Loading...
2011072502 - MinutesDRAFT Council/Agency Meeting 7/25/11 Item # h MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY MEETING JUNE 20, 2011 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday, June 20, 2011 at 7:00 P.M. TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY MEETING CALLED TO ORDER AT 7:00 P.M. ROLL CALL Present: Mayor Joe Pirzynski, Vice Mayor Steve Rice, Council Member Steven Leonardis, Council Member Diane McNutt, and Council Member Barbara Spector. Absent: None. PLEDGE OF ALLEGIANCE - Apurva Seshadri, Van Meter Elementary School led the Pledge of Allegiance. The audience was invited to participate. CLOSED SESSION REPORT - There were no Closed Session scheduled for this meeting. TOWN COUNCIL COUNCIL/TOWN MANAGER REPORTS Council Matters - There were no Council Matters for this Meeting. Manager Matters Greg Larson, Town Manager - Reminded the community about the current vacancies for the Planning Commission and the General Plan Committee. The deadline for applications is July 22, 2011. Introduced Officer Leo Coddington, Police Officer for the Los Gatos -Monte Sereno Police Department. Mayor Joe Pirzynski presented Officer Coddington with two awards for the officer's work with the homeless population. Page 1 Manager Matters — Continued Did You Know?? Linda Dydo, Interim Library Director Commented on the Town Library's Summer Reading Program. Commented that more information can be found by visiting the Town's website at www.LosGatosCa.gov. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. North 40 Specific Plan Monthly Update 2. Adopt an ordinance amending the zoning ordinance effecting a zone change from CH to CH:PD at 16005 Los Gatos Boulevard. APNS 529-16-025 and 053. ORDINANCE 2197 3. Adopt resolution authorizing the Town Manager to enter into an agreement with O'Brien Code Consulting, Inc. for Building Division Plan Check Consultant Service. RESOLUTION 2011-042 4. Approve extended maintenance agreement and contract with Tiburon, Inc. for Computer Aided Dispatch (CAD), Records Management System (RMS) Automated Reporting System (ARS) and Mobile Data Systems (MDS). 5. Sustainability Plan a. Authorize the Town Manager to execute an agreement with the Planning Center DC&E to prepare the sustainability plan in an amount not to exceed $79,541.00. b. Authorize staff to execute future changes to the agreement to incorporate the development of complete street standards and update the Town's Bicycle and Pedestrian Master Plan in an amount not to exceed grant awards received by the Town. 6. Authorize the Town Manager to execute an agreement with the Association of Bay Area Governments for the Bay Area -Wide Trash Capture Demonstration Project. 7. Accept report on the temporary installation of traffic calming devices for the Short Road neighborhood. 8. Tract No.10012 - The Preserve at Ross Creek (15881 Linda Ave) Adopt resolution approving Final Map for Tract No. 10012 - The Preserve at Ross Creek (15881 Linda Avenue), accepting the dedications, and authorizing the Town Manager to execute the contract for public improvements. Page 2 Consent Items - Continued 9. PPW Job No. 10-16 - FY 2010/11 Street Repair and Resurfacing Project 811-9901 a. Authorize the Town Manager to execute a construction contract with International Surfacing Systems Inc., in an amount not to exceed. $965,889. b. Authorize staff to execute future change orders to the construction contract as necessary in an amount not to exceed $200,000 10. PPW Job No. 04-68 Roberts Road Bridge Reconstruction Project 818-0802 Authorize the Town Manager to execute a Certificate of Acceptance and Notice of Completion accepting the work of Jones Brothers Enterprises Inc. and authorize recording by the Clerk Administrator. 11. Labor Relations Actions a. Approve the Memorandum of Understanding between the Town of Los Gatos and the. Town Employees Association (TEA) retroactive to November 1, 2010 and extending through June 30, 2012 and authorize the Town Manager to execute the Memorandum authorize the Town Manager to execute the Memorandum. b. Approve an amendment to the Memorandum of Understanding between the Town of Los Gatos and the American Federation of State, County and Municipal Employees (AFSCME) Local 101, extending through August 31, 2011 with no change in salaries, terms or conditions and authorize the Town Manager to execute the amendment. c. Approve an amendment to the Memorandum of Understanding between the Town of Los Gatos and the Los Gatos Police Officers' Association extending through June 30, 2013 and authorize