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01/10/2000 Minutes I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING January 10, 2000 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. Notice of the meeting was given in the Grand Island Independent on January 5, 2000. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Larson, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Ward, Samuelson, Murray and Sorensen. The following City Officials were present: City Administrator Marlan Ferguson, City Clerk Cindy Johnson, Public Works Director Steve Riehle, City Attorney Charlie Cuypers, and Interim Finance Director Larry Fox. PLEDGE OF ALLEGIANCE was said, followed by presentation on It's About Kids! by Christine Haney, Family Preservation Grant Coordination. PRESENTATIONS AND PROCLAMATIONS: Presentation of Twenty Year Service Award to Julie Shaver-Frandsen, Utilities Department. I Presentation by Betty Curtis on Honsebold Hazardous Waste Collection Day. Recognition of Roger Luebbe for Christmas Tree Decorations/Lighting. Presentation by Police Chief Kyle Hetrick and Mayor Gnadt to Officer Rita Hemmer, Sergeant Dale Hildebrand, Officer Rick Ressell, Officer Jim Olson, Officer Kevin Burkstrom, Officer Jim Titsworth, Officer Kelly Mossman, and Officer Dan Buhrman for Distinguished Service.- PUBLIC HEARINGS: Public Hearing on Acquisition of Utility Easement Located East of South Locust Street, South of Midaro Drive. Steve Riehle, Public Works Director, reported that acquisition of a utility easement located east of South Locust Street, south of Midaro Drive, was required in order to construct, operate, maintain, extend, repair, and replace public utilities. No public testimony was heard. I Public Hearing on Request for Change of Land Use Designation for Property Located Immediately North of 13th Street and Approximately IA Mile West of Highway 281. Chad N abity, Regional Planning Director, reported that Michael Flodman, owner, had submitted a request to rezone property located immediately north of 13th Street and approximately 1/4 mile west of Highway 281, from Transitional Agriculture (TA) Zone to Residential Office (RO) Zone in order to allow the use of the property to be converted from residential/agricultural to residential/office uses. No public testimony was heard. I I I Page 2, City Council Regular Meeting, January 10, 2000 Public Hearing on Reversion of Change of Land Use Designation for Property Located at 12th Street and Evans Street. Chad N abity, Regional Planning Director, reported that the Regional Planning Department had submitted a request to return the 9.4 acres of property located at 12th Street and Evans Street, from Residential Development (RD) Zone to Transitional Agriculture (T A) Zone inasmuch as the developer had proposed to construct low to moderate income housing at this site but the property had not been improved for over 18 months. Mr. Nabity noted that the City Code provided that if the development of the land is not initiated within 18 months of the change of land use, the property reverted to the Transitional Agriculture Zone designation. No public testimony was heard. Public Hearing on Request for Change of Land Use Designation for Property Located West of Highway 281 and North of Husker Highway. Chad N abity, Regional Planning Director, reported that Phillip Stoffregen, Executive Vice President of Pedcor Investments, Indianapolis, Indiana, had submitted a request to rezone 62.7 acres of property located immediately west of Highway 281 and north of Husker Highway, from Transitional Agriculture (T A) Zone to General Business (B2) and High Density Residential (R4) Zones and that the purpose of the request was to develop this tract for multi-family residential and commercial purposes. Ron Depue, attorney representing Pedcor, and David Anderson and Thomas Koontz representing Pedcor were present to speak in support of the application. No additional public testimony was heard. Public Hearing on Declaration of a Site Within the Redevelopment Area #1 in the City of Grand Island, Nebraska As Blight and Substandard. Dianne Kelley, Community Redevelopment Authority Director, reported that in 1995, the City Council adopted Resolution #95-313 designating a segment of the City located generally in the central and northeastern part of the City, as Blight and Substandard Area #1 and that Redevelopment Plan #1, developed in conjunction with this blight-substandard study, provided general guidelines for planning and redevelopment activities for the area. It was noted that this Plan, completed by Hanna: Keelan, Lincoln, Nebraska, defined infrastructure improvements, rehabilitation and adaptive reuse of vacant building, screening and buffering between commercial and residential areas, code