OVERLAND PARK CITY COUNCIL MEETING. December 18, 2006

Transcription

1 OVERLAND PARK CITY COUNCIL MEETING December 18, 2006 Mayor Carl R. Gerlach called the Overland Park City Council meeting to order at 7:35 p.m. The following members were present, constituting a quorum: Mr. Terry Goodman, Council President; Mr. George Kandt; Mr. Jim Hix; Ms. Marcia A. Gilliland; Mrs. Terry Happer Scheier; Mr. Fred Spears; Mr. Dave Janson; Mr. John H. Thompson; Mr. Curt Skoog; Mrs. Donna Owens; Mr. Dan Stock; and Mr. David White. Also present were: Mr. John Nachbar, City Manager; Mr. Roger Peterson, Director of Planning and Development Services; Mr. Bob Jones, Director of Human Resources; Mr. John Douglass, Police Chief; Mr. Bryan Dehner, Fire Chief; Mr. Bart Budetti, Senior Assistant City Attorney; Mr. Doug Brown, Director of Public Works; Mrs. Vicki Irey, Director of Information Technology; Mr. Mike Santos, Deputy City Attorney; Mr. Matthew Jordan, Assistant City Manager; Mrs. Kristy Stallings, Deputy City Manager; Mr. Dave Scott, Chief Financial Officer; Mr. Bill Ebel, City Engineer; Mr. Sandy Queen, Golf Course Operations Manager; Mr. Scot Smith, Senior Network Support Technician; and Ms. Pamela Blaszyk, Recording Secretary. Approximately 25 people were in the audience. PLEDGE OF ALLEGIANCE Mayor Gerlach led the audience in the Pledge of Allegiance. Mayor Gerlach welcomed some students from the Shawnee Mission West Government class. Mayor Gerlach also recognized a member of Boy Scout Troop No. 282 sponsored by the Leawood United Methodist Church. MAYOR CARL R. GERLACH No report. CITY MANAGER JOHN NACHBAR No report. CONSENT AGENDA: FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT COMMITTEE ITEMS: 2007 ANNUAL CALENDAR OF MEETINGS

2 Page 2 STAFF ITEMS: COUNCIL MINUTES September 18 and October 16, CAPITAL PROJECTS EXPENDITURE ORDINANCE NO. 12B Outlining the expenditures from the Capital Projects funds for December 7 through December 13, APPLICATION FOR NEW DRINKING ESTABLISHMENT LICENSE CONTINGENT ON RECEIVING STATE LICENSE - Smith and Lomshek Holdings, L.L.C., d/b/a Talk of the Town, W. 119th Street, Steven J. Reynolds, manager. APPLICATIONS FOR RENEWAL OF DRINKING ESTABLISHMENT LICENSES CONTINGENT ON RECEIVING STATE LICENSES: Carrabba's Italian Grill, d/b/a Carrabba's Italian Grill, Metcalf, Michael Schaefer, manager. Chipotle Mexican Grill, Inc., d/b/a Chipotle Mexican Grill, 7040 W. 135th Street, Jerrod Soza, new manager. Darryl's of Overland Park, Inc., d/b/a J. Gilbert's Wood Fired Steaks, 8901 Metcalf, William Cusick, manager. Old Chicago of Kansas, Inc., d/b/a Old Chicago, Metcalf, Paul McCrae, manager. Thai Place Restaurant, d/b/a Thai Place Restaurant, Quivira, Lee Hall, manager. Thai Treasure, Inc., d/b/a Thai Treasure Restaurant, 7948 W. 151st Street, Philrey Pamatmat, manager. Tys International, Inc., d/b/a South Gin Japanese Restaurant, 9559 Nall, John E. Symmonds, manager. APPLICATIONS FOR NEW CEREAL MALT BEVERAGE LICENSES: Brian W. Norton, d/b/a Blue Valley Recreation Complex, 9701 W. 137th Street, Brian W. Norton, manager. Copper Nail, Inc., d/b/a Dud's N Suds, 9982 W. 87th Street, Fati Azizi, manager. Mr. Gyros Restaurant Group, Inc., d/b/a Mr. Gyros Restaurant Group, Inc., 8575 W. 135th Street, Chris Jovaras, manager. APPLICATIONS FOR RENEWAL OF CEREAL MALT BEVERAGE LICENSES: CEC Entertainment, Inc., d/b/a Chuck E Cheese's, Metcalf, Maria Hernandez, manager.

