OVERLAND PARK CITY COUNCIL MEETING. March 21, 2005

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1 OVERLAND PARK CITY COUNCIL MEETING Mayor Ed Eilert called the Overland Park City Council meeting to order at 7:30 p.m. The following members were present, constituting a quorum: Mr. Thomas C. Tim Owens, Council President; Mr. Neil S. Sader; Mr. Carl R. Gerlach; Mr. George Kandt; Mr. Jim Hix; Ms. Marcia A. Gilliland; Mr. Daniel Carbery; Mr. Fred Spears; Mr. Dave Janson; and Mr. John H. Thompson. Mr. Terry Goodman and Mrs. Terry Happer Scheier were absent (Excused). Also present were: Mr. John M. Nachbar, City Manager; Mr. Bob Watson, City Attorney; Mr. Bob Jones, Director of Human Resources; Mr. James Cox, Director of Parks and Recreation; Mrs. Kristy Stallings, Director of Finance, Budget and Administration; Mr. John Douglass, Police Chief; Mr. Bart Budetti, Senior Assistant City Attorney; Mr. Doug Brown, Public Works Director; Ms. Vicki Irey, Manager, Applications Support and Telecommunications; Mrs. Penny Postoak Ferguson, Deputy Assistant City Manager; Ms. Peggy Sneegas, Administrator, Public Works; Mr. Dennis Meyers, Fire Chief; Mr. Brian Shields, City Traffic Engineer; Mr. Dave Dalecky, Planner; Mr. Brad Munford, Planning Technician; Mrs. Susan Waters, Communication Assistant; and Mrs. Kathleen Imair, Recording Secretary. Approximately 45 people were in the audience. PLEDGE OF ALLEGIANCE Mayor Ed Eilert led the audience in the Pledge of Allegiance. MAYOR ED EILERT Mayor Eilert recognized the following Boy Scout Troops: Troop No. 257, sponsored by Atonement Lutheran Church; Troop No. 457, sponsored by Kansas City Christian School; Troop No. 256, sponsored by Valley View Methodist Church; Troop No. 483, sponsored by Stillwell Baptist Church; and Troop No. 395, sponsored by Cure of Ars. REAPPOINTMENT TO THE BOARD OF TRUSTEES Police Department Retirement Plan: Kathleen Clark Term 4/5/05 to 4/8/08 Mr. Carl Gerlach moved to approve the reappointment, Ms. Kathleen Clark, to the Board of Trustees Police Department Retirement Plan. Ms. Marcia Gilliland seconded the motion, which carried by a vote of 10 to 0. CITY MANAGER JOHN M. NACHBAR City Manager John Nachbar stated that he had concluded his interviews for Public Works Director and appointed Mr. Doug Brown as the new Public Works Director. Mayor Eilert congratulated Mr. Brown on his appointment.

2 Page 2 CONSENT AGENDA PUBLIC SAFETY COMMITTEE ITEMS AGREEMENT Dr. David Hill for primary psychological services to the Overland Park Police Department in an amount not to exceed $55,200. AGREEMENT Dr. Bruce Cappo, Ph.D. of Clinical Associates, P.A., for secondary psychological services assisting with pre-employment psychological evaluations. ORDINANCE NO. PR-2538 Relating to the possession or consumption of alcoholic beverages permitted in public parks. AGREEMENT Kansas City Metropolitan Crime Commission for the Crime Stoppers Program (TIPS Hotline) in the amount of $15,000. AGREEMENT Board of County Commissioners of Johnson County, City of Merriam, City of Olathe, and City of Shawnee for the Edward Byrne Memorial Justice Assistance Grant Program. STAFF ITEMS APPLICATION FOR NEW IN-OFFICE MASSAGE THERAPY LICENSE In Touch Therapeutic Massage, 7335 W. 80th Street, Tiffany Phillips, applicant. PUBLIC WORKS STAFF ITEMS RESOLUTION NO Declaring it necessary to appropriate private property for the use of the City for the improvement of main trafficways I-435, Antioch, U.S. 69 Highway and 103rd Street within the City. ORDINANCE NO. CON-2539 Authorizing and providing for the acquisition of lands or interests therein by condemnation for the improvement of main trafficways I-435, Antioch, U.S. 69 Highway and 103rd Street within the City. FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT STAFF ITEMS COUNCIL MINUTES December 15, 2004, Special Council meeting. CONFIRMATION OF INVESTMENTS U.S. Agency Securities in the amount of $6,899, EXPENDITURE ORDINANCE NO. 3A Outlining the expenditures from the General Operating Fund for February 24 through March 9, 2005.