the Town Manager to execute the amendment. d. Approve the salary schedule for Management effective July 1, 2011, reflecting updated titles, position eliminations and a continued freeze on cost of living increases for FY 2011/12. TOWN COUNCIL/REDEVELOPMENT AGENCY 12. Approve Council/Agency minutes of June 6, 2011. Page 3 Consent Items — Continued Mr. Shepardson and Ms. McDaniel pulled Consent Item #2. Mr. Crites pulled Consent Item #8. Mayor Joe Pirzynski stated that pulled the Consent Items would be heard following the Consent Calendar. MOTION: Motion by Council Member Barbara _Spector to approve Consent Items#1, 3,4-7, and 9- 12. Seconded by Vice Mayor Steve Rice. VOTE: Motion passed unanimously. PULLED CONSENT ITEMS 2. Adopt an ordinance amending the zoning ordinance effecting a zone change from CH to CH:PD at 16005 Los Gatos Boulevard. APNS 529-16-025 and 053. Ms. McDaniel - Questioned whether there has been a request for story poles. - Commented that the story poles would have clarified the issue of view corridors. - Expressed concerns about the width of the view corridors. Mr. Shepardson Expressed concerns that there was a difference between the width of the view corridors described at the Council Meeting on June 6, 2011 and the developer's plans submitted to Community Development. Sandy Bailey, Planning Manager - Clarified that the final landscape plan will be reviewed during the Architecture and Site application process. - Clarified that the applicant's site plan confirms the width of the view corridors. Council Comments - Questioned whether notices would go to the specific homeowners concerned about the view corridors. Page 4 Pulled Consent Item #2 — Continued Ms. Bailey - Clarified that the notices will go to the neighbors and tenants within 300 feet. Mr. Rodrigues - Clarified the exact dimensions of the view corridors for the proposed project. MOTION: Motion by Vice Mayor Steve Rice to approve Consent Items #2 Seconded by Councilmember Diane McNutt. VOTE: Motion passed unanimously. 8. Tract No.10012 - The Preserve at Ross Creek (15881 Linda Ave) Adopt resolution approving Final Map for Tract No. 10012 - The Preserve at Ross Creek (15881 Linda Avenue), accepting the dedications, and authorizing the Town Manager to execute the contract for public improvements. Mr. Crites - Commented that the proposed project violates the Town's mandatory subdivision ordinance and the Subdivision Map Act. Judith Propp, Town Attorney - Clarified that all the issues raised by Mr. Crites relating to the project have been resolved by litigation. MOTION: Motion by Council Member Diane McNutt to adopt resolution approving Final Map for Tract No. 10012 - The Preserve at Ross Creek (15881 Linda Avenue), accepting the dedications, and authorizing the Town Manager to execute the contract for public improvements. Seconded by Vice Mayor Steve Rice. VOTE: Motion passed unanimously. Page 5 VERBAL COMMUNICATIONS Mr. Miller Expressed concerns about the parking and noise from delivery trucks and other sources around the Elks Lodge. Requested a cease and desist order against the Elks Lodge. Requested that the zoning return to a residential zone. Ms. Bailey - Clarified that staff reached an agreement with the Elks Lodge - Town requested that the caterer meet with neighbors and devise methods to mitigate the neighbors' concerns for a six month trial period. Mr. Larson - Clarified that the Town is working with the Elks Lodge to abate the issues. Council Comment - Questioned whether the issue of illegal parking has been addressed. Mr. Larson - Clarified that the Town will investigate the illegal parking issue. Ms. Thomas - Commented that the proposed pedestrian bridge across the Los Gatos Creek Trail will affect her property. Mr. Brownell - Expressed concerns about high pedestrian traffic over Los Gatos Creek Trail with the addition of the proposed pedestrian bridge. - Questioned who will pay for maintenance of the proposed pedestrian bridge. Ms. Outler - Expressed concerns about added pedestrian traffic and safety along the Los Gatos Creek Trail. Commented that she does not support the proposed pedestrian bridge. Mr. Wang - Expressed concerns about safety and increased pedestrian and bicycle traffic along the Los Gatos Creek Trail. - Commented that he does not support the proposed pedestrian bridge. Page 6 Verbal Communications - Continued Mr. Lehman - Expressed concerns about garbage, noise, and rodents associated with the catering business at the Elk's Lodge. Ms. Ristow - Expressed concern about the loud music coming from the Tollhouse