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1999 Minutes I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL SPECIAL STUDY SESSION January 11, 1999 Pursuant to due call and notice thereof, a Special 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 January 6, 1999. Mayor Gnadt called the meeting to order at 6:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Larson, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Murray, Samuelson and Sorensen. Councilmember Lueth was absent. The following City Officials were present: Interim City Administrator Charlie Cuypers, City Clerk Cindy Johnson, and Finance Director Chuck Haase. Discussion on Backflow Prevention Program. Gary Mader, Utilities Director, reported that at the request of Council, staff had reviewed the backflow prevention program and evaluated potential options to address comments raised by Council. Mr. Mader noted that there appeared to be four program modifications, including dropping the program, financial impact to residential customers too great, add City staff to take over the testing of devices, add City staff to do installation and inspection. It was noted that staff's recommendation was to develop a payment plan whereby the City would finance the cost of backflow protection devices for residential customers and the payment for the one and two-year term financing would be added to the customer's monthly water bill. Councilmember Pielstick questioned why other communities, specifically Lincoln, were not implementing a backflow program. Mr. Mader responded that to the best of his knowledge Lincoln did have a backflow program. Councilmember Whitesides requested that the staff calculate monthly payments for four and five-year terms inasmuch as the one and two-year term costs could still be difficult for some customers to pay. Councilmember Whitesides also requested that the input from the Plumbing Board be provided to the City Council as well as the number of systems that had failed in the past five years. Bob Smith, Assistant Utility Director, reported that plumbers often fixed failed systems in the field and that a true number of failed systems would therefore be difficult to obtain. Mr. Mader added that there was a test kit to test pressures on those systems that were believed to be defective and that this test was a part of the ongoing testing process. Councilmember Pielstick questioned if it was the tenant's or the landlord's responsibility to install the devices. Mr. Mader noted that the notice went to the utility user or the people who paid the bill and that the renter would need to take up the issue with his/her landlord. Councilmember Murray spoke in support of the financial plan and stated it was a reasonable solution to a large financial impact on the customer. Discussion was held on whether or not notification letters would continue to be mailed until a decision was made. Charlie Cuypers, City Attorney, reported that inasmuch as the ordinance was in the City Code, the laws would have to be enforced by staff. Lonnie Davis, 4195 Tilden, stated that he believed the backflow I I I Page 2, City Council Special Study Session, January 11, 1999 prevention program was overregulated and voiced opposition to the City financing the improvements. Randy Stueven, R & R Plumbing, suggested that a steering committee be formed to review all aspects of backflow prevention and specifically the residential program. Lewis Kent, 624 East Meves, spoke in opposition to the residential program. It was noted that staff would compile the information requested and return it to the City Council. Discussion on Ambulance Billing Requests for Proposals. Dale Shotkoski, Assistant City Attorney, reported that as a result of Council's direction to request proposals for the ambulance billing services, proposals were sought and three proposals from outside agencies were received, along with the proposal submitted by the Grand Island Fire Department. Mr. Shotkoski stated that the process was very difficult to conduct inasmuch as there had been direct contact by city personnel with the Councilmembers and with one of the outside vendors. Mr. Shotkoski stated that a committee had been formed to review the proposals and that the committee determined that the cost to provide the service in house was comparable to outside services but that both the Fire Department and the Finance Department had perceived needs for staff that would not be reviewed by the committee. Mr. Shotkoski added that the recommendation of the committee was to keep the ambulance billing position in house due to the quality of service and face to face contact that could be provided but that the position might be a part time position. The Assistant City Attorney also recommended that if the service were to remain in house that the cost of providing the service be included in the ambulance billing itself and that the service be paid for by the users, not out of general funds dollars. Chuck Haase, Finance Director, explained the process of relocating a Finance Department employee to the Fire Department to perform this service. Councilmember Murray requested that a copy of the request for proposals be provided to the City Council. It was noted that the issue would be returned to the Council for action at a later date. Adjournment. The meeting was adjourned at 7:00 p.m. Respectfully submitted, /1 fJ1<' () () \r, \ GVv\ ~Ljt q \fifl/l7 o(vv Cindy K. [hhnson' City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING January 11, 1999 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 January 6, 1999. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Larson, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Murray, Samuelson and Sorensen. Councilmember Lueth was absent. The following City Officials were present: Interim City Administrator Charlie Cuypers, City Clerk Cindy Johnson, Finance Director Chuck Haase, Assistant City Attorney Dale Shotkoski, and Public Works Director Wayne Bennett. PLEDGE OF ALLEGIANCE was said, followed by INVOCATION given by Councilmember Preisendorf. RESERVE TIME TO SPEAK ON AGENDA ITEMS: speak on agenda items. Four individuals reserved time to PRESENTATIONS AND PROCLAMTIONS: Renee Seifert, Director of the Grand Island/Hall County Convention and Visitors Bureau, provided an overview of the activities of the Convention and Visitors Bureau. GRAND ISLAND AREA SOLID WASTE AGENCY: Motion by Samuelson, second by Sorensen, carried unanimously to adjourn to the Grand Island Area Solid Waste Agency. Public Hearing on Acquisition of Property. Wayne Bennett, Public Works Director, reported that in 1992, the City of Grand Island entered into an interlocal agreement with Hall County for the creation of the Grand Island Area Solid Waste Agency and in 1998, the City (Agency) completed a 1.5 million dollar landfill expansion project which consisted of liner construction and other items necessary to meet environmental requirements to continue having licensed space for the acceptance of solid waste. Mr. Bennett explained that in order to provide a buffer for landfill operations and for potential long-term landfill expansion, it was recommended that the 224 acres of property north of the landfill be acquired. It was noted that the land was currently available for sale and the land's geological and hydro-geological characteristics were similar to the current landfill. Leland Lacey, Shelton, Nebraska, stated that he held the first mortgage on the property and he had not put the property up for sale. No other public testimony was heard. 99-SW A-I - Approving Acquisition of Property. Motion by Preisendorf, second by Seifert to table action on 99-SW A-I. Upon roll call vote, Larson, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Samuelson and Sorensen voted aye. Murray voted nay. Motion adopted. I I I Page 2, City Council Regular Meeting, January 11, 1999 RETURN TO REGULAR SESSION: Motion by Samuelson, second by Preisendorf, carried unanimously to adjourn to Regular Session. PUBLIC HEARINGS: Public Hearing on Request for Change of Land Use Designation. Dave Barber, Regional Planning Director, reported that Rudolf F. Plate, 2608 West Old Fair Road, had submitted a request to rezone the property located immediately west of North Road, south of Norwood and Greenwood Drive and "T A" (Transitional Agriculture) zone to "Rl" (Suburban Residential) zone and that the purpose of this request was to allow for the development of 35 single family residential lots, as proposed in the final plat for Westwood Park Fourth Subdivision. It was noted that the Regional Planning Commission, at their January 6, 1999 meeting, had unanimously recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located in the Alleyway between 2nd Street and 3rd Street to the east of Wheeler Street. Gary Mader, Utilities Director, reported that acquisition of utility easements and rights-of-way located in the alleyway between 2nd Street and 3rd Street to the east of Wheeler Street, was required in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. It was noted that this easement would be used to locate a transformer to serve the remodeled Greenbergers and the west half of the downtown alley. 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 Ordinance #8434 be considered for action 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. Second by Samuelson. Motion adopted unanimously. #8434 - Creation of Street Improvement District #1219, Roush Lane. Wayne Bennett, Public Works Director, reported that as requested by the City Council at the December 21, 1998 City Council Meeting, Ordinance #8434 provides for the creation of Street Improvement District #1219, Roush Lane and that the District did not include Kingswood Drive as in the previous District considered by Council. Bill Francis, attorney, spoke on behalf of Joe Cobel and asked for additional time to develop a more workable solution. Motion by Seifert, second by Whitesides to table creation of the District. Upon roll call vote, Larson, Pielstick, Seifert, Whitesides, Sorensen and Hosier voted aye. Murray, Preisendorf and Samuelson voted nay. Motion to table was adopted. Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that Ordinances numbered: #8435 - Creation of Street Improvement District #1220, Alleyway from Walnut Street to Cedar Street, Between Third Street and South Front Street #8436 - Change of Land Use Designation I I I Page 3, City Council Regular Meeting, January 11, 1999 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. Second by Murray. Upon roll call vote, motion was adopted unanimously. Mayor: Is there any comment? Is there any body in the audience who is interested in any of these ordinances? Councilmember Preisendorf questioned the drainage in the alleyway. Wayne Bennett, Public Works Director, reported that there was gravity drainage in the alleyway to the north/south street that worked adequately. Clerk: Ordinances #8435 and #8436 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. Clerk: Ordinances #8435 and #8436 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. Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinances #8435 and #8436 are declared to be lawfully passed and adopted upon publication as required by law. Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that Ordinances numbered: #8437 - Consideration of Amendment to Chapter 5 of City Code Relative to Vicious Animals #8402 - Consideration of Creation of Business Improvement District #2 #8438 - Consideration of Amending Chapter 22 of City Code Relative to Parking Fees 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. Second by Samuelson. Upon roll call vote, Larson, Seifert, Preisendorf, Hosier, Whitesides, Murray, and Samuelson voted aye. Sorensen and Pielstick voted nay. Motion to suspend the rules failed. Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinance numbered: #8437 - Consideration of Amendment to Chapter 5 of City Code Relative to Vicious Animals 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. Second by Preisendorf. Upon roll call vote, all voted aye. Motion was adopted unanimously. I I I Page 4, City Council Regular Meeting, January 11, 1999 Councilmember Whitesides and Lewis Kent, 624 East Meves, spoke III support of the ordinance. Clerk: Ordinance #8437 on its first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Clerk: Ordinance #8437 on its final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. #8402 - Creation of Business Improvement District #2. Motion by Sorensen to table to Study Session. Councilmember Preisendorf stated that the Downtown Improvement Board had held meetings to determine issues and priorities and that based on the percentage of support for the District, he would support creation. Councilmember Larson stated that he had attended the District's meeting and concurred that the District was supported by the majority of the property owners affected. Councilmember Pielstick seconded the motion to table and stated that she believed that the issue should be returned to a Study Session. Upon roll call vote to table, Pielstick, Hosier, Whitesides, and Sorensen voted aye. Larson, Seifert, Preisendorf, Samuelson and Murray voted nay. Motion failed. Steve Rasmussen, 2608 South Cochin, spoke on behalf of the Downtown Improvement Board and asked for the Council's support. Glendale Reiss, 910 North Boggs, spoke in opposition. Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinance numbered: #8402 - Creation of Business Improvement District #2 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 first reading and final passage. Second by Samuelson. Upon roll call vote, Larson, Seifert, Preisendorf, Murray, and Samuelson voted aye. Pielstick, Hosier, Sorensen and Whitesides voted nay. Motion to suspend the rules failed. Motion by Samuelson, second by Preisendorf, to approve #8402 on its first reading. Ted Slick, representing the Eagles Club, spoke on the proposed assessments. City Attorney Charlie Cuypers noted that the Ordinance was to create the District and if the District were created, Council would act on assessments during the Board of Equalization at a later time. Upon roll call vote to approve Ordinance #8402 on first reading, Larson, Seifert, Preisendorf, Murray, and Samuelson voted aye. Pielstick, Hosier, Whitesides, and Sorensen voted nay. Mayor Gnadt cast the sixth and deciding vote in support of the Ordinance. Motion to approve the Ordinance on its first reading was adopted. Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinance numbered: I I I Page 5, City Council Regular Meeting, January 11, 1999 #8438 - Considering Amendment to City Code, Chapter 22 Relative to Parking Fees 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. Second by Preisendorf. Upon roll call vote, motion was adopted unanimously. Clerk: Ordinance #8438 on its first reading. All those in favor of the passage of this ordinance on its first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted unanimously. Clerk: Ordinance #8438 on its final passage. All those in favor of the passage of this ordinance on its final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted unanimously. Mayor: By reason of the roll call votes on each reading and then upon final passage, Ordinance #8438 is declared to be lawfully passed and adopted upon publication as required by law. CONSENT AGENDA: Councilmember Whitesides requested that item G3d be removed from the Consent Agenda. Councilmember Murray requested that item G4 be removed from the Consent Agenda. Motion by Pielstick, second by Murray, carried unanimously to adopt the Consent Agenda minus G 3d and G4. Receipt of Official Documents. Including Library Board Meeting Minutes of December 7. 1998. Approving Minutes from December 21. 1998 City Council Regular Meeting. Approving Appointments of Brian Summers, Doug Hough and Troy Arnold to Plumbing Board. Approving Appointments of Bea Bailey, Sharon Walsh and Earl Ahlschwede to Downtown Improvement Board. Approving Appointments of Don Metcalf. Dennis Niemann, Randy Hiatt, and Victor Aufdemberge to Electrical Board. Approving Appointments of Norm Nietfeldt. Mike McElroy, and Ken Deionge to Gas Fitters and Appliance Board. #99-2 Awarding Bid for GITV Camera and Video Tape Recorder Under State Contract. #99-3 - Approving Proposal of CH2M Hill, Denver. Colorado. for Sanitary Sewer Comprehensive Plan In the Amount of $99.500. #99-4 - Awarding Bid for Police Uniforms and Weapons to Jacks Uniforms and Equipment. South Sioux City. Nebraska. and Arsenal. Lincoln, Nebraska. I I I Page 6, City Council Regular Meeting, January 11, 1999 #99-5 - Awarding Bid for Coal Dozer to Nebraska Machinery Company, Doniphan, Nebraska, in the Amount of $365,177.70. #99-6 - Awarding Bid for Dump Truck to Nebraska Truck Center. Grand Island, Nebraska, in the Amount of $24,275, After Trade In. #99-7- Awarding Bid for Secondary Electrical Service, Fonner Park to Chief Industries, Inc.. dba Heartland Electric, Grand Island, Nebraska, in the Amount of $10,606. #99-8- A warding Bid for Bleachers for Softball Complex to Churchich Recreational Design, Omaha, Nebraska, in the Amount of $15,292. #99-9 - Awarding Bid for Uniforms for Public Works and Utilities Departments to Jackson Services, Inc., Columbus, Nebraska. #99-10 - Approving Acquisition of Utility Easement Located in the Alleyway between 2nd Street and 3rd Street to the east of Wheeler Street. #99-11 - Approving Waste Reduction and Recycling Incentive Grant Application to Nebraska Department of Environmental Quality for $52,131 for Purchase of Property North of Current Landfill Site. #99-12 - Approving Waste Reduction and Recycling Incentive Grant Application to Nebraska Department of Environmental Quality for $29.238 for Solid Waste Transfer Trailer. #99-13 - Approving Continuation and Construction of Street Improvement District #1213, Alleyway from Sycamore Street to Pine Street between 3rd Street and South Front Street. #99-14 - Approving Continuation and Construction of Street Improvement District #1214, Alleyway from Pine Street to Locust Street between 3rd Street and South Front Street. #99-15 - Approving Continuation and Construction of Street Improvement District #1215, Alleyway from Locust Street to Wheeler Street between 3rd Street and South Front Street. #99-16 - Approving Continuation and Construction of Street Improvement District #1216, Alleyway from Wheeler Street to Walnut Street between 3rd Street and South Front Street. #99-17 - Approving Discontinuation of Street Improvement District #1217, Alleyway From Walnut Street to Cedar Street Between 3rd Street and South Front Street. #99-18 - Approving Final Plat and Subdivision Agreement for Westwood Park 4th Subdivision. #99-19 - Approving Certificate of Final Completion for Sanitary Sewer Proiect #97 -S-1. #99-20 - Approving Continuation and Construction of Sanitary Sewer District #489, Platte Valley Industrial Site. I I I Page 7, City Council Regular Meeting, January 11, 1999 #99-21 - Approving Continuation and Construction of Water Main District #429, Platte Valley Industrial Park. #99-22 - Approving Supplemental Agreement with Union Pacific Jor Lump Sum Payment In Lieu of Year Rental Payments. #99-23 - Approving Certificate of Final Completion and Setting Date for Board of Equalization for Water Main District #421T, Located in Stolley Park Road from Freedom Drive to Engleman Road and Engleman Road from Stolley Park Road to US Highway 30. #99-24 - Approving Renewal of Contract with Fonner Park Relative to Stand By Ambulances. Approving City Administrator Search Committee. Councilmember Whitesides moved to deny the formation of the City Administrator Search Committee. Second by Pielstick. Councilmember Whitesides noted that the City Administrator would be working with City staff and the Council and supported local people only on the Search Committee. Mayor Gnadt noted that the composition of the Committee had been recommended by the League of Nebraska Municipalities. Upon roll call vote on motion to deny the formation of the Committee, Pielstick and Whitesides voted aye. Larson, Seifert, Hosier, Preisendorf, Samuelson, Sorensen, and Murray voted nay. Motion failed. Motion by Seifert, second by Larson to approve the Committee. Upon roll call vote, Larson, Seifert, Hosier, Preisendorf, Samuelson and Murray voted aye. Pielstick, Whitesides, and Sorensen voted nay. Motion adopted. #99-1 - Approving Resolution of Support for Wood River/Warm Slough Flood Control Proiect. Motion by Murray, second by Seifert, carried unanimously to approve. It was noted that a copy of the Resolution was to be provided to the Congressional delegation. REQUESTS AND REFERRALS: Consideration of Preliminary Plat for Farmstead Second Addition Subdivision. Dave Barber, Regional Planning Director, reported that Richard and Helen Strehle had submitted a preliminary plat for Farmstead Second Addition Subdivision, encompassing 9.89 acres of land located west of Stuhr Road, east of Farmstead Road and south of Husker Highway 34 and that the Regional Planning Commission had voted to deny the request. Motion by Sorensen, second by Preisendorf to deny the request. Mike Yost, representing Olsson Associates, asked the Council to amend their motion to allow time for the developer to work with the Planning Director so that the potential to split the parcel in half and create two lots could be considered. Councilmembers Sorensen and Preisendorf withdrew their motion to deny. Motion by Sorensen, second by Preisendorf, carried unanimously to refer request back to the Regional Planning Commission. #99-25 - Setting Date for Public Hearing and Approval of Plan Relative to Annexation of Properties Adiacent to Platte Valley Industrial Park, Phase II. Charlie Cuypers, City Attorney, reported that at the City Council Meeting of December 7, 1998, Council adopted I I I Page 8, City Council Regular Meeting, January 11, 1999 Resolution #98-320 which set forth the City's intent to annex property located adjacent to the Platte Valley Industrial Park and that since that time, the property owner of Lewis Greenscape had requested to be removed from the annexation. Mr. Cuypers stated that therefore, it was recommended that a Resolution stating the City's revised interest is recommended. Motion by Sorensen, second by Murray, carried unanimously to approve. #99-26 - Approving Resolution Relative to Self Insurance Plan. Chuck Haase, Finance Director, reported that in an effort to address the rising cost of insurance, the City of Grand Island, in 1996, began a self-insurance program, consisting of general government liability, employee health insurance, and employee workers compensation insurance and that State Statutes required that self-insured plans submit an annual report to the governing body showing the beginning and ending balance of the fund, deposits of monthly accruals and other assets of the fund, and a separate accounting to reflect required reserves. Motion by Sorensen, second by Whitesides, carried unanimously to approve. #99-27 - Consideration of Amendment to Waiver/Fine Schedule. Charlie Cuypers, City Attorney, stated that amendments to the waiver/fine schedule had been suggested. Motion by Preisendorf, second by Whitesides to table to the next meeting. Upon roll call vote, all voted aye. #99-28 - Consideration of Approving Affordable Housing Trust Fund Loan Agreement and Contract for Lincoln School Housing Project. Jerenne Garroutte, Community Development Director, reported that the City of Grand Island's Community Development Department had been awarded Trust Funds in the amount of $100,000 from the Nebraska Department of Economic Development and that the purpose of the funds was to assist in the development of the 1. 9 acre site located just north of Lincoln School. Mrs. Garroutte stated that once the infrastructure was in place, the property would be developed into 9 lots for construction of single family dwellings and that the loan agreement with the State provided that the $100,000 be a loan at an interest rate of 0 %, deferred and payable upon the sale of the single family homes by the initial occupants. Motion by Sorensen, second by Pielstick, carried unanimously to approve. #99-29 - Approving Extension of Contract with Ameritas Relative to Employee Dental Insurance Program. Chuck Haase, Finance Director, reported that the City Council approved a dental insurance plan for City employees through the Ameritas Life Insurance Company of Lincoln, Nebraska on September 1, 1992 and that the renewal date of this policy was February 1, 1999. Mr. Haase stated that because the City would be bidding out the health insurance program in March or April, it was recommended that the contract for dental insurance be extended to coincide with the health insurance policy in order to seek proposals on a comprehensive program. It was noted that Ameritas Life Insurance Company had agreed to extend the renewal date to May 1, 1999 at the current rates. Motion by Sorensen, second by Pielstick, carried unanimously to approve. I I I Page 9, City Council Regular Meeting, January 11, 1999 #99-30 - Approving Resolution of Intent to Create Business Improvement District #3 for South Locust Street Between Highway 34 and Stolley Park Road. and Appointing Members to Business Improvement District #3 Board. Jack Rasmussen, 557 Stagecoach Road, stated that he and several property owners on South Locust Street, had submitted a request to the City Clerk's Office for creation of a Business Improvement District for South Locust Street between Highway 34 and Stolley Park Road and that the request also included the formation of a Board and appointment of members, including Jack "Bud" Rasmussen, Don Vance, Dave Faimon, Rhonda Saafeld, and Gene McCloud, to the Board. Motion by Sorensen, second by Pielstick, carried unanimously to approve. Don Vance, 2408 Cottonwood Drive, and Mike Toukan, 11808 South Locust Street, spoke in support of the District. PAYMENT OF CLAIMS: Motion by Samuelson, second by Sorensen, carried unanimously to approve the claims for the period of December 22, 1998 through January 11, 1999, claim #72292 through #72838. Counci1member Preisendorf abstained from voting on claim #072739 and Councilmember Whitesides abstained from voting on claim #072443. ADJOURNMENT: The meeting was adjourned at 8:47 p.m. Respectfully submitted, (}P1Jfj ~ ~~JL1~ Cindy K. ~o<<n~on City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION January 18, 1999 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island, Nebraska was conducted in the Community Meeting Room of City Hall, 100 East First Street. Notice of the meeting was given in the Grand Island Independent on January 13, 1999. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Larson, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Murray, Samuelson, and Sorensen. Councilmember Lueth was absent. The following City Officials were present: Interim City Administrator Charlie Cuypers, and City Clerk Cindy Johnson. Report on Heartland Vision Process. Dr. Carl Moore, consultant for the Heartland Visioning Process, conducted a discussion on the community wide visioning process and congratulated Grand Island and area communities for their inclusive process. Dr. Moore indicated that the progress being made in Grand Island was very encouraging and that the community should be pleased with the accomplishments to date. Dr. Moore fielded questions from the audience. Committee reports were made. Adjournment. The meeting was adjourned at 8: 15 p.m. Respectfully submitted, iL! d' 11 . f.., / ()141, /lt1 ~ flL1//?24'yJ Cindy K. Johnson i City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING January 25, 1999 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 January 20, 1999. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Pielstick, Seifert, Hosier, Preisendorf, Whitesides, Murray, Samuelson and Sorensen. Councilmembers Lueth and Larson were absent. The following City Officials were present: Interim City Administrator Charlie Cuypers, City Clerk Cindy Johnson, Finance Director Chuck Haase, Assistant City Attorney Dale Shotkoski and Assistant Public Works Director Bud Buettner. PLEDGE OF ALLEGIANCE was said, followed by INVOCATION given by Councilmember Pielstick. PRESENTATIONS AND PROCLAMTIONS: Dr. Kent Mann from the Grand Island Public Schools and four youth read the proclamation proclaiming January 30, 1999 as Educational Excellence Day. Gloria Wolbach was present to read the Mayor's Proclamation Relative to Random Acts of Kindness Week, February 8-14, 1999. Cindy Johnson, City Clerk, reported that the Mayor had proclaimed February 2, 1999 as Groundhog Job Shadow Day. Mayor Gnadt and Swim Coach Norm Hayman recognized Allison Hoffman for her swimming accomplishments. Dave Faimon of McDermott and Miller presented the City's Single Audit for Fiscal Year 1998 and reported that the City had received a clean audit with the only audit qualification being the year 2000 disclosure that was required by professional accounting standards. Amy Archuleta of KPMG Peat Marwick LLP presented the City's Fiscal Year 1998 Electric and Water Audit Reports and reported that income covered operating expenses. PUBLIC HEARINGS: Public Hearing on Acquisition of Easements for Hike/Bike Trail Along the East Side of the St. Joseph Railroad Line. Charlie Cuypers, City Attorney, reported that as discussed over the past five years and as recently as during this year's budget sessions, a hike/bike trail is being developed along the east side of the St. Joseph railroad line between Stolley Park Road and the former Burlington Northern spurline. Mr. Cuypers noted that in order for trail development to I I I Page 2, City Council Regular Meeting, January 25, 1999 continue and to tie into the existing trail developed from Stolley Park Road to Central Community College, acquisition of 25' of land extending from the east boundary of the St. Joseph line was required. No public testimony was heard. Public Hearing on Request of Skagway Discount Department Store. 1607 South Locust Street. for Class "D" Liquor License. Cindy Johnson, City Clerk, reported that William C. Martin, representing Skagway Discount Department Store, 1607 South Locust Street, had submitted an application with the City Clerk's Office for a Class "D" Liquor License. Ms. Johnson noted that the following exhibits had been submitted for the record: Application filed with the Nebraska Liquor Control Commission and received by the City on January 6, 1999; notice to applicant of date, time, and place of hearing mailed on January 6, 1999; notice to general public of date, time and place of hearing published on January 13, 1999; Chapter 4 of City Code and departmental reports as required by City Code. Bill Francis, attorney representing Skagway, spoke in support of the application and noted that the application replaced the Class "B" and "K" Licenses currently held by Skagway. No additional public testimony was heard. Public Hearing on Request of Skagway Discount Department Store. 620 West State Street. for Class "D" Liquor License. Cindy Johnson, City Clerk, reported that William C. Martin, representing Skagway Discount Department Store, 1607 South Locust Street, had submitted an application with the City Clerk's Office for a Class "D" Liquor License. Ms. Johnson noted that the following exhibits had been submitted for the record: Application filed with the Nebraska Liquor Control Commission and received by the City on January 6, 1999; notice to applicant of date, time, and place of hearing mailed on January 6, 1999; notice to general public of date, time and place of hearing published on January 13, 1999; Chapter 4 of City Code and departmental reports as required by City Code. Bill Francis, attorney representing Skagway, spoke in support of the application and noted that the application replaced the Class "B" and "K" Licenses currently held by Skagway. No additional 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 ordinance numbered: #8402 - Creation of Business Improvement District #2 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 Seifert seconded the motion. Upon roll call vote, motion was adopted unanimously. Mayor: Is anyone in the audience interested in the ordinance? Glendale Reiss, 910 North Boggs, spoke in opposition to the ordinance. Brad Lyndell, 4928 Fort Kearney Road, and Ted Schlick, 1816 Howard Court, spoke on behalf of the Eagles Club and stated that the Eagles wanted out of the District. Councilmembers Seifert and Preisendorf spoke in support of the District. Dianne Kelley, Downtown Development Director, explained the goals and visions of the District. Charlie Cuypers, Interim City Administrator, reported that last year the Council had supported increased usage of GITV to educate the public on city issues and that GITV will be used to I I I Page 3, City Council Regular Meeting, January 25, 1999 publicize and promote the Downtown activities. Steve Rasmussen, 2608 Cochin, and Gale Leetch, 115 South Cedar, spoke in support of the District. Clerk: Ordinance #8402 on its first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Clerk: Ordinance #8402 on its final passage. All those in favor of the passage of this ordinance 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, Ordinance #8402 is declared to be lawfully passed and adopted upon publication as required by law. Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that Ordinances numbered: #8439 - Authorization of Issuance of 1999 Water Revenue Refunding Bonds #8440 - Amendment to Emergency Snow Route 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. Second by Samuelson. Upon roll call vote, motion was adopted unanimously. Mayor: Is there anyone in the audience interested in any of these ordinances? Bill Beavers, bond counsel, reported that this item provided for the refinancing of water utility debt and that this refinancing had been developed in an effort to provide a present value savings of approximately $250,000. Chuck Haase, Finance Director, added that the outstanding balance of the 1993 bond issue was $4,505,000 which was being called by Resolution tonight and that this ordinance authorized the issuance of $4,390,000 in 1999 Water Revenue Refunding bonds. Mr. Haase added that the proceeds of these bonds would be used to refund the outstanding 1993 Water Revenue Bonds and that the anticipated interest rate range on the 1999 Bonds was 3.55% to 4.85%. Clerk: Ordinances #8439 and #8440 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. Clerk: Ordinances #8439 and #8440 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 each reading and final passage, Ordinances #8439 and #8440 are declared to be lawfully passed and adopted upon publication as required by law. I Page 4, City Council Regular Meeting, January 25, 1999 CONSENT AGENDA: Councilmember Whitesides requested that item G-7 be removed from the Consent Agenda. Motion by Pielstick, second by Whitesides, carried unanimously to approve the Consent Agenda, minus item G-7. Receipt of Official Documents, Including Business Improvement Board #1 and #2 Minutes for December 15, 1998, Minutes of Business Improvement Board Meetings Downtown BID #1. BID #2 for December 30, 1998, and Fiscal Year 1998 Electric and Water Audit. Approving Minutes of January 11. 1999 City Council Special Study Session, January 11. 1999 City Council Regular Meeting and January 18, 1999 City Council Study Session. Approving Appointment of Dan Cimino to Business Improvement District #1 and Earl Ahlschwede to Business Improvement District #2. Approving Request of Skagway Discount Department Stores, 1607 South Locust Street and 620 West State Street, for Class "D" Liquor Licenses. Approving Request of William C. Martin as Liquor Manager Designation for Skagway Discount Department Stores, 1607 South Locust Street and 620 West State Street. I #99- 31 - Awarding Contract for City Hall Vending Services to Great Plains Vending Company, Grand Island, Nebraska. #99-32 - Awarding Contract for Island Oasis Beverage Services to Pepsi of Grand Island, Nebraska. #99-33 - Awarding Bid for Ethernet Fiber Optics Connections to Field Offices to F & S Fiber Systems, Kearney, Nebraska in the Amount of $50,850. #99-34 - Approving Certificate of Final Completion for Asphalt Maintenance Proiect #98-AC- 1 to JIL Asphalt Paving Company, Grand Island, Nebraska. #99-36 - Approving Request of Monfort for Letter of Support for Replacement of Water Well. #99-35 - Approving Support and Sponsorship of the Annual Fishing Derby. Motion by Whitesides, second by Preisendorf to approve Resolution #99-35 authorizing support and sponsorship of the Annual Fishing Derby. Councilmember Whitesides recognized the work of Councilmember Seifert and his wife, Liz, for the organization of the Fishing Derby. Upon roll call vote, Pielstick, Preisendorf, Hosier, Whitesides, Murray, Samuelson, and Sorensen voted aye. Seifert abstained. Motion adopted. I REQUESTS AND REFERRALS: Referral of One and Six Year Street Improvement Plan to Regional Planning Commission. Bud Buettner, Assistant Public Works Director, reported that State law required that cities I I I Page 5, City Council Regular Meeting, January 25, 1999 adopt a six year Street Improvement Plan on an annual basis in order to maintain eligibility to receive state gas tax revenues and that an updated plan had been developed by the Public Works Department. It was noted that the plan should be referred to the Regional Planning Commission for review, after which time a public hearing would be held by the City Council. Motion by Samuelson, second by Sorensen, carried unanimously to approve. Councilmember Seifert questioned the extension of Independence A venue in relation to the Plan. Mr. Buettner noted that the Committee working on the issue would be making a recommendation to the Council. Approving Request of Chief Industries, Inc. for Abandonment of Electrical Easement Along the North Property Line of Lot 40, Reuting's Second Subdivision. Gary Mader, Utilities Director, reported that the Utilities Department had received a request from Chief Industries, Inc. to vacate the easterly 100 feet of the easement along the north side of Lot 40, Reutings 2nd Subdivision. Motion by Sorensen, second by Samuelson, carried unanimously to approve. RESOLUTIONS: #99-27 - Approving Amendment to Waiver/Fine Schedule. Motion by Sorensen, second by Preisendorf, carried unanimously to approve. #99-37 - Approving Acquisition of Easements for Hike/Bike Trail. Motion by Sorensen, second by Samuelson, carried unanimously to approve the acquisition of 25' of land extending from the east boundary of the St. Joseph railroad line. It was noted that Resolution #99-37 provided for authorization for City staff to proceed with acquisition of the property from the Union Pacific Railroad and to utilize condemnation proceedings in the event negotiations for acquisition are not successful. #99-38 - Approving Call of 1993 Water Revenue Bonds. Motion by Sorensen, second by Samuelson, carried unanimously to approve. #99-39 - Approving Amendment to Manufactured Home Park Plan for West Park Plaza. Craig Lewis, Building Inspections Director, reported that Chapter 21 of the City Code established the requirements for development and operation of a manufactured home park and that the Building Inspection Department had received a request for modification to the West Park Plaza plan which had been adopted by the County and acquired by the City as part of the jurisdictional area and annexation. Mr. Lewis reported that the request would allow for five recreational vehicle spaces. Motion by Preisendorf, second by Sorensen, carried unanimously to approve. #99-40 - Approving Request of Clean Community Systems for Matching Grant Funding for Household Hazardous Waste Collection Day. Charlie Cuypers, Interim City Administrator, reported that the 1998-1999 Annual Budget, Public Works Department, Solid Waste Division, included funding for cleanup activities and that in August, 1998, the Clean Community System conducted the first annual Household Hazardous Waste Collection Day in Hall County whereby over 62,000 pounds of paint, oil, anti-freeze, batteries, and other household hazardous wastes were collected. Betty Curtis, Executive Director of the Clean Community I I I Page 6, City Council Regular Meeting, January 25, 1999 Systems, reported that the cleanup had been funded by a grant from the Nebraska Department of Environmental Quality (NDEQ) and the Hall County/Grand Island Local Emergency Planning Commission and that due to the success of this effort, a second waste collection day was planned for August or September, 1999. Ms. Curtis noted that Clean Community Systems would be submitting an application to the NDEQ for funding assistance of this event and requested that the City of Grand Island provide a commitment of $2,000 to support the hazardous waste collection project. Motion by Seifert, second by Sorensen, carried unanimously to approve. Councilmember Seifert recognized Ms. Curtis for the success of the event. #99-41 - Consideration of Ambulance Billing Service Proposals. Charlie Cuypers, Interim City Administrator, reported that as discussed at the Special City Council Study Session of January 11, 1999, proposals had been received for ambulance billing services and that a Committee had reviewed the proposals and recommended that the proposals be reduced to two options for Council's consideration. Mr. Cuypers explained that the first option was to retain the ambulance billing services in house which required the creation of, and hiring of, a new part time position that would be supervised by an existing Senior Accounting Clerk who would spend approximately 1/8 of his/her time for ambulance billing services. It was noted that the second option would be to outsource the service to Medical Claims Assistance of St. Paul, Nebraska, who had submitted the lowest cost proposal; however that cost was higher than the staff recommendation to create the part time position. Mr. Cuypers added that if Option #1 was pursued, it was required that all proposals be rejected and that the new position be included on a future Salary Ordinance. Councilmember Preisendorf moved to retain the ambulance billing services in house. Second by Seifert. Councilmember Sorensen questioned the costs of providing the service in house. Councilmember Pielstick clarified that one position would be hired. Councilmember Whitesides noted that originally it had been discussed that a Senior Accounting Clerk was required to do the job and now it had been determined that an entry level position was necessary. Chuck Haase, Finance Director, stated that the Finance Department had a temporary person in their Department now to do what the Senior Accounting Clerk used to do and that the services of the temporary employee would be terminated. Councilmember Whitesides offered a friendly amendment to keep the billing service in house but reject the hiring of any new personnel. Mr. Haase stated that the Finance Department had attempted to complete the tasks with current level of staffing but had been unable to do so and suggested that if the Council did not want to approve the hiring of an additional staff member, it would be prudent to outsource the services. Councilmember Preisendorf noted that the City was service oriented and rejected the friendly amendment offered by Councilmember Whitesides. Councilmember Murray questioned why the $1 processing charge was removed from the City's bid but included on the bid from Medical Claims Assistance. Dale Shotkoski, Assistant City Attorney, reported that the computer set up cost would not be a recurring cost to the City but that Medical Claims Assistance had provided for a $1 fee for each new case. Councilmember Murray confirmed that the position would be located in the Finance Department and questioned whether the retention of the services in Finance was legal inasmuch as the Fire Department, not Finance, had responded to the request for proposals. Mr. Shotkoski stated that the motion should include the rejection of all proposals as well as retention of services in house. Councilmember Murray expressed displeasure with the handling of the requests for proposals and stated that he supported the rejection of all proposals. Charlie Cuypers, Interim City Administrator, stated that ideally the I I I Page 7, City Council Regular Meeting, January 25, 1999 situation ought to be retained in the Fire Department with a single point of contact but that the option to do so did not appear to be achievable. Councilmembers Preisendorf and Seifert withdrew their motion to retain the services in house. Motion by Preisendorf, second by Seifert, carried unanimously to reject all proposals. Mr. Shotkoski stated that the creation of the part time position would need to be returned to the City Council for consideration. PAYMENT OF CLAIMS: Motion by Samuelson, second by Murray, carried unanimously to approve the Claims for the period of January 11, 1999 through January 25, 1999, claim #72538, #72558, #72816, and #72839 through #73313, minus Claim #73008 in the amount of $46.80 that had been removed. ADJOURN TO EXECUTIVE SESSION: Motion by Murray, second by Preisendorf, carried unanimously to adjourn to Executive Session at 9:24 p.m. to discuss Union Negotiations and Real Estate Negotiations. RETURN TO REGULAR SESSION: Motion by Pielstick, second by Sorensen, carried unanimously to return to Regular Session at 9:50 p.m. ADJOURNMENT: The meeting was adjourned at 9:50 p.m. Respectfully submitted, ~(}q -X }lW1A-IvJ Cindy KiJohnson City Clerk I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION February 1, 1999 Pursuant to due call and notice thereof, a Study Session 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 January 27, 1999. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Larson, Pie1stick, Hosier, Seifert, Preisendorf, Whitesides, Lueth, Samuelson, Murray and Sorensen. The following City Officials were present: Interim City Administrator Charlie Cuypers, City Clerk Cindy Johnson, and Public Works Director Wayne Bennett. I Discussion on Street Improvement District #1210, Roush Lane. Wayne Bennett, Public Works Director, reviewed the history of the District and noted that the owners of the property had submitted a proposal to install asphalt paving on Roush Lane and Kingswood Drive at their expense. Mr. Bennett noted that a paving district had been created for the construction of the concrete paving, curb and gutter and storm sewer but that the Council did not continue the District due to concerns raised by a property owner due to costs. Bill Francis, attorney representing Joe Cobel, spoke on the issue and requested that a committee of property owners, City staff, and Councilmembers be formed to review the issue. Mr. Francis stated that if the City proceeded with Mr. Cobel's plan, $80,000 of the City's funding could be saved. Mr. Francis spoke in opposition to the lack of paving on Kingswood Drive. Councilmember Pielstick questioned the benefit of a Committee. Mr. Francis responded that a Committee would provide for a more frank discussion. Councilmember Sorensen spoke in support of the proposal submitted by the property owners to install asphalt paving on Roush Lane and Kingswood Drive at their expense. Interim City Administrator Charlie Cuypers stated that it was important to have Kingswood Estates paved. Councilmember Pielstick spoke in support of plan proposed by Mr. Cobel. Councilmember Samuelson questioned whether sidewalks would be installed. Mr. Francis responded that sidewalks would be installed. Councilmember Larson spoke in support of the asphalt paving but questioned if a combination curb and gutter with asphalt could be done. Mr. Francis stated that a combination of curb and gutter with asphalt would not be significantly reduced from concrete paving and curb and gutter. Mr. Bennett stated that the reduction would not be significant and that the overall maintenance costs would be increased for asphalt versus concrete paving. Councilmember Larson reiterated the need for sidewalks in the area. Councilmember Whitesides spoke on the declining quality of the project from the original plans presented to Council and voiced concern with end result in ten to fifteen I I Page 2, City Council Study Session, February 1, 1999 years. Mr. Bennett stated that the City had 1/3 asphalt streets and that asphalt was clearly higher maintenance than concrete paving. Councilmember Preisendorf stated that allowing asphalt paving would set a negative precedent for the City and would create drainage problems in the area. Councilmember Preisendorf added that asphalt maintenance required additional maintenance and was not consistent with plans for City. Mr. Francis stated that the Council had created a paving District but that Council had rescinded that District. Mr. Francis noted that the estimate for the costs associated with the concrete paving had increased over $125,000 since original discussions and that the drainage had been approved by the Public Works Department. Developer Joe Cobel stated that estimated costs had increased tremendously and that the current plan provided for a gravel street in the middle of the property. Mr. Cobel stated that the plan to provide affordable housing might not be a reality. Councilmember Preisendorf noted that the current zoning required that a foundation be in place for the dwelling units that might prevent a mobile home park from becoming a reality at that location. Councilmember Lueth asked that the issue be brought back to the Council with a proposal to approve the asphalt street plan as submitted by the developer. Councilmember Larson requested that the issue be brought back with a written requirement for sidewalks. It was noted that this item would be on the February 8, 1999 agenda. I Discussion on Schwarz Subdivision. Charlie Cuypers, Interim City Administrator, reported that the current policy of the City of Grand Island regarding the enforcement of code violations in the two mile zoning jurisdiction was that unless the matter involved a direct threat to human health, safety, or welfare, city staff was only permitted to investigate complaints and to use personal contact and correspondence in an effort to eliminate violations but that it was being requested to amend the policy to permit the City of Grand Island to use litigation if necessary to bring about compliance with city codes in the two mile jurisdiction. Councilmember Pielstick stated that EAST Neighborhood Association was prepared to assist the neighbors if they were interested in forming a neighborhood association. Councilmember Lueth asked ifthis was the area that had been before the Council previously and Council had determined that they did not want to pursue legal ramifications and asked if Merrick County would participate in the legal costs. Mr. Cuypers stated that he felt fairly confident that Merrick County would participate at some level. Councilmember Larson questioned if the issues had arisen from Merrick County Board or by the property owners. Interim City Administrator Cuypers responded that the issue had originally been brought to the City by two property owners in the area. Councilmember Whitesides noted that some areas within Grand Island itself needed assistance but that we had a moral obligation to assist these residents. Councilmember Murray stated that most of the workload would probably fall on the Legal Department and asked if the Legal Department could handle the increased tasks. Mr. Cuypers stated that the workload would be manageable and that there were areas north of the City limits that also needed addressed. Craig Lewis, Building Inspections Director, reported that the City's codes were in effect in the two mile zoning jurisdiction and that the codes required that the property owners meet the most stringent I I Page 3, City Council Study Session, February 1, 1999 requirements. Mr. Lewis stated that the latitude provided by the Legal Department was necessary to ensure compliance. Councilmember Pielstick noted that it was encouraging that the Association was asking for assistance. George Solt, 3523 East Seedling Mile Road, spoke in support of the City's involvement with code enforcement in the zoning jurisdiction. Councilmember Samuelson requested that this be brought to the Council at the next City Council meeting. I Discussion on One and Six Year Street Improvement Plan. Wayne Bennett, Public Works Director, presented the proposed One and Six Year Street Improvement Plan and noted that a Plan was required by State law as part of the requirements to receive over two and a third million dollars of State gas tax funds each year. Mr. Bennett reviewed the highlights of the Plan including improvements to South Locust leading to the new Interchange, expansion of South Locust Street to five lanes from Highway 34 to the Wood River Floodway, paving of Ada Street from Stolley Park Road to South Street, and paving in the Platte Valley Industrial Site down to Wildwood Drive, construction of left turn bays on Highway 281 at the F aidley Avenue intersection and hiker/biker trail construction to the Beltline. Mr. Bennett reviewed the highlights of the 2000-2004 construction season plans and noted that continuation and completion of the Wood River Floodway Project, continuation of hiker/biker trail construction, illumination and resurfacing of U.S. Highway 281 from Highway 34 to 1-80, construction of a four-lane roadway on East Highway 30 easterly to the Merrick County line and the continuation of South Locust roadway improvement from the floodway to 1-80. Mr. Bennett stated that the widening of U.S. Highway 30 from the viaduct to the one way system on the east had been in the State's long range plans for a number of years. Councilmember Murray voiced concern with this project being delayed for so many years and asked if there was something that the City could do to expedite the project. Mr. Bennett stated that although there was additional funding in the State's budgets, the project was not expedited. Mayor Gnadt pledged to take a delegation to Lincoln to meet with the new Director for the Department of Roads and discuss it in person. Councilmember Whitesides spoke in support of moving this project along. Mr. Bennett su~gested there might be an opportunity for the business owners and residents along 2n Street in this area to work together on an Improvement District. Councilmember Seifert questioned the status of the Independence Avenue extension project. Mr. Bennett noted that the plan for this street had not been identified yet by the Committee. Councilmember Seifert suggested that plans for this extension be moved along. I Review of Proposed Salary Ordinance Amendment. Lisa Thayer, Personnel Director, reviewed the proposed salary ordinance amendment including changes resulting from the proposed IBEW Labor Union Agreement. Mrs. Thayer noted that the IBEW contract and the salary ordinance would be brought before the Council at the February 8, 1999 City Council meeting for consideration. Mrs. Thayer added that union negotiations would begin soon with the FOP and that it was proposed that salary surveys be conducted for non-union employees and that the City address the issue of internal equity that is resulting from union negotiations. Charlie Cuypers, Interim City Administrator, I Page 4, City Council Study Session, February 1, 1999 reiterated the need for the salary surveys to be conducted for non-union employees and noted that discussions had been held on the potential use of an outside consultant to conduct the salary surveys. I Discussion on Endowment Fund. Alan Sydow, 1804 West 10th Street, requested that the City Council consider the establishment of an endowment fund utilizing a half percent sales tax. Mr. Sydow stated that he had been in discussion with Senators, local business people and other key individuals. Councilmember Murray stated that he had been made aware of the issue last fall and had had some time to look at the proposal. Mr. Murray voiced concern with raising taxes paid today so that sometime in the future someone would benefit from the endowment fund. Councilmember Sorensen questioned whether any other Nebraska cities had implemented a similar plan. Mr. Sydow responded that he was not aware of any. Councilmember Pielstick suggested that the information be provided to Governor Johanns. Interim City Administrator Charlie Cuypers suggested that a model be researched to determine what the impact would be. Councilmember Murray spoke in support of a pay as you go system to provide accountability for government expenditures. Councilmember Whitesides noted that the half cent sales tax could be utilized for a number of different uses, including police protection. Councilmembers Larson and Sorensen spoke in support of having a model completed as recommended by Mr. Cuypers. Mayor Gnadt suggested that the Endowment Fund be considered at the Council Retreat. George Solt, 3523 East Seedling Mile Road, spoke in support of the Endowment Plan. Councilmember Seifert questioned the impact this Plan would have on bonding possibilities and suggested that we attempt to avoid bonding projects. Mr. Solt noted that the Plan would not payoff indebtedness already incurred but would function more as a retirement plan, setting small amounts of dollars aside for a long period of time. Councilmember Lueth questioned if inflation had been considered in the Plan. Mr. Sydow stated that it had. Councilmember Lueth agreed with Councilmember Pielstick in forwarding the issue to Governor Johanns. Donna Fredrick, 2708 West Anna, spoke in support ofthe proposal. I Update on Bidding Process for Employee Health and Dental Insurance. Lisa Thayer, Personnel Director, reported that as a result of Council's direction last year, the employee health insurance coverage would be bid out. Mrs. Thayer noted that the request for proposals would also include an expanded Section 125 or Cafeteria Plan. Mrs. Thayer explained that the City's Risk Management Committee be charged with the mission of reviewing and making recommendations relative to insurance and safety matters as well as other personnel issues and that it was proposed that a Council liaison be appointed to serve on this Committee. It was noted that the selection of the vendor would be presented to the City Council in March in order to have continuing Health Insurance in May when the current policy expires. Councilmember Larson stated that there were national concerns relative to the increasing health insurance costs. Councilmember Pielstick questioned what would be included on the Cafeteria Plan. Mrs. Thayer responded that proposals were being sought for both self-insured and not self-insured and I Page 5, City Council Study Session, February 1, 1999 that the Section 125 Plan included a number of options such as health insurance, child care, dental insurance, and optical coverage. Councilmember Pielstick asked whether the self-insured program would then be eliminated. Mrs. Thayer responded that the self- insured program would be reviewed along with other options. Interim City Administrator Charlie Cuypers explained that the entire employee health insurance, dental insurance and potential use of Cafeteria Plan would be reviewed based on proposals submitted. Mr. Cuypers noted that the provision of insurance benefits was a policy decision that would be made by Council. Adjournment. The meeting was adjourned at 9:28 p.m. Respectfully submitted, 111 d ' fko~ C:0v/1 i-;r- 4< (lu--{V0~~ Cindy K. f.6hnson U City Clerk I I I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING February 8, 1999 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 February 3, 1999. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Larson, Pielstick, Seifert, Whitesides, Lueth, Murray, Samuelson, and Sorensen. Preisendorf and Hosier were absent. The following City Officials were present: Interim City Administrator Charlie Cuypers, City Clerk Cindy Johnson, and Public Works Director Wayne Bennett. PLEDGE OF ALLEGIANCE was said, followed by INVOCATION given by Councilmember Larson. RESERVE TIME TO SPEAK ON AGENDA ITEMS: 11 individuals reserved time to speak on agenda items. PROCLAMATIONS AND PRESENTATIONS: Recognition of Recipients for Personal Action Awards by Red Cross. Cathy Riebschlager, Red Cross Health and Safety Director, and Todd McCoy, Recreation Superintendent and Red Cross volunteer, recognized Katie Fuller, Marilyn Jacobson, Sue Czaplewski, Rose McPhillips, Anthony McPhillips, Heather Czaplewski, Deb Wetzel, Travis Meier, Ron Anderson, and Helen O'Brian for personal action awards, given to those individuals who use Red Cross CPR/first aid skills to save and sustain a life. Recognition of Communitv Service Completed by Dan and Mark Andersen. Mayor Gnadt recognized Dan and Mark Andersen for their community service efforts involving the cleaning up of City property. Presentation to City by Hispanics for Success/Educational Excellence Group. Representatives from the Hispanics for Success/Educational Excellence Group presented the City with a certificate for their support of the Educational Excellence Symposium Series. Presentation on First Quarterly Financial Review. This item was removed from the agenda. PUBLIC HEARINGS: Public Hearing on Request of Bosselman OiL Inc.. for Change of Land Use Designation for Property Located at the Southeast Corner of Highway 281 and Capital Avenue. Dave Barber, Regional. Planning Director, reported that Bosselman Oil, Inc., 4501 Juergen Road, had submitted a request to rezone the property located at the southeast corner of Capital A venue and Highway 281 from "Bl" (Light Business) zone to "B2" (General Business) zone for the purpose of allowing automotive sales. It was noted that the Regional Planning Commission, at their February 3, 1999 meeting, had recommended approval. Fred Bosselman, 3119 I I I Page 2, City Council Regular Meeting, February 8, 1999 Brentwood Boulevard, and Bill Ruhlman, 2214 West Louise Street, spoke in support of the request. There was no additional testimony. Public Hearing on Request of Bill Martin for Change of Land Use Designation for Property Located Between Highway 281 and Webb Road, North of Old Potash Highway. Dave Barber, Regional Planning Director, reported that Bill Martin, 620 West State Street, had submitted a request to rezone approximately 10 acres located between Highway 281 and Webb Road, north of Old Potash Road from "TA" (Transitional Agriculture) zone to "B2" (General Business) zone to allow for commercial redevelopment of the entire property as proposed in the Martin's Subdivision Preliminary Plat. It was noted that the Regional Planning Commission, at their February 3, 1999 meeting, had unanimously recommended approval. Mike Yost, 201 East Sycamore, spoke in support of the request. No additional public testimony was heard. Public Hearing on Request of Little B's Corporation for Change of Land Use Designation for Property Located East of North Road Between State Street and 13th Street. Dave Barber, Regional Planning Director, reported that Little B's Corp, 4444 West 13th Street, had submitted a request to rezone the property located east of North Road between State Street and 13th Street from "TA" (Transitional Agriculture) zone to "Rl" (Suburban Residential), "R3" (Medium Density Residential), and "Bl" (Light Business) zones to allow for the development of 201 single family residential dwellings and a 2.8 acre neighborhood convenience retail site, as proposed in the Summerfield Estates Preliminary Plat. It was noted that the Regional Planning Commission, at their February 3, 1999 meeting, had recommended approval. Greg Baxter, applicant, Mike Yost, Olsson Associates, and Bob Clymer, 1304 Grand Avenue, spoke in support of the request. SheilaVanderwalle, 2005 North North Road, Margaret Goer!, 1410 North North Road, and Kevin Goer!, 1410 North North Road, spoke on concerns relative to increased traffic on 13th Street and North Road, and spoke against the Bl zoning. No additional public testimony was heard. Public Hearing on Request of Island Landhandlers for Conditional Use Permit for Sand and Gravel Operation. Craig Lewis, Building Inspections Director, reported that Marjorie A. Roberts, dba Island Landhandlers, Inc., 2419 South North Road, Grand Island, Nebraska, had submitted an application with the City Clerk's Office for a new Conditional Use Permit to allow for a sand and gravel operation. Mike Stauffer, Kearney, owner of the property in question, stated that the property was being used as a sand and gravel operation but that the operators had run out of land and needed to expand. No additional public testimony was heard. Public Hearing on Acquisition of Utility Easement at Alleyway on the west side of Cedar Street between Third Street and South Front Street. Gary Mader, Utilities Director, reported that acquisition of utility easements and rights-of-way located in the alleyway on the west side of Cedar Street between Third Street and South Front Street, was required in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers, as a part of the Downtown Alley Undergrounding Project. No public testimony was heard. Public Hearing on Request of Gibby's Inc.. for Change of Location for Class "c" Liquor License. Cindy Johnson, City Clerk, reported that Tom Gibson, President, representing Gibby's Inc., dba Gibby's Pool Hall, had submitted an application with the City Clerk's Office for a Change of Location for Class "c" Liquor License from 107 North Walnut Street to 807 West Fourth Street. Ms. Johnson offered the following exhibits for the record: application I I I Page 3, City Council Regular Meeting, February 8, 1999 submitted to the Liquor Control Commission and received by the City on January 22, 1999; notice to general public of date, time, and place of hearing published on January 27, 1999; notice to applicant of date, time, and place of hearing mailed on January 25, 1999; Chapter 4 of City Code and departmental reports as required by law. It was noted that minor repairs were needed prior to issuance of the license. No public testimony was heard. Public Hearing on Acquisition of Drainage Easement. Charlie Cuypers, Interim City Administrator, reported that acquisition of a drainage easement and right-of-way located on portion of Firethorne Lake laying east of Midaro Drive and what was formerly known as the Lacy Property, was required in conjunction with the South Locust/I-80 Interchange Project and that this Public Hearing applied to land not covered by the prior Resolution, but was necessary because Firethorne Lake had been enlarged onto this land. No public testimony was heard. Public Hearing on Proposed One and Six Year Street Improvement Plan. Wayne Bennett, Public Works Director, reported that the Engineering Division of the Public Works Department had prepared a proposed One and Six Year Street Improvement Plan as provided for by State Statutes and that the plan had been presented to the City Council at the City Council Study Session of February 1, 1999 and the Planning Commission at their February 3, 1999 Regular Meeting. Mr. Bennett noted that the plan addressed street and drainage improvements throughout the City and was intended to prioritize needs and address federal and local funding availability. It was noted that the plan was revised each year in order to incorporate changing requirements resulting from varying local priorities and funding limitations and needed to be submitted to the Nebraska Department of Roads by March 1, 1999. 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: #8441 - Consideration of Creation of Street Improvement District #1222, South Locust Street from Highway 34 to Wood River Floodway #8442 - Consideration of Request for Change of Land Use Designation 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. Second by Samuelson. Upon roll call vote, all voted aye. Motion adopted. Mayor: Is anyone in the audience interested in any of the ordinances? No further discussion took place. Clerk: Ordinances #8441 and #8442 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. Clerk: Ordinances #8441 and #8442 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. I I I Page 4, City Council Regular Meeting, February 8, 1999 Mayor: By reason of the roll call vote on first reading and then upon final passage, Ordinances #8441 and #8442 are declared to be lawfully passed and adopted upon publication as required by law. Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinance numbered: #8443 - Consideration of Request for Change of Land Use Designation 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. Second by Samuelson. Upon roll call vote, all voted aye. Motion adopted. Mayor: Is anyone in the audience interested in ordinance? No further discussion took place. Clerk: Ordinance #8443 on its first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Clerk: Ordinance #8443 on its final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor: By reason of the roll call vote on first reading and then upon final passage, Ordinance #8443 is declared to be lawfully passed and adopted upon publication as required by law. Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinance numbered: #8444 - Consideration of Request for Change of Land Use Designation 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. Second by Seifert. Upon roll call vote, all voted aye. Motion adopted. Mayor: Is anyone in the audience interested in ordinance? Councilmember Pielstick questioned whether Mr. Baxter had talked to school officials relative to potential impact of the housing development. Mr. Baxter stated that he had not. Councilmember Lueth questioned the proposed drainage and ground water concerns. Mr. Bennett responded that the drainage system had more capacity than what was typically available and that the houses would be required to install subsurface drainage systems as per City Code. Councilmember Lueth asked the anticipated purchase cost of the proposed housing. Mr. Baxter responded that they anticipated a wide array of prices due to a wide array of options. Councilmember Lueth questioned whether the housing development would move forth if the B1 zone were deleted. Mr. Baxter responded that it would not be economically feasible to continue with the development if the B1 zone were removed. Discussion was held on the need to reduce the speed limits on 13th Street upon completion of the development. Mr. Baxter anticipated that the development would take place over the next 10 years. City Clerk Cindy Johnson read a I I I Page 5, City Council Regular Meeting, February 8, 1999 memorandum from Mr. Bennett to Councilmember Seifert relative to the accident rate at the intersection of 13th Street and North Road and suggested that following results of an official traffic study, flashing red lights might be warranted. Clerk: Ordinance #8444 on its first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Clerk: Ordinance #8444 on its final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor: By reason of the roll call vote on first reading and then upon final passage, Ordinance #8444 is declared to be lawfully passed and adopted upon publication as required by law. Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinance numbered: #8445 - Consideration of Amendment to Salary Ordinance 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. Second by Seifert. Upon roll call vote, all voted aye. Motion adopted. Mayor: Is anyone in the audience interested in ordinance? Councilmember Lueth questioned the changes made to the Ordinance distributed this evening. Ms. Johnson noted that the ordinance in the packet included a change that was made with pen, not typed in and that the ordinance before the Council was a typed version of what was included in the packet. Clerk: Ordinance #8445 on its first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Clerk: Ordinance #8445 on its final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor: By reason of the roll call vote on first reading and then upon final passage, Ordinance #8445 is declared to be lawfully passed and adopted upon publication as required by law. CONSENT AGENDA: Motion by Lueth, second by Seifert, carried unanimously to approve the Consent Agenda. Receipt of Official Documents, including Civil Service Commission Minutes for December 4, 1998 and Library Board Meeting Minutes of January 4, 1999. Approving Minutes of January 25, 1999 City Council Regular Meeting and February L 1999 City Council Study Session. Councilmember Lueth abstained from voting on G2b. I I I Page 6, City Council Regular Meeting, February 8, 1999 Approving Request of Tom Gibson for Change of Location for Class "C" Liquor License. Gibby's Pool Hall to 807 West Fourth Street. Approving Preliminary Plat for Martin's Subdivision. It was noted that the plat encompassed 35 acres of land located immediately north of Old Potash Highway, between Highway 281 and Webb Road and that it was proposed that the vacant property be redeveloped for commercial use, by creating a total of 4 commercial lots. Approving Preliminary Plat for Summerfield Estates Subdivision. It was noted that Little B' s Corporation had submitted a preliminary plat for Summerfield Estates Subdivision, encompassing 69 acres of land located immediately east of North Road, between 13th Street and State Street and that the proposed use of the property was single family development, supplemented with 2.89 acres of neighborhood convenience retail development. #99-42 - Awarding Bids for Purchase of Computers for the Librarv from State Contract #CA4268F-Dell For a Cost of $14.546. #99-43 - Awarding Contract for Tire Clean Up Day to Central States Tire Recycling. Sioux City. Iowa for a Cost of $104 per ton. #99-44 - Awarding Contract with Physician Resource Network for Medical Director for Paramedic Program In the Amount of $10.000. #99-45 - A warding Bid for Concrete Repairs for Transfer Station and Landfill to Buck Construction. Grand Island. Nebraska. in the Amount of $46.895. #99-46 - Awarding Bid for Conventional Truck Tractor to Nebraska Peterbilt Ford. Grand Island. Nebraska. in the Amount of $68.345 after trade in. #99-47 - Approving Certificate of Final Completion for Sidewalk District #1. 1998. #99-48 - Approving Acquisition of Utility Easement at the Alleyway on the west side of Cedar Street between Third Street and South Front Street. #99-49 - Approving Acquisition of Drainage Easement. #99-51 - Approving Labor Union Contract with International Brotherhood of Electrical Workers (lBEW). #99-52 - Approving Final Plat and Subdivision Agreement for Game Bird Second Subdivision. It was noted that the plat for Game Bird Second Subdivision, located north of Bismark Road, approximately 1,000 feet west of Gunbarrel Road, within the City's two mile zoning jurisdiction, provided for an adjustment to the lot line. A break was taken from 8:45 p.m. - 8:50 p.m. REOUESTS AND REFERRALS: I I I Page 7, City Council Regular Meeting, February 8, 1999 Consideration of Request of Island Landhandlers, Inc.. 2419 South North Road, for Conditional Use Permit for Sand and Gravel Operation. Motion by Sorensen, second by Seifert, carried unanimously to approve. Consideration of Request of Michael and Deidre Mack for Acquisition of Right-of-Way. Wayne Bennett, Public Works Director, reported that Michael and Deidre Mack, 223 Voss Road, had submitted a request with the City Clerk's Office for acquisition of a property located north of 223 Voss Road for the purpose of providing for construction of an addition to an existing home. Mr. Bennett noted that the right-of-way was currently used by a number of persons and was originally dedicated for future development but that approval was recommended contingent upon retirement of easements and installation of sidewalk in front of the property. Motion by Sorensen, second by Larson, to approve the request. Councilmember Seifert questioned whether there was room in the easement for utilities. Mr. Bennett recommended that retention of an easement be considered. Deidre Mack, 223 Voss Road, spoke in support of the application. Councilmember Whitesides moved that the request be tabled to the March 1, 1999 Study Session inasmuch as there had been considerable neighborhood opposition to the initial request submitted three years ago and the neighbors had not been notified of this request. Councilmember Seifert requested that a map of the area be included in the March 1, 1999 City Council Meeting packet. Councilmember Lueth requested that the neighbors be provided notice of the request. Second by Seifert to table. Upon roll call vote, Larson, Seifert, Whitesides, Lueth, Samuelson, Sorensen and Murray voted aye. Pielstick voted nay. Motion adopted. RESOLUTIONS: #99-53 - Approving Resolution of Intention to Create Business Improvement District #3, South Locust Street. It was noted that as discussed at the January 11, 1999 City Council Meeting, the City Clerk's Office had received a request for creation of a Business Improvement District for South Locust Street between Highway 34 and Stolley Park Road and that the Regional Planning Commission, at their February 3, 1999 meeting recommended unanimously approval of the creation of the district. Motion by Sorensen, second by Seifert, carried unanimously to approve. #99-55 - Approving One and Six Year Street Improvement Plan. Councilmember Seifert recommended that improvements to 13 th Street and North Road be included in the One and Six Year Plan due to the expected growth of the area. Wayne Bennett, Public Works Director, suggested that the general concept of the 1992 Land Use Plan be followed and leave the improvements in the long range plan as provided for in the Land Use Plan. Mr. Bennett added that an update to the 1992 Comprehensive Plan was scheduled for the next year or two. Motion by Samuelson, second by Sorensen, carried unanimously to approve the One and Six Year Street Improvement Plan. Councilmember Seifert offered a friendly amendment to include improvements to 13th Street and North Road. Councilmember Samuelson declined the friendly amendment. Councilmember Murray spoke in support of following the general concept of the Land Use Plan. Upon roll call vote to approve the One and Six Year Plan, motion was adopted unanimously. #99-56 - Consideration of a Resolution Approving Request Relative to Placement of Asphalt on Roush Lane. Charlie Cuypers, Interim City Administrator, reported that as discussed at the February 1, 1999 City Council Study Session, the City Attorney's Office had received a request from the developers for Roush Subdivision asking that they be allowed to install, at I I I Page 8, City Council Regular Meeting, February 8, 1999 their own expense, asphalt paving, 6 inches thick and without curb or gutter on Roush Lane and Kingswood Drive. It was noted that it was anticipated that existing underground and open ditch drainage would be used in this area. Mr. Cuypers stated that the City Council at its meeting of December 21, 1998 voted to deny the construction of Street Improvement District #1210 for Roush Lane and Kingswood Estates due to concerns raised regarding costs and that although this was not the option preferred by the Public Works Department due to drainage and maintenance concerns, it appeared that it may be a workable compromise. Motion by Sorensen, second by Pielstick to approve. Bill Francis, attorney representing the developers, spoke on the issue. Councilmember Larson spoke on the importance of the installation of sidewalks upon development of the property asked that this be included in the Resolution. Mr. Larson's amendment was accepted. Craig Lewis, Building Inspections Director, noted that the Subdivision Agreement provided for the installation of sidewalks also. Motion to adopt the amended Resolution was approved unanimously. #99-57 - Approving Resolution Authorizing: Litigation Relative to Two Mile Zoning Jurisdiction. Charlie Cuypers, Interim City Administrator, reported that as discussed at the February 1, 1999 City Council Study Session, the current policy of the City permits enforcement by litigation of City Code violations in the two mile zoning jurisdiction only in instances involving a direct threat to human health, safety, and welfare. Mr. Cuypers added that in instances that did not meet this criteria, staff had been limited to obtaining compliance by requesting individuals to do so, either by personal contact or correspondence. It was noted that because a number of complaints had been received by the City relative to Code violations that did not involve a direct threat to human health, safety, and welfare criteria, the City Attorney's Office had requested that the Department be authorized to use litigation, if necessary, to enforce the City Code in the two mile zoning jurisdiction. Mr. Cuypers stated that it was anticipated that the increase to the work load would be nominal and that funding to provide legal fees associated with the litigation could be received from other sources. Motion by Seifert, second by Samuelson, carried unanimously to approve. Doug Ferguson, 102 Lynn Lane, spoke in opposition. Councilmember Lueth questioned whether Merrick County had agreed to participate in the court costs. Mr. Cuypers responded that he would be contacting Merrick County once Council took official action. #99-58 - Approving First Quarterly Amendment to 1998-1999 Annual Budget. This item was removed from the agenda. PAYMENT OF CLAIMS: Motion by Lueth, second by Samuelson, carried unanimously to approve the Claims for the period of January 26, 1999 through February 8, 1999, Claim #73173, #73174, and #73314 through #73712. Councilmember Seifert abstained from voting on Claim #73397. Councilmember Whitesides abstained from voting on Claim #73397. ADJOURNMENT: The meeting was adjourned at 9:22 p.m. Respectfully submitted, ~I)f~ Cindy K. Johnson City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING February 15, 1999 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 February 10, 1999. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmember Larson, Pielstick, Seifert, Preisendorf, Whitesides, Lueth, Samuelson, Murray and Sorensen. Councilmember Hosier was absent. The following City Officials were present: Interim City Administrator Charlie Cuypers, City Clerk Cindy Johnson, Finance Director Chuck Haase, and Public Works Director Wayne Bennett. PLEDGE OF ALLEGIANCE was said, followed by INVOCATION given by Councilmember Pielstick. RESERVE TIME TO SPEAK ON AGENDA ITEMS: Three individuals reserved time to speak on agenda items. PRESENTATIONS AND PROCLAMTIONS: Presentation of First Quarterly Financial Report. Chuck Haase, Finance Director, reviewed the first quarter financial reports that included a summary of the revenue, expenditure, and cash balances. Councilmember Seifert clarified what was included under general obligation bonds. Mayor Gnadt Recognized Jason Harper and Jodi Harper for their Designation as Prudential Spirit of Community Volunteers. PUBLIC HEARINGS: Public Hearing on Request of RN Concessions, 700 East Stolley Park Road,for Addition to Premises Liquor License. Cindy Johnson, City Clerk, reported that Jean Mohnike, owner, RN Concessions, 700 East Stolley Park Road, had submitted an application with the City Clerk's Office for an Addition to Premises Liquor License, in conjunction with the Class "C" and Class "K" Liquor Licenses presently held and that the addition would allow an addition to the premises to include the softball complex building. Ms. Johnson offered the following exhibits for the record: Application submitted to Liquor Control Commission and received by the City on February 4, 1999; notice to applicant of date, time, and place of hearing mailed on February 5, 1999; notice to general public of date, time, and place of hearing published on February 5, 1999; departmental reports as required by Code; and Chapter 4 of City Code. No public testimony was heard. I I I Page 2, City Council Regular Meeting, February 15, 1999 Public Hearing on Proposed Amendment to Chapter 36 of City Code Relative to Zoning Regulations. Dave Barber, Regional Planning Director, reported that amendments were proposed to Chapter 36 of the City Code to address outstanding concerns relative to zoning ,regulations. It was noted that this amendment would facilitate development of off-street parking for schools and churches, adjust certain setback rules, exclude new residential occupancy in industrial zones, and require new car and truck sales and rental lots to be hard- surfaced. No public testimony was heard. ORDINANCES: #8446 - Considering Amendment to City Code Chapter 16 Relative to Ambulance Billing Service Fees. Interim City Administrator Charlie Cuypers noted that a request had been made to analyze the emergency medical services and costs and that it might be prudent to delay action on this Ordinance and the corresponding Resolution until such a time as that was completed. Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinance numbered: #8447 - Amendment to City Code, Chapter 36 Relative to Zoning Regulations 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 Lueth seconded the motion. Upon roll call vote to suspend the rules, all voted aye. Motion adopted. Mayor: Is there anyone in the audience interested in the ordinance? Councilmember Lueth voiced concern with the ordinance as it related to farm implement and car sales companies. Councilmember Murray confirmed that all existing businesses would be grandfathered in and that the ordinance would affect new businesses after the ordinance was in effect. Clerk: Ordinance #8447 on its first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Clerk: Ordinance #8447 on its final passage. All those in favor of the passage of this ordinance 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 the first reading and then upon final passage, Ordinance #8447 is declared to be lawfully passed and adopted upon publication as required by law. Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinance numbered: #8448 - Amendment to City Code, Chapter 22 Relative to Parking Fines I I I Page 3, City Council Regular Meeting, February 15, 1999 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 Samuelson seconded the motion. Upon roll call vote to suspend the rules, all voted aye. Motion adopted. Mayor: Is there anyone in the audience interested in the ordinance? No comments were made. Clerk: Ordinance #8448 on its first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Clerk: Ordinance #8448 on its final passage. All those in favor of the passage of this ordinance 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 the first reading and then upon final passage, Ordinance #8448 is declared to be lawfully passed and adopted upon publication as required by law. CONSENT AGENDA: Councilmember Samuelson requested that items G2 and G3 be removed from the Consent Agenda. Motion by Pielstick, second by Samuelson, carried unanimously to approve the Consent Agenda minus G-2 and G-3. Approving Minutes of February 8, 1999 City Council Regular Meeting. Councilmember Preisendorf abstained from voting on this issue inasmuch as he was absent. #99-59 - Approving Change Order #1 to Contract with Advantage Engineer in the Amount of $145,000. #99-60 - Awarding Bid for Transfer Station Roof Repair to Husker Sales and Distributing, Inc., Grand Island, Nebraska, in the Amount of $36.340. Approving Request of RN Concessions, 700 East Stolley Park Road, for Addition to Liquor License Premises. Motion by Samuelson, second by Lueth to deny the request for the addition to liquor license premises. Councilmember Samuelson noted that youth would be present in the vicinity that alcohol was being served. Jean Mohnike, applicant, noted that the softball complex was the area being requested as an addition to the license and that the license already provided for the sale of alcohol in the grandstand and other areas. Councilmember Whitesides questioned if there were other softball fields with liquor licenses. City Clerk Cindy Johnson noted that the request was similar to that of the Racquet Center and the golf course. Councilmember Sorensen stated that Hastings Softball Complex allowed the sale of alcohol and that Grand Island needed to do the same if we wanted to be competitive in attracting tournaments. The vote was taken on the motion to deny the request. Councilmembers Lueth and Samuelson voted aye. Larson, Pielstick, Preisendorf, Seifert, Whitesides, Murray and Sorensen voted nay. Motion failed. Motion by Sorensen, second by Whitesides to approve the request. Upon roll call vote, Sorensen, Murray, Whitesides, Seifert, Preisendorf, Larson and I Page 4, City Council Regular Meeting, February 15, 1999 Pielstick voted aye. Samuelson and Lueth voted nay. Motion to approve the request was adopted. Approving Appointments to Backflow Committee. Motion by Murray, second by Samuelson to approve the recommendations of the Mayor for appointments to the Backflow Committee, including Brian Summers, Doug Hough, Norman Nietfeldt, Bob Herman, Lonnie Davis, Jim Reed, Councilmembers Whitesides and Larson and City staff Gary Mader, Bob Smith, Emily Herman, Craig Lewis, and Clark Kalkowski. Lonnie Davis, 419 South Tilden, spoke in opposition to the composition of the Backflow Committee, stating that there were several other interested parties whose names had been suggested. Councilmember Whitesides stated that it was the Mayor's prerogative to forward the names and that the Council had the authority to either support or deny the recommendation. Councilmember Seifert stated that although the Committee had been criticized as being heavy on City staff, the list included several realtors. Councilmember Murray noted that it was important that the people appointed to the committee serve with an open mind and be willing to discuss the issue. Councilmember Lueth recommended letting all serve who had an interest. Randy Stueven, 233 Gunbarrel Road, spoke in opposition to the formation of the Committee as forwarded. Roll call vote was taken on approval of the committee. Upon roll call, Larson, Seifert, Preisendorf, Murray and Samuelson voted aye. Whitesides, Lueth, Sorensen, and Pielstick voted nay. Mayor Gnadt cast the sixth and deciding vote in support of creation of the committee and appointments to. Motion adopted. Councilmember Sorensen left the meeting at 8:15 p.m. due to illness. I RESOLUTIONS: #99-50 - Approving Request of NAFCO Credit Union, 112 North Cedar Street, for 20-Minute Parking Designation. Dianne Kelley, Downtown Development Director, reported that Marian Sisson, General Manager, NAFCO Credit Union, 112 North Cedar Street, had requested a designated 20-minute parking space at 112 North Cedar Street, due to the high demand for parking locations in that area and their concern that their banking customers may be unable to find a parking location within a reasonable distance from the credit union. Motion by Lueth, second by Seifert, carried unanimously to approve. I #99-54 - Approving Part Time Ambulance Billing Services Position and Amendment to User Fee Schedule. Motion by Lueth, second by Whitesides to table the Resolution and Ordinance until a cost study is completed for Emergency Medical Services. Upon roll call vote, Larson, Pielstick, Whitesides, Lueth, Samuelson, Sorensen, and Murray voted aye. Seifert and Preisendorf voted nay. Motion adopted. #99-58 - Approving First Quarterly Budget Amendment to 1998-1999 Annual Budget. Chuck Haase, Finance Director, reported that a number of amendments to the Fiscal Year 1998-1999 Annual Budget were proposed to reflect the actual and projected costs associated with various projects and activities that differ from that anticipated in the original document. Mr. Haase noted that the revisions did not increase the total appropriations, but did transfer operating activity between departments. Mr. Haase noted that it was appropriate to amend the budget from time to time to address priorities which arise during the fiscal year and that this amendment would be for credit card equipment for the Public Information and Records Management Department and the Building Department, a provision for costs associated with Page 5, City Council Regular Meeting, February 15, 1999 I the City Administrator Search, additional vehicle towing expense, and interim City Administrator costs. Motion by Samuelson, second by Larsen, carried unanimously to approve. It was noted that the amount referenced in the Resolution relative to ambulance billing services would be decreased to $35,791 to reflect the alignment of the ambulance billing serVIces. #99-61 - Approvin~ Request to Amend Manufactured Home Park Plan for Bill's Mobile Home Park. Craig Lewis, Building Inspections Director, reported that Chapter 21 of the City Code establishes the requirements for development and operation of a manufactured home park and that the Building Inspection Department has received a request for modification to Bill's Mobile Home Park Plan which had been adopted by the County and acquired by the City as part of the jurisdictional area and annexation. It was noted that the request would allow for relocation of three mobile home spaces. Motion by Larsen, second by Preisendorf, carried unanimously to approve. PAYMENT OF CLAIMS: Motion by Lueth, second by Samuelson, carried unanimously to the Claims for the period of February 9, 1999 through February 15, 1999, claim #73713 through #74051. ADJOURNMENT: The meeting was adjourned at 8:32 p.m. Respectfully submitted, I Cu',d Lj-. I( r?J#1 n J ~ Cindy K. fShnson City Clerk I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL SPECIAL STUDY SESSION (RETREAT) February 27, 1999 Pursuant to due call and notice thereof, the City Council of the City of Grand Island, conducted a Special Study Session (Retreat) on February 27, 1999 at Camp Augustine. Notice of the meeting was posted on February 19, 1999 and published in the Grand Island Independent on February 26, 1999. Mayor Gnadt called the meeting to order at 8:30 p.m. The following members were present: Mayor Gnadt, Councilmembers Pielstick, Lueth, Seifert, Sorensen, Whitesides, Samuelson, Preisendorf, Larson, and Murray. Hosier was absent. The following City Officials were present: Interim City Administrator Charlie Cuypers, City Clerk Cindy Johnson, and Finance Director Chuck Haase. Welcome and Introductory Comments were made by Mayor Gnadt and Council President Larry Seifert. I Discussion on Electronic Communication for Councilmembers. Discussion was held on the options available for connection of the City Council to the City's Intranet and email system. The consensus of the Council was to direct staff to determine the number of computers that would need to be purchased to be compatible with the City's system and to review the costs associated with the procurement of multiple computers (lap top and standard). Study Session Location. Mayor Gnadt asked that the Council consider relocating the Study Sessions to the Community Meeting Room in an effort to encourage more casual interaction between staff and Council, as well as the public. Several Councilmembers stated that the public supported the broadcast of Study Sessions and inquired if the Study Sessions could be videotaped in the Community Meeting Room. Cindy Johnson, City Clerk, noted that the meetings could be videotaped but that the quality would be less than the meetings in the Council Chambers and they could not be broadcast live. The consensus of the Council was to relocate Study Sessions to the Community Meeting Room, with all Budget Hearings held in the Council Chambers for live broadcast. Financial Review. Chuck Haase, Finance Director, reviewed the City's revenues, sales and property tax, lid laws, and reserves. Discussion was held on the options available to the Council considering property tax and sales tax variables. I Establishment of Criteria Grid. Lee Elliott, facilitator, guided the Council through a process of establishing criteria for their long term goal setting process. The following criteria was established: 1) realistic; 2) affordable; 3) taxpayer friendly; 4) will it sell; I Page 2, City Council Special Study Session (Retreat), February 27, 1999 5)meet a real need for a number of people; 6) long range impact; 7) priority/placement in overall plan; 8) can it be accomplished with existing resources? Discussion was held on the need to increase information and education on the City's share of the property tax asking and to utilize a number of mediums to accomplish this, including utility inserts and GITV. Review of Departmental Budget Goals. Charlie Cuypers, Interim City Administrator, reviewed the departmental budget goals and noted that many departments had not requested new funds but that several major projects were scheduled for 1999-2000 including Wood River Warm Slough, 1-80 project, and that some issues such as future energy needs and pursuit of rail spur needed to be addressed. Mr. Cuypers stated that he proposed that the Community Development Department, Downtown Development Department and Regional Planning Department be merged into one Planning/Development Department, and that over time, two of the Director positions be modified to Technician positions in order to increase efficiencies and best utilize staff, as well as provide savings. I Long Range Planning. Lee Elliott, facilitator, assisted the Council through development of a long range plan. The Council determined that the following categories represented their long range plans: 1) economic development; 2) communication; 3) sales tax/new funding sources; 4) air traffic; community outreach; 5) government; 6) infrastructure/transportation; 7)parks and recreation; 8) housing; 9) business district; 10) public safety. Lunch break was taken from 12:30 p.m. to 1 :00 p.m. I The elected officials then discussed their priorities. Mayor Gnadt spoke on the need to look for new funding sources, specifically foundations, in an effort to lower property taxes. Councilmember Seifert voiced concern with the proposed endowment fund plan inasmuch as citizens wanted to see their tax dollars at work in the present and not 65 years in the future. Councilmember Whitesides spoke in support of implementation of a 12 cent sales tax to be used for parks and recreation, thereby freeing up general fund dollars for other uses such as economic development and public safety. Councilmember Pielstick spoke in support of pursuing public transportation. Cindy Johnson reviewed the efforts of the Transportation Committee. Councilmember Larson spoke in support of higher funding for economic development. Councilmember Samuelson spoke in support of pursing recreation and quality of life issues in an effort to retain residents in the community and stated that he supported the 12 cent sales tax pursuit. Mr. Samuelson spoke in support of purchasing land for parks in areas of town that were being developed as well as installing sidewalks for safety purposes. Councilmember Sorensen spoke in support of parks and recreation and public safety issues. Councilmember Seifert spoke in support of the extension of Independence Avenue. Councilmember Murray spoke in I Page 3, City Council Special Study Session (Retreat), February 27, 1999 support of continued information/communication efforts and the maintenance of public facilities including Police Department, Health Department, Pine Street Fire Station. Counci1member Lueth spoke in support of maintaining infrastructure, including storm, curb, gutters, etc., as well as for engineering studies to determine solutions for traffic/sidewalks issues. Counci1member Preisendorf spoke in support of park and recreation and economic development issues. Counci1members then clarified their broad goals into the following subcategories and voted on the priorities: Housing Improve Adequate Housing 4 Parks and recreation Tornado Hill/Winter Sports 7 Recreational vehicle camping, trails, other recreational opportunities 13 Parks and recreation 14 Parks/beautification efforts 7 Youth activities 0 Hike and bike in Capital Avenue area 4 I Infrastructure and Transportation Sidewalks/Independence Avenue extension No more septic tanks Wood River Warm Slough Project Power - building vs buying Infrastructure Wise growth/land use transportation Transportation Public facilities 180/South Locust o o o o 6 o 6 4 1 Air Traffic Central Nebraska Air Services 9 Economic Development CAAP Living wage jobs Jobs/jobs/jobs Economic development Improve medical facilities o o 6 13 o I I Page 4, City Council Special Study Session (Retreat), February 27, 1999 Community Outreach Integration of Minority groups 0 Strengthen neighborhoods 1 Government Stable and reliable finances Partnerships Combined government services/buildings Realignment of wards in city Good working relationship with other governments o 4 9 o o Communication GITV /more information Ordinances/resolutions enforcement not lip service User friendly City services Internet access to City Council and Mayor 10 o 2 o I Sales Tax/New Funding Services Y2 cent sales tax for public safety and parks Annexation New funding sources (foundations, grants) 29 o 14 Business Districts BID for East Highway 30 and 4th Street Downtown marketing and parking o 7 Public Safety Re-certification of police officers Aggressive law enforcement/community safety Fire/Police Department growth Police staffing o o 11 18 The top priorities were identified in the following manner: I Public safety Y2 cent sales tax Parks and recreation New funding sources Economic development GITV Air traffic Combine government services 29 29 27 14 13 10 9 9 I Page 5, City Council Special Study Session (Retreat), February 27, 1999 The long term goals were further defined into short term goals for the coming year with some suggestions on process for development of goals. PUBLIC SAFETY . Add a few officers each year . Update equipment · Computerize Police Department with other law enforcement agencies · Undertake comprehensive fire services plan, including services, locations, etc. y; CENT SALES TAX . Consideration of election for Y; cent sales tax in 2000 . Form committee to educate public on issues · Consider public safety, parks and recreation, and economic development for election AIR TRAFFIC · Work with Airport Authority on TW A proposal or other options to provide jet service with competitive prices; consider interlocal agreements with Adams and Buffalo Counties I COMBINE GOVERNMENT SERVICES · Look at, and promote, ways to work with County to combine services and jobs, resulting in lower overall taxes · Study local legislation toward combining City/County government services ensuring no decrease in services . Find home for Health Department GITV . Continue upgrading equipment . Continue aggressive use and development . Consider additional help . Email for Council and Mayor . Update Web site ECONOMIC DEVELOPMENT . Provide tax breaks/incentives to encourage jobs to town . Increase City funding; part of Y; cent sales tax issue I NEW FUNDING SOURCES . Grant writing (joint City/County effort) . Foundations - increase $ I Page 6, City Council Special Study Session (Retreat), February 27, 1999 PARKS AND RECREA nON . Identify areas to purchase land for future use as parks . Use of)lz cent sales tax . Beltline and other hiker/biker trails . Recreational vehicle parking . Maintain what we have (playgrounds, pools) Adjournment. The meeting was adjourned at 4: 18 p.m. Respectfully submitted, ~lvf\~ K 'rt l (I \(yv--, Cindy K. ~o~~son City Clerk I I I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION March 1, 1999 Pursuant to due call and notice thereof, a Study Session 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 February 24, 1999. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Counci1members Larson, Pie1stick, Hosier, Seifert, Whitesides, Lueth, Samuelson, Murray and Sorensen. Counci1member Preisendorf was absent. The following City Officials were present: Interim City Administrator Charlie Cuypers, City Clerk Cindy Johnson, and Finance Director Chuck Haase. Presentation of Fire and Police Long Range Plans. Charlie Cuypers, Interim City Administrator, reported that the Fire and Police Departments had developed long range plans for the benefit of the citizens, officers, and community. Police Chief Kyle Hetrick stated that he had developed a strategic long range plan including goals, objectives, and taking into consideration the standards for number of officers per 1,000 citizens. The Police Chief stated that he was requesting five new officers each year for the next five years in order to bring Grand Island up to a proper staffing level with a general commitment to maintain this level as the community grows. Mr. Hetrick requested additional support staff. Councilmember Seifert questioned the investment costs of training officers. Mr. Hetrick said it was a nine month training process and the cost to the City was their wages for the nine months. Mr. Seifert referenced the actions of Omaha a few years ago whereby officers were given incentives to recruit new officers. Mr. Hetrick stated that the Civil Service process affected this. Councilmember Seifert questioned whether there was a way to contract with the officers to retain the individuals who had completed training inasmuch as there was turnover of officers once trained. Councilmember Seifert also questioned whether a program could be developed whereby the police officers could begin employment as soon as hired, prior to completion of training. Councilmember Sorensen asked that the Police Chief bring back a proposal to require new officers to stay for a specific period of time with a training reimbursement schedule. Councilmember Whitesides clarified that the number of sworn officers (67) included the Police Chief, Deputies, and Sergeants. Councilmember Pielstick questioned where the Police Chief anticipated the new officers would recruit new officers. The Police Chief responded that we would be looking at advertising/recruiting nation wide and needed to ensure that the pay was adequate. Councilmember Pielstick stated that there was a growing consideration toward an open campus option. Police Chief spoke in support of the open campus concept and stated that the Law Enforcement Training Center Director was working with Central Community College on this issue. Councilmember Lueth voiced concern with the City entering into a contract with police officers if performance became an issue and expressed surprise over the fact that there were no continuing education requirements for police officers. I I I Page 2, City Council Study Session, March 1, 1999 Fire Chief Jim Rowell presented the Fire Department's Strategic Plan for the years 1999-2004 and stressed the critical issues, including inadequate staff to meet expanding demands, relocation of Fire Stations #1 and #2, and a replacement schedule for apparatus, vehicles and equipment. Discussion on Request of Michael and Deidre Mack, 223 Voss Road, for Acquisition of Right of Way. Deidre Mack, 223 Voss Road, applicant, explained that the request was being made to allow for an addition to the home and that the Building Department had indicated that acquisition of the right of way would allow for this. Councilmember Whitesides confirmed that if the land were acquired and the City retained 33' as an easement, they could not build on the easement without a license agreement. Craig Lewis, Building Inspections Director, confirmed that the Macks could build up to the easement but not on the easement. Councilmember Lueth questioned if the access behind the homes was controlled by the farmers. Mrs. Mack responded that the farmer did control the access. Councilmember Seifert questioned whether the Macks had ever asked that the road be barricaded off or had, in fact, barricaded the property. Mrs. Mack stated that they had not erected barricades but that they had approached the City about blocking off the road approximately three years ago. Councilmember Seifert voiced concern with giving away right of way. Councilmembers Larson and Pielstick spoke in support of the request. Charlie Cuypers, Interim City Administrator, reported that the action before the Council on March 8 would be an ordinance to vacate the street and that there would be costs associated with the vacation that would be assessed back to the purchaser. Rob Muirhead, 219 North Voss Road, stated that he was not against the request as long as the easement was left open for others. It was noted that this would be forwarded to the March 8, 1999 City Council Meeting for consideration. Discussion on Utilities Department Proposed Tree Replacement Program. Gary Mader, Utilities Director, reported that the Utilities Department had prepared a tree replacement policy to ensure that there was minimum electrical interruptions and that safety clearances were maintained and that the proposed program would provide for the Utilities Department to provide up to $100 toward the cost of a replacement tree and provide removal of a problem tree at no cost to the owner. Councilmember Samuelson questioned whether only one tree would be replaced. Mr. Mader responded that there would be a judgement made by staff. Councilmember Murray questioned whether other cities had a similar policy. Mr. Mader responded that NPPD had a similar policy and that it allowed the property owner to have a decent replacement tree. Councilmember Larson stated that removal of trees could be emotional and spoke in support of working with the homeowners on this issue to provide comfort for the homeowners. Discussion on Y2K Preparedness. Charlie Cuypers, Interim City Administrator, reported briefly on the efforts of the City staff to prepare for Y2K emergencies. Chuck Haase, Finance Director, Craig Lewis, Building Inspections Director, and Gary Mader, Utilities Director, spoke on the steps staff had taken to ensure that the City was prepared to deal with any Y2K issues. Mr. Mader noted that the substations were mechanical systems with no time chips, so should be immune to Y2K problems and noted that the distribution control system had been tested successfully. Steve Fosselman, Library Director, reported on the Library's plans to address Y2K I I I Page 3, City Council Study Session, March 1, 1999 issues, specifically regarding an update to the Dynix system and expressed that the Library had been a source of reference for the public over the course of the years through the Local Links section and would continue to do so with the Y2K issue. Howard Maxon, Emergency Management Director, stated that problems being brought to the attention of the 911 Center had been mitigated and that a back up 911 system was in place. Councilmember Whitesides stated that he had been approached by a constituent on the readiness of the City to prepare for and respond to Y2K concerns and that he had asked for this to be put on the agenda to educate ourselves and the community on the City's preparedness. Discussion on Business Improvement District # 1 and Business Improvement District #2, Downtown. Dianne Kelley, Downtown Development Director, reported that there were going to be several issues coming before the Council in the upcoming months regarding Business Improvement District # 1 and #2 and had prepared a compilation of required actions for the Business Improvement Districts for the Downtown, including considering Business Improvement District #2 budget, holding Board of Equalization public hearing, adoption of assessments, as well as the disestablishment of Business Improvement District # 1, including public hearing on intent to do so, and disposal of remaining BID # 1 funds. Ms. Kelley noted that changes had been made in the way that Business Improvement Districts operated in regards to project planning and completion as well as budgeting. Discussion on Change Order #1 to Contract with Milestone, Inc., Relative to Financial Data Access. Chuck Haase, Finance Director, reported that the original contract with Milestone, Inc., included work flow solutions and that it was proposed that a change order be approved that would provide for development of a data warehouse to provide for financial information access through the Intranet and ultimately be available electronically. It was noted that the Change Order would be before the City Council at the March 8, 1999 meeting. Adjournment. The meeting was adjourned at 9:08 p.m. Respectfully submitted, C!Aflc/~t. ~ r;pItflxl.-n~ . d hn (/ Cm y K. 0 son City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING March 8, 1999 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 on March 8, 1999. Notice of the meeting was given in the Grand Island Independent on March 3, 1999. Council President Larry Seifert called the meeting to order at 7:00 p.m. in Mayor Ken Gnadt's absence. The following members were present: Council President Seifert, Councilmembers Larson, Pielstick, Hosier, Whitesides, Lueth, Samuelson and Sorensen. Murray and Preisendorf were absent. The following City Officials were present: Interim City Administrator Charlie Cuypers, City Clerk Cindy Johnson, and Public Works Director Wayne Bennett. PLEDGE OF ALLEGIANCE was said, followed by INVOCATION given by Councilmember Whitesides. RESERVE TIME TO SPEAK ON AGENDA ITEMS: 18 individuals reserved time to speak on agenda items. ADJOURN TO BOARD OF EOUALIZATION: Motion by Sorensen, second by Pielstick, carried unanimously to adjourn to Board of Equalization. #99- BE-l - Determination of Benefits for Water Main District #421 T. Engleman Road and Stuhr Road. Gary Mader, Utilities Director, reported that in its capacity as the Board of Equalization, it was necessary for the City Council to consider the determination of benefits associated with Water Main District #421T, Engleman Road and Stolley Park Road. Motion by Sorensen, second by Larson, carried unanimously to approve. #99-BE-2 - Determination of Benefits for Sidewalk District #1. Charlie Cuypers, Interim City Administrator, reported that in its capacity as the Board of Equalization, it was necessary for the City Council to consider the determination of benefits associated with Sidewalk District #1. Motion by Sorensen, second by Samuelson, carried unanimously to approve. RETURN TO REGULAR SESSION: Motion by Sorensen, second by Pielstick, carried unanimously to Return to Regular Session. PUBLIC HEARINGS: Public Hearing on Request of Wireless II. LLC. dba Nebraska Wireless Telephone Company. for Conditional Use Permit for Erection of Telecommunications Tower. Craig Lewis, Building Inspections Director, reported that Randy Blair, on behalf of Wireless II, L.L.C. dba I I I Page 2, City Council Regular Meeting, March 8, 1999 Nebraska Wireless Telephone Company, 1512 South Locust Street, had submitted a request with the City Clerk's Office for a Conditional Use Permit to allow for the erection of a telecommunication tower at 3133 West Highway 34 and that the company had worked with representatives of Stuhr Museum and the neighbors to arrive at a location satisfactory to all. Sandi Yoder, 717 Church Road, and Eric Benson, 2217 West Koenig Street, spoke in support of the collaboration achieved. No additional public testimony was heard. Public Hearing on Request of Rick Johnson, 1905 Holland Drive, for Conditional Use Permit for Use of Property as Parking Area. Craig Lewis, Building Inspections Director, reported that Rick Johnson, 1905 Holland Drive, had submitted a request with the City Clerk's Office for a Conditional Use Permit to allow for the use of property adjacent and south of Central Waste Disposal, 1905 Holland Drive, as a parking area. John Brownell, attorney representing the applicant, spoke in support of the application. No additional public testimony was heard. Public Hearing on Creation of Business Improvement District #3, South Locust Street. Don Vance, board member of Business Improvement District #3, stated that at the January 11, 1999, City Council Meeting, in response to a request by business owners along South Locust Street, the Council adopted Resolution #99-30, which set forth their intention to create Business Improvement District #3 and that the District encompassed the area along South Locust Street from Stolley Park Road south to Highway 34. Mr. Vance asked that the Council create the District. No additional public testimony was heard. Public Hearing on Annexation of Property Located Adiacent to the Platte Valley Industrial Park, Phase Two. Charlie Cuypers, Interim City Administrator, reported that as discussed at the City Council Meeting of January 11, 1999, the City resolved to proceed with annexation of certain lands and that as required by State Law, an annexation plan had been developed and approved, and was on file in the City Clerk's office. It was noted that State Statutes required that a public 'hearing on the proposed annexation be held and that the ordinance providing for the annexation be read, on three separate occasions. Eulen Whitten, 3234 West Schimmer Drive, spoke in opposition to the annexation and stated that he would invite legal representation to be present at the next meeting. No additional public testimony was heard. Public Hearing on Request for Renewal of Conditional Use Permit for Sand and Gravel Operation at 2819 South Locust Street. Craig Lewis, Building Inspections Director, reported that Mr. Earl Ahlschwede, representing the Anderson-Roush Property at 2819 South Locust Street, had submitted an application with the City Clerk's Office for the renewal of a Conditional Use Permit for a sand and gravel operation at 2819 South Locust Street. It was noted that this operation was located adjacent to the City and the request also included approximately 26.133 acres of additional land for expansion of the sand and gravel operation. Mr. Lewis added that the extraction of the natural resource on this property had been a continuous operation since the early seventies and it was recommended that if the Council approved the renewal and extension of the Conditional Use Permit, that it be for a period of five years, subject to the following conditions: 1) any excavated material or overburden shall not be placed in the federally delineated floodway located along the Wood River; 2) the owner shall file an Erosion Control Plan; and 3) the owner shall apply for a Flood Plain Development Permit from the Building Department and Regional Planning Commission, with the aforementioned conditions. James Sich, 4227 Arizona Avenue, representing the Posse Committee questioned the location for the expansion. No additional public testimony was heard. I I I Page 3, City Council Regular Meeting, March 8, 1999 Public Hearing on Request of Epworth Village for Conditional Use Permit for Children's Home at 2317 North Kruse. Dave Barber, Regional Planning Director, reported that Tom McBride, on behalf of Epworth Village, Inc., York, Nebraska had submitted a request with the City Clerk's Office for a Conditional Use Permit to allow for a children's home at 2317 North Kruse Street, and that no negative land use impacts had been identified. Mr. Barber explained that at a neighborhood meeting held on March 1, 1999 representatives of the neighborhood, City staff, and Epworth Village, Inc. officials were present to review the application. Glendale Reiss, 910 North Boggs, Charles Maser, 1222 South Harrison, Gaylord Peterson, 2304 North Lafayette Street, Todd Enck, 3207 Dixie Square, Jamie Watch, 169 South Gretchen, Charlotte Becker, 2334 North Lafayette, Richard Ignowski, 2316 North Lafayette, Jerry Watch, 1619 South Gretchen Avenue, Jim Truell, attorney representing Joe Ignowski, Darrel Enck, 2222 West Forest spoke in opposition to the facility. Leslie James, 1524 Coventry Lane, Betty McComb, 116 West 6th Street, Jodi Kister, 314 North Lincoln, John Moss, 104 West 5th Street, Christi Webber, 521 2nd Street, Hampton, and Tim Koehn, 4129 Indianhead Drive, spoke in support of the facility. Mr. Truell recommended that if the Conditional Use Permit were approved, that the permit have restrictive covenants that would protect the neighbors, citizens and rest of community. Public Hearing on Proposed Amendment to City Code, Chapter 36 Relative to Zoning Regulations to Allow Veterinary Clinics and Animal Hospitals in the Agricultural and Transitional Zones on a Conditional Use Permit Basis. Dave Barber, Regional Planning Director, reported that amendments were proposed to Chapter 36 of the City Code to address the zoning regulations relative to allowing veterinary clinics and animal hospitals in agricultural and transitional agricultural zones on a conditional use basis and noted that the Regional Planning Commission, at their meeting of March 3, 1999, unanimously recommended approval of the proposed change. No public testimony was heard. Public Hearing on Request for Change of Land Use Designation for Propertv Located Immediately West of Ramada Road from Transitional Agriculture and General Business with Arterial Commercial Overlay Zones to Residential Development Zone. Dave Barber, Regional Planning Director, reported that Janice Thayer, 2307 Stagecoach Road, had submitted a request to rezone the property located immediately west of Ramada Road from "T A" (Transitional Agriculture) and "B2-AC" (General Business with Arterial Commercial Overlay) Zones to "RD"(Residential Development) Zone and that the purpose of the request was to allow for the development of a total of 70 housing units (15 duplex units; 10 four-plex units) and a clubhouse in a comprehensive master planned retirement community. It was noted that this development featured architectural and landscape controls with perimeter fencing and that the Regional Planning Commission, at their March 3, 1999 meeting, unanimously recommended approval. Jan Thayer spoke in support of the application. No additional 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: #8449 - Creation of Water Main District #430T, Stuhr Road and Bismark Road #8450 - Creation of Water Main District #431 T, Husker Highway and Engleman Road I I I Page 4, City Council Regular Meeting, March 8, 1999 #8451 - Creation of Street Improvement District #1221, South Locust Street from Highway 34 to Stolley Park Road #8452 - Creation of Business Improvement District #3, South Locust Street #8453 - Amendment to City Code, Chapter 22 Relative to Impoundment Fees #8454 - Approving Assessments to Sidewalk District #1, 1998 #8455 - Amendment to City Code Chapter 36 Relative to Zoning Regulations to Allow Veterinary Clinics and Animal Hospitals in the Agricultural and Transitional Agricultural Zone on a Conditional Use Permit Basis #8456 - Change of Land Use Designation for Property Located Immediately West of Ramada Road from Transitional Agriculture and General Business with Arterial Commercial Overlay to Residential Development be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out 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. Councilmember Samuelson seconded the motion. Upon roll call vote, all voted aye. Council President: Is there anyone in the audience interested in any of the ordinances? There was no public testimony. Clerk: Ordinances #8449, #8450,#8451, #8452, #8453, #8454, #8455, and #8456 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. Clerk: Ordinances #8449, #8450, #8451, #8452, #8453, #8454, #8455, and #8456 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. Council President: By reason of the roll call votes on the first reading and then upon final passage, ordinances #8449, #8450, #8451, #8452, #8453, #8454, #8455, and #8456 are declared to be lawfully passed and adopted upon publication as required by law. #8457 - Consideration of Annexation of Property Located Adiacent to Platte Valley Industrial Park, Phase Two. Charlie Cuypers, Interim City Administrator, reported that as discussed at the City Council Meeting of January 11, 1999, the City resolved to proceed with annexation of certain lands and that an annexation plan had been developed and approved, and was on file in the City Clerk's office. It was noted that State Statutes required that a public hearing on the proposed annexation be held and that the ordinance providing for the annexation be read, on three separate occasions. Motion by Sorensen, second by Samuelson to adopt Ordinance #8457 on first reading. City Clerk Cindy Johnson read the title of the Ordinance. Upon roll call vote, Hosier, Larson, Seifert, Whitesides, Lueth, Samuelson and Sorensen voted aye. Pielstick voted nay. Motion adopted. CONSENT AGENDA: Motion by Samuelson, second by Lueth, carried unanimously to approve the Consent Agenda, minus G5d, and G5i. I I I Page 5, City Council Regular Meeting, March 8, 1999 Receipt of Official Documents, Including Library Board Meeting Minutes for February 1. 1999, Downtown Improvement Board #1 and #2 Minutes for January 20, 1999, Downtown Vision 1999 Minutes for January 21. 1999, and Civil Service Commission Minutes for February 2, 1999. Approving Minutes of February 15, 1999 City Council Regular Meeting, February 27, 1999 City Council Special Study Session (Retreat) and March 1, 1999 City Council Study Session. Approving Request of Ms. Bea Hampton, dba Island Ice Cream, for Street Vendor Permit for Use of Public Streets. Approving Appointment of Jerry Duering to Business Improvement District #3 Board. #99-62 - Approving Contract with Capital Heights Swim Club for $3,000 for Maintenance, Repair and Operation of Capital Heights Pool. #99-63 - Awarding Bid in the Amount of $19.465 for Playground Equipment. Softball Complex, to Gametime, Fremont. Nebraska. #99-64 - Awarding Bid for Concrete Work, Softball Complex, to Galvan Construction, Inc., Grand Island, Nebraska, in the Amount of $36,326.65. #99-65 - Approvinl;! Contract with High Intensity Drug Trafficking Area Program. #99-66 - Awarding Proposal for Environmental Monitoring Services, Landfill, to Midwest Labs, Omaha, Nebraska, in the Amount of $67,039 for a Three-Year Contract. #99-67 - Awarding Bid for Bucket Truck, Sign Shop, to Nebraska Truck Center, Grand Island, Nebraska, in the Amount of $49,935, After Trade In. #99-68 - Awarding Bid for Construction of Water Main District #429/Sanitary Sewer District #489, Juergen Road from Platte Valley Boulevard to Wildwood Drive, to Diamond Engineering Company, Grand Island, Nebraska, in the Amount of $577.137.78. #99-71 - Awarding Bid for Police Radio Packages to State Contract in the Amount of $10,803. #99-72 - A warding Bid for Telephone System, Police Department, to State Contract in the Amount of $31. 024. #99-73 - Awarding Bid for Pickup Trucks to Nebraska Truck Center, Grand Island, Nebraska, In the Amount of $49,935. #99-74 - Approving Final Plat and Subdivision Agreement for C & E Subdivision. It was noted that Rodney James and Linda M. Clark and Joseph H. Ewoldt, owners, had submitted the final plat for C & E Subdivision, located immediately north of US Highway 30 and approximately 2,700 feet east of Engleman Road and that the plat proposed to subdivide an existing 0.992 acre tract of land into two platted lots. I I I Page 6, City Council Regular Meeting, March 8, 1999 #99-75 - Approving Final Plat and Subdivision Agreement for Grand Island Farmstead Proiect Second Subdivision. It was noted that Richard J. and Helen K. Strehle, owners, had submitted the final plat for Grand Island Farmstead Project Second Subdivision, located west of Stuhr Road, east of Farmstead Road and south of Husker Highway 34 and that the plat proposed to resubdivide existing Plot 7, containing 9.89 acres into two smaller, equally sized lots for residential use. An existing residence is located on proposed Lot 2. #99-76 - Approving Final Plat and Subdivision Agreement for Lanka Green Acres Subdivision. It was noted that Leighton E. and Velda R. Lanka, owners, had submitted the final plat for Lanka Green Acres Subdivision Subdivision, located immediately north of US Highway 30 west and 1,700 fee east of Engleman Road and that this plat proposed to subdivide an existing unplatted 2.018 acre tract of land into two platted lots. #99-77 - Approving Final Plat and Subdivision Agreement for M. G. Subdivision. It was noted that Marcella M. and Jerry D. Greenwood, owners, had submitted the final plat for M. G. Subdivision, located immediately east of 60th Road and approximately 1980 ft. south of Stolley Park Road and that this plat proposed to create a 4.4 acre residential lot to give separate title to an existing farmstead residence. #99-78 - Approving Final Plat and Subdivision Agreement for Platte Valley Industrial Park Second Subdivision. It was noted that Bosselman Tank & Trailer, Inc., a Nebraska Corporation, and Nebraska Truck Center, Inc., a Nebraska Corporation, owners, had submitted the final plat for Platte Valley Industrial Park Second Subdivision, located south and east of Juergen Road in the Platte Valley Industrial Park adjacent to Highway 281 and that this plat proposed to subdivide a 36 acre unplatted tract of land into three large lots for industrial redevelopment. #99-79 - Approving Final Plat and Subdivision Agreement for The Village Subdivision. It was noted that the Thayer Family, L.L.C., a Nebraska Limited Liability Company, owner, had submitted the final plat for The Village Subdivision, located southwest of Woodland Drive and west of Ramada and that this plat proposed to develop a total of 70 housing units (15 duplexes and 10 four-plexes) in a comprehensive, master planned retirement community concept. #99-80 - Setting Date for Board of Equalization for Sanitary Sewer District #487, Arch Avenue. #99-81 - Approving Certificate of Final Completion and Setting Date for Board of Equalization for Sanitary Sewer District #486, Old Highway 30 and North Road. #99-82 - Approving Certificate of Final Completion for Sanitary Sewer District #486, Old Highway 30 and North Road, Extended as Per Agreement with Norwest. #99-83 - Setting Assessments for Water Main District #421T, Engleman Road and Stolley Park Road. I I I Page 7, City Council Regular Meeting, March 8, 1999 #99-84 - Approving Change Order #1 to Contract with Tri Valley Builders for Pine Street Station Renovation. It was noted that the change order was in the net amount of $9,108 and provided for encapsulation of old lead paint by the installation of aluminum soffit type ceiling panels in the vehicle storage area. #99-85 - Approving Reiection of Bids for 10Mb/See Fiber Optics Service. It was noted that on January 25, 1999, the City Council adopted Resolution #99-33 which approved a contract agreement with F & S Fiber System of Kearney for 10Mb/see Ethernet Fiber Optics Connections from City Hall to field offices but that F & S Fiber Systems had not executed the contract nor returned it to the City. Wayne Bennett explained that, additionally, Bresnan Communications had expressed an interest in providing data communication services in Grand Island and that therefore it was recommended that all previous bids on the lOMb/sec Ethernet Service be rejected and the project be rebid. #99-86 - Approvin~ Change Order with Milestone. Inc.. Relative to Financial Data Warehouse. It was noted that the Change Order provided for the creation of a data warehouse to consolidate the resource location of financial data and to facilitate the budget process and that the net increase of the Change Order was $20,000. #99-87 - Approving Agreement with Emissions Reduction Partnership with Environmental Protection Agency. It was noted that the Environmental Protection Agency had asked the City Utilities Department to enter into a Memorandum of Understanding to participate in an SF6 Emissions Reduction Partnership for Electric Power Systems and that the agreement would address the City's increasing use of SF6 circuit breakers resulting from the construction of Substations D and F. #99-65 - Awarding Proposal for Engineering Services. Pier Lake. to Olsson Associates. Grand Island. Nebraska. in the Amount of $28.260. Councilmember Pielstick questioned the scoring system for the proposals. Steve Paustian, Parks and Recreation Director, explained that he had reviewed the proposals based on specific criteria that included familiarity with the area and that Olsson Associates had emerged as the best proposals. Councilmember Lueth asked if Mr. Paustian expected change orders to the project. Mr. Paustian stated that he did not expect change orders to the engineering services contract but that for actual repair/replacement it was difficult to predict the situation. Motion by Pielstick, second by Lueth, carried unanimously to approve. #99-70 - Awarding: Bid for GIS Systems Development to Olsson Associates. Windstone. Inc.. in the Amount of $34.624. Gary Mader, Utilities Director, reported that the Utilities Department, Water Division had submitted a request for awarding a proposal for Graphic Information System (GIS) Development, Phase I for development of a GIS system for the City water system. Mr. Mader noted that three proposals had been received ranging from $34,624 to $142,853 and that the low proposal meeting all City requirements had been submitted by Windstone, Inc., Omaha, Nebraska/Olsson Associates, Grand Island, Nebraska in the amount of $34,624. Councilmembers Pielstick and Larson questioned the variance in the bids. Mr. Mader responded that Windstone was familiar with the City's GIS system in that a related company, Milestone, had prepared the system and that because Olsson Associates was a local vendor, the proposal was lower. Motion by Samuelson, second by Whitesides, carried unanimously to award the proposal to Olsson Associates and Windstone, Inc. I I I Page 8, City Council Regular Meeting, March 8, 1999 REQUESTS AND REFERRALS: Approved Request of Wireless II, L.L.C.. dba Nebraska Wireless Telephone Company. for Erection of Telecommunications Transmission Tower at 3133 West Highway 34. Motion by Pielstick, second by Larson, carried unanimously to approve. Approving Request of Rick Johnson, 1905 Holland Drive, for Conditional Use Permit for Use of Property for Parking Area. Motion by Lueth, second by Sorensen, carried unanimously to approve. Councilmember Hosier was absent at the time the vote was taken. Consideration of Request for Renewal of Conditional Use Permit for Continuation and Expansion of Sand and Gravel Operation. Motion by Samuelson, second by Sorensen, to table inasmuch as the applicant was not present to answer questions. Upon roll call vote, Pielstick, Larson, Hosier, Seifert, Samuelson, and Sorensen voted aye. Whitesides and Lueth voted nay. Motion to table was adopted. Consideration of Request of Epworth Village, Inc. for Conditional Use Permit for Children's Home. Motion by Pielstick, second by Lueth, to table until further information could be brought forth relative to the Fair Housing Act and potential conditions that could be applied to the permit if Council chose. Upon roll call vote, Hosier, Seifert, Larson, Pielstick, Sorensen, and Lueth voted aye. Samuelson and Whitesides voted nay. Motion to table was adopted. RESOLUTIONS: #99-88 - Approving Presentation of Business Improvement District #2 Budget and Setting Date for Board of Equalization. Dianne Kelley, Downtown Development Director, reported that with the creation of BID #2,' it was necessary for the City Council to meet as the Board of Equalization to consider a resolution establishing the assessment level for the Business Improvement District #2 and that this process enabled the City Council to establish the proposed budget for the district. It was noted that the public hearing for the Downtown Improvement District #2 would be set for April 26, 1999 and that in accordance with State Statutes and City Code, the proposed budget for the Downtown Development Department for FY 1997-1998 was presented. Motion by Sorensen, second by Pielstick, carried unanimously to approve. #99-89 - Consideration of Request of Robert Connelly for Manufactured Home Permit for Liberty Park, Inc.. West Highway 30. Craig Lewis, Building Inspections Director, reported that Robert Connolly, 5020 West Highway 30, had submitted a request with the Building Department for Liberty Park, Inc. for a Manufactured Home Park Permit to provide for five manufactured home sites and that this was the site of the former Oak Ridge Estates Mobile Home Park. Mr. Lewis stated that prior to operation, the City Code required improvements consisting of: 1) manufactured home space of a minimum of 3,000 square feet; 2) two hard- surfaced off-street automobile parking spaces for each home; 3) each space shall abut on a driveway with unobstructed access to a public street and be enumerated; 4) homes shall be parked such that there is a minimum of 15' between homes and at least 10' from an exterior I I I Page 9, City Council Regular Meeting, March 8, 1999 boundary; 5) access roads shall provide for continuous forward movement and have a minimum of 40' in width; 6) all newly constructed roadway, access roads, and parking spaces shall be constructed with a permanent type dust-free surface such as asphaltic cement concrete, portland cement concrete, or paving brick; 7) the 10' exterior boundary shall be landscaped as per Section 36-36.1 of the City Code; and 8) refuse storage and collection shall be provided with sufficient numbers and capacity and collected at least twice weekly with common use or central collection sites visually screened or fenced. It was reported that water, sewer, gas, and electrical services were existing and appeared to be operational and that the Building Department recommended approval upon completion of the improvements by September 30, 1999 and with continued reviews and inspections. Councilmember Whitesides moved to deny the request, stating previous noncompliance by Mr. Connelly. Second by Pielstick. Councilmember Lueth also noted that the City had gone through numerous circumstances with Mr. Connelly relative to Oak Ridge Estates. Interim City Administrator Charlie Cuypers questioned when Mr. Connelly would be in compliance with the Code. Mr. Lewis stated that typically improvements were not completed until after Council approval was given inasmuch as the infrastructure was costly and would not be necessary if Council did not approve the request. Councilmember Samuelson questioned whether the five spaces were occupied at this time. Mr. Lewis stated that at least four were. Mr. Cuypers noted that the Legal Department had been relatively successful at working with Mr. Connelly on deadlines and suggested that the request could be considered contingent upon the conditions being met. Councilmember Larson questioned when the eight items would have to be completed. Mr. Lewis stated the Council could set a specific date for completion and that if the improvements were not completed and the permit was issued, revocation efforts would be undertaken. Councilmember Whitesides spoke emphatically against the issuance of the permit. Councilmember Sorensen moved to table the approval until June 1, 1999. Councilmember Pielstick seconded the motion, and withdrew her second to the motion to deny the request. Upon vote to table for additional consideration after the June 1, 1999 deadline, Larson, Pielstick, Hosier, Seifert, Lueth, Samuelson and Sorensen voted aye. Whitesides voted nay. Motion adopted. #99-90 - Approving Extension to Contract to August 1. 