3 Page 3 CAPITAL PROJECTS EXPENDITURE ORDINANCE NO. 3B Outlining the expenditures from the Capital Projects Funds for March 3 through March 9, CAPITAL PROJECTS EXPENDITURE ORDINANCE NO. 3C Outlining the expenditures from the Capital Projects Funds for March 10 through March 16, APPLICATION FOR RENEWAL OF DRINKING ESTABLISHMENT LICENSE - CW and CH, Inc., d/b/a Andy s Wok, 6357 W. 119th Street, Anne K. Ai, manager. APPLICATION FOR RENEWAL OF DRINKING ESTABLISHMENT LICENSE CONTINGENT ON RECEIVING STATE LICENSE Torreon Restaurant Company, d/b/a Torreon Restaurant Company, 9129 Elmhurst, Denice Ibarra Hamilton, manager. APPLICATION FOR RENEWAL OF CLASS B PRIVATE CLUB LICENSE CONTINGENT ON RECEIVING STATE LICENSE HSLL, Inc., d/b/a Homewood Suites Hotel, Marty, Frances Erb, manager. APPLICATION FOR NEW CEREAL MALT BEVERAGE LICENSE - Mary E. Lara, d/b/a Tienda Casa Paloma, 8220 Metcalf, Mary E. Lara, manager. APPLICATION FOR RENEWAL OF CEREAL MALT BEVERAGE LICENSE Bing Corporation, L.C., d/b/a Nieman 66, 8770 Nieman Road, James M. Buenger, manager. Mayor Eilert presented the Consent Agenda for approval and asked if any items needed to be removed for separate discussion. Mr. Gerlach requested that the Confirmation of Investments item be removed so he could abstain from the vote of that item. Mr. Thomas C. Tim Owens moved to approve the Consent Agenda as presented, excluding the Confirmation of Investments item. Mr. George Kandt seconded the motion, which carried by a roll-call vote of 10 to 0. Mr. Owens moved to approve the Confirmation of Investments. Ms. Gilliland seconded the motion, which carried by a vote of 9 to 0 to 1. Mr. Gerlach abstained. REGULAR AGENDA PUBLIC SAFETY COMMITTEE REPORT Neil S. Sader, Chair No report.

4 Page 4 STAFF REPORT BID TABULATION Blue Valley Public Safety for the purchase of 2004 and 2005 Outdoor Storm Warning Sirens. Police Chief John Douglas presented a bid tabulation from Blue Valley Public Safety for the purchase of outdoor storm warning sirens. Staff recommended the best bid in the amount of $75, for the purchase of four sirens with funds budgeted in the 2004 CIP. Due to the costs and the availability, staff recommended an additional purchase of four sirens at the same price for the 2005 CIP, which will result in a total expenditure of $150, Mr. Owens moved to approve the bid tabulation from Blue Valley Public Safety for the purchase of 2004 and 2005 outdoor storm warning sirens for a total cost of $150, Ms. Gilliland seconded the motion, which carried by a vote of 10 to 0. BID TABULATION Ed Roeher Safety Products Company for the purchase of Safariland Police Duty Belts and Related Accessories in the amount of $59, Chief Douglass presented a bid tabulation for the purchase of Police leather gear and recommended the best and lowest bid from Ed Roeher Safety Products Company of St. Louis, Missouri, in the amount of $59, Mr. Owens moved to approve the bid tabulation from Ed Roeher Safety Products Company for the purchase of Safariland Police duty belts and related accessories in the amount of $59, Mr. Kandt seconded the motion, which carried by a vote of 10 to 0. BID TABULATION Pierce Manufacturing for the purchase of a foot Aerial Fire Truck in the amount of $452,680. Fire Chief Dennis Meyers presented a bid tabulation for a replacement vehicle to replace a foot Aerial Fire Truck. Staff recommended the low bid from Pierce Manufacturing for a foot Aerial Fire Truck in the amount of $452,680. Mayor Eilert asked if any rebate was offered. Chief Meyers stated that the City had received about $18,000 in interest savings from the bid. He noted that the bid was a cooperative bid between Olathe, Lenexa and Overland Park. Mr. Owens moved to approve the bid tabulation from Pierce Manufacturing for the purchase of a foot Aerial Fire Truck in the amount of $452,680. Ms. Gilliland seconded the motion, which carried by a vote of 10 to 0. PUBLIC WORKS COMMITTEE REPORT Jim Hix, Chair No report.

5 Page 5 STAFF REPORT BID TABULATION 2005 Residential Street Program, Part 2 Newton (Johnson Drive to 55th Terrace); 55th Terrace (Lowell to West of Foster); Metcalf (Ramp to West Side U.S. 69 Highway); Riley (Johnson Drive to 58th Street); Marty (Johnson Drive to 58th Street); Floyd (Johnson Drive to 58th Street); 58th Street (Riley to Floyd); North Park Parking Lot. Public Works Director Doug Brown presented a bid tabulation for the 2005 Residential Street Program, Part 2. Staff recommended accepting the low bid from Miles Excavating in the amount of $2,129, Mr. Owens moved to approve the bid tabulation for the 2005 Residential Street Program, Part 2 from Miles Excavating in the amount of $2,129, Mr. Kandt seconded the motion, which carried by a vote of 10 to 0. BID TABULATION Summerfield Drainage Improvements. Mr. Brown presented a bid tabulation for the Summerfield Drainage Improvements project. Staff recommended accepting the low bid from Miles Excavating in the amount of $740, Mr. Owens moved to approve the bid tabulation for the Summerfield Drainage Improvements Program from Miles Excavating in the amount of $740, Mr. Kandt seconded the motion, which carried by a vote of 10 to 0. AGREEMENT HNTB Corporation for engineering services for Nall from 143rd Street to 159th Street in an amount not to exceed $1,194,583. Mr. Brown presented an agreement with HNTB Corporation for engineering services for Nall from 143rd Street to 159th Street. Staff recommended approving this agreement in an amount not to exceed $1,194,583. Mr. Owens moved to approve the agreement with HNTB Corporation for engineering services, as recommended by staff, in an amount not to exceed $1,194,583. Mr. Kandt seconded the motion, which carried by a vote of 10 to 0. FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT COMMITTEE REPORT REPORT FROM FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT COMMITTEE MEETING HELD MARCH 21, Property and Liability Insurance Program Mr. Gerlach explained that the Finance, Administration and Economic Development Committee (FAED) unanimously recommended approval of the Property and Liability Insurance Program with St. Paul Travelers in an amount not to exceed $590,000 at their meeting held. They also recommended that the Law Department

