OVERLAND PARK CITY COUNCIL MEETING. October 14, 2013

OVERLAND PARK CITY COUNCIL MEETING October 14, 2013 Mayor Carl R. Gerlach called the Overland Park City Council meeting to order at 7:30 p.m. The following members were present, constituting a quorum: Mr. David White, Council President; Mr. Terry Goodman; Mr. Richard Collins; Mrs. Terry Happer Scheier; Mr. John H. Thompson; Mr. John Skubal; Mr. Dave Janson; Mr. Jim Kite; Mr. Curt Skoog; and Mr. Dan Stock. Mr. Paul Lyons and Mr. Fred Spears were absent (excused). Also present were: Mr. Bill Ebel, City Manager; Mrs. Kristy Stallings, Deputy City Manager; Mr. Mike Santos, City Attorney; Mr. Steve Horner, Senior Assistant City Attorney; Mr. Tony Cosby, Director of Recreation Services; Mr. Greg Ruether, Director of Parks Services; Mr. Simon Happer, Deputy Police Chief; Mr. Bryan Dehner, Fire Chief; Mrs. Vicki Irey, Chief Information Officer; Mr. Doug Brown, Director of Public Works; Mr. Dave Scott, Chief Financial Officer; Mr. Mike Garcia, Chief Human Resource Officer; Mr. Sean Reilly, Communications Manager; Mrs. Tammy Owens, Deputy City Attorney; Mr. Tony Meyers, Engineering Services Manager; Mrs. Leslie Karr, Current Planning Manager; Mr. Doug Johnson, GIS and Support Services Manager; Ms. Sarah Patterson, City Forester; Mr. Lloyd Nichols, Senior Help Desk Support Specialist; and Ms. Pamela Blaszyk, Recording Secretary. Approximately 75 people were in the audience. PLEDGE OF ALLEGIANCE Mayor Carl R. Gerlach led the audience in the Pledge of Allegiance. Mayor Gerlach recognized a Boy Scout from Troop No. 265 sponsored by Holy Spirit Catholic Church and a Government Class student from Rockhurst High School. MAYOR CARL R. GERLACH PROCLAMATION - Proclaiming the month of October 2013 as Fire Prevention Month in Overland Park. Fire Chief Bryan Dehner invited Fire Marshall Mark Sweeney, Public Education Specialist Tricia Roberts, and Training Chief Gary Wilson to come forward. Mayor Gerlach proceeded to read the proclamation, which indicated that the City is committed to ensuring the safety of all those who are living in and visiting our City. Fire departments respond to more than 370,000 home fires yearly, and cooking is the leading cause of home fires. The theme of Fire Prevention Month in 2013 was to "Prevent Kitchen Fires." Mayor Gerlach proclaimed October 2013 as Fire Prevention Month in Overland Park. Fire Marshall Mark Sweeney indicated that they take fire prevention seriously in the City. The National Fire Protection Association (NFPA) safety pledge for this year was "Preventing Kitchen Fires." The Overland Park Fire Department just received a grant

Page 2 for some stove top fire stops that they plan to give out to target areas in the City in an attempt to prevent kitchen fires. PRESENTATION OF AWARDS FROM THE LEGACY OF GREENERY COMMITTEE FOR 2013 LANDSCAPE EXCELLENCE: Mr. Ken Myers, chair, Legacy of Greenery Committee, indicated that their motto is to promote the value of landscaping. For 25 years, this Committee has recognized commercial businesses, public institutions and churches throughout Overland Park to acknowledge their continued landscape excellence. Each year, this Committee accepts nominations and reviews each one based on initial design, continued maintenance and preservation of existing landscapes. The business community, commercial developments, and schools impact the City's green space on a large scale. The Committee feels that it is important to recognize the efforts that have made landscaping a high priority for the long-term benefit and beautification of Overland Park. Mr. Myers recognized some members of the Legacy of Greenery Committee including Bob Dalton, Terry Happer Scheier, Janie Thacker, and Linda Patterson. Mr. Myers also recognized the help City Forester Sarah Patterson provides to the Committee. Ms. Patterson then proceeded to describe the landscaping that had been provided by each of the following award recipients. Cherokee South - 8771 W. 95th Street Mr. Scott Lipovac, leasing representative, Tri-Land Properties, was present to accept the award on behalf of Cherokee South, 8771 W. 95th Street. Compass Corporate I - 11225 College Boulevard Mr. Jeff Harvey, asset manager, Stone Creek Properties, and Mr. Chris McIntyre, executive vice president, Merrill Companies, were present to accept the award on behalf of Compass Corporate I. Edwin Watts Golf - 6824 W. 119th Street No one was available to accept the award. Kansas University Cancer Center - 12200 W. 110th Street. Ms. Carol Holt, practice manager, and Ms. Lisa Serig, director of operations, were present to accept the award on behalf of the Kansas University Cancer Center. PRESENTATION OF AWARD FROM THE LEGACY OF GREENERY COMMITTEE FOR 2013 CONTINUED LANDSCAPE EXCELLENCE Mr. Myers added that the Legacy of Greenery Committee also provides an award for continued landscape excellence, recognizing past recipients that have received an award eight or more years ago. Ms. Patterson also described the landscaping at this location. Overland Park Place - 6555 W. 75th Street.