1999 with Ameritas Relative to Employee Dental Insurance Coverage. Motion by Lueth, second by Larson, carried unanimously to approve. PAYMENT OF CLAIMS: Cindy Johnson, City Clerk, and Larry Fox, Assistant Finance Director, reported that the Claim numbers had been amended and that Claim #75494 had been changed to $820.50 for a revised Claim total of $2,439,573.89. Motion by Lueth, second by Samuelson, carried unanimously to approve Claim #72909, #73343, #73912, #73915, #73945, #74052 through #74175, and #75176 through #75698 with the amendment to Claim #75494. Councilmember Samuelson abstained from voting on Claim #75449. Councilmember Whitesides abstained from voting on Claim #75546. ADJOURNMENT. The meeting was adjourned at 9:05 p.m. I I I Page 10, City Council Regular Meeting, March 8, 1999 Respectfully submitted, Ci~~~~ City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL SPECIAL STUDY SESSION March 13, 1999 Pursuant to due call and notice thereof, a Special Study Session of the City Council of the City of Grand Island, Nebraska was conducted at the Grand Island Public School Administration Building at 123 South Webb Road at 8:00 a.m. Notice of the meeting was given in the Grand Island Independent on March 8, 1999. Mayor Gnadt called the meeting together at 8: 10 a.m. The following members were present: Mayor Gnadt, Councilmembers Lueth, Sorensen, Seifert, Samuelson, Murray, Larson, and Whitesides. The following City Officials were present: Interim City Administrator Charlie Cuypers, and City Clerk Cindy Johnson. Presentation of Fire Department Long Range Plan. Fire Chief Jim Rowell presented the Department's Long Range Plan. Discussion was held on the proposal to relocate Fire Stations #1 and #2. Councilmember Sorensen expressed concern about the relocation of Fire Station #2 inasmuch as the Station served a number of schools and elderly individuals. Fire Chief Rowell explained that the proposed relocation would not negatively impact the service or response time for the area and would also better serve other areas. Councilmember Murray requested that information on four minute and five minute response times be provided prior to any discussion on relocation. Councilmember Larson questioned the ideal location for Fire Station #1. Fire Chief Rowell stated that the Department was leaning toward a location on South Locust Street, near the entrance to Fonner Park and that this site would allow the Fire Training Center to be located at Fonner Park. Interim City Administrator Charlie Cuypers noted that a serious look needed to be taken at the replacement schedule for equipment and vehicles. Councilmember Seifert stated that Council had not been aware of the various needs of the Departments. Fire Chief Rowell stated that the needs had been brought to the initial budget sessions but that the Administrators had, in the past, not forwarded those equipment needs to the Council. Fire Chief Rowell reviewed the proposed department structure that included an additional secretary and would rename the Deputy Fire Chief to Operations Chief and the current Division Chiefs would become Operations Chief laterally on the organizational chart. Additionally, it was noted that the existing captains would become Shift Captains and the Lieutenants would become Captains and the Lieutenant classification would be eliminated. Larry Nelson, Paramedic Supervisor, reviewed the responsibilities and needs of the paramedic division, including six new paramedics. Troy Hughes, Training Officer, reviewed the responsibilities and needs of the training division. Interim City Administrator Charlie Cuypers reported that the City had asked our auditing company to complete a cost accounting of the ambulance billing services to get a true report on what the costs of providing this service were. Mr. Hughes spoke on the potential of constructing a fire training facility and addressed several potential options to make it a reality. Councilmember Samuelson left at 9:45 a.m. I I I Page 2, City Council Special Study Session, March 13, 1999 Presentation of Police Department Long Range Plan. Police Chief Kyle Hetrick unveiled the new Police Department logo. The Chief reviewed the Tri-Cities Crime Rate Comparisons and noted that Grand Island's crime rate could not be compared to Kearney and Hastings but was more in line with Lincoln and Omaha however the staffing was more in line with Hastings and Kearney. Chief Hetrick reported that Grand Island had demographics more consistent with Omaha than with Kearney or Hastings. Discussion was held on the present needs of the Department and the importance of working collaboratively with the Sheriff s Department. Tammie Ste1k, County Board Supervisor, spoke on the impact on the County Attorney's Office, juvenile system, and jail as a result of the increased police officers. Interim City Administrator Charlie Cuypers stated his belief that there was community support for collaboration but that additional efforts would be necessary to ensure that the public was educated and aware of the potential for joint services, increased jail capacity and other needs. Sheriff Jerry Watson stated that the Sheriffs Department and Police Department were looking into joint training, records management, and shared use of drug resource educators who would go to schools and discuss drug use and abuse with parents and school personnel. Mr. Watson stated that he had begun posting the warrant list in both the Police Department and Sheriff s Department resulting in a significant increase in arrests. Captain Bill Holloway spoke on the benefits of increased collaboration. Councilmember Sorensen left at 11 :20 a.m. Interim City Administrator Charlie Cuypers questioned the use of cameras in the police vehicles. The Police Chief stated that funding was on hold until grant funding was approved. Discussion was held on the benefits and challenges of joint City/County funded functions. Mayor Gnadt asked that the City and County be aware of the many opportunities to work together. Councilmember Larson stated that there might need to have outside expertise brought in to review the entire operations. Councilmember Lueth stated that the fire department and police department staff were not only experts but also community members. Adjournment. The meeting was adjourned at 11 :50 a.m. Respectfully submitted, ~:~b ~rJ City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL SPECIAL MEETING March 15, 1999 Pursuant to due call and notice thereof, a Special 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 March 11, 1999. Mayor Gnadt called the meeting to order at 6:32 p.m. The following members were present: Mayor Gnadt, Councilmembers Pielstick, Hosier, Lueth, Larson, Whitesides, Samuelson, Sorensen, and Murray. Councilmember Seifert joined the meeting at 6:40 p.m. The following City Officials were present: Interim City Administrator Charlie Cuypers and City Clerk Cindy Johnson. ADJOURN TO EXECUTIVE SESSION: Motion by Murray, second by Whitesides, carried unanimously to adjourn to Executive Session at 6:33 p.m. to discuss a Personnel Issue. RETURN TO REGULAR SESSION: Motion by Whitesides, second by Pielstick, carried unanimously to return to Regular Session. RECESS UNTIL AFTER STUDY SESSION: Motion by Murray, second by Lueth, carried unanimously to recess until the conclusion of the regularly scheduled Study Session this evening. Motion adopted to recess at 6:59 p.m. RETURN FROM RECESS: Motion by Whitesides, second by Lueth, carried unanimously to return from Recess to the Executive Session at 9:15 p.m. RETURN TO REGULAR SESSION: Motion by Lueth, second by Pielstick, carried unanimously to return to Regular Session at 10:32 p.m. ADJOURNMENT: The meeting was adjourned at 10:32 p.m. Respectfully submitted, ~J<~ Cindy K. t~oJ City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL SPECIAL STUDY SESSION (Joint Meeting with Hall County Board of Supervisors) March 15, 1999 Pursuant to due call and notice thereof, a Special Study Session (Joint Meeting with the Hall County Board of Supervisors) of the City Council of the City of Grand Island, Nebraska was conducted in the Community Meeting Room of City Hall, 100 East First Street. Notice of the meeting was given in the Grand Island Independent on March 10, 1999. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Pielstick, Hosier, Seifert, Lueth, Larson, Whitesides, Samuelson, Sorensen, and Murray. The following County Boardmembers were present: Tammie Stelk, Dick Hartman, Lonnie Logan, Pam Lancaster, and Scott Arnold. The following City Officials were present: Interim City Administrator Charlie Cuypers and City Clerk Cindy Johnson. Presentation to the City of the Groundwater Guardian Award. Roger Andrews and Rachel Herpel of the Groundwater Guardians presented the City with the 1998 Groundwater Guardian Award. Presentation by Nancy Hoch, Doug Friedli and Dale Haberty of the River Country Economic Development Corporation. Ms. Hoch, Mr. Friedli and Mr. Haberty provided information to the City Council and County Board on the organizational and operating structure of the River Country Economic Development Corporation. Ms. Hoch reported that funding for the Corporation was provided by Foundations, Nebraska City and the County but that the Corporation regarded fund raising as a major part of their responsibilities and had raised over $10 million dollars. Discussion was held on the use of the revolving loan fund, quasi government commission formed to address safety on Highway 2 and Highway 75, and on the ways the Corporation has assisted existing businesses to grow. Ms. Hoch noted that the best success was to support the existing businesses and that the Corporation had provided $2.63 million investment to retain Cargill in their community thereby maintaining the workforce ($6 million payroll a year, increase property taxes, and doubled the employment). It was noted that a successful partnership with the State Department of Economic Development was important for success. Ms. Hoch reported that Nebraska City had three international companies and that they focused on building on their strengths as a community, including consideration of development of tourism as an industry. It was noted that the Lewis and Clark Interpretive Center was being I I I Page 2, City Council Special Study Session, March 15, 1999 funded by federal funds and local matching funds and that land had been provided to Pendleton in order to keep that company in Nebraska City. Discussion was held on the need of the community to provide adequate housing and a Human Resource Center. Presentation bv Al Wenstrand with the Department of Economic Development. Mr. Wenstrand reported that his philosophy was one of returning to basics and included four components: 1) product development/community development that was comprised of infrastructure, business climate and quality of life; 2) business retention and expansion; 3) attraction/publicity; 4) new business development/entrepreneur opportunities. Mr. Wenstrand explained that a community needed a vision for its development and that there were three critical issues: 1) labor availability/work force development; 2) housing; 3) diversify business mix. It was noted that it was important to train and retrain workers, to diversify businesses to take advantage of the available workforce, to encourage employers to work smarter and allow workers to do value added work, to create jobs we want to have in the future, and to concern ourselves with quality economic development that would have a positive impact on the community. Mr. Wenstrand stressed the public/private partnerships with the State playing a supporting role. Presentation bv Tim White and Andy Baird on Grand Island Area Economic Development Corporation. Tim White and Andy Baird presented a five year plan for the Grand Island Area Economic Development Corporation and noted that the goals of the Corporation included development of the Industrial Park, Technology Park/incubator assistance, build-to-suit/spec buildings, industry recruitment and development, incentives, and proposed budget summary. Mr. White reviewed the City's 1992 Comprehensive Land Use and Transportation Plan and the Heartland Vision Report in relation to the goals of the Economic Development Corporation. Discussion was held on the use of LB775 and LB840 to assist in economic development. Curtis Griess, stated that it appeared that there was a funding opportunity available in the form of an additional sales tax percentage upon voter approval and that the Economic Development Corporation was interested in pursuing that tax with the City. Roger Andrews, 2524 West John Street, spoke on the Council of International Visitors, and its impact on tourism. Discussion was held on the challenges faced relative to acquisition of land for incentives to businesses. Adiournment. The meeting was adjourned at 9:00 p.m. Respectfully submitted, . ) ~dj~ ~ ~lA~fYV Cindy ~;Anson City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING March 22, 1999 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 March 17, 1999. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Larson, Pielstick, Hosier, Seifert, Whitesides, Lueth, Murray, Samuelson, and Sorensen. Preisendorf was absent. The following City Officials were present: Interim City Administrator Charlie Cuypers, City Clerk Cindy Johnson, Assistant Public Works Director Bud Buettner and Assistant City Attorney Dale Shotkoski. MUSICAL PRESENTATION BY AREA YOUTH. Elementary students from lR School provided a musical presentation. PRESENTATIONS AND PROCLAMATIONS: Cindy Johnson, City Clerk, reported that the Mayor had proclaimed April, 1999 as "Child Abuse Prevention Month", April 5 - 11, 1999 as "Public Health Week" and March 29 - April 2 as "Y2K Action Week". Presentation to Grand Island Senior High School Basketball Team. Mayor Gnadt presented a certificate of accomplishment to Coach Oman and the Grand Island Senior High School Basketball Team for their designation as State Boys Basketball Champions. PUBLIC HEARINGS: Public Hearing on Request of B & R Stores, dba Super Saver #19, 1602 West 2nd Street, for Class "D" Liquor License. Cindy Johnson, City Clerk, reported that Patrick Raybould, Chief Executive Officer, representing B & R Stores, dba Super Saver #19, 1602 West 2nd Street, had submitted an application with the City Clerk's Office for a Class "D" Liquor License. Ms. Johnson offered the following exhibits for the record: application submitted to the Nebraska Liquor Control Commission and received by the City on March 3,1999; notice to applicant of date, time, and place of hearing mailed on March 8, 1999; notice to general public of date, time, and place of hearing published on March 9, 1999; departmental reports as required by City Code and Chapter 4 of City Code. No public testimony was heard. Public Hearing on Request of Tom Anderson for Renewal of Conditional Use Permit for Temporary Placement of Mobile Home at 2915 South Locust Street. Craig Lewis, Building Inspections Director, reported that Earl D. Ahlschwede, attorney for Thomas Anderson, had submitted a request for a Conditional Use Permit to allow for the continued placement of a mobile home as a watchman's quarters at 2915 South Locust Street. It was noted that the permit had been first issued by the City Council in 1995. Mr. Anderson spoke on behalf of the request. No additional public testimony was heard. Public Hearing on Proposed Amendment to City Code, Chapter 33 Relative to Timeline for Submission of Preliminary and Final Plats. Dave Barber, Regional Planning Director, I I I Page 2, City of Grand Island Council Regular Meeting, March 22, 1999 reported that amendments were proposed to Chapter 33 of the City Code to address the timeline for submission of preliminary and final plats. It was noted that the Regional Planning Commission had recommended that the deadline for submittal of items for consideration by the Regional Planning Commission be increased from 15 days to 20 days. 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: #8461 - Consideration of Proposed Amendment to City Code, Chapter 33 Relative to Timeline for Submission of Preliminary and Pinal Plats #8459 - Consideration of Enaction of Ordinance Considering Vacation of Alleyways Along the Site of the Old Burlington Depot be considered for adoption 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 day and then upon reading of final passage and call for a roll call vote on each reading and final passage. Second by Samuelson. Upon roll call vote to suspend the rules, the motion was adopted unanimously. Mayor: Is there anyone in the audience interested in any of the ordinances? John Amick, 410 Amick A venue, spoke in support of adoption of Ordinance #8459. Councilmember Lueth spoke in support of restoring historic buildings. Clerk: Ordinances #8459 and #8461 on their first reading. All those in favor of the passage of these ordinances on first passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Clerk: Ordinances #8459 and #8461 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. Mayor: By reason of the roll call votes on the first reading and then upon final passage, ordinances #8459 and #8461 are declared to be lawfully passed and adopted upon publication as required by law. #8458 - Consideration of Vacation of Property at the End of Voss Road. Interim City Administrator Charlie Cuypers reported that as discussed at the City Council Study Session of March 1, 1999, Michael and Deidre Mack, 123 Voss Road, submitted a request with the City Clerk's Office for the vacation property at the end of Voss Road. Mr. Cuypers stated that when the street was vacated the only people who would have access to the property would be the Macks and the City of Grand Island and that the cost to the Macks for the vacation of the property would be $150 to cover the legal notices, vacation of deed and other services. Mike Mack, 123 Voss Road, stated that he objected to the $150 cost. Councilmember Lueth asked if Mr. Mack was interested in the property knowing that the fee was $150. Mr. Mack stated that he did not want to pay $150. Motion by Lueth, second by Whitesides, carried unanimously to remove #8458. I I I Page 3, City of Grand Island Council Regular Meeting, March 22, 1999 #8457 - (Second Reading) Approving Annexation of Property Located Adjacent to Platte Valley Industrial Park, Phase Two. Motion by Murray, second by Lueth to adopt Ordinance #8457 on its second reading. City Clerk Cindy Johnson read the title of the ordinance prior to voting. Ethan Whitten, Omaha, representing Eulen Whitten, spoke in opposition to the annexation voicing concerns with strip annexation and lack of authority to bring about the annexation. Upon roll call vote, Pielstick voted nay. Larson, Hosier, Seifert, Whitesides, Lueth, Samuelson, Murray and Sorensen voted aye. Motion adopted. #8460 - Consideration of Street Improvement District #1223, 15th Street from S1. Paul Road to 1/2 Block East of Poplar Street. Assistant Public Works Director Bud Buettner, reported that the City Clerk's Office had received a petition for the creation of Street Improvement District #1223 to provide paving and storm sewer on 15th Street from St. Paul Road to Ih block east of Poplar Street and stated that this area was presently served by a gravel street. Mr. Buettner reiterated that this action provided for the creation of the district which would be subject to protest by adjacent property owners. Councilmember Lueth questioned if a Community Development grant would be available to help with the assessments and voiced concern with the assessments if help was not available. Councilmember Lueth questioned if the district could be petitioned out. Mr. Cuypers, Interim City Administrator, stated that the creation of the district started the process that included the opportunity to petition out the district. Councilmember Sorensen moved that the rules requiring ordinances to be read by title on three different days be suspended and that ordinance numbered #8460 be considered for adoption 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. Second by Councilmember Samuelson. Upon roll call vote, motion was adopted unanimously. City Clerk: Ordinance #8460 on its first reading. All those in favor of the passage of the ordinance on its first reading, answer roll call vote. Upon roll call vote, Pielstick and Sorensen voted nay. Larson, Whitesides, Lueth, Seifert, Hosier, Samuelson, and Murray voted aye. Motion adopted. City Clerk: Ordinance #8460 on its final reading. All those in favor of the passage of the ordinance on its final passage, answer roll call vote. Upon roll call vote, Pielstick and Sorensen voted nay. Larson, Whitesides, Lueth, Seifert, Hosier, Samuelson, and Murray voted aye. Motion adopted. Mayor: By reason of the roll call votes on the first reading and then upon final passage, Ordinance #8460 is declared to be passed and adopted upon publication as required by law. CONSENT AGENDA: Motion by Samuelson, second by Seifert, carried unanimously to approve the Consent Agenda. Approval of Minutes of March 8, 1999 City Council Regular Meeting, March 13, 1999 City Council Special Study Session (Retreat), March 15, 1999 City Council Special Meeting and March 15, 1999 City Council Study Session. Councilmember Pielstick abstained from voting on G 1 b. I I I Page 4, City of Grand Island Council Regular Meeting, March 22, 1999 Approving Request of B & R Stores, dba Super Saver #19, 1602 West 2nd Street, for Class "D" Liquor License. Councilmember Pielstick voted nay. Approving Request of Fred Groenke for Liquor Manager Designation - B & R Stores, Inc., dba Super Saver #19. Councilmember Pielstick voted nay. Approving Request of Candice Dorice Stalnaker for Liquor Manager Designation for Pump and Pantry #10, 3200 South Locust Street. Councilmember Pielstick voted nay. Approving Request of Roseann Anderson for Liquor Manager Designation for Pump and Pantry #2, 3100 West Old Highway 30. Approving Request for Renewal of Conditional Use Permit for Continuation of Sand and Gravel Operation at 2819 South Locust Street for a period of five years, subject to the following conditions: 1) any excavated material or overburden shall not be placed in the federally delineated floodway located along the Wood River; 2) the owner shall file an Erosion Control Plan; and 3) the owner shall apply for a Flood Plain Development Permit from the Building Department and Regional Planning Commission, with the aforementioned conditions. #99-91 - Approving Contract with Hall County Leadership Unlimited, Inc. In the Amount of $15,000 for Development of Youth Leadership Program. Leslie Neuhaus, on behalf of Leadership Tomorrow, thanked the Council for their commitment to the youth. #99-92 - Awarding Bid to Presidential Life Insurance, Inc., Nyack, New York, in the Amount of $1,325,495.47 for Annuities for Police/Fire Pension Funds. #99-93 - Awarding Bid in the Amount of $61,368.30 for Padmount Transformers to Dutton- Lainson, Hastings, Nebraska. #99-94 - Awarding Bid for Tree Trimming Contract 99-TT-l in the Amount of $68,600 to Sheffield Tree Service, Grand Island, Nebraska. #99-95 - A warding Bid Via State Contract to Anderson Ford, Grand Island, Nebraska for Pickup Trucks, Street and Transportation Division, in the Amount of $59,782. #99-96 - Approving Agreement with Bailey Controls, Wickliffe, Ohio in the Amount of $51,335.50 for Power Plant Control, Y2K Upgrade, Platte Generating Station. #99-97 - Awarding Bid for Asphalt Maintenance #99-AC-l in the Amount of $327,002.20 to Gary Smith Construction, Grand Island, Nebraska. #99-98 - A warding Bid for Design/Build for Lambert Street Project, North of Lincoln School in the Amount of $149,400.32 to Olsson Associates, Grand Island, Nebraska. #99-99 - Approving Certificate of Final Completion and Setting Date for Board of Equalization for Water Main District #428T, Gamma Street. #99-100 - Approving Change Order #1 in the Amount of $3,365 to Contract with Nelson Contracting Relative to Buechler Park Bandstand. I I I Page 5, City of Grand Island Council Regular Meeting, March 22, 1999 #99-101 - Authorizing Agreement for Receipt of Arboretum Grant Funds for Parks and Recreation ($18,800) and Downtown Development ($14,000). REQUESTS AND REFERRALS: Approving Request for Conditional Use Permit for Temporary Placement of Mobile Home at 2915 South Locust Street for a Two Year Period of Time. Motion by Sorensen, second by Whitesides, carried unanimously to approve the request. Councilmember Murray commented that he was pleased to see this request was not for an indefinite period. Approving Request of Epworth Village, Inc., York, Nebraska, for Conditional Use Permit for Children's Home at 2317 North Kruse Street. Dave Barber, Regional Planning Director, provided an overview of the request. Motion by Samuelson, second by Murray to approve the request, contingent upon renovation, final inspection and certificate of occupancy. Charles Maser, 1222 South Harrison Street, representing several families, spoke in opposition to the request until such a time as all issues and concerns were addressed. Mr. Maser asked that the request be tabled. Tom McBride, Executive Director of Epworth Village, spoke in support of the request. Kristi Webber, 521 2nd Street, Hampton, spoke in support of the request. Bruce Nobel, 1918 North Custer, Richard Ignowski, 2316 North Lafayette, Dororthy Enck, 2222 Forrest Street, Todd Enck, 3207 Dixie Square, and Gary Quandt, 924 West 15th Street, spoke in opposition to the request. Jim Truell, attorney representing Mr. Joe Ignowski, requested that the request be tabled until conditions were established that would help protect the neighborhood. Betty McComb, 116 West 6th Street, Carl Zigler, Worms, Nebraska, Tim Koehn, 4129 Indian Head Drive, Don Hanquist, 3987 West Capital Avenue, and John Moss, 104 West 5th Street, spoke in support. Councilmember Pielstick questioned whether it would be detrimental to locate the facility in an area with such staunch neighborhood opposition. Mr. McBride stated that his past experience would lead him to believe the opposition would be reduced over a period of time. Councilmember Murray asked for a profile of a typical resident of the group home. Mr. McBride answered that the youth could come from an abusive home, lack structure in his life, and could be somewhat out of control. Councilmember Murray asked if the boys would be on probation or parole. Mr. McBride stated that some could be on probation but there would not be violent offenders. Councilmember Lueth suggested that it might not be beneficial for the youth to be placed in a neighborhood who opposed the home. Councilmember Samuelson stated that the City had a moral obligation to serve all youth, including those who were having trouble. Councilmember Murray stated that the community had a need for this type of facility and he believed the definition of family was included in the Fair Housing Act. Upon roll call vote, Pielstick and Lueth voted nay. Larson, Seifert, Hosier, Whitesides, Murray, Samuelson and Sorensen voted aye. Motion adopted. RESOLUTIONS: #99-102 - Approving Extension of Contract Relative to Option on Purchase of Former City Hall. Dale Shotkoski, Assistant City Attorney, reported that at the City Council Meeting of September 28, 1998, the City adopted Resolution #98-243 that authorized an agreement with Albers Development Company for the purchase of the former City Hall. Albers Development Company is requesting a six (6) month extension to the March 19, 1999 closing date, as per I I I Page 6, City of Grand Island Council Regular Meeting, March 22, 1999 paragraph 1.3 of the Purchase Agreement. It was noted that the payment of $1,500 as required by the Purchase Agreement had been received. Motion by Seifert, second by Samuelson, carried unanimously to approve. #99-103 - Approving Extension of Contract Relative to Employee Health Insurance. Lisa Thayer, Personnel Director, reported that the City Council approved a health insurance plan for City employees through Blue Cross/Blue Shield on September 1, 1992 and that the annual renewal date for the administrative services agreement for this policy was May 1, 1999. It was noted that the City was currently seeking bids for the health insurance program and was recommending that the current administrative services agreement with Blue Cross/Blue Shield be extended for 90 days to allow for receipt of the bids and the implementation of a new plan. Motion by Larson, second by Lueth, carried unanimously to approve. PAYMENT OF CLAIMS: Motion by Samuelson, second by Lueth, carried unanimously to approve the Claims for the period of March 9, 1999 through March 22, 1999, claim #72113, #72776, and #75699 through #76221 with a modification to Claim #76162 reducing it by $87.42 for a revised claim of $1,586.51 and a total revised claim of $1,752,103.40. Councilmember Pielstick abstained from voting on Claim #075973. Councilmember Lueth asked for clarification on the Claim for Clean Community Systems. EXECUTIVE SESSION: Mayor Gnadt read a statement relative to the Executive Session and stated that the issue was a Personnel Matter and would be handled as such and that no public testimony would be heard. Motion by Lueth, second by Whitesides, carried unanimously to adjourn to Executive Session at 9: 19 p.m. to discuss a Personnel Matter. RETURN TO REGULAR SESSION: Motion by Pielstick, second by Seifert, carried unanimously to return to Regular Session at 2:01 a.m. #99-104 - Consideration of Mayor's Recommendation Relative to Personnel Issue. Mayor Gnadt noted that he was removing Resolution #99-104 from the agenda. Motion by Lueth, second by Whitesides, carried unanimously to take no further action on the Resolution until such a time as a full workplace evaluation as recommended by the St. Francis Employee Assistance Program is provided to the Council. ADJOURNMENT: The meeting was adjourned at 2:05 a.m. Respectfully submitted, /1' I: ) 'f' \ /, , ~ ,/ 1,!.1 , " (;{~f I U ti-- ') l )-t !nlJ'IYV Cindy:r( Johrison City Clerk I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL SPECIAL MEETING April 1 0, 1999 Pursuant to due call and notice thereof, a Special Meeting of the City Council of the City of Grand Island, Nebraska, was conducted in the Community Meeting Room of City Hall, 100 East First Street. Notice of the meeting was given in the Grand Island Independent on AprilS, 1999. Mayor Gnadt called the meeting to order at 2 p.m. The following members were present: Mayor Gnadt, Councilmembers Whitesides, Sorensen, Murray, Samuelson, Seifert, Pielstick and Larson. Councilmembers Lueth, Preisendorf, and Hosier were absent. The following City Official was present: City Clerk Cindy Johnson. I Interviewing of City Administrator Candidates. Lisa Thayer, Personnel Director, reviewed the procedures for interviewing of the City Administrator candidates. Interviews took place with Walter Munchheimer, CharIie Cuypers, Valerie Adams, and MarIan Ferguson. Following the interviews, the elected officials scored the candidates and forwarded the top two candidates to the Mayor for consideration. It was noted that all four candidates would do an excellent job for the City. The meeting was adjourned at 7:00 p.m. Mayor Gnadt visited with each Councilmember and community representative and at 9:45 p.m. announced that he was forwarding the recommendation of MarIan Ferguson as City Administrator to the City Council for consideration. It was noted that the appointment would be considered at a Special City Council meeting on April 19, 1999. Respectfully submitted, 0:K0:tso~ City Clerk I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING April 12, 1999 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 April 7, 1999 Grand Island Independent. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Pielstick, Larson, Seifert, Hosier, Whitesides, Samuelson, Sorensen and Murray. Councilmembers Lueth and Preisendorf were absent. The following City Officials were present: City Clerk Cindy Johnson, and Public Works Director Wayne Bennett. PLEDGE OF ALLEGIANCE was said, followed by INVOCATION given by Pastor John Russell, St. Paul's Lutheran Church. RESERVE TIME TO SPEAK ON AGENDA ITEMS: Four individuals reserved time to speak on agenda items. I PRESENTATIONS AND PROCLAMATIONS: Recognition of Utilities Department as Utility of the Year by NMPP. Mayor Gnadt congratulated Gary Mader and the Utilities Department for its designation as Utility of the Year by NMPP. Mr. Mader and Mayor Gnadt presented a $200 check from NMPP to the Groundwater Guardian Committee in conjunction with the recognition. Proclamations. Cindy Johnson, City Clerk, reported that the Mayor had proclaimed April 11- 17,1999 as National Library Week and April 17, 1999 as Youth Service Day. BOARD OF EOUALIZATION: Motion by Samuelson, second by Whitesides, carried unanimously to adjourn to the Board of Equalization. #99-BE-3 - Determination of Benefits for Sanitary Sewer District #487. Arch Avenue. Wayne Bennett, Public Works Director, reported that in its capacity as the Board of Equalization, it was necessary for the City of Grand Island Council to consider the determination of benefits associated with Sanitary Sewer District #487, Arch Avenue. It was noted that this district had been established in June, 1998 in order to provide construction of a sanitary sewer main in Arch Avenue west of Claude Road and that this action would be followed by an Ordinance establishing the connection fees. Motion by Samuelson, second by Whitesides, carried unanimously to approve. I #99-BE-4 - Determination of Benefits for Sanitary Sewer District #486. Old Highway 30 and North Road. Wayne Bennett, Public Works Director, reported that in its capacity as the Board of Equalization, it was necessary for the City of Grand Island Council to consider the determination of benefits associated with Sanitary Sewer District #486, Old Highway 30 and I I I Page 2, City Council Regular Meeting, April 12, 1999 North Road. It was noted that this district had been established in August, 1998 in order to provide sanitary sewer service to this area of Grand Island and that this action would be followed by a Ordinance establishing the connection fees. Motion by Murray, second by Samuelson, carried unanimously to approve. RETURN TO REGULAR SESSION: Motion by Samuelson, second by Larson, carried unanimously to Return to Regular Session. PUBLIC HEARINGS: Public Hearing on Proposed Blight and Substandard Study #2. Dianne Kelley, Downtown Development Director, reported that the Community Redevelopment Authority had commissioned a blight/substandard study for the southern segment of the City, centered on South Locust Street and that the study, completed by Hanna: Keelan, Lincoln, Nebraska, showed that conditions exist in substantive amounts to meet the statutorial criteria for blight and substandard conditions. It was noted that the study had been approved by the Community Redevelopment Authority at its February 2, 1999 meeting and the Regional Planning Commission, at their February 3, 1999 meeting. Lewis Kent, 624 East Meves, spoke in opposition. Public Hearing on Request for Change of Land Use Designation for the Property Located at the Northeast Corner of the Intersection of Schroeder Avenue and Indianhead Road. Dave Barber, Regional Planning Director, reported that Virgil Eihusen, 4100 West Husker Highway, had submitted a request to rezone the property located at the northeast corner of the intersection of Schroeder Avenue and Indianhead Road from IR_1" (Suburban Residential) Zone to "R-2" (Low Density Residential) Zone. It was noted that the purpose of the request was to allow for development of lots for condominium/townhome construction. No public testimony was heard. Public Hearing on Request of Gas 'N Shop, 1814 North Eddy Street, for Class "D" Liquor License. Cindy Johnson, City Clerk, reported that Larry W. Coffey, representing Gas 'N Shop, 1814 North Eddy, had submitted an application with the City Clerk's Office for a Class "D" Liquor License. Ms. Johnson presented the following exhibits for the record: Application submitted to Nebraska Liquor Control Commission and received by the City on March 24, 1999; notice to applicant of date, time, and place of hearing dated March 24, 1999; notice to general public of date, time, and place of hearing published on March 30, 1999; Chapter 4 of City Code and departmental reports as required by law. Cindy Loessel, 509 NW 16th Street, Lincoln, representing Gas 'N Shop, was present in support of the application. No additional public testimony was heard. ORDINANCES: #8457 - Approving Annexation of Property Located Adjacent to Platte Valley Industrial Park, Phase Two. Motion by Murray, second by Samuelson to approve Ordinance #8457 on its third reading. Upon roll call vote, Larson, Hosier, Seifert, Whitesides, Samuelson, Murray and Sorensen voted aye. Pielstick voted nay. Motion adopted. I I I Page 3, City Council Regular Meeting, April 12, 1999 Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinances numbered: #8420 - Consideration of Creation of Street Improvement District #1218 at Platte Valley Industrial Site #8463 - Consideration of Vacation of a Portion of the East/West Alley West of St. Paul Road and Between 11th Street and 12th Street in Conjunction with Burlington Northern Railroad Grade Separation Project #8465 - Consideration of Change of Land Use Designation for Property Located at the Northeast Corner of the Intersection of Schroeder Avenue and Indianhead Road #8466 - Consideration of Conveyance of Property Relative to South Locust Street Widening Project to Hall County #8467 - Consideration of Conveyance of Property Relative to South Locust Street Widening Project to Hall County #8468 - Consideration of Conveyance of Property Relative to South Locust Street Widening Project to Hall County #8469 - Setting Assessments for Sanitary Sewer District #486, Old Highway 30 and North Road #8470 - Setting Assessments for Sanitary Sewer District #487, Arch Avenue #8472 - Consideration of Conveyance of One Half Interest in Property Commonly Known as the Southern Building to Hall County be considered for adoption 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. Motion was seconded by Samuelson. Upon roll call vote, all voted aye. Motion adopted. Mayor: Is there anyone in the audience interested in any of these ordinances? Clerk: Ordinances #8420, #8463, #8465, #8466, #8467, #8468, #8469, #8470, and #8472 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. Clerk: Ordinances #8420, #8463, #8465, #8466, #8467, #8468, #8469, #8470 and #8472 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. Mayor: By reason of the roll call votes on each reading and then upon final passage, ordinances #8420, #8463, #8465, #8466, #8467, #8468, #8469, #8470, and #8472 are declared to be lawfully passed and adopted upon publication as required by law. I I I Page 4, City Council Regular Meeting, Apri112, 1999 #8471 - Approving Proposed Amendment to City Code, Chapter 25, Relative to Tattooing and Body Piercing. Bruce Dart, Health Department Director, reported that as discussed at the City of Grand Island Council Study Session of April 5, 1999, amendments are proposed to Chapter 25 of the City of Grand Island Code to address the regulation of tattooing and body piercing establishments and that as suggested, the language in Ordinance #8471 had been changed to require additional proof of identity of patrons and parents, prohibit animals in business establishments, and enhancing sterilization methods. Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinance #8471 be considered for passage upon the same day as 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. Second by Whitesides. Upon roll call vote, motion was adopted unanimously. Mayor: Is anyone in the audience interested in the ordinance. Mary Sanders, 213 South Kimball, questioned various components of the ordinance relative to enforcement and incineration. Clerk: Ordinance #8471 on its first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Clerk: Ordinance #8471 on its final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor: By reason of the roll call vote on each reading and then upon final passage, Ordinance #8471 is declared to be lawfully passed and adopted upon publication as required by law. #8462 - Approving Vacation of a Portion of 12th Street Between Warren Lane and Plum Street in Conjunction with Burlington Northern Railroad Grade Separation Project. Wayne Bennett, Public Works Director, reported that the Legal Department had recommended the vacation of a portion of 12th Street between Warren Lane and Plum Street and that the request was being made in conjunction with the 1996 Burlington Northern Grade Separation Project. Councilmember Pielstick questioned whether the area being vacated was large enough for placement of a home. Mr. Bennett stated that it was not. Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinance #8462 be considered for passage upon the same day of reading by number only and that the City Clerk be permitted to call out the number of the ordinance on its first reading and final passage and call for a roll call vote on each reading and final passage. Second by Murray. Upon roll call vote, all voted aye. Motion was adopted unanimously. Mayor: Is there anyone in the audience interested in the ordinance? There was no discussion from the audience. I I I Page 5, City Council Regular Meeting, April 12, 1999 Clerk: Ordinance #8462 on its first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Clerk: Ordinance #8462 on its final passage. All those in favor of the passage of this ordinance 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, Ordinance #8462 is declared to be lawfully passed and adopted upon publication as required by law. CONSENT AGENDA: City Clerk Cindy Johnson reported that itemG-7b had been removed from the Agenda. Councilmember Whitesides requested that item G-8 be removed from the Consent Agenda. Motion by Seifert, second by Samuelson, carried unanimously to approve the Consent Agenda, excluding G-7b and G-8. Receipt of Official Documents/Bonds Including Pawnbroker's License Application for Loren Garrelts, dba Third City Emporium, DarIo R. Beazley, dba G. I. Loan Shop, Lyle L. Stewart, dba Stewart's Loan and Pawnshop, and Wayne E. May, dba Wayne's Pawn Shop. Approval of Minutes of March 22, 1999 City Council Regular Meeting, and April 5, 1999 City Council Study Session. Approving Request of Gas 'N Shop, 1814 North Eddy Street for a Class "D" Liquor License. Approving Request of Mark Bergman for Liquor Manager Designation for Gas 'N Shop, 1814 North Eddy Street. Approving Request of Patricia Widga for Liquor Manager Designation - Pump and Pantry #8, 2028 North Broadwell. Approving Request of James Tahtinen for Liquor Manager Designation - Sam's Club, 1510 Diers Avenue. Approving Request of Sharma Andrade for Liquor Manager Designation - Pump and Pantry #3, Capital Avenue/Highway 281. Approving Request of Roger Minx, dba Pop's Pop, for Renewal of Permit for Use of City Streets for Street Vending Permit. #99-105 - Awarding Bid for Engineering Services for Final Design for Widening South Locust Street between Stolley Park Road and Hwy 34 to Olsson Associates, Grand Island, Nebraska, in the Amount of $394,845 After Negotiation. #99-106 - A warding Bid for Television Inspection for Sanitary Sewer System, 99- TV -1 to Johnson Service Company, Osceola, Nebraska in the Amount of $34,199.99. I I I Page 6, City Council Regular Meeting, April 12, 1999 #99-107 - Awarding Bid for Pension Annuity for Police-Fire Departments to Presidential Life Insurance Company. Nyack. New York. in the Amount of $1.370.495.47. #99-108 - A warding Bid for Mower. Parks Maintenance Division. to Big Bear Equipment. Omaha. Nebraska. in the Amount of $20.896. #99-109 - A warding Bid for Construction of Community Development Dwelling to Galvan Construction. Inc.. Grand Island. Nebraska. in the Amount of $53.761.65. #99-110 - Awarding Bid for Vehicle. Building Department. Via State Contract. in the Amount of $14.451.97. #99-111 - Awarding Bid for Triple Combination Pumper Truck. Fire Department. to E.D.M. Equipment. Lincoln. Nebraska. in the Amount of $179.991.30. #99-112 - Approving Contracts with High Intensity Drug Trafficking Area Program. #99-113 - Approvin~ Continuation and Construction of Street Improvement District #1221. South Locust Street from Highway 34 to Stolley Park Road. #99-114 - Approving Final Plat and Subdivision Agreement for Indianhead Fourth Subdivision. It was noted that Indianhead Golf Club L.L.c., a limited liability company, owners, had submitted the final plat for Indianhead Fourth Subdivision, located at the northeast intersection of Indianhead Road and Schroeder Avenue in order to replat existing Lots 21 and 22 of Indianhead Second subdivision and create a total of five smaller residential lots . #99-116 - Approving Final Plat and Subdivision Agreement for Summerfield Estates Subdivision. It was noted that Little B's Corporation, owners, had submitted the final plat for Summerfield Estates Subdivision, located immediately northeast of the intersection of North Road and 13th Street and that the plat proposed to subdivide 11.37 acres of land into a total of 26 residential lots and one tract for future light business development in accordance with the preliminary plat for Summerfield Estates Subdivision. #99-118 - Approving Certificate of Final Completion for Buechler Park Bandstand Renovation. #99-119 - Approving Mutual Emergency Energy Agreement with Nebraska Public Power District in the Amount of $100/MWH. #99-120 - Approving Change Order #1 Relative to Burdick Generating Station Control System Upgrade in the Amount of $38.117. #99-121 - Approving Agreement with NPPD for Generation Capacity Sales. #99-122 - Approving Certificate of Final Completion for Street Improvement Districts #1204. #1205. #1206. #1207. #1208 (Part of Street Improvement Program #1. 1998). #99-123 - Approving Certificate of Final Completion for Scrap Tire Disposal. I I I Page 7, City Council Regular Meeting, April 12, 1999 #99-124 - Approving Certificate of Final Completion for Storm Sewer District #97-1. #99-125 - Approving: Request of Community Youth Council Relative to Reduction in Water Park Facility Rates in the Amount of $250 for a two-hour Period at Each of the Two Scheduled Events. #99-126 - Approving Lease Agreement with Black and Veatch of Overland Park, Kansas Relative to Replacement Software for Power Plant Continuous Emission Monitoring Systems. #99-127 - Approving Extension to Community Development Block Grant Program 97-PW- 013, Paving Program. #99-117 - Approving Community Connection Neighborhood Association Matching Grant Applications in the Amount of $1.000. Motion by Pielstick, second by Sorensen, to approve. Upon roll call vote, Larson, Hosier, Seifert, Whitesides, Sorensen, Murray and Samuelson voted aye. Pielstick abstained. Motion adopted. #99-115 - Meadowlark West Third Subdivision. This item was pulled from the agenda prior to the meeting. REQUESTS AND REFERRALS: Approving Request of Mr. And Mrs. Extension of Non Conforming Use. unanimously to approve. Harlan Puncochar. 3070 North St. Paul Rod, for Motion by Seifert, second by Pielstick, carried Approving Request for License Agreement for Use of Public Right-of-Way for Location of Water Service. Gary Mader, Utilities Director, reported that Steven and Linda Manolidis, 611 East 1 st Street, had submitted an application with the City Clerk I s Office for a License Agreement to allow for the location of water service and that City of Grand Island policy prohibited the use of public right-of-way by private entities except with the approval of the City Council and the execution of a License Agreement. Mr. Mader stated that normally the developer of a piece of property would be required to extend the public main from the existing to across the full length of the front of the property to provide like access to the next property but that due to the railroad on the east side of this lot, it would be impractical to extend the public water main from its existing location in Plum Street. Councilmember Pielstick questioned the use of the property. Mr. Mader responded that he was not aware of the proposed use. Motion by Seifert, second by Samuelson to approve. Upon roll call vote, Larson, Hosier, Seifert, Whitesides, Murray, Samuelson and Sorensen voted aye. Pielstick voted nay. Motion adopted. Consideration of Endowment Plan. Alan Sydow, 1804 West 2nd Street, and George Solt, 3523 East Seedling Mile Road, presented information relative to the establishment of an endowment fund utilizing a V2 cent sales tax. Mr. Sydow stated that a Special Election was being requested to allow the citizens to vote on the proposed use of the 1fz cent sales tax for the endowment fund. Motion by Pielstick, second by Sorensen to direct staff to proceed with drafting legislation to provide for the special election. Ray Aguilar, 704 West 9th Street, and Donna Fredricks, 2708 West Anna, spoke in support. Lewis Kent, 624 East Meves, spoke in opposition. Councilmember Whitesides moved to table the request but withdrew his motion to I I I Page 8, City Council Regular Meeting, April 12, 1999 table. Councilmember Murray stated that it appeared there were conflicting opinions on the legality of establishing an endowment fund and referenced Dillon's Law, the statutes setting forth what municipalities can do. Roll call vote was taken on motion to proceed. Upon roll call vote, Pielstick, Sorensen and Hosier voted aye. Larson, Seifert, Whitesides, Murray, and Samuelson voted nay. Motion failed. RESOLUTIONS: #99-128 - Consideration of Adoption of Blight and Substandard Study #2. Dianne Kelley, Downtown Development Director, reported that this item related to the aforementioned Public Hearing. It was noted that the Community Redevelopment Authority had commissioned a blight/substandard study for the southern segment of the City, centered on South Locust Street and that the completed study, completed by Hanna: Keelan, Lincoln, Nebraska, showed that conditions existed in substantive amounts to meet the statutorial criteria for blight and substandard conditions. Ms. Kelley explained that the study had been approved by the Community Redevelopment Authority at their February 2, 1999 meeting and the Regional Planning Commission, at their February 3, 1999 meeting. Motion by Larson, second by Samuelson to approve. Councilmember Murray voiced concern with a number of components of the plan, including impact on existing Blight and Substandard Area, determination of boundaries, accounting of resources already utilized by Community Redevelopment Authority. Councilmembers Larson and Samuelson withdrew their motion to approve. Motion by Whitesides, second by Murray, carried unanimously to table to the next Study Session for further discussion, dependent on the availability of Hanna:Keelan to be present. #99-129 - Approving Interlocal Agreement Relative to Purchase of One Half Interest in Property Known as Southern Building. It was noted that an Interlocal Agreement had been provided for the County's purchase of one half interest in the property known as the Southern Building and that the terms of the proposed agreement provide, in part, that the County would purchase an undivided 1/2 interest in the Southern Building property for $250,000, payable upon closing; the County would occupy the administrative area of the property and the employee parking area; the City would occupy the warehouse area and storage yards; the City would be responsible for maintenance of the grounds, including lawn care, tree maintenance, and snow removal. Motion by Seifert, second by Sorensen, carried unanimously to approve. #99-130 - Consideration of Suspension of Enforcement of City Code, Chapter 16 Relative to Fireworks Displays and Discharge in Coniunction with the New Millenium. It was reported that Chapter 16 of the City Code addressed fireworks displays and discharge and that a request had been made to adopt a resolution to allow for the sale and discharge of fireworks in conjunction with the millennium celebration, from December 28, 1999 to January 1, 2000. Motion by Seifert, second by Sorensen to approve. Councilmember Murray voiced concern with adopting the Resolution prior to the Legislature's adoption of LB621. Motion by Samuelson, second by Sorensen, carried unanimously to table the issue until the Legislature adopted LB 621 providing for the same action. PAYMENT OF CLAIMS: Motion by Samuelson, second by Larson, carried unanimously to adopt the Claims for the period of March 23, 1999 through April 12, 1999, claim #75407, #75681, #75836, #75856, I I I Page 9, City Council Regular Meeting, April12, 1999 #76179, and #76222 through #76909, minus Claim #76884 and #876777 for a revised Claim total of $4,595,254.82. Councilmember Whitesides abstained from voting on Claim #76293. Councilmember Pielstick abstained from voting on Claims #76360 and #76891. Councilmember Larson abstained from voting on Claim #76360. Councilmember Samuelson abstained from voting on Claim #76360. ADJOURNMENT: The meeting was adjourned at 8:45 p.m. Respectfully submitted, cQd:;ll:ti!i ~ City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL SPECIAL MEETING April 19, 1999 Pursuant to due call and notice thereof, a Special 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 April 14, 1999. Mayor Gnadt called the meeting to order at 6:30 p.m. The following members were present: Mayor Gnadt, Councilmembers Larson, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Samuelson, Murray and Sorensen. Councilmember Lueth was absent. The following City Official was present: Cindy Johnson, City Clerk. PROCLAMATION: Cindy Johnson, City Clerk, reported that April 22, 1999 had been proclaimed Tree of Life Day. RESOLUTIONS: #99-131 - Approving Subordination Agreement with Dennis and Cindy Gebers Relative to Lien. Dale Shotkoski, Assistant City Attorney, reported that the Gebers had requested refinancing on a Community Development loan and that it was requested that the City consider approval of a subordination agreement providing for this. Motion by Samuelson, second by Whitesides, carried unanimously to approve. Approving Appointment of Marian Ferguson as City Administrator. Mayor Gnadt reviewed the process utilized to select a City Administrator and noted that the search committee had narrowed the field from 55 to four for interviews. Motion by Samuelson, second by Larson to approve. Councilmember Whitesides stated he had concerns relative to some of the fine points of the contract and asked the Legal Department if the contract could be discussed in Executive Session. Dale Shotkoski, Assistant City Attorney, stated that the statutes did not provide for this contract to be discussed in Executive Session, unless the Executive Session would cause hardship to an individual. Councilmember Whitesides stated that he had several concerns, including salary, vacation, and car allowance. Mayor Gnadt stated that the salary provided for in the contract was $780 more than what had been quoted in the Independent and that the vacation time provided for in the contract was realistic considering the nature of the position and the fact that Mr. Ferguson accrued significant vacation benefits at his current position and that four weeks was typical. Lisa Thayer, Personnel Director, explained the nature of the car allowance and noted that it had been standard practice for the past 8 years with the last two City Administrators. Ms. Thayer also noted that Governor Johanns was reviewing elimination of car allowance and that if the State adopted this practice, the City would follow suit. Mayor Gnadt stated that the car allowance practice had been initiated in lieu of providing a City I I I Page 2, City Council Special Council Meeting, April 19, 1999 vehicle for the City Administrator. Councilmember Pielstick suggested that the increase from what Mr. Ferguson was making now to what the City proposed was excessive. Councilmember Murray questioned Section 3A of the Employment Agreement, specifically the severance pay. Mr. Shotkoski stated that the severance amount would be calculated only from the salary not from salary and benefits. Councilmember Murray questioned the previous City Administrator's rate of pay prior to his departure. Ms. Thayer stated that she believed he was at a Step H. Councilmember Seifert questioned what would happen if the next Mayor opted to remove the City Administrator. Mr. Shotkoski stated that this contract expired at the end of the current Mayor's term and that there were no provisions for renewals. Councilmember Pielstick questioned why there was a four month severance pay and only a two months notice if Mr. Ferguson chose to leave voluntarily. Councilmember Whitesides moved to table the appointment issue to discuss the contract at a later time. Second by Councilmember Pielstick. Assistant City Attorney Dale Shotkoski stated that the two agenda items needed to be considered together. Upon roll call vote to table the appointment and contract, Pielstick, Hosier, Seifert, Whitesides, and Sorensen voted aye. Larson, Preisendorf, Samuelson and Murray voted nay. Mayor Gnadt declined to cast the sixth vote. Motion to table failed. Councilmember Preisendorf noted that the Superintendent of Schools' salary was higher than what was proposed for Mr. Ferguson and that Mr. Ferguson was one of his top two choices. Councilmember Preisendorf spoke in support of the appointment and contract and moving forward. Councilmember Pielstick stated that Mr. Ferguson had no experience in union negotiations and that the car allowance should be allowed only if he did not receive mileage. Councilmember Whitesides stated that he was in support of the appointment of Mr. Ferguson but wanted the fine points of the contract worked out. Mayor Gnadt suggested that a survey of First Class cities could be undertaken to determine if the car allowance was in line. Mr. Ferguson agreed to the results of the survey. Councilmember Seifert stated that the Council be apprised of the salary range prior to the offer being made not only with this position but also with the Public Works Director's range. Ms. Thayer stated that her understanding of the process was that the Mayor visited with each candidate and negotiated an agreement in the event that the candidate was selected. Ms. Thayer noted that the salary ranges for all positions were approved and that the Mayor acted as the Chief Negotiating Officer for the City in regards to the City Administrator's contract. Councilmember Samuelson spoke in support of the process and for the Mayor's selection and asked that the Council move forward. Councilmember Sorensen spoke in support of the selection of Mr. Ferguson and noted that he had received many telephone calls in support of Mr. Ferguson. Councilmember Larson stated that the Mayor made the best decision based on candidates and knowledge and expertise of Mr. Ferguson and that some of the concerns raised were minor. Councilmember Murray stated the Council had adopted the salary range and that in order to get Mr. Ferguson on board and working for the City, the contract should be approved. Glendale Reiss, 910 North Boggs, and Lewis Kent, 624 East Meves, spoke in opposition to the contract. Upon roll call vote, Pielstick and Whitesides voted nay. Larson, Pielstick, Hosier, Seifert, Preisendorf, Samuelson, Murray and Sorensen voted aye. Motion adopted. #99-132 - Approving Contract with Marian Ferguson, City Administrator. Motion by Samuelson, second by Larson to approve. Upon roll call vote, Pielstick and Whitesides voted I I I Page 3, City Council Special Council Meeting, April 19, 1999 nay. Larson, Hosier, Seifert, Preisendorf, Samuelson, Murray and Sorensen voted aye. Motion adopted. Adjournment. The meeting was adjourned at 7:20 p.m. Respectfully submitted, ~~~ City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION April 19,1999 Pursuant to due call and notice thereof a Study Session 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 ofthe meeting was given in the Grand Island Independent on April 14, 1999. Mayor Gnadt called the meeting to order at 7:21 p.m. The following members were present: Mayor Gnadt, Councilmembers Larson, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Murray and Sorensen. Councilmembers Lueth and Samuelson were absent. The following City Official was present: City Clerk Cindy Johnson. Discussion on Site Planning for Large Retail Establishments. Dave Barber, Regional Planning Director, reported that the purpose of the discussion this evening was threefold: 1) to clarify any misperceptions as a result of newspaper article; 2) hear the level of interest of the Regional Planning Commission relative to establishing these guidelines; 3) receive feedback from Council on whether to pursue these type of guidelines. Mr. Barber stated that no one at the Regional Planning Meeting had said that any retail establishment in Grand Island was a wasteland and that the quote in the newspaper had been extracted from a Zoning Newsletter. Mr. Barber noted that the 1992 Comprehensive Land Use and Transportation Plan included an interest in improving the visual quality and perception of Grand Island along its major vehicular routes. Mr. Barber noted that the issue was one of balancing the developer's need for being able to develop property in an economical manner with the community's need for quality of life and attractive development. Mayor Gnadt reiterated that the 1992 Comprehensive Land Use and Transportation Plan had been compiled with the involvement and feedback of a number of community members. Councilmember Seifert asked that his email to Mr. Barber be read and subsequently apologized to Mr. Barber for his email without talking to Mr. Barber first. Councilmember Seifert stated that the issue had been portrayed incorrectly in the media and that this was reason to broadcast the Regional Planning Commission meetings. Councilmember Whitesides suggested that Regional Planning work with the businesses to express our expectations but asked that we ensure that the regulations did not deter any business from coming into Grand Island. Councilmember Murray stated that Ft. Collins was considered to be a leader in this field and spoke in support of the idea of moving forward with the development of the Task Force to study this issue further. Councilmember Pielstick stated that she had received several telephone calls in regards to the issue and that the callers expressed support for increased job opportunities over the beautification efforts. Councilmember Preisendorf stated that when stores were determining whether to locate in a community they had several options and that whatever the Council required as a minimum that was probably what they would do but he did not believe the Council's regulations would deter a business from coming to the community. Councilmember Larson stated that the community had an opportunity to establish guidelines and that the input from the community would be advantageous. Jane Meidlinger, 1122 West I I I Page 2, City Council Study Session, April 19, 1999 Division Street, spoke in support of the proposed study and thanked Mr. Barber for bringing the issue forward and noted that businesses might not voluntarily improve the appearance of their facilities but would abide by the community's regulations. Glendale Reiss, 910 North Boggs, spoke in opposition to the regulations. Mayor Gnadt spoke in support of the regulations and making decisions for the future good of the community and indicated that the consensus of the Council was to move forward. Discussion on Purchase of Computers for Elected Officials. Cindy Johnson, City Clerk, reported that staff had been researching the purchase of computers for elected officials and that two options had been prepared for Council's consideration. Councilmember Seifert questioned the cost, hardware and software suggested. Ms. Johnson and Larry Fox, Assistant Finance Director, spoke to the specifications as recommended by the Data Processing Department. Councilmember Whitesides stated that he personally would be willing to do the minimum upgrades to his computer in order to keep the cost down. Councilmember Murray stated that the computers appeared to be of good quality and questioned whether there was a need for the high end computers. Ms. Johnson noted that the computers owned by Councilmembers personally could be sufficient for email but would not be sufficient for downloading packet information and budget information. Councilmember Seifert noted that he had been receiving documents from the City over the last two weeks and that there was translation problems that prevented him from opening the documents. Mr. Fox stated that many times the new user was reluctant to utilize all the abilities of the computer but that once they became used to the computer they increased their usage. Councilmember Preisendorf questioned whether a second phone line would be necessary for the laptop. Mr. Fox noted that Data Processing had a limited amount of human resources available for repair or maintenance and stated that a procedural manual would be drafted on how to acquire assistance for use or maintenance of the computer. Mr. Fox noted that Data Processing would also arrange a session on how to use email and the computer. Councilmember Larson spoke in support of utilizing the laptops and questioned the discussions with Bresnan Communications about having a multi-purpose cable modem access lines. Dale Shotkoski, Assistant City Attorney, reported that discussions were taking place with Bresnan Communications regarding this topic and that the City's Wide Area Networking Committee was bringing forth a recommendation relative to a contract with a local computer company to service the City's entities outside of City Hall and that this could include the Councilmembers. Councilmember Whitesides spoke in support of allowing Councilmembers to determine if they wanted the laptop or personal computers. Councilmember Pielstick asked that the issue be placed on next week's agenda for consideration. Review of Proposed Blight and Substandard Studv #2. Dianne Kelley, Downtown Development Director, introduced Lonnie Dixon of Hanna:Keelan who reviewed the Proposed Blight and Substandard Study for the South Locust District. Mr. Dixon highlighted the blight factors, including dilapidated/deterioration, age or obsolescence, inadequate provisions for ventilation, light, air, sanitation or open spaces, and existence of conditions which endanger life or property by fire and other causes. Kevin Siebert, Community Redevelopment Authority, noted that the study could not address properties parcel by parcel but rather to look at the area as a whole and make a determination based on the area as a whole. Tom O'Neill, 514 West 10th Street, spoke in opposition to the issue and the tax benefits for the company and reduced taxes for the county and I I I Page 3, City Council Study Session, April 19, 1999 schools. Jerry Poels, 4328 Highway 30, voiced concerns with tax increment financing and tax breaks for companies at a time when the economy is good. Mr. Poels stated that he hoped companies that had pride would clean up their areas willingly. Mr. Siebert noted that the Blight and Substandard Study was simply setting in place the mechanism in the event that a project was presented and that the law required that a cost/benefit analysis be conducted prior to authorizing tax increment financing for any project and that all projects would be returned to Council and include a public hearing. Councilmember Larson stated that he had an issue with the terminology blight and substandard but that this designation was simply another tool to provide development opportunities for this area. Bud Rasmussen, 557 Stagecoach Road, noted that the Business Improvement District #3 was looking at beautification along the corridor also. Councilmember Larson requested that this item be placed on next week's agenda for consideration. Adjournment. The meeting was adjourned at 9: 1 0 p.m. R&:;fUllY submitted, CindYK~!~ City ClerK I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING April 26, 1999 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 April 21, 1999. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Larson, Pielstick, Hosier, Seifert, Whitesides, Lueth, Preisendorf, Murray and Sorensen. Councilmember Samuelson joined the meeting at 8:20 p.m. The following City Officials were present: City Clerk Cindy Johnson, Assistant Finance Director Larry Fox, Assistant City Attorney Dale Shotkoski, and Assistant Public Works Director Bud Buettner. PLEDGE OF ALLEGIANCE was said, followed by INVOCATION given by Councilmember Jackie Pielstick. RESERVE TIME TO SPEAK ON AGENDA ITEMS: Seven individuals reserved time to speak on agenda items. PRESENTATIONS AND PROCLAMATIONS: Cindy Johnson, City Clerk, reported that April, 1999 had been proclaimed as Parliamentary Law Month. Presentation by Grand Island Little Theater. Representatives from the Grand Island Little Theater provided information to the City Council on their capital campaign and current production. BOARD OF EQUALIZATION: Motion by Murray, second by Sorensen, carried unanimously to adjourn to the Board of Equalization. #99-BE-6 - Determination of Benefits for Water Main District #428T. Gamma Street. Gary Mader, Utilities Director, reported that in its capacity as the Board of Equalization, it was necessary for the City of Grand Island Council to consider the determination of benefits associated with Water Main District #428T, Gamma Street. Motion by Murray, second by Sorensen, carried unanimously to approve. RETURN TO REGULAR SESSION: Motion by Lueth, second by Pielstick, carried unanimously to return to Regular Session. PUBLIC HEARINGS: Public Hearing on Request of Bruce Lavalleur for Change of Land Use Designation for Property Located at the Northwest Corner of the Intersection of Capital A venue and Carleton Avenue. Dave Barber, Regional Planning Director, reported that Bruce Lavalleur, 2808 Old Fair Road, Suite C, had submitted a request to rezone the property located at the northwest I I I Page 2, City Council Regular Meeting, April 26, 1999 corner of the intersection of Capital Avenue and Carleton Avenue from "R-O" (Residential Official) Zone to "B-1" (Light Business) Zone to provide for the development of a fast food outlet. It was noted that the Regional Planning Commission, at their April 7, 1999 meeting, recommended denial. Bruce Lavalleur, applicant, spoke in support of the request. Public Hearing on Request of James Buettenback. dba Fine Liquors. 