HomeMy WebLinkAbout2002-06-04 PZC MINUTES•
I.
CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
June 4, 2002
CALL TO ORDER
The regular meeting of the City Planning and Zoning Commission was called to order at
7:00 p.m. in the City Council Chambers of the Englewood Civic Center, Chairman
Waggoner presiding.
Present:
Absent:
Staff:
Mueller, Roth, Schum, Willis, Krieger, Waggoner
Lathram, Parks, Welker (all members gave previous notice of absence)
Senior Planner Langon
Assistant City Attorney Reid
II. APPROVAL OF MINUTES
May 7, 2002
May 21, 2002
Chairman Waggoner stated that the Minutes of May 7, 2002, and of May 21, 2002, were
• to be considered for approval.
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Willis moved:
Mueller seconded: The Minutes of May 7, 2002 be approved as written.
AYES:
NAYS:
ABSTAIN:
ABSENT:
Mueller, Roth, Schum, Willis, Krieger, Waggoner
None
None
Lathram, Welker, Parks
The motion carried.
Willis moved:
Schum seconded: The Minutes of May 21, 2002 be approved as written.
AYES:
NAYS:
ABSTAIN:
ABSENT :
Roth , Schum, Willis, Krieger, Mueller, Waggoner
None
None
Parks, Welker, Lathram
The motion carried .
Ill. SAFEWAY PUD
3575 South Logan Street
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CASE #PUD 2001-02
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Chairman Waggoner stated that the Public Hearing on the Safeway Planned Unit Devel-
opment (PUD) had been closed on May 7, 2002, and the Hearing continued to June 4,
2002. If the Commission wishes to take more testimony, the Public Hearing must be re-
opened; if the Commission wishes only to discuss the issue among themselves, the Hearing
does not have to be reopened. He asked the pleasure of the Commission.
Schum moved:
Willis seconded: The Public Hearing on Case #PUD 2001-02 be reopened.
AYES:
NAYS :
ABSTAIN:
ABSENT:
Roth, Schum, Willis, Krieger, Mueller, Waggoner
None
None
Welker, Lathram, Parks
The motion carried.
Chairman Waggoner asked if staff had additional information to be presented .
Tricia Langon was sworn in, and testified that following the May 7 Planning Commission
meeting, staff met with Safeway representatives to address issues raised by Commission
members on May th. Ms. Langon stated that the Public Works Department has raised a
recent issue, that being that the crosswalk at the South Grant Street entrance to the parking
lot be straightened to cross directly east/west and then north /south , not the diagonal orien-
tation that presently exists. Ms. Langon referred members to page 2 of the June 4 staff re-
port wherein the Commission issues are cited, as well as the response from Safeway repre-
sentatives and staff comments.
Ms. Langon stated that she has received a letter in opposition from Mr. Ali Poozeshi; she
asked that this be made part of the record. The letter was presented to the Recording Sec-
retary, and marked Opponents Exhibit #1.
Mr. John Beauparlant was sworn in. He testified that he is representing Safeway in this re-
quest. He displayed boards depicting changes in landscaping treatment along South Logan
Street and within the site . The entire Logan Street frontage has been redesigned; existing
curb/gutter/wall will be removed along with the first parking aisle. Existing landscaping fea-
tures will be removed, and the frontage will be a sloped grass surface with plantings on
both sides of the walk. The walk will be detached from the curb/gutter, and the design will
provide more open area and better visibility to the shops on the north perimeter of the site.
Mr. Beauparlant stated that this proposal will eliminate 1 7 parking spaces, but there will still
be sufficient on-site parking to meet the requirements of the Comprehensive Zoning Ordi-
nance.
Chairman Waggoner asked if the size of individual parking spaces has been reduced. Mr.
Beauparlant stated that the size of parking spaces has been reduced to 9' x 18'; the entire
lot will be restriped. There will be 90° parking along South Logan Street and the south
property line of the site. The size of the monument signage has been reduced and the sight
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triangles have been indicated on the plans. The monument sign on South Logan has been
moved further south as requested. A circulation pattern and wheelchair ramp at the north-
east corner of the Safeway site has been added to provide wheelchair-bound patrons ready
access to the sidewalk area rather than making them traverse the parking lot itself. The un-
derground storage tanks for fuel have been relocated; Fire Marshall Greene has approved
the relocation site. The air station has also been relocated to a more out-of-the way spot.