Hotel. - Commented that she would like to see the present Conditional Use Permit enforced. Mr. Fattahi - Expressed concerns about garbage, noise, and rodents associated with the catering business at the EIk's Lodge. Dr. Karloff - Expressed concern about the loud music coming from the Tollhouse Hotel. - Commented that he would like to see the present Conditional Use Permit enforced. Mr. Larson - Clarified that the Town received a modified Conditional Use Permit application, which the Planning Commission will consider in the near future. Ms. Randolph - Expressed concern about the loud music coming from the Tollhouse Hotel. - Commented that she would like to see the present Conditional Use Permit enforced. Council Comments - Questioned whether Planning Commission would hear this matter at their next meeting. Mr. Larson - Clarified that Planning Commission will hear the matter on Wednesday, June 22, 2011. Ms. Logar - Commented that Friends of the Los Gatos Library has raised approximately 75% of its $2.1 million goal. - Invited the public to attend upcoming fundraising events in Los Gatos. Page 7 Verbal Communications — Continued Todd Capurso, Director of Parks and Public Works - Clarified the Los Gatos Creek Trail pedestrian bridge was an element of the master planning process, which was approved by the Parks Commission. - Commented that additional meetings will occur once the environmental document is released. Close Verbal Communications PUBLIC HEARINGS 13. Abatement of Hazardous Vegetation (Brush) Overrule objections and order hazardous vegetation abatement (brush). Staff report made by Todd Capurso, Director of Parks and Public Works. Opened/Closed Public Hearing MOTION: Motion by Vice Mayor Steve Rice to approve abatement of Hazardous Vegetation (Brush) Overrule objections and order hazardous vegetation abatement (brush). Seconded by Council Member Barbara Spector. VOTE: Motion passed unanimously. 14. Landscaping and Lighting Assessment Districts 1 & 2 a. Adopt resolution confirming the diagram and assessments, and levying and authorizing collection of assessments for Landscape and Lighting No. 1 - Blackwell Drive Benefit Zone RESOLUTION 2011-044 b. Adopt resolution confirming the diagram and assessments, and levying and authorizing collection of assessments for Landscape and Lighting District No. 1 - Kennedy Meadows Benefit Zone RESOLUTION 2011-045 c. Adopt resolution confirming the diagram and assessments, and levying and authorizing collection of assessments for Landscape and Lighting District No. 1 - Santa Rosa Heights Benefit Zone RESOLUTION 2011-046 d. Adopt resolution confirming the diagram and assessments, and levying and authorizing collection of assessments for Landscape and Lighting District No. 1 - Vasona Heights Benefit Zone RESOLUTION 2011-047 e. Adopt resolution confirming the diagram and assessments, and levying and authorizing collection of assessments for Landscape and Lighting District No. 1 - Hillbrook Drive Benefit Zone RESOLUTION 2011-048 f. Adopt resolution confirming the diagram and assessments, and levying and authorizing collection of assessments for Landscape and Lighting District No. 2 - Gemini Court Benefit Zone RESOLUTION 2011-049 Page 8 Public Hearing Item #14 - Continued Staff report made by Todd Capurso, Director of Parks and Public Works. Council Comments - Questioned whether the designated Land and Light Assessment Districts run with the property. Mr. Capurso - Clarified that the designated Land and Light Assessment Districts run with the property. Open Public Hearing Ms. Kwiatkowski Expressed concern about the fee assessment for the Blackwell Benefit Zone. Mr. Capurso - Clarified that the Blackwell Benefit Zone was established in 1990 as a condition of the five home development. Closed Public Hearing MOTION: Motion by Mayor Joe Pirzynski to approve Landscaping and Lighting Assessment Districts 1 & 2 , Seconded by Council Member Diane McNutt. VOTE: Motion passed unanimously. 