1939 North Broadwell Street. for a Class "D" Liquor License. Cindy Johnson, City Clerk, reported that James A. Buettenback, dba Fine Liquors, 1939 North Broadwell, had submitted an application with the City Clerk's Office for a Class "D" Liquor License to replace the Class "D" Liquor License currently held at this location. Ms. Johnson presented the following exhibits for the record: Application submitted to the Liquor Control Commission and received by the City on April 15, 1999; notice to applicant of date, time, and place of hearing mailed on April 15, 1999; notice to general public of date, time, and place of hearing published on April 16, 1999; Chapter 4 of City Code and Departmental reports as required by Code. Mrs. James Buettenback spoke in support of the application. No additional 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: #8473 - Vacation of Meadowlark West Second Subdivision #8474 - Amendment to City Code, Chapter 17 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. Councilmember Murray seconded the motion. Upon roll call vote, motion was adopted unanimously. Mayor: Is there anyone in the audience interested in any of these ordinances? There was no public discussion. Clerk: Ordinances #8473 and #8474 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. Clerk: Ordinances #8473 and #8474 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. Mayor: By reason of the roll call votes on each reading and then upon final passage, Ordinances #8473 and #8474 are declared to be lawfully passed and adopted upon publication as required by law. Ordinance #8464 - Consideration of Change of Land Use Designation. Dave Barber, Regional Planning Director, reported that Bruce Lavalleur, 2808 Old Fair Road, Suite C, had submitted a request to rezone the property located at the northwest corner of the intersection of Capital Avenue and Carleton Avenue from "R-O" (Residential Official) Zone to "B-1" (Light Business) Zone. I I I Page 3, City Council Regular Meeting, April 26, 1999 Councilmember Sorensen moved to suspend the statutory rules requiring ordinances to be read by title on three different days and that ordinance numbered #8464 be considered for passage upon the same day as reading 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 final passage. Second by Seifert. Upon roll call vote, motion was adopted unanimously. Mayor: Is there anyone in the audience interested in this ordinance? William Henry spoke in opposition to the rezoning. Councilmember Lueth stated that there had been a similar request for another area that had been withdrawn and the Council should consider there could be additional requests based upon this action. Clerk: Ordinance #8464 on its first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Larson, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Sorensen, and Murray voted aye. Lueth voted nay. Motion adopted. Clerk: Ordinance #8464 on its final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, Larson, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Sorensen and Murray voted aye. Lueth voted nay. Motion adopted. Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinance #8464 is declared to be lawfully passed and adopted upon publication as required by law. CONSENT AGENDA: Councilmember Whitesides requested that item G-12 be removed from the Consent Agenda. Councilmember Pielstick noted a correction to the Minutes of April 19, 1999. Motion by Pielstick, second by Preisendorf, carried unanimously to approve the Consent Agenda. Receipt of Official Documents. Including Civil Service Commission Minutes of February 26. 1999 and claim of Richard Osborn. Approving Amended Minutes of April 10. 1999 City Council Special Meeting. Minutes of April 12. 1999 City Council Regular Meeting. Minutes of the April 19. 1999 City Council Special Meeting. and Minutes of the April 19. 1999 City Council Study Session. Councilmember Lueth abstained from voting on the Minutes. Councilmember Preisendorf abstained from voting on the Minutes of the April 10, 1999 City Council Special Meeting and the April 12, 1999 City Council Regular Meeting. Approving Request of Sherri Lee Young for Liquor Manager Designation - Kum & Go. 2322 South Locust Street. Approving Request of James A. Buettenback. dba Fine Liquors. 1939 North Broadwell. for Class "D" Liquor License. Councilmember Pielstick voted nay. Approving Request of Vincent Jones for Liquor Manager Designation - Kum & Go. 1124 North Broadwell Street. I I I Page 4, City Council Regular Meeting, April 26, 1999 #99-133 - Approving Appointment of Steve Riehle as Public Works Director. #99-134 - Awarding Bid for Computers for Elected Officials through State Contract #26512639. #99-135 - Approving Proposal for Computer Consultant for Wide Area Network Development to Computer Concepts, Grand Island, Nebraska. #99-136 - Approving Purchase of Computers through State Contract #SCA-0134. #99-137 - Awarding Bid for Utility Tractor to Green Line Equipment. Inc.. Grand Island, Nebraska, in the Amount of $21.399. Not Including Warranty. #99-138 - Awarding Bid for Telescoping and Articulating Bucket Truck to Teague Equipment Company, Denver. Colorado. in the Amount of $80,110. #99-115 - Approving Final Plat and Subdivision Agreement for Meadowlark West Third Subdivision. It was noted that Robert M. Allen Family Limited Partnership, owners, had submitted the final plat for Meadowlark West Third Subdivision, located south of 13th Street and north of Faidley Avenue, between Highway 281 and Webb Road. #99-139 - Approving Waiver of Requirements for Sidewalks in Westgate 6th Subdivision. #99-140 - Approving Rescheduling of Public Hearing for Business Improvement District #2 Assessments to June 14, 1999. #99-141 - Approving Agreement with Grand Island Softball Association for Use of City Softball Fields. #99-142 - Approving Certificate of Final Completion for Transfer Station Roof Replacement Proiect. #99-143 - Approving Interlocal Agreement for Traffic Signal at Highway 281 and Faidley Avenue. #99-144 - Approving Renewal of Farm Leases for Utility Purposes. #99-145 - Approving Assessments for Water Main District #428T, Gamma Street. #99-128 - Consideration of Blight and Substandard Study #2. Dianne Kelley, Downtown Development Director, reported that as discussed at the City Council Study Session of April 19, 1999, the Community Redevelopment Authority had commissioned a blight/substandard study for the southern segment of the City, centered on South Locust Street and that the study, completed by Hanna: Keelan, Lincoln, Nebraska, showed that conditions exist in substantive amounts to meet the statutorial criteria for blight and substandard conditions. Ms. Kelley noted that the study had been approved by the Community Redevelopment Authority at their February 2, 1999 meeting and the Regional Planning Commission, at their February 3, 1999 meeting. Tim O'Neill, 1203 South Sylvan, Joe O'Neill, 1713 North Huston, and Tom O'Neill, 514 West 10th Street, requested that the Council table action on the Study and I I I Page 5, City Council Regular Meeting, April 26, 1999 complete further review of the properties that were included. Councilmember Pielstick spoke in support of additional study of the blight and substandard area. Councilmember Larson questioned the impact of having the consultants take another look at the area and questioned whether an additional district could be formed. Ms. Kelley responded that the consultants could review the plans and that there would be some costs associated with amending the study as well as with undertaking an additional study. Motion by Seifert, second by Lueth to table. Upon roll call vote, Larson, Pielstick, Hosier, Preisendorf, Whitesides, Seifert, Lueth, and Sorensen voted aye. Murray voted nay. Motion to table was adopted. REQUESTS AND REFERRALS: Approving Request for Placement of Guardrails on Ashton Street at Plum Street. Bud Buettner, Assistant Public Works Director, reported that this item was on the agenda at the request of Councilmember Whitesides. Councilmember Whitesides stated that Mr. and Mrs. Russell Largent, 525 East Ashton A venue, had submitted a request for placement of guardrails on Ashton Street at Plum Street as a result of three traffic incidences at that address that resulted in property damage. Motion by Whitesides, second by Seifert to approve. Councilmember Pielstick questioned whether the applicant was requesting the guardrails to be erected in the easement and what the cost would be. Mr. Buettner stated that if the guardrails were placed on an easement there would need to be a license agreement so he understood that they would be placed on private property. Mr. Buettner added that he did not have an idea on the costs. Councilmember Samuelson arrived at the meeting at this time. Upon roll call vote to approve, Larson, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Lueth, Samuelson and Sorensen voted aye. Murray voted nay. Motion adopted. RESOLUTIONS: #99-130 - Approving Suspension of Enforcement of City Code. Chapter 16. Relative to Fireworks Displays and Discharge in Coniunction with New Millennium. Motion by Seifert, second by Whitesides, carried unanimously to approve the suspension of enforcement relative to fireworks for the time period of December 28, 1999 to January 1, 2000. #99-146 - Consideration of Continuation and Construction of Street Improvement District #1223. 15th Street from St. Paul Road to 1h Block East of Poplar Street. Bud Buettner, Assistant Public Works Director, reported that Street Improvement District #1223 located on 15th Street from St. Paul Road to Ih block east of Poplar Street had been created on March 22, 1999 and provided for the improvement of a street within the district by paving, curbing, guttering, storm drainage, and other incidental work in connection therewith. Mr. Buettner added that State law provided for a 20-day protest period, during which time owners of the property within the district may protest the district creation and that receipt of valid protests from owners representing over 50 % of the front footage in the district prohibited continuation of the district. Mr. Buettner stated that the protest period ended April 19, 1999 and that valid protests filed by four abutting property owners had been received and that these owners represented 575 front feet abutting footage, or 40.4% of the total district frontage of 1,424 feet. It was noted that there was also one protest received from an abutting owner who had waived the right of protest in the subdivision agreement and that this owner represented 230 front feet. Mr. Buettner stated that if this owner was induded, the protest frontage would be 805 feet or 56.5 % of the total district frontage. Councilmember Pielstick noted that this Street Improvement District would be a hardship to the families. Motion by Sorensen, second by Pielstick to deny creation of the District. Pat Nyde spoke in opposition to the District. Kurtis I I I Page 6, City Council Regular Meeting, April 26, 1999 Simons, 809 East 7t\ spoke on his parents' behalf, in opposition to the District. Upon roll call vote to deny creation of the District, Lueth, Murray, Sorensen, Whitesides, Hosier, Pielstick, Larson, Preisendorf, and Seifert voted aye. Samuelson voted nay. Motion to deny the creation of the District was approved. #99-147 - Supporting Reauthorization of Land and Water Act. Steve Paustian, Parks and Recreation Director, reported that in 1965, the Land and Water Conservation Fund had been created by Congress to address the preservation of habitats, assure that all Americans had access to quality outdoor recreation and to strengthen the health and vitality of Americans and that the Fund supported the creation of parks, forests, and public outdoor recreation activities. Mr. Paustian added that the revenue source for the Fund was largely royalties from off-shore oil and gas operations and that Congress was considering the passage of The Conservation and Reinvestment Act of 1999 to provide permanent funding for the Land and Water Conservation Fund Program for state and local level projects. Motion by Seifert, second by Larson, carried unanimously to approve. PAYMENT OF CLAIMS: Motion by Lueth, second by Sorensen, carried unanimously to approve the claims for the period of April 13, 1999 through April 26, 1999, claim #76292, #76760, and #76910 through #77405, with adjustments to Claims #77338, #77341, #76926 for a revised total of $2,683,738.35. ADJOURN TO EXECUTIVE SESSION: Motion by Samuelson, second by Lueth, carried unanimously to adjourn to Executive Session to discuss a Personnel Matter involving the continued employment of the Finance Director. Executive Session began at 8:35 p.m. RETURN FROM REGULAR SESSION: Motion by Preisendorf, second by Whitesides, carried unanimously to return to Regular Session at 10:25 p.m. #99-148 - Consideration of Continued Employment of City Treasurer/Finance Director. Mayor Gnadt removed this item from the agenda. ADJOURNMENT: The meeting was adjourned at 10:25 p.m. I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING May 10, 1999 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 May 10,1999. Notice of the meeting was given in the Grand Island Independent on May 5, 1999. Council President Larry Seifert called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Seifert, Whitesides, Lueth, Samuelson, Sorensen, Murray, Preisendorf, Pielstick, Hosier, and Larson. Mayor Gnadt was absent. The following City Officials were present: Interim City Administrator Charlie Cuypers, Deputy City Clerk Cathy Foster, Public Works Director Wayne Bennett, Assistant Finance Director Larry Fox and Assistant City Attorney Dale Shotkoski. PLEDGE OF ALLEGIANCE was said followed by INVOCATION given by Councilmember Samuelson. RESERVE TIME TO SPEAK ON AGENDA ITEMS: Two individuals reserved time to speak on agenda items. PROCLAMATIONS AND PRESENTATIONS: Deputy City Clerk Cathy Foster reported that May 1999 had been proclaimed Electrical Safety Month and May, 1999 had been proclaimed as Teen Pregnancy Prevention Month. EXECUTIVE SESSION: Motion by Whitesides, second by Murray, carried unanimously to adjourn to Executive Session at 7:10 p.m. to discuss Litigation. RETURN TO REGULAR SESSION: Motion by Priesendorf, second by Lueth, carried unanimously to Return to Regular Session at 7:47 p.m. BOARD OF EOUALIZATION: Motion by Priesendorf second by Samuelson carried unanimously to adjourn to the Board of Equalization. #99-BE-7 - Determining Benefits for Street Improvement District #1204, Part of Street Improvement Program #1. 1998, Located on Poplar Street from 11th Street to 12h Street. Wayne Bennett, Public Works Director, reported that in its capacity as the Board of Equalization, it was necessary for the City of Grand Island Council to consider the determination of benefits associated with Street Improvement District #1204, part of Street Improvement Program #1, 1998. Motion by Murray second by Whitesides carried unanimously to approve. Councilmember Pielstick commented that Community Development Director Jeri Garroutte had indicated that block grant funds would be available for assistance after the last project was completed. I I I #99-BE-8 - Determining Benefits for Street Improvement District #1205. Part of Street Improvement Program #1. 1998. Located on 12th Street from St. Paul Road to Poplar Street. Wayne Bennett, PublicWorks Director, reported that in its capacity as the Board of Equalization, it was necessary for the City of Grand Island Council to consider the determination of benefits associated with Street Improvement District #1205, part of Street Improvement Program #1, 1998. Motion by Murray, second by Whitesides, carried unanimously to approve. #99-BE-9 -Determining Benefits for Street Improvement District #1206. Part of Street Improvement Program #1. 1998. Located on 13th Street from St. Paul Road to Cherry Street. Wayne Bennett, Public Works Director, reported that in its capacity as the Board of Equalization, it was necessary for the City of Grand Island Council to consider the determination of benefits associated with Street Improvement District #1206, part of Street Improvement Program #1, 1998. Motion by Murray, second by Whitesides, carried unanimously to approve. #99-BE-1O -Determining Benefits for Street Improvement District #1207. Part of Street Improvement Program #1. 1998. Located on Cherry Street from 11th Street to 14h Street. Wayne Bennett, Public Works Director, reported that in its capacity as the Board of Equalization, it was necessary for the City of Grand Island Council to consider the determination of benefits associated with Street Improvement District #1207, part of Street Improvement Program #1, 1998. Motion by Murray, second by Whitesides, carried unanimously to approve. #99-BE-ll -Determining Benefits for Street Improvement District #1207. Part of Street Improvement Program #1. 1998. Located on Plum Street from 1st Street to 2'd Street. Wayne Bennett, Public Works Director, reported that in its capacity as the Board of Equalization, it was necessary for the City of Grand Island Council to consider the determination of benefits associated with Street Improvement District #1208, part of Street Improvement Program #1, 1998. Motion by Murray, second by Whitesides, carried unanimously to approve. RETURN TO REGULAR SESSION: Motion by Pielstick second by Lueth, carried unanimously to Return to Regular Session. PUBLIC HEARINGS: Public Hearing on Request for Change of Land Use Designation for Property Located on the Northwest Corner of Faidley Avenue and Highway 281 from Transitional Agriculture to General Business Zone. Dave Barber, Regional Planning Director, reported that Larry Bird, President, Concord Hospitality, Inc., Lincoln, had submitted a request to rezone the property, approximately 45 acres, located on the northwest corner of Faidley Avenue and Highway 281 from "T-A" (Transitional Agriculture) Zone to "B-2" (General Business) Zone and that the purpose of this request was to extend the existing retail development to create a mix use plan of general services such as retail, restaurants, a convenience store, hotel, day care, senior living center, office, and a potential multi-family development. Earl Ahlschwede, representing Equitable Building and Loan Association spoke in support of the request. I I I Public Hearing to Receive Public Input on the Development of the 1999-2000 Annual Budget. Larry Fox, Assistant Finance Director, reported that pursuant to City Council direction relative to public input on the budget, a preliminary hearing has been scheduled to gather citizen and community group direction for the 1999-2000 Municipal Budget. Roger Linley, 923 East Phoenix, thanked the council for its support of the test wells for the dewatering project. He encouraged the council to include money for ten more wells in the 99-00 budget. Councilmember Seifert suggested that the dewatering project be brought to a study session. Samuelson reported that he had visited a meeting of the Northwest Neighborhood Association and had heard very positive comments on the test wells in that area as well. He suggested the residents visit with the NRD about develop a survey to determine the best places to locate wells. 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: #8475 - Consideration of Change of Land Use Designation for Property Located on the Northeast Corner of Highway 281 and Faidley Avenue. #8476 - Consideration of Creation of Street Improvement District #1204 #8477 - Consideration of Creation of Street Improvement District #1205 #8478 - Consideration of Creation of Street Improvement District #1206 #8479 - Consideration of Creation of Street Improvement District #1207 #8480 - Consideration of Creation of Street Improvement District #1208 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 final passage. Councilmember Priesendorf seconded the motion. Upon roll call vote, all voted aye. Motion adopted. Mayor: Is anyone in the audience interested in any of these ordinances? There was no public comment. City Clerk: Ordinances #8475, #8476, #8477, #8478, #8479 and #8480 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. City Clerk: Ordinances #8475, #8476, #8477, #8478, #8479 and #8480 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. Mayor: By reason of the roll call votes on each reading and then upon final passage, Ordinances #8475, #8476, #8477, #8478 #8479 and #8480 are declared to be lawfully passed and adopted upon publication as required by law. CONSENT AGENDA: Motion by Pielstick, second by Lueth, carried unanimously to approve the Consent Agenda in its entirety. Councilmember Lueth abstained on the minutes of the May 3 City Council Study Session. Receipt of Official Documents including Lawsuit Filed by Patricia Gericke, Dianne Kelley, Barbara Paulick, Laura Irvine, and Teresa Svoboda. I I I Approving Minutes of April 26, 1999 City Council Regular Meeting and May 3, 1999 City Council Study Session. Approving Preliminary Plat for Crane Valley Subdivision. It was noted that Breslin Grand Island Associates, owner, and Concord Hospitality, Inc. , applicant and developer, had submitted a preliminary plat for Crane Valley Subdivision, located west of Highway 281 and east of the stormwater outfall ditch between Faidley A venue and the south boundary of the Park Island Square Mall that proposed a total of 17 lots to be developed for office and commercial retail uses, including a seniors living center and a potential multi-family development. #99-148 - Approving Final Plat and Subdivision Agreement for Jeffrey Oaks Eighth Subdivision. It was noted that Jeffrey Oaks, Inc., a Nebraska corporation, owner, had submitted the final plat for Jeffrey Oaks Eighth Subdivision, located west of existing Norseman Avenue, including extensions of Nashville Street, Macron Street, and Norseman Avenue and that the final plat represented the final phase of the Jeffrey Oaks Preliminary Plat, and contained a total of 37 residential lots and one City owned parking lot. #99-149 - Approving Final Plat and Subdivision Agreement for Palmer's Second Subdivision. It was reported that Donald D. and Jill M. Randolph, owners, had submitted the final plat for Palmer's Second Subdivision, located at the northeast corner of the intersection of pt Street and Madison Street. #99-150 - Awarding Bid for Water Main District #431T. Husker Highway and Engleman Road to Hoffman Contracting. Columbus, Nebraska in the amount of $211,204. #99-151 - Awarding Bid for Pole Mounted Capacitor Racks Cooper Power Systems, Milwaukee. Wisconsin in the negotiated amount of $284,360.16. plus tax. #99-152 - Awarding Bid for Downtown Alley Improvement Proiect - Paving/Storm Sewer Phase 1 Electrical Proiect 99-UG-l to Diamond Engineering Company, Grand Island, Nebraska in the amount of $364,257.07. #99-153 - Approving Pipeline Crossing Agreement with Burlington Northern Santa Fe a one- time payment of $3,750. #99-154 - Approving Pipeline Crossing Agreement with Union Pacific Railroad for a One Time Payment of $3.503. #99-155 - Approving Power Purchase and Sales Agreement Between the City of Grand Island and Minnesota Municipal Power Agency. PAYMENT OF CLAIMS: The Claims for the period of April 26, 1999 through May 10, 1999, claim #77406 through #77840. Motion by Samuelson second by Whitesides to approve the payment of claims carried unanimously. Whitesides abstained on claim 77637. I I I Councilmember Seifert recognized retiring public Works Director Wayne Bennett and thanked him for his years of service to the City. ADJOURNMENT The meeting was adjourned at 8:05 p.m. I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION May 17, 1999 Pursuant to due call and notice thereof, the City Council of the City of Grand Island, Nebraska, conducted a Study Session in the Council Chambers of City Hall, 100 East First Street. Notice of the meeting was given in the Grand Island Independent on May 12, 1999. Council President Larry Seifert called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Lueth, Samuelson, Murray and Sorensen. Mayor Gnadt and Councilmember Larson were absent. The following City Officials were present: City Clerk Cindy Johnson, City Attorney Charlie Cuypers, Assistant Finance Director Larry Fox, and Public Works Director Steve Riehle. Councilmember Sorensen commented on the newspaper article relative to the Finance Director and his suspension and Workplace Contract. Mr. Sorensen stated that the Council was not aware of the entire contents in the Workplace Contract and suggested that the matter be investigated. Discussion on Options Relative to Determining Future of Grand Isle Heritage Zoo. Councilmember Whitesides stated that he had placed this item on the agenda to attempt to determine Council's views on the request for additional funding for the Zoo. Joe Wicks, Zoological Society Boardmember, reported that the Zoo had developed a long range plan to address both the short term and long term future of the Zoo. Councilmember Pielstick stated that she had received a number of telephone calls from individuals who were against significant increased funding for the Zoo and noted that the issue was difficult in that there were competing interests for City funding, including public safety. Councilmember Preisendorf indicated that he had heard criticism of the plans to have a world class zoo and voiced support for an educational zoo for youth ages 2-12. Dr. Michael Nance spoke on the Zoological Society's proposal requesting additional funding in the amount of $275,000, including $40,000 for a Feasibility Study, $200,000 for Operating Expenses, and $35,000 for Capital Improvements. Dr. Nance stated that operation of a Zoo was expensive and that the current facility was simply inadequate. Councilmember Lueth commented that the Zoo had become a disaster because previous directors had taken the Zoo out of the realm of the children's zoo and into another arena and that the calls she had received were more supportive of the children's zoo concept. Councilmember Lueth stated that she had always supported the Zoo having a capital campaign to raise funding for capital projects. Councilmember Whitesides stated that the City and the Council deserved to know what direction the community wanted for the Zoo and asked Steve Paustian, Parks and Recreation Director for input and expertise on a Feasibility Study. Parks and Recreation Director Steve Paustian stated that the Council would need to give direction to the consultant on where the community wanted to go. Interim City Administrator Charlie Cuypers stated that the City's existing contract with the Zoological Society ends on September 30, 1999 and if the City was interested in modifying or terminating that contract, notification to the Zoological Society I I I Page 2, City Council Study Session, May 17, 1999 was needed by June 30, 1999. Mr. Cuypers added that there was the possibility of a three month extension period, ending December 31, 1999 but that no matter what, something had to be done with the Zoological Society's buildings and funding needed to be included in next year's budget. Mr. Cuypers stated that a Feasibility Study would not be completed for six months and that the City would be responsible for operating the Zoo upon termination of the existing contract and in the interim. Council President Seifert asked if a schematic, including timelines, could be developed whereby Council could indicate their choice of direction. Councilmember Murray spoke in support of stepping back and looking at an overall plan. Dr. Nance stated that the next step in scaling back was to start with the professional staff due to the salary expenses involved. Councilmember Pielstick questioned whether the Zoo had looked into exhibit sponsorship. Councilmember Whitesides suggested that a study committee be formed to look into possible options. Councilmember Murray suggested that a written instrument be provided to Councilor set up a committee to review the issue and make recommendations. Mervin Peck, 2119 West First, Treasurer for the Zoological Society, spoke on the budget submitted by the Zoological Society and asked the City to consider it. Kristine Haney, 1403 Grand Island Avenue, spoke in support of the Zoo as a staff member and a parent, and stated that she was embarrassed by the community's reluctance to take advantage of opportunities to raise standards and culture. Leo Tylkowski, 1916 North Sheridan, stated that over $1 million would be spent to keep the Zoo going with over % of the funding going to salaries and that the computer provided more education than the Zoo did. Brian Whitecalf, 309 East 1 st Street, spoke in opposition to a children's zoo and in support of natural wildlife and special species at the zoo. Kianna Leonard, 3228 Rockville Circle, Educational Director at the Zoo, stated that the children who visit the Zoo were most interested in seeing the larger animals. Jim Sander, 218 North Harrison, stated that a utilization study was required, not a Feasibility Study, to determine what the people want to see. Keith Fischer, 1709 Allegheny Circle, stated that he and most individuals he visited with were in opposition to additional funding for the Zoo and funding for the Feasibility Study. Mr. Fischer stated that there were petitions being circulated in opposition to the Zoo. Lewis Kent, 624 East Meves, stated that the condition of the Zoo was poor and that the Zoo should be returned to a Petting Zoo. Councilmember Samuelson questioned what price was put on education or quality of life and referenced the funding that was allocated for the Pier Pool until it was possible to build the Water Park. Larry Tylkowski, 1124 South Greenwich, spoke in opposition to continued funding for the Zoo and referenced the cost of the personnel. Ted George, 2915 West Stolley Park Road, spoke as a volunteer of the Zoo and asked the Council to seriously consider this issue. Broad Overview of Upcoming 1999-2000 Annual Budget. Larry Fox, Assistant Finance Director, provided an overview of the budget preparation schedule. Councilmember Lueth asked that the budget be considered on three different readings on three nights. Mr. Fox noted that a revised budget preparation schedule would be prepared. Councilmember Seifert questioned the assessments for the Business Improvement District #1 and #2. Interim City Administrator Charlie Cuypers indicated that the Business Improvement District Boards governed the Districts. Councilmember Seifert questioned if employee insurance costs would become co-pay. Councilmember Pielstick questioned the possibility of the Community Redevelopment Authority hiring outside financial assistance. Mrs. Pielstick indicated that several individuals had contacted her relative to moving the Downtown Department out of City Hall. Councilmember Lueth stated that the Downtown Improvement Board held regular meetings that were open to the I I I Page 3, City Council Study Session, May 17, 1999 public. Charlie Cuypers, Interim City Administrator, reported that budget meetings would be held next week with Department Directors and that the drafting of the budget was beginning. Mr. Cuypers added that the staff had taken a very hard look at the budget process as transpired over the past few years and that growth, along with revenues anticipated, should allow for funding of some of the priorities identified by the City Council at the Retreat, without raising property taxes or implementing a 12 cent sales tax. Mr. Cuypers also noted that the City had a healthy reserve balance that could be available for capital improvements and projects to ensure that properties and machinery were maintained. It was noted that a Third Quarter Budget Amendment was being developed. Discussion on Opportunity to Host Wittenberg University Internship Program. Cindy Johnson, Public Information and Records Management Director, reported that the City had been approached by Professor Rob Baker of Wittenberg University, Springfield, Ohio, to partner once again in a summer internship program whereby 15 students would work for 9 weeks for the City of Grand Island. Ms. Johnson noted that the proposed program would involve special projects that City staff and officials would like to address but were unable to due to the lack of time and resources. Councilmember Murray spoke in support of the program and noted that the 1994 program had produced excellent results for the City. Councilmember Pielstick voiced concerns about reported long distance telephone bills that were attributed to the internship program. Ms. Johnson responded that bills incurred at the City would be included with the individual department's expenses, and that telephone bills incurred by the students outside of the City Hall would be their responsibility. Councilmember Sorensen questioned where the students would be housed and what the costs would be. Ms. Johnson indicated that if Council supported the internship program, estimated housing costs would be researched. Councilmember Preisendorf spoke in support of the internship program. It was noted that Council commitment to the program was desired by the University in order to begin making plans for both staff and students for next summer. Ms. Johnson noted that a Resolution would be prepared for Council consideration at the next Regular Meeting. Discussion on Westridge School Area Access Planning and West Grand Island Street Master Planning. This item was pulled from the agenda due to ongoing conversations between the Northwest Neighborhood Association and the City. Discussion on Potential for Regulations Relative to Open Space/Green Space. Dave Barber, Regional Planning Director, and Steve Paustian, Parks and Recreation Director, reported that some Councilmembers had raised concerns about the lack of park and green space being provided in the newer areas of residential development. Mr. Barber noted that different options existed to address the issue of green space in new residential development areas including park impact fees, assessed either at the time of building construction or as part of the subdivision agreement, park sites obtained through negotiation and acquisition, rather than through the establishment of mandatory land dedication requirements in City Code, and different approaches being used to address the provision of hike/bike trails. Councilmember Pielstick stated that parks were important to neighborhoods and neighborhood associations to foster family time and voiced support for developing additional parks. Councilmember Murray stated that the concept for the proposal was good but it would be important to develop a plan that would be utilized as the community grew. Mr. Murray spoke in support of negotiating space and keeping fees I I I Page 4, City Council Study Session, May 17, 1999 modest, and voiced support for staff to move forward with looking into developing a plan. Frank Meister, 4057 Palace Drive, spoke in support of the regulations and noted that the closest park was four miles from the neighborhood. Mr. Paustian noted that he had requested funding in next year's budget for acquisition of property. Mr. Barber asked if Council would support a park impact fee. Councilmember Lueth requested some idea of costs prior to Council consideration. It was noted that the issue would be returned to the City Council at a Study Session in June. Adjournment. The meeting was adjourned at 9:50 p.m. Respectfully submitted, {Julfi~!f- k (fh!1 Jf\--- Cindy K. [bhn:oJ ( City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING May 24, 1999 Pursuant to due call and notice thereof, the City Council of the City of Grand Island, Nebraska conducted a Regular Meeting in the Council Chambers of City Hall, 100 East First Street. Notice of the meeting was given in the Grand Island Independent on May 19, 1999. Council President Seifert called the meeting to order at 7:00 p.m. The following members were present: Council President Seifert, Councilmembers Larson, Pielstick, Hosier, Preisendorf, Whitesides, Murray, Samuelson, and Sorensen. Councilmember Lueth and Mayor Gnadt were absent. The following City Officials were present: Interim City Administrator Charlie Cuypers, City Clerk Cindy Johnson, and Public Works Director Steve Riehle. PLEDGE OF ALLEGIANCE was said, followed by INVOCATION given by Councilmember Whitesides. PRESENTATIONS: Presentation by Ron Bishop, Central Platte Natural Resources District, on the Wood River Diversion Project and the Joint City/NRD Dewatering Proiect. Ron Bishop with the Central Platte Natural Resources District presented information on the status of the Wood River Diversion Project and stated that the core project, which included everything but the bridges, could be approved by the Corps of Engineers in the next four to six weeks and that if this happened, the bridge contracts could be let over the winter for construction. Mr. Bishop recommended that the City, County and NRD enter into an agreement approving the adjusted project. Councilmember Sorensen questioned the number of bridges in the project. Mr. Bishop stated that there were three county road bridges and the South Locust bridge as well as the railroad bridge. Councilmember Larson asked for confirmation that the Corp was not planning to reimburse the City for the bridge construction. Mr. Bishop concurred and stated that the Corp, in 1996, was not receptive to doing this type of project but that they were more open to the idea after discussions with Senators Hagel and Kerrey. Mr. Bishop explained that the City's share of the project was $1,099,900 and that the bridges would need to be built right away. Mr. Bishop noted that $2.5 million would need to be borrowed. Motion by Murray, second by Larson, carried unanimously to approve the revised project as outlined by Mr. Bishop. Mr. Bishop updated the City Council on the dewatering project and stated that three monitor wells had been put in the northwest area and one well had been put in and that as a result the groundwater had been reduced by 6" - 2 Ih' and that over 275 gallons had been pumped per minute. Mr. Bishop asked that the City Council consider including funding in next year's budget for three more wells, funding for a disposal program for placement of the water inasmuch as Moore's Creek may not be able to handle it, and to include some funding to install a tile drain. Councilmember Seifert questioned the costs per well and utility costs per well. Mr. Bishop responded that the cost of the wells was approximately $8,000 depending on Page 2, City Council Regular Meeting, May 24, 1999 I location. Councilmember Whitesides thanked Mr. Bishop for bringing the issue to the City Council. Councilmember Preisendorf suggested that additional areas of Grand Island be considered. PUBLIC HEARINGS: Public Hearing on (5) Utility Easements. Gary Mader, Utilities Director, reported that acquisition of utility easements and rights-of-way located along Roush Lane near Kingswood Drive were required in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. It was noted that these easements would be used to provide streetlights. No public testimony was heard. ORDINANCES: I #8458 - Consideration of Vacation of a Portion of Voss Road. It was noted that at the City Council Regular Meeting of March 22, 1999, Council voted to remove from the agenda the request of Michael and Deidre Mack, 123 Voss Road, for the vacation of property at the end of Voss Road, inasmuch as Mr. Mack objected to charges associated with vacation of the property. It was reported that Councilmember Lueth had requested that the item be returned to Council and that Ms. Lueth recommended a fee of $75 for the vacation of the portion of the road. Motion by Pielstick, second by Sorensen, to approve on first reading. Upon roll call vote, Sorensen, Pielstick, Hosier, and Larson voted aye. Seifert, Whitesides, Preisendorf, Murray and Samuelson voted nay. Motion failed. CONSENT AGENDA: Motion by Whitesides, second by Larson, carried unanimously to approve the Consent Agenda, with the exception of G-3. Receipt of Official Documents/Pawn Brokers License. Approving Minutes of May 10, 1999 City Council Regular Meeting and May 17, 1999 City Council Study Session. Approving Request of Trinity Lutheran Church for Variance to Driveway Location. #99-156 - Approving Certificate of Final Completion to Contract with Chief Construction for Fonner Park Softball Proiect. Multi-Purpose Building. #99-157 - Approving Certificate of Final Completion to Contract with Galvan Construction for Fonner Park Softball Complex, Installation of Concrete Walkways #99-158 - Designating MarIan Ferguson as Authorizing Contact with Kirkpatrick Pettis Relative to Firefighters Pension Fund. #99-159 - Designating MarIan Ferguson as the City's Authorized Contact with Kirkpatrick Pettis, Police Pension Fund. I #99-160 - Annrovin~ Wittenber~ University Internship Program. I I I Page 3, City Council Regular Meeting, May 24, 1999 #99-161 - Approvinl? Acquisition of Utility Easements Along Roush Drive Near Kingswood Drive. #99-162 - Approving Interlocal Agreement with Hall County Relative to Receipt and Administration of Juvenile Accountability Block Grant Funds. It was noted that the City's share of the grant funds were $25,857 and that a 10% match was required and that the Interlocal Agreement provided for the City to forward its grant funds to the County for grant receipt and administration. #99-163 - Approving Change Order #1 in the Amount of $8.271.63 Relative to Contract with Galvan Construction for Construction of Concrete Walkways at Fonner Park Softball Complex. Approving Appointments of Lisa Willman. George Overfield. Amye Lilienthal. Leo Tylkowski. Dan Fogland. Dave Murray. Fred Whitesides. Jackie Pielstick. Steve Paustian. Mike Nance. and Larry Fox to the Zoo Committee. Motion by Samuelson, second by Larson, carried unanimously to approve the appointments to the Zoo Committee. George Overfield, 2023 LaMar, representing the Zoological Society, spoke on the appointments. REQUESTS AND REFERRALS: Consideration of Establishment of Uniform Curfew for Parks. Captain Bill Holloway with the Grand Island Police Department, stated that the City's Problem Resolution Team had proposed that the City Council consider the establishment of uniform curfews for the City's parks and that currently, some parks had established curfews while others did not. Captain Holloway stated that the Problem Resolution Team had received complaints regarding vandalism and other illicit activities that could be reduced with implementation of a uniform parks curfew. It was recommended that 11 p.m. be established as the curfew time for all City parks. Councilmember Preisendorf suggested that the curfew also be applied to the City's hike and bike trails. Councilmember Murray confirmed that fishing at LE Ray Lake was still allowed. Captain Holloway stated that the Council did allow fishing after midnight at LE Ray and that this change would not affect the fishing. Motion by Samuelson, second by Larson, carried unanimously to approve. PAYMENT OF CLAIMS: Motion by Samuelson, second by Preisendorf, carried unanimously to approve the Claims for the period of May 11, 1999 through May 24, 1999, claims #77533, #77534, and #77841 through #78350. ADJOURNMENT: The meeting was adjourned at 8:06 p.m. Respectfully submitted, Ci~~.~O~ ~~ City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL SPECIAL STUDY SESSION JOINT CITY COUNCIL/COUNTY BOARD MEETING June 7 1999 Pursuant to due call and notice thereof, a Special Study Session 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 7, 1999. Notice of the meeting was given in the Grand Island Independent on June 1, 1999. Mayor Gnadt called the meeting to order at 6:30 p.m. The following members were present: Mayor Gnadt, Councilmembers Larson, Pielstick, Hosier, Preisendorf, Whitesides, Lueth, Samuelson, Murray and Sorensen. Councilmember Seifert was absent. The following City Officials were present: City Administrator MarIan Ferguson, City Clerk Cindy Johnson, and City Attorney Charlie Cuypers. County Boardmembers Stelk, Lancaster, Arnold, and Logan were present. Presentation and Discussion on Proposed 1999-2000 Budget for Health Department. Bruce Dart, Health Department Director, presented the proposed 1999-2000 Budget and noted that the City and County were being asked to contribute the same amount to this budget as was appropriated in fiscal years 1997-1998. Mr. Dart noted that the budget was reflective of departmental growth and increased services that staff provide to the community. It was noted that the operating budget had an increase of $52,000 that included $45,000 in the grant contingency fund in case grant opportunities arose and were awarded to the department. Mr. Dart added that the budget provided for increased costs due to health insurance, colas, and step increases and that the budget now included cash reserves to cover retirement costs, potential move, and remodeling of the new facility. Councilmember Lueth commended Mr. Dart on the Annual Report and questioned the number of vehicles the Health Department had. Mr. Dart stated that the Department had six vehicles and that the budget provided for the replacement of two vehicles every year for the next three years. County Boardmember Stelk asked Mr. Dart to explain the laboratory functions. Mr. Dart stated that the lab services were some of the most important functions of the Health Department. Councilmember Pielstick questioned the increased postage costs. Mr. Dart responded that the Kids Connection Program required numerous mailings and this drove the costs up but that the Health Department had received a grant for this program. Adjournment. The meeting was adjourned at 6:50 p.m. Respectfully submitted, n,,". ~~ ~iK~~ City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION June 7, 1999 Pursuant to due call and notice thereof, a Study Session 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 7, 1999. Notice ofthe meeting was given in the Grand Island Independent on June 9, 1999. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Larson, Pielstick, Hosier, Preisendorf, Whitesides, Lueth, Samuelson, Murray and Sorensen. Councilmember Seifert was absent. The following City Officials were present: City Administrator Marlan Ferguson, City Clerk Cindy Johnson, and City Attorney Charlie Cuypers. Discussion on Pier Lake Wall Renovation. Steve Paustian, Parks and Recreation Director, reported that the Parks and Recreation Department had applied for and received a grant from The Nebraska Environmental Trust to replace the failing walls at Pier Lake. Mr. Paustian noted that the grant from the Trust was in the amount of $200,000 and that the City had budgeted an additional $100,000. Mr. Paustian noted that Olsson Associates had been hired to develop plans and specifications for the renovation project. Mike Yost, Olsson Associates, suggested that there were a number of options available to the City but that the preferred method was vinyl sheets inasmuch as they were more durable, less expensive, and would last longer. Mr. Yost stated that the vinyl could be bid in one of two thicknesses. J.J. Yost of Olsson Associates discussed the plans to build a new shore wall. Councilmember Lueth questioned the need for the boat ramp. Mr. Paustian stated the ramp was to provide access for lake maintenance. Councilmember Sorensen questioned the impact of the modifications on the waterfowl. Mr. Paustian stated that the ducks would not be affected. Councilmember Whitesides questioned the timeline. Mr. Paustian stated that the goal was to begin the project in September and completed before winter. Councilmember Larson stated that there were a number of homes along the north side of the lake who would be affected and asked for their input. Rick Milton, 109 East Ashton Avenue, questioned the area between the top of the concrete and the sidewalk. Dick Nietfeld, 229 East Ashton A venue, discussed the height of the concrete walls and the liability and asked if the access to the north shore would be limited to the homeowners along this side. Lewis Kent, 624 East Meves, questioned whether the lake would be dredged. Mr. Paustian stated that the funding was not available to do so and the Game and Parks Commission had indicated it was not necessary. Ron Honz, 303 East Ashton Avenue, suggested that the small area in back of the houses could be made into a duck sanctuary and blocked off instead of on the northeast side then the public would not be negatively impacted. Mr. Paustian asked the Council for direction on whether the entire lake would be accessible to the public or whether the Council wanted the north shore to be accessible only to the property owners on the north side. Councilmember Lueth questioned the cost savings if the waterfowl habitat area was not relocated to the east side. Mr. Paustian stated that it would be approximately $8,000. Councilmember Pielstick stated that I I I Page 2, City Council Study Session, June 7, 1999 without public access to the entire lake we would not have the ability to maintain the lake and suggested that the property owners would need to be responsible for the improvement costs. Mary Wilds, 225 East Ashton Avenue, asked that something be done about the narrow side that was flooding her garage. Mr. Nietfeld suggested that there were a number of options available, including property owner purchase of land or City maintenance of the property. It was noted that the Pier Lane Renovation Plan would be returned to Council for consideration. Discussion on Fire Department Equipment and Personnel. Charlie Cuypers, City Attorney, reported that there was available funding in this year's appropriations that could be utilized for the Police Department and Fire Department. Mr. Cuypers indicated that the Council would be considering a budget amendment on June 28, 1999 that would allow for the purchase of four pieces of fire fighting equipment. Mr. Cuypers stated that the additions for the Fire Department included: equipment for a new engine company ($35,000), upgrade of ambulance from refurbishing to new ($65,000), new modular ambulance ($75,000), and new engine company ($215,000). Councilmember Preisendorf complimented Mr. Cuypers on the development of the Plan and asked how many ambulances and engine companies were needed. Mr. Cuypers stated that there should be one front line engine company and two ambulances at each site. Fire Chief Jim Rowell added that one reserve unit was needed for each active unit. Councilmember Pielstick questioned where the funding would be identified. Mr. Cuypers stated that this would draw down the reserves and that the appropriations would be shifted over from Public Works projects that are not going to proceed as scheduled. Mr. Cuypers stated that no projects would be affected. Dr. McGahan, emergency room director at St. Francis, and medical director, encouraged the Council to retain experienced paramedics within the City organization. Councilmember Cuypers stated that the paramedic issue would be brought before the Council during an Executive Session scheduled for Monday, June 14. Follow Up on Request for Manufactured Home Park at 5020 West Highwav #30. Craig Lewis, Building Inspections Director, reported that at the March 8, 1999 City Council Meeting the Council tabled a request by Mr. Connolly to operate a manufactured home park to allow time for the applicant to complete clean-up operation following the closing of the original mobile home park. Bob Connolly, 5020 West Highway #30, spoke in support of the request for the manufactured home park and narrated a videotape of the manufactured home park. Ron Scherling, 121 7 West 5t\ spoke in opposition to the request for a manufactured home park at 5020 West Highway #30. Councilmember Whitesides reviewed the history of the mobile home park and the deadlines that were imposed but not met. Craig Lewis, Building Inspections Director, stated that it had been a difficult project but that some of the major problems at the park had been remedied. It was noted that there were stipulations agreed to by the City and Mr. Connolly and that Mr. Connolly now had two options: 1) subdivide property to have one trailer on each individual lot or 2) to apply for a mobile home park. Mr. Lewis stated that the grandfather rights for an existing park on the north side were discontinued but not for the use of the land for placement of mobile homes. Charlie Cuypers, City Attorney, reported that the Court had issued an injunction that caused Mr. Connolly to finish closing up the mobile home park and the settlement allowed him to keep the five trailers for a period of two years. Mr. Cuypers stated that Mr. Connolly was now out of compliance with the Court's order and that a new manufactured home permit was required. Mr. Cuypers noted that the facility did not meet the standards and that the Council could determine if the park should be discontinued. Page 3, City Council Study Session, June 7, 1999 I Councilmember Murray questioned whether Mr. Connolly was in compliance with the requirements set forth in March and if the video represented any improvements to the preexisting situation. Mr. Lewis stated that typically the request for a mobile home park license would be approved prior to the improvements being made and that there had been many improvements made since March. Lambert Poels, Highway 34, stated that he had been the property owner prior to Mr. Connolly and that there had not been these problems. Mr. Scherling clarified that Mr. Connolly could not operate a mobile home park unless the Council approved the request for a license. Mr. Cuypers noted that pending compliance with the outlined guidelines, the staff would be recommending denial of the request for a mobile home park license. It was noted that the issue would be brought before the Council at the June 14, 1999 meeting for consideration. Discussion on Implementing Regulations Relative to Lawns. Craig Lewis, Building Inspections Director, stated that it would be difficult to implement regulations requiring lawns within a specific period of time. Sam Zaruba, 4020 Lambchop Lane, voiced support for regulations requiring lawns due to concerns with weeds and decreased property values resulting from appearance. Charlie Cuypers, City Attorney, stated that the homeowner in question had arranged for seeding but the lawn company had not completed the job and had not returned the money. No additional action was requested. Adjournment: The meeting was adjourned at 9:05 p.m. Respectfully submitted, I ~c1u. ~ ~~ Cindy K. Johhson City Clerk I I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING June 14, 1999 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 14, 1999. Notice of the meeting was given in the Grand Island Independent on June 9, 1999. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Larson, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Lueth, Samuelson and Sorensen. Murray was 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 Assistant Finance Director Larry Fox. RESERVE TIME TO SPEAK ON AGENDA ITEMS: Five individuals reserved time to speak on agenda items. PRESENTATIONS AND PROCLAMATIONS: Tom Conlon with Central Nebraska Goodwill thanked the City for their support. Mayor Gnadt presented the Coach and Central Catholic Girls Tennis Team for their winning performance and State Championship. Doug Winder of Project Hunger updated the City Council on the status of their efforts. Mayor Gnadt presented City employees Steven Paustian and Larry Keown with Twenty Year Service A wards for their loyalty, diligence, and outstanding performance during their tenure with the City of Grand Island. Cindy Johnson, City Clerk, reported that the Mayor had proclaimed June 22, 1999 as Living The Dream Day and June 14, 1999 as Flag Day in Grand Island. ADJOURN TO BOARD OF EQUALIZATION: Motion by Lueth, second by Seifert, carried unanimously to adjourn to the Board of Equalization. #99-BE-12 - Determining Benefits for Business Improvement District #2. Steve Rasmussen, Business Improvement Board Chair, reported that in its capacity as the Board of Equalization, it was necessary for the City Council to consider the special assessments for Business Improvement District #2 for FY 1998-99. Mr. Rasmussen noted that this District had been established in 1999 and was designed to provide administration, operational, and promotional activities in the Downtown area. It was noted that the activities included management of the affairs of the district, program development and management, maintenance, marketing, and I I I Page 2, City Council Regular Meeting, June 14, 1999 other ongoing efforts to enhance the economic viability of the District. Mr. Rasmussen explained that assessments levied within the district were based upon the established valuations of all property within the boundaries of the district and that the total assessment was originally proposed to be $57,784; however, the Downtown Improvement Board #2 voted on May 18, 1999 to reduce the total assessments to $28,789, an assessment reduction of more than 50 % . Motion by Samuelson, second by Preisendorf to approve. Councilmember Pielstick questioned the assessments for the Eagles Club and the Chamber of Commerce. Mr. Rasmussen explained that the assessments were based on valuations as determined by the County Board of Equalization. Glendale Reiss, 910 North Boggs, stated that the assessment for the Eagles Club should be eliminated. Gary Quandt, 914 West 15th Street, suggested that the Downtown be separate from City Hall. Upon roll call vote to adopt Resolution #99-BE-12, Larson, Hosier, Seifert, Preisendorf, Whitesides, Lueth, Samuelson and Sorensen voted aye. Pielstick voted nay. Motion adopted. RETURN TO REGULAR SESSION: Motion by Lueth, second by Samuelson, carried unanimously to return to Regular Session. PUBLIC HEARINGS: Public Hearing on Request for Change of Land Use Designation for Property Located West of Webb Road and approximately 298' South of Faidley Road. Dave Barber, Regional Planning Director, reported that Kathleen Prainito, Corporate Counsel, on behalf of O'Reilly Automotive, Inc. Springfield, Missouri, had submitted a request to rezone the property located immediately west of Webb Road and approximately 298' south of Faidley Road from "TA" (Transitional Agriculture) Zone to "B2" (General Business) Zone and that the purpose of the request was to allow for the operation of a retail automotive supply store. It was noted that the Regional Planning Commission, at their June 9, 1999 meeting, unanimously recommended approval. Kelly Fitchhorn, 4203 Arizona, spoke in support. No additional public testimony was heard. Public Hearing on Request for Change of Land Use Designation for Property Located North of 13th Street. South of Mansfield Road. and West of North Road. Dave Barber, Regional Planning Director, reported that Ray Harmon, on behalf of Third City Christian Church, 2808 O'Flannagan Street, had submitted a request to rezone the property located north of 13th Street, south of Mansfield road and west of North Road from "TA" (Transitional Agriculture) Zone to "R2" (Low Density Residential) Zone to allow for construction of a church and development of 94 low to medium density residential lots. It was noted that the Regional Planning Commission, at their June 9, 1999 meeting, unanimously recommended approval. Kay Davis, 4140 Horseshoe Place, voiced concerns with the lot sizes. Margaret Goerl, 1410 North North Road, stated that the property should not be zoned less than Rl. Carol and Steve Craig, 626 Northshore Drive, Hastings, developers of the property, stated that the smallest lot was 8,023 square feet and only four lots were less than the R1 zone lot size. Scott Jones, 3936 Reuting Road, spoke in support of the rezoning. Roger Meyer, 4087 Zola Lane and Kevin Goerl, 1410 North North Road, spoke against the rezoning. No additional public testimony was heard. Public Hearing on Acquisition of Easements. City Administrator Marlan Ferguson reported that acquisition of hike/bike easements located along Shoemaker Hike/Bike trail was required in order to have access to install, upgrade, and maintain the trail. It was noted that there were I I I Page 3, City Council Regular Meeting, June 14, 1999 five separate locations and public hearings on the acquisition of easements. 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: #8481 - Determining Benefits for Business Improvement District #2 #8482 - Approving Change of Land Use Designation for Property Located Immediately West of Webb Road and South of Faidley Road #8484 - Approving Amendment to Chapter 15 of City Code Relative to Adoption of 1999 Edition of the National Electrical Code #8485 - Approving Amendment to Chapter 26 of City Code Relative to 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 the ordinance on its first reading and then upon final passage and call for a roll call vote on each reading and final passage. Second by Seifert. Upon roll call vote, Larson, Hosier, Seifert, Preisendorf, Whitesides, Lueth, Samuelson and Sorensen voted aye. Pielstick voted nay. Motion adopted. Mayor: Is there any discussion? Is anyone in the audience interested In any of these ordinances? There was no additional comment. City Clerk; Ordinances #8481, #8482, #8484 and #8485 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, Larson, Hosier, Seifert, Preisendorf, Whitesides, Lueth, Samuelson and Sorensen voted aye. Pielstick voted nay. Motion adopted. City Clerk: Ordinances #8481, #8482, #8484 and #8485 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, Larson, Hosier, Seifert, Preisendorf, Whitesides, Lueth, Samuelson and Sorensen voted aye. Pielstick voted nay. Motion adopted. ' Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinances #8481, #8482, #8484 and #8485 are declared to be lawfully passed and adopted upon publication as required by law. Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that Ordinance numbered: #8483 - Approving Change of Land Use Designation for Property Located North of 13th Street, West of North Road and South of Mansfield 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 final passage. Second by Lueth. I I I Page 4, City Council Regular Meeting, June 14, 1999 Upon roll call vote, Larson, Hosier, Seifert, Preisendorf, Whitesides, Lueth, Samuelson and Pielstick voted aye. Sorensen voted nay. Motion adopted. Councilmember Pielstick questioned whether the proposed houses were to be town homes or condominiums. The developer, Sandy Craig, answered that they will be town homes and that if they were not town homes they would be more expensive. Ms. Craig added that the market research indicated that people were interested in town homes. Councilmember Seifert asked if the development were to proceed would there be an easement retained for the potential extension of Independence Avenue? Ray Harmon, 3433 Schroeder Avenue, spoke on behalf of the Third City Christian Church, and stated that the Church had sent a letter to the City stating that the Church would donate the easement if the extension were to go through. Councilmember Lueth questioned the density difference between Rl and R2. Dave Barber, Regional Planning Director, reported that Rl allowed 4-5 houses per acre and R2 allowed 5-7 houses per acre. Councilmember Lueth confirmed that new development was required to install the subsurface drainage systems. Mayor: Is there any discussion? Is anyone III the audience interested III any of these ordinances? There was no additional comment. City Clerk; Ordinance #8483 on its first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Larson, Hosier, Seifert, Preisendorf, Whitesides, Lueth, Samuelson and Pielstick voted aye. Sorensen voted nay. Motion adopted. City Clerk: Ordinances #8483 on its final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, Larson, Hosier, Seifert, Preisendorf, Whitesides, Lueth, Samuelson and Pielstick voted aye. Sorensen voted nay. Motion adopted. Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinance #8483 is declared to be lawfully passed and adopted upon publication as required by law. CONSENT AGENDA: Motion by Pielstick, second by Seifert, carried unanimously to adopt the Consent Agenda. Approving April 26, 1999 City Council Regular Meeting (Amended) Minutes, May 24, 1999 City Council Regular Meeting Minutes, June 7, 1999 City Council Special Study Session Minutes, and June 7. 1999 City Council Study Session Minutes. Councilmember Lueth abstained from voting on the May 24, 1999 City Council Regular Meeting Minutes. Approving Appointment of Dr. Robert Leslie to Animal Advisory Board for a Term to Expire May 31. 2002. Approving Appointments of Councilmember Samuelson and Mary Ann Apfel to Board of Health for Terms to Expire June 30, 2002. Approving Preliminary Plat for Lincoln View Estates Subdivision. I I I Page 5, City Council Regular Meeting, June 14, 1999 Approving Preliminary Plat for Tree House Subdivision. It was noted that Tree House, Inc., owner, and applicant, had submitted a preliminary plat for Tree House Subdivision, located south of State Street, north of Sam's Club and immediately east of the Moore's Creek storm water outfall ditch and that this preliminary plat proposed to subdivide a vacant 14.84 acre tract of land into a total of five commercial lots. Approving Reauest of Chief Industries. Inc. for License Agreement for Use of Public Right-of- Wav for Underground Installation of Fiber Optic and Telephone Lines at 1821 South North Road. 1712 South North Road. 1712 South North Road. and 1510 South North Road. #99-164 - Approving Final Plat and Subdivision Agreement for Conestoga North Twelfth Subdivision. It was noted that Fred F. Mehring Trust, Helen M. Mehring Trust, Nancy A. Erwin Trust, John M. Mehring Trust, Christian S. Mehring Trust, Elizabeth A. Erwin Trust, and Donald D. Mehring, owners, had submitted the final plat for Conestoga North Twelfth Subdivision, located south of State Street and east of Highway 281 and that this plat proposed a 400 square feet teller canopy and a 254 square feet addition to the existing Home Federal Bank located on Lot 1, Conestoga North Eleventh Subdivision. #99-165 - Approving Final Plat and Subdivision Agreement for Crane Valley Subdivision. It was noted that Concord Development, LLC, owners, had submitted the final plat for Crane Valley Subdivision, located immediately west of Highway 281 and north of Faidley Avenue and that this plat proposed to create a total of nine lots for commercial development, as well as two lots as storm water detention cells. #99-166 - Approving Final Plat and Subdivision Agreement for Martin's Subdivision. It was noted that Wilmar Realty, L.L.C., owners, had submitted the final plat for Martin's Subdivision, located immediately north of Old Potash Highway between Highway 281 and Webb Road and that this plat proposed to subdivide approximately 30 acres of land into a total of four commercial lots ranging in size from 1.3 acres to 18.6 acres. #99-167 - Approving Interlocal Agreement with Hall County Relative to Grant Administration of Department of Economic Development Funding For Crane Meadows. #99-168 - Approving Uniform Curfew for Parks and Hike/Bike Trails. #99-169 - Awarding Bid for Control and Relay Telecommunication Construction to Pedersen Power Products. Omaha. Nebraska in the amount of $2.280.106. #99-170 - Awarding Bid for Street Improvement Program #1. 1999 to Diamond Engineering Co.. Grand Island. Nebraska in the amount of $484.181.39. #99-171 - Awarding Bid for Radar Units Under State Contract #CA-4835. #99-172 - A warding Bid for Library Automation System Upgrade to Ameritech Library Services in the amount of $47.768.16. #99-173 - Approving Agreement with State of Nebraska Relative to Maintenance of Roadways Under State Jurisdiction but Within City Limits. I I I Page 6, City Council Regular Meeting, June 14, 1999 #99-174 - Approving Supplemental Agreement with Nebraska Department of Roads Relative to Signal at Webb Road and Highway 30. #99-175 - Approving Certificate of Final Completion and Setting Date for Board of Equalization for Water Main District #426T. Husker Highway from Regal Drive to Schroeder A venue. #99-176 - Approving Change Order #1 for Miscellaneous Concrete Repairs for Transfer Station and Landfill. #99-177 - Approving Certificate of Final Completion for Miscellaneous Concrete Repairs for Transfer Station and Landfill. #99-178 - Approving Certificate of Final Completion for Playground Structure and Installation. Fonner Park Softball Complex. #99-179 - Approving Certificate of Final Completion for Furnishing and Installation of Ball Field Lighting. Fonner Park Softball Complex. #99-180 - Approving Certificate of Final Completion for Secondary Electrical Service. Fonner Park Softball Complex. #99-181 - Approving Concurrence of State of Nebraska Department of Roads Relative to Selection of Low Bid for Traffic Modification at Highway 281 and Faidley Avenue. #99-182 - Setting Date for Board of Equalization for 1998 Weed Assessments. #99-183 - Approving Acquisition of Hike/Bike Easement from Jeffrey and Suzanne Palu. #99-184 - Approving Acquisition of Hike/Bike Easement from Timothv and Agelia Bothum. #99-185 - Approving Acquisition of Hike/Bike Easement from Steven and Brenda Yelkin. #99-186 - Approving Acquisition of Hike/Bike Easement from Leon A. Milan. #99-187 - Approving Acquisition of Hike/Bike Easement from Vicki Gewecke. #99-188 - Approving Request for Traffic Modification Relative to Establishment of No Parking Zone on the North Side of Highwav 30 from the Easterly Junction of New Highway 30 to Industrial Lane. #99-189 - Approving Amended Agreement with Central Platte Natural Resources District Relative to Modification to Wood River/Warm Slough Project. #99-190 - Approving Pier Lake Renovation Plan with Modifications. Steve Paustian, Parks and Recreation Director, reported that as discussed at the June 7, 1999 City Council Study Session, the Parks and Recreation Department, in conjunction with consultant Olsson Associates, had prepared a Renovation Plan for Pier Lake and that the plan included two or more areas along the shore for waterfowl and people to access the water, the shore wall and appurtenant sidewalk to I I I Page 7, City Council Regular Meeting, June 14, 1999 go around the entire lake, including the north shore and a chain link fence higher than the 4' original fence specified and was modified as per Council input at the Study Session. Councilmember Lueth questioned whether Mr. Paustian had met with the neighbors to review the recommended changes. Mr. Paustian stated that they had met and a change was being forwarded to relocate the waterfowl area to the southeast corner of the lake. REQUESTS AND REFERRALS: Approving: Request of Jeffrey and Suzanne Palu. 4160 Mavwood Drive. for License Agreement for Use of Easement and Right of Way for Fence. Motion by Sorensen, second by Preisendorf, carried unanimously to approve. Approving Request of Timothv and Agenlia Bothum. 