Page 3 Ms. Madeleine Klusman, executive director, Ms. Beverly Kelly, marketing director, and Mr. Virg Bruegger, resident, were present to accept the award on behalf of Overland Park Place. NEW APPOINTMENT TO THE DOWNTOWN BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD: Jennifer Marquette - Term 11-01-13 to 11-01-15. Council President David White moved to approve the new appointment of Jennifer Marquette to the Downtown Business Improvement District Advisory Board for the referenced term. The motion was seconded by Mrs. Terry Happer Scheier and carried with a vote of 10 to 0. Mayor Gerlach recognized Mr. Dave Janson for ten years of service as a City Councilmember. Mayor Gerlach also recognized Police Chief John Douglass for 40 years of service to the City of Overland Park. COUNCIL PRESIDENT DAVID W. WHITE REPORT FROM COMMITTEE-OF-THE-WHOLE MEETING HELD MONDAY, OCTOBER 14, 2013. Council President White stated that the Committee of the Whole met prior to this meeting and reported that any remaining legal issues relating to the Google Fiber, L.L.C., Network Cooperation and Services Agreement have been resolved, and the Agreement is ready for approval. CITY MANAGER BILL EBEL City Manager Bill Ebel wanted to recognize the City employees who were instrumental in working on the promotion of the one-eighth of one percent sales tax, which was approved last week by a strong majority of the City's electorate. Staff who helped with this effort included Deputy City Manager Kristy Stallings, Communications Manager Sean Reilly, City Manager Intern Chelsey Gordon, Director of Public Works Doug Brown, Assistant City Engineer Larry Blankenship, City Attorney Mike Santos, Deputy City Attorney Tammy Owens, Software Architect Teri Stewart, Applications and Development Manager Bryan Dickerson, and Fire Department Media Manager Jason Rhodes. In addition, Mr. Ebel recognized individuals from the Overland Park Chamber of Commerce who assisted with this effort including Ms. Tracey Osborne, president; Ms. Jennifer Bruning, vice president of government affairs; and Ms. Beth Johnson, senior vice president of economic development. NETWORK COOPERATION AND SERVICES AGREEMENT - Google Fiber, L.L.C. (Continued from the September 16, 2013, Council meeting). Mr. Ebel added that staff was recommending approval of the Network Cooperation and Services Agreement with Google Fiber, L.L.C.