3 Page 3 PUBLIC SAFETY COMMITTEE ITEMS: KMart Corporation, d/b/a Big KMart No. 4443, 9401 Metcalf, Sandra Ellsworth, manager. Costco Wholesale, d/b/a Costco Wholesale No. 369, Blue Valley Parkway, Bruce A. Miles, manager. Chartroose Caboose, d/b/a Chartroose Caboose, Metcalf, Robert Slagle, new manager. AGREEMENT Matt Skogen for the retirement and release of police canine Baron. WAIVE BID PROCESS AND NEGOTIATE PURCHASE Sprint Nextel, using WSCA and State of Kansas contract for use of wireless broadband cards in an amount not to exceed $57,000. AGREEMENT Dr. Lester E. Richardson, D.O., for emergency medical director services in an amount not to exceed $25,000. AGREEMENT Consolidated Fire District No. 2 of Northeast Johnson County for fire protection services in the amount of $490,239. AUTHORIZE CREATION OF ONE ANIMAL CONTROL OFFICER FOR THE POLICE DEPARTMENT Not to exceed $137,635 for salary, vehicle purchase and related vehicle fuel and maintenance expenses, equipment and supplies associated with the additional position MODEL YEAR VEHICLE PURCHASE Mid-America Regional Council (MARC) for the purchase of 2007 Model Year Vehicles MODEL YEAR VEHICLE PURCHASE Shawnee Mission Ford using the Mid-America Regional Council (MARC) bid for the purchase of ten (10) 2007 Ford Crown Victoria Police Interceptor vehicles in the amount of $215, MODEL YEAR VEHICLE PURCHASE Shawnee Mission Ford using the Mid-America Regional Council (MARC) bid for the purchase of a 2007 Ford E-350, 1-ton, Cargo Van in the amount of $19,999. WAIVE BID PROCESS AND AUTHORIZATION TO NEGOTIATE PURCHASE Shawnee Mission Ford for Havis Shield Kwik-Kit Prisoner Transport Insert in the amount of $14,936. ORDINANCE NO. POC-2644 Regarding the public offense code as it relates to the unauthorized possession of a weapon in City-owned buildings; criminal use of weapons; concealed carry prohibitions; criminal disposal of firearms; unlawful discharge of firearms; and confiscation and disposition of weapons.

4 Page 4 STAFF ITEMS: APPLICATIONS FOR RENEWAL OF MASSAGE THERAPY LICENSES: Dales Athletic Club, West 88th Street, Jeff Wiard, applicant. International Hair and Day Spa, 7301 West 80th Street, Travis Phillips, applicant. APPLICATIONS FOR RENEWAL OF MASSAGE THERAPY AND IN-OFFICE MASSAGE THERAPY LICENSES: Body Mind and Spirit, 4500 West 107th Street, Jonquil S. Baugh, applicant. Integrative Medical Specialists, L.L.C., 9359 West 75th Street, Dr. Diane K. Diehn, N.M.D., applicant. COMMUNITY DEVELOPMENT COMMITTEE ITEMS: REPORT FROM COMMUNITY DEVELOPMENT COMMITTEE MEETING HELD DECEMBER 14, ORDINANCE NO. BC-2635 Adopting the 2006 International Building Codes. DEANNA ROSE CHILDREN S FARMSTEAD DAIRY BARN Request for additional funding for operation of the dairy barn in 2007 in the amount of $112,500. WAIVE CONSULTANT SELECTION PROCESS AND AUTHORIZATION TO NEGOTIATE CONTRACT Consultant services for the architectural design of a farmstead entry building and general store for the Deanna Rose Children s Farmstead, in the amount of $115,000. AGREEMENT The Friends of the Farmstead and The Arts and Recreation Foundation of Overland Park, Inc., for the position of a Farmstead Dairy Barn Coordinator. WAIVE BID PROCESS AND AUTHORIZATION TO NEGOTIATE PURCHASE Purchase of artifacts and antique equipment for the Deanna Rose Farmstead using funds from the farmstead donation account. AUTHORIZATION OF MOLD ABATEMENT AND REPAIRS Kemper Farm Main House, vicinity of 179th Street and Switzer, in the amount of $55,000 in Special Parks and Recreation funds and $25,000 in contingency funds.