enforcement, planned public spaces, and recommended redevelopment activities, and complies with the guidelines established in the City Comprehensive Plan. Mrs. Kelley stated that due to changes in the State Statutes, effective in 1999, it was now required that there be a reaffirmation of the determination of blight and substandard conditions, public notice, and a public hearing prior to entering into tax increment finance projects within an area which was designated as blighted and substandard prior to 1999. Mrs. Kelley added that in anticipation of potential redevelopment, a site and specific study had been completed for the area known as the Old Walnut School and generally described as bounded on the north by 6th Street, on the south by 5th Street, on the east by Elm Street, on the west by a north/south line at the approximate midblock between vacated Cleburn Street and Eddy Street. No public testimony was heard. Public Hearing on Request of Ramos, Inc., 410 East Fourth Street, for Class "I" Liquor License. Cindy Johnson, City Clerk, reported that Jose Ramos Yanez, President, representing Ramos, Inc., 410 East Fourth Street, had submitted an application for a Class "I" Liquor License. Ms. Johnson introduced the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on December 21, 1999; notice to the applicant of date, time, and place of hearing mailed on December 22, 1999; notice to the general public of date, time, and place of hearing published on December 27, 1999; Chapter 4 of City 2 I I I Page 3, City Council Regular Meeting, January 10, 2000 Code and departmental reports as required by law. John Boehm, attorney for Ramos, Inc., was present on behalf of the application. No additional public testimony was heard. Public Hearing on Request of Treco, Inc., dba Trey's, 3404 West 13th Street, for Class "C" Liquor License. Cindy Johnson, City Clerk, reported that James Allen Pendergraft III, President, representing Treco, Inc., dba Trey's, 3404 West 13th Street, had submitted an application for a Class "C" Liquor License. Ms. Johnson introduced the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on December 20, 1999; notice to general public of date, time, and place of hearing published on December 27, 1999; notice to applicant of date, time, and place of hearing mailed on December 22, 1999; Chapter 4 of City Code and departmental reports as required by law. No public testimony was heard. Public Hearing on Proposed Amendment to Chapter 33 of City Code Relative to Installation of Sanitary Sewer and Water Systems in Subdivisions. Chad Nabity, Regional Planning Director, reported that amendments were proposed to Chapter 33 of the City Code to address regulations relative to development along existing right-of-ways with existing improvements without requiring the installation of sewer and water lines if there were no plans to provide connections in the near future. Mr. Nabity added that this amendment would revise the Code to allow for the platting of properties adjacent to existing right-of-way without the requirement of constructing dry sanitary sewer and water in the existing right-of-way where trunk water and sanitary sewer lines do not currently exist or construction of is not planned for in the next few years and that construction of dry water and sanitary sewer would be required within the subdivision where right-of-way was dedicated with the subdivision so the construction may happen before the street was paved and the area developed. No public testimony was heard. ORDINANCE: Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that Ordinances numbered: #8552 - Consideration of Request for Change of Land Use Designation for Property Located North of 13th Street and 1,4 Mile West of Highway 281 from Transitional Agriculture (TA) Zone to Residential Office (RO) Zone #8553 - Consideration of Request for Change of Land Use Designation for Property Located at 12th Street and Evans Street, from Residential Development (RD) Zone to Transitional Agriculture (T A) Zone #8554 - Consideration of Request for Change of Land Use Designation for Property Located Immediately West of Highway 281 and North of Husker Highway from Transitional Agriculture (T A) Zone to General Business (B2) and High Density Residential (R4) Zones #8555 - Consideration of Amendment to Chapter 33 of City Code Relative to Installation of Sanitary Sewer and Water Systems in Subdivisions 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 the Ordinances on their first reading and then 3 I I I Page 4, City Council Regular Meeting, January 10, 2000 upon final passage and call for a roll call vote on each reading and final passage. Second by Preisendorf. Upon roll call vote, all voted aye. Motion adopted. Mayor: Is there anyone in the audience interested