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1998 Minutes I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL SPECIAL MEETING January 12, 1998 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 8, 1998. A quorum present, Mayor Gnadt called the meeting to order at 6:30 p.m. The following members were present: Mayor Gnadt, Councilmembers Pielstick, Lueth, Hosier, Preisendorf, Sorensen, Mehring, and Samuelson. Whitesides and Murray joined the meeting in progress. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, and Finance Director Chuck Haase. ADJOURN TO EXECUTIVE SESSION: Motion by Pielstick, second by Lueth, carried unanimously to adjourn to Executive Session at 6:30 p.m. to discuss union negotiations. RETURN TO REGULAR SESSION: Motion by Pielstick, second by Preisendorf, carried unanimously to return to Regular Session at 7:10 p.m. #98-1 - Approving Ratification of AFSCME Labor Union Contract for 1996-1997. Motion by Preisendorf, second by Sorensen, carried unanimously to approve. ADJOURNMENT: The meeting was adjourned at 7:10 p.m. Respectfully submitted, &n~<~~ Cindy K. Cartwright City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING January 12, 1998 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 7, 1998. A quorum present, Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Mehring, Pielstick, Preisendorf, Lueth, Whitesides, Murray, Hosier, Samuelson, and Sorensen were present. Councilmember Seifert was absent. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, Finance Director Chuck Haase, City Attorney Charlie Cuypers and Public Works Director Wayne Bennett. PLEDGE OF ALLEGIANCE was said, followed by INVOCATION given by Pastor Dennis Reich, Calvary Lutheran Church. RESERVE TIME TO SPEAK ON AGENDA ITEMS: No one reserved time to speak on agenda items. PRESENTATIONS AND PROCLAMATIONS: Amy Archuleta, KPMG Peat Marwick, presented the Fiscal Year 1997 Audit Reports for Electric and Water Departments. It was noted that the audit was an unqualified opinion, which was the highest audit possible. Ms. Archuleta praised the Utilities Department for their strong operation and stated that the debt to equity ratio was 1-10. Councilmember Mehring asked if it would be beneficial to pay debt off early. Chuck Haase, Finance Director, stated that the Finance Department had recently conducted a review of outstanding debt to determine benefits for early payoff. Ms. Archuleta stated that paying off debt early was generally positive. Mayor Gnadt thanked the Utilities Department and Finance Department for the excellent job they were doing. PUBLIC HEARINGS: Public Hearing: on Proposed Amendment to Chapter 36 of City Code Relative to Telecommunications Towers, Facilities and Antennas. Dave Barber, Regional Planning Director, reported that as discussed at the December 1, 1997, Study Session of the Mayor and City Council, this proposed ordinance was an amendment to Chapter 36 of the City Code established regulations pertaining to telecommunications towers, facilities and antennas and was intended to regulate and control the siting and development of telecommunication towers, facilities, and antennas in a I I I Page 2, City Council Regular Meeting, January 12, 1998 comprehensive and well planned manner. It was noted that an amended Ordinance had been provided to the City Council. No public testimony was heard. Public Hearing on Acquisition of Utility Easement. Wayne Bennett, Public Works Director, reported that acquisition of an easement on a tract of land located on north side of 13th Street, from North Road east 1/4 mile was required in order to have access to construct, upgrade, maintain, and repair a sanitary sewer main. 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: #8353 - Consideration of Amendment to Chapter 36 of City Code Relative to Telecommunication Towers, Facilities and Antennas #8354 - Consideration of Adoption of Salary Ordinance Relative to AFSCME Agreement be considered for passage upon 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 Mehring seconded the motion. After inviting questions or comments, and there being none, Mayor Gnadt called for a roll call vote on the motion. Upon roll call vote, all voted aye. Motion was adopted unanimously. Clerk: Ordinances #8353 and #8354 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 #8353 and #8354 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 #8353 and #8354 are declared to be lawfully passed and adopted upon publication as required by law. CONSENT AGENDA: Councilmembers Pielstick and Lueth noted that they would be voting nay on item G3a. Motion by Samuelson, second by Murray, carried unanimously to approve the Consent Agenda. I I I Page 3, City Council Regular Meeting, January 12, 1998 Receipt of Official Documents. Library Board Meeting Minutes of November 3, 1997, Library Board Meeting Minutes of December 1, 1997, and Civil Service Commission Minutes of December 2, 1997. Approval of Minutes of December 22. 