15. Planned Development Application PD-10-005, Mitigated Negative Declaration ND- 11-004. Property Location: 90-160 Albright Way and 14600 Winchester Boulevard. Property Owner: LG Business Park, LLC Applicant: John R. Shenk a. Consider a request for approval to modify the existing Planned Development to allow the potential for a mix of land uses. The project may consist of office alone or a mix of office and multi-family/senior residential uses. The project could include up to a maximum of 550,000 square feet of office space or a combination of less office space with residential uses. Residential uses could include up to a maximum of 516 multi -family units and up to a maximum of 600 senior units on property zoned CM-PD. No significant environmental impacts have been identified as a result of this project and a Mitigated Negative Declaration is recommended. APN's 424-31-053, 054, 063, 424-32-038, 045, 049,054, 059, 060, and 063. b. Consider a request for approval of a development agreement. c. Consider adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. Page 9 Public Hearing Item #15 - Continued Staff report made by Wendie Rooney, Director of Community Development and Joel Paulson, Senior Planner. Kevin Rohani, Joel Paulson, Jessica von Bork, Geoff Bradley, and Valerie Geier were present to answer questions about the proposed project. Council Comments - Questioned whether the 7 acres specifically identified for residential development are located at the southern end of the property. Questioned whether 2016 is the earliest that the applicant could develop residential housing. Questioned the time frame for the Architecture and Site application review process and the issuance of building permits. Questioned if the Town has flexibility with the community benefits being offered by the developer. Questioned whether school impact fees would be a net increase. Questioned whether staff recommends approval of Class A office space. Questioned the accuracy of the photo montages. Staff Comments Requested that the applicant clarify the location of the 7 acres. Clarified that it would take approximately 6-8 months to get through the Architecture and Site process and the issuance of building permits. Clarified that the school impact fee number represents a net increase based on additional square footage added. Clarified that diagrams presented to Council were based on setbacks and angles of the buildings. Ms. Propp - Clarified that the Development Agreement allows the Council to modify community benefit projects in. the future. Mr. Paulson - Clarified that there would be an increase of approximately 90,000 square feet, which would result in an increase in the amount of school impact fees collected. Mr. Larson - Clarified that staff is recommending Class A Office space. - Clarified that only 30%0 of the commercial space in Los Gatos is Class A, with none in a large campus format. Page 10 Public Hearing Item #15 - Continued Council Comments Questioned whether traffic signals would be completed prior to occupancy of the buildings. - Questioned whether the total acreage of the site includes streets that the Town owns. Questioned the maximum allowable units per acre for residential development. - Questioned whether the "wedding cake" building design is better than a building design with fewer stories but the same square footage. Mr. Rohani - Clarified that a majority of the traffic signals would be installed before occupancy. Staff Comments - Clarified that the total acreage includes the Town -owned streets. Mr. Larson - Clarified that the Town has easements and ownerships as part of the prior development, with rights -of -ways deeded to the Town for the purpose of the development. - Clarified that the gross density would be approximately 20 units per acre. Staff Comments - Clarified that the maximum density is 20 units per acre, exclusive of the Below Market Program units. Clarified that the tiered approach decreases the mass when viewed from off -site. Mayor Joe Pirzynski requested a recess at 9:00 p.m. The meeting resumed at 9:05 p.m. Open Public Hearing Mr. Shenk, Applicant Commented on how this application could meet Netflix's needs. Commented that the Planned Development is consistent with the General Plan's goals and policies. Commented that the Development Agreement provides certainty for owners to invest. Commented that the community benefits are advantageous for the Town's economy. Commented that the zoning application should remain a package, as the residential and office components of the project work well together. Page 11 Public Hearing Item #15 - Continued Mr. Wells Commented that Netflix has outgrown its present location and anticipates needing more space. Commented that Netflix prefers to keep its headquarters in Los Gatos. Commented that Netflix signed a letter of intent with the developer but has not signed a lease. Commented that Netflix will need all the office space of the proposed project. Council Comments Questioned the number of buildings Netflix occupies in Los Gatos. Questioned the number of Netflix employees who work in Los Gatos and Netflix's future hiring plans. Questioned when Netflix's current