The garden center will occupy 20 spaces maximum, from April through July only. The loca-
tion of the garden center will be moved from the initial proposed location also. Signage on
the canopy will be only on the east and south sides, and the three trees noted in the previ-
ous meeting will be relocated and replaced with shrubbery.
Mr. Willis asked why no evergreen shrubs have been used, particularly to landscape traffic
islands. Mr . Beauparlant stated that evergreen shrubs were initially proposed, and staff
asked that they be removed because they collect trash, people walk on them, and survival
rate is not good .
Mr. Willis discussed the sidewalk, retaining wall, and curbing; he noted that it does not ap-
pear that the sidewalk has been moved back. Mr. Beauparlant stated that the sidewalk was
relocated; this was done to get the 3:1 slope for the landscape area. Ms . Krieger com-
mented that she thought the Commission's concern at the previous hearing was that the
sidewalk was too close tci South Logan traffic. Mr . Beauparlant stated that the sidewalk is
now in the right-of-way; he reiterated that shrubbery is proposed on both sides of the side-
walk. Mr. Willis stated that in his opinion, shrubbery on both sides of the sidewalk will give
a pedestrian a "channeled" feel, and that shrubs frequently grow to encroach over a side-
walk. He stated that he owns a landscaping company and is familiar with growth patterns
of trees and shrubbery.
Ms. Mueller asked if there is a landscape maintenance plan. Mr . Beauparlant stated that
the obligation for maintenance of landscaping is Safeway's responsibility. Further discus-
sion regarding placement of the shrubs ensued. Mr. Willis suggested that the shrubs be
planted closer to the curb line, and higher on the sloped area. Mr. Beauparlant suggested
that there could be a problem with cars overhanging into the shrubbery. Mr. Schum stated
that he liked the idea of shrubbery planted along the Logan Street side of the sidewalk. Mr.
Beauparlant stated that the Englewood Municipal Code established the number of shrubs
required based on square footage, but if the Commission wants some of them removed,
they will do so. Mr . Willis stated that he would like to see as much greenery and foliage as
possible on the site, but suggested the possibility that some of the shrubs might be relo-
cated. Discussion ensued.
Chairman Waggoner inquired about the parking spaces needed by the shops on the north
perimeter of the site. He stated he understood that 54 spaces are required by these shops.
Mr. Beauparlant stated that 54 spaces are allocated for those shops; this allocation will con-
tinue, however, the spaces may not be in the first parking aisle. He reiterated that the 54
space allocation will not change .
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Mr. Willis asked for clarification regarding the Grant Street crosswalk. Ms. Langon stated
that the existing crosswalk cuts across traffic on a diagonal from the shops on the north pe-
rimeter to the northeast corner of the Safeway store. The Public Works Director, Ken Ross,
has asked that the crosswalk be straightened to extend directly to the west side of South
Grant Street, and thence south to the Safeway Store.
Mr. Willis asked about fuel delivery to the site. Mr. Beauparlant stated that they would pre-
fer to have no time restrictions, but would try to accommodate a specific time if so deter-
mined by the Commission. Mr. Willis stated that he is very concerned about large tankers
trying to maneuver around cars parked in the lot during hours of peak usage. Ms. Mueller
stated that the lot does have a lot of use, and suggested the possibility of scheduling deliv-
ery early in the day -possibly before 10 or 11 a.m. Ms. Krieger suggested the possibility of
excluding delivery by tanker trucks between the hours of 11 a.m. and 8 p.m. Mr. Willis
stated that he does not want to compromise existing businesses -either the shops on the
north perimeter, or the Safeway store -but he does want to limit delivery times for the
gasoline tankers. He pointed out that the first two parking aisles seem to be heavily used.
Mr . Schum noted that there are also delivery vehicles going to the shops . Mr . Beauparlant
stated that they "could live with" restricted delivery times , say exclude deliveries between
11 a.m. to 8 p.m. or 9 p.m. Mr. Beauparlant stated that it takes a tanker only 15 minutes to
30 minutes to unload. Mr. Schum suggested restricting deliveries between 10 a.m. and 8
p.m. Chairman Waggoner asked about a 10 a.m. to 10 p.m. exclusion on tanker deliveries .
