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09/26/2000 Minutes I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING September 26, 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, on September 26, 2000. Notice of the meeting was given in the Grand Island Independent on September 20,2000. Council President Doug Samuelson called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Larson, Hosier, Seifert, Preisendorf, Ward, Samuelson, Murray and Sorensen. Councilmember Pielstick, Whitesides and Mayor Gnadt were absent. The following City Officials were present: City Administrator MarIan Ferguson, City Clerk RaNae Edwards, Finance Director David Springer, City Attorney Charlie Cuypers and Steve Riehle Public Works Director. PLEDGE OF ALLEGIANCE was said. RESERVE TIME TO SPEAK ON AGENDA ITEMS: Two individuals reserved time to speak on agenda items. PUBLIC HEARINGS: Public Hearing on Request of Purple Lady LLC dba Peacock Lounge, 2430 North BroadwelL for Class "C" Liquor License. RaNae Edwards City Clerk, reported that Wanda Smith, President, representing Purple Lady LLC dba Peacock Lounge, 2430 North Broadwell, had submitted an application with the City Clerk's Office for a Class "C" Liquor License. Ms. Edwards offered the following exhibits for the record: Application submitted to the Liquor Control Commission and received by the City on September 6, 2000; notice to applicant of date, time and place of hearing mailed September 6, 2000; notice to general public of date, time, and place of hearing published on September 13, 2000; departmental reports as required by law; and Chapter 4 of City Code. Approval was recommended. No public testimony was heard. Public Hearing on Request of Rockv Newman, 1423 West Division, for Conditional Use Permit for Construction of a Garage. Craig Lewis, Building Department Director, reported that Rocky Newman, 1423 West Division, had submitted a request for a Conditional Use Permit to allow for construction of a garage. Approval was recommended. No public testimony was heard. ORDINANCES: Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinances numbered: I I I Page 2, City Council Regular Meeting, September 26, 2000 #8623 - Considering Amending Ordinance #8606 Relative to Zoo Employees #8624 - Considering Amending Chapter 16-11 of the City Code Relative to Burning Permits 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 upon final passage and call for a roll call vote on each reading and then upon final passage. Counci1member Seifert seconded the motion. Upon roll call vote, all voted aye. Motion adopted. Council President Samuelson: Is there anyone in the audience interested in any of these ordinances? Brenda Sutherland, Personnel Director, reported that Ordinance #8623 was required to authorize retro pay to five zoo employees that had finished their probationary period before the Salary Ordinance was effective and there was no pay scale in place. Chief Jim Rowell, reported that Ordinance #8624 was required to amend Chapter 16-11 of the Grand Island City Code relative to open burning permits. Currently individual permits are required for citizens who wish to bum leaves and brush during a designated two-week period in the spring and fall of each year. This ordinance would eliminate the individual permits during those two-week periods each year. City Clerk: Ordinances #8623 and #8624, 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 was adopted unanimously. City Clerk: Ordinances #8623 and #8624, 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 was adopted unanimously. Council President Samuelson: By reason of the roll call votes on first reading and then upon final passage, Ordinances #8623 and #8624, are declared to be lawfully passed and adopted upon publication as required by law. CONSENT AGENDA: Counci1member Samuelson noted that item G6d had been pulled from the agenda and item G6c would need to be addressed separately. Motion by Ward, second by Larsen, carried unanimously to approve the Consent Agenda excluding items G6d and G6c. Approving Official Documents for Garbage and Refuse Haulers Permits for LTSC, Inc. dba Clark Brothers Sanitation, Mid-Nebraska Disposal, Inc., Scott's Hauling and Central Waste Disposal/Third City Sanitation/Umme1 Sanitation. Approving Minutes of September 12, 2000 City Council Regular Meeting. Approving Minutes of September 19, 2000 City Council Study Session. Approving Request for Purple Lady LLC dba Peacock Lounge, 2430 North Broadwell, for Class "C" Liquor License. I I I Page 3, City Council Regular Meeting, September 26,2000 Approving Request of Wanda Smith, 1024 Claude Road, for Liquor Manager Designation for Purple Lady LLC dba Peacock Lounge, 2430 North Broadwe11. Approving Request of Michael Garris, 4010 Manchester Road, for Liquor Manager Designation for Sunrnart Bottle Shop #760, 2211 North Webb Road. Approving Request of Rockv Newman, 1423 West Division, for Garage Addition. Approving Use of City Sidewalks and Temporary Food Stands for Harvest of Harmony Parade, October 7, 2000. #2000-277 - Awarding Bid for Purchase of Dell Computer Equipment to Dell Computer Corporation of Round Rock, Texas in the Amount of$42,683.00. #2000-278 - Awarding Bid for Purchase of a Computer Server Equipment through State Contract to Dell Computer Corporation, Round Rock, Texas in the Amount of$44,648.00. #2000-281 - Awarding Bid for Triplex Reel Mower to Big Bear Equipment, Inc., of Omaha, Nebraska in the Amount of$l 1,544.00. #2000-282 - A warding Bid for a 2000 Chevrolet Suburban through State Contract to Park Place Chevrolet, Lincoln, Nebraska in the amount of$29,985.45. #2000-283 - Approving Emergency Procurement for Centrifuges Repair to Centrifuge