6 Page 6 negotiate a service contract with Glen Giddings and allow staff the authority to negotiate a service contract with Thomas McGee. Mr. Gerlach moved to approve the FAED Committee s recommendation regarding the Property and Liability Insurance Program as outlined. Mr. Jim Hix seconded the motion, which carried by a vote of 10 to 0. Resolution No Declaring the intent of the City to create a Transportation Development District (TDD) including a Special Improvement District therein for the purpose of financing the construction of a transportation related public improvement project in the City. Mr. Gerlach presented Resolution No. 3447, stating that this resolution expresses the City s intent to create a TDD in connection with the planned development of a regional mall at 135th Street and Metcalf. The resolution also provides that prior to the creation of the TDD, the property owner will be required to follow the statutory process to formally create the TDD. The FAED Committee unanimously recommended approval of Resolution No Mayor Eilert asked staff to explain how the TDD would work in the mall situation. Mr. Nachbar explained that additional incremental sales tax is authorized and can only be used for transportation related improvements within the district. Mayor Eilert confirmed that the additional sales tax would only apply to the activity within the proposed mall or retail areas and is not a general tax throughout the City. Mr. Nachbar agreed. Mr. Gerlach moved to approve Resolution No. 3447, as recommended by the FAED Committee. Mr. Hix seconded the motion, which carried by a vote of 10 to 0. Request to Waive Consultant Selection Process Architectural services for the remodel of Antioch Justice Center, Sanders Justice Center and Tomahawk Ridge Community Center (CIP Project PB-0864). Mr. Gerlach presented a request to waive the consultant selection process for architectural services for the remodeling of the Antioch Justice Center, Sanders Justice Center and Tomahawk Ridge Community Center. The FAED Committee unanimously recommended that the selection of professional services outlined in Resolution No be waived and that staff be authorized to conduct interviews, select an architect and negotiate a contract for architectural services for this project. Mr. Gerlach moved to approve the waiver of the consultant selection process for CIP Project PB-0864 as outlined. Mr. Kandt seconded the motion, which carried by a vote of 10 to 0. Ordinance No. EX-2540 Exempting governmental entities from applicability of the excise tax on the act of platting real property in the City. Mr. Gerlach presented Ordinance No. EX-2540, which exempts governmental entities from applicability of the City s excise tax on the act of platting real property in the City and repeals existing Sections Two and Four of Ordinance No. EX Governmental entities include the State of Kansas or any city, county, township, school district or

7 Page 7 other political or taxing subdivision of the state or any agency authority, institution or other instrumentality in the State of Kansas, provided the land that is the subject of the plat is used exclusively for governmental purposes. The FAED Committee unanimously recommended approval of Ordinance No. EX Mr. Gerlach moved to approve Ordinance No. EX-2540, as recommended by the FAED Committee. Mr. Kandt seconded the motion, which carried by a roll-call vote of 10 to 0. STAFF REPORT No report. COMMUNITY DEVELOPMENT COMMITTEE REPORT Marcia A. Gilliland, Vice Chair No report. STAFF REPORT SATISFACTION OF MORTGAGE Switzer. Administrator of Public Works Peggy Sneegas presented a satisfaction of mortgage for 8708 Switzer, which will approve the release of a $979 mortgage loan recorded for a housing rehabilitation loan made in 1986 under the City s Community Development Block Grant Program. Mr. Owens moved to accept and approve the satisfaction of mortgage for 8708 Switzer, as presented by staff. Ms. Gilliland seconded the motion, which carried by a vote of 10 to 0. RECOMMENDATIONS FROM THE PLANNING COMMISSION PLANNING COMMISSION CONSENT AGENDA SPECIAL EVENT PERMIT NO Marty. A special event permit is requested to allow a series of events in Downtown Overland Park in Application made by Susan Powell representing the Downtown Overland Park Partnership, Inc. ACCEPTANCE OF RIGHT-OF-WAY FINAL PLAT NO UMB Subdivision First Plat, W. 87th Street. Application made by United Missouri Bank. The Planning Commission approved this item by a vote of 8 to 0 on February 28, ACCEPTANCE OF RIGHT-OF-WAY FINAL PLAT NO Oak Park Elementary School, Nieman. Application made by LHE, P.A. The Planning Commission approved this item by a vote of 8 to 0 on February 28, 2005.

