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07/12/2005 Minutes I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING July 12,2005 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 July 12, 2005. Notice of the meeting was given in the Grand Island Independent on July 6,2005. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were present: Councilmember's Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Pauly, Hornady, Walker, and Haase. The following City Officials were present: City Administrator Gary Greer, City Clerk RaNae Edwards, Finance Director David Springer, Public Works Director Steve Riehle, and City Attorney Doug Walker. INVOCATION was given by Councilmember Jackie Pielstick followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Vavricek commented on Grand Island's 10th Annual "National Night Out" to be held on August 2,2005 and encouraged neighborhoods to participate. The Mayor thanked the citizens of Grand Island who took part in the many cleanups offered by the City of Grand Island this spring. PUBLIC HEARINGS: Public Hearing on Acquisition of Tracts of Right-of-Way and Permanent Easements along Capital A venue between the Moores Creek Drain and Webb Road for Street Widening Proiect. Steve Riehle, Public Works Director reported that acquisition of right-of-way and permanent easements were required in conjunction with the widening project along Capital Avenue from the Moores Creek Drainway (located west of the Dairy Queen) to Webb Road. No public testimony was heard. ORDINANCES: #8982 - Consideration of Annexation of Land Located North of Capital A venue and East of St. Paul Road and Various Properties Adjacent to the City of Grand Island. (Second Reading) Chad Nabity, Regional Planning Director reported this related to the Public Hearing held on June 28,2005, and was the second of three readings as required by state statutes. Motion by Pielstick, second by Walker to approve Ordinance #8982 on second reading only. Upon roll call vote, all voted aye. Motion adopted. I I I Page 2, City Council Regular Meeting, July 12,2005 Councilmember Pielstick moved "that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinances numbered: #8985 - Consideration of Creation of Street Improvement District No. 1256, Widening of Capital Avenue from the Moores Creek Drain to Webb Road #8986 - Consideration of Lease-Purchase Agreement with the Grand Island Facilities Corporation and Authorizing the Execution of Documents for the Library Expansion #8987 - Consideration of Proposed Water Rate Increase 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 first reading and then upon final passage and call for a roll call vote on each reading and then upon final passage." Councilmember Whitesides seconded the motion. Upon roll call vote, all voted aye. Motion adopted. Steve Riehle, Public Works Director reported that Ordinance #8985 was to create Street Improvement District No. 1256. The proposed district would consist of widening Capital Avenue from the Moores Creek Drain to Webb Road and was an upgrade to a multi-lane concrete curb and gutter roadway with storm sewer. A width of 41' or no more than 20% would be assessed to benefiting properties, with the remainder paid with federal funds. A ten (10) year assessment period was recommended. Doug Walker, City Attorney reported that Ordinance #8986 would authorize the City to enter into a lease purchase agreement with the Grand Island Facilities Corporation and enable the city to proceed with securing a tax exempt status and bonding for the library expansion. Motion by Pielstick, second by Hornady to approve Ordinances #8985 and #8986. City Clerk: Ordinances #8985 and #8986 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: Ordinances #8985 and #8986 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 Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinances #8985 and #8986 are declared to be lawfully adopted upon publication as required by law. #8987 (Proposal A) - Consideration of Proposed Water Rate Increase Gary Mader, Utilities Director explained Ordinance #8987 with regards to the three proposals for water rate increase. Virgil Harden, Director of Business at the Grand Island Public School spoke I I I Page 3, City Council Regular Meeting, July 12,2005 concerning the financial effect to the school and asked that an increase be phased in over two to three years. Motion by Whitesides, second by Pielstick to approve Ordinance #8987 (Proposal A). A lengthy discussion was had by council on each of the proposals. Motion by Whitesides, second by Meyer to move the previous question. Upon roll call vote, Councilmember's Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Pauly, Walker, and Haase voted yes. Councilmember Hornady voted no. Motion adopted. City Clerk: Ordinance #8987 (Proposal A) on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Councilmember's Meyer, Whitesides, Pielstick, Pauly, Walker, and Haase voted aye. Councilmember's Gilbert, Nickerson, Cornelius, and Hornady voted no. Motion adopted. City Clerk: Ordinance #8987 (Proposal A) on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, Councilmember's Meyer, Whitesides, Pielstick, Pauly, Walker, and Haase voted aye. Councilmember's Gilbert, Nickerson, Cornelius, and Hornady voted no. