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06/11/2002 Minutes I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING June 11,2002 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 June 11, 2002. Notice of the meeting was given in the Grand Island Independent on June 5, 2002. Mayor Ken Gnadt called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Pielstick, Ward, Seifert, Larson, Hornady, Whitesides, Haase, Murray, Walker and Sorensen. The following City Officials were present: City Administrator Marlan Ferguson, City Clerk RaNae Edwards, City Attorney Charlie Cuypers, Public Works Director Steve Riehle and Finance Director David Springer. PLEDGE OF ALLEGIANCE was said followed by the INVOCATION given by Reverend Julie Bringelson, First United Methodist Church, 4190 West Capital Avenue. RESERVE TIME TO SPEAK ON AGENDA ITEMS: 13 individuals reserved time to speak on agenda items. PRESENTATIONS AND PROCLAMATIONS: Presentation bv Monty Montgomery, President of the Economic Development Corporation. Economic Development President, Monty Montgomery and Curtis Griess presented an update on the economic development projects in Grand Island. Proclamation "United States Army Week" June 12-18,2002. Mayor Gnadt proclaimed the week of June 12-18,2002 as "United States Army Week". Sgt. 1st Class Cunningham from the Grand Island Recruiting Station was present to receive the proclamation. Steve Snook and Roger Clark spoke concerning the upcoming Union Pacific Historical Society 2002 annual convention to be held in Grand Island on June 26-30, 2002. PUBLIC HEARINGS: Public Hearing on Request of Richard and Kimberlv Wiseman dba Capital Liquor, 3357 West Capital Avenue for Change of Location to 710 North Diers Avenue and Name Change to Grand Island Liquor Mart. RaNae Edwards, City Clerk, reported that Richard and Kimberly Wiseman dba Capital Liquor, 3357 West Capital Avenue, had submitted an application with the City Clerk's Office for a change of Location to 710 North Diers Avenue and a name change to Grand Island Liquor Mart. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on May 29, 2002; notice I I I Page 2, City Council Regular Meeting, June 11,2002 to applicant of date, time, and place of hearing mailed on May 29, 2002; notice to the general public of date, time, and place of hearing published on June 1, 2002; Chapter 4 of City Code and departmental reports as required by City Code. No public testimony was heard. Public Hearing on Acquisition of Utility Easements Located in Lot 8, of Proposed Meadowlark West Fourth Subdivision. (Robert M. Allen Family Partnership, L.L.C.) Steve Riehle, Public Works Director reported that acquisition of utility easements was required to locate public utilities away from the new building to be constructed. The Robert H. Allen Family Partnership, L.L.C., owners, had agreed to sell miscellaneous easement tracts in Lot 8, Meadowlark West Fourth Subdivision to the City of Grand Island for a purchase price of $1.00 in order to have access to install, upgrade, maintain, and repair power appurtenances. This easement would be used to facilitate a new pad mounted transformer. 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: #8740 - Consideration of Creating Water Main District #400 #8741 - Consideration of Vacating Existing Utility Easement Located III Lot 8, of Proposed Meadowlark West Fourth Subdivision 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 their first reading and then upon final passage and call for a roll call vote on each reading and then upon final passage. Councilmember Larson seconded the motion. Upon roll call vote, all voted aye. Motion adopted. Mayor: Is there anyone in the audience interested in these ordinances? No public testimony was heard. City Clerk: Ordinances #8740 and #8741 on 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. City Clerk: Ordinance #8740 and #8741 on 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. Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinances #8740 and #8741 are declared to be lawfully passed and adopted upon publication as required by law. CONSENT AGENDA: Items G-17 and G-30 were removed from the Consent Agenda. Motion by Pielstick, second by Homady, carried unanimously to approve the Consent Agenda excluding items G-17 and G-30. I I I Page 3, City Council Regular Meeting, June 11,2002 Receipt of Official Document - Hall County Election Commissioner Certificate of Elections. Receipt of Official Document - Planning Commission Recommendations Relative to Annexation. Receipt of Official Document - Community Redevelopment Authority Resolution. Approving Appointment of Steve Poppe to the Business Improvement District #2 Board. Approving Minutes of May 21,2002 City Council Regular Meeting. Approving Minutes of June 4, 2002 City Council Study Session. Councilmember Walker abstained. Approving Request of Jeffrey S. Richardson, #47 Kuester Lake for Liquor Manager Designation for Balz, Inc. dba Balz Sports Bar, 3421 West State Street. Approving Request of Richard and Kimberly Wiseman dba Capital Liquor, 3357 West Capital Avenue for Change of Location to 710 North Diers Avenue and Name Change to Grand Island Liquor Mart. #2002-151 - Approving Proposal for Pistol Range Engineering Services with Jacobson Helgoth Consultants, Inc., Omaha, Nebraska in an Amount not to exceed $59,400.00. #2002-152 - Approving Change Order #1 for Installation of Irrigation System at Sucks Lake Park with Tilley Sprinkler Systems, Grand Island, Nebraska for an Increased Amount of $5,742.10 and a Revised Contract Amount of$51,737.10. #2002-153 - Approving Certificate of Final Completion for Installation of Irrigation System at Sucks Lake Park with Tilley Sprinkler Systems, Grand Island, Nebraska. #2002-154 - Approving Certificate of Final Completion for Installation ofFence at Webb Road Athletic Fields with American Fence Co. of Grand Island, Nebraska. #2002-155 - Approving Certificate of Final Completion for Speed Slide Complex at Island Oasis Water Park with Neuman Pools, Beaver Dam, Wisconsin. #2002-156 - Approving Final Plat and Subdivision Agreement for Patti Anne Subdivision. It was noted that Frances Kruse, owner, had submitted the final plat for Patti Anne Subdivision, located east of St. Paul Road and north of Capital Avenue for the propose to develop 2 lots. #2002-157 - Approving Final Plat and Subdivision Agreement for Westwood Park Seventh Subdivision. It was noted that Rudolf F. Plate, Jeannice R. Plate and Tim C. Plate, owners, had submitted the final plat for Westwood Park Seventh, located south of Faidley A venue and west of North Road for the propose to develop 24 lots. I I I Page 4, City Council Regular Meeting, June 11,2002 #2002-158 - Approving Agreement with the Nebraska Emergency Management Agency for Handling Hazardous Materials. #2002-160 - Approving Boundaries for Business Improvement District #4 and Appointing Board. #2002-161 - Approving Bid Award for Sanitary Sewer District #500, Seedling Mile Road to Starostka Group Co., Grand Island, Nebraska in the Amount of $150,861.31. #2002-162 - Approving Donation of Surplus Motor Grader from the Street Division, Public Works Department to the Grand Island School District. #2002-163 - Approving Bid Award for Pre-Formed Cold Plastic Pavement Markings to Swarco, Colombia, Tennessee in the Amount of$36,673.70. #2002-164 - Approving Bid Award for 26,000 lb. Below Ground Two Cylinder Truck Hoist to Yant Equipment, Inc., Grand Island, Nebraska in the Amount of$13,506.80. #2002-165 - Approving Agreement with the Nebraska Department of Roads for Purchase of Digital Camera and Scanner at 20% Cost to the City or Approximately $189.60. #2002-166 - Approving Additional Fund for City Pension Plan with Ameritas. #2002-167 - Approving Bid Award for 2002 4- Wheel Drive Compact Tractor for the Police Department to Toners, Inc., Grand Island, Nebraska in the Amount of$14,231.88. #2002-168 - Approving Purchase of 1,000 Additional Weather Radios Through Proiect Impact Program at a Cost of $66.00 Per Unit. #2002-169 - Approving State Bid Award for 25 Dell Laptop Computers for the Police Department to Dell Computers, Round Rock, Texas in the Amount of$46,977.00. #2002-170 - Approving Change Order #1 for Turbine/Generator Control Engineering Services with Black & Veatch, Kansas City, Missouri for an Increase of $27,500.00 and a Revised Contract Amount of $287,500.00. #2002-171 - Approving Change Order #1 for Burdick Station Circuit Breakers with General Electric-Hitachi HVB for an Increase of $8,975.10 and a Revised Contract Amount of $158,560.10. #2002-173 - Approving Acquisition of Utility Easements Located in Lot 8, of Proposed Meadowlark West Fourth Subdivision. (Robert