8 Page 8 ACCEPTANCE OF RIGHT-OF-WAY FINAL PLAT NO Retreat at Maple Crest Third Plat, vicinity of 159th Street and Marty. Application made by Phelps Engineering, Inc. The Planning Commission approved this item by a vote of 8 to 0 on February 28, REVISED PRELIMINARY PLAN APPROVAL Retail Development, vicinity of 151st Street and Marty. Application made by Z-4 Associates, L.L.C. The Planning Commission approved this item by a vote of 8 to 0 on February 28, REVISED PRELIMINARY PLAN APPROVAL Deer Creek Commons, vicinity of the northwest corner of 129th Street and Metcalf. Application made by ACI/Boland, Inc. The Planning Commission approved this item by a vote of 8 to 0 on February 28, SPECIAL USE PERMIT NO W. 119th Street. Special use permit requested for an indefinite period of time to allow a medical center. This property is currently zoned R-1. Application made by Menorah Medical Center. The Planning Commission approved this item by a vote of 7 to 0 on February 28, Ordinance No. Z-3126 REZONING NO Vicinity of 146th Street and Switzer. Rezoning requested from A-J, Agricultural District, Johnson County, to R-1, Single- Family Residential District, to allow a development of a single-family subdivision. Application made by Schlagel & Associates, P.A. The Planning Commission approved this item by a vote of 8 to 0 on February 28, Ordinance No. Z-3125 UNIFIED DEVELOPMENT ORDINANCE AMENDMENT ZRR-2528 Amendments to the Unified Development Ordinance, Section adoption by reference of the addressing standards; relationship to other provisions of the code, to create a standardized method of addressing throughout the City. Application made by the City of Overland Park. The Planning Commission approved this item by a vote of 8 to 0 on February 28, Ordinance No. ZRR Mayor Eilert presented the Planning Commission Consent Agenda Items Nos. 1 through 9 and asked if any item needed to be removed for separate discussion. Mr. John Thompson requested that Special Use Permit No be removed from the Consent Agenda for separate discussion. Mayor Eilert opened the public hearing for the Planning Commission Consent Agenda Items, excluding Special Use Permit No Mr. Owens moved to approve the Planning Commission Consent Agenda Items as presented, excluding Special Use Permit No Mr. Gerlach seconded the motion, which carried by a roll-call vote of 10 to 0. Mayor Eilert referred to Special Use Permit No and asked staff to provide an overview of the application and the Planning Commission s decision.

9 Page 9 Planner Dave Dalecky presented Special Use Permit No located at 5721 W. 119th Street. He explained that the permit requested by Menorah Medical Center is to allow an increase in the overall square footage from 665,000 square feet of building floor area to a total of 727,682 square feet of building floor area. They are also requesting to revise the building arrangement on the Menorah Medical Center campus from the currently approved plan to a slightly different plan that shows separated buildings. The proposed plan is different from the original concept of having one contiguous building and also adds a parking deck on the southwestern portion. Other changes include allowing one of the buildings to be detached and a new building to be constructed close to the Nall and 119th Street intersection. These are the general changes to the plan that Menorah Medical Center has requested. Mayor Eilert asked staff to comment on the storm drainage issue. Ms. Sneegas stated that when Special Use Permit No was first submitted, a preliminary storm water management study was submitted according to normal procedures. As staff reviewed the preliminary storm water study and as the application was going through the Planning Commission process, additional information came forth that had not been addressed in the preliminary study. There was a residence on Ash located downstream that was identified on the Tomahawk Creek study as currently being flooded that had not been addressed in the preliminary study. The conditions that were placed on this project at the time of Planning Commission review were not very strong as far as requiring a flood study to address that downstream issue. Traditionally, when a storm water management study is submitted, staff reviews downstream flooding issues in more depth, but that issue was not specifically identified. Staff is recommending that an additional stipulation be added that will require a flood study be performed by the developer. Ms. Sneegas felt the flood study could result in several different outcomes. Staff is not requiring the study at this time, because they do not have the exact impervious area identified. She noted that the level of engineering required for a final study requires that staff be provided with a more precise layout. Staff feels that the applicant would need to redo their study and revise their plan. That engineering study will be done at the next stage of the project. An additional stipulation j would say, prior to final development plan approval of each phase of development, a flood study shall be provided or updated that addresses the impact of the proposed development on the flooding situation at Ash, which is the house identified on the Tomahawk Creek Study. Performing the flood study provides many different available options to choose from, such as putting in storm water detention. There is a streamway that runs through the project where the detention could flow. There are parking lots available to put the detention into, or it could be put underground if they want to go with a more expensive improvement that would provide more flexibility with the site. She felt there was a possibility that the developer s project might not aggravate the flooding issue on Ash, but a lot of engineering will need to be done to show that. Another option would be to construct some improvements at the site on the house on Ash, such as putting in some walls or berming. The house could be protected from flooding for about $40,000, which would likely be less expensive than storm water detention. Staff recommended that the flood study be completed, as well as all options be evaluated prior to the final development plan.

10 Page 10 Mayor Eilert pointed out that many details of a flood study or other kinds of studies are done during the preliminary plan stage and up to the final plan process and provide knowledge of specific requirements. He explained that there were three to five phases included in the current project, and each phase would have to undergo a storm water review regarding the impact of each phase. Before any final development plans are completed, staff expects the developer to address the overall approach they expect to take with the flooding condition on Ash. For example, Ms. Sneegas explained that they could show the entire project and every phase of the project that would not impact the flooding condition. The developer would not have to provide detention in that case. If they cannot show there would be no impact, then the developer would have to show where they are going to put the storm water detention. Mayor Eilert suggested that a requirement could be added mentioned that the final plans need to be presented before the Council and the Planning Commission. Due to a conflict of interest, Mr. Hix noted that he would abstain from considering this issue. Mr. Thompson asked what step staff was recommending be taken regarding the flood study as to when that study would be completed in relationship to the Planning Commission s decision on the matter. Ms. Sneegas stated that a flood study is completed within a couple of days through normal processes, and staff reviews and approves it before preparing their staff report for the Planning Commission. This time frame involves about eight to nine days before something is actually heard by the Planning Commission prior to an approved flood study for a project. She realized that the timetable did not allow an applicant or concerned citizen time to review and respond to the approved study, and she felt it might be appropriate to provide more time so citizens could review the study. Mr. Thompson asked if the City has, in the past, allowed more than eight or nine days for interested parties to review or retain an expert of their own to evaluate a study that is provided to the City. Ms. Sneegas did not recall a particular case, but she felt that it was a reasonable request to consider. Mayor Eilert noted that there is usually a couple of weeks before an application comes from the Planning Commission to the Council for further review, and he felt that the time period would allow for further review. Mr. Gerlach asked if a current flooding problem would require an applicant to relieve a house with flooding problems or guarantee they would not add to that problem. Ms. Sneegas stated that the applicant and developers are only required not to aggravate a flooding condition, but there are circumstances where it is cheaper for an applicant to provide some improvements instead of storm water detention when their project aggravates a situation. Mr. Thompson asked when the flooding issue was first discovered. Ms. Sneegas stated that the flooding issue was not discovered when staff was reviewing the application. The City had the information available on the Tomahawk Creek Study, but staff did not realize it at the time they reviewed it for the current application. Mr. Thompson

