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11/18/2008 MinutesCITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING November 18, 2008 Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on November 18, 2008. Notice of the meeting was given in The Grand Island Independent on November 12, 2008. Mayor Hornady called the meeting to order at 7:00 p.m. The following City Council members were present: Councilmember's Brown, Haase, Zapata, Nickerson, Gericke, Carney, Gilbert, Ramsey, and Meyer. Councilmember Niemann was absent. The following City Officials were present: City Administrator Jeff Pederson, City Clerk RaNae Edwards, Finance Director David Springer, City Attorney Dale Shotkoski, and Public Works Director Steve Riehle. INVOCATION was given by Mayor Hornady followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Hornady introduced John Henderson, newly hired Waste Water Treatment Superintendent. Mr. Henderson introduced his wife Sylvia. Mayor Hornady introduced Community Youth Council members Zach Stauffer and Sam Schneider. Also mentioned was the CYC Pencil Project. Mayor Hornady wished everyone a Happy Thanksgiving. PRESENTATIONS AND PROCLAMATIONS: Proclamation "American Education Week" November 16-22, 2008. Mayor Hornady proclaimed the week of November 16-22, 2008 as "American Education Week". Katie Ramsey representing the Grand Island Education Association was present to receive the proclamation. Proclamation "Employer Support for the Guard and Reserves". Mayor Hornady proclaimed support for the Guard and Reserves. Joe Cook was present to receive the proclamation. ADJOURN TO BOARD OF EQUALIZATION: Motion by Nickerson, second by Zapata, carried unanimously to adjourn to the Board of Equalization. #2008-BE-7 -Consideration of Benefits for Sanitarv Sewer District No. 523: Lots 1-8 & Lots 22-31 of Westwood Park 2°d Subdivision and Sanitarv Sewer District 525: Lot 8 & 9 of Westwood Park Subdivision. Steve Riehle, Public Works Director reported work had been completed on Sanitary Sewer District's No. 523 and No. 525 for a total amount of $326,428.95 and that the City Council in its' capacity as the Board of Equalization was required to determine those benefits. Motion by Meyer, second by Ramsey to approve Resolution #2008-BE-7. Upon roll call vote, all voted aye. Motion adopted. RETURN TO REGULAR SESSION: Motion by Nickerson, second by Zapata carried unanimously to return to Regular Session. PUBLIC HEARINGS: Public Hearing on Request from Mick Brown for Conditional Use Permit for Temporary Parking Lot Located at 4811 Gold Core Drive. Craig Lewis, Building Department Director reported that Mick Page 2, City Council Regular Meeting, November 18, 2008 Brown had applied for a Conditional Use Permit for a temporary parking lot at 4811 Gold Core Drive. It was recommended council approve the conditional use permit for one year with the following conditions: 1) a landscape buffer of 50' along the west boundary adjacent to Gold Core Drive needs to be provided to comply with the setback and landscape requirements of the City Code; and 2) the responsibility of controlling any dust created from the temporary parking lot needs to be addressed by the applicant during any dry months throughout the duration of the use. No public testimony was heard. Public Hearing on Redevelopment Plan for the CRA Area #2 for Property Located at 2623, 2707 and 2709 South Locust Street. Chad Nabity, Regional Planning Director reported that South Pointe Development LLC had submitted proposed amendment to the redevelopment plan that would provide for the construction of an 80+ room hotel at 2709 South Locust Street. Requested was the use of TIF financing through the CRA. No public testimony was heard. ORDINANCES: #9198 -Consideration of Annexation Property Located at 908 East Capital Avenue (Final Reading) Chad Nabity, Regional Planning Director reported this was the final reading to annex property located in the S1/2 of the SW1/4 of Section 3-11-09 at 908 East Capital Avenue for the purpose of hooking up to city sewer services. Motion by Gericke, second by Brown to approve Ordinance #9198 on fmal reading. Upon roll call vote, all voted aye. Motion adopted. Councilmember Gilbert moved "that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinances numbered: #9199 -Consideration of Assessments for Sanitary Sewer District No. 523; Lots 1-8 & Lots 22-31 of Westwood Park 2°d Subdivision and Sanitary Sewer District No. 525; Lot 8 & 9 of Westwood Park Subdivision #9200 -Consideration of Amendments to Chapter 5 of the Grand Island City Code Relative to Animals (This item was pulled from the agenda.) be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on first reading and then upon final passage and call for a roll call vote on each reading and then upon final passage." Councilmember Ramsey second the motion. Upon roll call