1502Hope Street. for License Agreement for Use of Easement and Right of Way for Fence. Motion by Sorensen, second by Preisendorf, carried unanimously to approve. Approving Request of Steven and Brenda Yelkin. 4167 Redwood Court. for License Agreement for Use of Easement and Right of Wav for Fence. Motion by Sorensen, second by Preisendorf, carried unanimously to approve. Approving Request of Leon A. Milan. 4173 Redwood Court. for License Agreement for Use of Easement and Right of Way for Fence. Motion by Sorensen, second by Preisendorf, carried unanimously to approve. Approving Request of Vicki Gewecke. 4172 Redwood Court. for License Agreement for Use of Easement and Right of Way for Fence. Motion by Sorensen, second by Preisendorf, carried unanimously to approve. Approving Request of Bobby Connollv. dba Libertv Park. for Mobile Home Park License. Craig Lewis, Building Inspections Director, reported that as discussed at the June 7, 1999 City Council Study Session, Robert Connolly, 5020 West Highway 30, had submitted a request with the Building Department for Liberty Park, Inc. for a Manufactured Home Park Permit to provide for five manufactured home sites. Mr. Lewis noted that this site was the former location of Oak Ridge Estates Mobile Home Park and that prior to operation, the City Code required improvements consisting of: 1) manufactured home space of a minimum of 3,000 square feet; 2) two hard-surfaced off-street automobile parking spaces for each home; 3) each space shall abut on a driveway with unobstructed access to a public street and be enumerated; 4) homes shall be parked such that there is a minimum of 15' between homes and at least 10' from an exterior boundary; 5) access roads shall provide for continuous forward movement and have a minimum of 40' in width; 6) all newly constructed roadway, access roads, and parking spaces shall be constructed with a permanent type dust-free surface such as asphaltic cement concrete, portland cement concrete, or paving brick; 7) the 10' exterior boundary shall be landscaped as per Section 36-36.1 of the City Code; and 8) refuse storage and collection shall be provided with sufficient numbers and capacity and collected at least twice weekly with common use or central collection sites visually screened or fenced. Charlie Cuypers, City Attorney, recommended that if approved, the motion should be to approve the license contingent upon minimum improvements being completed (as outlined in Mr. Lewis' letter of February 24, 1999), and the approval to expire September 30, 1999 unless extended by I I I Page 8, City Council Regular Meeting, June 14, 1999 Council. Motion by Seifert, second by Sorensen to approve with Mr. Cuypers contingent phrasing added. Ron Scherling, 1217 West 5th Street, spoke in opposition to the request. Bobby Connolly, 5020 West Highway 30, stated that he would like to make improvements on the property and continue working with the City. Councilmember Preisendorf stated that he would like to see the final approval based upon completion by September 30, 1999 with no extensions. Councilmember Pielstick questioned how many of the requirements outlined in the February 24, 1999 letter had been met. Mr. Lewis stated that typically the approval by Council was given prior to the investment on improvements being made. Councilmember Samuelson questioned the next step if the request was denied. Mr. Lewis stated that the existing mobile homes would have to be put on separate lots which would require subdivision and rezoning. Roll call vote was taken on motion to approve the request. Councilmember Larson, Hosier, Seifert, Preisendorf, and Sorensen voted aye. Pielstick, Whitesides, Lueth and Samuelson voted nay. Mayor Gnadt cast the sixth and deciding vote in favor of the request. Motion was adopted. RESOLUTIONS: #99-191 - Approving: Contracts for Employee Health Insurance. Dental Insurance and Section 125 Benefit Plan. Lisa Thayer, Personnel Director, stated that the Risk Management Committee had recommended that the proposal submitted by Aetna for administration of health and dental insurance be accepted. It was noted that the proposal provided for the City to be self- insured for both health and dental and to pay an administrative fee of $55.07 per participant per month to Aetna as the administrator of the plan. Ms. Thayer added that it was the Committee's recommendation that the City consider McDermott and Miller to administer the Section 125 Plan at a rate of $3.00 per participant per month and that both new plans be in place by August 1, 1999. Motion by Sorensen, second by Seifert, carried unanimously to approve. PAYMENT OF CLAIMS: Motion by Lueth, second by Samuelson, carried unanimously to approve the Claims for the period of May 25, 1999 through June 14, 1999, claims #78351 through #79005. Councilmember Preisendorf abstained from voting on Claim #78569. Councilmember Whitesides abstained from voting on Claim #78588. ADJOURN TO EXECUTIVE SESSION: Motion by Lueth, second by Seifert, carried unanimously to adjourn to Executive Session at 8:50 p.m. Discussion on Fire Department issues took place from 9:00 p.m. to 10:05 p.m. Discussion on Finance Director Chuck Haase took place from 10: 15 p.m. to 10:55 p.m. Councilmember Pielstick left the meeting at 10:45 p.m. RETURN TO REGULAR SESSION: Motion by Whitesides, second by Preisendorf, carried unanimously to return to Regular Session at 10:55 p.m. ADJOURNMENT: The meeting was adjourned at 10:55 p.m. I I I Page 9, City Council Regular Meeting, June 14, 1999 Respectfully submitted, ~t5o~ City Clerk I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION June 21, 1999 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers on June 21, 1999. Notice of the meeting was given in the Grand Island Independent on June 16, 1999. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Larson, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Lueth, Samuelson, Murray and Sorensen. The following City Officials were present: Marian Ferguson, City Administrator, Cindy Johnson, City Clerk, Finance Director Larry Fox, City Attorney Charlie Cuypers, and Steve Riehle, Public Works Director. I Review of Proposed Fees in Coni unction with FY1999-2000 Annual Budget. Marian Ferguson, City Administrator, reported that the FY1999-2000 proposed fees basically reflected slight cost-of-living increases with the exception of the fees involving solid waste. Steve Riehle, Public Works Director, explained the solid waste fees and noted that the industry standard was to charge by the ton not by cubic yards and to eliminate the out of county higher rate. Councilmember Sorensen stated that the fees for out of county solid waste should not be identical to the in county rates. Mr. Riehle stated that the landfill was self supporting and an enterprise fund. Councilmember Seifert stated that Grand Island was a shopping hub for area towns and did not feel they should be charged more. Councilmember Murray stated that when we set the higher fee for out of county users the concern was having sufficient space for our needs. Bruce Jones, Solid Waste Superintendent, reviewed the tipping fee revenue and expense comparison for the last five years. Councilmember Murray questioned the in county and out of county use for previous years. Mr. Jones said 12% of out of county waste represented $200,000 of revenue. Councilmember Seifert questioned why we have a Transfer Station. Mr. Jones stated that the Transfer Station lowered the mileage for the haulers which in turn reduced their costs and the subsequent charge to the customer. Councilmember Larson questioned whether all of the waste that goes into landfill comes through the Transfer Station. Mr. Jones replied that it depended on where they were hauling from - closer to Transfer Station or closer to Landfill. I Councilmember Pielstick questioned the use of the Council Chambers and asked what types of groups rented the Council Chambers. Councilmember Murray noted that the fees for use of the facility had increased significantly over the past few years. City Clerk Cindy Johnson reported that the fees associated with use of the facility were now more consistent with the actual costs associated with room set up and maintenance. Councilmember Lueth questioned the increases for water service. Gary Mader, Utilities I Director, reported that the water service fees had not reflected the costs involved and that the proposed fees would do so. Assistant Finance Director Larry Fox concurred with Mr. Mader and stated that a decision had been made to incrementally increase the fees in an effort to recoup the costs. Mr. Fox reviewed the budget process and reminded Council of the budget hearing schedule. It was noted that it was important to have accurate revenue projections in order for Council to make informed decisions when establishing the budget. Mr. Fox stated that he hoped to move the focus of the budget process away from line item review to big picture analysis. I Presentation on Proposed Green Space/Open Space Regulations. Dave Barber, Regional Planning Director, reported on his research relative to park impact fees as requested by the City Council at the May 17, 1999 Study Session. Mr. Barber reported that there were two opportunities to charge a fee: 1) when land was being developed or 2) charged to the developer/subdivider at the time of residential land subdivision. Mr. Barber reviewed the process utilized to set an appropriate park impact fee and noted that three factors were used: 1) Council's philosophical view as to what percentage of new park development should be funded from the general tax base of the community, compared to PIF user fees generated from new residential building construction; 2) actual acquisition and development costs of new neighborhood park sites; 3) the effect that a PIF would have on the cost/affordability of new housing. Steve Paustian, Parks and Recreation Director, stated that acquiring land for development of parks was always important in that as areas developed the ability to acquire the land was reduced. Councilmember Pielstick questioned whether pocket parks were being considered. Mr. Paustian stated that pocket parks were not being included in this discussion inasmuch as the expense to do so was not significant. City Attorney Charlie Cuypers stated that the Community Redevelopment Authority had funds available in their budget for pocket parks. It was noted that the funding was included in the event some dilapidated property became available for acquisition. Councilmember Larson stated that one of the drawbacks was that 737 housing units had been constructed in the last three years and that using those numbers it would take nine years to purchase the land for a park. Councilmember Larson stated that maybe this proposal would have to be considered in conjunction with general taxation. Diane Hill, 4213 Quail Lake, stated that one of the solutions was to change the conditions by which developers were allowed to develop properties to include space for a pocket park. Frank Meister, 4057 Palace Drive, stated that there are very few parks of a substantial size in Grand Island and voiced support for developers being required to set aside property for parks. Mayor Gnadt stated that the issue would be considered by Council and returned at a later time. I Discussion on Economic Development. Tim White, chairman of the Grand Island Area Economic Development Corporation Board, 1709 Rio Grande, reviewed the mission, goal and vision of the Corporation and stated that economic development was a community effort and needed involvement from several components of the community, including local government. Curtis Griess, 26 Kuester Lake, reviewed the guidelines for economic development projects and noted that many grants required matching local funds. It was reported that there were currently two projects being considered and that additional funding was necessary to help facilitate the projects. Mr. Griess stated that the I Corporation was asking for $350,000 from the City to assist in economic efforts including cost sharing of incentive for re-location of Grand Island businesses to existing Industrial Park and/or to other appropriate locations efforts, and cost sharing of incentive for project involving employer and Department of Economic Development. Councilmember Lueth questioned the type of employment that would result from the two projects under consideration. Councilmember Murray stated that his individual philosophy was to look at the budget as a whole and not to look at individual requests out of order. Mr. Griess stated that the Corporation had not come looking for an answer this evening but for consideration throughout the budget process. Mr. White reviewed the time line for the hiring of a new Executive Director and stated that representatives of the City, County and Airport Authority would be included in the interview process. MarIan Ferguson, City Administrator, spoke on economic development and stressed that it was important to have all players on the same page and that the City participate not only financially but also within City departments. Mr. White stated that the competition was getting very fierce and that the community was going to have to address the issue of incentives in the very near future and that a real team effort was necessary in order to be successful. Bill Giddings, 2311 Viking Court, spoke on the issue and asked the City to be an advocate of economic development. Roger Lindley, 923 East Phoenix Avenue, stated that he had worked 34 years in manufacturing as an engineer, quality control and safety and that diversification of products was important as was the need to increase manufacturing jobs and the ability of the City to attract workers from neighboring communities. Councilmember Seifert asked Mr. White to explain how power utilities can impact economic development. Mr. White stated that power utilities budget significant funding for economic development. I Report on Telephone Survey Results Relative to Zoo. Councilmember Fred Whitesides, chairman of the Zoo Committee, reviewed the Committee's mission and indicated that the Committee had sought public input to assist in their report to Council. Cindy Johnson, Public Information Director, reported on the survey process and the survey results which indicated that 65% of the people surveyed would support a $5/year increase in property taxes to support the zoo. Ms. Johnson reviewed additional results of the survey including demographic information and comments made regarding upkeep and maintenance. Leo Tylkowski, 1916 North Sheridan, stated that the increase in taxes should go to a vote of the people. Councilmember Whitesides stated that the future of the Zoo was yet to be determined. I Discussion on Amending Personnel Rules Relative to Residency Requirement for Public Safetv Employees. Marian Ferguson, City Administrator, reported that Councilmember Seifert had requested this item be discussed due to concerns about the relevance of a residence requirement in this age. Mr. Ferguson stated that the reasons historically for a residency requirement may no longer exist and that by eliminating the residency requirement the City would have a greater base of employees to draw from. It was suggested that to ensure public safety, an hour response time may be appropriate. Councilmember Seifert and Preisendorf agreed that it may be prudent to amend the residency requirement. Councilmember Murray stated that the one hour response time was a good idea. Police Chief Kyle Hetrick suggested that it may be less cumbersome to I simply eliminate the residency requirement altogether as it would be difficult to enforce the one hour response time. Councilmembers Larson and Seifert agreed. Councilmember Pielstick confirmed that the amendment referred only to public safety and emergency management personnel. Adjournment. The meeting was adjourned at 9:21 p.m. Respectfully submitted, ~dAt ~ (jfvvt ~ Cindy K. Johnson City Clerk I I I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING June 28, 1999 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 28,1999. Notice of the meeting was given in the Grand Island Independent on June 23, 1999. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Larson, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Samuelson, Murray and Sorensen. Councilmember Lueth was 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 Assistant Finance Director Larry Fox. PLEDGE OF ALLEGIANCE was said, followed by INVOCATION given by Councilmember Whitesides. RESERVE TIME TO SPEAK ON AGENDA ITEMS: Two individuals reserved time to speak on agenda items. PRESENTATIONS AND PROCLAMATIONS: Presentation on "It's About Kids!". Val Konecky, Youth Services Coordinator, presented a report on the activities of the Community Youth Council's efforts relative to asset building. A tape of the upcoming public service announcement "It's About Kids!" was shown. PUBLIC HEARINGS: Public Hearing on Acquisition of 13 Perpetual Conservation Easements. Steve Riehle, Public Works Director, reported that acquisition of perpetual conservation easements located adjacent to both sides of South Locust Street extending approximately 0.6 miles north of 1-80 and 1.0 miles south of 1-80 were required in conjunction with the South Locust/I -80 Interchange Project. It was noted that these easements would be used to curtail commercial and industrial uses of the land near the proposed interchange to enable the continued use of the land as a roosting area for sandhill and whooping cranes. Louise Miller, 1104 West Charles, suggested that the City rescind its vote on the South Locust Project. Jerry Poels, 4320 West Highway 30, spoke in opposition to the acquisition. No additional public testimony was heard. Public Hearing on Acquisition of Drainage Easement. Steve Riehle, Public Works Director, reported that acquisition of a drainage easement located near Father Flanagan's Boys' Home, I I I Page 2, City Council Regular Meeting, June 28, 1999 along the easterly and northerly boundaries of Lot 1 Brennan Subdivision, was required in order to provide drainage of surface waters. No public testimony was heard. Public Hearing on Acquisition of Utility Easement. Steve Riehle, Public Works Director, reported that acquisition of the utility easement located in the vicinity of 15th Street and Huston Street was required in order to install, upgrade, maintain and repair a sanitary sewer service line. No public testimony was heard. Public Hearing on Request for Conditional Use Permit for Construction of Detached Garage. Craig Lewis, Building Inspections Director, reported that John Hurst, 2104 North Grand Island Avenue, had submitted a request with the City Clerk's Office for a Conditional Use Permit to allow for the construction of a detached garage. John Hurst, 2104 North Grand Island Avenue, spoke in support of the request. Public Hearing on Request for Conditional Use Permit for Placement of Temporary Office at Highway 281 and Capital Avenue. Craig Lewis, Building Inspections Director, reported that Richard L. Beckstrom, President, Northwest Auto Center, Inc., 3426 West Capital Avenue, had submitted a request with the City Clerk's Office for a Conditional Use Permit to allow for a temporary building to be used as an office at Highway 281 and Capital Avenue. Mr. Lewis stated that the request was for a two year period of time and it was unknown at this time what structure was going to be brought in. Duane Burns, attorney representing Mr. Beckstrom, spoke in support of the request. No additional public testimony was heard. Public Hearing on Request for Conditional Use Permit for Construction of a Detached Garage. Craig Lewis, Building Inspections Director, reported that Randy Skarka, 1424 North Lafayette, had submitted a request with the City Clerk's Office for a Conditional Use Permit to allow for the construction of a detached garage. Randy Skarka, 1424 North Lafayette, was present and spoke in support of the request. No additional 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: #8486 - Creation of Sanitary Sewer District #490, The Village Subdivision #8487 - Creation of Street Improvement District #1224, Allen Drive from Faidley A venue to 13 th Street #8488 - Creation of Water Main District #432, The Village Subdivision #8489 - Amendment to Chapter 12 of City Code Relative to Civil Service Provisions #8490 - Amendment to Chapter 30 of City Code Relative to User Fees for Consumers Outside City Limits for Connection to the Municipal Sewer System 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 final passage. Second by Pielstick. Upon roll call vote, motion was adopted unanimously. I I I Page 3, City Council Regular Meeting, June 28, 1999 Mayor: Is there any discussion? Is anyone in the audience interested in any of these ordinances? Councilmember Preisendorf questioned the proposed change to the out of county sewer charges and asked what effect the change would have on properties who had their own wells. Steve Riehle, Public Works Director, stated that the customer list had been reviewed and thought that all had city sewer but if that was not the case they would review it again. Clerk: Ordinances #8486, #8487, #8488, #8489, and #8490 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. Clerk: Ordinances #8486, #8487, #8488, #8489, and #8490 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 each reading and then upon final passage, Ordinances #8486, #8487, #8488, #8489, and #8490 are declared to be lawfully passed and adopted upon publication as required by law. CONSENT AGENDA: Councilmember Whitesides asked that items G-3 and G-4 band c be removed from the Consent Agenda. Motion by Pielstick, second by Larson, carried unanimously to approve the Consent Agenda with the exclusion of G-3 and G-4b and c. Receipt of Official Documents. Including Downtown Improvement Board Minutes of May 18. 1999 and May 19. 1999. Approval of Minutes of June 14. 1999 City Council Regular Meeting and June 21. 1999 City Council Study Session. Approving Request of John Hurst. 2104 North Grand Island Avenue. for Conditional Use Permit for Construction of Detached Garage. Approving Request of Principal Life Insurance Company. 3025 West College Street. for License Agreement for Storm Sewer Connection. #99-192 - Approving Acquisition of Drainage Easement Near Father Flanagan's Boys Home. #99-193 - Approving Acquisition of Utility Easement In the Vicinity of 15th Street and Huston Street. #99-194 - Approving Subordination Agreement Relative to Community Development Property at 715 North White Street. #99-195 - Approving Revised Subdivision Agreement for The Village Subdivision Relative to the Construction of Sanitary Sewer and Water. I I I Page 4, City Council Regular Meeting, June 28, 1999 #99-196 - Approving Extension to Contracts with Diamond Engineering Company Relative to Water Main District #429 and Sanitary Sewer District #489, Platte Valley Industrial Park Due to the Wet Spring Conditions. #99-197 - Awarding Bid Under State Contract to Platte Valley Communications of Grand Island, Nebraska, in the Amount of $45,037.59 for Portable Radio Equipment. Police Department. #99-198 - Awarding Bid Under State Contract to Kustom Signals, Inc.. Lenexa, Kansas, in the Amount of $53.469 for Mobile Video Equipment. Police Department. Approving Request of Central Nebraska Ethnic Festival for Special Designated Liquor License. Mary Kamelka, 108 West 17th Street, and Lynette Marshall, corporate officer for Central Nebraska Ethnic Festival, P.O. Box 1306, Grand Island, stated that the Festival Committee had made application with the City Clerk's Office for a Special Designated Liquor Permit for Friday, July 23, 1999 from 6:00 p.m. to midnight, Saturday, July 24, 1999 from 11:00 a.m. to midnight, and Sunday, July 25, 1999 from noon to 5:00 p.m. in conjunction with the Central Nebraska Ethnic Festival. It was noted that the license would allow for the sale of beer in an outdoor beer garden inside three tents which will be secured off with construction fencing. Tricia Beem and Anita Lewandowski also were present. Motion by Whitesides, second by Samuelson, carried unanimously to approve. Approving Request of Northwest Auto Center, Inc.. Highway 281 and Capital A venue for Conditional Use Permit. Motion by Larson, second by Whitesides to approve. Councilmember Preisendorf requested that the City officials ensured that the property was in compliance with the landscaping regulations. Councilmember Pielstick confirmed that the request was for two years only. Duane Burns, attorney representing Northwest Auto Center, stated that it was for two years and would serve only until a permanent facility could be constructed on the site. Upon roll call vote, motion was adopted unanimously. Approving Request of Randy Skarka, 1424 North Lafayette, for Conditional Use Permit for Construction of Detached Garage. Motion by Whitesides, second by Sorensen, carried unanimously to approve. Councilmember Pielstick confirmed that the garage would not be used for working on or repairing the vehicles but only for storage. Councilmember Murray noted that the garage would be bigger than the home. REQUESTS AND REFERRALS: Approving Request of Golden Burrito for Vendor's Permit for Use of Public Streets. Cindy Johnson, City Clerk, reported that Martin Vasquez on behalf of the Golden Burrito, 412 West Avenue, had made application with the City Clerk's Office for a Vendor's Permit to provide for use of City streets for the sale of Mexican food and that the Health Department had issued their appropriate permits. Councilmember Pielstick voiced concern that the vendors had been selling products on the street without benefit of a license. Ms. Johnson reported that the Health Department had issued their required permits and that the vendors might have believed no additional permits were required. Motion by Murray, second by Whitesides to approve. Upon roll call vote, Larson, Hosier, Seifert, Preisendorf, Whitesides, Samuelson, Sorensen and Murray voted aye. Pielstick voted nay. Motion adopted. I I I Page 5, City Council Regular Meeting, June 28, 1999 Approving Request ofPaleteria Zacatecas for Vendor's Permits for Use of Public Streets. Cindy Johnson, City Clerk, reported that Silvia Correa on behalf of Palateria Zacatecas, 110 West 4th Street, had made application with the City Clerk's Office for three Vendor Permits to provide for use of City streets for the sale of prepackaged popsicles and that the Health Department had issued their appropriate permits. Motion by Murray, second by Whitesides to approve. Upon roll call vote, Larson, Hosier, Seifert, Preisendorf, Whitesides, Samuelson, Sorensen and Murray voted aye. Pielstick voted nay. Motion adopted. RESOLUTIONS: #99-199 - Approving Acquisition of 13 Perpetual Conservation Easements. Motion by Sorensen, second by Samuelson, carried unanimously to acquire perpetual conservation easements located adjacent to both sides of South Locust Street extending approximately 0.6 miles north of 1-80 and 1.0 miles south of 1-80 that were required in conjunction with the South Locust/I -80 Interchange Project. #99-200 - Adoption of User Fee Schedule. Larry Fox, Assistant Finance Director, reported that in conjunction with the development of the Fiscal Year 1999-2000 Annual Budget, it was recommended that the user fee schedule be amended to reflect adjustments based on the cost of providing the service. Motion by Sorensen, second by Seifert to approve. Councilmember Pielstick questioned the solid waste fees. Councilmember Preisendorf stated he would like to see those fees reviewed again. Charlie Cuypers, City Attorney, asked that the Council set as many User Fees as possible so that the budget can be developed based on that knowledge. Councilmember Seifert asked what the impact of the change was and why. Steve Riehle, Public Works Director, stated that the proposed fee provided for charges for solid waste to be based on tonnage and not yards and that the change was consistent with other landfills throughout the state. Councilmember Larson offered a friendly amendment to eliminate these fees from the User Fee Schedule and to discuss further. The amendment was accepted by Sorensen and Seifert. Councilmember Preisendorf noted that the change would ultimately affect users in higher rates. Motion to approve the User Fee Schedule, excluding the Solid Waste Fees, was adopted. #99-201 - Approving Modified Interlocal Agreement Relative to South Locust Street Proiect and Acquisition of Conservation Easements. Charlie Cuypers, City Attorney, reported that on February 12, 1996, the City Council adopted Resolution #96-25 approving an Interlocal Agreement with Hall County, the Nebraska Game and Parks Commission, and the Nebraska Department of Roads providing for the widening of South Locust Street between Highway 34 and Interstate 80 and to construct a separated grade highway interchange at the intersection of South Locust Street and 1-80. It was noted that additionally, the Agreement set forth the process for acquiring and enforcing conservation easements in conjunction with this project and that Hall County had now requested that the Agreement be modified to clarify the payment of costs associated with the acquisition of the conservation easements. Motion by Samuelson, second by Larson, carried unanimously to approve. I I I Page 6, City Council Regular Meeting, June 28, 1999 #99-202 - Adoption of Interlocal Agreement Relative to Cost Sharing for a Survey of Proposed Recreational Trails at Cornhusker Army Ammunition Plant. Charlie Cuypers, City Attorney reported that the Cornhusker Army Ammunition Reuse Committee had been discussing the development of hike/bike trails on the Cornhusker Army Ammunition Plant property, and the acquisition of easements to be used for this purpose and that prior to the final disposition of lands by the Department of The Army, a survey of the proposed recreational trails must be completed. It was noted that the proposed Agreement provided that the City and County would share equally the cost of the survey, to be conducted by a registered land surveyor and the City's share was expected to be approximately $7,970. Motion by Murray, second by Samuelson, carried unanimously to approve. #99-203 - Approving: Reduction in Golf Course Capital Maintenance Fee. Steve Paustian, Parks and Recreation Director, reported that Resolution #99-201, adopted by the City Council on July 27, 1998, established the Golf Course capital maintenance fee at the level of $1.20 and that this amount had increased from $1.19 in 1998 to coordinate with the reduction of the state sales tax by 1/2 % but because the state sales tax would be increased by 1J2 % as of July 1, 1999, it was requested that the capital maintenance fee be reduced by 1 C to maintain the more customer friendly rate of $1.25 ($1.19 plus 6C tax), not $1.26 ($1.20 plus 6C tax). Motion by Larson, second by Sorensen, carried unanimously to approve. #99-204 - Approving Intent to Terminate Agreement with Grand Island Area Zoological Society. Mayor Gnadt stated that on December 28, 1998, the City Council adopted Resolution #98-328 entering into an Agreement with the Grand Island Area Zoological Society for the management and operation of the zoo and that the Agreement was for the period of October 1, 1998 through September 30, 1999 and provided for a 90 day written notice to terminate the Agreement. Mayor Ken Gnadt and Councilmembers Whitesides, Seifert, and Pielstick had placed the issue of termination of the contract on the Council Agenda for consideration. It was noted that if Resolution #99-204 was adopted, the City would then have the responsibility for management and operation of the zoo and its facilities along with care and maintenance of the animals, exhibits, buildings, and grounds. Motion by Sorensen, second by Pielstick to approve. Leo Tylkowski, 1916 North Sheridan, Louise Miller, 1104 West Charles, Jerry Poels, 4328 West Highway 30, spoke in opposition to increased financial support for the zoo. Joe Wicks, 648 East MacArthur, Tricia Beem, representing the Convention and Visitors Bureau, George Overfield, Zoological Society, and Dr. Mike Nance, Zoo Director, spoke in support. Lewis Kent, 624 East Meves, stated that the zoo in its current form was unacceptable but it could be salvaged. Lonnie Ross, 4336 West Capital Avenue, Kristy Ceballos, Wood River, Rick Weigman, 3910 Mary Lane, John Hogatt, 4011 Norseman Avenue, Larry Cordes, 2419 Del Monte Avenue, Jim Mayer, Attorney representing Henry and Maria Ahrens Charitible Trust, Lee Faaberg, 403 Westside, Zoological Society, spoke in support. Roger Kolar, 4008 Kay Avenue, challenged the City to look at the direction headed. Elizabeth Mayer, Yancey, spoke in support. Councilmember Pie Is tick stated it was not the City's idea to close the zoo. Councilmember Whitesides noted that the Council had a responsibility to the citizens and taxpayers to provide a quality zoo. Roll call vote was taken on motion to adopt Resolution #99-204. Motion was adopted unanimously. #99-205- Approving Agreement Relative to South Locust Street Proiect. Steve Riehle, Public Works Director, reported that Resolution #99-205 authorized the City to enter into an I I I Page 7, City Council Regular Meeting, June 28, 1999 Agreement with the State of Nebraska Department of Roads for the construction of the South Locust bridge over the Wood River flood way channel in conjunction with the widening of South Locust Street from U.S. Highway 34 south to the corporate limits. It was noted that the Agreement formalized the requirements for both parties to comply with the federal requirements and that costs for the bridge and roadway construction was estimated to be approximately $4,000,000 with Surface Transportation Program Funds expected to cover half of the costs and the City assuming the remaining half of the costs via bonding. Motion by Samuelson, second by Seifert, carried unanimously to approve. PAYMENT OF CLAIMS: Motion by Samuelson, second by Seifert, carried unanimously to approve the Claims for the period of June 15, 1999 through June 28, 1999, claims #76918, #77455, #78438, #78593, #78605, #78945, and #79006 through #79594, minus Claim #79540 for a total claims amount of $2, 180,404.04. ADJOURNMENT: The meeting was adjourned at 9: 1 0 p.m. Respectfully submitted, Ci~~frv' City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL MEETING July 12, 1999 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 July 7, 1999. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Larson, Pielstick, Preisendorf, Whitesides, Lueth, Samuelson, Murray and Sorensen. Seifert and Hosier were absent. The following City Officials were present: City Administrator Marian Ferguson, City Clerk Cindy Johnson, Public Works Director Steve Riehle, City Attorney Charlie Cuypers and Finance Director Chuck Haase were present. RESERVE TIME TO SPEAK ON AGENDA ITEMS: 14 individuals reserved time to speak on agenda items. PRESENTATIONS AND PROCLAMATIONS: Representatives of the PUSH AMERICA (People Understanding Severe Handicaps) Journey of Hope Travelers group presented information to the City Council on the Journey of Hope program. REQUESTS OF VARIOUS COMMUNITY GROUPSI AGENCIES FOR FUNDING IN 1999- 2000 ANNUAL BUDGET. Representatives from CERT, Clean Community System, JASP, Crisis Center, Family Violence Coalition, Retired Senior Volunteer Program, Senior Citizens Industries, Inc., Capital Heights Swimming Pool, and Central Nebraska Humane Society, Inc. presented budget requests to the City Council for funding in the 1999-2000 Annual Budget. BOARD OF EQUALIZATION: Motion by Samuelson, second by Preisendorf, carried unanimously to adjourn to the Board of Equalization. #99-BE-12 - Determining Benefits for Water Main District #426T, Husker Highway from Regal Drive to Schroeder Avenue. Gary Mader, Utilities 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 Water Main District #426T which was established on January 26, 1998 in order to provide improvements in the form of a 16" trunk line for the southwest area of the City. Motion by Murray, second by Sorensen carried unanimously to approve. Larry Dempsay, 3408 Graham Avenue, questioned whether property owners were required to connect to the Water Main District. Mr. Mader stated that the property owners had the choice of connecting to the Water Main, but were not required to and did not have to pay fees until they connected. #99-BE-13 - Determining Benefits for 1998 Weed Assessment Program. Larry Fox, Assistant Finance Director, reported that each year it was necessary for the City Council to meet as the I I I Page 2, City Council Regular Meeting, July 12, 1999 Board of Equalization to consider a Resolution relative to the Weed Abatement Program, and to determine the benefits and assessments for the mowing of weeds on private property by the City during 1998. Motion by Sorensen, second by Preisendorf, carried unanimously to approve. It should be noted that the Resolutions were numbered incorrectly and have been corrected in the Minutes. RETURN TO REGULAR SESSION: Motion by Samuelson, second by Sorensen, carried unanimously to return to Regular Session. PUBLIC HEARINGS: Public Hearing on Application of The Derenger, Inc., dba EI Rincon Bar, 410 East Fourth Street, for a Class "C" Liquor License. Cindy Johnson, City Clerk, reported that Anastacio Jacobo, 411 East Fourth Street, on behalf of The Derenger, Inc., dba EI Rincon Bar, 410 East Fourth Street, had submitted an application with the City Clerk's Office for a Class "e" Liquor License to provide for the sale of alcohol, on and off sale. Ms. Johnson presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on June 18, 1999; notice to applicant of date, time, and place of hearing mailed on June 28, 1999; notice to the general public of date, time, and place of hearing published on June 30, 1999; departmental reports as required by City Code and Chapter 4 of City Code. Ms. Johnson noted that the recommendation of the City was to forward the application to the Liquor Control Commission with no recommendation based on information provided. Todd Elsbrend, attorney to the applicant, spoke in support of the application. Brian Pielstick, 312 East 7th Street, spoke in opposition to the license. No additional public testimony was heard. Public Hearing on Proposed Amendment to FY 1998-1999 Annual Budget. Larry Fox, Assistant Finance Director, stated that as reported in the City Administrator's Report last month, City Administration had completed a number of amendments to the FY 1998-1999 Annual Budget. It was noted that on September 14, 1998, City Council approved the FY1998- 1999 Annual Budget with Addendum #1 by Ordinance #8403 and that Amendment #1 to this budget had been approved by Resolution #99-58 on February 15, 1999 and that Amendment #2 was being submitted for Council consideration. Mr. Fox explained that Amendment #2 provided $356,000 for Fire and Ambulance equipment, $34,154 for computers for the City Council, $12,000 for Beachler Park Bandstand and $65,269 for Health Insurance premiums and that these were all General Fund expenditures and would be funded by other General Fund accounts and $273,500 would be funded by the Capital Projects Fund. It was noted that appropriations would be transferred from Fund 250 Community Development to Fund 240 Homestead Loans in the amount of $90,000 for new projects and $142,000 to Fund 252 Lincoln View Estates for a new project. Paul Buck, 443 Hall, spoke against the purchase of computers for the elected officials. No additional public testimony was heard. Public Hearing on Land Use Zoning Change for Property Located at 3215 North Highway 281 from a General Business Zone to Heavy Manufacturing Zone. This item was pulled from the agenda at the request of the applicant. I I I Page 3, City Council Regular Meeting, July 12, 1999 Public Hearing on Land Use Zoning Change for Property Located at 211 East Fonner Park Road from Light Business to General Business/Arterial Commercial Zone. Dave Barber, Regional Planning Director, reported that David Larson, owner, and Joel Rodriquez, purchaser, has submitted a request to rezone a parcel of property located at 211 East Fonner Park Road from a Light Business (Bl) Zone to General Business/Arterial Commercial (B2- AC) Zone and that the purpose of the request was to provide for a dance hall. It was noted that the Regional Planning Commission, at their meeting of July 7, 1999, voted unanimously to approve the request citing that the proposed use was consistent with the Comprehensive Land Use Plan. Galen Stehlik, attorney for Dave Larson, spoke on the request. Paul Buck, 443 East Hall, Carolyn Williams, 303 East Nebraska, Marilyn Stout, 1135 South Sycamore, Laura Johnson, 1146 South Vine Street, Sherrill Acton, 427 East Nebraska, Doris Hinson, 2004 North Wheeler, Bernice Stammer, 932 South Sycamore Street, Ray Curtis, 1115 South Eugene, and Mitch Hinson, 2004 North Wheeler, Tina Buck, 419 East Nebraska, and Tim Williams, 303 East Nebraska, spoke in opposition to the request citing concerns with noise, safety, and security. Linda Sheeks, 3008 South Blaine, Mariam Torres, 917 West 4th Street, and Sandra Corona, spoke in support of the request. No additional 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 ordinance numbered: #8491 - Creation of Sanitary Sewer District #491, Roush pt and 2nd Subdivision with Other Land (Indian Acres) 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. Second by Preisendorf. Mayor: Is there anyone in the audience interested in this ordinance? Steve Riehle, Public Works Director, reported that the City Clerk's Office had received a petition with one signature requesting the establishment of a Sanitary Sewer District in Dale Roush Subdivision and Dale Roush 2nd Subdivision and adjacent property and that the costs would be primarily funded through assessments. Julie Luth, 307 North Arapahoe, David White, 325 Arapahoe Avenue, and John Melnick, 108 Arapahoe, spoke in opposition. It was noted that if the District were created, property owners would have 30 days to submit protests in opposition. City Clerk: Ordinance #8491 on its first reading. All those in favor of the passage of this ordinance on its first reading, answer roll call vote. Upon roll call vote, motion was adopted unanimously. City Clerk: Ordinance #8491 on its final passage. All those in favor of the passage of this ordinance on its final passage, answer roll call vote. Upon roll call vote, motion was adopted unanimously. I I I Page 4, City Council Regular Meeting, July 12, 1999 Mayor: By reason of the roll call vote on each reading and then upon final passage, Ordinance #8491 is declared to be lawfully passed and adopted upon publication as required by law. #8492 - Considering Request for Change of Land Use Designation. This item was pulled from the agenda. #8493 - Considering Amendments to Chapter 36 of City Code Relative to Minimum Side Yard Setbacks. This item was pulled from the agenda and rescheduled for the July 26, 1999 City Council Meeting. #8494 - Consideration of Request for Change of Land Use Designation for Property Located at 211 East Fonner Park Road. Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinance numbered #8494 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. Second by Councilmember Samuelson. Mayor: Is there anyone in the audience interested in the ordinance? City Clerk: Upon roll call vote on the motion to suspend the rules, Larson, Pielstick, Whitesides, Lueth, Samuelson and Murray voted aye. Sorensen and Preisendorf voted nay. Motion to suspend the rules failed. Motion by Samuelson, second by Larson to adopt Ordinance #8494 on first reading. Councilmember Preisendorf asked if there would be an opportunity for the applicants to work through issues with the neighbors and reiterated that this was a rezoning issue. Councilmember Lueth questioned what areas on South Locust Street were zoned B2. Mr. Barber responded that the whole South Locust corridor including Texas T Bone, Fonner Park, and Dreisbachs were zoned B2. Councilmember Murray moved to table the request to the next Regular Meeting to allow more time for discussion. Second by Whitesides. Motion to table was adopted unanimously. Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinances numbered: #8395 - Enaction of Ordinance to Assess and Levy a Special Tax #8396 - Enaction of Ordinance Authorizing Vacation of Easement in Conjunction with Lincoln View Estates Subdivision #8397 - Enaction of Ordinance Considering Proposed Amendment to Chapter 32 of City Code Relative to Repealing Requirement for Roll Off Box Permit #8398 - Enaction of Ordinance Approving Amendment to FY 1998-1999 Annual Budget 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 vote on the first reading and then upon final passage. Second by Preisendorf. I I I Page 5, City Council Regular Meeting, July 12, 1999 Mayor: Is there anyone in the audience interested in any of these ordinances? Councilmember Pielstick questioned the Community Development appropriations. Councilmember Lueth asked if funding for the items included in the Budget Amendment was from Reserves. Mr. Fox, Assistant Finance Director, stated that yes, the reserves were being used. City Clerk: Ordinances #8495, #8496, #8497, and #8498 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. City Clerk: Ordinances #8495, #8496, #8497, and #8498 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. Mayor: By reason of the roll call votes on the first reading and then upon final passage, Ordinances #8495, #8496, #8497, and #8498 are declared to be lawfully passed and adopted upon publication as required by law. CONSENT AGENDA: Councilmember Whitesides requested that item G-6 be removed from the Consent Agenda. Councilmember Pielstick requested that item G-11 be removed from the Consent Agenda. Motion by Samuelson, second by Murray, carried unanimously to approve the Consent Agenda with the exclusion of G-6 and G-11. Approving Receipt of Official Documents Including the Minutes of the Civil Service Commission Meetings of April 7, 1999 and May 10, 1999. Approving Minutes of the June 28, 1999 City Council Regular Meeting. Councilmember Lueth abstained from voting. Approving Appointment of Councilmember Murray to Natural Gas Rate Area Committee. Approving Request of Gerald Lothrop, dba Snacks R Us, for Use of Public Streets for Street Vending Business. Approving Preliminary Plat for Grand West Subdivision. It was noted that Third City Christian Church and Steve and Carol Craig had jointly submitted a preliminary plat for Grand West Subdivision, a 50 acre tract of land located north of 13th Street, west of North Road and south of Mansfield Road and that the preliminary plat had been submitted in conjunction with the rezoning request approved last month for the Third City Christian Church. #99-206- Approving Final Plat and Subdivision Agreement for Lincoln View Estates Subdivision. It was noted that the City of Grand Island, Community Development Department, had submitted the final plat for Lincoln View Estates Subdivision, a 1.87 acre tract of land located at the northeast corner of the intersection of 9th Street & Lambert Street and that the purpose of this final plat was to create a total of 9 residential lots on the property to be developed by the Community Development Department. #99-207 - Approving Final Plat and Subdivision Agreement for M & W Subdivision. It was noted that Wenzel Farms, Inc., a Nebraska Corporation, as owner, had submitted the final plat for M & W Subdivision, a .697 acre tract of land located immediately west of Webb Road and I I I Page 6, City Council Regular Meeting, July 12, 1999 lIz mile north of Airport Road and that the purpose of this final plat was to give separate title to an established residence at this site. #99-208 - Approving Final Plat and Subdivision Agreement for Meadowlark Estates Third Subdivision. It was noted that E. Glenn Johnson & Sharon L. Johnson, owners, had submitted the final plat for Meadowlark Estates Third Subdivision, a 3.241 acre tract of land located lh mile south of US Hwy 34 & V2 mile west of Blaine Street to split an existing lot in a Residential Development Zone. #99-209 - Approving Assessments for Water Main District #426T. #99-210 - Awarding Bid for Truck for Water Shop to Parrella Motor's Inc., of Grand Island, Nebraska, in the Amount of $21,925. #99-211 - Awarding Bid for Construction of Beltline Hike/Bike Trail to Galvan Construction of Grand Island, Nebraska, in the Amount of $372,772.60. #99-212 - Awarding Bid for Construction Project Management and Inspection Services for Be1tline Hike/Bike Trail to Olsson Associates of Grand Island, Nebraska, in the Amount of $32,849. #99-213 - Approving Change Order #1 for Street Improvement Program No.1, 1998 in the Amount of $53,652.13, Leaving A Revised Contract Amount of $356,411.70. #99-215 - Approving Traffic Modification on Swift Road from the West Boundary of the Wastewater Treatment Plant East to the End of the Road. Approving Formation of, and Appointments to, Zoo Advisory Board. Motion by Whitesides, second by Pie Is tick to deny the formation of the Zoo Advisory Board and the appointments to the Board. Councilmember Whitesides stated that a Zoo Committee had been formed in May and that the Committee had not completed its responsibilities of making a recommendation to the Council on the future of the zoo. Councilmember Pielstick agreed and stated that the Zoo Committee had not been dissolved. Motion by Preisendorf to table the formation of the Zoo Advisory Board. Motion died for lack of a second. Roll call vote on the motion to deny formation of the Board and appointments to was taken. Upon roll call vote, Whitesides, Lueth, Pielstick and Sorensen voted aye. Larson, Preisendorf, Samuelson and Murray voted nay. Motion failed. Motion by Samuelson, second by Murray to approve the formation and appointments to the Zoo Board. Upon roll call vote, Lueth, Sorensen, Larson, Samuelson, Murray and Preisendorf voted aye. Pielstick and Whitesides voted nay. Motion adopted. #99-214 - Approving Certificate of Final Completion for Street Improvement District #1211, Cherry Street from 14th Street to 15th Street. Steve Riehle, Public Works Director, reported that the Public Works Department had recommended that the Certificate of Final Completion be issued for Street Improvement District #1211, Cherry Street from 14th Street to 15th Street and that the contract had been awarded to The Diamond Engineering Company on June 24, 1998 and the work was substantially complete by June 1999. Councilmember Pielstick questioned the completion of the project inasmuch as one property owner's fence had been torn down and had not been reinstalled. Steve Riehle, Public Works Director, stated he believed the property owners did not want the fence back up but he would instruct the contractor to reinstall the fence. Motion by Samuelson, second by Preisendorf, to approve. I I I Page 7, City Council Regular Meeting, July 12, 1999 Upon roll call vote, Larson, Preisendorf, Whitesides, Lueth, Samuelson, Murray and Sorensen voted aye. Pielstick voted nay. Motion adopted. REQUESTS AND REFERRALS: Consideration of Application for Liquor License for The Derenger, Inc., dba EI Rincon Bar, 410 East Fourth Street. Motion by Lueth, second by Murray, carried unanimously to forward no recommendation on the request to the Liquor Control Commission. Consideration of Request for Liquor Manager Designation. Motion by Lueth, second by Murray, carried unanimously to forward the application of Anastacio Jacobo, 411 East Fourth Street, for a Liquor Manager Designation to the Liquor Control Commission with no recommendation. RESOLUTIONS: #99-216 - Consideration of Intent to Bond Capital Projects. Charlie Cuypers, City Attorney, reported that in order for the City to consider bonding for capital improvements for the South Locust/I-80 Interchange Project and the Wood River Warm Slough Flood Diversion Project, it was necessary for the City Council to adopt a Resolution of Intent to Bond. It was noted that the Resolution of Intent would ensure that bonding was a funding option but would not bind the City to bonding if other financing mechanisms were subsequently chosen. Mr. Cuypers stated that in the event the City decided to pursue bonding for these Projects, a public hearing must be held prior to the issuance of the bonds in accordance with State Statutes. Councilmember Pielstick stated that she understood that these projects were to be funded with cash and if not, would the issue go to a vote of the people. Mr. Cuypers stated that the intent was always to bond the projects. Councilmember Murray questioned if there were savings to the City by paying out of reserves. Mr. Cuypers stated that $7 - $8 million was needed for the South Locust Project and that would draw down the reserves too low. Councilmember Preisendorf stated that the reserves were, in effect, a savings account and that bond interest on was less than 4%. Jerry Poe1s, 4328 West Highway 30, spoke against the South Locust 1-80 Project. Motion by Samuelson, second by Larson, carried unanimously to approve. #99-217 - Approving Change Order #1 for Fire Truck Structure. It was noted that the Fire Department had developed Change Order #1 to the contract for the purchase of a fire truck (engine company) relative to structural changes and that the contract had been awarded to E.D.M. Fire Equipment of Lincoln, Nebraska in April, 1999 in the amount of $1,200.00. Troy Hughes, Fire Department, stated that Change Order #1 provided for the addition of a rear discharge in the amount of $1,200.00, leaving a revised contract amount of $181,191.20. Motion by Sorensen, second by Larson, carried unanimously to approve. PAYMENT OF CLAIMS: Motion by Lueth, second by Whitesides, carried unanimously to approve the claims for the period of June 29, 1999 through July 12, 1999, claim #76918, 78364, 78522, 78548, 78580, 78699, and 79595 through 79993. Councilmember Samuelson abstained from voting on Claim #79899. EXECUTIVE SESSION: Motion by Murray, second by Samuelson, carried unanimously to adjourn to Executive Session at 9:50 p.m. to discuss Labor Union Contract. Councilmember Sorensen did not attend the Executive Session. I I I Page 8, City Council Regular Meeting, July 12, 1999 RETURN TO REGULAR SESSION: Motion by Pielstick, second by Lueth, carried unanimously to Return to Regular Session at 10:45 p.m. ADJOURNMENT: The meeting was adjourned at 10:45 p.m. Respectfully submitted, C~~hns~Jry) City Clerk OFFICIAL PROCEEDINGS I CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION July 19, 1999 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island, Nebraska was held in the Council Chambers of City Hall, 100 East First Street, on July 19, 1999. Notice of the meeting was given in the Grand Island Independent on July 14, 1999. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt and Councilmembers Larson, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Samuelson and Murray. Councilmembers Lueth and Sorensen were absent. The following City Officials were present: City Administrator Marlan Ferguson, City Clerk Cindy Johnson, Finance Director Chuck Haase, City Attorney Charlie Cuypers, and Public Works Director Steve Riehle. I Discussion on Proposed Fees for Solid Waste Division. Marlan Ferguson, City Administrator, reported that this item was on the agenda as follow up to discussion earlier this month on the Fee Schedule. Mr. Ferguson noted that the Solid Waste industry had been changing rapidly and that the Legislature required municipalities to have a way to dispose of solid waste which forced cities and counties to build landfills using revenue bonds and backed by general obligation bonds. Mr. Ferguson stated that in 1995 the Supreme Court ruled that flow control was unconstitutional and that municipalities could not require customers to use their landfills. Steve Riehle, Public Works Director, reported that the Landfill was the only enterprise function in City government that did not have a captive audience. Bruce Jones, Landfill Superintendent, reviewed reports relative to making the change from charging volume based fees to weight based fees. Councilmember Murray questioned why the expenses went up in 1997-1998 while the fees went down. Mr. Jones stated that was primarily due to construction of Cell 2 at the landfill. Councilmember Larson questioned if there was a reason for the inconsistency in the impact of the proposed change as it related to different haulers. Mr. Jones replied that it had to do with the type of customer the haulers served, and the weight per volume. Councilmember Pielstick voiced concern that the change would put smaller companies out of business. It was noted that the Fee Schedule would be included on next week's agenda. I Review of Cost Study and Fees Relative to Provision of Ambulance Service. Charlie Cuypers, City Attorney, presented the Ambulance Cost Study and noted that early in 1999 the Administration had ordered a cost study to be performed on the Fire Department's EMS Division and that the Study had been completed by Shonsey & Associates and focused on costs associated with local and long distance transports, Page 2, City Council Study Session, July 19, 1999 I overhead, and depreciation of vehicles. Mr. Cuypers stated that one of the questions that would be before the Council in the months ahead was to determine what level of paramedic service did we want in Grand Island and if the service should be self- supporting or subsidized and depending on that answer, the fee structure might need to be amended. Terry Galloway and Marcy Luth from Shonsey and Associates reviewed the financial reports and their findings. It was noted that the cost per service call in 1998 had been $21.90 and it was projected to be -$10.07 in 1999. Mr. Galloway stated that with the reduced competition from private ambulance services, the volume of service had increased resulting in greater operating efficiency. Discussion was held on depreciation and capital replacement. Mr. Galloway suggested that the City might want to consider increasing rates 3 % per year in order to keep up with depreciation and that the charge for the annual ambulance subscription might want to be reviewed for a possible increase. Councilmember Seifert questioned why the late bills had not been turned over to collections. Paul Mueller, accounting manager, stated that the total accounts receivable was the bill that was sent out and did not reflect reductions based on allowable amounts due to Medicare or insurance or adjustments that were made to the bill. Councilmember Pielstick suggested that the uncollectibles be written off. Chuck Haase, Finance Director, stated that in the past the City had subsidized the ambulance service and that the Council would need to decide if that subsidy would continue. Mr. Galloway stated that the proposed credit policy would assist in collecting funds. Mr. Mueller reported on the software program that the City had purchased to assist in the processing of ambulance claims and noted that the program would streamline the process, making it more efficient. Mr. Mueller added that the City was contemplating conducting electronic filing with Medicare also. Councilmember Pielstick questioned whether Mr. Galloway was recommending that the reserve ambulances be removed from Stations 3 and 4. Mr. Galloway responded that was not the recommendation but that the Strategic Plan be reviewed as well as costs versus calls. Councilmember Murray requested that information on in-county versus out-of-county service calls be compiled. Councilmember Larson requested information on the Kearney and Hastings rates as well as those of private services. Fire Chief Jim Rowell stated that the cost analysis included a great deal of information and additional discussion was needed, particularly in relation to reserve ambulances as part of the Strategic Plan. Mr. Haase stated that this year's budget contained a subsidy of $375,000 due to anticipated shortage. The Fire Chief added that the Department had requested a full time person to bring the process up to speed and that a part-time person could not do the job. Larry Nelson, Paramedic Supervisor, stated that Grand Island was significantly lower than area communities and that the increase in calls due to the reduction in private competition would require additional people but that the increased fees would pay the costs of the additional staff. Mr. Nelson stated that a report on this issue would be submitted. Mr. Nelson added that the life spans of an ambulance, according to industry standards, was five years and the City's were all significantly older. I I Discussion on Amending Community Connections Program Funding Levels. Councilmember Whitesides reviewed the progress made with the Community Connection Program and recommended that the grant funding available for neighborhood Page 3, City Council Study Session, July 19, 1999 I associations are increased from $1,000 to $3,000 for those organizations who had already successfully completed a project. Cindy Johnson, City Clerk, reported on the funds utilized this budget year and those that were anticipated. The consensus of the Council was to bring the issue forward at the next Council Meeting for consideration. Discussion on Street Vendor Permits and Temporary Food Stand Permits. Charlie Cuypers, City Attorney, reported that it was recommended that the process for street vendor permits be streamlined and that a process be established for the park system. Councilmember Whitesides spoke in support of a dual approval process. Councilmember Larson stated that the Council could review any applications that were denied and the applicants wanted to appeal. It was noted that this issue would be forwarded to the next City Council Meeting agenda for consideration. I Discussion on Parking Ramp Regulations. Councilmember Whitesides reported that he had brought this issue forward in an effort to provide additional parking spaces in the downtown ramp for individuals needing more time than two hours. Mr. Whitesides proposed that the lower level of the parking ramp be made 24 hour parking. Dianne Kelley, Downtown Development Director, reported on the history of the ramp and stated that twenty-four hour parking could be considered but that it might prove to be a hindrance to customers. Councilmember Pielstick suggested that the City consider leasing parking spaces to the County or other governmental entities that were in need. Councilmember Preisendorf spoke in opposition to taking away short time parking for customers. Councilmember Whitesides stated that he did not wish to pursue further action. I Discussion on Installing Sidewalks in the Engleman School Area and Status Report of Public Sidewalk Policy. Councilmember Samuelson introduced the topic and noted that it had been over a year since any serious discussions had taken place relative to moving forward with the installation of sidewalks in the Engleman School area. Mr. Samuelson suggested that the City considering moving forward with requiring sidewalks in a small area and at the same time undertake a comprehensive study to determine the placement of sidewalks throughout the community. Dan Duran, 4260 West Capital, co-chair of the Northwest Neighborhood Association and member of the sidewalk committee, stated that the neighbors and property owners agreed that something needed to be done and that the Association was working on the issue but concerns such as drainage and elevation were difficult to over come. Ken Carmann, 4250 Branding Iron Court, stated that the Association needed some help with finding answers to the questions about drainage and water. Steve Riehle, Public Works Director, stated that the City's Sidewalk Committee had met last week and concurred that design considerations in this area were difficult. Mr. Riehle stated that the Sidewalk Policy, that was adopted in 1997, had been followed and that additional attention needed to be given to item #3 relative to development of a plan and schedule in conjunction with school districts to accommodate pedestrian sidewalks for school traffic and require the installation of sidewalks on school properties adjacent to curb and gutter streets. Mr. Riehle suggested that the Committee look not Page 4, City Council Study Session, July 19, 1999 I only at schools but other high pedestrian areas such as swimming pools, and parks. Councilmember Samuelson spoke in support of an engineering study being undertaken to see where the sidewalks around Engleman would be located. Mr. Riehle stated that the study could be started this fall and completed by spring. Councilmember Seifert asked that the issue be brought to the next Council Meeting for consideration. Councilmember Preisendorf asked that a comprehensive study be completed, focusing on primary areas and high traffic areas. Mr. Riehle stated that the question might be what it would take to do the whole community. Mr. Carmann reminded the Council that trails should also be considered. Adjournment. The meeting was adjourned at 9:25 p.m. Respectfully submitted, E:d~lS i:::~~ff I I I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING July 26, 1999 Pursuant to due call and notice thereof, the City Council of the City of Grand Island, Nebraska conducted a Regular Meeting in the Council Chambers of City Hall, 100 East First Street, on July 26, 1999. Notice of the meeting was given in the Grand Island Independent on July 21, 1999. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Pielstick, Larson, Hosier, Seifert, Preisendorf, Whitesides, Samuelson, Sorensen, and Murray. Councilmember Lueth was absent. The following City Officials were present: City Administrator Marian Ferguson, City Clerk Cindy Johnson, City Attorney Charlie Cuypers, Public Works Director Steve Riehle, and Finance Director Chuck Haase. PLEDGE OF ALLEGIANCE was said, followed by INVOCATION given by Councilmember Samuelson. RESERVE TIME TO SPEAK ON AGENDA ITEMS: Seven individuals reserved time to speak on agenda items. PRESENT A TION AND PROCLAMATIONS: Presentation by Clean Community System. Ms. Betty Curtis, Clean Community System, presented the "Keep Nebraska Beautiful" Deanie Anderson Second Place Award for outstanding Community Environmental efforts for communities with a population of over 10,000. Recognition of Warren Keller, Former City Employee, Author of A Man of the 20th Century Recollections of Warren V. Keller, A Nebraska. Mayor Gnadt and Communications Director Howard Maxon recognized Warren Keller for his Accomplishments as a City Employee and Author. Recognition of Eric Strand for Outstanding Achievements in Basketball at Grand Island Central Catholic and University of Nebraska-Kearney. Mayor Gnadt recognized Eric Strand for his achievements in basketball. PUBLIC HEARINGS: Public Hearing on Request for Change of Land Use Designation. Dave Barber, Regional Planning Director, reported that James and Lynette Kramer, owners, had submitted a request to rezone a parcel of property located at 3215 North Highway 281 from a General Business (B2) Zone to Heavy Manufacturing (M2) Zone and that the purpose of the request was to provide for the establishment of a salvage yard operation. It was noted that the Regional I I I Page 2, City Council Regular Meeting, July 26, 1999 Planning Commission, at their meeting of July 7, 1999, had voted to deny the request because the land use was deemed to be inconsistent with the City's Comprehensive Land Use Plan and constituted spot zoning and because the Heavy Manufacturing Zone would be adjacent to an established residential neighborhood. Jay Judds, attorney representing the applicants, spoke in support of the application. Lewis Kent, 624 East Meves, spoke in support of the application. Mark Young, attorney representing Frank Kramer, Leroy and Arlene Kramer and Tim and Lisa Bartz, spoke against the application and in support of the recommendation by the Regional Planning Commission based on future potential uses and spot zone. Bob Stahla, 3208 Homestead Drive, spoke against the application. No additional public testimony was heard. Public Hearing on Request for Change of Land Use Designation for Property Located at 211 East Fonner Park Road. It was reported that this item had been pulled from the agenda at the request of the applicant. Public Hearing on Proposed Amendment to City Code, Chapter 36, Relative to Minimum Side Yard Setbacks. Dave Barber, Regional Planning Director, reported that the Regional Planning Department had recommended that Chapter 36 of City Code be amended to correct a transcription error contained in Ordinance #8447 which establishes an incorrect side yard setback in the R3 Zone. The amendment would provide for a minimum side yard setback of 5 feet, except a corner lot should have a 10 foot setback adjacent to the side street. No public testimony was heard. Public Hearing on Request for Conditional Use Permit. Craig Lewis, Building Inspections Director, reported that Dan and Renee Boroff, 2504 West 8th Street, had submitted a request with the City Clerk's Office for a Conditional Use Permit to allow for the construction of a detached garage. Dan Boroff, applicant, spoke in support of the application. No additional 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: #8493 - Considering Amendment to City Code, Chapter 36, Relative to Minimum Side Yard Setbacks #8499 - Considering Amendment to City Code, Chapter 32, Relative to Street and Park Vendor Permit Process 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 a,nd then upon final passage. Second by Murray. Motion was adopted unanimously. Mayor: Is there anyone in the audience interested in any of these ordinances? No one spoke. City Clerk: Ordinances #8493 and #8499 on their first readings. All those in favor of the passage of these ordinances on their first reading, answer roll call vote. Upon roll call vote, motion was adopted unanimously. I I I Page 3, City Council Regular Meeting, July 26, 1999 City Clerk: Ordinances #8493 and #8499 on their final passage. All those in favor of the passage of these ordinances on their final passage, answer roll call vote. Upon roll call vote, motion was adopted unanimously. Mayor: By reason of the roll call vote on each reading and then upon final passage, Ordinances #8493 and #8499 are declared to be lawfully passed and adopted upon publication as required by law. #8492 - Consideration of Request for Change of Land Use Designation. Dave Barber, Regional Planning Director, reported that James and Lynette Kramer, owners, had submitted a request to rezone a parcel of property located at 3215 North Highway 281 from a General Business (B2) Zone to Heavy Manufacturing (M2) Zone. Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinance numbered: #8492 - Consideration of Change of Land Use Designation 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. Second by Pielstick. Motion was adopted unanimously. Mayor: Is there anyone in the audience interested in this ordinance? Councilmember Pielstick stated that she had driven by the proposed facility and the property was in good condition. Councilmember Murray stated that although it might not be a big change now the rezoning would allow any heavy manufacturing business to go into that site. Councilmember Murray spoke in support of the recommendation forwarded by the Regional Planning Commission to deny the request. Councilmember Larson questioned if the current salvage yard was grandfathered in and if the right to this type of business would go with the sale if the property were sold. Mr. Barber stated that the change of ownership would not cease the grandfather's clause unless the type of operation was inactive for a period of 12 months. City Clerk: Ordinance #8492 on its first reading. All those in favor of the passage of this ordinance on its first reading, answer roll call vote. Upon roll call vote, Pielstick, Whitesides, and Sorensen voted aye. Larson, Hosier, Seifert, Preisendorf, Samuelson, and Murray voted nay. Motion failed. Motion by Samuelson, second by Murray to deny #8492. Upon roll call vote, Larson, Hosier, Seifert, Preisendorf, Samuelson and Murray voted aye. Pielstick, Whitesides, and Sorensen voted nay. Motion to deny was adopted. #8494 - Consideration for Change of Land Use Designation. This item was pulled from the agenda. CONSENT AGENDA: Motion by Pielstick, second by Samuelson, carried unanimously to adopt the Consent Agenda. I I I Page 4, City Council Regular Meeting, July 26, 1999 Receipt of Official Documents, Including Downtown Improvement Board Meeting Minutes for May 18, 1999, Downtown Improvement Board Meeting Minutes for June 14, 1999, Civil Service Commission Meeting Minutes of June 23, 1999 Zoning Board of Adjustment Meeting Minutes for December 8, 1998, and tort claim filed by Gene Jeffries. Approving Minutes of July 12, 1999 City Council Regular Meeting and July 19, 1999 City Council Study Session. Approving Request of Teresa M. Crisson Wells, dba Sweet T, for Vendor's Permit for Use of Public Street. Approving of Dissolution of Zoo Committee. Ratifying Appointment of Rochelle Kieborz, WIC Program Director, as Interim Health Department Director. Approving Appointments of Dave Soto and Ben Murphy to Community Development Board for a Term of Three Years. Approving Appointments of Chuck Beer and Mike Nolan to Zoning Board of Adjustment for a Term of Three Years. Approving Engineering Study Relative to Sidewalk Installation Throughout Community. #99-218- Approving Budget for Business Improvement District #2 and Setting Date for Board of Equalization. #99-219 - Approving Request for Extension of Sanitary Sewer Interceptor Line. #99-220 - Approving Change Order Relative to Downtown Alley Improvement Project #99- UG-l. #99-221 - Approving Amendment to Community Connections Program. #99-222 - Approving Rescheduling for Board of Equalization Hearing Date for Street Improvement District #1211, Cherry Street from 14th Street to 15th Street. #99-223 - Supporting Application by Grand Island Hall County Convention and Visitors Bureau for Designation of Highway 2 from Grand Island to Thedford as an Official Nebraska Scenic Byway. #99-224 - Supporting Efforts of Grand Island Community Foundation Relative to Pursuing Grand Island as the Site for the Chautauqua 2000 Event. REQUESTS AND REFERRALS: Consideration of Request of John and Sarah Cunningham, 1004 West Division Street, for License Agreement for Relocation of Fence. Steve Riehle, Public Works Director, reported that I I I Page 5, City Council Regular Meeting, July 26, 1999 John and Sarah Cunningham, 1004 West Division, had submitted an application with the City Clerk's Office for a License Agreement to allow for the current wooden privacy fence to be moved east approximately 15' to the edge of the curbed sidewalk. Councilmember Murray questioned whether the fence was on the property line? Mr. Riehle stated that it was 28' away from Division Street and was about five to six feet high. Councilmember Murray stated that in other situations the Council had denied requests or required people to remove fences due to safety considerations. Motion by Seifert, second by Preisendorf to deny the request. Upon roll call vote, Larson, Hosier, Seifert, Preisendorf, Whitesides, Murray, Samuelson and Sorensen voted aye. Pielstick voted nay. Motion to deny was adopted. Approving Request of Dan and Renee Boroff for Conditional Use Permit for Construction of Detached Garage at 2504 West 8th Street. Motion by Sorensen, second by Whitesides to approve. Councilmember Murray confirmed that the elevation information had been received. Motion to approve was adopted unanimously. RESOLUTIONS: #99-225 - Consideration of Adoption of Fee Schedule Relative to Solid Waste Division. Motion by Seifert, second by Samuelson to approve. Public Works Director Steve Riehle reviewed the reasons to change the method for changing fee structure for the landfill. Councilmember Whitesides questioned if it was possible to have two different rates - one for out of county and one for in county Mr. Riehle stated that that was an option that could be considered. Motion by Whitesides, second by Sorensen to table until figures are calculated for impact of two fees. Upon roll call vote, Pielstick, Hosier, Preisendorf, Larson, Whitesides, Murray and Sorensen voted aye. Seifert and Samuelson voted nay. Motion adopted. #99-226- Approving Intent to Require Installation of Sidewalks in Engleman School Area. Councilmember Samuelson stated that he had brought this issue forward as a result of concerns relative to the safety of children traveling to and from Engleman School in an area without sidewalks. Steve Riehle, Public Works Director, reported that at the City Council Study Session of July 19, 1999 discussion was held on the possibility of moving forward with requiring the installation of sidewalks in the Engleman School area and although it was recommended that the City conduct a comprehensive inventory of sidewalk needs throughout the community, there was also interest in moving forward with requiring the installation of sidewalks south of Capital A venue from Engleman Road to Gateway A venue and on the north side of Capital Avenue from Engleman Road to Independence Avenue. Motion by Samuelson, second by Seifert to approve. Councilmember Pielstick voiced concern with moving forward with requiring sidewalks prior to completion of the study and asked who would relocate the sidewalks if it was necessary to do so in conjunction with a street widening project. Mr. Riehle stated that if it were necessary to relocate the sidewalks the costs for sidewalks would not be assessed to the property owners. Dan Doran, 4260 West Capital Avenue, and Nita Simonds, 4341 West Capital Avenue, spoke in opposition to the requirement for sidewalk installation. Lisa Schlueter, 4077 Dack Avenue, spoke in support of the sidewalks. Councilmember Preisendorf stated that the lack of sidewalks was a safety issue. Councilmember Pielstick stated that the Neighborhood Association was working on grants for hike and bike trails. Councilmember Samuelson stated it was not his intent to undermine the efforts of the neighborhood associations but that we were moving forward with a small project. Upon roll call vote, Pielstick, Whitesides, and Sorensen voted nay. Councilmembers Larson, Hosier, Seifert, Preisendorf, Samuelson, and Murray voted aye. Motion adopted. I I I Page 6, City Council Regular Meeting, July 26, 1999 #99-227 - Consideration of Request for Amendment to Subdivision Agreement. This item was withdrawn from the agenda. PAYMENT OF CLAIMS: Motion by Samuelson, second by Whitesides, carried unanimously to approve the Claims for the period of July 13, 1999 through July 26, 1999, claims #79921, #79987, and #79994 through #80525. ADJOURNMENT: The meeting was adjourned at 8:30 p.m. {!;;dullYSUk~ Cindy ~o~ City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL MEETING August 9, 1999 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 Daily Independent on August 4, 1999. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Larson, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Samuelson, Murray and Sorensen. Councilmember Lueth was absent. The following City Officials were present: City Administrator MarIan Ferguson, City Clerk Cindy Johnson, Public Works Director Steve Riehle, Assistant Finance Director Larry Fox and City Attorney Charlie Cuypers. PLEDGE OF ALLEGIANCE was said, followed by INVOCATION given by Councilmember Larson. RESERVE TIME TO SPEAK ON AGENDA ITEMS: No one reserved time to speak on agenda items. PRESENTATIONS AND PROCLAMATIONS: It was noted that the presentation of the 1999-2000 Annual Budget would be held at the end of the meeting. . SOLID WASTE AGENCY: Motion by Samuelson, second by Sorensen, carried unanimously to adjourn to the Solid Waste Agency. Public Hearing on Proposed 1999-2000 Grand Island Solid Waste Annual Budget. Assistant Finance Director Larry Fox reported that an InterIocal Cooperation Act Agreement creating the Grand Island Area Solid Waste Agency between the City of Grand Island and Hall County was approved on August 10, 1992, and that State law required a Public Hearing on the proposed annual budget. Joyce Ummell, 515 South Shady Bend Road, spoke against a change in the fee schedule from volume to tonnage. No additional public testimony was heard. RETURN TO REGULAR SESSION: Motion by Samuelson, second by Pielstick, carried unanimously to return to Regular Session. PUBLIC HEARINGS: Public Hearing on Request of George and MarIa Bartenbach for Change of Land Use Designation for Property Located South of Stolley Park Road and East of Sandy Beach Subdivision. MarIan Ferguson, City Administrator, reported that George D. and MarIa P. Bartenbach, owners, had submitted a request to rezone a parcel of property located I I Page 2, City Council Regular Meeting, August 9, 1999 immediately south of Stolley Park Road and East of Sandy Beach Subdivision from an Agricultural (AG) Zone to Transitional Agriculture (T A) Zone and that the purpose of this request was to allow the subject property to be subdivided into a residential lot. It was noted that the Regional Planning Commission, at their meeting of August 4, 1999, voted unanimously to approve the request. No public testimony was heard. Public Hearing on Request of Filemon Sanchez, dba Panaderia Y Abarrotes Sanchez, 218 South Wheeler Avenue and 304 West Koenig Street, for a Class "C" Liquor License. Cindy Johnson, City Clerk, reported that Filemon Sanchez, dba Panaderia Y Abarrotes Sanchez, 218 South Wheeler A venue and 304 West Koenig Street, had submitted an application with the City Clerk's Office for a Class "C" Liquor License to replace the Class "A" Liquor License presently held at that address. Ms. Johnson offered the following exhibits for the record: Application submitted to the Liquor Control Commission and received by the City on July 16, 1999; Notice to the general public of date, time and place of hearing; Notice to the applicant of date, time, and place of hearing mailed on July 19, 1999; Chapter 4 of City Code and departmental reports as required by Code. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Adjacent to the West Side of Stuhr Road and North of Bismark Road. Bob Smith, Assistant Utilities Director, reported that acquisition of utility easements and right-of-way located adjacent to the west side of Stuhr Road and north of Bismark Road was required in order to construct Water Main District #430T along Stuhr Road and Bismark Road. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located West Side of Stuhr Road and South of the Burdick Power Plant Property. Bob Smith, Assistant Utilities Director, reported that acquisition of utility easements and right-of-way located on the west side of Stuhr Road and south of the Burdick Power Plant property was required in order to construct Water Main District #430T along Stuhr Road. No public testimony was heard. Public Hearing on Acquisition of Property Located in the 1100 Block of West North Front Street. Bob Smith, Assistant Utilities Director, reported that acquisition of property located in the 1100 block of West North Front Street was requested to allow the Utilities Department, Line Division to expand its storage facilities. No public testimony was heard. Public Hearing on Proposed 1999-2000 City Single Budget. Marian Ferguson, City Administrator, reported that State law required a public hearing on the proposed City Single Budget and noted that a preliminary public hearing had been held on May 10, 1999, prior to the development of the budget. 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: #8500 - Consideration of Change of Land Use Designation for Property Located Immediately South of Stolley Park Road and East of Sandy Beach Subdivision from Agriculture to Transitional Agriculture Zone #8501 - Consideration of Vacation of Meadowlark Subdivision I I Page 3, City Council Regular Meeting, August 9, 1999 #8502 - Consideration of Conveyance of Community Development Property at 817 East 7th Street 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. Second by Pielstick. Upon roll call vote, all voted aye. Motion was adopted unanimously. Mayor: Is there anyone in the audience interested in any of these ordinances? No public testimony was heard. City Clerk: Ordinances #8500, #8501 and #8502 on their first reading. All those in favor of the passage of these ordinances on their first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion was adopted unanimously. City Clerk: Ordinances #8500, #8501 and #8502 on their final passage. All those in favor of the passage of these ordinances on their final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion was adopted unanimously. Mayor: By reason of the roll call votes on the first reading and then upon final passage, Ordinances #8500, #8501 and #8502 are declared to be lawfully passed and adopted upon publication as required by law. CONSENT AGENDA: Councilmember Pielstick requested G4 be removed from the Consent Agenda. Councilmember Samuelson requested that G 10 be removed from the Consent Agenda. Mayor Gnadt requested that item G7 be removed from the Consent Agenda. Motion by Pielstick, second by Seifert, carried unanimously to approve the Consent Agenda minus G4, G7, and G10. Approving Minutes of July 26, 1999 City Council Regular Meeting. Approving Appointment of Paul Mueller, Accounting Manager, to Fire Pension Committee for a Term to Expire October 31,2000. Approving Appointment of Paul Mueller, Accounting Manager, and Kerry Cole, Police Department, to Police Pension Committee for a Term to Expire October 31,2000. Approving Request of St. Francis Medical Center, 2620 West Faidley Avenue, for License Agreement for Installation of Underground Pneumatic Tube Between St. Francis Medical Center and Memorial Health Center. #99-228 - Approving Final Plat and Subdivision Agreement for Garland Place Second Subdivision. It was noted that Diane K. Peterson, owner, had submitted the final plat for Garland Place Second Subdivision, a 4.4 acre tract of land located at the northwest corner of the intersection of Stauss Road and North Road to provide for the subdivision of Lot 1 Garland Place Subdivision into two smaller lots, each having an area of approximately 2.2 acres. I I Page 4, City Council Regular Meeting, August 9, 1999 #99-229 - Approving Final Plat and Subdivision Agreement for Sandy Beach Second Subdivision. It was noted that George D. and Marla P. Bartenbach, owners, had submitted the final plat for Sandy Beach Second Subdivision, a 1.447 acre tract of land located south of Stolley Park Road and immediately east of Sandy Beach Subdivision in order to create a residential lot containing 1.447 acres. #99-230 - Awarding Bid for Purchase of Vehicle, Health Department Via State Contract #5176A. #99-231 - Awarding Bid for Purchase of Transfer Trailer, Landfill, to Spector Manufacturing, Inc., Saint Clair, Pennsylvania, In the Amount of $50,855, Without Trade In. #99-233 - Approving Acquisition of Utility Easement Adjacent to the West Side of Stuhr Road and North of Bismark Road. #99-234 - Approving Acquisition of Utility Easement Located West Side of Stuhr Road and South of the Burdick Power Plant Property. #99-235 - Approving Acquisition of Property in the 1100 Block of West North Front Street from Dann and Faith Oberg. #99-237 - Approving Continuation and Construction of Street Improvement District #1218, Juergen Road from Platte Valley Boulevard to Wildwood Drive. #99-238 - Approving Continuation and Construction of Street Improvement District #1224, Allen Drive from Faidley Avenue to 13th Street. #99-239 - Approving Continuation of Water Main District #432, The Village. #99-240 - Approving Conveyance of Community Development Property at 817 East 7th Street. #99-241 - Approving Certificate of Final Completion for Sanitary Sewer District #98-S- 1O,West Basin Interceptor Project. Consideration of Request of Filemon Sanchez, dba Panaderia Y Abarrotes Sanchez, 218 South Wheeler Avenue and 304 West Koenig Street, for Class "C" Liquor License. Cindy Johnson, City Clerk, reported that this item related to the aforementioned Public Hearing. Motion by Murray, second by Samuelson to approve. Councilmember Pielstick suggested that the Council forward no recommendation to the Liquor Control Commission based on the extreme number of police calls to another location owned by the applicant. Upon roll call vote to approve, Seifert, Preisendorf, Samuelson, and Murray voted aye. Larson, Pielstick, Hosier, Whhitesides, and Sorensen voted nay. Motion failed. Motion by Pielstick, second by Sorensen to forward the application to the Liquor Control Commission with no recommendation. Upon roll call vote, motion was adopted unanimously. #99-232 - Supporting Efforts of Council of International Visitors. Cindy Johnson, City Clerk, reported that the International Visitors Program was a professional exchange program administered by the Bureau of Education and Cultural Affairs of the US Information Agency that brings approximately five thousand international leaders in various fields to the United !I . I Page 5, City Council Regular Meeting, August 9, 1999 States each year to meet and exchange ideas with their American counterparts and that the Grand Island Council for International Visitors had worked to increase the numbers of international visitors to central Nebraska in order to educate the leaders on issues such as agriculture, food processing, education and foreign policy. It was noted that City staff had been assisting the Grand Island Council for International Visitors with administrative functions such as issuance of news releases, agendas, welcomes, and presentations, on an informal basis. Doyle Hulme, 2829 Brentwood Boulevard, spoke in support. Motion by Whitesides, second by Seifert, carried unanimously to approve. #99-236 - Approving Request for Parking Modification. Steve Riehle, Public Works Director, reported that Rob Krecklow, on behalf of the Grand Island Independent, had submitted a request for the designation of two 20-minute parking spaces on First Street, just east of Cedar Street and stated that this request was due to the high demand for parking locations in that area and concern that customers may be unable to find a parking location within a reasonable distance. Councilmember Samuelson moved to deny the request based on the number of spaces that appear to be filled by employees a majority of the time on the west side of the facility. Second by Sorensen. Upon roll call vote, Whitesides, Samuelson, Murray and Sorensen voted aye. Pielstick, Larson, Hosier, Seifert, and Preisendorf voted nay. Motion to deny the request failed. Motion by Seifert, second by Preisendorf to approve the request. Upon roll call vote, Larson, Pielstick, Hosier, Seifert, Preisendorf, Murray and Sorensen voted aye. Murray and Samuelson voted nay. Motion to approve the request was adopted. REQUESTS AND REFERRALS: Consideration of Reconsideration of Request of John and Sally Cunningham, 1004 West Division Street, for License Agreement for Placement of Fence in Right of Way. This item was removed from the Agenda at the request of the applicant. Consideration of Request of John and Sally Cunningham, 1004 West Division Street, for License Agreement for Placement of Fence in Right of Way. This item was removed from the agenda at the request of the applicant. Approval of Request of Concept Fiberglass, Inc., 1515 East 4th Street, for License Agreement to Allow for Installation of Electricity Underground to Property at 611 Willow Street. Motion by Seifert, second by Sorensen, carried unanimously to approve. RESOLUTIONS: #99-242 - Approving Amendments to Crane Valley Subdivision Agreement. It was noted that on June 14, 1999, the City Council adopted Resolution #99-165 approving the Subdivision Agreement for Crane Valley Subdivision to allow for a) assessments to the developer for only 50 % of the costs involved in a paving district and providing that the balance of the assessment will be levied against property on the south side of the street; b) construction of sidewalks on the north side of the extension of Faidley Avenue, with the future developer of the south side of the street to be responsible for sidewalks on their side; and c) deletion of the requirement for a temporary cul-de-sac at the end of Faidley Avenue and construction of a temporary cul- de-sac at the end of Concord Avenue using a 5" layer of asphalt surfacing or an 8" layer of I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL SPECIAL STUDY SESSION August 10, 1999 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 Daily Independent on August 4, 1999. Mayor Gnadt called the meeting to order at 5:30 p.m. The following members were present: Mayor Gnadt, Councilmembers Larson, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Samuelson, Murray and Sorensen. Councilmember Lueth was absent. The following City Officials were present: City Administrator Marian Ferguson, City Clerk Cindy Johnson, Public Works Director Steve Riehle, Assistant Finance Director Larry Fox and City Attorney Charlie Cuypers. Mayor Gnadt opened the meeting by reading from a 199 Leadership Tomorrow State of the City report. The report indicated that the City captured $2.09 for every local dollar taken in. Discussion on 1/2 Cent Sales Tax. Marian Ferguson, City Administrator, reviewed Monday's presentation and stated with Council approval he would direct staff to pursue the 1/2 cent sales tax issue and bring back a recommendation this fall. Councilmember Murray stated that he thought an education/information process was necessary on the need for the 1/2 cent sales tax, particularIy for public safety. Mayor Gnadt proposed that a community committee be formed to help bring the issue forward. Councilmember Pielstick warned that some residents believed the sales tax would be for the civic center . Councilmember Preisendorf voiced agreement with Mayor Gnadt and stated that the City had held the line property taxes and had in fact lowered taxes due to the sales tax but that the lid laws would put the City in a difficult position without a new revenue source. Councilmember Murray stated that it was important for the citizens' committee to be broad based and from all aspects of the community. Councilmember Larson stated that sales tax was the most equitable tax and that property tax was a regressive tax and an education committee would help to illustrate the need. Marian Ferguson, City Administrator, reported that a lot of people came to the community and used our resources and that sales tax would playa role in maintaining those services. Economic Development. Mr. Ferguson stated that the proposed budget included $300,000 for economic development and that special projects being proposed by the Economic Development Corporation would be brought to the Council for separate consideration. Councilmember Sorensen voiced concerns with accountability and asked for reporting of the funds being provided. Tim White, chairman of the Economic Development Corporation, stated that the EDC wanted to establish a relationship with the Council to where the Council was presented projects for consideration that would be considered for funding. Mr. White added that the $300,000 was necessary in order for the EDC to move forward with the plans brought to the Council earlier this summer. Councilmember Seifert questioned the benefit to the volunteer board. Mr. White stated that the owners or managers of every business benefited from economic development inasmuch as the overall tax base was increased and jobs were brought I I Page 2, City Council Special Study Session, August 10, 1999 to the community. Councilmember Murray stated that if the funding was appropriated it should be with the understanding that if they have a prospect~ the Corporation should come back and present it to the Council. Councilmember Sorensen reiterated that if there was no sales tax the City won't be able to do anything next year. Mr. White suggested that we look at cities that have implemented incentives under LB840 and also those who have successfully passed sales tax initiatives and require that prospective businesses meet a base line for salaries, number of employees, anticipated growth rate and other factors or no incentives would be available. Public Safety. Marian Ferguson, City Administrator, reported that there were several pending issues within the Fire Department including the ambulance services, fees, equipment and other pieces of the puzzle that need to be put into place. Mr. Ferguson spoke in support of having an outside agency work the Fire Department and their Strategic Plan to develop Long Range Plans that consider available funds, manpower, and equipment. Mr. Ferguson added that it would be desirable to formulate a Comprehensive Plan in order to provide the best services for the citizens. Fire Chief Jim Rowell reviewed the highlights of the budget, including the increased funding for capital equipment and paramedic staffing. Larry Nelson, Paramedic Supervisor, reviewed the proposed ambulance service fees. Councilmember Pielstick questioned the closing of Broadwell Station on several occasions while the units were on long distance transfers. John Mayer, representative of the IAFF, presented the need for a ladder truck and stated that the Fire Department could not do the job without appropriate equipment. Councilmember Seifert questioned Fire Chief Rowell as to the process used for requesting the ladder truck. The Chief stated that he had made a request for the ladder truck but during the budget process the ladder truck was moved back a year to purchase in 2000-2001 due to the cost. Councilmember Preisendorf confirmed that the proposed purchase price of $650,000 included all necessary equipment. Mr. Mayer noted that the Fire Department Committee had recommended a 95-105' aerial truck with an 18-24 month lead time unless a demonstration model was available. Councilmember Seifert moved in support of purchasing a demonstration model if one became available. Councilmember Larson agreed with Councilmember Seifert and questioned in house financing. Assistant Finance Director Larry Fox stated that the funds would be appropriated in the 1999-2000 budget and a reserve fund would be created for the ladder truck. Councilmember Seifert thanked the staff for putting the budget together and noted that inclusion of the aerial truck was a policy decision to be made by the Council. Mr. Seifert added that he was more comfortable with this budget than any other in the last nine years. Police Department. Police Chief Kyle Hetrick spoke on the highlights of the Police Department's budget and reviewed the request for additional personnel due to the receipt of grant funding. Councilmember Pielstick questioned if there was funding included in this year's budget for the Police sub-station at the Burlington Station. Mr. Hetrick stated that there was funding in this year's budget under rent line item. Councilmember Whitesides confirmed the number of police officers being added. Mr. Hetrick stated that there were three positions open now and one coming up due to military leave and that six were requested for next year. The Police Chief stated that he would like to be on the sales tax committee to provide information on the need for the sales tax to fund public safety needs. Councilmember Murray stated that there could be a financial crunch next year to pay for the increased officers. Councilmember Larson spoke in support of use of technology. I I Page 3, City Council Special Study Session, August 10, 1999 Parks and Recreation. Steve Paustian, Parks and Recreation Director, reported that he proposed an increase in golf fees due to increasing costs and that a new family rate structure and single cart rate was also recommended. Councilmember Pielstick requested that the Lincoln Pool have extended hours next season. Mayor Gnadt spoke on the proposal for use of the Southern Building for the Parks and Recreation Department. Councilmember Seifert questioned when George Park would be considered for a pool. Mr. Paustian stated it was in next year's capital plans. Councilmember Murray raised the issue of the increased funding for the zoo. Mr. Paustian stated that the zoo needed to be funded at an appropriate level or not fund at all and that $250,000 was from revenue and that the increase was primarily for maintenance and repairs and salaries. Councilmember Larson stated that the Zoo Advisory Board had had three or four meetings and that the Board agreed that the issue was quality not quantity, not intending to make it bigger and better. Councilmember Larson stated that there were questions relative to the short term placement of the animals, short term and long term goals as to the type of zoo the City would support. Ted George, 2915 West Stolley Park Road, spoke in support of a swimming pool and resurfacing of George Park. Public Works. Steve Riehle, Public Works Director, reviewed the highlights of the Public Works Departments, including the major projects such as construction of South Locust Street/I80 Interchange and the widening of South Locust Street. Discussion was held on the dewatering study and the impact of the wells on the water levels. Councilmember Seifert questioned when sanitary sewer would be available to all City properties. Mr. Riehle reported that efforts were being made but that the City was not 100 % yet. Councilmember Pielstick questioned what the $300,000 in this year's budget for the Northwest Area Streets was being used for. Mr. Riehle stated that there were no definite plans yet but that some improvements were planned for this season. Discussion was held on the proposed long term improvements for the landfill, including the purchase of property to the north of the landfill, overweight surcharge continuation, and closure fees for Phase 1 of the landfill. Councilmember Larson questioned when Phase 1 would close. Bruce Jones, Landfill Superintendent, stated that Phase 1 included components of all three cells and that it could be 17-18 years but that the City was required by the State to set aside funds for the potential closure. Lawrence Levering, 2616 South Engleman, spoke in support of the City retaining the volume rates at the landfill. Mr. Riehle stated that if the landfill rates were lower at the landfill than at the Transfer Station then the Transfer Station would be sitting empty. Councilmember Seifert questioned the benefits of the Transfer Station. Mr. Riehle stated that this would have to be considered but that if the City had it to do over again, they might not assume the responsibility from the County. Discussion was held on grass clippings fees. Councilmember Preisendorf requested an additional explanation of the need to change from yardage to tonnage. It was determined that the differential between in and out of county rates would be eliminated and that the budget would include no change from current volume based fees. Utilities Department. Bob Smith, Assistant Finance Director, reported on the proposed Utilities Budget and noted that the Department had succeeded in providing water mains to all areas of the community. Councilmember Seifert noted that the Grand Island Utilities had been recognized as the 9th lowest for production rates in the country. Other Departments. Marian Ferguson reviewed the outside agency requests. Glenda Mason, 212 East 12th Street, spoke in support of the CERT request and answered questions relative to the function and level of funding requested. Councilmember Samuelson noted that the funding level was higher than what the City had advised other agencies to do. Ms. Mason stated that I I Page 4, City Council Special Study Session, August 10, 1999 this was a one time funding request to get the equipment purchased and that to date over 300 man hours as well as personal dollars had been spent on the program. Councilmember Pielstick confirmed that the biggest cost to the CERT group would be for radios. Councilmember Seifert requested $2,000 for the Dive and Rescue Team. Councilmember Murray spoke on the remodeling costs for the Southern Nebraska Building/Health Department. Charlie Cuypers, City Attorney, reported that $250,000 had been provided for remodeling in the Health Department budget and $200,000 in the Parks and Recreation budget inasmuch as the Parks Department would be relocating in the back of the building. Mr. Cuypers added that with the Parks Department locating in the new building, the old Parks building would be available for use by the Public Works Department thereby eliminating the need for construction of a new facility for Public Works use. Mr. Cuypers stated that the City intended to move forward with the plans for consolidation of the Regional Planning, Community Development, and Downtown Development Departments and that the departure of the Regional Planning Director illustrated the need for additional depth. Councilmember Murray questioned whether there was appropriation for funding for the Shoemaker Hike and Bike Trail. Mr. Paustian stated that there was funding included. Councilmember Seifert requested that $300,000 be appropriated for the Northwest Area Streets. Steve Riehle, Public Works Director, reiterated the need for an update to the Comprehensive Land Use and Transportation Plan. Mayor Gnadt spoke on the need to include funding for the Comprehensive Master Facilities Plan. Assistant Finance Director Larry Fox reviewed the proposed changes, including $300,000 for Northwest Area Street, $650,000 for aerial truck, $65,000 for the Comprehensive Master Facilities Plan; $5,000 for CERT; $2,000 for Dive and Rescue Team and $500 for International Visitors Council. It was the consensus of the Council that the budget had been reviewed sufficiently and that additional budget work sessions scheduled for Wednesday and Thursday were not necessary. A special Meeting was scheduled for Monday, August 16, 1999 for consideration of the budget. Adjournment. The meeting was adjourned at 11:10 p.m. Respectfully submitted, (};,1 d0yJ: ~Ji fI ~ Cindy K. 6'oh~soh'~ City Clerk I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL SPECIAL MEETING August 16, 1999 Pursuant to due call and notice thereof, a Special 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 August 12, 1999. Mayor Gnadt called the meeting to order at 6:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Pielstick, Larson, Hosier, Seifert, Preisendorf, Whitesides, Lueth, Samuelson and Sorensen. Councilmember Murray was absent. The following City Officials were present: City Administrator MarIan Ferguson, City Clerk Cindy Johnson, and Assistant Finance Director Larry Fox. RESOLUTIONS: #99-244 - Amending User Fee Schedule Relative to Golf Fees. Steve Paustian, Parks and Recreation Director, recommended that the fees be modified to reflect increased operating costs and the desire to continue to improve the golf course while maintaining a self supporting operation. Motion by Sorensen, second by Seifert, carried unanimously to approve. #99-245 - Amending User Fee Schedule Relative to Ambulance Services. Larry Nelson, Paramedics Supervisor, recommended that the ambulance service fees be modified to more closely reflect the cost of providing services. Motion by Sorensen, second by Seifert, carried unanimously to approve. #99-246 - Amending User Fee Schedule Relative to Solid Waste Fees. Steve Riehle, Public Works Director, reported that following the extensive Council discussion, it was recommended that the fee schedule remain on a volume basis but that the in-county/out-county fee be identical and that a 2% overall fee increase be approved. Motion by Sorensen, second by Seifert, carried unanimously to approve. #99-247 - Approving Agreement with Dahlen, Berg & Company Relative to Northwestern Public Service Gas Rate Increase Application Review. MarIan Ferguson, City Administrator, reported that as a result of the filing by Northwestern Public Service Company for increased natural gas rates for a number of area communities, a committee was formed to review the proposed increase and that the committee recommended hiring the consulting firm of Dahlen, Berg & Company to review the proposed settlement with Northwestern Public Service Company and participate in negotiations. Mr. Ferguson noted that the City's portion of the fee was based on the 1998 populations and that the approximate savings for the four communities involved would exceed $60,000. Motion by Sorensen, second by Preisendorf, carried unanimously to approve. I I Page 2, City Council Special Meeting, August 16, 1999 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: #8503 - Consideration of FY 1999-2000 Annual Single City Budget, The Annual Appropriations Bill, Including Addendum # 1 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 its final passage and call for a roll call vote one each reading and final passage. Second by Seifert. Roll call vote was taken on motion to suspend the rules. Upon roll call vote, Larson, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Samuelson and Sorensen voted aye. Lueth voted nay. Motion adopted. Mayor: Is there anyone who would like to speak on the Ordinance? Councilmember Sorensen stated that the City would be in for a rude awakening a few years down the road due to the lid laws and that he had concerns with the funding for the zoo based on input he had received from citizens. Councilmember Seifert requested that the City Administrator review the appropriation process. City Administrator Ferguson stated that the Zoo Advisory Board was in the process of identifying infrastructure needs at the zoo, including repair and maintenance and that the proposed budget was only an estimate based on the information available at this time. Mayor Gnadt stated that future plans for the zoo would be brought before the Council for discussion and approval. Councilmember Larson, chairman of the Zoo Advisory Board, stated that even if the issue were brought before the electorate on the ballot as suggested by Councilmember Sorensen, there was not yet an indication of what would even be voted on. Councilmember Larson added that the Zoo Advisory Board needed to design a plan and bring it back to the Council but that at this time there were no real cost estimates for any plan, even for closing the zoo. Clerk: Ordinance #8503 on its first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Larson, Hosier, Seifert, Preisendorf, Whitesides, Samuelson and Sorensen voted aye. Lueth and Pielstick voted nay. Motion adopted. Clerk: Ordinance #8503 on its final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, Larson, Hosier, Seifert, Preisendorf, Whitesides, Samuelson and Sorensen voted aye. Lueth and Pielstick voted nay. Motion adopted. Mayor: By reason of the roll call votes on each reading and then upon final passage, Ordinance #8503 is declared to be lawfully passed and adopted upon publication as required by law. I I Page 3, City Council Special Meeting, August 16, 1999 ADJOURN TO SOLID WASTE AGENCY: Motion by Samuelson, second by Seifert, carried unanimously to adjourn to the Solid Waste Agency at 6:18 p.m. It was noted that the Chair of the County Board, Bud Jeffries, was also present, as a non-voting member of the Agency. #99-SWA-2 - Adoption of FY 1999-2000 Annual Budget for Grand Island Area Solid Waste Agency. Motion by Samuelson, second by Preisendorf, carried unanimously to adopt the Proposed Budget for the Agency. RETURN TO REGULAR SESSION: Motion by Samuelson, second by Whitesides, carried unanimously to return to Regular Session. ADJOURNMENT: The meeting was adjourned at 6:20 p.m. Respectfully submitted, &lldj/X (jolt f? ( t'~ Cindy K. J6hnson City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING August 23, 1999 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 August 18, 1999. Council President Larry Seifert called the meeting to order at 7:00 p.m. in Mayor Gnadt's absence. The following members were present: Council President Seifert, Councilmembers Larson, Pielstick, Hosier, Preisendorf, Lueth, Murray, Samuelson and Sorensen. Councilmember Whitesides was absent. The following City Officials were present: City Administrator MarIan Ferguson, City Clerk Cindy Johnson, Public Works Director Steve Riehle and Finance Director Chuck Haase. PLEDGE OF ALLEGIANCE was said, followed by INVOCATION given by Councilmember Murray. RESERVE TIME TO SPEAK ON AGENDA ITEMS: One individual reserved time to speak on agenda items. PRESENTATIONS AND PROCLAMATIONS: Bernie Shum presented the City with a plaque commemorating the USS Nebraska. Cindy Johnson, City Clerk, reported that the Mayor had proclaimed September, 1999 as Nebraska goes back to School Month. ADJOURN TO BOARD OF EQUALIZATION: Motion by Samuelson, second by Sorensen, carried unanimously to adjourn to the Board of Equalization. #99-BE-14 - Determining Benefits for Street Improvement District #1211, Cherry Street from 14th Street to 15th Street. Jerenne Garroutte, Community Development 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 #1211. Mrs. Garroutte reported that this District had been established on October 12, 1998 in order to provide improvements in the form of street paving and that the Community Development Department had provided assistance to property owners in this District. Mrs. Garroutte stated that at this stage, it was appropriate for the City Council to sit as a Board of Equalization to determine the benefits and assessments for the project, followed by an Ordinance establishing the connection fees which was also contained in this meeting agenda. Motion by Pielstick, second by Preisendorf, carried unanimously to approve. #99-BE-15 - Determining Benefits for Business Improvement District #2. Dianne Kelley, Downtown Development 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 Business Improvement District #2 and that District #2 had been established on January 25, I I I Page 2, City Council Regular Meeting, August 23, 1999 1999 in order to provide public improvements, development of public activities and promotions, and the administration of all activities authorized in Ordinance #8402. Motion by Larson, second by Preisendorf to approve. Councilmember Pielstick questioned the values and assessments of properties included in the District. Dianne Kelley, Downtown Development Director, reported that the properties were set by the County Board of Equalization and that no explanations were requested or given for the assessment process but that newer properties would probably be assessed higher. RETURN TO REGULAR SESSION: Motion by Lueth, second by Sorensen, carried unanimously to approve. PUBLIC HEARINGS: Public Hearing on Acquisition of Utility Easement and Right-of-Way Located at 9th and Lambert Street. Jerenne Garroutte, Community Development Director, reported that acquisition of utility easements and right-of-way located at 9th and Lambert Street was required in order to provide for the sanitary sewer for the Lincoln View Estate Subdivision and that the owners had agreed to donate a 16' wide easement to the City for the development of the 1.9 acre tract located just north of Lincoln School. No public testimony was heard. Public Hearing on Request of George Sinner, 507 North Sherman Street, for Conditional Use Permit for Construction of Garage. Craig Lewis, Building Inspections Director, reported that George Sinner, 507 North Sherman Street, had submitted a request with the City Clerk's Office for a Conditional Use Permit to allow for the construction of a 22' x 28' garage addition. Mr. Lewis stated that City Code required Council approval for Conditional Use Permits if the total footage used for a garage was over 24% of the size of the lot. 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: #8504 - Consideration of Downtown Business and Improvement District #2 Assessments #8505 - Consideration of Setting Assessments for Street Improvement District #1211, Cherry Street from 14th Street to 15th Street. #8506 - Consideration of Creation of Sidewalk District #1, 1999, North Side of Stolley Park Road from St. Joseph Railroad to Harrison Street. #8507 - Consideration of Vacation of Easement for Park Island/Crane Valley Subdivision #8508 - Consideration of Amendment to City Code, Chapter 3, Relative to Alarm System Fees #8509 - Consideration of Amendment to City Code, Chapter 4, Relative to Liquor License Fees #8510 - Consideration of Amendment to City Code, Chapter 6, Relative to Bicycle Fees #8511 - Consideration of Amendment to City Code, Chapter 10, Relative to Cemetery Fees I I I Page 3, City Council Regular Meeting, August 23, 1999 #8512 - Consideration of Amendment to City Code, Chapter 16, Relative to Fire Department Fees #8513 - Consideration of Amendment to City Code, Chapter 17 Relative to Construction and Demolition Waste Fees #8514 - Consideration of Amendment to City Code, Chapter 21, Relative to Mobile Home Park Fees #8515 - Consideration of Amendment to City Code, Chapter 23, Relative to Solicitor's Occupation Tax #8516 - Consideration of Amendment to City Code, Chapter 25, Relative to Pawnbroker Fees #8517 - Consideration of Amendment to City Code, Chapter 26, Relative to Plumbing Fees #8518 - Consideration of Amendment to City Code, Chapter 30, Relative to Sewer User Fees #8519 - Consideration of Amendment to City Code, Chapter 31, Relative to Building Department Fees #8520 - Consideration of Amendment to City Code, Chapter 34, Relative to Public Works Fees CONSENT AGENDA: Councilmember Pielstick requested that items G-2 and G-8c be removed from the Consent Agenda. Councilmember Lueth stated she would be abstaining on G-la, b, and c. Councilmember Lueth questioned the actual bid award versus engineer's estimate on downtown lighting project. Motion by Pielstick, second by Lueth, carried unanimously to approve the Consent Agenda minus G-2 and G-8c. Approving Minutes of August 9, 1999 City Council Special Meeting, August 9, 1999 City Council Regular Meeting, August 10, 1999 City Council Special Study Session and August 16, 1999 City Council Special Meeting. Councilmember Lueth abstained from voting on the minutes of the August 9 and August 10, 1999. Approving Appointments of John O'Meara, Donald Skeen and Steve Grubbs to Building Code Advisory Board for a Term to Expire August 1, 2001. Approving Request of Jason D. Keeshan for Liquor Manager Designation for Desert Rose/Backroom, 3235 South Locust Street. #99-248 - Approving Resolution of Intent to Dissolve Business Improvement District #1 and Setting Date for Board of Equalization, and Dissolving Business Improvement District #1 Board. #99-249 - Approving Final Allocation Levy for Community Redevelopment Authority of $367,384 or 2.463~ per $100 Assessed Valuation Which Was Below the Limit of 2.6~ Established by State Statutes. #99-250 - Approving Acquisition of Utility Easement at 9th and Lambert Street to Provide for Sanitary Sewer for the Lincoln View Estate Subdivision. I I I Page 4, City Council Regular Meeting, August 23, 1999 #99-251 - Awarding Bid for Pier Lake Renovation, Parks Department, to Judds Brothers Construction, Lincoln, Nebraska, in the Amount of $315,020. #99-252 - Awarding Bid for 99-UG-2 Downtown Lighting Phase 1 to Diamond Engineering Company, Grand Island, Nebraska, in the Amount of $38,838.78. Councilmember Lueth questioned whether the low bid might result in Change Orders. Dianne Kelley, Downtown Development Director, stated that change orders were not anticipated and that the low bid was a result of the current work already being done in the area by the contractor. #99-254 - Approving Continuation and Construction of Sanitary Sewer District #490, The Village. #99-255 - Repealing Sanitary Sewer District #491, Dale Roush pI and 2nd Subdivision (Indian Acres) . #99-256 - Amending Professional Service Agreement Relative to HIDT A Program. #99-257 - Approving Labor Union Contract with International Association of Firefighters (IAFF) Relative to Elimination of Residency Requirement. #99-258 - Approving Amendment to Personnel Rules Relative to Elimination of Residency Requirement. Approving Request of George Sinner, 507 North Sherman Street, for a Conditional Use Permit for Construction of a 22' x 28' Garage. Motion by Pielstick, second by Samuelson to deny the request for a Conditional Use Permit. Councilmember Pielstick voiced concerns with traffic and noise in a residential area. George Sinner, 507 North Sherman, spoke in support of the request and stated that the business would not generate additional traffic or excessive noise after hours and that it was not a for profit business, but rather a hobby. Discussion was held on the process for getting the vehicles into the garage. Mr. Sinner stated that it would be through the existing garage. Craig Lewis, Building Inspections Director, stated that there was a concern on staff's part relative to use of the garage for business purposes which would be in violation of the zoning regulations but that the issue before the Council was a request for a Conditional Use Permit for construction of a garage that was larger than the footage allowed under current code and that concerns with usage would be addressed under the zoning ordinances. Councilmember Larson asked if there was assurance that the garage would be the same height as the existing facility. Mr. Lewis stated that the recommendation would be that any approval be contingent upon the new facility being the same height. Councilmember Lueth reiterated the recourse the City would have if there were complaints relative to noise or traffic. Mr. Lewis stated that if the use violated other ordinances the violations would be addressed under other City Codes. Upon roll call vote to deny, Councilmember Pielstick voted aye. Councilmembers Larson, Hosier, Lueth, Preisendorf, Seifert, Samuelson, Murray and Sorensen voted nay. Motion failed. Motion by Preisendorf, second by Larson to approve the request. Upon roll call vote, Larson, Hosier, Lueth, Preisendorf, Seifert, Sorensen, Samuelson and Murray voted aye. Pielstick voted nay. Motion adopted. #99-253 - Consideration of Awarding Bid for Backhoe Loader to Murphy Tractor and Equipment Company, Grand Island, Nebraska, in the Amount of $68,158 After Trade-In. I I I Page 5, City Council Regular Meeting, August 23, 1999 Gary Mader, Utilities Director, reported that the Utilities Department had submitted a request for awarding a bid for a heavy duty industrial tractor with backhoe loader and that six bids had been received, ranging from $60,049 to $83,125.88, after trade-in. Mr. Mader noted that the low bid meeting specifications had been submitted by Murphy Tractor and Equipment Company, Grand Island, Nebraska in the amount of $68,158, after trade-in. Councilmember Pielstick moved to reject the bid award to Murphy. Second by Lueth. Pete Morgan, 3rd City New Holland, stated that the company had submitted a bid that exceeded the bid specifications and also one that had not quite met the specifications but that could handle the job. Councilmember Lueth questioned the difference between the deluxe model and the standard model. Councilmember Samuelson questioned if the trade in model was used to develop specifications for the new purchase. Mr. Mader stated that the specifications were drawn up to trade in the existing unit for a total price but that the existing unit was not used as the basis for the new specifications. Mr. Mader recommended that if the Council wanted the Department to utilize a smaller unit, all bids should be thrown out and the unit rebid with new specifications in order to ensure that all bidders had the opportunity to bid on the smaller unit. Councilmember Preisendorf stated that the staff's job was to make a recommendation and questioned if the larger unit was worth the $8,000 difference in price. Roll call vote was taken on the motion to reject the bids. Upon roll call vote, Seifert, Larson, Pielstick and Lueth voted aye. Samuelson, Murray, Preisendorf, and Hosier voted nay. Sorensen abstained. Motion failed. Motion by Sorensen, second by Pielstick to table bid award to the next Study Session. Upon roll call vote, Larson, Pielstick, Hosier, Seifert, Preisendorf, Lueth, Sorensen and Murray voted aye. Samuelson voted nay. Motion adopted. RESOLUTIONS: #99-259 - Approving Amendment to 1998-1999 User Fee Schedule and 1999-2000 User Fee Schedule Realative to Fee for Vacation of Easements. The Legal Department reported that historically, the City had not charged for the vacation of easements, streets or alleys unless there were unusual circumstances relative to the transfer of deed. It was noted, however, that a local abstract company had recognized an issue with vacation of rights of way in conjunction with replatting of property and was now requesting that the City pass and record ordinances in almost all instances that involved the vacation of public rights of way. Charlie Cuypers, City Attorney, noted in a memorandum to the Council, that because there were publication and recording fees associated with the vacation of public rights of way, it was proposed that a fee of $75 be implemented to provide for costs associated with the vacation. Councilmember Lueth questioned whether the fee would be paid by the abstract company or the applicant. Dale Shotkoski, Assistant City Attorney, noted that the fee would be paid by the applicant at the time of request. Motion by Samuelson, second by Preisendorf, carried unanimously to approve. PAYMENT OF CLAIMS: Chuck Haase, Finance Director, reported that claims #81114 and #81630 to League of Nebraska Municipalities and Dramatic Publishing, be pulled from the schedule of bills payable. Motion by Lueth, second by Sorensen, carried unanimously to approve the Claims for the period of August 9, 1999 through August 23, 1999, claims #80385 and #81074 through #81690 minus #81114 and #81630 for a revised claim amount of $2,554,601.47. EXECUTIVE SESSION: Motion by Preisendorf, second by Samuelson, carried unanimously to adjourn to Executive Session at 8:10 to discuss labor union negotiations (FOP). I I I Page 6, City Council Regular Meeting, August 23, 1999 RETURN TO REGULAR SESSION: Motion by Sorensen, second by Preisendorf, carried unanimously to return to Regular Session at 9:05 p.m. ADJOURNMENT: The meeting was adjourned at 9:05 p.m. Riipectfully ~ours, . " i lJUtfl(l) A ~d< ~ h fll!1h Cindy ~ '~ns1ir City Clerk I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING September 13, 1999 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 September 9, 1999. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Larson, Pielstick, Hosier, Seifert, Whitesides, Preisendorf, Lueth, Murray, Samuelson and Sorensen. The following City Officials were present: City Administrator MarIan Ferguson, City Clerk Cindy Johnson, Public Works Director Steve Riehle, City Attorney Charlie Cuypers, and Finance Director Chuck Haase. RESERVE TIME TO SPEAK ON AGENDA ITEMS: No one reserved time to speak on agenda items. PLEDGE OF ALLEGIANCE was said, followed by presentation by Jenny Sorahan and Heather Rempe on It's About Kids! Asset Building. PRESENTATIONS AND PROCLAMATIONS: Chase Daily, Eagle Scout, presented information on the Eagle Scout Project he was working on in conjunction with the City Utilities and Public Works Departments. Recognition of Solid Waste Division Employees for Accomplishments in National Solid Waste Association North America Road-E-O Competition. Mayor Gnadt presented certificates of accomplishment to Bill Bartunek and Lou Schipman, Solid Waste Division employees, for their performance in the National Solid Waste Association North American Road-E-O. September IS-October IS, 1999 Hispanic Heritage Month. Yolanda Nuncio and students from Walnut Middle School, English as a Second Language Class, presented the proclamation for Hispanic Heritage Month. Cindy Johnson, Public Information Director, reported that Mayor Gnadt had proclaimed September 12-18, 1999 National Assisted Living Week, and September, 1999 as National Alcohol and Drug Addiction Recovery Month. PUBLIC HEARINGS: Public Hearing on Intent to Dissolve Business Improvement District #1. Dianne Kelley, Downtown Development Director, reported that as discussed at the August 23, 1999 City Council Meeting, City staff recommended the dissolution of Business Improvement District #1. In 1998 the Supreme Court of Nebraska rules that the establishment process of a business I I I Page 2, City Council Regular Meeting, September 13, 1999 improvement district in Hastings was improper. It was noted that subsequently, the Downtown Business Improvement Board recommended that the City of Grand Island create a new Business Improvement District for Downtown inasmuch as Business Improvement District #1 had been created in 1984 in a fashion similar to Hastings and that in January, 1999 Business Improvement District #2 had been created, with the same general boundaries and activities of Business Improvement District #1. No public testimony was heard. Public Hearing on Acquisition of Utility Easement North of Capital Avenue and West of Carleton A venue. Gary Mader , Utilities Director, reported that acquisition of a utility easement and right-of-way located on Lot 12, Bosselman 2nd Subdivision at the northwest corner of Capital Avenue and Carleton Avenue was required in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers and that the easement would be used to locate primary underground wires and a transformer to serve the new Dairy Queen. No public testimony was heard. Public Hearing on Acquisition of Utility Easement North of Capital Avenue and West of Carleton A venue. Gary Mader, Utilities Director, reported that acquisition of a utility easement and right-of-way located on Lot 13, Bosselman 2nd Subdivision at the northwest corner of Capital Avenue and Carleton Avenue was required in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers and that the easement would be used to locate primary underground wires and a transformer to serve the new Dairy Queen. No public testimony was heard. Public Hearing on Acquisition of Utility Easement South of Stolley Park Road Between Stuhr Road and Shady Bend Road. Gary Mader, Utilities Director, reported that acquisition of utility easements and right-of-way located through a part of the north half of the northeast quarter of Section Twenty-six (26), Township Eleven (11), Range Nine (9) west of the 6th P.M. (2703 East Stolley Park Road) was required in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers and that this easement would allow the installation of underground primary wires and a transformer to serve the farm which has been subdivided. No public testimony was heard. Public Hearing on Acquisition of Utility Easement to the West of Gunbarrel Road and North of the Burlington Northern, Santa Fe Railroad Tracks. Gary Mader, Utilities Director, reported that acquisition of utility easements and right-of-way located through a part of Lot Three (3), Paradise Lake Estates 2nd Subdivision west of Gunbarrel and south of Deva Drive was required in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers and that this easement would allow the installation of underground primary wires and a transformer to serve the property which had been subdivided. No public testimony was heard. Public Hearing on Acquisition of Utility Easement to the West of Gunbarrel Road and North of the Burlington Northern, Santa Fe Railroad Tracks. Gary Mader, Utilities Director, reported that acquisition of utility easements and right-of-way located through a part of Lot Two (2), Paradise Lake Estates 2nd Subdivision was necessary in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers and that this easement would allow the installation of underground primary wires and a transformer to serve the property which had been subdivided. No public testimony was heard. I I I Page 3, City Council Regular Meeting, September 13, 1999 Public Hearing on Acquisition of Utility Easement to the West of the City of Grand Island Hike/Bike Trail Right of Way and Plum Street and South of Groff Street. Gary Mader, Utilities Director, reported that acquisition of utility easements and right-of-way located through a part of Lot Fourteen (14), Block One (1), Koehler Place Subdivision was required in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers and that this easement would be used to extend down guys on a three- phase overhead power line to allow clearance over an alley next to the new hiker/biker trail. No public testimony was heard. Public Hearing on Request of ThermoRetec on Behalf of Union Pacific Railroad, for Conditional Use Permit for Installation of Shed at 1219 Ih West North Front Street. Craig Lewis, Building Inspection Director, reported that James Colbert, ThermoRetec on behalf of Union Pacific Railroad, had submitted a request with the City Clerk's Office for a Conditional Use Permit to allow for the installation of 10' x 12' skid mounted shed with electrical service at 12191;2 West North Front Street. It was noted that this shed would be used to house equipment during a railroad remediation pilot test and that the request was for a period of two years. No public testimony was heard. Public Hearing on Request of E.C.W. Corporation, dba The Sundowner, 3234 Schimmer Drive, for a Class "C" Liquor License. Cindy Johnson, City Clerk, reported that Eulen Whitten, owner of E.C.W. Corporation, dba The Sundowner, 3234 Schimmer Drive, had submitted an application with the City Clerk's Office for a Class "C" Liquor License that was required due to the City's recent annexation of this property. Ms. Johnson submitted the following exhibits for the record: Liquor License application submitted to the Liquor Control Commission and received by the City on September 1, 1999; notice to applicant of date, time and place of hearing mailed on September 2, 1999; notice to general public of date, time, and place of hearing published on September 3, 1999; Chapter 4 of City Code. It was noted that several departmental reports had not yet been filed. No public testimony was heard. Public Hearing on Request of Filemon Sanchez, dba La Movida Bar and Grill, 316 East 2nd Street, for Addition/Reconstruction to Existing Liquor License Premises. Cindy Johnson, City Clerk, reported that Filemon Sanchez dba La Movida Bar and Grill, 316 East 2nd Street, had submitted an application with the City Clerk's Office for an Addition to Premises Liquor License, in conjunction with the Class "C" and Class "K" Liquor Licenses presently held at this location. It was noted that the request consisted of an addition/reconstruction to their premises to include first floor area approximately 59' x 69', excluding the apartment to the northeast. Ms. Johnson offered the following exhibits for the record: Liquor License application submitted to the Liquor Control Commission and received by the City on September 1, 1999; notice to the general public of date, time and place of hearing published on September 3, 1999, notice to the applicant of date, time and place of hearing mailed on September 2, 1999; Chapter 4 of City Code. It was noted that several departmental reports had not yet been filed inasmuch as arrangements had not been made for inspections. No public testimony was heard. Public Hearing on General Property, Parking District #2 and Community Redevelopment Authority Tax Request. MarIan Ferguson, City Administrator, reported that a Public Hearing was required to set the property tax requests as proposed and amended by Council budget work sessions and that the City Budget, as amended by Addendum #1, provided municipal services from October 1, 1999 to September 30, 2000 where the required property tax request I I I Page 4, City Council Regular Meeting, September 13, 1999 to support the amended budget is $5,521,895. Mr. Ferguson added that this also established the Parking District #2 (Parking Ramp) property tax request of $36,939 and the Community Redevelopment Authority tax request of $367,384 which Council approved the CRA's preliminary levy by Resolution #99-249 on August 23, 1999. It was noted that setting the property tax levy required a Public Hearing under Nebraska law. No public testimony was heard. Public Hearing on Setting Occupation Tax for Downtown Improvement and Parking District #1. Dianne Kelley, Downtown Development Director, reported that this Public Hearing was relative to establishing the occupation tax for Downtown Improvement and Parking District #1 and that the proposed occupation tax for FY 1999-2000 was $00.1048 per square foot of public use area with a minimum fee of $86.15 annually. Ms. Kelley reported that these fees represented a $756 increase in the total revenue collected in FY 1999-2000. 