proposed plan does not involve moving the seven locations to public locations and one of the original locations was on a traffic island. The City suggested 7 switching this location to across the street, but residents opposed this idea. Ms. Lee expresses openness to keeping this installation on the traffic island, unless there are strong objections from the Council. Additionally, Ms. Lee suggests identifying areas where installations should not be allowed, such as historic or iconic locations like the Belinder Circle, Colonial Court, and Sunken Garden. Mr. McQuaid opines that he has gotten used to the LPRs and does not notice them anymore. Councilperson Bruning expresses concerns about the increasing presence of these installations, particularly on decorative light poles and questions whether placing all these installations on existing tall structures with antennas could be more effective. Ms. Lee notes there technological reasons for the proposed application, mentioning that even though there is a large cellular tower at 63rd Street the small cells are still necessary for amplification in those locations. Councilperson Bruning asks about the future of the small cell installations, specifically when the removal might happen and expresses concern that, over time, these installations could become obsolete throughout the City. He inquires if there is any policy in place for the removal of these installations in the future. Ms. Lee responds that once the small cell installations become obsolete, it is the responsibility of the owner to remove them. Ms. Krstulic indicates that the City's code addresses the issue of removing abandoned facilities and adds that they are treated similarly to franchise agreements. Councilperson Weed shares a concern raised by several residents about increasing coyote sightings and encounters, especially in their yards and near pets, noting the settlement constraints, he suggests that a more formal response might be necessary given the proliferation of coyotes and the concerns expressed by the community. Councilperson Weed expresses concern that the coyote issue has not been resolved and remains a safety problem. Although we do not have a solution at the moment, Councilperson Weed acknowledges the potential threat coyotes pose to crime and safety. Ms. Lee suggests that while the coyote issue is ongoing, the City has been taking small steps like providing educational materials and maintaining a coyote resource page on the website. Ms. Lee proposes continuing these efforts, possibly through events where experts could answer residents' questions about how to handle coyotes. Councilperson Weed asks openly the possibility of pushing the responsibility for addressing the coyote issue to the homeowners' association level and suggest that this could add another layer of engagement and education, helping residents feel more assured. Ms. Lee mentions a statewide effort to address coyote-related issues, where multiple cities, including in Johnson County, participated in meetings to discuss the matter with a goal to gather data, understand what different cities were doing, and explore whether the State might consider coyotes a nuisance animal. Ms. Lee notes that progress on this initiative has been slow but suggests checking back with the groups involved to see if any state-led inquiries have emerged or if there are further actions. Councilperson Bruning expresses concern about not continuing to address the coyote issue despite the lack of a clear solution and emphasizes that the interface between wild animals and residents, particularly with coyotes and other wildlife like bobcats, poses a potential danger to 8 residents. Ms. Lee agrees to follow up with the group that is addressing the coyote issue and check if there are any developments or actions coming out of that effort. C. Assistant to City Administrator Ms. Woolbright informs the Council of the Eisenhower Pond Committee kick off meeting and shares that there will be three more meetings scheduled in 2025, and they plan to invite neighbors to the next meeting. Ms. Woolbright shares the Crime Prevention and Safety Committee will be meeting next week. D. City Planner Councilperson Weed expresses appreciation, noting that the private construction spending in the City has increased by $6 million compared to the previous year. Councilperson Weed commends Ms. Clifton for operating at a high level and doing great work. Ms. Clifton notes she has been busy and there has been a Professional Review Panel every Wednesday morning for the past few weeks with more scheduled. Councilperson Bruning mentions the property by the Sunken Garden, noting that there had been concern about the possibility of the house being demolished. However, the owner has chosen to add to the existing structure and redevelop the property. Councilperson Bruning expresses satisfaction with how the process worked. COUNCIL LIASION REPORTS Councilperson Thorne notes that everything she was going to discuss from the ARB was already addressed at tonight’s Council Meeting. Councilperson Davidson shares that the Planning Commission did not meet. Councilperson Bruning shares that the Park Board had a special meeting to secure approvals for matching funds from two home associations. Mission Hills Home Company is sharing half the cost of new benches at Verona Columns, as well as half the cost of uplighting at Sunken Garden. Councilperson Bruning notes that Tomahawk Road Home Association has reprogrammed funding for Eisenhower Pond improvements to lighting improvements at on Three Trails Islands. Councilperson Bruning also shares the Park Boards’ ongoing concerns about coyotes and scooters. Councilperson Weed reflects that community engagement had a productive year, and he plans to meet with the committee again in early 2025. F. 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 7:18 p.m.” Councilperson Thorne seconded. Approved 4-0. 9 The Council reconvened in open session at 7:18 p.m. Councilperson Bruning states that no binding action was taken during the executive session. ADJOURNMENT The meeting was adjourned at 8:32 p.m. /s/ Jason Nickles 10