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06/13/2000 Minutes I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING June 13, 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, 100 East First Street. Notice of the meeting was given in the Grand Island Independent on June 7, 2000. Council President Doug Samuelson called the meeting to order at 7:00 p.m. The following members were present: Council President Samuelson, Councilmembers Larson, Hosier, Seifert, Whitesides, Preisendorf, Ward, Murray, and Sorensen. Mayor Gnadt and Councilmember Pielstick were absent. The following City Officials were present: City Administrator Marlan Ferguson, City Clerk Cindy Johnson, Public Works Director Steve Riehle, City Attorney Charlie Cuypers, and Finance Director David Springer. PLEDGE OF ALLEGIANCE was said. REQUEST TIME TO SPEAK ON AGENDA ITEMS: Four individuals reserved time to speak on agenda items. PRESENTATIONS AND PROCLAMATIONS: Cindy Johnson, City Clerk, reported that the Mayor had proclaimed June 14, 2000 Flag Day in Grand Island. Louise Pearson, 1415 Piper Road, was recognized by the Council for saving the life of 11 year old Brandon Wissing who was attacked by a dog. Pat Downs, Economic Development Corporation, presented the City Council with a plaque commemorating the groundbreaking of the expanded Thompson Company. PUBLIC HEARINGS: Public Hearing on Acquisition of Utility Easement from Hall County School District #2, Wasmer School. Gary Mader, Utilities Director, reported that acquisition of a utility easement located on the north side of the intersection of Charles and Greenwich Streets, next to the new Wasmer School, was required in order to have access to relocate a fire hydrant and that the original plan relocated the fire hydrant at the southwest corner of Charles and Greenwich Streets but revised plans provided for the fire hydrant to be relocated closer to the school, outside of the City right-of-way, requiring a new easement be required. No testimony was heard. Public Hearing on Acquisition of Alleyway to the East of Kimball Street, Between 2nd and 3rd Streets. Gary Mader , Utilities Director, reported that acquisition of a utility easement located in the alleyway to the east of Kimball Street, between 2nd and 3rd Streets was required and that this easement would be used to locate a transformer as part of the Downtown Underground Project. No public testimony was heard. I I I Page 2, City Council Regular Meeting, June 13,2000 Public Hearing on Acquisition of Utility Easement South of 4th Street and Directly to the East of Vacated Lambert Street. Gary Mader, Utilities Director, reported that acquisition of a utility easement located south of 4th Street and directly to the east of vacated Lambert Street in the northwest corner of Lot 1 in Plummer Subdivision was required and would be used to provide a new electric service for a new welding shop to be located at this site. No public testimony was heard. Public Hearing on Development of Proposed FY 2000-2001 Annual Budget. Marlan Ferguson, City Administrator, reported that pursuant to City Council direction relative to public input on the budget, a preliminary hearing had been scheduled for the City Council Meeting to gather citizen and community group direction for the 2000-2001 Municipal Budget. Doyle Hulme, 2829 Brentwood Boulevard, spoke on behalf of the Council on International Visitors and requested consideration of $500 per year funding. No additional public testimony was heard. Public Hearing on Request of Waste Connection for Conditional Use Permit for Paper Recycling Center at 147 East Roberts Street. Craig Lewis, Building Inspections Director, reported that Doug Lueth, representing Waste Connections, Inc., dba Central Waste Disposal, had submitted a request with the City Clerk's Office for a Conditional Use Permit to allow for implementation of a paper recycling facility at 147 East Roberts. No public testimony was heard. Public Hearing on Acquisition of Property South of Union Pacific Railroad and its Intersection with Webb Road. Steve Paustian, Parks and Recreation Director, reported that the Parks and Recreation Department was recommending the acquisition of approximately 22.281 acres south of Union Pacific Railroad and its intersection with Webb Road for current recreational and future cemetery land use. It was noted that the property was currently owned by Fred H. & Maxine Bosselman, Jerome W. & Doralene F. Niedfelt and Ernie J. & Janice M. Thayer who had agreed to sell the property to the City of Grand Island for cemetery land use and that the purchase price for the 22.281 acres had been established at $345,000. Jim Greer, 637 East McArthur, spoke in opposition to the purchase and stated that the future widening of Webb Road would require part of this property. Public Hearing on Acquisition of Property at 1306 West Third Street. Charlie Cuypers, City