1997 City Council Regular Meeting Approval of Request of Conel J. Buscher for Liquor Manager Designation for Mickey Finn's Sports Cafe. 2808 West Old Fair Road. Councilmembers Pielstick and Lueth voted nay. Approval of Request of Lewis Kroeger for Liquor Manager Designation for Eagles Club. 213 North Sycamore Street. #98-2 - Approving Certificate of Final Completion for Downtown Streetscape Proiect. #98-3 - Approving Final Plat and Subdivision Agreement for Terminal Grain Subdivision. It was noted that the final plat had been submitted for Terminal Grain Subdivision, located a half mile north of Seedling Mile Road, immediately west and south of the intersection of Shady Bend Road and the Union Pacific Railway and that this final plat would divide an existing unplatted 8.351 acre tract of land into two small lots, each containing existing storage facilities associated with Aurora Co-Op and Novartis Seed, in order to create separate title for these facilities. #98-4 - Approving Final Plat and Subdivision Agreement for Wags Subdivision. It was noted that the final plat had been submitted for Wags Subdivision, located at the northwest corner of the intersection of Division Street and Washington Street, and would resubdivide existing Lot 8 of County Subdivision in order to create separate title to the two residential dwellings located on this property #98-5 - Approving Final Plat and Subdivision Agreement for Williams Subdivision. It was noted that the final plat had been submitted for Williams Subdivision, located immediately south of Stauss Road and approximately 650 feet west of North Road, and would resubdivide existing Lot 14 and a small portion of Lot 15, Garland Place Subdivision, for the purposes of creating separate title to an existing Residence. #98-6 - Approving Maintenance Agreement No. 12 with State of Nebraska Department of Roads. #98-7 - Approval of Renewal of Annual Contract with Fonner Park Relative to Use of Stand By Ambulance. #98-8 - Approval of Acquisition of Utility Easement on North Side of 13th Street from North Road East 14 Mile. #98-9 - Awarding Bid toThe Industrial Company. Steamboat Springs, Colorado in the amount of $809.984. for Burdick Control Installation. I I I Page 4, City Council Regular Meeting, January 12, 1998 #98-10 - Approving Change Order to Contract with ABB CE Services for Boiler Insl'ection and Repair Work. It was noted that the net increase of the change order was $67,171.79, leaving a revised contract amount of $269,885.79. RESOLUTIONS: #98-11 - Denial of Request of Health Plex Fitness Center for Modification to Lease Agreement to Provide for the Sale of Wine and Beer on Racquet Center Premises. Steve Paustian, Parks and Recreation Director, reported that on July 28, 1997, the City Council adopted Resolution #97-215 which approved an agreement with Scott and Lisa Norton, dba Health Plex Fitness Center, for the leasing and operation of the Racquet Center. Mr. Paustian noted that the agreement provided for the City's ownership retention, with leasing by the Nortons and that under the terms of the agreement, the sale of alcohol on the premises was prohibited. Mr. Paustian noted that the Nortons, in response to requests by patrons of the facility, had contacted the City requesting a modification to the agreement which would allow for the sale of beer and wine on site (Class" J" Liquor License). Scott Norton, 2830 Ft. Worth Avenue, spoke on behalf of the request. Councilmember Murray questioned whether liquor consumption would be confined to a specific area. Mr. Norton replied that there was no specific area designated. Councilmember Lueth voiced concern with the sale and consumption of alcohol in a facility that was family oriented and primarily focused on fitness. Councilmember Mehring stated that he had received several telephone calls voicing opposition. Councilmember Pielstick questioned if liquor was allowed on the golf course. Mr. Paustian stated that the golf course allowed the consumption of alcohol on the golf course but that all containers were opened prior to leaving the club house. Councilmember Samuelson spoke in support of the request stating that other entertainment facilities including bowling alleys and golf courses were allowed to serve alcohol. Motion by Samuelson to approve the request. The motion died for lack of a second. Motion by Pielstick, second by Lueth to deny the request. Upon roll call vote, Pielstick, Hosier, Mehring, Preisendorf, Lueth, Whitesides, Murray, Sorensen voted aye. Samuelson voted nay. Motion to deny the request for modification to lease agreement was adopted. PAYMENT OF CLAIMS: Motion by Lueth, second by Samuelson, carried unanimously to approve the Claims for the period of December 23, 1997 through January 12, 1997, claim #60388 and #60418 through #60943. ADJOURNMENT: The meeting was adjourned at 7:50 p.m. Respectfully submitted, c~ha~:~ City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION January 19, 1998 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island was conducted in the Council Chambers of City Hall, 100 East First Street, on January 19, 1998. Notice of the meeting was given in the Grand Island Independent of January 14, 1998. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Whitesides, Lueth, Mehring, Preisendorf, Hosier, Seifert, Samuelson, Sorensen, Murray, and Pielstick. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, Public Works Director Wayne Bennett, and City Attorney Charlie Cuypers. Discussion on Procurement of Fax Machines for Council Use. This item was removed from the agenda. Presentation of One and Six Year Street Improvement Plan. Wayne Bennett, Public Works Director, reported that a One and Six Year Street Improvement Program was required by State law in order to receive over two and a quarter million dollars of State gas tax funds each year. Mr. Bennett reviewed the time line for the adoption of the recommended plan and noted that the plan would be discussed by the Regional Planning Commission at their February 4, 1998 meeting and returned to the City Council at their February 9, 1998 meeting. Mr. Bennett outlined the major projects for the 1998 construction season relative and noted that most applied to the improvements to South Locust Street leading to the new Interchange at 1-80 and the Wood River Floodway Project and that other paving included five districts for the Community Development Block Grant Program, improvements to Fourth Street and Tenth Street under the BNRR Overhead Project, paving of Roush Lane as part of the 1998 Paving Program, and paving of approximately one block of Phoenix Street. Mr. Bennett added that improvements to College Street for student safety and improvements to Mansfield for smoother long range traffic flow and safer traffic patterns near Westridge School as well as Highland Park and Indian Acres major drainways were also included. Mr. Bennett noted that the engineering design for widening the section of South Locust Street from Stolley Park Road to Highway 34 was proposed for 1998 and that right of way acquisition would be completed in 1999 and construction completed in 2000. Councilmember Pielstick reiterated that Roush Lane would be an assessment project and stated that the College Street improvements had not been approved by the City Council. Mr. Bennett responded that the projects were being brought forth in this Plan for consideration and that they would return to the Council for approval at some future time. Councilmember Lueth questioned why the funding for Gateway nodes was less in 1998 than in subsequent years. Mr. Bennett noted that the funding for 1998 was for design and that the next years I funding was for construction. Councilmember I I I Page 2, City Council Study Session, January 19, 1998 Mehring questioned the total cost of the gateway nodes. Mr. Bennett stated that the nodes were estimated to be $25,000 each and there were nine nodes. Councilmember Pielstick noted that the development of the hike and bike trail was contingent upon receipt of IS TEA funds. Mr. Bennett then reviewed the proposed Six Year Projects. It was noted that the most significant projects included the continuation and completion of the Wood River Floodway Project, continuation of hiker/biker trail construction, illumination of US Highway 281 from Highway 34 to 1-80, construction of a four-lane roadway on East Highway 34 easterly to the Merrick County line, the widening of South Locust from Highway 34 to the Floodway Bridge, and construction of bridges between the floodway and 1-80. Councilmember Sorensen confirmed that the widening of Capital Avenue was included. Councilmember Lueth questioned the west yard facility. Mr. Bennett explained that the facility was a storage building for the Street and Transportation Department. It was noted that the $2,000 allocated for hike/bike trail for additional right of way should have been included in the capital improvement fund and not in the city general obligation bond. Discussion was held on the paving petition program and the comprehensive drainage project. Mr. Bennett noted that a Comprehensive Drainage Study had never been done in the Wood River Floodway area. Councilmember Pielstick questioned if the hike and bike trail would be completed in 2003. Mr. Bennett stated that the trail system would probably continue to expand as the City grew and noted that the project was funded 80% with Federal funds. Councilmember Whitesides suggested discussing the inclusion of College Street in the One and Six Year Plan at the next Regular City Council Meeting. Councilmembers Lueth and Pielstick agreed. Mr. Bennett noted that the City was not obligated to do the project simply because it was in the One and Six Year Plan. Discussion was held on Marion Road paving and on the GIS Program. Kay Collins, 1003 West Louise, Ed Walker, 224 East 19th Street, and Lewis Kent, 624 East Meves, spoke on the issue. Discussion on Procedure for Appointments to Boards and Commissions. Councilmember Mehring requested that the names and resumes of those interested in serving on boards and commissions be forwarded to the City Council at the time of the Mayor's recommended appointment. Kay Collins, 1003 West Louise, spoke on the issue. Charlie Cuypers, City Attorney, indicated that a policy could be drafted to address the issue. It was the consensus of the Council to have staff draft a policy for inclusion on next week's Council agenda. Discussion on Process for Election of Council President. Charlie Cuypers, City Attorney, stated that the process used to elect the President of the City Council in December was conducted in accordance with State Statutes and City Code and that if the Council wished to amend the policy to provide for a more specific procedure relative to conduction of a run off election and the requirement that the Council President receive votes equal to a majority of the number of members elected to the Council - six votes. It was the consensus of the Council that the Code did not need to be amended but that the Mayor might want to consider allowing a run off at the next Council President election. Discussion on Cleburn Street Well Superfund Site. Charlie Cuypers, City Attorney, reported that the United States Environmental Protection Agency had issued a Record of Decision for the Cleburn Street Well Superfund Site on June 10, 1996 which identified three sources of subsurface I I I Page 3, City Council Study Session, January 19, 1998 soil and groundwater contamination and that resources