lease expires. Questioned the time frame for construction. Questioned whether there is a commitment from Netflix to occupy the proposed project. Mr. Wells Commented that Netflix occupies three buildings in Los Gatos and employs 900 people in Los Gatos. Commented that predicting future hiring numbers is difficult, but that Netflix will likely need the entire first phase of the proposed project. Commented that Netflix's current lease at Winchester Circle expires in 2017. Clarified that Netflix is not at the lease stage and the company would have to consider the entitlements. Mr. Shenk - Clarified that the first office space should be available in 2013. Continued Council Comments Questioned whether the 7 acres for residential development would be designated at the southern end of the property. Questioned the applicant's priority as to whether the proposed project should be office only. Questioned the time frame for reducing amount of office space and building residential units. Questioned what type of housing is preferred, such as senior or mixed -used. Page 12 Public Hearing Item #15 - Continued Mr. Shenk Clarified that the priority is developing an office only development and that the residential units would be located at the southern end of the property. Clarified that the Development Agreement aligns with the Town's goals for the property up to 15 years. Clarified that the 2016 time frame pertains to the Letter of Intent signed with Netflix. Clarified that the applicant does not prioritize either senior housing over multi -family housing, as market needs may change. Mr. Black - Commented on his support for the proposed project. Mr. Albanese - Commented on his support for the proposed project. Mr. Anstanding - Commented on his support for the proposed project. Mr. Guardino - Commented on his support for the proposed project. - Commented that the Silicon Valley Leadership Group supports the proposed project. Council Comment - Questioned whether Mr. Guardino has any knowledge about the current absorption rate of Class A office space in Silicon Valley. Mr. Guardino - Clarified that Class A office space, especially in a campus format, is limited in Silicon Valley. Mr. Harris - Commented on his support for the proposed project. - Expressed concern about the mitigation of traffic and the synchronization of traffic lights. Mr. Miller - Commented that he supports the Planning Commission's recommendations for the proposed development. - Expressed concerns about traffic mitigation for the proposed development. Ms. Gibbs - Commented on her support for the proposed project. Page 13 Public Hearing Item #15 - Continued Mr. Gibbs - Commented on his support for the proposed project. Mr. King - Commented on his support for the proposed project without the residential element. Mr. Barley - Commented on his support for the proposed project. - Commented that the Silicon Valley Leadership Group supports the proposed project. Mr. Sanderson - Expressed concerns about density and traffic impacts created by the proposed project. Council Comments - Requested clarification about the relationship between the density of the residential and the amount of office space which would be allowed to be built. Ms. Rooney - Clarified that there would have to be less office space if residential units were built. Ms. Rose - Expressed concerns about density of the proposed development and traffic impacts created by the development. - Commented that she would like to see Class A office space that would allow more than one user. Ms. LaMarre - Expressed concerns that the community was not properly notified about the proposed project. - Expressed concerns about current traffic issues along Winchester Boulevard. Ms. Schultz - Expressed concerns about increased traffic created by the proposed project. Ms. Despars - Expressed concerns about traffic mitigation and the impacts the project may have on the local schools. Page 14 Public Hearing Item #15 - Continued Ms. McGrath - Expressed concerns about the density of the development and traffic impacts created by the proposed project. - Expressed concerns about density and the impacts the project may have on local schools. Ms. Pereira - Commented on her support for the proposed re -zoning project. Mr. Mosher - Commented that the zoning should not be changed for this proposed project. Ms. Mosher - Commented that the zoning should not be changed for this proposed project. - Expressed concern about increased traffic and noise impacts with the proposed residential units. Mr. Enns Commented on his support for the