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03/13/2001 Minutes I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING March 13,2001 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 March 13,2001. Notice of the meeting was given in the Grand Island Independent on March 7,2001. Mayor Ken Gnadt called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Pielstick, Seifert, Larson, Hornady, Whitesides, Haase, Murray, Walker and Sorensen. Councilmember Ward was absent. The following City Officials were present: City Administrator Marlan Ferguson, City Clerk RaNae Edwards, Finance Director David Springer, City Attorney Charlie Cuypers and Steve Riehle Public Works Director. PLEDGE OF ALLEGIANCE was said followed by an It's About Kids! Assets were presented by Stacy England. RESERVE TIME TO SPEAK ON AGENDA ITEMS: Four individuals reserved time to speak on agenda items. PRESENTATION AND PROCLAMATIONS: Mayor Gnadt and Roger Andrews representing Groundwater Guardian's recognized Chris Schall and Lien Phan, along with their instructor, Alan Cook, for placing 1 st and 2nd in their efforts at the 22nd Annual Statewide Model Bridge Building Contest held at the Edgerton Exp10rit Center in Aurora. Roger Andrews, Jonna Jackson, Jennifer Nelson, Bob Kuzelka, Sandy Keenan and Sunny Welch representing Groundwater Guardians presented the Mayor and City Council with the Groundwater Guardian Award. #2001-61 - APPROVING DESIGNATION OF "GROUNDWATER CAPITAL OF THE WORLD" FOR THE CITY OF GRAND ISLAND. Roger Andrews reported that the City of Grand Island is fortunate to have an enormous supply of high quality groundwater in an aquifer ranging in thickness from 30 feet to 250 feet. This water is used to supply not only all domestic, municipal, and industrial uses in the county but have been extensively used for irrigation. The Children's Groundwater Festival held in Grand Island promotes and educates children concerning our groundwater and the environment. It had been recommended that the City of Grand Island be designated as "The Groundwater Capital of the W orId." Motion by Sorensen, second by Whitesides, carried unanimously to approve. I I I Page 2, City Council Regular Meeting, March 13, 2001 BOARD OF EQUALIZATION: Motion by Larson, second by Sorensen, carried unanimously to adjourn to the Board of Equalization. #2001-61-BE-7 - Determining Benefits for Street Improvement District #1233, Juergen Road. Steve Riehle, Public Works Director, reported that in its capacity as the Board of Equalization, it was necessary for the City Council to consider the assessment of benefits associated with Street Improvement District #1233. Motion by Murray, second by Sorensen, carried unanimously to approve Resolution #2001-61-BE-7. RETURN TO REGULAR SESSION: Motion by Pielstick, second by Murray, carried unanimously to return to Regular Session. PUBLIC HEARINGS: Public Hearing on Acquisition of Utility Easement Located in the Alleyway Between 2nd Street and 3rd Street, East of Eddy Street (Douglas Bookkeeping Service, Inc.) Gary Mader, Utilities Director, reported that acquisition of a utility easement located in the alleyway between 2nd Street and 3rd Street, east of Eddy Street, was required in order to have access to install an old fashioned streetlight to match the others in the Downtown Project area. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located in the Alleyway Between 2nd Street and 3rd Street, 66' East of Eddy Street (Douglas Bookkeeping Service, Inc.) Gary Mader, Utilities Director, reported that acquisition of a utility easement located in the alleyway between 2nd Street and 3rd Street, east of Eddy Street, was required in order to have access to install an old fashioned streetlight to match the others in the Downtown Project area. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located in the Alleyway Between 2nd Street and 3rd Street, East of Elm Street (Northwestern Public Service Company). Gary Mader, Utilities Director, reported that acquisition of a utility easement located in the alleyway between 2nd Street and 3rd Street, east of Elm Street, was required in order to have access to install a post mounted, old fashioned light to match the rest of the Downtown Project, and to install new underground service to a building not adjacent to the alley. No public testimony was heard. Public Hearing on Annexation of Property Located North of Husker Highway and East of North Road (Heartland Lutheran High School) Charlie Cuypers, City Attorney, reported that at the City Council Meeting of February 27, 2001, the City resolved to proceed with annexation of certain lands located north of Husker Highway and east of North Road, namely the Heartland Lutheran High School property. As was required by State Law, an annexation plan has been developed and approved, and is on file in the City Clerk's Office. State Statutes require that a public hearing on the proposed annexation be held and that the ordinance providing for the annexation be read, on three separate occasions. The Regional Planning Commission at their meeting of February 7,2001, recommended approval of the annexation. No public testimony was heard. I I I Page 3, City Council Regular Meeting, March 13, 2001 ORDINANCES: Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinance numbered: #8661 - Consideration of Vacation of Easement at Paradise Lakes Estates Fourth Subdivision (Larry & Sandi Schmidt) #8662 - Consideration of Establishing Assessment for Street Improvement District #1233, Juergen Road 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 ordinance on its first reading and then upon final passage and call for a roll call vote on each reading and then upon final passage. Councilmember Murray seconded the motion. Upon roll call vote, all voted aye. Motion adopted. Mayor: Is there anyone in the audience interested in this ordinance? No testimony was heard. City Clerk: Ordinance #8661 and #8662 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. City Clerk: Ordinance #8661 and #8662, 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. Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinances #8661 and #8662, are declared to be lawfully passed and adopted upon publication as required by law. Councilmember Murray moved to approve on first reading Ordinance #8648, seconded by Whitesides, carried unaniomously: #8648 - Consideration of Annexation of Property Located North of Husker Highway and East of North Road (Heartland Lutheran High School) - (First Reading) CONSENT AGENDA: Motion by Pielstick, second by Whitesides, carried unanimously to approve the Consent Agenda. Approving Civil Service Commission Minutes of February 8, 2001. Approving Civil Service Commission Minutes of March 5, 2001. Approving Amended Minutes of Februarv 6, 2001 City Council Regular Meeting. Councilmember Ward abstained. Approving Minutes of Februarv 27, 2001 City Council Regular Meeting. Councilmember Pielstick abstained. I I I Page 4, City Council Regular Meeting, March 13,2001 Approving Request of Lori K. Radke, 609 North White, for Liquor Manager Designation for Bosselman, Inc., dba Pump & Pantry #8,2028 North Broadwell Avenue. Approving Request of Eric W. Hellriegel, 1609 West 39th Street, Apt. #3, Kearney, Nebraska, for Liquor Manager Designation for Whiskey Creek Steakhouse, 3537 West 13th Street, Suite 120. #2001-62 - Approving Acquisition of Utility Easement in Alleyway Between 2nd Street and 3rd Street, East of Eddy Street (Douglas Bookkeeping Service, Inc.) #2001-63 - Approving Acquisition of Utility Easement in Alleyway Between 2nd Street and 3rd Street, 66' East of Eddy Street (Douglas Bookkeeping Service, Inc.) #2001-64 - Approving Acquisition of Utility Easement Located in the Alleyway Between 2nd Street and 3rd Street, East of Elm Street (Northwestern Public Service Company). #2001-65 - Awarding Bid for Cooling Tower Repair to Marley Cooling Tower, Overland Park, Kansas, in the Amount of $59,554.00. #2001-66 - Awarding Bid for Four Wheel Drive Diesel Compact Tractor to Third City New Holland, Inc., Grand Island, Nebraska, in the Amount of $28,525.00. #2001-67 - Awarding Bid for Burdick Reservoir Exterior Painting to W.S. Bunch Company, Omaha, Nebraska, in the Amount of$20,197.88. #2001-68 - Approving Final Plat and Subdivision Agreement for Westwood Park Sixth Subdivison. It was noted that Rudolf F. Plate and Jeannice R. Plate~ owners, had submitted a final plat for Westwood Park Sixth Subdivision, a 13.597 acre tract ofland located along Faidley Avenue, west of North Road purpose of creating 20 lots on a currently unplatted parcel of ground located in the Sl/2 of the NEl/4 and in the Nl/2 of the SEl/4 of Section 14-11-10. #2001-69 - Approving Agreement with NDOR for Federal Funding Relative to Two New Bridges for Northbound Lanes of South Locust Between US Highway 34 and 1-80. #2001-70 - Approving Memorandum of Understanding with Department of Environmental Quality (NDEQ) and Hastings Utility Department. RESOLUTIONS: #2001-71 -Approval of Option to Purchase Former City Hall. Mike Johnson, 1 04 North Wheeler Street, requested that this item be removed to a later date. PAYMENT OF CLAIMS: Motion by Whitesides, second by Murray, carried unanimously to approve the Claims for the period of February 28, 2001 through March 13, 2001, claims #92971, #101993, #101802, #101915 and #102995 through #103679 for a total claims amount of$3,284,457.67. I I I Page 5, City Council Regular Meeting, March 13,2001 Discussion and Council Action Regarding Claim Submitted by Chuck Haase. City Attorney Charlie Cuypers, reported that at the Regular City Council Meeting of February 26,2001, Chuck Haase requested payment of a claim in the amount of $4,244.25 associated with his suspension and retirement from the position of Finance Director and participation in the suit filed against him by five female city employees. Councilmember Whitesides requested that the claim be placed on this agenda for council action. Mr. Cuypers noted a correction to the memo received by council that a payment had been made to Harding Law Firm by the City of Grand Island. Councilmember Whitesides moved to pay the claim as submitted by Chuck Haase in the amount of $4,244.25. Seconded by Sorensen. Chuck Haase, 3024 Colonial Lane; Lewis Kent, 624 East Meves Avenue and Tom O'Neill, 804 Stolley Park Road spoke in favor of paying this claim. Councilmember Whitesides stated that he brought this issue forward for closure. Councilmember Pielstick spoke on behalf of herself and apologized to the Haase family. Upon roll call vote, Councilmembers Pielstick, Seifert, Whitesides, Walker and Sorensen voted aye. Councilmembers Larson, Hornady and Murray voted nay. Councilmember Haase abstained. Motion failed. ADJOURNMENT: The meeting was adjourned at 8:50 p.m. Respectfully submitted, Rcf\~ ruw~ RaNae Edwards City Clerk