M. Allen Family Partnership, L.L.C.) #2002-159 - Approving Annexation Plan and Scheduling Public Hearing. Motion was made by Whitesides, second by Larson to approve Resolution #2002-159. Rollie Reynolds, 239 South Lakeside Drive; Louise Miller, 11 04 West Charles Street; Kim Meyer, 4221 Springview Drive; I I I Page 5, City Council Regular Meeting, June 11,2002 Dan Springer, 3624 Schroeder Avenue; Dave Keeling, 3556 Schroeder Avenue; Chris Riha, 3560 Hillside Drive and Lewis Kent, 624 East Meves Avenue spoke in opposition. Don Robertson, 3904 Calvin Drive spoke in a neutral position. Tom O'Neill, 804 West Stolley Park Road complimented the Council and staff on presentations of this issue. City Attorney Charlie Cuypers explained the process for annexation and that approval of this resolution would set the Public Hearing date and move this issue forward. Discussion was held regarding the Fire and Police services in these areas. Mr. Cuypers also mentioned a change to the Annexation Plan on page three which would include the Fire Department taking into account those areas which had been annexed in the course of future location, development, construction and operation of its fire stations. Councilmember Larson made a friendly amendment to that effect and was accepted by Councilmember Whitesides. Upon roll call vote, Councilmembers Ward, Seifert, Larson, Hornady, Whitesides, Haase, Murray and Walker voted yes. Councilmember Pielstick and Sorensen voted no. Motion adopted. #2002-172 - Approving Amendment to Contract for Engineering Services for Independence Avenue Extension with Olsson Associates, Grand Island, Nebraska in the Amount of $85,935.00. Motion by Murray, second by Whitesides to deny Resolution #2002-172. Councilmember Murray stated he felt we should wait and review other options due to the costs. Upon roll call vote, Councilmember Murray voted yes. Councilmembers Pielstick, Ward, Seifert, Larson, Hornady, Whitesides, Haase, Walker and Sorensen voted no. Motion failed. Motion by Seifert, second by Whitesides to approve Resolution #2002-172, carried unanimously. Motion adopted. RESOLUTIONS: #2002-174 - Repeal and Replace Resolution #2002-148 Relative to Sidewalk Plans in the Vicinity of Seedling Mile, Stolley Park and Engelman Elementary Schools. It was reported that various council members had indicated an interest in reconsidering or amending Resolution 2002-148, which set a deadline for installing sidewalks by the time school resumed in the fall of 2002. An amended resolution had been drafted which postponed completion of the sidewalks until approximately one year from now, June 1, 2003. Motion by Pie1stick, second by Sorensen to approve Resolution #2002-174 to amend Reso1uton #2002-148 extending the time frame to install sidewalks until June 1,2003. Discussion was held regarding financing, sidewalk districts, safety, neighborhood associations, costs, ag land issues, grants and time frames. Motion was made by Sorensen to table Resolution #2002-174 until the June 25, 2002 City Council meeting. Second by Pie1stick. Upon roll call vote, Councilmembers Pielstick, Haase, Walker and Sorensen voted yes. Councilmembers Ward, Seifert, Larson, Hornady, Whitesides, and Murray voted no. Motion failed. I I I Page 6, City Council Regular Meeting, June 11,2002 Jerry Hirschman, 2315 Gateway Avenue; Toni Kirk, 4302 Claussen Road; Mary Stolley, 2312 Gateway Avenue; Ken Neinhueser, East Seedling Mile Road; Lance Burhman, 4315 Blauvelt Road and Jack Stolley, 2312 Gateway Avenue spoke in opposition. Herb Worthington, 4262 Pennsylvania Avenue; Mike 2805 Fort Worth Avenue and Georgette Walsh, 4347 Kay Avenue spoke in support. Virginia Bowman, 4265 V ermont Avenue spoke concerning the cost, time and safety issues. Tom O'Neill, 804 West Stolley Park Road mentioned the idea of putting in sidewalks throughout the City as an emergency. Upon roll call vote, Councilmembers Pielstick, Haase and Sorensen voted yes. Councilmembers Ward, Seifert, Larson, Hornady, Whitesides, Murray and Walker voted no. Motion failed. PAYMENT OF CLAIMS: Motion by Whitesides, second by Sorensen, carried unanimously to approve the Claims for the period of May 22,2002 through June 11,2002, for a total amount of$4,599,664.36. ADJOURNMENT: The meeting was adjourned at 10:10 p.m. Respectfully submitted, QD0.9- WlAJ~ RaN ae Edwards City Clerk