Page 4 Mayor Gerlach clarified that Overland Park's agreement is similar to the agreement with Lenexa. Mr. Todd LaSala indicated that other than changing the name, the agreement is the same. Mr. Chase Simmons, attorney for the applicant, Polsinelli Shughart, 6201 College Boulevard, indicated that on behalf of Google, he has been asked to request an indefinite continuance of this matter. He understood that the Google representatives are continuing to meet with staff. Mr. Terry Goodman indicated that before they vote on the continuance, he would like to make a motion. Mr. Goodman moved to authorize the Mayor to execute a resolution of the Council (Resolution No. 4031), indicating their support of Google Fiber, L.L.C., in Overland Park and that they are anxious to have Google Fiber in their community and they look forward, when Google is ready, to signing the Agreement. Mr. Dan Stock seconded the motion, which carried in a vote of 9 to 0 to 1, with Mr. Jim Kite abstaining. Council President White moved to approve the continuation of the consideration of the Network Cooperation and Services Agreement with Google Fiber, L.L.C., to a date in the future. The motion was seconded by Mr. Janson. Mayor Gerlach clarified that Mr. Kite had a conflict of interest, which required him to abstain from the vote. The motion carried with a vote of 9 to 0 to 1, with Mr. Kite abstaining. CONSENT AGENDA FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT COMMITTEE ITEMS: APPROVAL OF INVESTMENT AND CASH MANAGEMENT POLICY - To address minor administrative changes to the City's Investment and Cash Management Policy, providing a longer duration for investment maturities to provide for great opportunities for a higher yield on City investments. 2014 GROUP HEALTH INSURANCE PLAN - Acceptance of the plan design and health plan premium rate structure with United Health Care for the 2014 plan year. 2014 GROUP DENTAL INSURANCE PLAN - Authorization to renew an agreement with Metropolitan Life Insurance Company and acceptance of a premium rate structure for the 2014 plan year. ORDINANCE NO. CM-2989 - Relating to City Manager authority to enter into contracts, execute contracts, and approve change orders. ORDINANCE NO. MC-2990 - Relating to advertisements for bids for the purchases of supplies, equipment and services which exceed the sum of $30,000.

Page 5 RESOLUTION NO. 3982 - Setting forth policies and procedures for the selection of professional consulting services within the scope of the practice of architecture, engineering, land surveying, appraisal and acquisition. RESOLUTION NO. 4027 - Setting forth policies and procedures for the selection of professional consulting services within the scope of the practice of finance, planning and management. STAFF ITEMS: COUNCIL MINUTES - August 19, 2013. EXPENDITURE ORDINANCE NO. 9A - Outlining the expenditures from the General Operating Fund for August 28 through September 10, 2013. EXPENDITURE ORDINANCE NO. 9B - Outlining the expenditures from the General Operating Fund for September 11 through September 24, 2013. ACCOUNTS PAYABLE AUTOMATION EXPENDITURE ORDINANCE NO. 9A - Outlining the expenditures from the General Operating Fund for August 28 through September 10, 2013. CAPITAL PROJECTS EXPENDITURE ORDINANCE NO. 9C - Outlining the expenditures from the Capital Projects Fund for September 12 through September 18, 2013. CAPITAL PROJECTS EXPENDITURE ORDINANCE NO. 9D - Outlining the expenditures from the Capital Projects Fund for September 19 through September 25, 2013. CAPITAL PROJECTS EXPENDITURE ORDINANCE NO. 10A - Outlining the expenditures from the Capital Projects Fund for September 26 through October 2, 2013. CAPITAL PROJECTS EXPENDITURE ORDINANCE NO. 10B - Outlining the expenditures from the Capital Projects Fund for October 3 through October 9, 2013. PUBLIC SAFETY COMMITTEE ITEMS: ADDENDUM TO AGREEMENT FOR USE OF INTERGRAPH PUBLIC SAFETY SOFTWARE - For records management, police dispatch, and investigative case management to recover costs associated with hardware and personnel costs related to the operation of the Intergraph system. Cities of Leawood, Shawnee, Merriam, Olathe, Prairie Village, and Roeland Park; Board of Commissioners of Johnson County; and Johnson County Park and Recreation District.

