February 3, Mayor Ed Eilert led the audience in the pledge of allegiance. REPORT OF THE COMMITTEE-OF-THE-WHOLE MEETING OF FEBRUARY 3, 1997.

Transcription

1 OVERLAND PARK CITY COUNCIL MEETING February 3, 1997 The meeting of the Overland Park City Council was called to order at 7:55 p.m. by Mayor Ed Eilert. The following members were present, constituting a quorum: Mr. Thomas C. "Tim" Owens, Council President; Mr. Neil S. Sader; Mr. Byron C. Loudon; Mr. Greg L. Musil; Mr. Carl R. Gerlach; Dr. Jack Halligan; Mrs. Georgia Erickson; Mr. Max Gordon; Mr. Michael J. Lally; and Dr. Jay F. Lehnertz. Also present were: Mr. Don Pipes, City Manager; Ms. Kristy Cannon, Director of Finance, Budget and Administration; Mr. Bob Jones, Director of Human Resources; Mr. James Cox, Director of Parks and Recreation; Mr. John Douglass, Chief of Police; Mr. Bob Watson, City Attorney; Mr. Alan Sims, Assistant City Manager; Mr. Marc Farrar, Assistant to the City Manager; Mr. Bob Lindeblad, Administrator, Current Planning; Mr. Doug Johnson, Administrator, GIS/Zoning Enforcement Services; Mr. Bob Lowry, Director of Public Works; Mr. Mark Stuecheli, Senior Transportation Planner; Mr. Bart Budetti, Sr. Assistant City Attorney; Ms. Tracey Reyna, Communications Assistant; Mrs. Jane Neff-Brain, Sr. Assistant City Attorney; Ms. Mary Birch, Chamber of Commerce; and Mrs. Barbara Potts, Recording Secretary. There were approximately 30 persons in the audience. PLEDGE OF ALLEGIANCE Mayor Ed Eilert led the audience in the pledge of allegiance. MAYOR ED EILERT REPORT OF THE COMMITTEE-OF-THE-WHOLE MEETING OF FEBRUARY 3, Mayor Eilert requested the recommendation for the Capital Improvements Program from the Committee-of-the-Whole meeting, which was held prior to this meeting. Council President Thomas C. "Tim" Owens moved to accept and publish, for the purposes of a public hearing on February 10, 1997, the recommendations from the February 3, 1997, Committeeof-the-Whole meeting in reference to the Capital Improvements Program. A second was made by Mr. Carl Gerlach, and the motion passed by a vote of 8 to 2. Mr. Max Gordon and Mr. Michael Lally opposed. CITY MANAGER DONALD E. PIPES

2 No report.

3 Page 3 CONSENT AGENDA: PUBLIC WORKS: COMMITTEE CONSENT ITEMS: 1997 RESIDENTIAL STREET LIGHTING PROGRAM - Bruce Acres, 8200 West 77th Street; Evergreen Estates, West 121st Terrace; Sylvan Grove, West 96th Street; Harmony South, West 155th Terrace and West 156th Street; and Gregory Meadows, 76th Terrace & Hayes STREET IMPROVEMENT PROGRAM - As listed in the January 13, 1997, Street Overlay and Sealing Program. WAIVER OF CONSULTANT SELECTION PROCESS - HNTB Corporation for design manual acceptable to Kansas Department of Transportation to allow the City to administer federal aid projects. STAFF CONSENT ITEMS: ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT - Fayette Funding Limited Partnership concerning property in the vicinity of 151st and Newton (151st, Antioch to Metcalf project). ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT - Monte L. Michaelis concerning property at Craig, 81st Street to Santa Fe (1996 CDBG Program). ACCEPTANCE OF THE FOLLOWING DOCUMENTS AND AUTHORIZATION TO PAY AMOUNTS SPECIFIED - Concerning Antioch Road from 143rd to 151st Streets: Deed of Dedication C. Wesley & Rosalie Nichols $ 9,250 Temp. Constr. Easement C. Wesley & Rosalie Nichols 750 Temp. Constr. Easement Yong Sun & Aiyi J. Choi 275 Temp. Constr. Easement Mark & Sally Lahasky 2,350 Deed of Dedication Doris H. Morgan 13,175 Temp. Constr. Easement Doris H. Morgan 1,450 Utility Easement Doris H. Morgan 125 Perm. Drainage Easement Doris H. Morgan 250 Deed of Dedication Steven & Denise Moore 11,050 Temp. Constr. Easement Steven & Denise Moore 1,150 Temp. Constr. Easement William & Cynthia Russo 150 Deed of Dedication Greg D. Hale 13,850 Temp. Constr. Easement Greg D. Hale 1,000 Deed of Dedication Steven & Sharon Chancey 12,500 Perm. Drainage Easement Steven & Sharon Chancey 250 Temp. Constr. Easement Steven & Sharon Chancey 2,250