5 Page 5 WAIVE CONSULTANT SELECTION PROCESS AND AUTHORIZATION TO NEGOTIATE CONTRACT Engineering consulting services for the design and analysis of two streamway crossings in the vicinity of Tomahawk Creek in Nottingham South Park, between Antioch and Metcalf, and Tomahawk Creek in Deerbrook Park, vicinity of 141st Street and Switzer, in an amount not to exceed $30,000. INFORMATIONAL ITEM Change 2007 Community Development Committee meeting date from Wednesday, February 7 to Thursday, February 8, (Change reflected on Annual Calendar presented for Governing Body approval). Mr. George Kandt asked that the item regarding a waiver of the bid process and the negotiation of a purchase from Sprint Nextel for wireless broadband cards be removed from the Consent Agenda. He indicated that he would abstain from voting on this item. Mr. Jim Hix asked that the item regarding the 2007 Annual Calendar of Meetings be removed from the Consent Agenda so that the calendar could be amended. Mr. Terry Goodman moved to approve the Consent Agenda as presented with the exception of the referenced items that were removed. The motion was seconded by Mrs. Donna Owens and carried with a roll-call vote of 12 to 0. Mr. Goodman moved to waive the bid process and authorize staff to negotiate a purchase from Sprint/Nextel, using the WSCA and State of Kansas contract, for the use of wireless broadband cards in an amount not to exceed $57,000. The motion was seconded by Mrs. Terry Happer Scheier and carried with a vote of 11 to 0 to 1 with Mr. Kandt abstaining. Mr. Hix moved to approve the 2007 Annual Calendar of meetings as printed with the addition of the January 22, 2007, legislative dinner in Topeka. The motion was seconded by Mr. Goodman and carried with a vote of 12 to 0. REGULAR AGENDA: PUBLIC WORKS COMMITTEE REPORT: Marcia A. Gilliland, Chair REPORT FROM PUBLIC WORKS COMMITTEE MEETING HELD DECEMBER 18, Ms. Marcia A. Gilliland indicated that Director of Public Works Doug Brown would present the report. Mr. Brown stated that tonight at the Public Works Committee meeting that immediately preceded this meeting, the Public Works Committee unanimously recommended the following items to the Council for approval. First, the Committee recommended the approval of the 2006 Systems Engineering Contract limit increase to $250,000 so the software integration work for the Traffic Incident Management Project could be awarded to the existing software vendor, TransCore. Second, the Committee