11 Page 11 asked if there was a possibility that other homes might be affected that have gone unnoticed. Ms. Sneegas stated that there were no other homes located downstream of the current project. Staff has reviewed the Tomahawk Creek Study, which addresses everything downstream where there could be an impact. Mr. Steve Wilkinson, President and CEO of Menorah Medical Center, provided some additional enlarged pictures of the original site plan and proposed revisions. He noted that Mr. Steve Mauer, Legal Counsel from the Bryan Cave Law Firm, and Mr. Yoni Cohen, from HWA Architects and primarily responsible for the development of the plans, were present. He stated that they would handle appropriately and ensure the downstream flooding issue. Mr. Wilkinson provided the current approved site plan that was approved in 1995 and again in 1999 with anticipated future expansions of Menorah. The current proposal is similar to the approved plan. The original plan showed the current Menorah complex and a medical office building attached to the end of another office building that would parallel 119th Street. At that time, a hospital expansion was anticipated on the east end of the project and to the southwest, as well as two additional three-story office buildings off the southwest portion of the property for a combination of office buildings and hospital space. Mr. Wilkinson noted that Menorah has remained open as a hospital for eight years, but they have been in operation for over ten years. They are now at the point of expanding the campus, because their business has continued to grow. The first project was always anticipated to be the construction of the next medical office building, which would have been the building parallel to 119th Street, but there is a drainage ditch that runs through the center of the property and across Nall. The area located in the center of the hospital development is entirely floodplain and cannot be developed, which is one reason all of their development occurs on the outside of the existing facility. He noted that they had reviewed a number of options for relocating the property and staying within the initial plan. Mr. Wilkinson referred to the map outlining changed and proposed to change areas. He pointed out where the existing hospital is located at 119th Street and Nall, as well as the location where the office buildings were originally proposed to be placed. He pointed out the existing parking lots and parking areas for the office building they were going to build in the original plan. They have preserved the primary plan for landscaping and the benches to be included in the area. The first office building will be situated underground from Nall, and from Nall there will only be a one-story building within that corner, because the second floor will be located below grade. The first floor will have a surgery center, and the second floor will be used for medical office space. This development will be included in the first phase of the project. The hospital expansion that was located on the east end of the building and shown in the original Master Plan has been altered to make it larger to accommodate additional hospital beds. There are currently 158 beds at Menorah Medical Center, and they hope to add additional hospital beds. Some semi-private rooms exist, but their goal is to convert all rooms to private rooms. The expansion will allow this goal to be met. He referred to another area of expansion, which was to be a two- to four-story building, but will now be a two-story building that extends further out than the original Master Plan that is located in the exact same location. This area will be used for outpatient

12 Page 12 procedures. There may be an opportunity to create a heart center, because their Cath Lab and Cardiology programs are located nearby. Mr. Wilkinson referred to the first office building located outside of the surgery center stating it is located in almost the exact location as the currently approved site plan. Discussions with physicians about office space showed there is a desire to have the medical office building connect to the hospital, which can be done through the use of a tunnel. The reason it cannot be connected completely is because an intensive care unit and maternity area are located above that area, and there is no way to physically attach the tunnel to it. However, there is some green space that it can be connected to and an underground walkway. Mr. Wilkinson referred to the second building in the original plan, which has a main walk-in entrance to the hospital. He expressed a concern that putting a building in that area would create tremendous congestion and create a worse parking problem. At the suggestion of the architects, they have moved the building down in order to make it more functional. They will attach the building with a walkway to provide a connection between the medical building and the hospital. The future parking structure will be needed, because there will not be sufficient parking spaces when the expansion has been completed. The parking structure is proposed as a three-level parking garage, but because it has lower ceiling heights, it will be the height of a standard two-story building. Mr. Wilkinson noted they previously had looked at allowing the parking garage as a stand-alone facility in other locations, but the walking distance from the parking garage to the facility was not feasible. Additional parking will be provided at the south end of the property that would be elevated from the current parking lot and building. They will have the ability to build a parking deck on top of the new parking area and over some of their existing parking to create additional parking. Mr. Wilkinson referred to the first office building noting they have been discussing the issue of leasing space with medical groups. He noted that they had no designs or plans for the future bed tower, because it will depend upon the continued growth of their inpatient census. He felt they would be either designing or wanting to build the bed tower for the hospital within 24 to 36 months. Mr. Wilkinson stated that the anticipated outpatient expansion will be conducted two to three years in the future, but this expansion will also depend upon existing patient volumes. Mr. Wilkinson stated that the two existing office buildings had been open ten years before they began looking at other office space. They had been talking with a couple of large physician groups that would have been anchor tenants, but that plan did not materialize. The parking garage will be the last structure to be constructed on the plan, because it is very expensive. The proposed buildings will look like the current buildings to maintain the same theme in the area. Mr. Wilkinson explained that they had met with the Hawthorne Homes Association on several occasions to discuss and try to address issues regarding flooding and other concerns. They also met with the Dover Homes Association numerous times, and they