proposed project for commercial development only. Expressed concern about re -zoning the area for residential development because of the impacts on local schools. Ms. Borbas - Expressed concerns about traffic mitigation for the proposed project. Mr. Clark - Expressed concern about the amended development project and about the traffic study submitted as part of the staff report. Ms. Clark - Expressed concern about density of the development and traffic mitigation for the proposed project. Mr. Shepard - Commented on his support for the proposed project. Ms. Smith - Commented on her support for the proposed project. - Commented that Santa Clara Valley Transportation Authority supports the project. Mr. Newdom - Expressed concerns that the residential portion of this project does not provide benefits to the Town. Page 15 Public Hearing Item #15 - Continued Ms. Paulides - Expressed concerns about the proposed project's impacts on local schools. - Requested that the Council recommend a mitigation agreement which would address school impacts as part of a condition of approval. Ms. Quintana - Commented on supporting the Planning Commission's recommendation of Class A office space only. - Expressed concern about a residential development and the lack of pedestrian access over the railroad tracks on Winchester Boulevard. Expressed concern about the Negative Mitigated Declaration because in certain sections, the conclusions are not supported by substantial evidence. Mr. Crow Commented that the applicant has not made a compelling case for the residential portion of the project. Commented that the 2016 trigger provides a reverse incentive for the applicant to not develop the office space. Mr. Tonges - Expressed concerns about the impacts on schools and traffic mitigation for the proposed project. Ms. Sullivan - Expressed concerns about any residential development for this project. Mr. Fok - Expressed concerns about the possibility that the student count and traffic counts are erroneous. Mr. Shenk, Applicant - Commented that the revisions to the application submitted to the Council do not add housing. - Commented that the CEQA document will control the maximum amount of office and residential square footage allowed to be built. - Commented that the applicant is offering community benefits above what is required. - Commented that the residential portion of the development helps to mitigate the risks associated with the redevelopment of this area. - Commented that the increase of property taxes from the new office development does provide benefits to the school system. Closed Public Hearing Page 16 Public Hearing Item #15 - Continued Council Comments Questioned the ratio of residential to office space for the development. Questioned whether specific numeric scenarios for office/residential development could be considered. Expressed concerns about the 20 year term for the Development Agreement. Commented that the Development Agreement provides the applicant and the Town with benefits. Expressed concerns about traffic mitigation. Commented that synchronization of the traffic signals will help to mitigate traffic impacts. - Expressed concern that 2016 is an early trigger date to allow residential development. Expressed concerns about the building heights. Commented that height is relative to view shed. Commented that the urban forest in the area should be maintained. Commented that there is a significant need for senior housing in Town. Commented that the land use consideration should occur independently of the applicant. Expressed concerns about the proposed five story building. - Expressed support of the Planning Commission's recommendation. Expressed concerns about the lack of story poles at the site, as photo montages do not show height. Expressed support for a 55 foot high building. - Commented that the height of the first two buildings will largely be hidden by trees. Commented that the buildings must still pass Architecture and Site review. Mr. Shenk - Clarified that the CEQA document describes the specific ratios of residential to office mix permitted. - Clarified that the CEQA document would have to be consulted for specific ratios of office and residential build -out possibilities. Ms. Rooney - Clarified that the height the Planning Commission supported is the current height of the Netflix building. Ms. Propp - Clarified that a development agreement, like a conditional use permit, runs with the land and is recorded with the County Clerk. - Clarified that a development agreement is not conditioned on the owner of the land