4 Page 4 Deed of Dedication Alan & Tanya Sykes $ 2,500 Utility Easement Alan & Tanya Sykes 0 Temp. Constr. Easement Alan & Tanya Sykes 0 FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT: STAFF CONSENT ITEMS: CONFIRMATION OF INVESTMENTS - Totaling $6,822,981 with $1,500,000 in Certificates of Deposit and $5,322,981 in Treasury Bills. COUNCIL MINUTES - November 18, 1996, and Special Council December 18, EXPENDITURE ORDINANCE NO. 1A - Outlining the expenditures from the General Operating Fund for December 26, 1996, through January 8, EXPENDITURE ORDINANCE NO. 1B - Outlining the expenditures from the General Operating Fund for January 9 through January 22, CAPITAL PROJECTS EXPENDITURE ORDINANCE NO. 1B - Outlining the expenditures from the Capital Projects Funds for January 8 through January 14, CAPITAL PROJECTS EXPENDITURE ORDINANCE NO. 1C - Outlining the expenditures from the Capital Projects Funds for January 15 through January 21, CAPITAL PROJECTS EXPENDITURE ORDINANCE NO. 1D - Outlining the expenditures from the Capital Projects Funds for January 22 through January 28, APPLICATION FOR NEW CATERERS LICENSE - Overland Park Beverage, Inc., d/b/a Overland Park Radisson Hotel, 8787 Reeder Road, Sanford J. Fox, manager. COMMUNITY DEVELOPMENT: STAFF CONSENT ITEM: ACCEPTANCE OF A PERMANENT DRAINAGE EASEMENT AND FOUR TEMPORARY CONSTRUCTION EASEMENTS - Antioch, 143rd Street to 151st Street. PUBLIC SAFETY: STAFF CONSENT ITEM:

5 Page 5 APPLICATION FOR RENEWAL OF MASSAGE THERAPY BUSINESS LICENSE Oasis Body Treatment Center, 4522 W. 107th, Steve Greenberg, applicant.

6 Page 6 RESOLUTION NO Declaring the intention of the Governing Body to construct a shelter/storage building on the grounds of the Overland Park Fire Training Center, to issue general obligation bonds in payment therefor, and to lease the facility to the Overland Park Fire Department, Inc. A motion was made by Council President Owens to approve the preceding Consent Agenda items. Mrs. Georgia Erickson seconded the motion which passed by a unanimous roll-call vote. REGULAR AGENDA: PUBLIC WORKS COMMITTEE REPORT - Bryon C. Loudon, Chairman No report. STAFF REPORT: BID TABULATION - Remodeling City Offices in the Overland Park City Hall. Director of Public Works Bob Lowry said the staff recommendation was for acceptance of the base bid of $525,000 and the selection of Alternative No. 3 for $7,700 from Construct Company, Inc. Council President Owens moved to approve the base bid of $525,000 and the selection of Alternative No. 3 for $7,700 from Construct Company, Inc., for the remodeling of the City Hall offices. After a second by Mr. Byron Loudon, the motion passed by a vote of 10 to 0. AGREEMENT - Williams Pipe Line Company - for utility relocation at Antioch Road from 143rd to 151st Street. Mr. Lowry referred to the January 30, 1997, memo from Special Projects Engineer Dan Miller which indicates that Williams Pipe Line Company is requiring an indemnification agreement, which would hold the City liable in the event of property or environmental damages. The City attempted to have the indemnification clause removed from the contract but without success. The City offered a $5 million Owner's and Contractor's Protective Policy to protect them from the loss, but Williams Pipe Line Company preferred the indemnification clause. He explained the downside of the open-ended indemnification would be the potential loss of the City's tort claims protection concerning applicable exemptions and the $500,000 statutory limit of liability. According to Mr. Lowry, Risk Manager James Charlesworth did extensive research and talked to the underwriters of the contractor, O'Donnell & Sons. Since O'Donnell & Sons would