6 Page 6 approved the variance from the design standards for 54th Terrace from Goodman to Foster. Third they recommended the renaming of the Shawnee Mission Maintenance Facility located at West 91st Street, to the Dennis R. Garrett Public Works Maintenance Facility. Fourth, the Committee recommended the approval of the waiver of the commodities bid process and to authorize staff to negotiate for technical services to replace the fuel management and dispensing equipment. Fifth, the Committee recommended the approval of the Dynamic Message Sign survey as amended. Finally, the Committee recommended a waiver of the bid process and to authorize staff to negotiate a contract with Cargill Deicing, the vendor for proposal requests, annual contracts and releasing of purchase orders for rock salt as recommended by staff. Ms. Gilliland moved to approve the referenced items from the December 18, 2006, Public Works Committee meeting as recommended by staff. The motion was seconded by Mr. Fred Spears and carried with a vote of 12 to 0. STAFF REPORT: BID TABULATION Traffic Signal Installations 125th Street and Quivira, 147th Street and Metcalf, and 133rd Street and Switzer. BID TABULATION One Walk Behind Mini Track Loader Mr. Brown indicated that staff was recommending the award of the low bid in the amount of $438,000 to J. Warren Company, Inc., for the traffic signal installation project for 125th Street and Quivira, 147th Street and Metcalf, and 133rd Street and Switzer. Mr. Brown noted that staff was recommending the acceptance of the only bid from K.C. Bobcat, Inc., in the amount of $15, for a walk behind mini track loader. Ms. Gilliland moved to accept the low bid from J. Warren Company, Inc., in the amount of $438,000 for the traffic signal installation project and the bid from K.C. Bobcat, Inc., in the amount of $15, for a walk behind mini track loader as recommended by staff. The motion was seconded by Mr. Spears and carried with a vote of 12 to 0. CHANGE ORDER NO. 1 McCownGordon Construction, L.L.C., for the Overland Park Remodel Projects (Antioch Justice Center, Sanders Justice Center and Tomahawk Ridge Community Center) and the Municipal Court Security building Addition for an additional amount of $6,611,238, subject to approval by the Law Department. Mr. Brown indicated that staff was recommending the approval of the Change Order in the amount of $6,611,238 to the contract with McCownGordon Construction, L.L.C., for the Overland Park remodel projects including the Antioch Justice Center, Sanders Justice Center, Tomahawk Ridge Community Center and the Municipal Court Security Building addition. The Change Order would be subject to approval by the Law Department. Ms. Gilliland moved to approve Change Order No. 1 to the contract with McCownGordon Construction, L.L.C., for the Overland Park remodel projects including the Antioch Justice Center, Sanders Justice Center, Tomahawk Ridge

7 Page 7 Community Center and the Municipal Court Security Building addition for the additional amount of $6,611,238 subject to approval by the Law Department. The motion was seconded by Mrs. Happer Scheier and carried with a vote of 12 to 0. ADDENDUM NO. 1 TO AGREEMENT TransCore, for On Demand Consulting Engineering Services for Systems Engineering Projects, for the procurement of software modules and the integration of these modules into the City s traffic signal control system for a total fee of $240,000. Mr. Brown stated that staff was recommending the approval of Addendum No. 1 to the agreement with TransCore for on demand consulting engineering services for systems engineering projects, for the procurement of software modules and the integration of these modules into the City s traffic control system for a total fee of $240,000. Ms. Gilliland moved to approve Addendum No. 1 to the agreement with TransCore for on demand consulting engineering services for systems engineering projects, for the procurement of software modules and the integration of these modules into the City s traffic control system for a total fee of $240,000. The motion was seconded by Mr. Spears and carried with a vote of 12 to 0. AGREEMENT George Butler Associates, Inc., for operation of a web site for the Kansas City Metro Materials Board s use in verifying the quality of concrete materials in municipal projects. Mr. Brown indicated that staff was recommending the approval of the agreement with George Butler Associates, Inc., for the operation of a web site for the Kansas City Metro Materials Board s use in verifying the quality of concrete materials in municipal projects. Ms. Gilliland moved to approve the agreement with George Butler Associates, Inc., for the operation of a web site for the Kansas City Metro Materials Board s use in verifying the quality of concrete materials in municipal projects. The motion was seconded by Mr. Spears and carried with a unanimous vote. FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT COMMITTEE REPORT: Jim Hix, Chair No report STAFF REPORT: ORDINANCE NO. B-2649 Authorizing the City to issue its Federally Taxable Private Activity Revenue Bonds, Series 2006 (Quintiles, Inc., Project), in the principal amount of $34,500,000, for the purpose of financing the acquisition and construction of a research facility, including real estate, buildings and improvements; authorizing the issuer to enter into a trust indenture with Commerce Bank, N.A., as trustee; authorizing the issuer to enter into a lease agreement with TKC XCVI, L.L.C.; and authorizing and approving the execution of certain other documents and the taking of other actions in connection with the issuance of said bonds.