or the developer of the land and that the zoning decision is made on the appropriate use of the land. Page 17 Public Hearing Item #15 - Continued Council Comments Accepts the reports of the Planning Commission findings and recommendations in the form of meeting minutes (Attachments 8 and 9.) MOTION: Motion by Vice Mayor Steve Rice to accept the Planning Commission's recommendation to adopt the Mitigated Negative Declaration (Attachment 1), including the final revised errata sheets for the initial study and mitigated negative declaration (Attachment 20), and the revised Mitigation Monitor.,ing and Reporting Program (Attachment 21), and adopt the resolution certifying the environmental document (Attachment 15). Seconded by Council Member Diane McNutt. VOTE: Motion passed unanimously. Council Comments Expressed concerns about the residential component of the project. Questioned if Council would support the residential component if it consisted of senior housing only. Commented that the Town would prefer class A office space only. MOTION: Motion by Mayor Joe Pirzynski to extend the meeting beyond 11:30 p.m. Seconded by Vice Mayor Steve Rice. VOTE: Motion passed unanimously. Mr. Larson - Clarified that Council could approve a Conditional Use Permit, which may allow more flexibility than approving certain conditions under a planned development. Council Comments - Expressed concerns that the residential housing component would reduce the amount of Class A office space. MOTION: Motion by Council Member Barbara Spector to approve the application with the amendment that the parcel be used for Class A office use only, with the understanding that the applicant could return for modifications of the Planned Development. Seconded by Council Member Steven Leonardis. Page 18 Public Hearing Item #15 - Continued Mr. Shenk Expressed concerns that the motion before Council is not something that the developer could work with. Requested that the application be continued so that the developer could work with staff to modify the application. Mr. Larson - Clarified that staff will work with the Mayor to agendize the application for one of the August 2011 Town Council meetings. Council Comments Expressed concerns about the building heights without seeing architectural plans. Clarified that the motion would be for Class A office only, with a maximum of 550,000 square feet 55 feet high. Expressed concerns that granting a continuance would cause the same issues to be considered at a later date. Requested that the length of the development agreement be shortened. Commented that the maker of the motion amended the motion to address building heights and community benefits. The seconder of the motion agreed to the amendments. AMENDED MOTION: Motion by Council Member Barbara Spector to approve office Class A space only, with a maximum of 550,000 square feet, and 55 feet height limitation (absent demonstration of height by developer) and possibility of 85 feet at Architecture and Site review stage, and a review of community benefits. Seconded by Council Member Steven Leonardis. Ms. Propp Commented that height would become a vested element tonight based on the Development Agreement, unless Council desires to shift that element to the Architecture and Site process. Commented that Town Council could direct staff to make the height not a vested right. Mr. Larson - Clarified that if an all -office project were approved, then staff may recommend that Council reduce the non -traffic community benefits. Page 19 Public Hearing Item #15 — Continued Ms. Propp - Clarified that any significant change in the project would require a re -introduction of the ordinance. Mayor Pirzynski re -opened the public hearing. Mr. Shenk Clarified that the fifth floor is very important, especially if an all -office zone is considered. Emphasized the need for re -assessing community benefits if an all -office plan is approved. VOTE: Motion failed 2/3. Mayor Joe Pirzynski, Vice Mayor Steve Rice and Council Member Diane McNutt vote no. Council Comments - Recommended that the term of the Development Agreement be shortened. - Requested that staff further define the community benefits offered by the applicant. MOTION: Motion by Council Member Diane McNutt to continue the matter to a future agenda at the discretion of the Mayor and Town Manager. Seconded by Council Member Steven Leonardis. VOTE: Motion passed 4/1. Vice Mayor Steve Rice voted no. OTHER BUSINESS - There was no Other Business scheduled for this meeting. ADJOURNMENT Attest: Mazarin Vakharia, Clerk Administrator Page 20