Attorney, reported that at the City Council Meeting of April 12, 1999, Ordinance #8472 was approved conveying one-half interest in property commonly known as the Southern Building to Hall County and that an interlocal agreement had been entered into between Hall County and the City of Grand Island for the purpose of using the Southern Building for the City/County Health Department. Mr. Cuypers reported that after further study was conducted, it was decided that the facility would not serve the purpose for the City/County Health Department and the City and County have agreed that the County's one-half share of the property should be returned to the City at the original price of $250,000, plus a negotiated interest amount. Mr. Cuypers noted that the negotiated interest amount had not been finalized so no action could be taken by the Council this evening, other than holding the Public Hearing. No public testimony was heard. ORDINANCES: I I I Page 3, City Council Regular Meeting, June 13,2000 Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinances numbered: #8594- Vacation of Easement Between 2312 and 2306 Gateway Avenue #8595 - Creation of Street Improvement District #1233, Juergen Road to Serve a Portion of the Platte Valley Industrial Site #8596 - Creation of Sanitary Sewer District #492, R & B Subdivision #8597 - Creation of Sanitary Sewer District #493, Potash Subdivision #8598 - Amending Salary Ordinance #8599 - Amending Chapter 26 of City Code Relative to Adoption of 1997 Uniform Plumbing Code 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 each ordinance on its first reading and then upon its final passage. Second by Preisendorf. Upon roll call vote, all voted aye. Motion adopted unanimously. Council President: Is anyone in the audience interested in any of these ordinances? Councilmember Seifert requested that Steve Riehle, Public Works Director, review Title 124 relative to septic systems. Mr. Riehle stated that the Department of Environment Quality was getting more concerned with seepage of nitrates into the groundwater and had imposed more stringent regulations relating to the replacement of septic systems and that the costs of new systems would be comparable to the costs for connecting to the City system. City Clerk: Ordinances #8594, #8595, #8596, #8597, #8598, and #8599 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 aye. Motion adopted unanimously. City Clerk: Ordinances #8594, #8595, #8596, #8597, #8598, and #8599 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 aye. Motion adopted unanimously. Council President: By reason of the roll call votes on the first reading and then upon their final passage, Ordinances #8594, #8595, #8596, #8597, #8598, and #8599 are declared to be lawfully passed and adopted upon publication as required by law. CONSENT AGENDA: Motion by Seifert, second by Larson, carried unanimously to approve the Consent Agenda, minus G-lO (Approving Acquisition of Property at 1306 West Third Street) . Approving Minutes of May 23, 2000 City Council Regular Meeting and June 7, 2000 City Council Special Session. Approving Appointment of Dianne Miller to the Regional Planning Commission for a Term to Expire October 31,2002. I I I Page 4, City Council Regular Meeting, June 13,2000 Approving Appointments of Joe Cook, Michael J. Horn, M.C., Lea Thomas, and Michael P. Kneale to the Library Board. Approving Appointment of Brenda Sutherland as Personnel Director. Approving Request of Great Race Committee for Use of Public Streets for June 17, 2000 and June 18, 2000 for Sale of Popcorn. Approving Request of Waste Connections for Conditional Use Permit for Paper Recycling Operation at 147 East Roberts Street. #2000-166- Awarding Bid for Water Main Project 2000-W-l to The Diamond Engineering Company, Grand Island, Nebraska, in the Amount of $69,160.95. #2000 -167 - Awarding Bid for Playground Equipment to Churchich Recreation, Omaha, Nebraska in the Amount of $21,066 and PRS Associates, Bismarck, North Dakota, in the Amount of $17,576. #2000-168 - Approving Acquisition of Utility Easement from Hall County School District #2, Wasmer School. #2000-169 - Approving Acquisition of Utility Easement in Alleyway to the East of Kimball Street, Between 2nd and 3rd Streets. #2000-170 - Approving Acquisition of Utility Easement South of 4th Street and Directly to the East of Vacated Lambert Street. #2000-171- Approving Final Plat and Subdivision Agreement for Goodwill Third Subdivision. It was noted that Central Nebraska Goodwill Industries, Inc., owner, had submitted the final plat for Goodwill Second Subdivision, located between Lincoln A venue and South Locust Streets north of Stolley Park Road and that this plat proposed to replat Lot 2 of Goodwill Subdivision into two lots fronting onto Locust and Lincoln Avenue. Councilmember Larson abstained from this vote. #2000-172 - Approving Final Plat and