13 Page 13 have developed a private agreement between Dover Homes Association, Village Shalom and Menorah Medical Center. He felt all concerns had been addressed. Mr. Wilkinson referred to the last office building proposed to be built as a three-story building, noting that they have agreed, at the request of the Dover Homes Association, to remove the HVAC units from the ceiling and put them in the ground to reduce the height and noise. He felt they were in compliance with the other six issues the Dover Homes Association brought forth. Mr. Wilkinson referred to the flooding issue and stated they had not learned about this issue until the end of the project. He pointed out that they would be conducting drainage and flood studies. Mayor Eilert suggested adding an additional stipulation that the final plans come back before the Council for review, so there is an opportunity for the flood studies to be reviewed in order to make a final decision. Mr. Wilkinson agreed with Mayor Eilert s suggestion. Mr. Thompson asked about a long-range plan mentioned by the applicant that would involve going eight years into the future. Mr. Wilkinson stated that the parking garage would be the last item to be completed, which might extend ten years into the future, but that will depend upon the success of the other areas. Mr. Thompson noted that the previous request for Menorah involved an increased amount or intensity of use on that property. He asked if the applicant anticipated having to come back to the Council in the future with another revised plan due to changing needs. Mr. Wilkinson explained that the issue had been discussed a great deal, and he felt the proposed plan maximizes the land and square footage of the buildings, parking garage and stalls. Mr. Wilkinson explained that their current bed tower was built to allow a one-story level to be added on top, which would increase the floors from four to five. He did not expect to add the additional floor, because the current fourth floor space is used daily by patients, and it is also the surgical floor. The ability to construct another floor on top of an existing hospital floor is nearly impossible with the noise and disruption it would cause to patients. This was the reason they tried to expand the bed tower portion outward instead of upward. Mayor Eilert asked what the floor area ratio was for the new project in relation to what the tract will hold. Mr. Dalecky was not aware of what the particular LUI would allow for the specific site compared to what is shown, but he offered to research that information. Mr. Sader felt there were current parking problems at Menorah. He asked if there would be additional parking included in the first phase of the project and how much parking it would encompass. Mr. Wilkinson stated that their plan for parking would begin on the southern portion of the property and would replace the parking that will go with the existing surgery center area. That area is current employee parking that will be displaced. They plan to work on an initial move to surface parking in that area to accommodate the additional parking that will be available for patients and will be included in the first phase of the plan. Mr. Sader asked if the hospital expansion would be included in the first phase of the project. Mr. Wilkinson stated that the two-

14 Page 14 story, 40,000 square-foot surgery center office building at the corner of 119th Street and Nall will be built within the first phase of the project. The second phase would include the construction of the three-story 60,000 square-foot medical office building in the southwest portion of the site, but there is no specific timeline for that construction. The hospital expansion will only occur when they have sufficient patient volumes to justify it. Mr. Sader asked if additional parking for hospital patients and contiguous office buildings would be built at the same time as the outpatient surgery unit. Mr. Wilkinson pointed out the existing parking on the map stating that he anticipates some of the space to be taken for the construction site. There is currently a bridge that provides a connection for the employees to get to the property. He pointed out the area where construction would begin and the additional employee parking that would be used while this is built. He pointed out the two medical office buildings and showed where the current parking problem occurred at Menorah on a daily basis. There are two new rows of parking that can be added to the existing site and are included as part of the project, which would be completed in the near future. About 120 additional parking stalls would go into that area. Mayor Eilert asked how many parking spaces would be constructed in the southeast corner. Mr. Yoni Cohen, HWA Architects, 9308 Outlook Drive, explained that there would be about 450 parking stalls added when the second medical office building is built. Mayor Eilert asked how many immediate parking spaces would be constructed on the southwest portion of the tract, since the surgical center that will be built at the corner of 119th Street and Nall displaces the employees who currently park there. Mr. Cohen stated that there would be about 200 parking spaces constructed. Mr. Sader asked if the 200 parking spaces would be adequate to address the parking problems in the first phase. Mr. Wilkinson stated that they would have more shortterm parking spaces than they have currently, but he felt the parking would be adequate for that building when the two-story, 40,000-square-foot surgery building is open. Mr. Sader asked if Menorah was still associated with Overland Park Regional Hospital. Mr. Wilkinson stated that they were associated only by a common owner, and there is no other connection. He explained that when Health Midwest acquired Overland Park Regional Hospital, they worked to consolidate a number of programs between the two facilities, but they still operated as separate hospitals. When Menorah was acquired by HCA, that model was discontinued, and each facility became totally independent with some of the combined services they have provided since that time. Mr. Sader asked if the two hospitals worked together in any way. Mr. Wilkinson stated that they somewhat work together, but they have no consolidation of services between them. Mr. Sader asked if there was an expected need that would continue to grow. Mr. Wilkinson stated that Menorah was originally built at a time when the prevalent thought in the healthcare industry was that hospitals would continue to have fewer patients and everything would move to an outpatient setting. That thinking has changed over the last 12 to 15 years with the baby boomers aging and entering the healthcare world. It is anticipated that hospitals are going to have a stronger need for additional beds and that hospitals across the country are planning for or beginning expansion projects to accommodate that need.