7 Page 7 be performing the actual construction, it was determined that their insurance policies would cover both the property loss and the environmental loses. While there would be some element of risk in executing this agreement, staff believed the risk of the City liability was outweighed by the delays and the potential additional costs that would result, if the City would have to go to condemnation. Mr. Lowry pointed out that it would delay the project by a minimum of five months, resulting in significant additional cost, not only to compensate the pipe line company, but in user delays and the extension of this project. Although the Law Department did not endorse the agreement, staff recommended the Governing Body accept this agreement from Williams Pipe Line. Council President Owens requested clarification regarding the comment that the Law Department did not endorse the agreement. Sr. Assistant City Attorney Jane Neff-Brain replied that the Law Department would always be concerned with waivers of exemptions of the Tort Claim Act, as well as the waiver of the City's $500,000 maximum limit. Therefore, the Law Department wanted to be certain that the Council was aware of the risk before executing the agreement. Responding to Council President Owens' question whether similar agreements had been written in the past, Mrs. Neff-Brain said the Law Department executed utility relocation agreements in the past, however, those agreements did not contain an indemnification clause comparable to this one. When Council President Owens asked whether the City had done business of a similar nature where the City waived the exemptions, Mrs. Neff-Brain said that, although only $500,000 coverage was on each contract, the City received $1 million Owners and Contractors Protective Policy. Thus, it waived the $500,000 up to $1.5 million. In reply to whether this would set a precedent, Mrs. Neff-Brain explained that the pipe line will extend along 143rd Street, and at this point, it had not been determined whether the City would have to relocate the streets. The City did not want to have to continually address the problem. She explained that this could be the first of a series of agreements as the City works along 143rd Street. She deferred to Mr. Lowry in regard to how often the City would possibly have to confront the Williams Pipe Line Company staff. According to Mr. Lowry, the City would need to confront the same situation at every north/south street crossing at Pflumm, Quivira, Metcalf, and Antioch. He said that staff considered shifting the centerline of 143rd Street south to avoid a complete relocation of the pipe line. However, to shift the

8 Page 8 centerline would result in a substantial cost to relocate four miles of the pipe line. He said the cost would be approximately $4 million to $5 million for relocation of the pipe line. Since he believed this could be a serious legal matter, Mr. Max Gordon said he preferred to rely on the legal counsel and requested more information. Mrs. Neff-Brain explained that the indemnification had been modified over many months, and it is now limited to damage to the company's property, pollution damage, and injuries or death to the company's employees. Mr. Gordon believed the City staff was balancing risk, expediency, costs, and desire to get the project done. However, he sensed that the Law Department was trying to play it safe so they would not be blamed if something went wrong. He asked whether, as the City's attorney, she was suggesting and recommending the City assume this risk on behalf of its citizens. Mrs. Neff-Brain replied that she was more of a risk taker, so she would probably sign the agreement. However, since she was not the policy holder, she believed that she had an obligation to warn the City of the potential risk. Mr. Gordon said he could not make a judgment without knowing the rate of the risk. If the contractor (O'Donnell & Sons) would be negligent, and an accident or loss occurred, he asked whether the City would insure Williams Pipe Line against their loss. Mrs. Neff-Brain confirmed that the City would insure Williams Pipe Line because it is the City's property. Subsequently, the City would approach the contractor for reimbursement. In response to Mr. Loudon's request for clarification of the HNTB study, Mr. Lowry said the City entered into a contract with HNTB to determine a preliminary vertical and horizontal alignment of 143rd Street, so as to minimize any conflicts with the pipe line. The pipe line extends east and west, and therefore, runs under the north/south streets, such as Metcalf, Antioch, Quivira, and Pflumm. Depending upon the depth of the pipe line, a utility conflict could occur at these locations, and therefore, he assured the Council that the City staff would be present when the contractor is digging in the vicinity of the pipe line. As he explained, if the pipe line is not worked out through the relocation agreement, the property would have to be condemned. Therefore, the City will reimburse Williams Pipe Line to perform the relocation. In reference to legal issues and economic issues, Mr. Lally asked the recommendation of the City Manager. Mr. Pipes replied that the risk seemed low, and he would recommend approval of the contract.