Mr. Willis inquired about the location of the garden center; he did not see it designated on
the most recent set of plans. Mr. Beauparlant stated that this year's garden center is smaller
than Safeway set aside last year. He stated that the location will provide traffic circulation
around the garden center area. Chairman Waggoner asked how staff calculated parking
requirements for the garden center. Ms . Langon stated that staff did not calculate garden
center parking requirements separately; it was assumed that customers of the garden center
would also be customers of Safeway or the shops on the north perimeter. Mr. Beauparlant
reiterated that the garden center will be open only April through July. Mr. Waggoner asked
if the garden center will use the full 21 spaces of parking. Mr. Beauparlant stated that use
of those spaces by the garden center still leaves required minimum parking spaces for the
store and shops .
Ms. Mueller asked about lighting, both of the kiosk/pump area and of the parking lot itself.
She wanted assurance that no on-site lighting has been eliminated . Mr. Beauparlant stated
that one or two light standards will be relocated, but not eliminated. The canopy will be
lighted. Ms. Mueller reiterated she wanted assurance that no lighting has been eliminated.
Chairman Waggoner asked if the power lines to the lights and kiosk/canopy lighting will be
underground. Mr. Beauparlant stated that all utilities of the new lighting system will be
placed underground.
Mr. Willis stated that the "islands look bare"; he noted that some islands have only trees but
no shrubs. Ms. Mueller asked if small, low-growing shrubs could be planted in the islands .
Mr. Willis stated that he likes evergreen shrubs -they are green year-round. Ms. Langon
noted that staff member Bill Donnelly, who is a Landscape Architect, reviewed the plans,
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and recommended that juniper bushes not be used; they collect trash and get trampled .
Mr. Willis stated that there are a number of low-growing varieties of evergreen shrubs. He
reiterated that the islands look bare. Mr. Beauparlant suggested using euonymus shrubs.
Chairman Waggoner asked about standard width of traffic aisles. He noted that it appears
the spaces will be 18 ft. in length, and the driving lanes 22.5 ft. in width. Ms. Langon stated
that typical parking layouts provide a 19 ft. space and 24 ft. driving aisle. Mr. Beauparlant
pointed out that this is 60° parking, and that the spaces could be shortened to 16 ft. length.
Chairman Waggoner stated that the driving aisle needs to be wider than 22.5 ft. -it needs
to be the minimum 24 foot width.
Mr. Willis asked if anything has been discussed regarding pedestrians crossing South Logan
Street. Mr. Beauparlant stated that there is no official crosswalk; they would hesitate to
paint a crosswalk mid-block because motorists would not be obligated to stop. Ms. Langon
agreed that it would be a safety issue. Ms. Langon noted that people will walk wherever
they want, whether a walkway is striped or not. People are walking through this site now .
It was pointed out that the crosswalk outside Safeway entrance does have stop signs on
both sides of the walk.
Chairman Waggoner asked about pedestrian routes to the shops on the north perimeter
from the parking stalls . Mr. Beauparlant stated that pedestrians have to cross driving aisles
just as in any other parking lot.
Mr. Schum asked if the wheelchair access could be striped.
Mr. Willis asked about the parking spaces south of the right-turn lane onto South Logan
Street. He noted that the access to these spaces will be very awkward. Will those spaces
be among those earmarked for the shops on the north perimeter. Brief discussion ensued.
Ms. Krieger stated that the Commission must keep in mind that this is a parking lot -there
will always be people parking and walking in parking lots; they have to walk to get from
their vehicle to the store in any parking lot, and she suggested that perhaps the Commission
is "over-thinking" this issue.
Chairman Waggoner asked if anyone else wished to speak in favor of the proposal. No
one indicated they wished to speak.
Chairman Waggoner then asked that opponents address the Commission .
Mr. Al Poozeshi was sworn in. He asked what need there is for another gas station in this
area. He stated that the development of this gas outlet will impact not only the shops on
the north perimeter of the site, but also other businesses in the neighborhood. He asked
that the Commission take these other businesses into consideration when making a deci-
sion on the request.