Page 6 AGREEMENT - Great Plains Society for the Prevention of Cruelty to Animals for animal services for the impoundment and disposition of animals running at large in the City of Overland Park. ORDINANCE NO. POC-3016 - Regarding intoxicating liquor, the types of drinks and locations available at the Arboretum and Deanna Rose Farmstead, and to allow the selling, service and consumption of intoxicating liquor at the Clock Tower and Farmer's Market area in downtown Overland Park. REQUEST USE OF FORFEITURE FUNDS - For the purchase of dive and fast water rescue team equipment in an amount not to exceed $55,000. REQUEST USE OF FORFEITURE FUNDS - For the purchase of twenty-six rifle tactical lights and mounts in an amount not to exceed $3,500. COMMUNITY DEVELOPMENT COMMITTEE ITEMS: RESOLUTION NO. 4030 - Approving the 2013 Annual Progress Report on Repetitive Loss Area Analysis regarding repetitive flood losses on an annual basis under Activity 512.b of the 2013 Community Rating System Coordinator's Manual. AUTHORIZATION TO ISSUE REQUEST FOR PROPOSALS - For design and installation of a replacement playground structure at South Lake Park. PUBLIC WORKS COMMITTEE ITEMS: DENIAL OF SIDEWALK VARIANCE REQUEST - Related to sidewalk construction at 10112 W. 163rd Street. 2014 MAINTENANCE PROGRAMS - Approval of expenditures for the 2014 street maintenance, traffic maintenance and storm water maintenance programs. WAIVE BID PROCESS AND AUTHORIZATION TO PURCHASE - Murphy Tractor and Equipment Company, using the Missouri Department of Transportation contract, for the purchase of a 2013 Model Year John Deere 444K wheel loader in the amount of $119,718, using the Contingency Fund. (Funds will subsequently be removed from the 2014 Equipment Replacement Program). AGREEMENT - Toole Design Group for the Safe Bicycle Use Outreach Project, using funding received from Mid-America Regional Council for costs up to $100,000, and Traffic Services Division budgeted funds in an approximate amount of $25,000, for a total cost of $124,692.58. AGREEMENT - City of Olathe for the operation and maintenance of shared streetlight systems.

Page 7 Council President White moved to approve the Consent Agenda. The motion was seconded by Mr. Stock and carried with a roll-call vote of 10 to 0. REGULAR AGENDA FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT COMMITTEE REPORT: Terry Goodman, Chair No report. STAFF REPORT: BID TABULATION - Tomahawk Ridge Community Center Gymnasium Walls Masonry Restoration. Chief Information Technology Officer Vicki Irey indicated that staff was recommending acceptance of the low bid from MTS Contracting, Inc., in the amount of $52,500 for the Tomahawk Ridge Community Center Gymnasium Walls Masonry Restoration. Mr. Goodman moved to accept the low bid from MTS Contracting, Inc., for the Tomahawk Ridge Community Center Gymnasium Walls Masonry Restoration as recommended by staff. The motion was seconded by Mr. White and carried with a vote of 10 to 0. PUBLIC SAFETY COMMITTEE REPORT: Dave Janson, Chair No report. STAFF REPORT: REVOCATION HEARING FOR PRECIOUS METAL DEALER LICENSE - Kansas Gold and Silver Buyers, L.L.C., d/b/a Goldwiser, 7417B Metcalf, for violation of Overland Park Municipal Code Chapter 5.52.080 C (Continued from the September 16, 2013, Council meeting). City Attorney Mike Santos stated that this item was withdrawn, since the license had been voluntarily relinquished. COMMUNITY DEVELOPMENT COMMITTEE REPORT: Terry Happer Scheier No report. STAFF REPORT: No report.

Page 8 PUBLIC WORKS COMMITTEE REPORT: Fred Spears, Chair No report. STAFF REPORT: BID TABULATION - 151st Street and England Traffic Signal. Director of Public Works Doug Brown indicated that the staff recommendation was to accept the low bid from Capital Electric Line Builders, Inc., for the installation of the 151st Street and England Traffic Signal in the amount of $251,098.57. Mr. Stock asked what was the approximate installation date of the traffic signal. Mr. Brown replied that the contractor will have to order the poles, which usually takes 8 to 12 weeks. Construction can begin in the winter. It should be operational by the early spring. Mr. John Skubal moved to