Technology, Inc. of Huston, Texas for an estimated cost of$26,000.00. #2000-284 - Approving Certificate of Final Completion for Pier Lake Enhancement Proiect Engineering Services. #2000-285 - Approving Certificate of Final Completion for Pier Lake Shoreline Sidewalk Proiect. #2000-286 - Approving Certificate of Final Completion for Asphalt Maintenance Proiect 2000- AC-1. #2000-287 - Approving Change Order #1 to Contract with Galvan Construction for Pier Lake Shoreline Sidewalk Installation. It was noted that the Parks and Recreation Department had developed Change Order #1 to the contract for Pier Lake Shoreline Sidewalk Installation and that the Change Order had a net increase of $1,611.00 for a total revised contract amount of $49,502.25. #2000-288 - Approving Change Order #1 to Contract with Diamond Engineering Company for Electrical Proiect 2000-UG-1 - Downtown Alleys Phase 2. It was noted that the Utilities Department had developed Change Order #1 to the contract for Electrical Project 2000-UG-1 - I I I Page 4, City Council Regular Meeting, September 26, 2000 Downtown Alleys Phase 2 and that the Change Order had a net decrease of $5,980.00 for a total revised contract amount of $443,950.60. #2000-289 - Approving Change Order #4 to Contract with Werner Construction Company for South Locust Proiect No. EACSTPAA-5415(1). It was noted that the Public Works Department had developed Change Order #4 to the contract for South Locust Project No. EACSTP AA- 5415(1) and that the Change Order had a net increase of$840.00. #2000-290 - Approving Change Order #5 to Contract with Werner Construction Company for South Locust Proiect No. EACSTPAA-5415(1). It was noted that the Public Works Department had developed Change Order #5 to the contract for South Locust Project No. EACSTP AA- 5415(1) and that the Change Order had a net increase of$5,062.85. #2000-279 - Approving Bid for Physical Fitness Testing - Fire Department to Grand Island Clinic, Inc. in the Amount of $11.132.00 and Excel Physical Therapy in the Amount of $2,655.00. It was noted by Fire Chief Jim Rowell that this was a change from what was in the packet as the original bidder had withdrawn their bid making this change necessary. Motion by Murray, second by Sorensen, carried unanimously to approve Resolution #2000-279. Motion adopted. RESOLUTIONS: #2000-291 - Approving Economic Development Policy with NorthWestern Public Service. It was reported by Charlie Cuypers, City Attorney, that in 1999, NorthWestern Public Service negotiated as part of the settlement on gas rate application for an annual economic development contribution with Grand Island in the amount of $86,000; Kearney - $56,000 and North Platte - $46,000. It has been requested by NorthWestern that these cities adopt a uniform policy for managing these funds. Councilmember Murray questioned whether we could use the existing EDC Committee. Mr. Cuypers stated that some communities have used an existing committee and some have formed new committees, however it would be up to the City Council to decide. Motion by Murray, second by Larsen, carried unanimously to approve. Motion adopted. #2000-292 - Approving Report for De-Watering Study. Steve Riehle Public Works Director, reported on the ground water study that had been conducted in conjunction with Central Platte Natural Resources District and Olsson Associates. Kevin Prior, Olsson Associates presented information on findings of the study and recommended that vertical wells be used. Motion by Seifert, second by Ward to approve Resolution #2000-292. Discussion was had on funding, monitoring and assessments of the project. Glendale Reiss, 910 North Boggs, and Lewis Kent, 624 Meves, spoke in opposition. John Brownell, 4309 Quail Lane, spoke in a neutral position to continue to study this issue. Several Councilmembers requested that this item be taken to a study session. Councilmember Murray offered a friendly amendment that the resolution be amended to allow for approval of the report but not the implementation and to refer this issue to a Study Session. The friendly amendment was accepted by Councilmembers Seifert and Ward. Upon roll call vote, all voted aye. Motion adopted. I I I Page 5, City Council Regular Meeting, September 26,2000 #2000-293 - Approving Rescission Agreement with Hall County on Sale of Southern Public Power Building. Charlie Cuypers City Attorney, reported that on July 11, 2000 the Council approved Resolution #2000-207 whereby the City reacquired the undivided one-half interest from Hall County for the former Southern Nebraska Rural Public Power District building. In reviewing the transaction, the County Attorney found that one of the provisions in state statutes pertaining to the sale of real estate by a county requires that any such sale involve a public auction. It has been requested that the City rescind the contract which was approved on April 12, 1999, whereby the County acquired the undivided one-half interest for the former Southern Nebraska Rural Public Power District building. Motion by Larsen, second by Seifert, carried unanimously to approve. Motion adopted. PAYMENT OF CLAIMS: Motion by Murray, second by Sorensen , carried unanimously to approve the Claims for the period of September 13 through September 26, 2000, claims #95095, #94368, #94926, #94652, #94598, #94477,#94404, #94282, #94230, #96281, #88649, #93566 and #96373 through #96969, for a total claims amount of $3,969,066.43. Upon roll call vote, motion was adopted unanimously. ADJOURNMENT: The meeting was adjourned at 8:10 p.m. Respectfully submitted, Qcf\ClL~ RaN ae Edwards City Clerk * Claims #96970 through #97013 were approved at the September 26, 2000 Regular City Council Meeting.