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Mr. Dave Lawrence was sworn in . He testified that he owns the Subway shop in the shops
on the north perimeter of the Safeway development. Mr. Lawrence presented Commission
members with a "study" he has done entitled "The Impact of Safeway Gas Station" by Con-
cerned Citizens & Merchants. Mr. Lawrence stated that this is a "gas station" -not a "fuel-
ing station". He stated that there is insufficient space for the size of gas station that is pro-
posed; parking spaces are being made smaller which is not going to work when a majority
of people are now driving large sport utility vehicles or large dual-wheeled trucks. These
vehicles will certainly occupy more than one parking space being allotted in this proposal.
He noted that many people with the large vehicles typically take more than one parking
space in the presently laid-out parking lot. Mr. Lawrence reiterated that "the parking isn't
there". Mr. Lawrence cited the location of his shop on the north perimeter. He stated that
businessmen were initially told that Safeway wanted to install a "couple of pumps" -but
now find there will be a 33' tall kiosk, eight pumps, and that view of the north perimeter
shops will be obscured from motorists on U .S. 285 . Mr. Lawrence reviewed his calcula-
tions on the number of parking spaces required, and stated that his calculations indicates a
total of 295 parking spaces would be required b y the Safeway store, the north perimeter
shops, by the garden center, and by the yellow-page collection bin which is periodically
sited in the parking lot, plus whatever is needed for the kiosk. The plan proposes to pro-
vide 216 parking spaces -not 295 . He reiterated there is no place to put in a gas station
on this site and still meet minimum parking requirements. He noted that the proposed
plantings -trees and shrubs -encircle the proposed gas station -not placed to beautify
the total parking lot. He stated that he cannot envision anyone parking by the gas station
and walking over to his Sub-shop to pick up a sandwich; if people cannot find a parking
space in front of or in close proximity to a fast-food sandwich shop, they will go home and
fix their own sandwich. The same does not hold true for those patrons of a liquor store, for
instance; if someone wants to purchase liquor they are more persistent in trying to find a
parking space -they don't make their liquor at home. Mr. Lawrence pointed out that the
parking area used by patrons of the north perimeter shops is basically being eliminated -
the northern-most row of parking -and is being dispersed throughout the remainder of the
site. Mr. Lawrence stated that he had initially asked that the three trees be eliminated be-
cause of visual impact on the northern shops; he stated that he doesn't care whether it is
trees or shrubs -don't take out the parking spaces . He suggested that motorists will be
"flying through" the southern part of the parking lot -they will want to get their gas and get
out of there. Mr. Lawrence stated that if this proposal is approved, he will be out of busi-
ness; there is no way his business can survive if customers have to walk that far to buy a
sandwich. He asked how is this fair to put long-time establishments out of business be-
cause of a proposed use that is too large for the site. He emphasized that he has had his
Subway Shop in this location for 12 years, and the treatment he and other north perimeter
businessmen are receiving isn't fair.
Chairman Waggoner asked if anyone else wanted to speak in opposition. No one else
spoke. Chairman Waggoner then asked if there were more questions from the Commis-
sion.
• Mr. Willis asked of the applicant whether the proposed location for the kiosk/pumps was
the only location considered. Mr. Beauparlant stated that a number of different locations
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were considered. Safeway conducted a study to determine how many pumps were
needed; the Safeway representatives also go through location review and market studies;
the proposed kiosk and pumps will be located in the least used portion of the Safeway site.
Mr . Beauparlant noted that the routes for tanker access to the underground tanks were also
a point of consideration in locating the kiosk and pumps.
Chairman Waggoner stated that if no one else wished to speak, he would entertain a mo-
tion to close the Hearing.
Willis moved:
Schum seconded: The Public Hearing on Case #PUD 2001-02 be closed.
AYES:
NAYS:
ABSTAIN :
ABSENT:
Schum, Willis, Krieger, Mueller, Roth, Waggoner
None
None
Welker, Lathram , Parks
The motion carried.
Chairman Waggoner asked the pleasure of the Commission: do members want to make a
decision this evening, discuss the issue more, or continue the discussion to another date.
He stated that he isn 't sure that he, personally, is ready to make a decision on this issue .
Assistant City Attorney Reid stated that the Public Hearing is closed . The Commission may
discuss the issue tonight, or continue their discussion to the next meeting. Ms . Reid ad-
vised that all discussion on the issue must be "public discussion ".