accept the low bid from Capital Electric Line Builders, Inc., for the installation of the 151st Street and England traffic signal as recommended by staff. The motion was seconded by Mrs. Happer Scheier and carried with a vote of 10 to 0. SUPPLEMENTAL AGREEMENT NO. 2 - Orrick and Erskine, L.L.P., for services related to the Monitor Square Storm Drainage Improvements, 101st Terrace and Roe to 103rd Street and Rosewood, in the additional amount of $4,573.60. Mr. Brown noted that staff was recommending approval of Supplemental Agreement No. 2 with Orrick and Erskine, L.L.P., for services related to the Monitor Square Storm Drainage Improvements, 101st Terrace and Roe to 103rd Street and Rosewood, in the additional amount of $4,573.60. Mr. Skubal moved to approve Supplemental Agreement No. 2 with Orrick and Erskine, L.L.P., as recommended by staff. The motion was seconded by Mrs. Happer Scheier and carried with a unanimous vote. CHANGE ORDER NO. 2 - Total Electric Contractors, Inc., for additional services related to the 2012 Traffic Maintenance Program, in the amount of $3,273. Mr. Brown added that the staff recommendation was for approval of Change Order No. 2 with Total Electric Contractors, Inc., for additional services related to the 2012 Traffic Maintenance Program, in the amount of $3,273. Mr. Skubal moved to approve Change Order No. 2 with Total Electric Contractors, Inc., as recommended by staff. The motion was seconded by Mrs. Happer Scheier and carried with a vote of 10 to 0. RECOMMENDATIONS FROM THE PLANNING COMMISSION PLANNING COMMISSION CONSENT AGENDA:

Page 9 SPECIAL EVENT PERMIT NO. 2013-534 - 9401 Metcalf - A special event permit is requested to display a banner on a building from November 29 through December 16, 2013. Application made by Jerry Corzine, representing K Mart. SPECIAL EVENT PERMIT NO. 2013-552 - 6800 West 95th Street. A special event permit is requested to allow a recycling event on October 26, 2013. Application made by the City of Overland Park. SPECIAL EVENT PERMIT NO. 2013-555 - 9495 West 75th Street. A special event permit is requested to display two banners on a building from November 10, 2013, through January 1, 2014. Application made by JC 5 Star, representing JC Penney Outlet. ACCEPTANCE OF RIGHT-OF-WAY - FINAL PLAT NO. 2013-31 - Wilshire by the Lake Third Plat, vicinity of the northeast corner of 159th Street and Quivira. Application made by Phelps Engineering, Inc. The Planning Commission approved this item on September 9, 2013, by a vote of 9 to 0. ACCEPTANCE OF RIGHT-OF-WAY - FINAL PLAT NO. 2013-37 - Wyngate Sixth Plat, vicinity of 164th Street and Switzer. Application made by Phelps Engineering, Inc. The Planning Commission approved this item on September 9, 2013, by a vote of 9 to 0. ACCEPTANCE OF RIGHT-OF-WAY - FINAL PLAT NO. 2013-38 - 75th Street Starbucks, 10201 West 75th Street. Application made by Shafer, Kline and Warren, Inc. The Planning Commission approved this item on September 9, 2013, by a vote of 9 to 0. REVISED PRELIMINARY PLAN APPROVAL - The Manor Homes at Prairie Trace, vicinity of the southwest corner of 137th Street and Riley. Application made by Polsinelli Shughart PC. The Planning Commission approved this item on September 9, 2013, by a vote of 9 to 0. REVISED PRELIMINARY PLAN APPROVAL - 135th Street Business Park, vicinity of the northwest corner of 135th Street and Grandview. Application made by All Around Child. The Planning Commission approved this item on September 9, 2013, by a vote of 9 to 0. REVISED PRELIMINARY PLAN APPROVAL - Prairiefire, vicinity of the southwest corner of 135th Street and Nall. Application made by Polsinelli Shughart PC. The Planning Commission approved this item on September 9, 2013, by a vote of 8 to 0 to 1. SPECIAL USE PERMIT NO. 2013-9 - Vicinity of the southeast corner of 159th Street and Metcalf. A special use permit is requested for an indefinite period of time to allow a lift station. This property is currently zoned CP-2, Planned General Business District. Application made by Johnson County Wastewater. The Planning Commission approved this item on September 9, 2013, for an indefinite period of time by a vote of 9 to 0. Ordinance No. Z-3611.

