MINUTES OF THE MISSION WOODS CITY COUNCIL Tuesday, October 3, 2017 7:00 p.m.

The City Council of Mission Woods, Kansas met in regular session on Tuesday, October 3, 2017, at the Westwood City Hall, 4700 Rainbow Boulevard, Westwood, Kansas 66205.

Members Present: Mayor Robert Tietze Council Member Bill Dunn Council Member Cory Fisher Council Member Amy McAnarney

Member(s) Absent: Council Member Darrell Franklin Council Member Joan Ruff

Others Present: Steven E. Mauer, City Attorney John Martin, City Treasurer Mimi Doherty, Outside City Counsel Laurie Franklin, Resident I. CALL TO ORDER .

Mayor Tietze called the meeting to order at 7:04 p.m. A quorum was present.

II. POLICE REPORT .

The Council then reviewed the Police Report. There were no questions. III. PUBLIC COMMENT

The meeting was then opened for public comment. Mayor Tietze called on Laurie Franklin, a homeowner. Ms. Franklin discussed the landscaping (or lack thereof) along Shawnee Mission Parkway next to the home of Jay Sidie. She explained her belief that the property was in disarray and should be maintained by the City. She provided a historical perspective of her belief that the City originally landscaped that property, which was a “four inch strip” between the sidewalk and the retaining wall. She also believed that the retaining wall may have been constructed by the City. She expressed concern that the landscaping was very weed-filled and made the area look “junky.” She explained that she personally pulled out weeds and attempted to make the area “look nice.” She asked why the City was not maintaining that area as they have done in the past?

Mayor Tietze explained that this issue first arose when Mr. Sidie requested that the City repair a fence on his property. As a result of that request, the City had a survey conducted which actually showed that the fence, retaining wall, and strip of land identified by Ms. Franklin were all within the private property of Mr. Sidie. Further, the City had been advised that it cannot spend public funds to benefit private property. Council Member Fisher also explained that even if such things had been done in the past, it did not mean the City could continue a practice that was prohibited by Kansas law.

Council Member Dunn arrived at 7:20 p.m.

Ms. Franklin then asked what could be done about the ugly appearance. She discussed whether the City could obtain “ownership” by adverse possession or by easement. There was discussion amongst the Council Members about the ramifications of maintaining the area of Mr. Sidie’s property but not other areas along Shawnee Mission Parkway that were also private property. Ms. Franklin expressed that something be done, but she did not want it to become a “code enforcement issue.” Ms. Franklin then left the meeting.

Two members of the audience noted that their trash was being picked up properly and thanked the Mayor and Council for their attention to this matter.

IV. MINUTES OF PRIOR MEETING .

The next item on the agenda was approval of the September City Council Meeting. Mayor Tietze asked for corrections or additions. There were none. Council Member Fisher moved to approve the Minutes as written. Council Member Dunn seconded the motion, which passed unanimously. (Ayes – III; Nays – 0). V. WARRANTS .

The Council next turned to the August Warrants. Mayor Tietze stated that there was nothing new to report. After a brief discussion, Council Member McAnarney moved to approve the Warrants. Council Member Dunn seconded the motion, which passed unanimously. (Ayes – III; Nays – 0).

VI. EXECUTIVE SESSION .

At 7:45 p.m., a motion was made by Council Member Dunn to recess into Executive Session to consult with Mimi Doherty, outside counsel for the City, about litigation filed by the Archdiocese of Kansas City, which is deemed privileged in the attorney-client relationship, pursuant to K.S.A. 75-4319(b)(1) and to reconvene the open meeting in approximately twenty (20) minutes. Council Member Fisher seconded the motion, which passed unanimously.

At 8:05 p.m., Council Member Dunn made a motion to adjourn the Executive Session and return to open session. The motion was seconded by Council Member McAnarney. (Ayes – III; Nays – 0).

VII. GENERAL COMMENTS .

Mayor Tietze then opened the floor for general comments and questions. There was discussion regarding the comments from Ms. Franklin. It was decided to add this issue to the agenda for the next council meeting. There was also general discussion about the favorable vote for the City Sales Tax. Treasurer John Martin explained that the tax would go into effect on the first of the year and the State would notify all vendors of this new tax.

Having no further business, a motion to adjourn was made by Council Member Dunn. Council Member Fisher seconded the motion, which passed unanimously (Ayes – III; Nays – 0).

The meeting adjourned at 8:09 p.m.