in any of these ordinances? Councilmember Seifert questioned whether the development west of Highway 281 and north of Husker Highway included green space and playground equipment. The Pedcor representatives indicated that there would be a club house, pool and playground facilities and the City's landscaping requirements would be met. Councilmember Pielstick questioned whether the impact on the school system had been considered. Mr. Koontz responded that the units would be phased in over time and it was anticipated that the majority of the new residents were already living within three miles from the development so there should not be a major influx. It was also noted that the unit mix of the apartments did not lend itself to a high number of children. Councilmember Whitesides questioned the average rental cost. Mr. Anderson responded that the average rent for a one bedroom would be $390 - $475; two bedroom $485 - $585; and three bedroom $625. City Clerk: Ordinances #8552, #8553, #8554, and #8555 on their first reading. All those in favor of the passage of these ordinances on first reading, answer roll call vote. Upon roll call vote, all voted unanimously in support of Ordinances #8552, #8554 and #8555. Councilmember Pielstick voted in opposition to Ordinance #8553. Motion to approve Ordinances on first reading was adopted. City Clerk: Ordinances #8552, #8553, #8554, and #8555 on their final passage. All those in favor of the passage of these ordinances on final passage, answer roll call vote. Upon roll call vote, all voted unanimously in support of Ordinances #8552, #8554 and #8555. Councilmember Pielstick voted in opposition to Ordinance #8553. Motion to approve Ordinances on final passage was adopted. Mayor: By reason of the roll call votes on the first reading and then upon final passage, Ordinances #8552, #8553, #8554, and #8555 are declared to be lawfully passed and adopted upon publication as required by law. CONSENT AGENDA: Councilmember Preisendorf requested that item G6f be removed from the Consent Agenda. Councilmember Samuelson requested that item G6d be removed from the Consent Agenda. Councilmember Sorensen requested that items G5 a and b be removed from the Consent Agenda. Motion by Seifert, second by Whitesides, carried unanimously to approve the Consent Agenda, minus G6d, G6f, and G5a and b. Receipt of Official Documents, including Civil Service Commission Minutes from November 3, 1999 and December 20, 1999. Approving the Minutes of the December 20, 1999 City Council Meeting. Approving Request of Coad Miller for Request for Exception to Driveway Setback Requirements for Property Located at 363 North Cleburn Street. Approving Ratification of Appointment of Chad Nabity as Regional Planning Director. 4 I I I Page 5, City Council Regular Meeting, January 10, 2000 Request of Pamela K. Dunlap HOff for Liquor Manager Designation for Bosselman, Inc., dba Pump and Pantry #15, 2028 East Highway 30. Approving Request of Treco, Inc., dba Trey's, 3404 West 13th Street, for Class "C" Liquor License. Approving Request of James Pendergraft, II for Liquor Manager Designation for Treco, Inc., dba Trey's, 3404 West 13th Street. #2000-1 - Awarding Bid for Drug Testing for Commercial Driver's License Drivers to STA United, Lincoln, Nebraska. #2000-2 - Awarding Bid for Mower to St. Paul Equipment, St. Paul, Nebraska, in the Amount of $13,999. #2000-3 - Awarding Bid for Pickup Truck for Police Department to Anderson Ford, Grand Island, Nebraska, in the Amount of $21,081. #2000-5 - Approving Contract with Capital City Concepts, Lincoln, Nebraska, for Salary Survey Consultant Services in an Amount Not to Exceed $19,500. #2000-7 - A warding Bid for Ballfield Lighting to Electric Services Company, Grand Island, Nebraska, in the Amount of $27,665. #2000-8 - Approving Acquisition of Utility Easement Located East of South Locust Street, South of Midaro Drive. #2000 - 9 Approving Final Plat and Subdivision Agreement for Schaaf's Fourth Subdivision. It was noted that Rudolf F. and Jeannice R. Plate and Tim C. Plate, owners, had submitted the final plat for Schaaf's Fourth Subdivision, located 450' north of Seedling Mile Road and immediately west of Gunbarrel Road and that this plat proposed to develop four residential lots of over 20,000 square feet to accommodate future single family dwellings. #2000-10 - Approving Agreement Relative to Transfer (Subordination) of Real Estate Lien for Community Development Property at 928 South Sycamore Street. #2000-11 - Approving Agreement with State of Nebraska Department of Roads for Construction Project Management and Inspection for Construction of Five Lanes and Wood River Floodway Bridge on South Locust Street, South of Highway 34. #2000-12 - Approving Submission of Grant Application in