9 Page 9 Mr. Greg Musil asked whether the City would be liable for the negligence of the contractors and subcontractors who might damage the property of Williams Pipe Line. Mrs. Neff-Brain said that, according to the language of the agreement, the City would be responsible for all claims, damages, loss, or liability rising out of or resulting from loss or damage to the company's property, pollution, or injuries in connection with the construction of the project during the duration of the project. She confirmed that the City would initially be responsible for the loss, however, could then recover the costs from the responsible party. Responding to Mr. Musil's inquiry whether the risk manager for the City had a recommendation, Mr. James Charlesworth said he viewed the contract and agreed with the City's Law Department. He also reviewed the indemnification agreement for the general contractor, as well as his insurance program, and many of the potential losses would be funded from their insurance package. He believed the only problem would be if the insurance program was not sufficient or under funded. Dr. Jack Halligan asked whether verification could be made to determine whether the general contractor had adequate coverage. Mr. Charlesworth confirmed that the contractor had $6 million of general liability insurance which would fund any loss the City would attempt to recover for the indemnification. According to Mr. Lowry, the staff generally excludes utilities from condemnation because they have always been able to negotiate utility relocation agreements. He explained that this was a new situation which had not been anticipated by the City. Mayor Eilert encouraged the staff to move forward with alternative designs. Although he understood that by crossing the intersections possible problems could occur, he suggested the City try to avoid these situations in the future. Mr. Lowry concurred. He maintained that Williams Pipe Line is flagging the locations of the pipe line to assist HNTB in finalizing their recommendations. Mr. Gordon moved to deny the staff recommendation and direct staff to move towards renegotiation or condemnation with Williams Pipe Line Company for utility relocation at Antioch Road from 143rd Street to 151st Street. Mr. Musil seconded. Mr. Gordon explained that he did not feel comfortable in assuming the risk. Although the likelihood may be uncommon, he believed the ultimate risk to be too high.

10 Page 10 The motion carried by a 10 to 0 vote.

11 Page 11 FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT: COMMITTEE REPORT - Mr. Neil S. Sader, Chairman No report. STAFF REPORT: No report. COMMUNITY DEVELOPMENT COMMITTEE REPORT - Dr. Jay F. Lehnertz, Chairman No report. STAFF REPORT: MORATORIUM EXEMPTION: Metcalf Commons, 1st Plat, Final Plat - 148th Street and Newton, Lambie-Geer Homes, owner. ACCEPTANCE OF INTERIM Metcalf Commons, 1st Plat, Final UNILATERAL DEVELOPMENT Plat - 148th Street and Newton, AGREEMENT: Lambie-Geer Homes, owner. Administrator, Current Planning Bob Lindeblad said the abovereferenced request was for approval of an exemption from the moratorium, as provided for in Section 4(B)1 of Ordinance No. ZRR-1860,H for 32 single-family lots on 1,393,920 square feet or 32 acres. Staff recommends approval of the Moratorium Exemption and Interim Unilateral Development Agreement, as submitted. MORATORIUM EXEMPTION: Deer Run Replat, Preliminary Plat - 124th Street and Reeds, Shaffer Combardo Shurin, applicant. Approval is requested for exemption from the moratorium, as provided for in Section 4(B)1 of Ordinance No. ZRR-1860,H, for three single-family lots on 35,636 square feet or.8181 acres. Staff recommends approval of the moratorium exemption, as requested. Council President Owens moved for approval of the preceding Moratorium Exemptions and Interim Unilateral Development Agreement, as listed. Mrs. Erickson seconded, and the motion carried by a vote of 10 to 0. ABATEMENT OF DANGEROUS AND UNSAFE STRUCTURE West 132nd Terrace. Report to Governing Body No