Page 10 SPECIAL USE PERMIT NO. 2013-26 - 12300 Metcalf. A special use permit is requested for an indefinite period of time to allow an imaging trailer. This property is currently zoned CP-O, Planned Office Building District, and SUP, Special Use Permit. Application made by ACI Boland, Inc. The Planning Commission approved this item on September 9, 2013, for a five-year period of time by a vote of 8 to 0 to 1. Ordinance No. Z-3608. SPECIAL USE PERMIT NO. 2013-29 - 8905 Lenexa Drive. A special use permit is requested for a three-year period of time to allow the renewal of a billboard. This property is currently zoned M-1, Industrial Park District. Application made by Waitt Outdoor. The Planning Commission approved this item on September 9, 2013, for a three-year period of time by a vote of 9 to 0. Ordinance No. Z-3609. SPECIAL USE PERMIT NO. 2013-30 - 9220 Foster. A special use permit is requested for a two-year period of time to allow a temporary commercial use in a residential area. This property is currently zoned R-3, Garden Apartment District, and SUP, Special Use Permit. Application made by NFI Management. The Planning Commission approved this item on September 9, 2013, for a twoyear period of time by a vote of 9 to 0. Ordinance No. Z-3612. SPECIAL USE PERMIT NO. 2013-31 - 7800 Shawnee Mission Parkway. A special use permit is requested for a five-year period of time to allow the renewal of a drinking establishment. This property is currently zoned CP-2, Planned General Business District. Application made by Susana Kwon. The Planning Commission approved this item on September 9, 2013, for a five-year period of time by a vote of 9 to 0. Ordinance No. Z-3613. REZONING NO. 2013-5 - Vicinity of the southwest corner of 135th Street and Riley. Rezoning is requested from CP-2, Planned General Business District, and RP-5, Planned Apartment House District, to CP-2, Planned General Business District, to allow a commercial development. Application made by Polsinelli Shughart PC. The Planning Commission approved this item on September 9, 2013, by a vote of 9 to 0. Ordinance No. Z-3607. REZONING NO. 2013-6 - 6535 West 151st Street. Rezoning is requested from MXD, Planned Mixed Use District, to R-1, Single-Family Residential District, to return the property to residential use. Application made by Wahid Qandil. The Planning Commission approved this item on September 9, 2013, by a vote of 9 to 0. Ordinance No. Z-3610. Mr. John H. Thompson asked that the Revised Preliminary Plan for Prairiefire be removed from the Consent Agenda for further discussion. Mayor Gerlach provided an opportunity for members of the audience to address the Council regarding Special Use Permit Nos. 2013-9, 2013-26, 2013-29, 2013-30 and 2013-31, and Rezoning Nos. 2013-5 and 2013-6. There was no response, and the hearing was closed. Council President White moved to approve the Consent Agenda items with the exception of the Revised Preliminary Plan for Prairiefire. The motion was seconded by Mrs. Happer Scheier and carried with a roll-call vote of 10 to 0.

Page 11 With regard to the Revised Preliminary Plan for Prairiefire, vicinity of the southwest corner of 135th Street and Nall, Mr. Thompson asked staff to provide some background as to why this item was on the agenda. Current Planning Manager Leslie Karr replied that their ordinances establish parameters for what constitutes a significant change once a preliminary plan has been approved. In this case, the location of the apartment buildings in the southwest corner of the project changed more than 5 percent from the setback that had been previously approved. The reduction resulted in the building being 6 feet closer to 137th Street and 6 feet closer to Lamar, which was enough to be considered a substantial change that would require a public hearing. The height of the previous plan was four stories. The proposed plan is also four stories. There was one large building with underground parking. Now five buildings are proposed. The total number of apartment units was reduced from 240 units to 126 units. There is also the villas component of the project, which is to the south side of 137th Street. That portion of the project has been changed from the previously approved 23 units to the proposed 18 units. They are detached singlefamily homes on 60-foot wide lots. Mr. Thompson understood that Mrs. Karr indicated that the setback for the apartments is now 6 feet closer to 137th Street and to Lamar. Mrs. Karr replied that the project moved 6 feet closer from the previously approved plan, so the setback is now 25 feet from 137th Street and 34 feet from Lamar. Mr. Thompson asked for a visual of the previously approved plan in 2012. Mrs. Karr provided the visual and explained that the main changes from the approved plan are for the villas and the setbacks for the apartments. Mr. Thompson asked why the buildings along 137th Street and Lamar are 6 feet closer to the street, although there are fewer units. Mrs. Karr explained that the applicant may be able to indicate how they reached their conclusions in changing the plan. They are reducing the number of units down to 126. The buildings are more free standing, individual garden apartment units that are more similar to what is on the southeast corner of the project. The approved plan was a more urban style, longer building with underground parking. Mr. Thompson asked if there are any architectural drawings of what was previously approved versus what is being proposed. Mrs. Karr displayed the site plan previously approved to show the difference between the current proposal. Mr. Thompson asked if there is a height differential between the approved plan versus the proposed plan. Mrs. Karr replied that she was not sure. The previous plan was a preliminary concept plan and she was not sure that the final heights had been determined. Mr. Thompson asked what changes are proposed with the revised plan other than the difference with the villas and the apartment complex. Mrs. Karr replied that those are the changes that triggered the public hearing. Mayor Gerlach explained that the public hearing already occurred before the Planning Commission. Mr. Thompson asked if any buffering was added to the proposed plan as a part of the stipulations that were approved by the Planning Commission versus the approved plan. Mrs. Karr replied that at the Planning Commission meeting, a resident expressed concern about the landscaping on the east and west sides of the villas. The developer of that portion of the project met with those neighbors and presented a revised landscape plan for that area. Mr. Thompson asked if the revised landscaping is a part of the stipulations that are being presented with the proposed plan. Mrs. Karr explained that the landscaping is not stipulated, but it is a part of the plan.