8 Page 8 Deputy City Manager Kristy Stallings presented Ordinance No. B-2649 for consideration. She explained that this ordinance would authorize the issuance of Economic Development Revenue Bonds on behalf of the Quintiles project. She noted that a handout had been distributed regarding a revision to the ordinance that was included in the original packet. The revision reduces the total amount of the issue from $34,500,000 to $30,500,000 and as it relates to authorization of documents in Section 3 adds some additional items that the City s bond counsel felt would be appropriate for inclusion in the bond ordinance. Mr. Hix moved to approve Ordinance No. B-2649 relating to the Federally Taxable Private Activity Revenue Bonds, Series 2006, on behalf of the Quintiles project, with the revision reducing the total amount of the issue to $30,500,000 and as it relates to the authorization of documents in Section 3 some additional items that the City s bond counsel felt would be appropriate for inclusion as recommended by staff. The motion was seconded by Mrs. Happer Scheier and carried with a roll-call vote of 12 to 0. RESOLUTION NO Describing the corporate limits and boundaries of the City. City Attorney Bob Watson stated that during the year 2006, the City annexed four pieces of ground. Therefore, the state law requires that the Governing Body adopt a resolution that redefines and redescribes the entire boundary of the City including the four newly annexed parcels. He noted that a map was included in the Staff Comments that depicted where the parcels were located. Staff was recommending the approval of Resolution No Mr. Hix moved to approve Resolution No describing the corporate limits and boundaries of the City. The motion was seconded by Mr. Kandt and carried with a vote of 12 to 0. PUBLIC SAFETY COMMITTEE REPORT: Terry Happer Scheier, Chair BID TABULATION Netmotion Software. Mrs. Happer Scheier stated that she asked Director of Information Technology Vicki Irey to provide an explanation of this software. Mrs. Irey stated that staff was recommending the low bid from Mobile Wireless, L.L.C., in the amount of $25,437 for the purchase of Netmotion software. She explained that this software will allow the computers in police cars to connect without disruption to the main data computers from three wireless options including wireless cards, the 700 megahertz radio system and hot spots on City buildings. Mrs. Happer Scheier moved to accept the bid from Mobile Wireless, L.L.C., in the amount of $25,437 for Netmotion software. The motion was seconded by Mr. Kandt and carried with a vote of 12 to 0.

9 Page 9 STAFF REPORT: No report. COMMUNITY DEVELOPMENT COMMITTEE REPORT: John H. Thompson, Chair No report. STAFF REPORT: WAIVE CONSULTANT SELECTION PROCESS AND AUTHORIZATION TO NEGOTIATE CONTRACT CE Golf Design for the design and preparation of the plans and specifications for six new golf holes at St. Andrews Golf Course. Golf Course Operations Manager Sandy Queen indicated that staff was recommending the waiver of the consultant selection process and to authorize staff to begin negotiating a contract with Todd Clark of CE Golf Design for golf course design services. This would be for the six new golf holes at St. Andrews Golf Course to accommodate the proposed soccer complex. The contract would be in several phases, but the first phase would be the work required to submit applications for the required permits for work in the floodplain. Staff wanted to present a recommended contract to the Council on January 8, Mr. John H. Thompson moved to waive the consultant selection process and authorize staff to negotiate a contract with CE Golf Design for golf course design services as recommended by staff. The motion was seconded by Mr. Curt Skoog and carried with a vote of 12 to 0. BID TABULATION Golf Course and Park Turf Equipment. Mr. Queen indicated that staff was recommending the acceptance of the bid from Turf and Golf Technology, Inc., for golf course and park turf equipment. Mr. Queen explained that they just completed their first three-year lease of equipment for the Parks and Recreation Department and the golf courses, and it was a positive experience. This is a unique process, since at the end of the lease the company takes back the equipment. The key part of the lease is the fact that they have a maintenance agreement for the equipment so the City has no additional costs in maintaining the fleet. They put out bids and requested a three- to four-year option. Based on their past experience, they were recommending the approval of a four-year lease as the best option. The low bidder was Turf and Golf Technology, Inc., for an annual cost of $319,944 and a total cost of $1,279,776 for the four years. They had a request from one of the bidders, Kelly Beisner from Turf Professional Equipment Company an opportunity to address the Council. Mr. Kelly Beisner, West 139th Terrace, Olathe, stated that he was present on behalf of Turf Professional Equipment Company and the Toro Company. He noted that for the past three years his company has been the turf equipment and service provider for the City of Overland Parks golf courses and parks department. He thanked the City, the golf courses and the Parks and Recreation Department for the partnership they have had for the past three years. When the partnership first