Mr . Roth stated that there are lot of negatives with this proposal. He stated that he has
done a survey; this will be the largest gas station in Englewood, and he has trouble justifying
this development at this location .
Mr. Willis stated that he has issues with the parking. Chairman Waggoner suggested that
some of the parking issues may not be resolvable , and there are problems with the existing
parking lot layout. Ms . Krieger noted that there are safety problems, and that the Public
Works Department suggested/required some of the modifications ; parking spaces are be-
ing lost. Mr . Willis stated that the proposed location of the kiosk /pumps is not the best.
Ms. Mueller asked if staff was presented or reviewed any other locations for the location of
the fueling station. Ms. Langon responded that the only plans presented to City staff indi-
cated this proposed location for the fueling station .
Ms. Mueller stated that she still isn't sure she agrees there is a need for this gas station .
There is another station within 112 block, and nine other stations within one mile of this loca-
tion . Chairman Waggoner asked whether there is need for another fueling station at all.
Mr . Roth pointed out that one more fueling station may put other older stations out of
business . Ms. Krieger pointed out that Safeway did a study to support the proposed sta-
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tion. Mr. Schum asked if the development and location of the fueling station is driven by a
market study . Mr. Roth pointed out that the fueling station lacks direct access to and from
a street, customers of the gas station will have to go through a parking lot to get to the
pumps. Mr. Roth also pointed out that the base zoning is B-1, Business District, which does
not allow gas stations, and this is why the applicant has chosen to ask for the Planned Unit
Development designation of the site . Mr. Roth reiterated that gas stations are not permit-
ted uses in the B-1 Business District, and that the proposed fueling station will be the big-
gest gas station in Englewood.
Mr. Willis stated that the proposed station does have the advantage of location on the U.S.
285 corridor. Mr. Roth agreed, but reiterated that access to the pumps is horrendous. Mr.
Willis stated that the size of the proposed fueling station is of concern to him. Ms. Krieger
suggested that if the fueling station were a use-by-right, we would be less concerned about
the issue of competition. Mr. Roth stated that the station will have negative impact on
businesses on the north perimeter. Ms. Mueller stated that it is everything together -the
size, access is horrible, the impact on the north perimeter business, and it is not a use-by-
right. Mr. Waggoner noted that the routing for the fuel tankers is bad. Mr. Roth agreed,
but pointed out there are not many alternatives if the PUD and fueling station is approved.
Mr. Schum suggested that the kiosk will attract a lot of pedestrian traffic if they are selling
candy, gum and cigarettes.
Mr. Willis posed the possibility of requesting the applicant to decrease the size of the pro-
posed fueling station. He stated that the existing proposal is just too big. Ms. Krieger
agreed that a smaller size might alleviate some of the parking lot congestion.
Chairman Waggoner reiterated the Commission needs to make a decision at this meeting,
or continue the ir discussion to the next meeting. He suggested that staff be requested to
prepare a list of applicable conditions; set forth compliance with both the District Plan and
the Site Plan. He asked that staff prepare reasons and justification for approval, and for de-
nial of the request.
Mr. Schum stated that two of the absent board members were present for the first phase of
the Hearing, and he would like to have them present when the decision is made. Mr. Willis
stated that in his opinion, the Commission members in attendance at this time can make a
decision now. Ms. Krieger asked if approval could be conditioned on a smaller kiosk/pump
facility .
Assistant City Attorney Reid noted that some members of the Commission missed the first
portion of the Public Hearing, and some members have missed the second portion of the
Public Hearing. All members who read the Minutes of the meetings, and feel they can
make an informed decision may participate in the vote on the decision . Ms. Reid empha-
sized that even though the Commission is requesting staff to prepare justification for ap-
proval and /or denial, it must be made clear that the decision to be rendered is the decision
of the Commission , and not of staff. Ms. Reid also cautioned that the decision cannot be
based on market studies -the Commission must consider testimony received and consider
whether the request meets criteria set forth in the Ordinance.
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Mr. Roth noted that members of the Commission absent this evening should be involved in
the decision.
Schum moved:
Roth seconded: The Planning Commission continue their discussion of Case #PUD
2001-02 to June 18, 2002.
AYES:
NAYS:
ABSTAIN:
ABSENT:
Willis, Krieger, Mueller, Roth, Schum, Waggoner
None
None
Welker, Lathram, Parks
The motion carried.