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: #8521 - Dissolution of Business Improvement District #1 #8522 - Amendment to City Code, Chapter 13 Relative to Occupation Tax for Downtown Improvement and Parking District #1 and Downtown Fees #8523 - Repealing Chapter 7 of City Code Relative to Bingo Taxes #8524 - Amending Chapter 5 of City Code Relative to Animal Fees #8525 - Amending Chapter 8 of City Code Relative to Building Department Fees #8526 - Amending Chapter 15 of City Code Relative to Electrical Fees #8527 - Amending Chapter 18 of City Code Relative to Gas Fitter Contractors Fees #8528- Amending Chapter 22 of City Code Relative to Handicap Parking Permit Fees #8529 - Amending Chapter 29 of City Code Relative to Health Department Fees #8530 - Amending Chapter 32 of City Code Relative to Street and Sidewalk Fees #8531 - Amending Chapter 35 of City Code Relative to Water Fees #8532 - Approving Vacation of Easement in Conjunction with Runza Subdivision be considered for passage on the same day upon reading 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 final passage. Second by Samuelson. Upon roll call vote, all voted aye. Motion was adopted unanimously. Mayor: Is anyone in the audience interested in any of these ordinances? There was no comment. Clerk: Ordinances #8521, #8522, #8523, #8524, #8525, #8526, #8527, #8528, #8529, #8530, #8531, and #8532 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. Clerk: Ordinances #8521, #8522, #8523, #8524, #8525, #8526, #8527, #8528, #8529, #8530, #8531, and #8532 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. I I I Page 5, City Council Regular Meeting, September 13, 1999 Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinances numbered #8521, #8522, #8523, #8524, #8525, #8526, #8527, #8528, #8529, #8530, #8531, and #8532 are declared to be lawfully passed and adopted upon publication as required by law. CONSENT AGENDA: Motion by Pielstick, second by Seifert, carried unanimously to approve the Consent Agenda in its entirety. Receipt of Official Documents Including Civil Service Commission Minutes of July 6, 1999, Zoning Board of Adjustment Minutes of July 13, 1999 and Garbage and Refuse Haulers Permits for LTSC, Inc. dba Clark Brothers Sanitation, Full Circle Recycling & Rolloffs, Mid- Nebraska Disposal, Inc., Scott's Hauling, and Ummel Sanitation. Approving Minutes for August 23, 1999 City Council Meeting. Approving Request of Johanna Homan for Liquor Manager Designation, Platt Duetsche Corporation, 1315 West Anna Street. Approving Request of E.C.W. Corporation, dba The Sundowner, 3234 Schimmer Drive, for Class "C" Liquor License, Contingent Upon Final Reports. Approving Request of Barbara Ridenoure for Liquor Manager Designation, E.C.W. Corporation, dba The Sundowner, 3234 Schimmer Drive. Approving Request of ThermoRetec on Behalf of Union Pacific Railroad for a Conditional Use Permit for Installation of Shed at 1219 V2 West North Front Street for a Period of Two Years. Approving Dissolution of Westridge Area Street Planning Committee and Backflow Committee. Approving Appointment of Jennifer Herman to the Plumbers Examining Board to Replace Troy Arnold for a Term to Expire December 31,2000. Approving Use of City Sidewalks and Temporary Food Stands for Harvest of Harmony Parade, October 2, 1999. #99-260 - Approving Acquisition of Utility Easement North of Capital Avenue and West of Carleton Avenue. #99-261 - Approving Acquisition of Utility Easement North of Capital Avenue and West of Carleton Avenue. #99-262 - Approving Acquisition of Utility Easement South of Stolley Park Road Between Stuhr Road and Shady Bend Road. #99-263 - Approving Acquisition of Utility Easement To the West of Gunbarrel Road and North of the Burlington Northern, Santa Fe Railroad Tracks. I I I Page 6, City Council Regular Meeting, September 13, 1999 #99-264 - Approving Acquisition of Utility Easement To the West of Gunbarrel Road and North of the Burlington Northern, Santa Fe Railroad Tracks. #99-265 - Approving Acquisition of Utility Easement To the West of the City of Grand Island Hike/Bike Trail Right of Way and Plum Street and South of Groff Street. #99-266 - Approving Amendment to Resolution #99-244 Relative to Effective Date of Golf Fees. #99-267 - Approving Final Plat and Subdivision Agreement for Grand West Subdivision. It was noted that Third City Christian Church, a Nebraska Non-Profit Corporation, and Grand West L. L. c., a Nebraska Limited Liability Company, owners, had submitted the final plat for Grand West Subdivision, located north of 13th Street, south of Mansfield Road and east of Shanna Street and that the plat proposed to create one large lot for future church development as well as 34 residential lots, averaging 11,000 square foot in area. #99-268 - Approving Final Plat and Subdivision Agreement for H.A. Subdivision. It was noted that James A. Panowicz, Thomas J. Roberts, William P. Roberts, and E. Jean Roberts, owners, had submitted the final plat for H. A. Subdivision, located at the northwest corner of the intersection of 10th Street and Oak Street and that this plat proposed to create separate title to two dwellings that have been long established on Lot 10, Block 30, Russell Wheeler's Addition. #99-269 - Approving Final Plat and Subdivision Agreement for Ross Heights Subdivision. It was noted that James E. and Janet M. Ross, owners, had submitted the final plat for Ross Heights Subdivision, located south of Highway 2 and east of Idaho A venue and that this plat proposed to create five additional residential lots from an existing 4.072 acre tract of land. #99-270 - Approving Final Plat and Subdivision Agreement for Runza Subdivision. It was noted that The Eating Establishment - Grand Island South, a Limited Partnership, owner, had submitted the final plat for Runza Subdivision, located west of South Locust Street between Stolley Park Road and Holcomb Street and that this plat proposed to resubdivide an existing platted tract of land into two smaller lots for commercial use. #99-271 - Awarding Bid for Steam Turbine Generator Bearing Fire Protection to Nebraska Fire Sprinkler, AIda, Nebraska in the amount of $143,560. #99-272 - Awarding Bid for Pumper Truck with Miscellaneous Equipment to EDM Equipment, Inc., Lincoln, Nebraska in the Amount of $195,260, with Early Payment Option, Bid for LIME (line item miscellaneous equipment) had been submitted by Danko Emergency Equipment Co., Snyder, Nebraska in the Amount of $8,392, E.D.M. Equipment, Lincoln, Nebraska in the Amount of $12,973; Heiman Fire Equipment, Inc., Ashton, Iowa in the Amount of $563.60; Becker Fire Equipment Company, Inc., Casper, Wyoming in the Amount of $4,662.13; Ed M. Feld Equipment Company, Inc., Lincoln, Nebraska in the Amount of $5,760; Ace Hardware, Grand Island, Nebraska in the Amount of $1,540; American Safety and Rescue, Inc., Santa Barbara, California in the Amount of $384; Rock-n-Rescue, Valencia, Pennsylvania in the Amount of $746.15; Dive Rescue International, Fort Collins, Colorado in the amount of $715.69. I I I Page 7, City Council Regular Meeting, September 13, 1999 #99-273 - Awarding Bid for Miscellaneous Fire Equipment to Danko Emergency Equipment Co, Snyder, Nebraska in the Amount of $6,206, E.D.M. Equipment, Lincoln, Nebraska in the Amount of $1,550, Midland Telecom, Grand Island, Nebraska in the Amount of $2,495, Becker Fire Equipment, Casper, Wyoming in the Amount of $449.72, Ed M. Feld Equipment, Lincoln, Nebraska in the Amount of $9,156, and Ace Hardware, Grand Island, Nebraska in the Amount of $1,540. #99-274 - Awarding Bid for Erosion Control/Landfill to Hooker Brothers Construction Co., Grand Island in the Amount of $52,986. #99-275 - Approving Certificate of Final Completion Setting Date for Board of Equalization for Water Main District #427, Adams Street from Anna Street to Fonner Road. #99-276 - Approving Certificate of Final Completion for Television Inspection, #99- TV -1. #99-277 - Approving Parking Modification Relative to Establishment of No Parking Zone on Oxnard Street. REQUESTS AND REFERRALS: Consideration of Request of Filemon Sanchez, dba La Movida Bar and Grill, 316 East 2nd Street, for Addition/Reconstruction to Existing Liquor License Premises. Motion by Pielstick, second by Lueth, carried unanimously to forward the request of Filemon Sanchez to the Liquor Control Commission with no local recommendation. RESOLUTIONS: #99-278 - Approving Warranty Deed Agreement for Conveyance of Property in Platte Valley Industrial Park. Charlie Cuypers, City Attorney, reported that Toba, Inc. dba The Thompson Company, had indicated an interest in purchasing 9.77 acres of land located in the Platte Valley Industrial Park and that the buyer proposed to construct and install storm sewer, street and water mains, and sanitary sewers. It was noted that the purchase price of the property had been set at $3,956.25 per acre. Motion by Sorensen, second by Larson to approve Resolution #99-278. Councilmember Seifert voiced concern with utilizing industrial property for warehousing especially when it was noted that additional industrial space was necessary. Mr. Cuypers stated that the City did not have the amount of infrastructure costs invested in this property. Councilmember Seifert questioned how many new employees would be added. Mr. Cuypers stated that no new employees were planned immediately but that growth was expected. Councilmember Samuelson questioned what the participation by the company would be in the development of assessment districts. Mr. Cuypers stated that the company would pay the assessments as if the property were developed elsewhere. Discussion was held on prior requests for use of the Industrial Park. Roll call vote was taken on motion to approve the Resolution. Larson, Pielstick, Preisendorf, Whitesides, Lueth, Samuelson, Murray and Sorensen voted aye. Hosier and Seifert voted nay. Motion adopted. #99-279 - Approving Blight and Substandard Study #2, South Locust Street Area. Mike Johnson, member of Community Redevelopment Authority, reported that the Community Redevelopment Authority had commissioned a blight/substandard study for the southern segment of the City, centered on South Locust Street and that the study, completed by Hanna: I I I Page 8, City Council Regular Meeting, September 13, 1999 Keelan, Lincoln, Nebraska, showed that conditions existed in substantive amounts to meet the statutorial criteria for blight and substandard conditions. It was noted that the study had been approved by the Community Redevelopment Authority at their February 2, 1999 meeting and by the Regional Planning Commission, at their February 3, 1999 meeting but that at the City Council Meeting of April 26, 1999, the City Council moved to table the approval of Blight and Substandard Study #2 due to concerns raised relative to the inclusion of property located west of the existing boundaries. Mr. Johnson explained that the Council referred the Study back to the Community Redevelopment Authority for additional review and that the CRA issued a public notice that the Study was to be reviewed and invited additional comments by the residents/property owners of the area, resulting in interest by one additional property owner. Mr. Johnson added that the CRA recommended that the Blight and Substandard Study be approved and that the additional property be reviewed separately to determine potential designation as a Blight and Substandard area. Councilmember Seifert questioned how the properties included in the area had been determined. Dianne Kelley, Downtown Development Director, reported that Hanna:Keelan, consultants, had conducted a study and determined the area according to criteria as set forth by State Statute. Councilmember Pielstick noted that she was supportive of the CRA but had concerns with the inclusion of new ball fields and the water park in the blighted area. Ms. Kelley noted that the general area had development potential. Councilmember Preisendorf moved to approve #99-279. Second by Councilmember Larson. Councilmember Larson stated that he had supported the motion to table the Study in April due to concerns with exclusion of the O'Neill property but that at some point the business owners on South Locust Street would like to see this project move forward. Tim O'Neill, 1203 South Sylvan, spoke on the issue. Upon roll call vote to approve, Councilmembers Larson, Hosier, Pielstick, Preisendorf, Whitesides, Lueth, Murray, Samuelson and Sorensen voted aye. Seifert abstained. Motion adopted. #99-280 - Approving Property Tax Request for 1999-2000 General All-Purpose Property Tax, Community Redevelopment Authority and Parking District #2 Ramp. MarIan Ferguson, City Administrator, reported that this Resolution established the General Municipal property tax request at $5,521,895, a $150,042 increase from the property tax request for FY 1998-1999; the Parking District #2 property tax request at $36,939, a $1,461 increase from the property tax request for FY 1998-1999 and the Community Redevelopment Authority property tax request at $367,384, a $50,034 increase from the property tax request for FY 1998-1999. Motion by Samuelson, second by Larson, carried unanimously to approve. #99-281 - Approving Intent to Require Installation of Sidewalks in Central Catholic High School Area. Steve Riehle, Public Works Director, reported that as a result of recent discussions on requiring the installation of sidewalks in the school areas, several citizens and elected officials have requested that the City move forward with requiring sidewalks to be installed in the Central Catholic High School area. Mr. Riehle noted that although it was recommended that the City conduct a comprehensive inventory of sidewalk needs throughout the community before ordering in any more sidewalks, Resolution #99-281 authorized the City to contact Central Catholic High School officials and advise of the City's intent to require the installation of sidewalks in this area. Motion by Lueth, second by Sorensen, carried unanimously to approve. #99-282 - Approving Consideration of Amendment to User Fee Schedule. Motion by Samuelson, second by Sorensen, carried unanimously to approve. I I I Page 9, City Council Regular Meeting, September 13, 1999 PAYMENT OF CLAIMS: Motion by Lueth, second by Whitesides, carried unanimously to approve the Claims for the period of August 24, 1999 through September 13, 1999, claims #73600, #81460, and #81691 through #82351, minus Claims #81691, for a total revised claim amount of $2,631,487.07. It was noted that Claims #82338, #82029, #82209, and #82212 were to be paid from fund 276 and not 275. Councilmember Whitesides abstained from voting on Claim #82230. ADJOURNMENT: The meeting was adjourned at 8:30 p.m. Ifes. p.ectfullY 2ibm..ittedr iJ:.I1 dJ4- ?;!l{l(){)V Cindy K{nohnso \ City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING September 27, 1999 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 September 22, 1999. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Pielstick, Hosier, Larson, Lueth, Preisendorf, Seifert, Whitesides, Murray, Samuelson and Sorensen. The following City Officials were present: City Administrator MarIan Ferguson, City Clerk Cindy Johnson, Finance Director Chuck Haase, Public Works Director Steve Riehle and City Attorney Charlie Cuypers. PLEDGE OF ALLEGIANCE was said followed by presentation on "It's About Kids!". RESERVE TIME TO SPEAK ON AGENDA ITEMS: Four individuals reserved time to speak on agenda items. PRESENTATIONS AND PROCLAMATIONS: Mayor Gnadt introduced the new Economic Development Director, Pat Downs, who began work in Grand Island on September 16, 1999. Mr. Downs stated that the goal of the Economic Development Corporation was to ensure there were sufficient higher paying jobs to keep high school graduates and college graduates in the area. Cindy Johnson, City Clerk, reported that October 3-9, 1999 had been proclaimed as Mental Illness Awareness Week and October 10, 1999 had been proclaimed as Republic of China Day. 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: #8533 - Consideration of Salary Ordinance be considered upon the same day as reading 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. Councilmember Samuelson seconded the motion. Upon roll call vote, all voted aye. Mayor: Is there any discussion? Is there anyone in the audience interested in any of the ordinances? City Clerk: Ordinance #8533 on it's first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Larson, Hosier, Seifert, I I I Page 2, City Council Regular Meeting, September 27, 1999 Preisendorf, Whitesides, Murray, and Samuelson voted aye. Pielstick, Lueth, and Sorensen voted nay. Motion was adopted. City Clerk: Ordinance #8533 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, Larson, Hosier, Seifert, Preisendorf, Whitesides, Murray and Samuelson voted aye. Pielstick, Lueth, and Sorensen voted nay. Motion was adopted. Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinance #8533 is declared to be lawfully passed and adopted upon publication as required by law. #8534 - Consideration of Vacation of West Division Street Between Elm Street and Cedar Street. Steve Riehle, Public Works Director, reported that Father Tom Ryan of St. Mary's Parish, 204 South Cedar Street, had submitted a request with the Public Works Department for the vacation of a portion of West Division Street between Elm Street and Cedar Street in conjunction with planned development of a parish center and parking lot. Mr. Riehle added that while staff agreed with the Architect and with Father Ryan that the proposal was the only economically feasible option for the church and would create a "Cathedral Square," the City's standard policy was to recommend denial of requests to abandon right-of-way or easements. Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinance numbered: #8534 - Consideration of Vacation of West Division Street Between Elm Street and Cedar Street be suspended and that Ordinance #8534 be considered for passage on the same day upon reading by number only and 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. Upon roll call vote, motion was adopted unanimously. Mayor: Is there anyone in the audience interested in this audience? Councilmember Whitesides questioned the manner and times that the traffic counts were taken. Mr. Riehle stated that traffic counts were not taken during Mass times because it was believed those numbers would be misleading as that traffic would be church related and not indicative of every day traffic. Councilmember Pielstick questioned the precedent that would be set if this street were to be closed for a parking lot. Councilmember Murray stated that he had concerns with acquiring right of way and asked if the City attempted to recoup dollars? Councilmember Lueth questioned whether Koenig Street would be able to handle the additional traffic. Mr. Riehle stated that he believed one of the criteria to be considered prior to vacating the street would be to ensure that the surrounding streets could handle the additional volume and he believed Koenig Street and the other surrounding streets could do so. Glen Gartner, 516 West Koenig, stated that the church was a good neighbor but he had concerns with closing the street due to potential off street parking that could lead to trespassing. Mr. Gartner added that he believed the plan proposed would actually decrease the number of parking spaces available. Louise Miller, 1104 West Charles Street, spoke in opposition to the street vacation. Mayor Gnadt asked if the number of parking spaces available could be verified. Mr. Riehle and Father Tom Ryan of St. Mary's Church stated that there would be 52 places in the parking lot, 2 I I I Page 3, City Council Regular Meeting, September 27, 1999 and 20 additional on the north and south sides, as well as 83 spaces in the new proposed lot. Father Tom noted that the congregation was growing and the church currently served 1,731 families. James Brisnehan, architect for Cannon and Associates, presented the four options the church had considered. Councilmember Whitesides stated that the plan looked beneficial to the entire community but noted that parking was a consideration. Councilmember Preisendorf questioned whether the extra parking spaces gained were sufficient. Councilmember Whitesides moved to table the issue to next week's Study Session for further review. Second by Samuelson. Upon roll call vote to table, Larson, Pielstick, Whitesides, Sorensen, Samuelson and Murray voted aye. Hosier, Seifert, Preisendorf and Lueth voted nay. CONSENT AGENDA: Motion by Pielstick, second by Samuelson, carried unanimously to approve the Consent Agenda. Receipt of Official Documents, Including Zoning Board of Adjustment Minutes of August 10, 1999. Approving Minutes of September 13, 1999 City Council Regular Meeting. Approving Appointment of John Brownell to the Community Redevelopment Authority for a Term Effective October 10, 1999 and Expiring October 10, 2002. #99-283 - Awarding Bid for Snow Removal to A-I Snow Removal, Grand Island, and Dobesh Land Leveling, Grand Island. #99-284 - Awarding Bid for Sanitary Sewer/Water Main, The Village Subdivision to Diamond Engineering, Grand Island, Nebraska, In The Amount of $277,363.21. #99-285 - Approving Renewal of Two Year Contract to Provide Advanced EMT/Paramedic Training for McCook Community College. #99-286 - Approving Renewal of Two Year Contract to Provide Advanced EMT/Paramedic Training for Nebraska Methodist College. #99-287 - Approving Renewal of Two Year Contract to Provide Advanced EMT/Paramedic Training for Northeast Community College. #99-288 - Approving Renewal of Two Year Contract to Provide Advanced EMT/Paramedic Training for Southeast Community College. #99-289 - Awarding Bid for Downtown Streetscape Project, Landscape, to Earl May Garden Center, Grand Island, Nebraska, in the Amount of $6,595. Councilmember Lueth clarified the bid with regards to the option for mulch. #99-290 - Awarding Bid for Downtown Streetscape Project, Concrete, to O.K. Paving, Grand Island, Nebraska, in the Amount of $9,952.25. 3 I I I Page 4, City Council Regular Meeting, September 27, 1999 #99-291 - Awarding Bid for Motorcycles, Police Department, to Nebraska Cycle Company, Inc., Grand Island, Nebraska, in the Amount of $25,000. #99-292 - Awarding Bid for Ambulance to Wheeled Coach, Omaha, Nebraska, in the Amount of $79,989. #99-293 - Awarding Bid for Sidewalk Project No.1, 1999 to O.K. Paving, Grand Island, Nebraska, in the Amount of $6,000. #99-294 - Approving Certificate of Final Completion for Sanitary Sewer District #489, Platte Valley Industrial Park. #99-295 - Authorizing Submittal of Grant Application to Transportation Enhancement Program for Construction of Shoemaker Hiker/Biker Trail. REQUESTS AND REFERRALS: Approving Request of LeRoy and Arlene Kramer, on behalf of Kramer's Auto Parts & Iron Company, Inc., 3405 North US Highway 281, for Extension to Current Non-Conforming Use for an Addition to a Garage. Motion by Sorensen, second by Pielstick, carried unanimously to approve the request of LeRoy and Arlene Kramer for the construction of an office addition approximately 20' x 38' onto the existing building. Arlene Kramer, 3345 North Highway 281, spoke in support. RESOLUTIONS: #99-296 - Approving Amendment to IAFF Labor Union Agreement Relative to Amending Co- Pay Requirement for Health Insurance Coverage. Motion by Samuelson, second by Sorensen, carried unanimously to approve the amendment to the IAFF Labor Union Agreement relative to co-pay for Health Insurance. #99-297 -Approving Amendment to IBEW-Finance Labor Union Agreement Relative to Amending Co-Pay Requirement for Health Insurance Coverage. Motion by Samuelson, second by Sorensen, carried unanimously to approve the amendment to the IBEW - Finance Labor Union Agreement relative to co-pay for health insurance. #99-298 - Approving Amendment to IBEW-Utilities Labor Union Agreement Relative to Amending Co-Pay Requirement for Health Insurance Coverage. Motion by Samuelson, second by Sorensen, carried unanimously to approve the amendment to the IBEW - Utilities Labor Union Agreement relative to co-pay for health insurance. #99-299 - Approving Amendment to AFSCME Labor Union Agreement Relative to Health Insurance and Accident Leave. This item was removed from the agenda at the request of the Labor Union. #99-253 - Awarding Bid for Backhoe, Utilities Department, to Murphy Tractor and Equipment, Grand Island, Nebraska, in the Amount of $68,158. Gary Mader, Utilities Director, reported that this issue was first discussed at the City Council Meeting of August 23, 4 I I I Page 5, City Council Regular Meeting, September 27, 1999 1999 and that the Utilities Department issued a request for bids for the purchase of a backhoe. Mr. Mader noted that the specifications set for the requirement had been based on required performance including ease of operation, digging capability, stability and overall performance and that four bids had been received, ranging from $60,049 to $83,125.88. It was noted that Third City New Holland had submitted two bids, one in the amount of $60,049 for a backhoe that did not meet specifications and one in the amount of $74,094 for a New Holland 675E Deluxe that met specifications. The Purchasing and Utilities Department recommended award of bid to the low bidder meeting specifications, submitted by Murphy Tractor and Equipment, Grand Island, Nebraska in the amount of $68,158 in accordance with the City's Procurement Code, adopted by the City Council in 1988, which establishes the procedures for requesting bids on proposals. It was noted that awarding the bid to a vendor other than that which did not submit the lowest bid meeting specification would be a deviation from the City's own Procurement Code. Motion by Larson, second by Whitesides to award the bid to Murphy Tractor and Equipment, Grand Island, Nebraska in the amount of $68,158. Pete Morgan, 3rd City New Holland, spoke in opposition to the bid award. Frank Robinson, Murphy Tractor and Equipment, spoke in support of the bid award. Upon roll call vote, Hosier, Pielstick, Larson, Preisendorf, Whitesides, Murray, Samuelson and Sorensen voted aye. Lueth voted nay. Councilmember Seifert abstained. Motion adopted. PAYMENT OF CLAIMS: Motion by Lueth, second by Samuelson, carried unanimously to approve the Claims for the period of September 14, 1999 through September 27, 1999, claims #82063 and #82352 through #82930, with the exceptions of Claim #82733 which was reduced by $2,160.10 and claim #82805 which was reduced by $69.20 plus claim #82575, #82597, and #82910 for a total claims amount of $3,381.393. Councilmember Preisendorf abstained from voting on Claims #82715, and #82500. Upon roll call vote, motion was adopted unanimously. ADJOURNMENT: The meeting was adjourned at 8: 18 p.m. Respectfully submitted, /, , /' J ' / ! ., .... 1./ 'f'..?/",I< C/(.j C{Ie I' -/ " ! ; . I . Cindy K. 'Johnson City Clerk I c/) ~ I f C,.", ./ 5 I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION October 4, 1999 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall on October 4, 1999. Notice of the meeting was given in the Grand Island Independent on September 29, 1999. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Pielstick, Larson, Hosier, Seifert, Sorensen, Preisendorf, Lueth, Whitesides, and Samuelson. Councilmember Murray was absent. The following City Officials were present: City Administrator MarIan Ferguson, City Clerk Cindy Johnson, Public Works Director Steve Riehle, City Attorney Charlie Cuypers and Finance Director Chuck Haase. I It's About Kids! Presentation. Jennifer Worthington of Youth Leadership Tomorrow, and Sara Eden and Maggie McDermott presented information on the asset "Family Support". Discussion on Vacation of West Division Street from Elm Street to Cedar Street. Steve Riehle, Public Works Director, reported on the request of St. Mary's Cathedral for vacation of West Division Street from Elm Street to Cedar Street due to their desire to build a new parish center and to develop a Cathedral Square. Mr. Riehle stated that the concerns expressed by Council at the meeting of September 27, 1999 had led the City staff, architects and representatives from St. Mary's to continue looking for ways to increase the parking. Mr. Riehle noted that the proposal now provided for over 100 parking spaces from the original 83. Jim of Cannon and Associates stated that he had misspoke at last week's meeting and that the north half of the block did not sit in the Central Business District. Mr. Added that the firm had begun the process of soliciting proposals to get a demographic idea of area number of parking spaces available and that parallel parking in some areas was being considered. Discussion was held on who would be responsible for relocating of utilities in the easement and alleyway. It was noted that the costs would be considered project costs and would be paid by the Church. Father Tom Ryan of St. Mary's Church spoke on the need for a Cathedral Square based on the Church's activity and presence in the community. Councilmember Pielstick stated that she believed the program was fabulous but also expressed concern with establishing a precedent in allowing this street to be closed and not having Division Street available for fire and police emergency vehicles. Councilmember Preisendorf stated that this area was close to a major north/south corridor and did not see where closing it would inhibit traffic. Councilmember Samuelson asked if consideration had been given to use of the parking area by Walnut and Wheeler. Mr. Riehle stated that studies showed people I would normally walk one block to get to the destination and also stated that a precedent would not be set, but rather that any request should be based on its own individual merit and according to the established guidelines. Councilmember Sorensen asked if there would be a charge to the Church for the street. Charlie Cuypers, City Attorney, stated that traditionally we had not charged for the streets such as Greenwich Street which was vacated for the new Wasmer School. Councilmember Lueth reiterated the need to discuss each request on its own merits and not to confuse situations. Councilmember Larson agreed. Councilmember Whitesides stated that he had asked for this issue to be discussed at a Study Session to allow more time to work out the parking issue and that it appeared progress had been made. Councilmember Seifert stated that Churches were a foundation for families and this was one way the City could help ensure families were kept together. Jerry Poehls, 4328 West Highway 30, and Lewis Kent, 624 East Meves, spoke against the request. Enid Cederlind, , Gunbarrel Place, gary Urbacher??????, 610 West John, spoke in support. Glen Gartner, 516 West Koenig, stated that he appreciated the Church looking into more parking alternatives. Colleen Bishop, 703 West 10th Street, stated that safety was an issue as well as parking. Jim Cannon, 3121 Brentwood Circle, stated that the streets had been laid out years ago and that the Church was replacing an old facility and not necessarily anticipating needing more parking. Councilmember Whitesides asked that this issue be brought to the next Council Meeting for consideration. I Discussion on Crisis Communication Plan. Cindy Johnson, City Clerk/Public Information Director, presented the proposed Crisis Communication Plan and explained that the Plan was designed to provide an outline or guideline for use during crisis situations. It was noted that the Plan had been reviewed by the staff, as well as the Public Information Group, and would be forwarded to the Council for consideration at the next Council Meeting. I Discussion on Committee Report for Backflow Prevention Program. Gary Mader, Utilities Director, reported that the Committee had completed its review of the backflow prevention program and were making three recommendations: 1) the City establish a financing program for the installation of the protection devices required on existing residential services; 2) the current requirement that testable devices be tested every year be extended to five years; and 3) the current program of installing protection devices on existing, unprotected residential service lines only when the service line fails be accelerated. Councilmember Pielstick read a letter from Lisa Crumrine, Board of Realtors, dated December 3, 1998 opposing the backflow program. Ms. Pielstick noted that the letter had been rescinded but she still had concerns with the sentiments expressed relative to reducing affordability of houses and discouraging business from locating in Grand Island. Councilmember Sorensen stated that a large segment of the public was not satisfied with these recommendations. Councilmember Preisendorf stated that backflow was a health hazard and a potential problem the City could not ignore. Glendale Reiss, 910 North Boggs, Lewis Kent, 624 East Meves, and Herb Mayer, 315 West 18th Street, spoke in opposition to the regulations as proposed. Craig Lewis, Building Inspections Director, reported that he had visited with Lisa Crumrine when he became aware of the letter and she asked that it not be distributed. Randy Stueven, 233 South Gunbarrel, I spoke against the regulations and asked that a impartial committee be formed to readdress the issue. Mr. Stueven voiced concerns with the information on fail rates, and the financing, as well as the need for the program overall. John Fiala, 2204 North Sycamore, suggested that the program might be too aggressive. Roxy Clark, 920 West Phoenix, stated that he had been on both sides of this issue and noted that the regulations were in place to protect the community and that it would be impossible to please everyone. Councilmember Larson stated that the issue was not an easy one but that the committee had done an excellent job of looking at input from the State Department of Health and Human Services, isolation and containment issues, and programs from other communities. Mr. Larson added that this was an emotional issue because of the impact on every homeowner but that it was the City's responsibility to ensure the water was safe. Adjournment. The meeting was adjourned at 8:45 p.m. Respectfully submitted, (IL(D Lj- ,t< .~,fl'. ~./\/1 'VCL1 '}', \j '~ , I!V Cindy l(!,!Johnson~ City Clerk I I I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING October 11, 1999 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 October 11, 1999. Notice of the meeting was given in the Grand Island Independent on October 6, 1999. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Larson, Pielstick, Hosier, Seifert, Sorensen, Preisendorf, Samuelson, Murray, Lueth and Whitesides. The following City Officials were present: City Clerk Cindy Johnson, Acting City Administrator/City Attorney Charlie Cuypers, Public Works Director Steve Riehle and Finance Director Chuck Haase. PLEDGE OF ALLEGIANCE was said. RESERVE TIME TO SPEAK ON AGENDA ITEMS: Two individuals reserved time to speak on agenda items. PROCLAMATIONS AND PRESENTATIONS: Instructor David Sackshewsky and the Northwest High School A Cappella Group presented musical selections. Presentation to Grand Island Senior High Art Club For Beautification Efforts. Cherie Byrd, Public Information Officer, reported that several members of the GISH Art Club had volunteered their time to a community beautification effort. Mayor Gnadt recognized instructor Ga~ Nickels and the students for the window painting being done at Olson's Building at 301 West 2TI Street. Presentation by Carroll Sheldon Relative to Presence of Water Fowl in Platte River Area. Mr. Sheldon addressed the Council on the hazards associated with water fowl migration in the Platte River area. Presentation on Community Development Award. Jerenne Garroutte, Community Development Director, reported that at the annual Nebraska NAHRO Conference (National Association Housing and Redevelopment Officials) held at Mahoney State Park on September 21 through September 24, 1999, the Lincoln View Estates Project, the new subdivision just north of Lincoln School, was awarded the 1999 Community Development Achievement Award. Cindy Johnson, City Clerk, reported that October, 1999 had been proclaimed National Arts and Humanities Month and October 24, 1999 had been proclaimed as United Nations Day. I I I Page 2, City Council Regular Meeting, October 11, 1999 BOARD OF EQUALIZATION: Motion by Seifert, second by Samuelson, carried unanimously to adjourn to the Board of Equalization. #99-BE-16 - Determining Benefits for Water Main District #427T, Adams Street from Anna Street to Fonner Park Road. Bob Smith, Assistant Utility 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 Water Main District #427T which had been established in March, 1998 in order to provide improvements in the form of a 12" trunk line for the central area of the City. It was noted that construction had been completed in late 1998. Motion by Sorensen, second by Preisendorf, carried unanimously to approve. Councilmember Pielstick was present at the time the vote was taken. RETURN TO REGULAR SESSION: Motion by Preisendorf, second by Samuelson, carried unanimously to return to Regular Session. Councilmember Pielstick was absent at the time the vote was taken. PUBLIC HEARINGS: Public Hearing on Acquisition of Utility Easement on the North Side of 13th Street from North Road West Y4 Mile to Proposed Mansfield Road. Steve Riehle, Public Works Director, reported that acquisition of a utility easement located on the north side of 13th Street from North Road west one quarter mile to proposed Mansfield Road was required in order to have access to install, upgrade, maintain, replace, and repair sanitary sewer lines, manholes, and other appurtenances necessary for sanitary sewer operation and maintenance and for other public utilities. It was noted that the easement would be used to install sanitary sewer lines to Grand Island West Subdivision and for other public utilities as may be appropriate. No public testimony was heard. Public Hearing on Request of Anita Carlgren, 708 East Bismark Street, for a Conditional Use for Construction of a Detached Garage. Craig Lewis, Building Inspections Director, reported that Anita Carlgren, 708 East Bismark, had submitted a request with the City Clerk's Office for a Conditional Use Permit to allow for the construction of a detached garage. No public testimony was heard. Public Hearing on Request of Robert and Linda Eihusen, 306 South Gunbarrel Road, for Conditional Use Permit for Construction of Accessory Building (Stable). Craig Lewis, Building Inspections Director, reported that Robert and Linda Eihusen, 306 South Gunbarrel Road, had submitted a request with the City Clerk's Office for a Conditional Use Permit to allow for the construction of an accessory building (horse stable). Mr. Eihusen was present on behalf of the application. No public testimony was heard. Public Hearing on Acquisition of Utility Easement in the Alleyway Between Second Street and Third Street and Between Locust Street and Wheeler Street. Bob Smith, Assistant Utilities Director, reported that acquisition of a utility easement in the alleyway between Second Street and Third Street and between Locust Street and Wheeler Street was required in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. The easement is required to allow the installation of underground utilities in the downtown area. No public testimony was heard. I I I Page 3, City Council Regular Meeting, October 11, 1999 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: #8534 - Consideration of Vacation of West Division Street Between Elm Street and Cedar Street 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 its final passage and call for a roll call vote on each reading and then upon final passage. Second by Preisendorf. Motion was adopted unanimously. Steve Riehle, Public Works Director, reported that as discussed at the City Council Meeting of September 27, 1999 and the Study Session of October 4, 1999, Father Tom Ryan of St. Mary's Parish, 204 South Cedar Street, had submitted a request with the Public Works Department for the vacation of a portion of West Division Street between Elm Street and Cedar Street. Mr. Riehle noted that the request was being made in conjunction with planned development of a parish center and parking lot and that changes had been made as a result of concerns raised relative to parking and that the plans now provided for 130 parking stalls. Bob Ripp, 407 Orleans Drive, spoke in support of the request and thanked the Council for their professional and conscientious deliberation of the request. Virginia Vieregg, 1016 West Division Street, spoke in opposition to the request due to congestion. Juanita McGowan, 2909 Circle Drive, and Father Tom Ryan spoke in support. City Clerk: Ordinance #8534 on its first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Larson, Hosier, Seifert, Preisendorf, Whitesides, Lueth, Sorensen and Murray voted aye. Pielstick and Samuelson voted nay. Motion adopted. City Clerk: Ordinance #8534 on its final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, Larson, Hosier, Seifert, Preisendorf, Whitesides, Lueth, Sorensen and Murray voted aye. Pielstick and Samuelson voted nay. Motion adopted. Mayor: By reason of the roll call votes on the first reading and then upon final passage, Ordinance #8534 is declared to be lawfully passed and adopted upon publication as required by law. CONSENT AGENDA: Councilmember Whitesides requested that item G5m be removed from the Consent Agenda. Motion by Pielstick, second by Whitesides, carried unanimously to approve the Consent Agenda. Receipt of Official Documents, Including Minutes of the Civil Service Commission Meeting of August 10, 1999. Minutes of the September 27, 1999 City Council Meeting and October 4, 1999 City Council Study Session. I I I Page 4, City Council Regular Meeting, October 11, 1999 Approving Appointment of John Brownell to Community Redevelopment Authority for a Five Year Term, Expiring October 10,2004. Approving Request of Jia Chi Yu for Liquor Manager Designation, Hunan, Inc., 2249 North Webb Road. Approving Request of Jane Sullivan for Liquor Manager Designation, Grand Island Pizza Hut, Inc., 2004 North Broadwell Avenue. #99-300 - Approving Contract with CERT in the Amount of $5,000 as Provided in the 1999- 2000 Annual Budget. #99-301 - Approving Contract with Crisis Center in the Amount of $10,200 as Provided in the 1999-2000 Annual Budget. #99-302 - Approving Contract with Grand Island Clean Community System in the Amount of $15,000 as Provided in the 1999-2000 Annual Budget. #99-303 - Approving Contract with Grand Island Clean Community System - JASP - in the Amount of $2,000 as Provided for in the 1999-2000 Annual Budget. #99-304 - Approving Contract with Senior Citizens Industries in the Amount of $15,000 as Provided for in the 1999-2000 Annual Budget. #99-305 - Approving Contract with Retired Senior Volunteer Program in the Amount of $6,120 as Provided for in the 1999-2000 Annual Budget. #99-306 - Awarding Bid for 5000 KV A Transformers to Kriz-Davis Company, Grand Island, Nebraska, in the Amount of$146,912.82. #99-307 - Awarding Bid for Water Main District #430T, along Stuhr Road and Swift Road to Bismark Road and along Bismark Road from Stuhr Road to Cherry Street to Diamond Engineering Company, Grand Island, Nebraska, in the Amount of$309,372.55. #99-308 - Awarding Proposal for Engineering Consulting Services for Electrical System Improvements at the Wastewater Treatment Plant to CH2M Hill, Engleman, Colorado, in the Amount of $38,500 for Phase 1 (Conceptual Design Report). #99-309 - Awarding Bid for Used Dump Truck for Solid Waste Division of Public Works Department to Hansen International Truck, Inc., Grand Island, Nebraska, in the Amount of $26,500. #99-310 - Awarding Bid for Vehicle for Fire Department Via State Contract to Anderson Ford, Lincoln, Nebraska in the Amount of $20,000. #99-311 - Awarding Bid for Shoofly on Locust Street at Wood River Diversion Bridge to Diamond Engineering Company, Grand Island, Nebraska, in the Amount of$45,530. I I I Page 5, City Council Regular Meeting, October 11, 1999 #99-313 - Approving Acquisition of Utility Easement on the North Side of 13th Street from North Road West One Quarter Mile to Proposed Mansfield Road. #99-314 - Approving Acquisition of Utility Easement in Alleyway Between Second Street and Third Street and Between Locust Street and Wheeler Street. Councilmember Preisendorf questioned the charge for the easement. Bob Smith, Utilities Director, noted that the value had been determined by the parking lot values determined in 1992. #99-315 - Approving Final Plat and Resolution for Busboom Second Subdivision. It was noted that the owners had submitted the final plat for Busboom Second Subdivision, located north of West Second Street, 1,200' West of Ada Street and proposed to create a separate lot 50' wide by 120' in depth encompassing approximately one acre of land. #99-316 - Approving Final Plat for JNW Subdivision. It was noted that the owner had submitted the final plat for JNW Subdivision, located between South Locust Street and Eddy Street, 600' south of Hedde Street that proposed to subdivide the existing property into two independent lots to provide for separate utility services to both properties and buildings. #99-317 - Approving Change Order with Hoffman Construction to the Contract for Water Main District #431 T to Provide for an Extended Five Y ear Warranty. #99-318 - Approving Crisis Communication Plan. #99-319 - Approving Financial Institutions for Public Funds. #99-320 - Approving Connection Fees for Water Main District #427T, Adams Street from Anna Street to Fonner Park Road. #99-321 - Approving Interlocal Agreement with Hall County Relative to Hall County Bookmobile. It was noted that the Agreement provided for a base amount compensation plus a percentage of the keno funds. #99-312 - Approving Agreement with Southwest Neighborhood Association for $3,000 in Matching Funds through the Community Connections Program. Councilmember Whitesides spoke on the Community Connections Program and noted the benefits of the neighborhoods investing in their community. Motion by Samuelson, second by Whitesides, carried unanimously to approve. REQUESTS AND REFERRALS: Approving Request of Anita Carlgren,708 East Bismark Street, for a Conditional Use Permit to Allow for the Construction of a Garage. Motion by Sorensen, second by Lueth, carried unanimously to approve. Approving Request of Robert and Linda Eihusen, 306 South Gunbarrel Road, for a Conditional Use Permit for the Construction of a Stable. Motion by Sorensen, second by Lueth to approve. Upon roll call vote, Pielstick, Larson, Seifert, Preisendorf, Whitesides, Lueth, Samuelson, Sorensen and Murray voted aye. Hosier abstained. Motion adopted. I I I Page 6, City Council Regular Meeting, October 11, 1999 Approving Request of Lorin R. Downing, The Storage Place, for a License Agreement to Allow for the Construction of a Driveway and Fence on an Easement at Diers Avenue Near Highwav 2. Motion by Sorensen, second by Lueth, carried unanimously to approve. Approving Request of Northwest High School, 2710 North North Road, for a License Agreement to Allow for Use of a City Drainageway as Outlet for Waters from the School. Motion by Sorensen, second by Lueth, carried unanimously to approve. Approving Request of Five Points Bank, 370 North Walnut Street, for a License Agreement for Installation of a Handicapped Ramp in the Public Right of Way. Motion by Sorensen, second by Lueth, carried unanimously to approve. RESOLUTIONS: #99-322 - Approving Settlement Agreement with Northwestern Public Service Relative to Natural Gas Rates. Charlie Cuypers, City Attorney, reported that on June 1, 1999 Northwestern Public Service Company, the provider of natural gas service to the City of Grand Island, filed an application to increase natural gas rates asking for a 4.48% increase in revenues, effective September 1, 1999. Mr. Cuypers added that the cities of Grand Island, Kearney, and Hastings had negotiated a decrease to the requested amount and a settlement agreement between Northwestern Public Service and the affected cities had been drafted which provided for an annual increase in its rates of $1,146,414. It was also noted that the municipalities were able to negotiate a contribution of $188,000 annually for economic development purposes and that Grand Island's share would be $86,000. Motion by Seifert, second by Whitesides, carried unanimously to approve. PAYMENT OF CLAIMS: Motion by Lueth, second by Larson, carried unanimously to approve the Claims for the period of September 28, 1999 through October 11, 1999, Claims #82269, #82489, #82519, #82624, and #82931 through #83363 with changes consisting of pulling Claim #83311, and changing account numbers for Claims #83078 and #83356. These changes result in an amended total claims amount of $1,979,812.02. Councilmember Whitesides abstained from voting on Claim #083145. ADJOURNMENT: The meeting was adjourned at 8:25 p.m. Respectfully submitted, c~~2 ~$1NJ City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING October 25, 1999 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 October 20, 1999. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmefnbers Larson, Pielstick, Hosier, Seifert, Whitesides, Murray, Samuelson, and Sorensen. Councilmembers Preisendorf and Lueth 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 Chuck Haase. PLEDGE OF ALLEGIANCE was said, followed by presentation of It's About Kids! Asset by Tim Carmann, sophomore at Grand Island Senior High School. RESERVE TIME TO SPEAK ON AGENDA ITEMS: Four individuals reserved time to speak on agenda items. PRESENTATIONS AND PROCLAMATIONS: Steve Fosselman, Library Director, reported that the Library Foundation had begun working with consultant, David Smith, on reviewing the functions of the library in relation to community needs, building space, and available funding. It was noted that public meetings would be held to receive comments from the residents. Recognition of Central Catholic Girls Golf Team - State Champions. The Mayor and City Council recognized the outstanding efforts of the Central Catholic High School Girls Golf Coach Bob Ley and the Golf Team in winning the State Championship. Cindy Johnson, City Clerk, reported that the Mayor had proclaimed October 25-31, 1999 as World Population Awareness Week. BOARD OF EQUALIZATION: Motion by Samuelson, second by Sorensen, carried unanimously to adjourn to the Board of Equalization. #99-BE-17 - Determining Benefits for Sanitary Sewer District #489, Platte Valley Industrial Park. 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 I I I Page 2, City Council Regular Meeting, October 25, 1999 associated with Sanitary Sewer District #489, Platte Valley Industrial Site (Juergen Road from Platte Valley Boulevard to Wildwood Drive). It was noted that this action would be followed by an Ordinance establishing the assessments. Motion by Murray, second by Samuelson, carried unanimously to approve. RETURN TO REGULAR SESSION: Motion by Samuelson, second by Sorensen, carried unanimously to return to Regular Session. PUBLIC HEARINGS: Public Hearing on Redevelopment Plan' for Blight and Substandard Area #2, South Locust Street. Dianne Kelley, Downtown Development Director, reported that at the September 13, 1999 City Council Meeting, the City Council adopted Resolution #99-279 designating a southern segment of the City, identified as the South Locust Corridor extending from First Street southward to the City limits, as a blighted and substandard area. Ms. Kelley explained that the Redevelopment Plan, developed in conjunction with this blight/substandard study, provided general guidelines for planning and redevelopment activities for the area and had been approved by the Community Redevelopment Authority at their meeting of September 28, 1999 and the Regional Planning Commission at their meeting of October 6, 1999. It was noted that the Plan, completed by Hanna: Keelan, Lincoln, Nebraska, defined infrastructure improvements, rehabilitation and adaptive reuse of vacant buildings, screening and buffering between commercial and residential areas, code enforcement, planned public spaces, and recommended redevelopment activities, and complied with the guidelines established in the City Comprehensive Plan. No public testimony was heard. Public Hearing on Request of Concord Neighborhood Corporation, dba Applebees Neighborhood Grill and Bar, 721 Diers Avenue, for Class "I" Liquor License. Cindy Johnson, City Clerk, reported that Jeffrey L. Conkel, Chief Executive Officer, representing Concord Neighborhood Corp., dba Applebee's Neighborhood Grill and Bar, 721 Diers Avenue, had submitted an application with the City Clerk's Office for a Class "I" Liquor License. Ms. Johnson presented the following exhibits for the record: Class I Liquor License application submitted to the Nebraska Liquor Control Commission and received by the City on October 1, 1999; notice to applicant of date, time, and place of hearing mailed on October 1, 1999; notice to general public of date, time, and place of hearing published on October 10, 1999; Chapter 4 of City Code and various departmental reports as required by law. It was noted that inasmuch as the facility had not yet been completed, any approval should be contingent upon final inspections. Donna Paulsen, Concord Vice President, spoke on behalf of the application. No additional 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 3, City Council Regular Meeting, October 25, 1999 #8535 - Consideration of Salary Ordinance #8536 - Consideration of Vacation of Easement Located in Adams Street Near the Former Southern Nebraska Rural Public Power Building #8537 - Consideration of Repealing of Ordinance #8487 That Created Street Improvement District #1224, Allen Drive from Faidley Avenue to 13th Street #8538 - Consideration of Creation of Street Improvement District #1225, Allen Drive From Faidley Avenue to 13 th Street #8539 - Consideration of Assessments for Sanitary Sewer District #489, Platte Valley Industrial Park be considered for passage upon the same day as reading 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 final passage. Second by Samuelson. Upon roll call vote, all voted aye. Motion carried unanimously. Mayor: Is there anyone in the audience interested in any of these ordinances? Councilmember Pielstick questioned the need for the revised Salary Ordinance and asked who had prepared the document and whether staff should be reviewed. City Administrator MarIan Ferguson reported that the need for the revised Salary Ordinance was the result of the establishment of an incorrect table used for rounding of sums. Mr. Ferguson referred the question to Chuck Haase for additional explanation. No additional comments were made. City Clerk: Ordinances #8535, #8536, #8537, #8538, and #8539 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, Hosier, Larson, Seifert, Whitesides, Murray, Sorensen and Samuelson voted aye. Pielstick voted nay. Motion adopted. City Clerk: Ordinances #8535, #8536, #8537, #8538, and #8539 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, Hosier, Larson, Seifert, Whitesides, Murray, Sorensen, and Samuelson voted aye. Pielstick voted nay. Motion adopted. Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinances #8535, #8536, #8537, #8538, and #8539 are declared to be lawfully passed and adopted upon publication as required by law. CONSENT AGENDA: Councilmember Pielstick requested that item G2 be considered separately from the Consent Agenda. Councilmember Whitesides requested that G3 be removed from the Consent Agenda. Motion by Pielstick, second by Seifert, carried unanimously to approve the Consent Agenda minus G2 and G3. Minutes of October 11, 1999 City Council Meeting. I I I Page 4, City Council Regular Meeting, October 25, 1999 Authorizing Expenditures Associated with Zoo Advisory Board Responsibilities. It was noted that on June 12, 1999 the City Council approved the formation of and appointments of five individuals to serve on the Zoo Advisory Board and that the purpose of the Zoo Advisory Board was to develop a comprehensive plan for the future of the Grand Isle Heritage Zoo. Steve Paustian, Parks and Recreation Director, reported that it was anticipated that this voluntary board would incur expenses associated with their research and associated responsibilities and that City Code required that expenses associated with volunteer activities be authorized by the City Council. Approving Request of Trinity United Methodist Church, 511 North Elm Street, for License Agreement for Installation of Handicap Ramp and Elevator. #99-323 - Approving License Agreement with Union Pacific Railroad Relative to Development of Hike and Bike Trail. Charlie Cuypers, City Attorney, reported that the Union Pacific Railroad had requested the City of Grand Island enter into a License Agreement with the Railroad for the connection of the Burlington Northern Beltline Hike/Bike Trail to the hike/bike trail which was located, in part, on the west side of the Union Pacific Railroad St. Joe Line right-of-way. It was noted that the Agreement provided for a permanent bicycle/pedestrian trail crossing on Union Pacific Railroad property at a cost of $2,500. #99-324 - Awarding Bid for Transplission Line Work 99-PCC-2 to Dominion Construction Company, Scottsbluff, Nebraska in .~ll~-,,~~~ount of $1,637,160.98. #99-325 - Awarding Bid for Aerial Ladder Truck to EDM Equipment Company, Lincoln, Nebraska in the amount of $634,975. #99-326 - Awarding Bid for Miscellaneous Fire Equipment to Danko Emergency Equipment Co., Snyder, Nebraska in the amount of $4,652.50; E.D.M. Equipment, Lincoln, Nebraska in the amount of $556; Ace Hardware, Grand Island, Nebraska in the amount of $830; FYR- REK, Gothenburg, Nebraska in the amount of $830.80; Ed M. Feld Equipment Company, Inc., Carroll, Iowa in the amount of $1,075; Rock-n-Rescue, Valencia, Pennsylvania in the amount of $89.40; Heiman Fire Equipment, Inc., Ashton, Iowa in the amount of $6,960 for purchases totaling $14,993.70. #99-327 - Awarding Bid for Sandblasting and Painting, Island Oasis, to Kucera Painting, Deweese, Nebraska in the amount of $19,885. #99-328 - Approving Contract with Council on International Visitors in the Amount of $500 to be Used to Provide Cultural Activities and Home Hospitality Opportunities for Foreign Leaders, Specialists, and International Scholars in Promoting Various Aspects of our Community. I I I Page 5, City Council Regular Meeting, October 25, 1999 #99-329 - Approving Change Order #1 to Contract with Addison Construction Company for #98-PCC-l for Substation E & F Construction in the Amount of a $98,887.02 Decrease for a Revised Contract Amount of $2,340,179.98. #99-330 - Approving Agreement with NPPD Relative to Generation Sales Capacity. It was noted that the Utilities Department was recommending that the City enter into an agreement with Nebraska Public Power District (NPPD) that provided for the City to sell 25 MW of capacity to NPPD during the peak summer season of 2000 (June 1, 2000 to September 30, 2000). The Utilities Department noted that the agreement stated that 25 MW of the City's generating resources would be committed to NPPD for this period for a charge of $4,000/MW per month plus $lOO/MW hour for any energy sold under the agreement. #99-331 - Approving Redevelopment Plan for Blight and Substandard Area #2, South Locust Street. #99-332 - Approving Change Order #1 for Contract with The Diamond Engineering Company for Street Improvement District #1212, Ada Street, Resulting in an Increase of $1,535 for a Revised Contract Amount of $485,716,39. #99-333 - Approving Certificate of l::"inal Completion for Sidewalk District #1, 1999, Stolley Park Road. #99-334 - Approving Certificate of p'inal Completion for Street Improvement District #1212, Ada Street. #99-335 - Approving Certificate of Final Completion for Street Improvement District #1218, Juergen Road. #99-336 - Approving Amendment to Section 125 (Cafeteria) Plan with McDermott and Miller Relative to Establishing a Second Open Enrollment Period to Run Concurrent with the Health and Dental Insurance Enrollment Period. #99-337 - Approving Interlocal Agreement with United States Army Corps of Engineers Relative to Installation of Monitorl.!!tL Wells on Right-of-Way. Charlie Cuypers, City Attorney, reported that the U. S. Army Corps of Engineers had installed monitoring wells throughout Grand Island in an effort to determine the presence of contaminants due to Department of Defense activities at the Cornhusker Army Ammunition Plant and that two of the wells were on the City's right-of-way and the U.S. Army Corps of Engineers was requesting the City enter into an agreement to allow for the installation upon the right-of-way for purposes of monitoring well installation at no charge for this agreement. Approving Request of Concord Nei.gllborhood Corporation, dba Applebee's Neighborhood Grill and Bar, 721 Diers Avenue, for a Class "I" Liquor License, Contingent Upon Pinal Reports. Motion by Samuelson, second by Seifert to approve the request. Upon roll call I I I Page 6, City Council Regular Meeting, October 25, 1999 vote, Larson, Hosier, Seifert, Whitesides, Samuelson, Sorensen and Murray voted aye. Pielstick voted nay. Motion adopted. Approving Request of Donna Paulsen for Liquor Manager Designation, Concord Neighborhood Corporation, dba Applebee's Neighborhood Grill and Bar, 721 Diers Avenue. Motion by Councilmember Pielstick to deny the request of Concord Neighborhood Corporation due to violations noted on application. The motion died for lack of a second. Motion by Samuelson, second by Seifert to approve. Cindy Johnson, City Clerk, reported that the violations indicated were primarily traffic infractions of a misdemeanor nature. Upon roll call vote, Larson, Hosier, Seifert, Whitesides, Samuelson, Sorensen, and Murray voted aye. Pielstick voted nay. Motion adopted. Approving Appointment of Tom War~ as Councilmember for Ward 5, Replacing Marilyn Lueth, Effective November 8, 1999. Councilmember Whitesides recognized the efforts and contributions Councilmember Lueth had made during her tenure on the City Council. Motion by Whitesides, second by Larson, carried unanimously to appoint Tom Ward as Councilmember for Ward 5 to complete the term of Marilyn Lueth. RESOLUTIONS: #99-338 - Approving Amendment...!.S? IBBW - Utilities Labor Union Contract Relative to Correction to Salary Tables. Charlie Cuypers, City Attorney, reported that the proposed amendment was necessary as a result of the rounding issue brought forth during discussion on the Salary Ordinance. Motion by Murray, second by Seifert to approve. Upon roll call vote, Larson, Hosier, Seifert, Whitesides, Murray, Samuelson and Sorensen voted aye. Pielstick voted nay. Motion adopted. #99-339 - Approving Amendment to IBEW - Finance Labor Union Contract Relative to Correction of Salary Tables. Charlie Cuypers, City Attorney, reported that the proposed amendment was necessary as a result of the rounding issue brought forth during the discussion on the Salary Ordinance. Motion by Murray, second by Seifert to approve. Upon roll call vote, Larson, Hosier, Seifert, Whitesides, Murray, Samuelson and Sorensen voted aye. Pielstick voted nay. Motion adopted. #99-299 - Approving Amendmel1l to AFSCME Labor Union Agreement Relative to the Change in the City's Health and Dental Insurance Co-pay Requirement and Accident Leave, and Definition of Hours Worked for Purposes of Calculating Overtime. Motion by Murray, second by Seifert, to approve. Upon roll call vote, Larson, Hosier, Seifert, Whitesides, Murray, Samuelson, and Sorensen voted aye. Pielstick voted nay. Motion adopted. #99-340 - Approving Amendment to Interlocal Agreement with Central Platte Natural Resources District Relative to Dewatering Project. Steve Riehle, Public Works Director, reported that in December, 1998, the City Council adopted Resolution #98-333, approving an Interlocal Agreement with the Central Platte Natural Resources District to provide for the I I I Page 7, City Council Regular Meeting, October 25, 1999 installation of test wells and monitormg wells to study the ability to lower groundwater levels. Mr. Riehle stated that as originally intended, it would be necessary to secure the services of a consultant to provide engineering assistance in planning a dewatering system in specific areas of the City and to assist with reviewing the number and location of wells, advising where to discharge the pumped water and forwarding information on possible long term effects and different funding options. It was noted that it was anticipated that the cost of the consultant would be shared equally between the City of Grand Island and Central Platte Natural Resources District with the City's share of the project expected to be approximately $50,000. Motion by Seifert, second by Samuelson, carried unanimously to approve. #99-341 - Approving Consideration of Revocation Hearing for J & J, Inc., dba Desert Rose/Backroom. Charlie Cuypers, City Attorney, reported that the City Attorney's Office was recommending that a hearing be held before the Mayor and City Council on Monday, November 8, 1999 to decide whether the Class "C" Liquor License held by J G & J, Inc., dba Desert Rose/Backroom should be revoked based on allegations that on September 15, 1999, the licensee, its manager or agent did allow live persons to appear in the licensed premises in a state of nudity to provide entertainment in violation of Section 4-8 (F) of the Grand Island City Code (1988 Ed.). It was noted that the hearing would include a time limit of 30 minutes per side for receipt of evidence and arg,ument. Motion by Pielstick, second by Sorensen to approve. Councilmember Larson questioned what recourse action would be available to the establishment. Mr. Cuypers stated that the recourse would be to the District Court. Councilmember Whitesides suggested that this portion of the City Code was outdated and needed reviewed and brought up to date. Councilmember Seifert questioned whether prohibiting the dancing was a violation of the First Amendment. Mr. Cuypers responded that the ordinance had been tested in Lincoln and the regulations relative to the sale of alcoholic beverages overrode the First Amendment interest. Councilmember Whitesides stated that if the owner challenged the ruling, it was possible that an injunction would be sought and received. Lewis Kent, 624 East Meves, spoke in opposition to a revocation hearing. Glendale Reiss, 910 North Boggs, spoke in opposition to the revocation hearing. Upon roll call vote, motion to adopt #99-341 was approved unanimously. Backflow Prevention Program. Councilmember Whitesides moved to deny the adoption of Resolutions #99-342, #99-343, and #99-344 and to abandon the backflow program. Second by Pielstick. Councilmember Murray stated that the City would be in violation of State Law if they abandoned the program and that it was the City's responsibility to ensure that the water supply was protected. Councilmember Pielstick questioned if this program was state mandated and if so how come other cOlllil1unities did not have the same type of program. City Attorney Charlie Cuypers and City Administrator MarIan Ferguson noted that other communities did have backflow programs. Randy Stueven, 233 South Gunbarrel Place, stated that the program was important and should not be abandoned but action should be suspended pending a revised recommendation from a new committee. Upon roll call vote on motion to deny the three Resolutions and to abandon the backflow prevention program, Pielstick, Whitesides, and Sorensen voted aye. Hosier abstained. Larson, Seifert, Samuelson, and Murray voted nay. Motion failed. I I I Page 8, City Council Regular Meetiug, October 25, 1999 #99-342 - Approving Backf10w Prevention Program Finance Plan. Motion by Whitesides, second by Murray to approve the proposed financial program for residents to assist with the costs associated with installation of backf10w devices, including: l)Financing of up to $500 of actual cost; 2) Up to five years at the customer's choice; 3) For single family residential only; 4) For materials only if the homeowner does the installation; 5) Finance charge of 8 % annually on the unpaid balance. Upon roll call vote, Larson, Seifert, Whitesides, Murray, and Samuelson voted aye. Pielstick and Sorensen voted nay. Hosier abstained. Mayor Gnadt cast the deciding vote in support of the motion to approve the Finance Plan. Motion adopted. #99-343 - Backf10w Prevention Pr~am Testing Requirements. Motion by Whitesides, second by Murray to approve the recommendation of the Backflow Prevention Program Committee for the testing of backflow devices be extended to once every five years and that City officials be directed to work with the legislative liaison at the League of Nebraska Municipalities to pursue state legislation to change the current requirements on the time period for testing backflow devices. Upon roll call vote, Larson, Seifert, Whitesides, Murray and Samuelson voted aye. Pielstick and Sorensen voted nay. Hosier abstained. Mayor Gnadt cast the deciding vote in support of the motion to approve. Motion adopted. #99-344 - Backflow Prevention Program Implementation Schedule for Residential Customers. Motion by Whitesides, second by Murray to approve the revised implementation schedule for residential customer to provide for all service lines to be protected by 2013 by the following schedule: 1) all residential premises for which a "Cross Connection Survey Form" has not been completed and returned to the Utilities Department shall install appropriate backflow protection measures by June 30, 2002; 2) all residential premises that have private wells, boiler heat, photography labors or other facilities using hazardous chemicals shall install backflow protection devices by June 30, 2004; 3) all residential premises that have lawn sprinkler systems, swimming pools, hot tubs, spas, water softeners or other water treatment systems shall install backflow devices by June 30, 2008; and 4) all other residential by 2013. Upon roll call vote, Larson, Seifert. Whitesides, Murray and Samuelson voted aye. Pielstick and Sorensen voted nay. Hosier abstained. Mayor Gnadt cast the deciding vote in support of the motion to approve. Motion adopted. PA YMENT OF CLAIMS: Motion by Samuelson, second by Murray, carried unanimously to approve the Claims for the period of October 12, 1999 through October 25, 1999, claims #81443, #8f380, #82654, #82849, #82852, #83301, and #83364 through #83938, with one change on account number for Claim #83928. Councilmember Pielstick voted nay on Claim #83495. Councilmember Sorensen voted nay on approval of the Clams. Pielstick, Hosier, Seifert, Whitesides, Murray, Samuelson and Larson voted aye. Motion adopted. ADJOURN TO EXECUTIVE SESSION: Motion by Samuelson, second by Seifert, carried unanimously to adjourn to Executive Session at 8:30 p.m. to discuss acquisition of real estate. I I I Page 9, City Council Regular Meeting, October 25, 1999 RETURN TO REGULAR SESSION: Motion by Pielstick, second by Seifert, carried unanimously to return to Regular Session at 9:01 p.m. ADJOURNMENT: The meeting was adjourned at 9:01 p.m. Respectfully submitted, (}ulci) ~ ~~1J u Cindy K. Johnson City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING November 8, 1999 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 November 3, 1999. Mayor, Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Larson, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Murray, Samuelson and Sorensen. The following City Officials were present: City Administrator Marlan Ferguson, City Clerk Cindy Johnson, Public Works Director Steve Riehle and City Attorney Charlie Cuypers. PLEDGE OF ALLEGIANCE was said, followed by presentation by Katie Kerr and Kristin Ramsey on It's About Kids! Asset. PRESENTATIONS AND PROCLAMATIONS: Recognition of Barb Hull, Handibus Driver, for Placement in Bus Drivers Training and Roadeo. Lois Stienike and Mayor Ken Gnadt presented a certificate of achievement. Recognition of Solid Waste Staff for Receipt of SWANA National Award. Mayor Ken Gnadt and the City Council recognized the employees of the Solid Waste Division for their receipt of the Solid Waste Association of North America (SW ANA) 1999 Excellence in Municipal Solid Waste Management and the 1999 Transfer Station Silver Award for Excellence in Transfer Station Operations. Presentation by EAST Relative to Receipt of Neighborhood Association Awards. Jackie Pielstick and Kevin Trapp and Rick Magana reported that on Saturday, October 30, 1999, the Urban Community Improvement Program (UCIP) awarded the Eastside Action Support Team (E.A.S.T.) with the Good Neighbor Award for their park project, involving the installation of park benches and grills in Lincoln Park, and the Good Neighbor Award for mentoring other Neighborhood Associations, as well as the Neighborhood Excellence Award for their neighborhood being utilized by all members of the community. Proclamations. Cindy Johnson, City Clerk, reported that November, 1999 had been proclaimed as National Hospice Month and also as National Home Care Month. Wanda Smith, 1427 Newcastle Road, spoke on the proclamations. I I I Page 2, City Council Regular Meeting, November 8, 1999 ADMINISTRATION OF OATH TO NEW COUNCILMEMBER: City Clerk Cindy Johnson administered the Oath of Office to newly appointed Councilmember Tom Ward. A brief recess followed. PUBLIC HEARINGS: Public Hearing on Request of Geyerman Family Limited Partnership (Auto Zone ) for Conditional Use Permit at 1717 West 2nd Street. Craig Lewis, Building Inspections Director, reported that Charles W. Hastings, attorney, on behalf of Geyerman Family Limited Partnership, Hastings, Nebraska, in conjunction with AutoZone, Memphis, Tennessee, had submitted a request with the City Clerk's Office for a Conditional Use Permit to allow for parking in the Medium Density Residential (R3) Zoned parking lot. It was noted that the request was being made to facilitate the construction of a new AutoZone Auto Parts Store and to allow for parking in the south half of the east half of the block. Rhoda Bell, and Randy Hess, representing Autozone, were present on behalf of the application. No additional public testimony was heard. Public Hearing on Request for Change of Land Use Designation for Property Located on the North Side of Schimmer Drive, Immediately East of of Highway 281. Craig Lewis, Building Inspections Director, reported that Eulen Whitten, owner, had submitted a request to rezone a parcel of property located on the north side of Schimmer Drive, immediately east of Highway 281, from Transitional Agriculture (TA) Zone to General Business (B2) Zone. It was noted that the purpose of the request was to allow for the adoption of a zoning classification which would represent the past and current use of the property. Mr. Lewis stated that the Regional Planning Commission, at their meeting of November 3, 1999, voted unanimously to approve the request. Eulen Whitten, applicant, was present on behalf of the application. No additional public testimony was heard. Public Hearing on Request of Curl Curl A Corporation, dba Bonzai Beach Club/Wave Pizza Company, 107 North Walnut Street, for a Class "C" Liquor License. Cindy Johnson, City Clerk, reported that Brent Lindner, Chief Executive Officer, representing Curl Curl A Corporation, dba Bonzai Beach Club/Wave Pizza Company, 107 North Walnut Street, had submitted an application with the City Clerk's Office for a Class "C" Liquor License. Ms. Johnson introduced the following exhibits for the record: Application submitted to the Liquor Control Commission and received by the City on October 21,1999; notice to the general public of date, time, and place of hearing published on October 27, 1999; notice to applicant of date, time, and place of hearing mailed on October 25, 1999; chapter 4 of City Code and departmental reports as required by law. No public testimony was heard. The applicant and his legal counsel were present. Public Hearing on Request of Baccanalia, Inc., dba 1. Alfred Prufrock's, 308 North Pine Street, for Class "C" Liquor License. Cindy Johnson, City Clerk, reported that Brent Lindner, Chief Executive Officer, representing Bacchanalia, Inc., dba 1. Alfred Prufrock's, 308 North Pine Street, had submitted an application with the City Clerk's Office for a Class "C" Liquor License. Ms. Johnson introduced the following exhibits for the record: Application submitted to the Liquor Control Commission and received by the City on October 21,1999; notice to the general public of date, time, and place of hearing published on October 27, 1999; notice to the applicant of date, time, and place of hearing mailed on October 25, 1999; Chapter 4 of City Code and 2 I I I Page 3, City Council Regular Meeting, November 8, 1999 departmental reports as required by law. The applicant and his legal counsel were present. No public testimony was heard. Public Hearing on Consideration of Revocation of Class "C" Liquor License. Charlie Cuypers, City Attorney, reported that at the City Council Meeting of October 25, 1999, the Council adopted Resolution #99-341 setting a public hearing by the Mayor and City Council to consider whether the Class "C" Liquor License held by J G & J, Inc., dba Desert Rose, 3235 South Locust Street, should be revoked. Mr. Cuypers stated that the City Attorney's Office alleged that the establishment on September 15, 1999 violated Section 4-8 of the City Code relative to the allowance of live persons appearing in a state of nudity as entertainment. Mr. Cuypers stated that representatives of Desert Rose had agreed to a voluntary one week shut down and that the public hearing on revocation would therefore be removed from the agenda. Public Hearing on Request of J G & J , Inc., dba Desert Rose, 3235 South Locust Street, for Addition to Premises Liquor License. Cindy Johnson, City Clerk, reported that Jason Keeshan, owner, J G & J, Inc., dba Desert Rose, 3235 South Locust Street, had submitted an application with the City Clerk's Office for an Addition to Premises Liquor License, in conjunction with the Class "C" Liquor Licenses presently held. It was noted that the 17' x 17' addition was adjacent to the current licensed premises. Ms. Johnson offered the following exhibits for the record: Application submitted to the Liquor Control Commission and received by the City on October 4, 1999; notice to applicant of date, time and place of hearing mailed October 4, 1999; notice to general public of date, time, and place of hearing published on October 27, 1999; departmental reports as required by law; and Chapter 4 of City Code. 