12 Page 12 Reference was made to the Report to the Governing Body No , accepted by the Governing Body on December 5, 1996, with the required public hearing scheduled for March 10, As directed in the report, "should the dangerous and unsafe condition be abated prior to March 10, 1997, the related insurance funds held by the City should be returned in a timely manner and the Governing Body copied with a memo pursuant to closure of this action." On November 11, 1996, the owner obtained Permit No for partial demolition of the fire-damaged structure with only the foundation remaining, and the site was secured with temporary construction fencing. The property has been sold, and the new owner has obtained Permit No for the reconstruction of a single-family dwelling. The dangerous and unsafe condition has been abated, and the continued progress of the reconstruction will be monitored. As explained by Mr. Lindeblad, actions have been initiated to facilitate the release of the insurance funds, as written in Overland Park Municipal Code (b). The City's public officer recommended the unsafe action relevant to 8918 West 132nd Terrace be closed. A motion was made by Council President Owens to approve the recommendation by staff that the unsafe action relevant to 8918 West 132nd Terrace be closed, as indicated in the Report to the Governing Body No Mr. Carl Gerlach seconded, and the motion passed by a 10 to 0 vote. SATISFACTION OF MORTGAGE West 80th Street. (The two housing rehabilitation loans provided to the subject property by the City have been satisfied with a payment of $2,416.) According to the file, Ms. Wendy Neutzler, property owner, received two loans under the City's Housing Rehabilitation Program. Since the loans were recorded separately, staff completed a separate Satisfaction of Mortgage for each loan. He concluded that the City received a check for $2,416 to satisfy both loans. Staff recommended that the City Clerk be authorized to execute the Satisfactions of Mortgage on the subject property. Mrs. Erickson moved to approve the authorization of the City Clerk to execute the two Satisfactions of Mortgage on the property at 7701 West 80th Street, with a payment of $2,416. Mr. Sader seconded, and the motion passed by a 10 to 0 vote. FULL AND MUTUAL RELEASE OF ALL CLAIMS - Larry Young and Debra Young, versus City of Overland Park, Woodson.

13 Page 13 FULL AND MUTUAL RELEASE OF ALL CLAIMS - Timothy W. Hickok and Lisa R. Hickok, versus City of Overland Park, Woodson. City Attorney Bob Watson submitted the preceding documents and requested approval by the Council. Council President Owens moved for the approval of the Full and Mutual Release of All Claims, which had been signed and approved by Larry and Debra Young, Woodson, and Timothy W. Hickok and Lisa R. Hickok, Woodson. Mr. Loudon seconded, and the motion passed by a vote of 9 to 0 to 1. Mr. Musil abstained. PUBLIC SAFETY COMMITTEE REPORT - Mrs. Georgia Erickson, Chairwoman No report. STAFF REPORT: No report. CONSENT AGENDA OF PLANNING COMMISSION RECOMMENDATIONS: PLANNING COMMISSION CONSENT ITEMS: REVISED PRELIMINARY PLAN APPROVAL - Southcreek Office Park. Vicinity of the southwest corner of 129th Street and Metcalf. Dean Development Inc., applicant. Kaster Architects, architect. CP-0 zoning granted under Rezoning No The Planning Commission approved this item on January 13, 1997, by a vote of 9 to 0. PLAT NO FINAL - Lexington Park, 4th Plat. Vicinity of 123rd Street and Craig. Payne & Brockway, P.A. applicant. Lexington Partners, owner. The Planning Commission approved this item on January 13, 1997, by a vote of 9 to 0. SPECIAL USE PERMIT NO West 82nd Street. Mr. Fred Gabler, applicant, is requesting a special use permit for a five-year period of time to allow the storage of nursery materials. This property is currently zoned R-1, Single-Family Residential District. The Planning Commission approved this item on January 13, 1997, by a vote of 9 to 0. Ordinance No. Z SPECIAL USE PERMIT NO Metcalf. Mr. Jagdish Kapur, applicant, is requesting a special use permit for a five-year period of time to allow a drinking establishment. This property is currently zoned CP-1, Planned Restricted Business District. The Planning Commission approved this item on January 13, 1997, by a vote of 9 to 0. Ordinance No. Z-2496.