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #8987 (Proposal A) is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: It was noted that item G-4 was pulled from the agenda to the July 26, 2005 meeting. Motion by Hornady, second by Cornelius to approve the Consent Agenda excluding item G-4. Upon roll call vote, all voted aye. Motion adopted. Approvin~ Minutes of June 28,2005 City Council Regular Meeting. Approving Minutes of July 5, 2005 City Council Study Session. Councilmember Pauly abstained. Approving Appointments ofMarv Webb, Richard Willis, Holger Honore. and Mike Wenzl to the Building Code Advisory Board. Approving Appointments of Bill Lawrey and Jeff Reed to the Business Improvement District #3 Board. This item was pulled to the July 26, 2005 City Council meeting. Approving Garbage Haulers License for Heartland Disposal, 2423 W. Old Lincoln Highway. Councilmember's Meyer, Whitesides, and Pielstick voted no. Approving Preliminary Plat for Westgate Ninth Subdivision. I I I Page 4, City Council Regular Meeting, July 12,2005 #2005-194 - Approving Final Plat and Subdivision AQl'eement for WestQ:ate Ninth Subdivision. It was noted that E. Marsden and Jaculyn Garey, owners had submitted the final plat for Westgate Ninth Subdivision located on 9.07 acres of land for the purpose of creating 9 lots. #2005-195 - Approving Final Plat and Subdivision Agreement for Jakubowski Subdivision. It was noted that Paul and Ruby Jakubowski, Kevin and Diane McDermott, owners had submitted the final plat for Jakubowski Subdivision for the purpose to divide an existing lot with 2 houses on it into two lots. #2005-196 - Approving Acquisition of Tracts of Right-of-Way and Permanent Easements along Capital Avenue between the Moores Creek Drain and Webb Road for Street Widening Proiect. #2005-197 - Approving Agreement with Natural Resources Conservation Service (NRCS) for Flood Damage Repair Work. Ditch Repair East of North Road and Coffer Dam Repair along Capital Avenue. #2005-198 - Approving: Bid Award for One Dome Salt Storage Building with Bulk Storage Inc. of Beecher. Illinois in an Amount of$108300.00. #2005-199 - Approving Amendment to the City's Full Time Equivalent (FTE) Employee Table for the Solid Waste Division of the Public Works Department. #2005-200 - Approving Bid Award for Fuel Oil Facility Paving - Contract 2005-PGS-P-l at the Platte Generating Station with The Diamond Engineering Company of Grand Island. Nebraska in an Amount of$96,461.82. #2005-201 - Approving Agreement for Warranty Deed with Melvin & Jo Ann Meyer and J.J. Lake. LLC for Property Located at 244 and 304 Stuhr Road in an Amount of $583.900.00. #2005-202 - Approving Acquisition of Long Term Lease Agreement with Robert Ramold for Property located at 1212 West Second Street in an Amount of $84.500.00. #2005-203 - Approving Paul Briseno as Authorized Representative for Federal/State Financial Assistance under the President's Disaster Relief Fund. REQUESTS AND REFERRALS: Approving the Appointment of Lela Lowry as Emergency Management Director. Brenda Sutherland, Human Resources Director reported that 18 applicants were interested in the position of Emergency Management Director with five being interviewed by the selection committee. The two finalists (Lela Lowry and Andrew Hills) were present at a meet & greet session that was open to the public as part of the selection process. The Mayor was recommending the appointment of Lela Lowry. She had been offered the position pending Council approval and had accepted pay grade step 4 in the amount of I I I Page 5, City Council Regular Meeting, July 12,2005 $56,086.19. She would be able to start August 1, 2005. Ms. Lowry was present and stated she looked forward to working in Grand Island as the Emergency Management Director. Motion by Whitesides, second by Pielstick to approve the appointment of Lela Lowry as Emergency Management Director. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Cornelius, second by Hornady to approve the Claims for the period of June 29, 2005 through July 12, 2005, for a total amount of $1,564,457.32. Motion adopted unanimously. Councilmember Pielstick abstained from claim # 1 02811. ADJOURNMENT: The meeting was adjourned at 8:05 p.m. QJ\Q.L ffiw~ RaNae Edwards City Clerk