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 Ordinance #8540 be considered for passage on the same day upon reading only and that the City Clerk be permitted to call out the number of the Ordinance on its first reading and then upon its final passage and call for a roll call vote on first reading and then upon final passage. Councilmember Whitesides seconded the motion. Upon roll call vote, Larson, Hosier, Seifert, Whitesides, Ward, Samuelson, Murray and Sorensen voted aye. Pielstick and Preisendorf voted nay. Motion adopted. Mayor: Is there anyone in the audience interested in this ordinance? Councilmember Sorensen stated that he did not support gap paving if the majority of the property owners were against it. Steve Riehle, Public Works Director, reported that previous petition districts to pave Jay Street from Capital Avenue to Dack Avenue had failed in 1994 and in 1996 but that the Public Works Department had studied gaps in paving throughout the city and recommended that a gap paving project be created for this segment of Jay Street. Mr. Riehle stated that the project would provide for the construction of a 37 foot wide paved street with curbing and that approximately 90% of the estimated $51,040 cost would be assessed to adjacent or abutting owners. Councilmember Preisendorf questioned the drainage in this area and suggested that it might not be feasible to proceed with gap paving at this time. Councilmember Larson stated that this issue showed how important it was to ensure that projects were done right when undertaken. Virginia Rush, 4080 West Capital Avenue, and Lisa Heinemann, 4077 Dack Avenue, spoke in opposition to the gap paving. Ms. Heinemann stated that alternatives were available such as paving only part of the street and turning the other area into the park. 3 I I I Page 4, City Council Regular Meeting, November 8, 1999 Councilmember Murray stated that the City needed to install curb and gutter but those needs had to be balanced against individual needs. Mr. Murray added that he had some concerns with Mrs. Heinemann's proposal including access to areas north, vacation of street and maintenance. City Clerk: Ordinance #8540 on its first reading. All those in favor of the passage of this ordinance on its first reading, answer roll call vote. Upon roll call vote, all voted nay. Motion failed. Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that Ordinances numbered: #8541 - Consideration of Request for Change of Land Use Designation #8542 - Consideration of Assessment Repayment Timetable for Sanitary Sewer District #489, Industrial Park 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. Councilmember Seifert seconded the motion. Upon roll call vote, motion was adopted unanimously. Mayor: Is there anyone interested in any of these ordinances? No comments were made. Clerk: Ordinances #8541 and #8542 on their first reading. All those in favor of the passage of these ordinances on their first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted unanimously. Clerk: Ordinances #8541 and #8542 on their final passage. All those in favor of the passage of these ordinances on their final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted unanimously. Mayor: By passage of the Ordinances on their first reading and then upon final passage, Ordinances #8541 and #8542 are declared to be lawfully passed and adopted upon publication as required by law. CONSENT AGENDA: Motion by Pielstick, second by Seifert, carried unanimously to approve the Consent Agenda. Receipt of Official Documents Including Minutes from Zoning Board of Adjustment Meeting of September 14, 1999. Approving Revised Minutes of October 25, 1999 City Council Meeting. Councilmember Ward abstained from voting on this issue. Approving Request of Jeffrey T. Olsen for Liquor Manager Designation, Carlos O'Kelly's, Inc., 1810 Diers Avenue. 4 I I I Page 5, City Council Regular Meeting, November 8, 1999 Approving Request of Cynthia Bryant for Liquor Manager Designation, Grand Island Pizza Hut, Inc., 1608 South Locust Street. Approving Request of Curl Curl A Corporation, dba Bonzai Beach Club/Wave Pizza Company, 107 North Walnut Street for Class "COO Liquor License. Councilmember Samuelson questioned the ownership of the facilities and the ability to effectively manage multiple liquor licenses. Mike Johnson, attorney for the applicant, responded. Councilmember Pielstick voted nay on the request. Approving Request of Class "COO Liquor License, Bacchanalia, Inc., dba J Alfred Prufrock's, 308 North Pine Street. Councilmember Pielstick voted nay on the request. Approving Request of Brent Lindner, 2323 Bellwood Drive, #143, for Liquor Manager Designation for Curl Curl A Corporation, dba Bonzai Beach Club/Wave Pizza Company, 107 North Walnut Street and J. Alfred Prufrock's, 308 North Pine Street. Councilmember Pielstick voted nay. Approving Request of Randall L. Wiges for Liquor Manager Designation, Riverside Golf Club, 2820 Riverside Drive. Councilmember Pielstick voted nay. Approving Appointment of Councilmember Ward to Business Improvement District Board #2 for a Term to Expire December 31, 1999. Approving Request of Geryman Family Limited Partnership In Conjunction with AutoZone for Conditional Use Permit to Allow Parking at 1717 West 2nd Street. Approving Request of WDS & E, on behalf of Perkins Family Restaurant, Highway 281, for License Agreement for Placement of Sign. #99-345 - Approving Final Plat and Subdivision Agreement for Home Federal Subdivision. It was noted that Home Federal Savings and Loan Association of Grand Island, Nebraska, Marcus J. and Pamela H. Snow, and Brian C. and Caren L. Hamilton, owners, had submitted the final plat for Home Federal Subdivision, located immediately west of Webb Road and immediately south of Stolley Park Road, in order to resubdivide five (5) existing lots into three larger lots, to allow future development to occur contrary to the originally plotted lots. #99-346 - Approving Final Plat and Subdivision Agreement for The Village Second Subdivision. It was noted that Thayer Family, L. L. C. , a Nebraska Limited Liability Company, owner, had submitted the final plat for The Village Second Subdivision, located southwest of Woodland Drive and west of Ramada Road in order to modify the existing Village Subdivision and provide for the addition of double car garages onto the existing building layout. #99-347 - Approving Contract with Capital Heights Swim Club for $3,000. #99-348 - Awarding Bid for Uniform Rentals to Jackson Services, Inc. Columbus, Nebraska. #99-349 - Awarding Bids for Police Vehicles to Hamilton Chevrolet, Grand Island, Nebraska, in the Amount of $30,444. 5 I I I Page 6, City Council Regular Meeting, November 8, 1999 #99-350 - Awarding Bid for Pickup Truck to Nebraska Truck Center, Grand Island, Nebraska, in the Amount of $24,447. #99-351 - Awarding Bid for Motor Grader to Nebraska Machinery, Doniphan, Nebraska, in the Amount of $50,500. #99-352 - Approving Change Order #1 to Contract with Hooker Brothers, Inc. for Erosion Sedimentation Control and Seeding Work at the Landfill, in the Amount of $4,190. #99-353 - Approving Concurrence with State of Nebraska Bid Relative to South Locust Street Project to Werner Construction of Hastings, Nebraska. #99-354 - Approving Certificate of Final Completion for Downtown Parking Lot - Concrete Island Project. #99-355 - Approving Certificate of Final Completion for Erosion and Sedimentation Control, Landfill. #99-356 - Approving Change Order #2 to Contract with The Diamond Engineering Company for Downtown Alley Improvement Project #99-UG-1, in the Amount of $8,673.72. #99-357 - Approving Amendment to Agreement with Central Platte Natural Resources District Relative to Wet Land Project at City Well Field. REQUESTS AND REFERRALS: Consideration of Revocation of Class "C" Liquor License. This item was pulled from the agenda. Approving Request of J G& J, Inc., dba Desert Rose, 3235 South Locust Street, for Addition to Premises Liquor License. Motion by Seifert, second by Whitesides, carried unanimously to approve. Approving Appointment of Larry Fox, Jr. as Interim Finance Director and Acting City Treasurer. Motion by Seifert, second by Samuelson to approve. Councilmember Sorensen asked if the process for replacement had been started. Marian Ferguson, City Administrator, reported that it had and it was anticipated that a new Finance Director would be on board by mid-January. Upon roll call vote, Larson, Hosier, Seifert, Preisendorf, Whitesides, Ward, Samuelson, Murray and Sorensen voted aye. Pie1stick voted nay. Motion adopted. PA YMENT OF CLAIMS: Motion by Samuelson, second by Preisendorf, carried unanimously to approve the Claims for the period of October 26, 1999 through November 8, 1999, claims #83261, #83497, and #83939 through #84406. ADJOURNMENT: The meeting was adjourned at 8:25 p.m. Respectfully submitted, 6 " I I Page 7, City Council Regular Meeting, November 8, 1999 ~~K~ Cindy K. Johnson City Clerk 7 I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION November 15, 1999 Pursuant to due call and notice thereof, a Study Session 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 November 15, 1999. Notice was given in the Grand Island Independent on November 10, 1999. Notice of the Special Ribbon Cutting and Tour at 5 p.m. were published on November 10, 1999. Mayor Gnadt called the meeting to order at 6:00 p.m., following the ribbon cutting of the hike and bike trail and a tour of the renovated Pine Street Power Station. The following members were present: Mayor Gnadt, Councilmembers Larson, Pielstick, Hosier, Preisendorf, Whitesides, Samuelson, Murray and Sorensen. Ward and Seifert were absent. The following City Officials were present: City Administrator Marian Ferguson, City Clerk Cindy Johnson, Public Works Director Steve Riehle, Acting Finance Director Larry Fox, and City Attorney Charlie Cuypers. Proclamations: Representatives from the Teachers' Association were present to speak on American Education Week, November 14-20, 1999. Merry Von Seggren, children's librarian, spoke on behalf of Children's Book Week, November 15-21, 1999. Presentation on Solid Waste Integrated Resource Plan. Steve Riehle, Public Works Director, and Bruce Jones, Solid Waste Superintendent, presented an update on the Integrated Solid Waste Management Plan. Mr. Riehle reported that the goals and objectives of the Integrated Solid Waste Management Plan were being met or exceeded, including a waste reduction goal of 50% by July 1, 2002. It was reported that the continuing goals were to manage solid waste in an economical and environmentally sensitive manner, encourage volume reduction at the source by recycling, reuse, and composting. Bruce Jones reported that the objectives were accomplished by monitoring and encouraging waste reduction, recycling and reuse, using fees to fund landfill operations, and including citizen participation in future programs. Discussion was held on the time line for implementation of LB1257, Integrated Solid Waste Management Act. It was noted that the time line had required a 40% waste reduction goal by July 1, 1999 that would be increased to 50% waste reduction by July 1, 2002. Mr. Jones outlined the existing waste management system and noted that Cell 1 and Cell 2 of the landfill had been opened and that Cell 3 had not yet been opened but that the remaining life of Phase I was estimated at 26 years. It was noted that the total tonnage for fiscal year 1997-1998 was 67,970. Discussion was held on the types of materials deposited at the landfill and the reduction in each type of material. I I I Page 2, City Council Study Session, November 15, 1999 Discussion on Plans for Seeking Bonding from South Locust Street Project. Steve Riehle, Public Works Director, provided an update on the plans to finance portions of the South Locust Project and Wood River Flood Control Project, as per the resolution of intent adopted by the City Council on July 12, 1999. Mr. Riehle reported that the Central Platte Natural Resources District was progressing with acquisition of right-of-way for the Wood River Flood Control project and that construction bids had been awarded to Werner Construction Company at the November 8, 1999 Council Meeting for the south section of the South Locust project. Mr. Riehle stated that work would start this winter for completion in the fall of 2000 on the first segment. It was noted that the City Council would be asked to consider the issuance of $1.1 million in Various Purpose Bonds for flood control; $1.887 million plus bonding expenses in Various Purpose Bonds for Street Improvement for the construction of South Locust Street south of Highway 34; $394,845 plus bonding expenses for Various Purpose Bonds for Street Improvement for engineering design services for the north segment of the project; and the issuance of $1 million plus bonding expenses for right-of-way acquisition for South Locust Street from Stolley Park Road to Highway 34 as a Bond Anticipation Note. It was noted that these improvements were included in the 1999-2000 Annual Budget. Discussion on Redevelopment Efforts for Former City Hall. Dave Albers, developer, updated the City Council on his efforts to fulfill the option he had entered into with the City for development of the Former City Hall. Mr. Albers stated that he had encountered difficulty securing agreement from tenants for the office space and that inasmuch as his contract with the City had expired he would not be continuing with the option to develop the facility. Councilmember Murray questioned how competitive the rental rates were with other developments. Mr. Albers responded that it was difficult to bring the rate structure down to less than 30-40 % higher than many other facilities due to the higher costs of redevelopment versus new construction but that receiving historic tax credits would help with the costs. Councilmember Preisendorf noted that he had received a telephone call from an individual who had expressed interest initially so there may be other options. Marian Ferguson, City Administrator, stated that he too had received a telephone call from an individual who had not previously shown interest. Mr. Ferguson briefly addressed the issue of the joint City/County Facilities Master Plan and noted that the former City Hall would be a part of that study. Councilmember Whitesides stated that the City might have to consider becoming more involved in assisting the renovation of the building. Briefing on League of Nebraska Municipalities Doses Response Study for Copper in Drinking. Water. Charlie Cuypers, City Attorney, reviewed the history of the Copper Ruling and noted that Nebraska's representatives (Senate and Congress) had met with municipal officials and Environmental Protection Agency officials to discuss negotiating with the state on expenses associated with installing treatment processes as adopted by law. Mr. Cuypers noted that this legislation was to require treatment processes to address the copper in what that was picked up as it went through the water system in people's houses and not in the municipal source water. It was noted that not a single individual in Nebraska had gotten ill from the effects of copper in the water supply. Mr. Cuypers went on to say that the Department of Health and Human Services had negotiated for some time with the EP A, but that nothing had been accomplished I I I Page 3, City Council Study Session, November 15, 1999 for quite some time at that level but that the affected municipalities and the League had been working with MDS Harris Laboratory, a national known scientific laboratory, and had corne up with a scientific study in a controlled environment to determine the effect of copper in distilled water. It was noted that the test would involve 54 participants who would be administered differing levels of copper in distilled water and who would then have blood tests and tissue tests taken to determine what impact, if any, the copper had had. Councilmember Whitesides noted that the EP A seemed to take on a new chemical every year. Mr. Cuypers responded that the EP A requirement was in response to the Safe Drinking Water Act that regulated over 60 chemicals. Mayor Gnadt requested Steve Paustian, Parks and Recreation Director, to provide a brief update on the skateboarding meeting that had taken place at 6 p.m. Mr. Paustian noted that there had been over 200 in attendance and that several had volunteered to help work on the development of a plan to present to Council at the public hearing for next year's budget. Adjournment. The meeting was adjourned at 7:25 p.m. Respectfully submitted, c~~tt~~ City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING November 22, 1999 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 November 17, 1999. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Larson, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Ward, Samuelson, Murray and Sorensen. The following City Officials were present: City Administrator Marlan Ferguson, City Clerk Cindy Johnson, City Attorney Charlie Cuypers, Public Works Director Steve Riehle, and Interim Finance Director Larry Fox. PLEDGE OF ALLEGIANCE was said, followed by INVOCATION given by Councilmember Whitesides. RESERVE TIME TO SPEAK ON AGENDA ITEMS: One individual reserved time to speak on agenda items. PRESENTATIONS AND PROCLAMATIONS: None Scheduled. BOARD OF EQUALIZATION: Motion by Murray, second by Sorensen, carried unanimously to adjourn to the Board of Equalization. #99-BE-18- Determining Benefits for Street Improvement District #1212, Ada Street. Steve Riehle, Public Works Director, reported that in its capacity as the Board of Equalization, it was necessary for the City of Grand Island Council to consider the determination of benefits associated with Street Improvement District #1212, Ada Street - Stolley Park Road to north line of Dawn Addition. No public testimony was heard. Motion by Pielstick, second by Seifert, carried unanimously to approve. #99-BE-19 - Determining Benefits for Street Improvement District #1218, Juergen Road. Steve Riehle, Public Works Director, reported that in its capacity as the Board of Equalization, it was necessary for the City of Grand Island Council to consider the determination of benefits associated with Street Improvement District #1218 - Juergen Road at the Platte Valley Industrial Site. No public testimony was heard. Motion by Pielstick, second by Seifert, carried unanimously to approve. #99-BE-20 - Determining Benefits for Sidewalk District #1, 1999. Steve Riehle, Public Works Director, reported that in its capacity as the Board of Equalization, it was necessary for the City of Grand Island Council to consider the determination of benefits associated with I I I Page 2, City Council Regular Meeting, November 22, 1999 Sidewalk District No.1, 1999 - Part of the SE1I4SE1I4 of 20-11-9 West of the 6th P.M. in Grand Island, Hall County lying west of Arthur and north of Stolley Park Road. It was noted that this district had been created by Council on August 23, 1999 in order to provide for the construction of a sidewalk within the district. No public testimony was heard. Motion by Pielstick, second by Seifert, carried unanimously to approve. RETURN TO REGULAR SESSION: Motion by Samuelson, second by Preisendorf, carried unanimously to return to Regular Session. PUBLIC HEARINGS: Public Hearing on Acquisition of Utility Easement. Gary Mader, Utilities Director, reported that acquisition of a utility easement west of Gunbarrel Road, South of Burlington Northern and Santa Fe Railroad tracks and north of Stolley Park Road, was required in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers and that the easement would be used to locate underground electrical lines and a transformer to serve a new home at this location. No public testimony was heard. Public Hearing on Acquisition of Utility Easement. Gary Mader, Utilities Director, reported that acquisition of a utility easement in the Bosselman 2nd Subdivision was required in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers and that the easement would be used to locate underground electrical lines and a transformer to serve the new rental storage units at that location. No public testimony was heard. Public Hearing on Acquisition of Utility Easement. Gary Mader, Utilities Director, reported that acquisition of two utility easements to the west of Diers Avenue, south of 13th Street, behind the strip mall between Whiskey Creek and Kmart was required in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers and that the easements would be used to re-locate underground electrical primary wires and a transformer that would serve both Whiskey Creek and the new Slumberland Furniture building. No public testimony was heard. Public Hearing on Issuance of Flood Control Bonds. Steve Riehle, Public Works Director, reported that as discussed at the City Council Study Session of November 15, 1999, the City was anticipating issuing bonds to finance portions of the South Locust Project and Wood River Flood Control Project. It was noted that a resolution of intent to do so was adopted by the City Council on July 12, 1999. Mr. Riehle added that the project required $1.1 million in Various Purpose Bonds for the Wood River Flood Control Project and $1,925,000 in Various Purpose Bonds for Street Improvements for the South Locust Street south of Highway 34 and that additionally, a bond anticipation note was required for short term financing for the right of way acquisition from Stolley Park Road to Highway 34. Bill Beavers, Bond Counsel, presented information on the bonding process and reported that municipalities rarely undertook capital improvement projects with cash. Mr. Beavers stated that the interest rate on the Wood River Project bonds was 5.21 % and that there was no penalty if the bonds were called early or were refinanced. Chuck Schmidt, 1821 North Hancock, spoke on the issue. Marlan Ferguson, City Administrator, reported that the low finance rates and high investment rates made it logical for the City to bond these capital improvement projects rather than pay cash. Discussion was held on the reserve level. Interim Finance Director Larry Fox reviewed the City's policy relative to encumbrances and the projected cash balance as it related to state law. 2 I I I Page 3, City Council Regular Meeting, November 22, 1999 Mr. Fox stated that the City had projected to end the fiscal year with a reserve balance of $11.4 million and that the ending balance was in fact $11.7 million, minus $600,000 for encumbrances, leaving a balance of $11.1 million. Mr. Ferguson noted that a number of projects were planned that would draw down the reserves to $7 million by the end of this fiscal year. No additional 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: #8543 - Considering Issuance of 1999 Various Purpose Bonds (Flood Control Project and South Locust Street Improvement Project #8544 - Considering Issuance of 1999 Bond Anticipation Note for Right-of-Way Acquisition for South Locust Street Project 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. Councilmember Samuelson seconded the motion. Upon roll call vote, all voted aye. Motion adopted. Mayor: Is there anyone in the audience interested in either of these ordinances? Clerk: Ordinances #8543 and #8544 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. Clerk: Ordinances #8543 and #8544 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. Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinances #8543 and #8544 are declared to be lawfully passed and adopted upon publication as required by law. Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinances numbered: #8545 - Considering Request for Vacation of Easements #8546 - Assess and Levy a Special Assessment for Street Improvement District #1212, Ada Street #8547 - Assess and Levy a Special Assessment for Street Improvement District #1218, Juergen Road #8548 - Assess and Levy a Special Assessment for Sidewalk District #1, 1999 Stolley Park Road #8549 - Considering Conveyance of Community Development Property to Habitat for Humanity #8550 - Considering Request for Vacation of Easement 3 I I I Page 4, City Council Regular Meeting, November 22, 1999 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. Councilmember Seifert seconded the motion. Mayor: Is there anyone in the audience interested in either of these ordinances? Clerk: Ordinances #8545, #8546, #8547, #8548, #8549, and #8550 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. Clerk: Ordinances #8545, #8546, #8547, #8548, #8549, and #8550 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. Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinances #8545, #8546, #8547, #8548, #8549, and #8550 are declared to be lawfully passed and adopted upon publication as required by law. CONSENT AGENDA: Motion by Pielstick, second by Samuelson carried unanimously to approve the Consent Agenda, minus G-lO as removed from the Agenda by City Attorney Charlie Cuypers. Approving Minutes of November 8, 1999 City Council Meeting and November 15, 1999 City Council Study Session. Councilmember Ward abstained from voting on the minutes of the November 15, 1999 City Council Meeting. Councilmember Seifert abstained from voting on the minutes of the November 15, 1999 City Council Meeting. Approving Liquor Manager Designation, Fraternal Order of Eagles, 213 North Sycamore Street. Approving Request of Horne Federal Savings and Loan Association, 221 South Locust Street, for License Agreement for Use of an Easement to Connect Sanitary Sewer and Water. Approving Request of Monte Hehnke on Behalf of Neighborhood Association for Use of Easement for Installation of Proposed Concrete Drain for Jeffrey Oaks Subdivision III, Lots 28 through 36. Approving Appointment of Barry Sandstrom to Community Redevelopment Authority for a Term to Expire October 10, 2002. #99-358 - Approving Acquisition of Utility Easement West of Gunbarrel Road (Patrick O'Neill). #99-359 - Approving Acquisition of Utility Easement in Bosselman 2nd Subdivision (Lorin R. and Kay J. Downing). #99-360 - Approving Request of Mid-Country Trading, LLC for Acquisition of Utility Easement to the West of Diers Avenue, South of 13th Street, Behind the Strip Mall Between Whiskey Creek and K-mart. 4 I I I Page 5, City Council Regular Meeting, November 22, 1999 #99-361 - Approving Request of Mid-Country Trading, LLC for Acquisition of Utility Easement to the West of Diers Avenue, South of 13th Street, Behind the Strip Mall Between Whiskey Creek and K-mart. #99-362 - Awarding Bid for Pickup Under State Contract to Park Place Chevrolet, Lincoln, Nebraska In the Amount of $13,765.77. #99-363 - Approving Contract for Employee Long-Term Disability Insurance to Guarantee Life. #99-364 - Approving Contract for Renewal of AS/400 Maintenance Agreement in the Amount of $16,273.98. #99- 365 - A warding Bid for Turbine Hall Roof Painting to Hartman Walsh Painting Company, St. Louis, Missouri, in the Amount of $96,800. #99-366 - Awarding Bid for Combustion Turbine Generator Technical Services to G. E. International, Omaha, Nebraska in the Amount of $46,365. #99-367 - Awarding Bid for Vehicle Exhaust Ventilation System to Yant Equipment, Inc., Grand Island, Nebraska in the Amount of $11,790.50. #99-368 - Awarding Bid for 28,000# Four Wheel Drive Loader to Nebraska Machinery Company of Doniphan, Nebraska, in the Amount of $60,004. #99-369 - Awarding Bid for Vertical Aerial Lift Platform to Matt Friend Truck Equipment, Inc., Hastings, Nebraska, in the Amount of $20,200 (net). #99-370 - Approving Contract with Grand Island Dive and Rescue Team in the Amount of $2,000. #99-371 - Approving Contract for Solid Waste Consulting Services to Olsson & Associates, Lincoln, Nebraska, in the Amount of $51,776. #99-372 - Approving Contract with NPPD Relative to Transformer Replacement. #99-373 - Amending User Fee Schedule Relative to Golf Course Fees and Fire Sprinkler System Connection Fees. #99-374 - Approving Certificate of Final Completion for Downtown Parking Lot Project - Landscape Segment. #99-375 - Consideration of Interlocal Agreement with Hall County Relative to CDBG Funds for Airport. This item was removed from the Agenda at the request of the City Attorney. PAYMENT OF CLAIMS: Motion by Samuelson, second by Whitesides, carried unanimously to approve the Claims for the period of November 9, 1999 through November 22, 1999, 5 I I I Page 6, City Council Regular Meeting, November 22, 1999 claims #84339, #84245, and #84407 through #84902. Councilmember Preisendorf abstained from voting on Claim #084770. Councilmember Whitesides abstained from voting on Claim #084725. ADJOURNMENT: The meeting was adjourned at 7:40 p.m. Respectfully submitted, ~~ City Clerk 6 I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING December 6, 1999 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 December 1, 1999. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Larson, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Samuelson, Murray, and Sorensen. Ward was absent. The following City Officials were present: City Administrator Marlan Ferguson, City Clerk Cindy Johnson, Interim Finance Director Larry Fox, City Attorney Charlie Cuypers, and Assistant Public Works Director Bud Buettner. PLEDGE OF ALLEGIANCE was said followed by update by Brian Sapp on It's About Kids! Asset #5. PRESENTATIONS: Recognition of Problem Resolution Team Members. Mayor Gnadt and the City Council, as well as Sheriff Jerry Watson, recognized Craig Lewis, Building Inspections Director, and Brenda Branstiter, Code Enforcement Officer, for their on-going efforts at improving the appearance of Grand Island. Presentation of Certificate of Appreciation to Jim Foster. Mayor Gnadt and the City Council recognized Jim Foster for his recent receipt of the Statewide Arboretum Award, recognizing the beautification efforts Jim has made to the landscaping of Grand Island. Presentation by Bill Stovall, Manager of the Central Nebraska Regional Airport. Mr. Stovall presented an update on the status of the Central Nebraska Regional Airport, and reported that the Airport had received some funding to assist with renovations and construction of an improved runway and that the City, Economic Development Authority and County had been working on an Interlocal Agreement to provide funding to help locate a new business to the Airport Industrial Park. Mr. Stovall stressed that the City of Grand Island and Hastings needed to partner to implement some of the important programs being proposed. Mr. Stovall stated that the City of Hastings had pledged $5,000 to help with the marketing campaign for the Airport and asked the City of Grand Island to do the same. It was noted that the Airport Authority was attempting to recruit a new airline that would add three new eastern flights per day. Councilmember Seifert requested that the issue of funding for the marketing plan be on the next City Council agenda. ELECTION OF COUNCIL PRESIDENT. Cindy Johnson, City Clerk, reported that the City Council was required to elect one Councilmember to the office of Council President for a one year period and that the Council President automatically assumed the duties of the Mayor in I I I Page 2, City Council Regular Meeting, December 6, 1999 the event that the Mayor was absent or otherwise unable to fulfill his duties. Ms. Johnson reported that Nebraska law allowed the election of the Council President to be by secret ballot but that the total number of votes for each candidate had to be stated and recorded in the Minutes. Nominations were opened. Councilmember Murray nominated Councilmember Samuelson. Councilmember Pielstick nominated Councilmember Whitesides. Nominations ceased. Ballots were cast. The City Clerk reported that Councilmember Whitesides had received 4 votes and that Councilmember Samuelson had received 5 votes. Mayor Gnadt cast the 6th and deciding vote for Councilmember Samuelson. Councilmember Samuelson was declared the new Council President. Councilmember Whitesides then moved that Samuelson be elected by a unanimous vote. Second by Sorensen. Motion was adopted unanimously. PUBLIC HEARINGS: Public Hearing on Acquisition of Utilities Easement Between Seedling Mile Road and Highway 30. Bud Buettner, Assistant Public Works Director, reported acquisition of a utility easement between Seedling Mile Road and Highway 30, east of Stuhr Road, was required in order to have access to install, upgrade, maintain, and repair sanitary sewer facilities and that the easement would be used to locate a sanitary sewer service line to this property. No public testimony was heard. Public Hearing on Request of Big Kmart, 3535 West 13th Street, for Class "B" and Class "K" Liquor Licenses. Cindy Johnson, City Clerk, reported that Floyd Hall, Chief Executive Officer, representing Kmart Corporation, dba Big Kmart #3907, 3535 West 13th Street, had submitted an application with the City Clerk's Office for a Class "B" and Class "K" Liquor License. Ms. Johnson offered the following exhibits for the record: Application submitted to the Liquor Control Commission and received by the City on November 8, 1999; notice to applicant of date, time, and place of hearing mailed on November 12, 1999; notice to the general public of date, time, and place of hearing, published on November 20, 1999; departmental reports as required by law; and Chapter 4 of City Code. No public testimony was heard. Public Hearing on Re-Adoption of Official City Zoning Map. Charlie Cuypers, City Attorney, reported that it was recommended that the City Council officially re-adopt the official City Zoning Map periodically to reflect modified city limits and that the Regional Planning Commission, at it's meeting of December 1, 1999, recommended approval. No public testimony was heard. Public Hearing on Request of Jack and Carol Pedersen, 1520 North Lafayette, for Conditional Use Permit for Construction of Detached Garage. Craig Lewis, Building Inspections Director, reported that Jack and Carol Pedersen, 1520 North Lafayette, had submitted a request for a Conditional Use Permit to allow for the construction of a detached garage. No public testimony was heard. CONSENT AGENDA: Motion by Whitesides, second by Seifert, carried unanimously to approve the Consent Agenda. Minutes of November 22, 1999 City Council Meeting. Approving Request of Kmart Corporation, dba Big Kmart #3907, 3535 West 13th Street, Class "B" and Class ilK" Liquor Licenses. Councilmember Pielstick voted nay on this request. I I I Page 3, City Council Regular Meeting, December 6, 1999 Approving Request of Michael Staab for Liquor Manager Designation, Kmart Corporation, dba Big Kmart #3907, 3535 West 13th Street. Councilmember Pielstick voted nay on this request. #99-376 - Awarding Proposal for Vending Machine Services to Great Plains Vending/Coca- Cola Enterprises, Inc., Grand Island, Nebraska. #99-377 - Approving Contract with Family Violence Coalition. #99-378 - Approving Contract with Nebraska Children and Families Foundation (Family Preservation) for Third Year Funding in the Amount of $50,000. #99-379 - Awarding Bid for Street Sweeper to EDM Equipment Company, Lincoln, Nebraska in the Amount of $85,719. #99-380 - Awarding Bid for Utility Tractor to Toners, Inc., Grand Island, Nebraska in the Amount of $18,792 After Trade In. #99-381 - Approving Contract with Windstone, Inc., Lincoln, Nebraska for GIS Services in the Amount of $38,400 for Phase I. #99-382 - Awarding Bid for Police Vehicles to Anderson Ford, Grand Island, Nebraska in the Amount of $124,248. #99-383 - Awarding Bid for Two Wheel Drive Pickup Under State Contract to Lincoln Dodge, Inc., Lincoln, Nebraska in the Amount of $17,416.75. #99-384 - Approving Interlocal Agreement with Hall County and Community Redevelopment Authority Relative to Joint Facilities Master Plan. #99-385 -Approving City Council Meeting Schedule for 2000. #99-386 - Approving Acquisition of Utility Easement Between Seedling Mile Road and Highway 30, east of Stuhr Road. Councilmember Preisendorf abstained from voting on this Resolution. #99-387 - Approving Final Plat and Subdivision Agreement for Heavenly Haven Third Subdivision. It was noted that David L. and Beth D. Nelson, owners, had submitted the final plat for Heavenly Haven Third Subdivision, located south of US Highway 34 and immediately west of Blaine Street in order to divide an existing 15.252 acre tract of land into four residential lots . #99-388 - Approving Final Plat and Subdivision Agreement for Lamberts Third Subdivision. It was noted that Trent R. and Susan D. Huff, owners, had submitted the final plat for Lamberts Third Subdivision, located south of 7th Street and east of Congdon Avenue in order to create an additional residential lot of approximately 20,000 square feet. #99-389 - Approving Re-Adotion of Official City Zoning Map. I I I Page 4, City Council Regular Meeting, December 6, 1999 #99-390 - Approving Continuation and Construction of Street Improvement District #1225, Allen Drive from Faidley A venue to 13th Street. #99-391 - Approving Change Order to Contract for Asphalt Maintenance Project #99-AC-1 at a Net Increase of $11,329.39 for a Revised Contract Amount of $338,331.59. #99-392 - Approving Certificate of Final Completion for Street Improvement Project 99-P-8, Shoofly on Locust Street at Wood River Diversion Bridge. #99-393 - Approving Certificate of Final Completion for Asphalt Maintenance Project #99- AC-1. #99-394 - Amending Resolution Relative to Sale and Discharge of Fireworks. REQUESTS AND REFERRALS: Approving Request of Floridalma Sandoval and Carlos Escalante Tellez, 407 East Oklahoma A venue, for License Agreement to Allow Infringement of Garage on City Easement. Denying Request of Jack and Carol Pedersen, 1520 North Lafayette, for a Conditional Use Permit to Allow for the Construction of a Detached Garage. Craig Lewis, Building Inspection Director, reported that the request had been reviewed by the Building, Legal, Utilities, Regional Planning, and Public Works Departments and that approval was recommended with the condition that no building permit be issued for the accessory building until a permit was issued for the rehabilitation of the fire damaged dwelling on the property. Motion by Sorensen, second by Whitesides to approve the request with the condition that no building permit be issued for the accessory building until a permit is issued for the rehabilitation of the fire damaged dwelling on the property. Councilmember Pielstick questioned why a garage was needed if there was not a house on the property. Jack Pedersen, 1520 North Lafayette, stated that he planned to eventually build a house on that property. Craig Lewis stated that if there was not a house it was not legal to have the garage on the site. Councilmember Samuelson asked if the request could be considered with a specified time frame for construction of the house. Mr. Lewis stated that it would be difficult from a legal standpoint to enforce and that it would be better to say that the permit for the garage would be issued at the same time as the permit for the house. Councilmember Preisendorf questioned how long the house had been in a fire damaged condition. Mr. Pedersen responded six months. Councilmember Larson asked if the house was repairable. Mr. Pedersen stated that it would be more fiscally responsible to build a new house and that he planned to do so in the next several years. Councilmember Whitesides questioned when demolition would take place. Mr. Pedersen stated that he would like to demolish the house at the same time that the garage was constructed. Upon roll call vote to approve the request with the conditions set forth in the recommendation, Councilmembers Whitesides, Sorensen, Murray and Samuelson voted aye. Councilmember Larson, Pielstick, Hosier, Seifert, and Preisendorf voted nay. Motion failed. RESOLUTION: #99-395 - Approving 1998-1999 Encumbrances. Interim Finance Director Larry Fox reported that the Finance Department was presenting for approval the fiscal year end encumbrances to I I I Page 5, City Council Regular Meeting, December 6, 1999 ensure for utilization of the unused appropriation from the previous fiscal year and that in September, the Finance Department met with each department to review the outstanding encumbrances. It was noted that the encumbrances would be "rolled forward" to allow the unused appropriation from FY 1998-1999 to be used in the current year budget and that the encumbrances had been included in departmental cash projections during the budget process so there is no cash flow effect on this years budget. Motion by Sorensen, second by Seifert, carried unanimously to approve. PAYMENT OF CLAIMS: Motion by Samuelson, second by Murray, carried unanimously to approve the Claims for the period of November 23, 1999 through December 6, 1999, claims #84564, #84754, #84630, and #84903 through #85294. Councilmember Samuelson abstained from voting on Claim #84951. ADJOURNMENT: The meeting was adjourned at 8:02 p.m. Respectfully submitted, ~~^I\' K ~~ Cindy K};ijso~ ) City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING December 20, 1999 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 December 15, 1999. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Larson, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Ward, Samuelson, Murray and Sorensen. The following City Officials were present: City Administrator Marlan Ferguson, City Attorney Charlie Cuypers, City Clerk Cindy Johnson, Interim Finance Director Larry Fox, and Public Works Director Steve Riehle. Westpoint Cadet James led the Council in the PLEDGE OF ALLEGIANCE. Jennifer Worthington and Lisa Ewoldt of Youth Leadership Tomorrow presented an It's About Kids! Asset. RESERVE TIME TO SPEAK ON AGENDA ITEMS: Five individuals reserved time to speak on agenda items. PRESENTATIONS AND PROCLAMATIONS: PRESENTATION ON YEAR END FINANCIAL REPORTS. THIS ITEM WAS PULLED FROM THE AGENDA. PUBLIC HEARINGS: Public Hearing on Acquisition of Utility Easement Between First Street and Second Street and Broadwell A venue and Harrison Street. Gary Mader, Utilities Director, reported that acquisition of a utility easement between First Street and Second Street and Broadwell Avenue and Harrison Street, was required in order to locate a new transformer and primary wire to serve the new Auto Zone Parts Store to be built at this location. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Northwest Corner of Parrella Motors, Just Off Of Locust Street. Gary Mader, Utilities Director, reported that acquisition of a utility easement at the northwest corner of Parrella Motors, just off of Locust Street, was required in order to locate a new transformer and primary wire to locate an underground high voltage cable to serve the new Advanced Auto Parts building north of Parrella Motors. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Behind Larson Printing, 724 East 3rd Street, Northeast Corner of Property Bordering Alley and Let's Party Property. Gary Mader, I I I Page 2, City Council Regular Meeting, December 20, 1999 Utilities Director, reported that acquisition of a utility easement behind Larson Printing, 724 East 3rd Street, northeast corner of property bordering alley and Let's Party property, was required in order to locate a transformer to serve the above businesses and as part of the Downtown Underground Project. No public testimony was heard. Public Hearing on Submission of Economic Development Grant Application Relative to Funding to Assist in Infrastructure Development at the Platte Valley Industrial Park. Jerenne Garroutte, Community Development Director, and Pat Downs, Economic Development Director, reported that the City of Grand Island, in conjunction with the Economic Development Corporation, was proposing to apply for grant funding in the amount of $500,000 for the purpose of infrastructure development at the Platte Valley Industrial Park. It was noted that the infrastructure consisted of paving, drainage, water and sanitary sewer and that a preapplication was required by the Economic Development Administration in order to proceed with the grant application and that if the preapplication met the program guidelines, a complete application could be submitted. No public testimony was heard. Public Hearing on Request of Grand Island Public Schools for Conditional Use Permit at 504 North Elm Street. Craig Lewis, Building Inspections Director, reported that Michael Brasfield, representing Grand Island School District, had submitted a request with the City Clerk's Office for a Conditional Use Permit to allow for the construction of a parking lot at 6th Street and Cleburn Street to allow a parking lot at this location to be utilized in conjunction with the proposed renovation of the Old Walnut Junior High School. Mr. Lewis noted that the property was currently zoned "B2" on the south half of the block and "R4" on the north half and a Conditional Use Permit was required in order to allow the proposed parking in the north half of the block. Fred Hoppe, developer of the property, reviewed the request and noted that he had a contract with the School System to develop the property and that the request for a Conditional Use Permit would allow parking in an area that has been used for parking previously. Mr. Hoppe added that he would be looking to acquire additional parking but that would be a separate consideration. It was noted that the development included low to moderate income housing, a renovated auditorium/theater and general business space. Pam Ballard, 610 West 6th Street, Dorothy Shaw, 622 West 6th Street, Laura Emde, 616 West 6th Street, and Rollie Reynolds 239 Lakeside Drive, spoke in opposition to the request. No additional public testimony was heard. Public Hearing on Request of Sluggers, Inc., dba Sluggers Sports Bar, 707 West Anna Street, for Class "C" Liquor License. Cindy Johnson, City Clerk, reported that Robert Buck, Chief Executive Officer, representing Sluggers, Inc., dba Sluggers Sports Bar, 707 West Anna Street, had submitted an application with the City Clerk's Office for a Class "C" Liquor License to replace the existing Class "C" Liquor License currently held by The Brick Bar. Ms. Johnson offered the following exhibits for the record: Application submitted to the Liquor Control Commission and received by the City on December 2, 1999; Notice to applicant of date, time, and place of hearing mailed on December 3, 1999; Notice to the general public of date, time, and place of hearing dated December 9, 1999; Chapter 4 of City Code and Departmental reports as required by law. Ms. Johnson noted that attorney Ron Depue was present on behalf of the applicant and that Mr. Depue had submitted additional information for Council consideration. Ron Depue, attorney, spoke in support of the application. No additional public testimony was heard. I I I Page 3, City Council Regular Meeting, December 20, 1999 Public Hearing on Acquisition of Detention Cell Property South of Westridge School and North of 13th Street. Steve Riehle, Public Works Director, reported that acquisition of property south of Westridge School and North of 13th Street, was required in order to provide for construction of a detention cell at this location and that the detention cell would be located at a site that would allow for the extension of Independence A venue if Council were to approve the extension at some future point. No public testimony was heard. ORDINANCES: #8551 - Approving Natural Gas Rate Structure with Northwestern Public Service. Charlie Cuypers, City Attorney, reported that in June, 1999, Northwestern Public Service Company, the provider of natural gas service to the City of Grand Island, had filed an application to increase natural gas rates asking for a 4.48 % increase in revenues, effective September 1, 1999 and that the cities of Grand Island, Kearney, and Hastings negotiated a decrease to the requested amount. Mr. Cuypers noted that a settlement agreement between Northwestern Public Service and the affected cities had been approved at the October 11, 1999 Council Meeting and that the agreement provided for an annual increase in its rates of $1,146,414. It was noted that the municipalities had been able to negotiate a contribution of $188,000 annually for economic development purposes for these communities. Mr. Cuypers added that a Rate Area Hearing had been held on December 10, 1999. Councilmember Sorensen moved that the statutory rules requiring Ordinances to be read by title on three different days be suspended and that Ordinance #8551 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 its final passage and call for a roll call vote on each reading and then upon final passage. Second by Samuelson. Roll call vote was taken on the motion to suspend the rules. Motion was adopted unanimously. Mayor: Is there anyone interested in this Ordinance? Councilmember Sorensen questioned why the rate increase was retroactive. Charlie Cuypers, City Attorney, reported that the retroactive date related to the filing date and that a negotiated date was agreed to. Councilmember Whitesides questioned the economic development funding that would be returned to the City. Mr. Cuypers stated that the economic development funding would be provided to those cities involved in the rate negotiation and that the City's share was over $80,000. Councilmember Pielstick voiced concern with the timing of the increase during the winter months when costs for heating are higher without the increase. Mr. Cuypers stated that the retroactive amounts would be phased in over a few months and should not be a hardship. City Clerk: Ordinance #8551 on its first reading. All those in favor of the passage of this ordinance on first reading, answer roll call. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #8551 on its final passage. All those in favor of the passage of this ordinance on its final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. I I I Page 4, City Council Regular Meeting, December 20, 1999 Mayor: By reason of the roll call vote on the first reading and then upon final passage, Ordinance #8551 is declared to be lawfully passed and adopted upon publication required by law. CONSENT AGENDA: Councilmember Pielstick requested that items G9c and G6 be removed from the Co~nt Agenda. Councilmember Murray requested that item G8f be removed from the Consent Agenda. It was noted that item G4 had a revision to delete Councilmember Whitesides from the Joint City/County Facilities Master Plan Committee. Motion by Pielstick, second by Larson, carried unanimously to approve the Consent Agenda minus G6, G8f and G9c. Approving Receipt of Civil Service Commission Minutes from October 6, 1999. Approving Minutes of December 6, 1999 City Council Meeting. Councilmember Ward abstained from voting on the minutes. Approving Appointment of Cindy Bennett to the Community Development Board for a Term to Expire July 2001. Approving Appoinments of Councilmembers to Boards and Commissions, Including Councilmembers Bob Sorensen, Fred Whitesides, and Larry Seifert to the City County Communications/Civil Defense Committee; Councilmember Dick Preisendorf to the Building Code Advisory Board; Councilmembers Tom Ward and Dick Preisendorf to the Regional Planning Commission; Councilmembers Tom Ward and Gale Larson to the Downtown Improvement Board; Councilmember Glen Murray to the Legislative Committee - League Board; Councilmember Doug Samuelson to the Transportation Committee; Councilmembers Jackie Pielstick and Fred Whitesides to the Community Development Board; Councilmember Gale Larson to the Grand Island Area Economic Development Corporation Board; Councilmembers Glen Murray and Doug Samuelson to Local Facilities City/County Committee; and Councilmember Dick Preisendorf to the Problem Resolution Team. Approving Request of Dawn Miller for Liquor Manager Designation, Bosselman, Inc., Pump and Pantry #10, 3200 South Locust Street. #99-412 - Approving Request for Token of Appreciation for Water Testing Customers. #99-396 - Awarding Bid for Pickup Truck through State Contract #CA-5358A to Lincoln Dodge, Inc., Lincoln, Nebraska, in the Amount of $15,648.75. #99-397 - Approving Contract with ABB Automation, Englewood, Colorado, for Combustion Turbine Digital Control System in the Amount of $198,868. #99-398 - Awarding Bid for Pickup Trucks through State Contract #CA-5358B, to Park Place Chevrolet, Lincoln, in the Amounts of $20,778.09 and $14,050.02. #99-399 - Awarding Bid for Garbage Hauling Services to Mid-Nebraska Disposal, Inc., Grand Island, Nebraska, in the Amount of $10,857 I I I Page 5, City Council Regular Meeting, December 20, 1999 #99-400 - Awarding Bid for Safety Glasses to Shapka Optical, Grand Island, Nebraska. #99-402 - Approving Acquisition of Utility Easement Between First Street and Second Street and Broadwell A venue and Harrison Street. #99-403 - Approving Acquisition of Utility Easement Northwest Corner of Parrella Motors, Just off of Locust Street. #99-405 - Approving Final Payment for Pier Lake Enhancement Project to Judd Brothers. #99-406- Approving Speed Limit on Diers Avenue North of Faidley Avenue and Concorde A venue. #99-407 - Approving Resolution of Pursuit of Workforce Investment Act One Stop Center Designation. It was noted that in 1998, the Federal Government approved legislation which in effect provided for the first major overhaul to the Job Training Partnership functions in over 15 years and that the legislation addresses streamlining services, elimination of duplication, universal access and accountability. Cindy Johnson, City Clerk, stated that the law required each of three regions in Nebraska to establish a One Stop Center, a physical co-location of services provided by the 19 required partners under the law and that because the designation as a One Stop Center would provide Grand Island and Hall County with an excellent opportunity to participate in the provision of services for employees as well as employers, and because of the facilities available through College Park and Central Community College, a community group had stepped forward and expressed interest in pursuit of Grand Island as the One Stop Center. Approving Request of Grand Island Public Schools for Conditional Use Permit. Motion by Murray, second by Larson to approve the request. Councilmember Pielstick questioned whether the Conditional Use Permit should be in the School's name or the developer's name. Mr. Cuypers, City Attorney, reported that the Conditional Use Permit ran with the property so it was appropriate to have the current owner apply. Councilmember Murray stated that it was his understanding no city funds were being used for this parking and that the CRA was considering acquiring through eminent domain additional properties for more parking. Marian Ferguson, City Administrator, stated that this parking would be financed only by the developer and that it might be included in a tax increment financing application entertained by the Community Redevelopment Authority. Councilmember Preisendorf spoke in support of getting this property back on the tax rolls. Upon roll call vote on motion to approve, Councilmembers Larson, Hosier, Seifert, Preisendorf, Whitesides, Ward, Murray, and Samuelson voted aye. Pielstick and Sorensen voted nay. Motion adopted. #99-401 - Awarding Contract for Zoo Master Plan. Resolution #99-401 Zoo Master Plan. Gale Larson, Zoo Committee Chair, reported that as reported in the Blue Sheets on December 10, 1999, the Parks and Recreation Department, Zoo Division had received proposals for preparing a Master Plan for the Grand Island Heritage Zoo and that two proposals had been received and evaluated based on overall scope of services provided, time line set out in proposal, cost of proposed project and quality of previous, similar projects and proposed plans. Councilmember Larson stated that the recommendation of the Committee was to award the proposal to Zoo Plan, Wichita, Kansas in the amount of $15,000. Motion by Larson, second by Samuelson to approve. Councilmember Murray expressed disappointment that the I I I Page 6, City Council Regular Meeting, December 20, 1999 proposals were limited to considering only the current site and stated that the Council did not have a chance to review the specifications. Councilmember Whitesides voiced agreement with Mr. Murray and stated that adequate room was needed in case of future expansion. City Administrator Marlan Ferguson stated that the contractor could look at other sites if requested to do so. Councilmember Larson noted that the contract provided for input from the community and that alternative sites could be discussed. Mr. Larson stated that the Committee's focus was on ensuring a quality site. Councilmember Presiendorf stated that adequate space was needed for growth and referenced the benefits of having space available at the Water Park for the expansions at that site. Councilmember Murray questioned whether the contract was broad enough to allow for alternate sites. Roll call vote was taken on the motion to award the proposal to Zoo Plan. Upon roll call vote, Larson, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Samuelson, Ward, and Murray voted aye. Sorensen abstained. Motion adopted. #99-404 - Approving Acquisition of Utility Easement Behind Larson Printing, 724 East 3rd Street, Northeast Corner of Property Bordering Alley and Let's Party Property. Councilmember Pielstick questioned the cost of the easement. Gary Mader, Utilities Director, stated that typically the easements are acquired for a nominal sum but there was a standard cost of $1,000 for downtown entities. Motion by Samuelson, second by Preisendorf, carried unanimously to approve. REQUESTS AND REFERRALS: Approving Request of Sluggers, Inc. for Class "C" Liquor License. Councilmember Sorensen moved to approve the request. Second by Councilmember Ward. Upon roll call vote, Larson, Hosier, Seifert, Preisendorf, Whitesides, Ward, Samuelson, Murray and Sorensen voted aye. Pielstick voted nay. Motion adopted. Approving Request of Robert E. Buck for Liquor Manager Designation, Sluggers, Inc., dba Sluggers Sports Bar, 707 West Anna Street. Councilmember Sorensen moved to approve the request. Second by Councilmember Ward. Upon roll call vote, Larson, Hosier, Seifert, Preisendorf, Whitesides, Ward, Samuelson, Murray and Sorensen voted aye. Pielstick voted nay. Motion adopted. RESOLUTIONS: #99-408 - Approving Amendment to Personnel Rules. Lisa Thayer, Personnel Director, reported that in 1996, the City Council adopted Resolution #96-294 amending the Personnel Rules relative to vacation carryover and that this review had been conducted once again in 1999 in conjunction with the union negotiations. Ms. Thayer noted that inasmuch as employees belonging to unions were subject to the labor agreement provisions and non-union employees were subject to the Personnel Rules, this amendment was being proposed to equalize the maximum amount of vacation carryover between union employees and non-union employees and allowed employees to carryover one year's vacation accrual, plus 80 hours. Motion by Whitesides, second by Sorensen, carried unanimously to approve. #99-409 - Approving Submission of Economic Development Grant Preapplication Relative to Funding to Assist in Infrastructure Development at the Platte Valley Industrial Park. Motion I I I Page 7, City Council Regular Meeting, December 20, 1999 by Seifert, second by Larson to approve the submittal of the preapplication with the deletion of the reference to proposed 1/2 cent sales tax ballot issue for economic development. Discussion was held on alternate wording that would illustrate the Council's commitment to Economic Development but would not obligate the City. Pat Downs, Economic Development Director, reported that the document before the Council was a draft and it was appropriate for changes to be suggested. Councilmember Seifert amended his motion to approve the application with revised wording on this paragraph to reflect "Communications were being held with City officials regarding increased funding for economic development efforts and that the 1999-2000 annual budget included an amount of $300,000 up from $67,000 the previous year". Motion was adopted unanimously. #99-410 - Approving Funding For Central Nebraska Regional Airport to Assist in Marketing Efforts. Motion by Seifert to approve the request in the amount of $20,000 not the $5,000 included in the resolution. Councilmember Seifert noted that the airport was necessary to Grand Island's success. Councilmember Whitesides seconded the motion and noted that Hastings had provided $7,500 in funding for this effort. Councilmember Murray noted that the $20,000 had not been included in the budget and questioned if there was funding available. Marian Ferguson, City Administrator, reported that items routinely came up during the year and that Interim Finance Director Larry Fox had been asked to research available funds. Mr. Fox noted that there appeared to be funding in the 150 account and that there was appropriate allocation to use the funds. Roll call vote was taken on the motion to approve funding in the amount of $20,000. Motion was adopted unanimously. Councilmember Samuelson requested that the Mayor personally notify the Airport Authority. Doyle Hulme, representing the Airport Authority, was present and thanked the Council for their support. #99-411 - Approving Ac~uisition of Detention Cell Property South of Westridge Middle School and North of 13t1 Street. Motion by Murray, second by Whitesides, carried unanimously to approve. PAYMENT OF CLAIMS: Motion by Samuelson, second by Seifert, carried unanimously to approve the Claims for the period of December 7, 1999 through December 20, 1999, claims #84464, #84896, #85199, and #85295 through #85912, revising Claim #8537 in the amount of $84.00 to $82.72 for a revised total of $2,258,240.51. ADJOURNMENT: The meeting was adjourned at 8:45 p.m. Respectfully submitted, OJ idvl ,j( ()gl1mOL/ Cindy K. J@1ns~n \V City Clerk