IV. PUBLIC FORUM
Ms. Carrie Lawrence briefly addressed the Commission, and asked that they carefully pe-
ruse the document regarding the impact of the Safeway Gas Station and consider its impact
on neighboring businesses.
V. DIRECTOR'S CHOICE
A. Ms. Langon distributed copies of the approved Bates Station Comprehensive Plan
amendment.
B. Ms. Langon stated that several meetings have been set aside for study sessions on
issues pertaining to the General Iron Works redevelopment/new zone classifications. She
asked if Commission members might be interested in beginning regular meetings earlier
than 7:00 p.m. -say at 5:30 or 6:00 p .m . -for the study session and then go into the regu-
lar meeting agenda at 7:00 p.m. She emphasized that this is an option for the Commission
to consider .
Mr. Willis stated that he doesn't want "marathon" sessions, and suggested the possibility of
having more meetings rather than longer ones. Mr. Schum stated he would prefer more
meetings rather than longer meetings. Mr. Willis suggested a one hour study session each
week. Ms. Langon pointed out that consultants will be in attendance at many of the study
sessions, and that it may not be productive or cost effective to have them in attendance for
only an hour at a time. Ms. Mueller stated that she thought a two-hour time frame for a
study session was appropriate.
The possibility of rendering a decision on an existing case before the hour of 7:00 p.m., and
the logistics of the meetings were discussed. Ms. Reid pointed out that extra notice of a
change in time would have to be given to anyone with an interest in whatever existing case
was to be considered prior to 7:00 p.m .
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Mr. Willis suggested the possibility of assigning time limitations for agenda items. Mr .
Schum agreed . Chairman Waggoner stated that this might be a good idea, and referenced
the discussion on the case heard earlier this evening.
Cha i rman Waggoner asked what the procedure is for denial of a request before the Com-
mission. Ms . Reid provided Commissioners some basis for denial of requests, such as the
request is not consistent with established criteria, it is an inappropriate use in a specific lo-
cation, the applicant has not presented what is required. Ms. Reid emphasized that the
Commission is not bound by staff recommendation or opinion, and that neither is City
Council bound by a recommendat ion from the Planning Commission .
Ms. Langon pointed out that even if a case is denied by the Planning Commission , the ap-
plicant does have the right to be heard by City Council.
Mr. Will is stated that he thinks most of the time City Council is supportive of recommenda-
tions made by the Planning Commission.
Wording of motions was briefly discussed . Ms. Reid suggested that motions should be
made in a "positive" form -move that something be approved. The vote is then for ap-
proval or against approval.
Ms. Krieger suggested that if the Commission wants to deny a request, a finding of harm to
surround i ng businesses should be made. Brief discussion ensued .
C. Ms . Langon stated that the City is sponsoring a reception for members of boards
and commissions on August 26, 200 2 . This is a way to thank those who volunteer their
time to provide service to the City. Members were asked to please mark their calendars.
D. Ms . Langon addressed staffing issues i n the Community Development Department.
She noted that Mr. Donnelly has submitted his resignation effective June 14th. The Depart-
ment will conduct interviews later this week to fill this position.
Ms. Langon noted that she will not be present on June 18 th, the next Commission meeting;
she has medical procedures scheduled and will not be in the office for a period of time.
VI. ATTORNEY'S CHOICE
Ms. Reid noted that included in the packet is a proposed timeline for the GIW redevelop-
ment project. She suggested that the Commission peruse this timeline, and noted that it is
subject to change .
VII. COMMISSIONER'S CHOICE
Mr. Willis commented on the Commission/City Council meeting the evening of June 3. He
stated that he hoped these meetings with the City Council will become an annual or semi-
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annual event. He stated that he hoped everyone got to say what they wanted to say . Brief
discussion ensued.
Chairman Waggoner asked for an update on CityCenter development. Ms. Langon stated
that Bally Total Fitness Center is nearly ready to open. She noted that the new property
owner at the former Bally location is looking into office usage on that site.
Mr. Willis asked what is going on at the Bank One building -the bank operations are gone.
Ms. Krieger asked if staff could determine where the Bank One operations have moved.
There was nothing further raised for consideration. The meeting was declared adjourned.
kl~/ ,/. dt&--
' I Gertrude G. Welty, Recording Secretacy
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