the Amount of $205,000 to Nebraska Department of Environmental Quality Relative to Landfill Compactor. Approving Request of Ramos, Inc., 410 East Fourth Street, for Class "I" Liquor License. Motion by Murray, second by Samuelson to approve the request of Ramos, Inc. for a Class "I" Liquor License contingent upon final inspections. Councilmember Sorensen stressed that there needed to be plans for policing the area inasmuch as many of the residents in the area had voiced concern about noise and activity levels. Mr. Boehm, attorney representing Ramos, Inc., stated that the lease agreement provided for policing and keeping up the area. 5 I I 'I Page 6, City Council Regular Meeting, January 10, 2000 Councilmember Pielstick stated that this was a neighborhood area with children around and that parties had already been held in the building. Mr. Boehm noted that his client had not yet taken possession of the building and the lease would not be effective until January 15 so any activity in the building was not his clients. Upon roll call vote to approve the request, Councilmembers Larson, Seifert, Ward, Preisendorf, Samuelson and Murray voted aye. Pielstick, Hosier, Sorensen and Whitesides voted nay. Motion adopted. Approving Request of Jose Ramos Yanez for Liquor Manager Designation for Ramos, Inc., 410 East Fourth Street. Motion by Murray, second by Samuelson to approve the request. Upon roll call vote to approve the request, Councilmembers Larson, Seifert, Ward, Preisendorf, Samuelson and Murray voted aye. Pielstick, Hosier, Sorensen and Whitesides voted nay. Motion adopted. #2000-4 - Approving Contract for Engineering Services for Wading Pool Replacement. Steve Paustian, Parks and Recreation Director, reported that the Parks and Recreation Department, Recreation Division, had submitted a request for awarding a proposal for engineering services for wading pool replacement for Grace Abbott, Pier Park, and Lincoln Park pools and that three proposals had been received. It was noted that the proposal deemed to best meet the needs of the City had been submitted by Olsson Associates, Grand Island in an amount not to exceed $36,262. Councilmember Samuelson moved to table approving the contract until information had been received on the proposed aquatic facility being discussed as cooperative venture with school system and the YMCA. Motion died for lack of a second. Motion by Pielstick, second by Whitesides to approve the contract. Councilmember Whitesides noted that the wading pool served a different range of individuals than the full size pools did. Councilmember Pielstick agreed and noted that the upgrading of the wading pools was a necessity. Motion was adopted unanimously. #2000-6 - Awarding Bid for Asbestos Removal, Southern Building, to Environmental Direct, Inc., Grand Island, Nebraska, in the Amount of $29,909. Craig Lewis, Building Inspections Director, reported that two bids had been received for the removal of asbestos from the former Southern Building and that these bids were less than what was previously bid. Councilmember Preisendorf stated that he had received a telephone call from a concerned constituent relative to the cost of the asbestos removal. Mr. Lewis stated that asbestos was determined to be in a number of places and that the low bid was reasonable. Motion by Samuelson, second by Seifert, carried unanimously to approve. RESOLUTIONS: #2000-13 - Approving Determination of Site Within the Redevelopment Area #1 as Blight and Substandard. Motion by Samuelson, second by Seifert, carried unanimously to approve. #2000-14 - Approving Intent to Bond Paving Petition Programs. Steve Riehle, Public Works Director, reported that in order for the City to consider bonding for various street improvement petition programs located throughout the City it was necessary for the City Council to adopt a Resolution of Intent to Bond. It was noted that the Resolution of Intent would ensure that bonding was a funding option but did not bind the City to bonding if other financing mechanisms were subsequently chosen and that in the event the City decided to pursue bonding for these Projects, a public hearing must be held prior to the issuance of the bonds in accordance with State Statutes. Motion by Larson, second by Seifert, carried unanimously to approve. 6 I I I Page 7, City Council Regular Meeting, January 10, 2000 PAYMENT OF CLAIMS: Motion by Samuelson, second by Murray, carried unanimously to approve the Claims for the period of December 21, 1999 through January 10, 2000, claims #84272 and #85930 through #86458, minus Claim #86253 ($60). Councilmember Whitesides abstained on voting on Claim #086365. ADJOURNMENT: The meeting was adjourned at 8:10 p.m. Respectfully submitted, &fc& cl(:)0/2eV^--. Cindy K. J&hnson) City Clerk 7