10 Page 10 started, it was an opportunity for both Turf Professionals and the Toro Company. The idea of an all-inclusive equipment and service package where an equivalent provider completes all maintenance services related work and the customer was responsible for daily maintenance was an idea both Toro and other companies have been contemplating and working on, and this opportunity was a good fit. One month ago, the new equipment and service bid was requested. The bid was submitted and, unfortunately, they were not the low bidder. This was disappointing to Turf Professionals and the Toro Company. While they were the high bid, it was due to the costs they experienced with the current package and the level of work they provided in the new bid including loaner fleet, technician availability of their technicians, parts shipped in daily at no cost to the City and designed to meet and exceed all the expectations of the bid. They understand that the diligence taken to review each providers proposal and the direction the City may go. They enjoyed working with the City for the last three years, and he hoped they saw the value of the quality of service they provided. He felt that the price they offered was in line with the level of service the bid required. If for any reason a new provider cannot meet the obligations, Turf Professionals and the Toro Company will be there to assist the City. Mr. Beisner thanked Director of Parks and Recreation Jim Cox, Mr. Queen, Manager Parks and Forestry Greg Ruether, and staff for the past three years. Turf Professionals and the Toro Company appreciated the experience of working closely with them and hoped that the City felt the same. Mr. Beisner, account executive, for Turf Professionals and Commercial, Mr. Mike Murphy, the vice president for Turf Professionals and Commercial and Mr. Mike Anderson, Turf Professionals Equipment Company. Mayor Gerlach expressed appreciation for those comments and noted that someday the City may once again use the services of Turf Professionals. Mr. Thompson moved to accept the low bid from Turf and Golf Technology, Inc., for a four-year lease of golf course and park turf equipment for a four-year period of time for the annual cost of $319,944 and a total cost of $1,279,776. The motion was seconded by Mr. Skoog and carried with a vote of 12 to 0. BID TABULATION One (1) Hydraulic Disc Style Brush Chipper. Mr. Queen indicated that staff was recommending the purchase of one hydraulic disc style brush chipper from Vegetation Management Supply, Inc., in the amount of $26,500. He explained that although the budgeted amount was $18,000, they received significantly less than they anticipated for the trade-in. They believed it was the best and most responsive bid. They would have sufficient funds within the Parks and Recreation Department to cover the cost difference with the bid. Mr. Thompson moved to accept the bid from Vegetation Management Supply, Inc., in the amount of $26,500 for one hydraulic disc style brush chipper. The motion was seconded by Mr. Skoog and carried with a unanimous vote. BID TABULATION One (1) 80 Horse Power BackHoe/Loader. Mr. Queen noted that staff was recommending the acceptance of the low bid from Murphy Tractor and Equipment Company in the amount of $46,500 for the purchase of one 80 horse power backhoe/loader.

