MINUTES OF MISSION WOODS CITY COUNCIL

November 17, 2016

7:00p.m.

The City Council of Mission Woods, Kansas met in regular session on Thursday, November 17, 2016 at the Westwood City Hall, 4700 Rainbow Blvd., Westwood, Kansas.

Members Present: Mayor Robert Tietze

Council Member Cory Fisher

Council Member Darrell Franklin

Council Member Bill Dunn, Jr.

Council Member Joan Ruff

Members Absent:Council Member Ann McCarthy

Visitors Present:Steve Mauer, City Attorney

John Martin, City Treasurer

Greg O’Halloran, Police Chief

Jeanne Gorman Rau, Attorney – Archdiocese of Kansas City

John Watkins, Business Manager – Archdiocese of Kansas City

Jeff McKerrow, Engineer

Dan Himmelberg, Architect

Fr John Fongemie, Chaplain

Fr Justin Nolan, Asst. Chaplain

Laura Franklin, Resident

Erin Lowery, Resident

Mike Knierman, Resident

Carol Thomas, Resident

Jeanne Hess, Resident

  1. Call to Order

Mayor Tietze called the meeting to order at 7:00 p.m. A quorum was present.

  1. Minutes of Prior Meeting

The Council took up the October City Council Meeting Minutes. Mayor Tietze first asked for corrections or additions to the October Council Meeting Minutes. There were none. Council Member Franklin moved to approve the Minutes. Council Member Ruff seconded the motion, which passed unanimously.

  1. Warrants

The Council next turned its attention to approval of the warrants. Mayor Tietze asked for any questions or comments. Council Member Fisher posed a question about the one bill and Council Member Ruff inquired about the website. Council Member Fisher responded that the decision was made not to proceed with the prior company.

Council Member Dunn moved to approve the warrants. Council Member Franklin seconded the motion, which passed unanimously.

  1. Police Report

The Council then reviewed the police report. Police Chief Greg O’Halloran, stated he was happy to attend an event that was sponsored by the Dunn Family and the Block Family. The event supported mentoring programs for at-risk youth. Council Member Dunn also discussed the event and the charity “High Aspirations.” There were no additional comments or questions.

V.Financial Report

The next item was the third-quarter financial report. Treasurer John Martin explained that the City was in good shape and the budget was on track.

VI.Approval of Ordinances 209 and 2010

The next item was Ordinance No. 209, an ordinance to approve the Uniform Public Offense Code for 2017, and Ordinance No. 210, an ordinance to approve the Standard Traffic Ordinance for 2017. Mayor Tietze explained this was an annual decision to update the City Code. Council Member Ruff moved to approve the ordinances. Council Member Fisher seconded the motion, which passed unanimously.

VII.St. Philippine Duchesne Catholic Church

The next item was the request by the St. Philippine Duchesne Catholic Church/Archdiocese of Kansas City (the “Church”) to open a Meeting House at 2216 West 51st Terrace. The Council had been provided the draft minutes from the City Planning Commission (“CPC”). Mayor Tietze explained that he would allow representatives from the Church to speak first and then would have comments from the audience. Ms. Jeanine Gorman Rau spoke on behalf of the Church. She introduced others in attendance, including Father Fongemie, Father Nelson, Jeff McKerrow and Dan Himmelberg. Ms. Gorman Rau began her presentation by explaining her belief that the CPC had failed to follow City Code Section 12-402(b). She reiterated the various factors set forth in that ordinance. She was critical that the draft minutes did not reflect a listing of each element and whether or not it had been satisfied according to the CPC. Ms. Gorman Rau then went through each of the categories and expressed her belief why the Church request had satisfied each of those items. Following that review, she mentioned one of the new materials, the traffic study. She said that there would only be nine new cars generating trips as a result of the meeting house. She also stated that “facts are facts.”

Lastly, Ms. Gorman Rau commented about the CPC meeting minutes reflecting the inquiry of whether the church would compromise to limit the amount of times of use or amount of people in the Meeting House. She explained her belief that there were other ways to deal with noise, crowding, and improper parking, and that there was no need for a compromise. Ms. Gorman Rau concluded her comments by stating that the neighbors are fearful, but the City established the “rules” and now must follow them.

Mayor Tietze asked for comments from the public. The following speakers presented their opinions and information:

  • Resident Laura Franklin explained that the number of cars and extra trips from the Meeting House was not proper. She stated that numerous people park in other lots, including the KU lot. She asked Ms. Gorman Rau to explain how there would not be parking on 51st Terrace, when there is already excess parking from the Church. In response, Mr. Himmelberg said that the Church has an agreement with KU to park in its lot and a “verbal agreement” with the City of Westwood to utilize its parking. Ms. Franklin then responded that she believed parking would continue to be a problem and the quiet cul-de-sac street would be greatly disrupted.
  • Resident Erin Lowery stated that the ability of the Church to utilize the Meeting House seven days a week at all times of the day certainly diminishes property value. She explained that she has been in the real estate business and that such a use is inconsistent with a residential neighborhood. Ms. Lowery asked if the Church had plans to purchase other homes along 51st Terrace, because she had heard the Church was attempting to buy other houses that abutted their property.
  • Resident Mike Knierman, who resides on 51st Terrace, explained that the meeting house abuts 51st Terrace, parking would be on 51st Terrace, and any traffic study that did not evaluate 51st Terrace would be incomplete.
  • Resident Carol Thomas stated that the number of parishioners is over six hundred and that there would be a significant number of children playing in the Church and in the Meeting House yard. She was also fearful that if the zone change was allowed for this Meeting House, then every other meeting house would need to be approved and her entire street as a residential neighborhood might be lost.