14 Page 14 SPECIAL USE PERMIT NO Vicinity of southeast corner of 110th Street and Nall Avenue. Homestead Village Inc., c/o Dan Brown, applicant, is requesting a special use permit for an indefinite period of time to allow the development of an extended stay hotel. This property is currently zoned CP-0, Planned Office Building District. The Planning Commission approved this item on January 13, 1997, by a vote of 9 to 0. Ordinance No. Z STREET VACATION - Vacation of 86th Terrace between Walmer and Lamar. City of Overland Park - Park Maintenance Division, applicant. The Planning Commission approved this item on January 13, 1997, by a vote of 9 to 0. Ordinance No. VAC STREET VACATION - Vacation of 81st Street between Robinson and Lowell. Ron Bodinson, applicant. Unified School District No. 512, owner. The Planning Commission approved this item on January 13, 1997, by a vote of 9 to 0. Ordinance No. VAC According to Mr. Lindeblad, the applicant requested that Final Plat No for Lexington Park, 4th Plat, vicinity of 123rd Street and Craig, as listed above, be continued to the City Council meeting of February 10, Council President Owens moved to continue Final Plat No , Lexington Park, 4th Plat, vicinity of 123rd Street and Craig, to the February 10, 1997, City Council meeting. A second was made by Dr. Lehnertz, and the motion carried by a 10 to 0 vote. With the exception of Final Plat No , which was continued, Council President Owens moved to approve the preceding Planning Commission Consent Agenda items. Mr. Gerlach seconded. Mayor Eilert invited comments from the public in regard to the referenced consent items. There being none, he closed the hearing. The motion carried with a roll-call vote of 10 to 0. REGULAR AGENDA OF PLANNING COMMISSION RECOMMENDATIONS: SPECIAL EVENT PERMIT NO Frontage. Mr. Lee Harris, applicant, is requesting a special event permit to hold a tent sale at Wal-Mart from through This property is currently zoned CP-2, Planned General Business District. Mr. Lindeblad said the applicant requested approval of a special event permit to allow an outdoor event sale in the parking lot of Wal-Mart, 7701 Frontage Road. The outdoor sale would be held from March 1 to May 31, 1997 (approximately 90 days). A 40-foot by 50-foot tent is proposed for the protection of items from the elements, as well as for security reasons. The merchandise to

15 Page 15 be displayed within the tent will be grills, patio sets, camping tents, and accessories. The location of the outdoor sale would be south of the existing Lawn and Garden Center. Staff expressed concern regarding the location because the main access drive to the Wal-Mart store is directly between the proposed outdoor sales area and the existing garden center. Thus, shoppers would be required to cross this main access drive to attend the outdoor sales area, and staff believed this could result in vehicular and pedestrian conflicts. As written in the Unified Development Ordinance (UDO), items are to be appropriately displayed outside the building, shall not occupy an area greater than 20 percent of the ground floor area of the building, and shall not reduce the capacity of a parking lot below the required amount specified in the UDO. Although the size of the display area meets the requirements, Mr. Lindeblad explained that the proposed location would not be appropriate for the reasons, as stated. In addition, the UDO limits special event permits to 10 days, and the request is for 90 days. In this case, staff is of the opinion that no unique circumstances warrant the approval of a special event permit for an extended period of time. Since other businesses within the City are required to comply with the ordinance, staff believed the extended period of time would set an undesirable precedent. Staff recommended denial of Special Event Permit No An opportunity was given the audience to offer comments on this proposal. No one came forward, and Mayor Eilert declared the public hearing closed. As recommended by staff, Mr. Lally moved to deny Special Event Permit No , 7701 Frontage Road. Mr. Loudon seconded, and the motion carried by a 10 to 0 vote. Mrs. Erickson commented that stores of this nature tended to sell merchandise in the parking lot or from trucks three to four times a year. She believed these types of sales could be designed and maintained without interrupting the required parking spaces or violating the ordinance. She requested that staff make a note to review this matter. UTILITY AND DRAINAGE EASEMENT VACATION - Vicinity of 151st Street and Glenwood. Thomas French Builders, Inc., applicant. Ordinance No. VAC The applicant is requesting approval to vacate the east 10 feet of an existing 66-foot wide drainage easement and a 10-foot-wide utility easement to accommodate the construction of the recently approved office building.