11 Page 11 Mr. Thompson moved to accept the low bid from Murphy Tractor and Equipment Company in the amount of $46,500 for the purchase of one 80 horse power backhoe/loader. The motion was seconded by Mr. Skoog and carried with a vote of 12 to 0. RECOMMENDATIONS FROM THE PLANNING COMMISSION PLANNING COMMISSION CONSENT AGENDA: ACCEPTANCE OF RIGHT-OF-WAY FINAL PLAT NO Blue Valley District Office Campus No. 1, vicinity of the southwest corner of 149th Street and Metcalf. Application made by SK Design Group, Inc. The Planning Commission approved this item on November 27, 2006, by a vote of 8 to 0. ACCEPTANCE OF RIGHT-OF-WAY FINAL PLAT NO Ranch Villas by the Green, vicinity of the southeast corner of 127th Street and Pflumm. Application made by Haven Development Group, IV, Inc. The Planning Commission approved this item on November 27, 2006, by a vote of 8 to 0. REVISED PRELIMINARY PLAN APPROVAL Compass Corporate Centre, vicinity of the southwest corner of College Boulevard and King Street. Application made by Polsinelli Shalton Welte Suelthaus PC. The Planning Commission approved this item on November 27, 2006, by a vote of 9 to 0. SPECIAL USE PERMIT NO West 135th Street. A special use permit is requested for a five-year period of time to allow an arcade. This property is currently zoned CP-2, Planned General Business District. Application made by Beach Bums Restaurants. The Planning Commission approved this item, for a one-year period of time, on November 27, 2006, by a vote of 9 to 0. Ordinance No. Z Mayor Gerlach provided an opportunity for members of the audience to discuss the Revised Preliminary Plan for the Corporate Compass Centre and Special Use Permit No There was no response. Mr. Goodman moved to approve the Planning Commission Consent Agenda as stipulated. The motion was seconded by Mrs. Happer Scheier and carried with a rollcall vote of 12 to 0. PLANNING COMMISSION REGULAR AGENDA ACCEPTANCE OF RIGHT-OF-WAY FINAL PLAT NO Crystal Springs Third Plat, vicinity of the northwest corner of 135th Street and Long. Application made by Crystal Springs, L.L.C. The Planning Commission approved this item on June 26, 2006, by a vote of 8 to 0. (Continued from the December 4, 2006, Council meeting). Director of Planning and Development Services Roger Peterson stated that staff was requesting that the Acceptance of Right-of-Way, Final Plat No for Crystal Springs Third Plat, be continued to the January 8, 2007, Council meeting. He explained that the applicant continued to work on some legal matters pertaining to the moving of some graves within an existing cemetery.

12 Page 12 Mr. Goodman moved to continue the Acceptance of Right-of-Way, Final Plat No , Crystal Springs Third Plat, to the January 8, 2007, Council meeting. After a second by Mrs. Happer Scheier, the motion carried with a vote of 12 to 0. OLD BUSINESS No report. NEW BUSINESS WAIVER OF CONFLICT OF INTEREST Stinson Morrison Hecker, L.L.P., (Sprint)(Verizon); Lewis, Rice and Fingersh, L.C. (First Kansas State Partnership). Deputy City Attorney Mike Santos indicated that he was presenting three matters pertaining to waivers of conflict of interest involving specific law firms. Mr. Goodman moved to waive any conflict of interest created by the Stinson Morrison Hecker, L.L.P., law firm providing legal counsel to Sprint in regard to the proposed entertainment district project, and to authorize the Mayor to execute the necessary conflict waiver documents. The motion was seconded by Mrs. Happer Scheier and carried with a vote of 12 to 0. Mr. Goodman moved to waive any conflict of interest created by the Stinson Morrison Hecker, L.L.P., law firm providing legal counsel to Verizon in regards to a telecommunications tower lease agreement with the City and to authorize the Mayor to execute the necessary conflict waiver documents. The motion was seconded by Mrs. Happer Scheier and carried with a unanimous vote. Mr. Goodman moved to waive any conflict of interest created by the Lewis, Rice and Fingersh, L.C., law firm representing First Kansas State Partnership in a condemnation law suit filed by the City and authorized the Mayor to execute the necessary conflict waiver documents. The motion was seconded by Mrs. Happer Scheier and carried with a vote of 12 to 0. ADJOURNMENT: At 8:05 p.m., Mr. Goodman moved to adjourn the meeting. After a second by Mr. Kandt, the motion carried with a vote of 12 to 0. Minutes transcribed by Pamela Blaszyk. ATTEST: Carl R. Gerlach, Mayor Marian Cook, City Clerk