Page 12 Mr. Thompson asked what makes it incumbent on the developer to include those landscaping changes. Mrs. Karr replied that the plan is approved, and the first stipulation references the site plans and the elevations. There is not a specific stipulation that regards the landscaping, but because it is shown on the plan, it is a part of the approval. Mr. Thompson clarified that the plan that is approved is a part of the documents and that reflects the landscaping as a part of the plan. Mr. Curt Petersen, attorney for the applicant, Polsinelli Shughart, 6201 College Boulevard, was present to answer questions. Mr. Thompson asked what was the reason for the changes from the approved plan to the proposed plan. Mr. Petersen clarified that the applicant for the villas to the south of 137th Street is separate from the applicant for the apartments at the southwest corner of the project. The market forces demand what sort of product that they build. When the original plan was approved, they recognized that there was no developer identified for the southwest corner apartments. At the time, Mr. Merrill was clear in indicating that they would come back with more specific plans for the apartments when they had a developer. In a sense, what was there was paving a way for a specific plan to be presented at a later date. The market forces combined with a specific developer results in the proposed plan for the apartments. The market forces and the developer who came forward, Mr. Lambie, also resulted in the plan for the villas. Mr. Thompson observed that the proposed plan has fewer villas than the previously approved plan. He asked if the lots are larger. Mr. Petersen replied that the villas took up the same amount of space, and the lots are a little wider. Mr. Thompson understood that some additional landscaping was provided by the developer after the Planning Commission considered this item. Mr. Petersen replied that more landscaping is provided on the triangle to the east of the villas. The master developer will be installing that landscaping, and it is consistent with what was agreed upon in the proposed plan. Mr. Thompson added that several home owners on the other side of the golf course are concerned about diminishing the impact that this development has on their residences. He asked if there is any additional landscaping or buffering that the developer would consider to decrease the impact of this development on surrounding home owners. Mr. Petersen replied that the proposed landscaping is the solution that was reached through communication between the developer and the residents, so he was not in a position to offer anything else. He understood that the concerned parties reached an agreement on that plan. In terms of the plans for the villas, Mr. Thompson understood that a deck was proposed for each side of the villas. He asked if that was accurate. Mrs. Karr replied that each unit may have an outdoor space on the rear. There is nothing on the sides for the one unit. Unit 2 has a rooftop deck proposed. Mr. Thompson asked if the decks are on each end of the villas. Mrs. Karr replied that there could be a private outdoor space on the back of each unit. Mr. Thompson asked if the height of the apartments will change with the proposed plan from the currently approved plan. Mr. Petersen replied that the apartments in the approved plan were approximately 48 feet in height. The proposed buildings are 48 feet or at the most 50 feet in height. He would suggest that the buildings will be the same height. Mr. Thompson asked if they do not require the height to be specified on a four-story building. Mrs. Karr replied that they have specified a height, but she did not know what it was at this point. Mr. Petersen noted that it is basically the same height. The proposed plan has four smaller buildings versus the two large buildings with the approved plan. The length is much less with the proposed buildings and the height is