vote, all voted aye. Motion adopted. Ordinance #9199 related to the aforementioned Board of Equalization hearing. Motion by Meyer, second by Nickerson to approve Ordinance #9199. City Clerk: Ordinance #9199 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9199 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Page 3, City Council Regular Meeting, November 18, 2008 Mayor Hornady: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9199 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent agenda item G-5 was pulled from the agenda. Motion by Zapata, second by Haase to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of November 4, 2008 City Council Regular Meeting #2008-319 -Approving Final Plat and Subdivision Agreement for Aguilar Subdivision. It was noted that Grand Island Area Habitat Area for Humanity, Inc., owner had submitted the Final Plat and Subdivision Agreement for Aguilar Subdivision located north of 6`h Street and east of Beal Street for the purpose of creating 3 lots. #2008-320 - Approving Final Plat and Subdivision Agreement for Memorial Place Subdivision. It was noted that Tim C. Plat, owner had submitted the Final Plat and Subdivision Agreement for Memorial Place Subdivision located south of Memorial Drive and east of Vine Street approximately 1.255 acres for the purpose of creating 3 lots. #2008-321 -Approving Amendment to the Agreement with Aquaterra Environmental Solutions, Inc. for Major Permit Modifications at the Solid Waste Landfill for an Increase of $18,200.00 and a Revised Contract Amount of $57,936.00. #2008-322 -Approving Change Order No. 1 for Street Improvement Project No. 2008-P-4; Concrete Pavement Repair on the Northbound Lanes of US Highway 281 from Old Potash Highway to Capital Avenue with The Diamond En ing,, Bering Company of Grand Island, Nebraska for an Increase of $18,875.64 and a Revised Contract of $172,495.64. (This item was pulled from the Agenda at the request of the Public Works Department.) #2008-323 - Approving Change Order No. 1 for Water Main District 453T, Sanitary Sewer District 522T and Sanitary Sewer Lift Station #22 with The Diamond En ing Bering Companv of Grand Island, Nebraska for an Increase of $1,617.48 and a Revised Contract of $318,003.32. #2008-324 -Approving Rescission of Resolution #2008-207; No Parking, Zone on the West Side of Greenwich Street from Second Street to the Alley One Half Block North. #2008-325 -Approving Certificate of Final Completion for the Purchase of Furnishing for Building Six (6~pansion at the Wastewater Treatment Plant with Eakes Office Plus of Grand Island, Nebraska. #2008-326 -Approving Certificate of Final Completion for the Furnishing of WAS Holding Tank Diffusers Proiect 2008-WWTP-1 at the Wastewater Treatment Plant. #2008-327 -Approving Certificate of Final Completion for the Installation of WAS Holding Tank Diffusers Project 2008-WWTP-2 at the Wastewater Treatment Plant. #2008-328 -Approving Contract for Natural Gas Supply to Burdick Station with Seminole Energy Services of Denver, Colorado. Page 4, City Council Regular Meeting, November 18, 2008 #2008-329 - Approvine Bid Award for Coal Pulverizer Separator Tons and Classifier Assemblies at Platte GeneratingLStation with Southwestern Pulverizer Performance Company of Ft. Collins, Colorado in an amount of $123,400.00. #2008-330 -Approving Redevelopment Plan for the CRA Area #2 for Property Located at 2623, 2707 and 2709 South Locust Street. #2008-331 -Approving Community Video Tour Book Agreement with CGI Communications, Inc. of Rochester, New York at No Cost to the City. RE .UESTS AND REFERRALS: Consideration of Request from Mick Brown for Conditional Use Permit for a Temporary Parking Lot Located at 4811 Gold Core Drive. This item related to the aforementioned Public Hearing. Motion by Meyer, second by Haase to approve the request from Mick Brown for a Conditional Use Permit at 4811 Gold Core Drive with the following conditions: 1) a landscape buffer of 50' along the west boundary adjacent to Gold Core Drive needs to be provided to comply with the setback and landscape requirements of the City Code; and 2) the responsibility of controlling any dust created from the temporary parking lot needs to be addressed by the applicant during any dry months throughout the duration of the use. Upon roll call vote, all voted aye. Motion adopted. Approving Appointment of Troy Hughes as Fire Chief. Mayor Hornady submitted the name of Troy Hughes as Fire Chief and recommended Council's approval. Motion by Meyer, second by Haase to approve Troy Hughes as Fire Chief. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Brown, second by Haase to approve the Claims for the period of November 5, 2008 through November 18, 2008, for a total amount of $3,537,795.54. Motion adopted unanimously. ADJOURNMENT: The meeting was adjourned at 7:30 p.m. RaNae Edwards City Clerk