Father Nolan spoke in response to her comments and stated that the Church’s plan was to utilize the Meeting House for Catechism and other Sunday School meetings. Council Member Fisher inquired where those meetings were occurring now. Father Nolan explained those meetings are currently in the basement of the Church. Council Member Fisher asked how there could not be more traffic generated if the Church is adding Sunday School or additional meetings to house more children. Father Nolan expressed his belief that there would not be more traffic or attendance.

The next speaker was John Watkins. He is the business manager for the Church. Mr. Watkins said that parking was a “red herring” because the Church parishioners would park only in the parking lot and not on the street. Council Member Fisher then inquired about the City Code and if everything was simply to be approved without any sort of judgment or application of the Code’s various factors, then why have the Code in the first place? Ms. Gorman Rau responded that it was a “good question” but she did not believe that the City’s Code was specific enough. Council Member Fisher then identified elements of Code Sections 12-402(b)1 through 12-402(b)6 that would appear to be implicated by the increased use of the Meeting House as compared to a Single Family Residence. Mr. Himmelberg then spoke that the believes four other churches have meeting houses or homes, former single family residences, that are in close proximity to the sanctuary. Two he identified were Hillcrest Church and Colonial Presbyterian in Overland Park, Kansas.

The next speaker was Jeanne Hess, a new resident. She said she had only been in her home for a few months, but if she would have had knowledge of the potential use of a neighboring structure as a meeting house, she would not have purchased her home.

Having no further comments, Mayor Tietze entertained a motion to move into Executive Session. At 8:20 p.m., Council Member Dunn made a motion to move the Council into Executive Session to consult with the City Attorney to obtain legal advice that would be protected in the attorney-client relationship and reconvene in the open-meeting back in the same room in thirty minutes. This session was deemed privileged in the attorney-client relationship in order to discuss the potential litigation threatened to be filed by the Church. The motion was seconded by Council Member Ruff and passed unanimously.

In Executive Session, the Council Members received information regarding the Religious Land Use and Institutionalized Persons Act (“RLUIPA”) and the potential threat of litigation from the Church. A motion to adjourn from Executive Session was made at 8:48 p.m. At 8:50 p.m., Mayor Tietze asked for a Motion to reconvene the meeting. The motion was made by Council Member Fisher, seconded by Council Member Ruff, and passed unanimously.

Council Member Dunn then made a motion to approve the request for a Meeting House at 2216 West 51st Terrace by the Church. The motion was seconded by Council Member Ruff. Mayor Tietze called for a vote. Voting Aye – 1 Council Member; Voting Nay - 3 Council Members. The request was denied.

VIII.KU Property

The next item was an update on the KU property. Mayor Tietze reminded all that the use of public funds was not an option and there were currently no ideas on where to go next. Council Member Dunn expressed that there was really nothing left to do for the property.

IX.Johnson County Animal Shelter

The next item was approval of an Inter-local Agreement of the Johnson County Animal Shelter. The motion to approve the agreement was made by Council Member Dunn. Council Member Franklin seconded the motion, which passed unanimously.

X.KCP&L Light Poles

Mayor Tietze provided an update on the use of light poles. Mayor Tietze explained that the estimated cost from KCP&L would be $73,682, a significant amount of revenue. He explained that there were twenty-eight light poles that would be purchased by the City. The Council decided to consider the idea and potential ask Treasurer Martin to do an analysis of the City’s finances on the ability to purchase the light poles.

XI.51st Terrace Reconstruction

The next item was the reconstruction of 51st Terrace. The Mayor had contacted some of the abutting properties to discuss whether they would be willing to pay. The neighbors, including Pembroke Hill, all said they would consider contributing, but the question was, how much? Council Member Franklin suggested that the cost be split four ways. The Council decided to take that matter up at its next meeting.

XII.Shawnee Mission Parkway

The final item was two sinkholes on Shawnee Mission Parkway. One on the sidewalk and the other near the golf course. Mayor Tietze reported that KDOT had assumed responsibility for the sidewalk sinkhole. The other sinkhole could be a City expense.

Having no further business, a motion to adjourn was made by Council Member Dunn. The motion was seconded by Council Member Ruff and passed unanimously.

The meeting was adjourned at 9:02 p.m.