16 Page 16 Mr. Lindeblad noted that staff reviewed this application and contacted the utility companies. Approval is recommended with the stipulation that the vacation ordinance shall not be recorded until approval of all utilities is received. No comments were offered in response to the announcement of the public hearing, and it was declared closed. Council President Owens moved to approve Ordinance No. VAC-2020 for a utility and drainage easement vacation, vicinity of 151st Street and Glenwood, with stipulation a, as noted. Mr. Loudon seconded. Mr. Gordon stated that he would abstain from voting on this item because of a conflict of interest. The motion carried by a 9 to 0 to 1 roll-call vote with the abstention of Mr. Gordon. REZONING NO Vicinity of the southwest corner of 127th Street and Metcalf. Mr. Andrew Schlagel, applicant, is requesting CP-0, Planned Office Building District; and CP-2, Planned General Business District, to allow development of an office park and retail center. This property is currently zoned R-1, Single-Family Residential District. The Planning Commission approved this item on December 9, 1996, by a vote of 6 to 3. Ordinance No. Z Mr. Lindeblad said this rezoning item was previously considered by the City Council. He explained that the original recommendation from the Planning Commission was for denial because of the proposed commercial zoning at the corner of 127th Street and Metcalf. The applicant was sent back to the Planning Commission to revise the plan for better integration of the proposed commercial development within the office portion of the development. The Council also requested the Commission review whether the proposal warranted an increase in the office square footage beyond what the Land Use Intensity designated for this property. The final request from the Council was for the Commission to consider the necessary amount of office square footage to be developed prior to the development of commercial square footage. Reference was made by Mr. Lindeblad to the revised application and a summary of the changes to the plan. He said the proposed CP-2 retail portion was changed to CP-1, and the commercial square footage was reduced from 41,000 square feet to 21,000 square feet. He explained that the office development was reduced to comply with the Land Use Intensity requirements. In addition, the revised plan changed the retail configuration, eliminating the gas station on the corner. Mr. Lindeblad noted the three 7,000 square-foot commercial pad sites at the corner. He explained that the applicant attempted to integrate the commercial pad sites into the design of the office park to alleviate the appearance of a shopping center.

17 Page 17 While staff supports the decrease in the office development to meet the Land Use Intensity and the reduction in the commercial development, they believed the commercial development on the corner is not in conformance with the Master Plan. Also, staff believed the proposed commercial could lead to further commercial within this office corridor, and significant commercial development already exists or is zoned along the corridor from 119th Street to 135th along Metcalf to adequately serve this area. Staff would not recommend approval. The Planning Commission considered those revisions on December 9, 1996, and after considerable discussion regarding the changes, the majority of the commissioners believed that a precedent had been set by allowing some limited commercial in office parks. The Commission voted 6 to 3 to recommend approval of the revised plan with stipulations a through t in the Staff Comments. Mr. Andrew Schlagel, planning consultant representing the owners and developers of Deer Creek Commons, said that when he presented this item to the Council in November, the decision to send it back to the Planning Commission was based on three issues submitted by staff. The first issue was for the more appropriate integration of the retail site into the office project. Secondly, the issue was the amount of office space needed to be constructed prior to development of any retail. The third issue related to the meritorious points based on the design. According to Mr. Schlagel, the 55-acre tract remained the same with the major exception of a strip retail center consisting of 41,000 square feet. After much discussion and consideration, a significant commitment was made to address those comments. He said 20,000 square feet of retail was eliminated, and three small building sites of 7,000 square feet were added, which related and integrated more in terms of design into the overall layout of the office park. The day-care center was revised and placed at a different location to make use of the plaza area and to be in closer proximity to some of the retail uses. He commented that the rezoning was CP-1 with a couple of restaurants, an office supply shop, an ice cream store, a bagel store, etc. The balance of the site has basically remained the same, with the only change being two buildings combined into one larger building site. Mr. Schlagel explained there was no longer a need for bonus points, because the size is now 21,000 square feet of CP-1 zoning, Planned Restricted Business District, and 550,000 square feet of CP-0 zoning, Planned Office Building District.

18 Page 18 The second issue to be considered was the construction of office space and the amount of office space developed prior to retail development. Mr. Schlagel referred to one of the Planning Commission's proposed stipulations that at least 50,000 square feet of office space had to be built before any of the retail portion could be built. The office buildings along 129th Street, which would be the first phase, are 38,000 square feet. There-fore, two buildings would be constructed prior to the construction of retail site development. Mr. Schlagel noted that the Planning Commission now is supportive of the revised plan with stipulations a through t. He explained that the Planning Commission recognizes much of the property owner's argument that successful office parks need some related retail services in close proximity. He referred to Corporate Woods, Executive Hills, and the Financial Plaza, which have successfully planned retail components. Mr. Lally recalled that the last time this project was presented, the statement was made that an internal bike/hike trail or a walk path would be an integral part of the office area. He asked whether this idea was still part of the plan. Mr. Schlagel presented a map which showed a 20-foot wide green belt which extends through the center of the project. He explained that a walk path would be constructed with plantings along the path. In certain locations, he said that expanded setbacks would provide an opportunity for park benches. He replied that this was still planned as an integral part of the development. In response to Mr. Lally's question regarding the reason the commercial center would not be located closer to the center of the area, Mr. Schlagel said they had reviewed the possibility. He referred to the centralized placement of the walk path within Deer Creek to the south, and he said it had not been very successful. A review was made of Corporate Woods and The Financial Plaza, which have walk paths near the exterior of the location, and that seemed to function better. After confirming that no one wished to speak for or against this item, Mayor Eilert declared the public hearing closed. Since there will be multiple phases of development, Mr. Sader asked whether the property owner anticipated, at some point, the development of rezoning to retail in some areas specified for office development. Mr. Schlagel confirmed that the property owner had no intention of changing the rezoning to retail. He explained that there was no way that the developer could compete with the 119th Street corridor or 135th Street Corridor in terms of retail attractiveness.