15 Page 15 Mr. Sader asked why the applicant could not concentrate their expansion more on hospital care rather than medical office buildings. Mr. Wilkinson pointed out that hospital care goes hand in hand with many physicians that are associated with the hospital. He felt having physicians on campus was always a desirable asset from the physician s perspective, as well as from the hospital s. Mr. Sader asked if the proposed expansion would be the maximum expansion the land could fulfill for the facility. Mr. Wilkinson felt they had best maximized the use for the land and tried to make it functional. He did not agree that they were increasing the intensity, because they are not adding any new buildings that were not already included in the current plan, and they only redesigned those buildings to allow for more space. The uses of the buildings and kinds of things they are trying to do resemble what was anticipated 12 years ago. Mayor Eilert asked if the building along Nall was the surgery center. Mr. Wilkinson agreed and noted there were 30 surgeons who will co-own the surgery center with the hospital, and there will be some office space on the second floor. He felt they would have a good daily surgical volume in that facility. He pointed out that surgery volume is usually less than medical office volume, which is one reason they felt the parking was adequate. Mr. Gerlach asked if it was typical to have surgery centers included in the hospital. Mr. Wilkinson felt surgery centers demonstrated the latest trend in hospitals. He noted that St. Joseph Hospital recently bought South Kansas City Surgery Center at I-435 and Nall, and St. Luke s South Hospital is coming through the Planning Commission process for an office building and surgery center on their campus. Shawnee Mission Hospital has had their surgery center for a period of time, and there is a surgery center next to the Research Hospital campus. The Olathe Hospital has developed some relationships with medical groups rather than build a surgical center building. Ms. Gilliland noted that all of the available parking would be located to the west of the surgery center as they develop and asked if a garage could be located in that area to provide space for a building. Mr. Wilkinson stated that they had looked at doing something in that area, but there is no connectivity available to the existing building. A parking garage would not provide any new parking, because it would be placed on existing parking, which would cut about one-third of the parking stalls. Mayor Eilert opened the public hearing. Mr. Robert W. Brown, 5226 W. 122nd Street, stated that he was included in the Hawthorne View Master Association. He referred to the growing bed situation at Menorah and felt the information was incorrect. He quoted a Kansas Business Journal article that stated Menorah had fewer hospital admissions in 2004 than in Mr. Brown stated that Hawthorne View was one of eight constituent parts of the Hawthorne Community Master Association, who owns Hawthorne Lake and Hawthorne Park and provides all of the landscaping and maintenance along Tomahawk Creek Parkway from Nall to Roe and on Rosewood. He pointed out that all of this work was done at the residents expense.

16 Page 16 Mr. Brown referred to some facts that were presented to the Governing Body when the special use permit was submitted to build what was once represented as Menorah Park and is now known as Menorah Medical Center. He outlined the following new facts: 1) Overland Park Staff Comments to the Planning Commission on June 11, 1990, with regard to Special Use Permit No , pg. 40, represented that Menorah proposed a hospital that would contain 100 to 200 beds. He felt it was important to note that the hospital was not the main focus at that time. It will not be constructed as a part of the initial phase and may not be constructed at all depending on future demand for hospital space. The applicant argued that the future of healthcare would have a much stronger orientation toward outpatient services rather than traditional inpatient services. 2) Then president of Menorah Medical Center stated and stressed in the minutes of the Overland Park City Council meeting of July 9, 1994, that the project s purpose was to provide an innovative approach to healthcare on a campus concentrating on an outpatient setting with the recognition that some inpatient services would be required, but not to the extent provided by other hospitals. 3) The former President of Menorah was aware at that time of facts one and two, which were expressed to the Governing Body. The neighbors of Menorah had seen an entirely different plan for the property that turned out to be 119th Street and Nall. He pointed out that when Menorah made an application for the original Special Use Permit No , a decision was made to move their operations from 49th Street and Rockhill Road, Kansas City, to Johnson County. 4) The Board of Directors of Menorah wanted to move to a Johnson County location, because it was more lucrative for Menorah than in their prior location in Kansas City. Mr. Brown pointed out that an affidavit was filed by Mr. Ray Powell, president of Menorah, in That affidavit was filed with the United States District Court for the District of Kansas City, Kansas, Menorah Health Center, Inc., vs. Mid-America Health Network, Inc., Case No He referred to paragraph three of the affidavit and quoted, In the late 1980s, Menorah made a decision to move its operations to the more lucrative Johnson County market and formed plaintiff, Menorah Health, for that purpose. 5) Within days after the Governing Body approved Menorah s Special Use Permit No in September of 1995, Menorah closed their hospital at 49th Street and Rockhill Road in Kansas City, Missouri. 6) In response to Menorah s surprise closing, Mid-America Network gave Menorah written notice of termination of Menorah s participation in Mid-America Health Network. The Menorah lawsuit sought an injunction against the other hospital partners, and the pleadings in that case clearly set out the reason for the lawsuit. Menorah s precipitous act of closing their hospital resulted in Menorah having to disclose information regarding the hospital replacement that was planned in Overland Park. He pointed out that Menorah did not disclose to Overland Park its plans regarding this information. Mr. Brown stated that he was not suggesting the Governing Body rescind what had already been constructed, but he felt the Governing Body has a duty to ascertain the prior facts and the representations made. He did not feel it was appropriate to confirm a new special use permit until these previously referred to facts are considered at a hearing and a decision made at a later date. He felt it was important that the Governing Body instruct staff and the Planning Commission to develop certain limits on any future changes on the Menorah Medical Center property, which would include buying Shalom Village and expanding south. He felt the application request should not be approved for the above-stated reasons.