Subdivision Agreement for Westwood Park Fifth Subdivision. It was noted that Rudolph Plate, Jeannice Plate, and Tim Plate, owners, had submitted the final plat for Westwood Park Fifth Subdivision, located north of Faidley Avenue and west of Sweetwood Drive and that this plat proposed to create 21 new residential lots. #2000-173 - Approving Certificate of Final Completion for Sanitary Sewer District #490, The Village. #2000-174 - Approving Certificate of Final Completion for Brush Blasting/Painting for Island Oasis Water Park. #2000-175 - Approving Acquisition of Property at 1306 West Third Street. This item was removed from the agenda at the request of the City Attorney. I I I Page 5, City Council Regular Meeting, June 13,2000 RESOLUTIONS: #2000-176 - Consideration of Resolution of Intent Relative to Provision of Municipal Solid Waste Collection Service. Steve Riehle, Public Works Director, reported that as discussed at the City Council Study Session of May 2, 2000, the Solid Waste Division of the Public Works Department commissioned a Solid Waste Management Review by Olsson Associates, in partnership with Franklin Associates and that an overview of the Solid Waste Management operations and significant changes over the past three years had been presented. Mr. Riehle stated that due to the considerable loss of revenues of operating the landfill and transfer station, several options had been recommended, one of those being for the municipality to provide for the collection of municipal solid waste through contract with private haulers or with municipal crews and equipment. It was noted that Nebraska Statute 18-1752 required any municipality which intended to provide or expand municipal solid waste collection service in an area where collection of solid waste had been provided by a private entity proclaim, by resolution, its intent to begin municipal solid waste collection, whether by use of municipal employees and equipment or by contract. Mr. Riehle explained that the Statutes provided that the municipality shall not commence municipal solid waste collection for one year after the resolution of intent was approved. Motion by Murray, second by Seifert to approve. Les Woodward, Doniphan, and Dave Pinter, representing Waste Connections, Darrelll Dey, 244 Vandergrift Avenue, and Jim Greer, 637 East McArthur, spoke in opposition to the Resolution. Councilmember Preisendorf stated that this was an avenue to assist the landfill tobecome more efficient and noted that the landfill was bonded and that this Resolution would just provide a tool to allow the Cit to adjust to the change in the market conditions. Steve Riehle, Public Works Director, stated that the staff was looking at a number of the suggestions made by the consultant and reviewing their processes to become more cost efficient. Councilmember Ward stated that trash collection business in Grand Island was very efficient and that he would hate to go to municipal operation of this business. Councilmember Sorensen spoke in opposition to the City taking over trash collection. Councilmember Seifert stated that if the local haulers decided to go somewhere else, the City would be sitting with bonds and property of $6 million. Upon roll call vote to adopt the Resolution, Larson, Hosier, Seifert, Preisendorf, Ward, Samuelson, and Murray voted aye. Sorensen voted nay. Motion adopted. #2000-177 - Approving Acquisition of 22 Acres of Land South of Union Pacific Railroad and its Intersection with Webb Road. Motion by Larson, second by Murray to adopt Resolution #2000-177. Councilmember Preisendorf questioned how much of the right of way would be lost when Webb Road was widened. Steve Riehle, Public Works Director, reported that 17' off one side would be needed. Councilmember Sorensen questioned whether the environmental assessment had been completed. MarIan Ferguson, City Administrator, reported that the contract provided that environmental testing of the property be conducted and anything that is found would be removed at the expense of the seller. It was noted that the cost for the testing would be shared by the City and the owners. Councilmember Ward asked for a comparison of the appraised value versus the purchase price. It was noted that the I I I Page 6, City Council Regular Meeting, June 13,2000 appraised value was $379,000 and the purchase price was $345,000. Upon roll call vote to approve, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Ward, second by Seifert, carried unanimously to approve the Claims for the period of May 24 through June 13, claims #91581 and 91600 through #92421 with the deletion of a duplicate payment in the amount of $29.95 on Claim #91972 and the reduction of Claim #91994 from $766.51 to $430.51 for a revised disbursement total of $2,769,497.99. ADJOURNMENT: The meeting was adjourned at 8:10. Respectfully submitted, (]U1fb A I<) ~vU Cindy ;&nson City Clerk