Page 13 about the same. The developer wanted to make the buildings in scale and consistent with what the other developer is doing on the south and east sides. Mr. Thompson referred to the landscape triangles on each side of the villas. He noticed how the landscaping was proposed within those areas and there is property outside of those areas. He asked if that land is also owned by the developer of the villas. Mr. Petersen replied that today the property where the villas are located and the west triangle is owned by a Merrill entity, Prairiefire Villas, L.L.C. All of that property is under contract to be sold to Mr. Lambie's entity, and he will be developer of the villas property. The triangle on the east side is owned by M.C. Prairiefire, L.L.C., which is another Merrill entity that is charged with certain City documents to install and take care of the court easement area and waters of the United States in that area. That is why that piece of land will stay with the Merrill entity, and the Merrill entity will install the landscaping shown on the proposed plan. Mr. Thompson clarified that additional landscaping was put in that area, because it is Merrill controlled property. Mr. Petersen replied that it was always going to have the street trees. As a result of the discussions with the neighbors, the additional landscaping was added. The landscaping was not the primary issue at this point, so that was the result of the conversation with the neighbor, as indicated on the proposed plan. Mr. Thompson clarified that the property below the villas is owned by the golf course. He asked if there is any concern with the proximity of the villas to the golf course in terms of closeness and safety. Mr. Petersen replied that the distance from the golf course is typical when they look at other residential areas in the City that are adjacent to a golf course. Mr. Stock noted that the applicant mentioned that these buildings are much smaller than the previous buildings in length. He was particularly interested in building No. 7. Mr. Petersen replied that buildings 6, 7 and 8 are approximately 165 feet in length. On the ends of the buildings there is a 6-foot bump out where they keep fire apparatus. Building No. 5 is about 226 feet long, which is about the same length as the apartment buildings on the south east side. Mr. Stock noted that the applicant was indicating that the proposed buildings are not as massive. He asked what is the great reduction in size. Mr. Petersen replied that the two buildings on the approved plan had 114 more units than the number of units with the proposed plan. Those buildings look bigger because they have more units as compared to the number of units in the proposed four buildings. That explains why they made the statement that the four buildings would seem smaller than the previous two buildings. Mr. Stock clarified that what used to be two buildings are now four buildings. Mr. Petersen added that the four buildings are shorter in length and they are less dense. The two previous buildings on the approved plan had 240 units, and the four buildings on the proposed plan have 126 units. Mrs. Karr added that the way this is drawn, it looks as though there may have been a pass through on the buildings. There may have been a first floor drive with buildings above it, and the length of the building from one end to the other was 550 feet. Mr. Goodman recalled that when Mr. Hix was still a Councilmember, he was concerned about the length of the buildings as proposed and a part of his concern was that although they were separate buildings with a drive in the middle with some buildings above, it would appear to the casual observer that it was one long 550-foot building. Mr. Goodman saw the substantial change in this case as being good since it broke up the length of those two buildings, and he supported the revisions.

Page 14 Mayor Gerlach opened the public hearing. There was no response, and the hearing was closed. Mayor Gerlach noted that one substantial change was because they reduced the units. Mrs. Karr replied that the setback triggered the change. There are a list of several criteria and a substantial change with any one of those criteria would trigger the public hearing. Mr. Goodman moved to approve the Revised Preliminary Plan for Prairiefire with stipulations a through q. The motion was seconded by Mr. Stock and carried with a vote of 10 to 0. PLANNING COMMISSION REGULAR AGENDA UTILITY EASEMENT VACATION NO. 2013-5 - Vicinity of 11203 West 157th Terrace. Application made by Phelps Engineering, Inc. Mrs. Karr stated that staff was asking that this item be continued to the November 4, 2013, Council meeting for proper notification to occur. Council President White moved to continue Utility Easement Vacation No. 2013-5, to the November 4, 2013, Council meeting. The motion was seconded by Mrs. Happer Scheier and carried with a vote of 10 to 0. OLD BUSINESS: No report. NEW BUSINESS: No report. ADJOURNMENT: At 8:35 p.m., Council President White moved to adjourn the meeting. After a second by Mrs. Happer Scheier, the motion carried with a unanimous vote. Minutes transcribed by Pamela Blaszyk. ATTEST: Carl Gerlach, Mayor Marian Cook, City Clerk