17 Page 17 Mayor Eilert felt that Menorah had always been straightforward with their intention of using the proposed property as a hospital, and moving that facility from its original location was never disguised or hidden. For example, he pointed out that St. Joseph s Hospital moved from downtown to the suburbs, and St. Luke s has moved their facility to southern Overland Park. Mr. Brown noted that St. Luke s Hospital did not actually move out of its original location and had only set up an ancillary hospital, which he felt was different from the current application. In addition, he pointed out some problems with Menorah s signage near his backyard that he felt was obstructive. Ms. Gilliland referred to Menorah s emergency signage and felt that according to the Joint Commission on Accreditation of Hospitals, these types of signs are required at a certain height and size so ambulances, helicopters and other emergency personnel could recognize them. Mr. Brown felt their signage could instead be placed on the north side of the property. He also felt that the flight plan for helicopters that come directly over the Hawthorne homes and lake could be changed so they come in from the north. Ms. Gilliland pointed out that there were helicopter pads located in much denser areas throughout the country, including the metropolitan Kansas City area. Mr. Paul Russell, Ash, Hawthorne Place, stated that he lived in a single-family, maintenance provided community and is a member of the Hawthorne Community Master Association (HCMA). He voiced his opposition to SUP No and asked that the Council vote to send the special use permit back to the Planning Commission for extensive reconsideration. Mr. Russell pointed out his home on the map, which is the westernmost home in the Hawthorne community. He noted that his home was one of the homes in the community that received the 200-foot notification from the architectural firm. He stated that his wife had contacted the HWA architectural firm about the special use permit, and she was told that Menorah had plans for expansion for the next 20 years. If this information was accurate, then he felt that it contradicted what Mr. Wilkinson has discussed regarding the completeness of the proposed plan for the future. Mr. Russell stated that his home was located adjacent to Menorah Medical Center and also to Nall. His home is further separated by Nall and three stone sound walls. Due to the berming on the Menorah side of Nall, he does not have a view of Menorah presently, and he felt that Menorah s current design was adequate at the present time. He did not agree with the current application presented by Menorah. Mr. Russell referred to Ordinance No. Z-2709, which was issued in connection with SUP No and its predecessor SUP He distributed a photograph of SUP No , in which he circled three things. At the top of the photo is the 119th Street side of the landscaped site plan, which was then described as a new four-story medical office building and will not take place. Just below that notation on the photo is the planned addition to Menorah, which has already been completed. The then planned medical office building is still planned, but the current market is not ready to absorb it. He explained that there were no buildings on the proposed site plan that are located within a couple hundred feet of Nall. His concern involves the difference between the two site plans, which is mostly with the building now shown as the surgery center and the two-story building that is located above grade. Due to the

18 Page 18 floodplain, the original plan to put that building contiguous to the existing Menorah structure no longer makes economic sense. In conversations with the homeowners, Mr. Wilkinson had said it would cost about $1 million to put that building back where they had originally indicated it was to go. Mr. Russell felt that when a footprint is established on Nall, there would be no other building planned on that site plan or any other plan that is located within a couple of hundred feet of Nall. He felt that putting the medical office building on Nall instead of by Tomahawk Creek where it was originally supposed to be located and leaving no buildings adjacent to Nall might result in other special use permit requests five to ten years out for another building south of the area on Nall. No commercial buildings currently exist between 119th Street and 123rd Street on the east side of Nall that are closer than a couple of hundred feet. He did not feel the original plan of putting that building by Tomahawk Creek had been thoroughly examined before being discarded. Mr. Russell referred to the City s Golden Principles that lists 15 principles he felt would allow the Council the ability to consider the impact of the proposed project on the neighborhood and the ability to inquire into whether that building can be put on the creek where it was originally planned. He felt SUP No should be sent back to the Planning Commission with an instruction that there be further analysis of the previous site plan before it is totally abandoned as being uneconomical. Mayor Eilert offered to make a clarification on the Golden case that occurred in the City of Overland Park at 87th Street and Metcalf resulting in the creation of the Golden Principles. He explained that a developer wanted to put commercial development across a two-lane collector street from residents, and the City did not agree with that proposal, because they did not feel it was proper land use. The Supreme Court overruled the City s decision stating that the proposal was proper land use. Within that context and background, the Golden decision says that it is appropriate to put commercial uses across a two-lane collector street from residents. In this particular case, there is four-lane thoroughfare that divides a special use permit for a hospital from residential uses. He felt these uses are within that context. Mr. Russell felt the Mayor outlined a specific fact situation, and the current proposal involved more than that specific fact situation. Mayor Eilert felt the specific facts of a case are always the interesting points and the pertinent plans. Mr. Jerry Ferguson, 5219 W. 121st Street, Hawthorne View Subdivision, President of the Hawthorne Community Master Association (HCMA), explained that HCMA is the master association for five residential communities, an apartment complex, a shopping center and a skilled nursing home. He appeared on behalf of the Hawthorne community of almost 1,500 residents. He pointed out that the Hawthorne community lies between Nall on its west and Roe on its east. He pointed out that the Hawthorne community is located directly east of Menorah Medical Park on the east side of Nall. He felt that the Governing Body had previously approved the slow-but-sure sprawl of Menorah. The Hawthorne community believes the decision was made as if there were nothing located on the east side of Nall. With the exception of the Hawthorne community, Mr. Ferguson noted that the other residential subdivisions situated east of Nall and located in the immediate area are part of the City of Leawood. He noted that the Governing Body should keep in mind that the Hawthorne community is included as a part of Overland Park.