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Friends and Neighbors,
I write to you today to provide an update on the Karbank project in Westwood, which would include a pathway for the City to acquire the former Westwood View school site and develop most of it as a feature park and green space for our community. As most of you know, over the past year, the project has been stalled through litigation proceedings, and I would like to share with you some important information about the City’s next steps in this process.
Thank You and Appreciation
To begin, I want to recognize the efforts of the City’s Park Planning Steering Committee, made up of Westwood residents, elementary and high school students in the Shawnee Mission School District, a member of the Mission Woods City Council, a representative from the Karbank team, and a representative from Johnson County Developmental Supports. The Committee represents a variety of life experiences and professional backgrounds, reflecting the diversity of needs and concerns which our new City park will hope to answer. I also want to thank our park design team, PORT Urbanism (whose founder is based in Westwood Hills and who is a Westwood View parent), for their professional guidance during this process. The results of PORT’s and the Committee’s imagining process can be seen at www.westwoodkspark.org.
I also want to thank the many who worked over the years in planning for the future of the Westwood community. This includes those who helped lay the groundwork for this by participating in the 2015 Urban Land Institute (ULI) Technical Assistance Panel Study, the 2017 Comprehensive Plan, the 2021 Urban Land Institute (ULI) Technical Assistance Panel (TAP) Study, and the 2022 City Facilities Assessment and Feasibility Analysis. Of course, current and past members of the Planning Commission, past members of the Governing Body, and the Shawnee Mission School District have been instrumental in helping the City arrive at this point in time.
Last, I especially want to thank Karbank and the Shawnee Mission School District. Both have been fully supportive of the City and its residents and have proven to be valuable and consistent long-term partners. Without their patience and dedication to the City of Westwood, and their commitment to the ultimate good of our community, the options being presented to the residents of Westwood would not be possible.
Short History of the Project
Karbank first introduced its proposed project to the community in March 2023—well over a year and half ago. (Details about the project are available on the City’s website at: https://www.westwoodks.org/projects-and-plans/page/5000-rainbow.) After Planning Commission and City Council approvals (following several public hearings and meetings), the City, Karbank, and the Shawnee Mission School District had hoped to “close” on the transactions back in January of 2024.
However, about a month before that hoped-for closing, petitions were filed seeking an election on the sale of Joe Dennis Park to Karbank. Because the petitions did not clearly comply with Kansas law, the City requested a clarifying ruling from the Johnson County District Court to know whether the City had the legal authority to hold the election called for in the petitions. During those proceedings, one resident requested to be added to the case so she could provide her arguments. Without deciding on the resident’s ability to enter the case, the District Court ruled that the petitions were invalid. That ruling was subsequently appealed to the Kansas Court of Appeals by this resident. This process has taken up most of 2024, delaying the project from moving forward. However, throughout the past year, the City, Karbank, and the School District have extended their due diligence and closing dates to allow this process to resolve.
In November 2024, the Kansas Court of Appeals remanded the matter back to the District Court for further proceedings as to this resident’s legal standing to intervene. Notably, the Court of Appeals did not rule against the City as to the merits of the City’s positions; rather, it simply determined that further evidentiary hearings are required as to this resident’s efforts to intervene. Although the Court of Appeals did not rule directly on the issue, the Court suggested that the petitions may be valid and that the City may recognize them.
The City has several options it could take, including appealing the Court of Appeal’s decision to the Kansas Supreme Court or relitigating the matter at the District Court level. However, both of those options would likely take a year or more and keep the new feature park in a state of “limbo”, a situation that would be unfair to Karbank and to the School District. Based on the guidance of the Kansas Court of Appeals and a desire to resolve the issue, the City Council has accepted the petitions and will seek to put the sale of Joe D. Dennis Park on an upcoming ballot.
2025 Mail-In Ballot Election
At the December 12, 2024 City Council meeting, the City Council passed a resolution calling for the holding of an election on the park sale in April 2025. (The resolution can be viewed at https://www.westwoodks.org/ordinance/resolution-no-138-2024-calling-election-sale-joe-dennis-park.) In line with the language presented to the City in the filed petitions, the question will be “whether the Joe D. Dennis Park shall be sold, traded, or exchanged”. The election will be by mail ballot, with the final results to be completed and tallied on April 1, 2025. Simply put, this spring, the residents of Westwood will have the opportunity to vote on this question, as has been requested by many in petitions, legal briefings, websites, yard signs, and social media posts. The City Council trusts that—regardless of the outcome—the results of this election will be respected by the residents of Westwood. As Mayor, I can certainly commit that the City will respect this process and the ultimate decision made by our Westwood community.
I certainly understand that many residents might ask, “Why didn’t the City just hold a vote in the first place?” Without getting too far into the weeds, the City had reason to believe that its ability to do so would be legally questionable. As an example, the Kansas Constitution generally prohibits the City from holding a referendum on any issue that it might want to, even controversial issues that are of high interest to the community. The City had also received an advisory opinion from the Johnson County Counselor that the petitions did not comply with Kansas legal requirements. This determination was then confirmed by the Johnson County District Court. Our residents deserve and expect that, at all times, the City will comply with Kansas law. In fact, all elected and appointed officials take an oath to do so.
However, based on the recent ruling from the Kansas Court of Appeals, the City believes it is now able to accept the validity of the petitions filed regarding the park project. Therefore, the City will place the question before the voters. Although it has taken longer than we might have hoped to reach this point, the City respects the decision of the Court, the requests made by the petitioners, and the decision to be made by the residents of Westwood.
Additional information on the election will be provided in the future by the City and by the Johnson County Election Office. I do ask that all residents exercise their right to vote and, until then, I also ask that you engage with each other as a community, no matter which side of the question you may support. Please be assured that the City will also do its part to ensure a free and fair election for all of our residents. With that, I wish everyone a safe and enjoyable holiday season, and please continue to take care of each other.
David E. Waters, Mayor
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