19 Page 19 Dr. Halligan questioned whether 50,000 square feet of office would be a sufficient amount as a precondition for the commercial development. Mr. Lindeblad commented that it was possible that the applicant could return and ask for more commercial along Metcalf, if the two office buildings were located further back from Metcalf. However, it would be submitted as a new application and would require review by the Council. Sr. Assistant City Attorney Bart Budetti believed there would be no precedent set for granting further commercial development. Responding to Dr. Halligan's inquiry regarding the signage for commercial, Mr. Lindeblad said the signage for CP-1 is half the size of the signage for CP-2 zoning. Thus, by changing to CP-1 zoning, the signage would be the same as used for office buildings. A motion was made by Mrs. Erickson for the approval of Ordinance No. Z-2437 (Rezoning No. 96-2), vicinity of the southwest corner of 127th Street and Metcalf, with stipulations a through t, for rezoning of property from R-1, Single-Family Residential District, to CP-0, Planned Office Building District, and CP-2, Planned General Business District, to allow development of an office park and retail center. Council President Owens seconded, and the motion carried by a vote of 10 to 0. Mrs. Erickson stated that this item was a good example of people who have owned a piece of land for a long time, and thus, could have built retail on this land when it was Master Planned for retail. However, because the zoning has been changed, the property owners were willing to accommodate the City's plan, accommodate the neighbors, and to be sensitive to the needs of the community. She believed this had been a good compromise. Council President Owens requested that a sincere effort be made to use the green space to create a nice walk path, and not only a sidewalk. Mr. Schlagel appreciated the comments and indicated that the property owners had been constant in the same type of belief and commitment toward making this an attractive walk path area, not just a sidewalk and parking lot. Although the applicant demonstrated a sincere desire to present an acceptable plan and he commended him for his efforts, Mr. Gordon believed additional retail was not necessary within this corridor. He added that this area had been the subject of significant concern by the residents, and therefore, he could not support the motion. The motion carried by a 7 to 3 roll-call vote. Mr. Gordon, Mr. Lally, and Dr. Lehnertz opposed.

20 Page 20 OLD BUSINESS: MOTION - To rescind the action of the Council at the regular Council meeting on June 1, 1987, approving Rezoning No (Continued from the January 13, 1997, Council meeting.) REZONING NO Vicinity of the northwest corner of 151st Street and Antioch Road. Mr. John Irwig, owner, is requesting CP-2, Planned General Business District; R-1, Single-Family Residential District; and R-2, Two-Family Residential District, to develop a single-family and duplex subdivision and a retail center. The property is currently zoned CP-2J, Planned General

21 Page 21 Business District; and R-1BJ, Single Family Residential District. The Planning Commission approved this item on May 26, 1987, by a vote of 6 to 1. Ordinance No. Z Mrs. Erickson moved to rescind the action of the Council at the regular City Council meeting on June 1, 1987, approving Rezoning No , vicinity of the northwest corner of 151st Street and Antioch Road. Mr. Sader seconded. In response to Mr. Loudon's inquiry regarding the status of the development, Mr. Lindeblad said the applicant had worked closely with the plans examiners to meet the requirements, so he would be obtaining a building permit shortly. He added that the Planning Commission approved final development plans for two pad sites at this location. The motion passed by a 10 to 0 vote. NEW BUSINESS: At 9 p.m., Council President Owens moved to adjourn into executive session for a period of 30 minutes for the purpose of discussing a matter concerning attorney-client privilege. A second was made by Mr. Sader, and the motion carried by a vote of 10 to 0. The Council reconvened at 9:30 p.m. ADJOURNMENT: With no further discussion, the meeting adjourned at 9:30 p.m. Minutes transcribed by Barbara Potts. Ed Eilert, Mayor ATTEST: Norma Moffet, City Clerk