included the former One Hour Martinzing facility, Liberty Cleaners, and Ideal Cleaners. Mr. Cuypers noted that the ROD described the selected remedies for the three source areas, one of which included a requirement that the City of Grand Island establish a Groundwater Control area in which groundwater use would be restricted to prevent human exposure and consumption of potentially contaminated groundw.)1ter. It was noted that the Groundwater Control Area would remain in full force and effect during the cleanup area until the contamination identified in the ROD was reduced to a level making the groundwater safe to be used as a source of drinking water. Mr. Cuypers stated that the Legal Department had drafted an ordinance creating a Groundwater Control Area bounded on the north by Ninth Street, on the east by Sycamore Street, on the south by First Street, and Division Street and on the west by Adams Street and that the ordinance proposed to comply with the EP A requirements by prohibiting groundwater pumped from wells within the Groundwater Control Area to be used for any human consumption; existing wells would be required to be registered at no cost with the Building Inspections Department; and established a procedure for shutting down wells in violation of the ordinance using the nuisance abatement procedures of the City Code. Discussion was held on the affected area. It was noted that the ordinance would be submitted to the EP A for their review and returned to the City Council for further action. Update on Submittal of Proposed Correctional Facility Application. Dale Iman, City Administrator, reported that the proposal for the proposed 960 bed multi custody Correctional Facility was required to be submitted to the Department of Correctional Services by February 9 and that the City Council would be required to take action on several resolutions at the January 26, 1998 City Council Meeting, including Resolutions of support for the facility, letter of commitment assuring performance of all obligations, written assurance of furnishment of utility services, signed letter from each local elected official regarding their position on the proposed facility, and a letter of assurance relative to zoning. Mr. Iman stated that much of the information concerning the land acquisition was confidential as negotiations were still underway. Discussion was held on the members of the site committee. Councilmember Mehring questioned whether all utility companies had been included in the process. Adjournment. The meeting was adjourned at 9: 10 p.m. Respectfully submitted, c~a:Sg~~~ City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING January 26, 1998 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 21, 1998. A quorum present, Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Mehring, Pielstick, Seifert, Preisendorf, Lueth, Whitesides, Murray, Samuelson and Sorensen. Councilmember Hosier was absent. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, City Attorney Charlie Cuypers and Public Works Director Wayne Bennett. PLEDGE OF ALLEGIANCE was said, followed by INVOCATION given by Reverend Alan Ellison, The Rock Church. RESERVE TIME TO SPEAK ON AGENDA ITEMS: 14 individuals reserved time to speak on agenda items. PRESENTATIONS AND PROCLAMATIONS: Cindy Cartwright, City Clerk, reported that the Mayor had proclaimed February, 1998 as Chamber of Commerce Month. Mayor Gnadt and Health Department Director Bruce Dart recognized Jane Miller, Community Health Nurse, as an Extraordinary Person, as identified by the Grand Island Independent. PUBLIC HEARINGS: Public Hearing on Proposed Grant Application to Bureau of Criminal Justice. Gary Piel, Acting Police Chief, reported that at the City Council Meeting of November 10, 1997, the City accepted receipt of a $32,291 grant from the U.S. Department of Justice, Bureau of Justice Assistance under the Local Law Enforcement Block Grant. It was noted that a committee, comprised of representatives of law enforcement, County Attorney's Office, court system, school system, and drug and alcohol treatment, had identified four areas for the funding including an investigation vehicle, a crime scene vehicle, communication equipment for three school resource officers and radio and other equipment for two motorcycle officers. Mr. Piel added that the grant regulations required that a public hearing be held showing support for the use of the funding. No public testimony was heard. Public Hearing on Acquisition of Utility Easement: Gary Mader, Utilities Director, reported that acquisition of an easement on a tract of land located near Old Highway 30, east of North Road was required in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers, to serve the new postal facility. No public testimony was heard. I I I Page 2, City Council Regular Meeting, January 26, 1998 ORDINANCES: Mayor Gnadt requested that Ordinance #8358 be taken separately. Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinance numbered: #8358 - Amending Chapter 2 of City Code Relative to Appointments to Board and Committees 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 final passage. Councilmember Lueth seconded the motion. After inviting questions or comments and there being none, Mayor Gnadt called for a roll call vote on the motion. Upon roll call vote, Preisendorf and Murray voted nay. Mehring, Pielstick, Lueth, Whitesides, Seifert, Samuelson and Sorensen voted aye. Motion failed to suspend the rules. Councilmember Sorensen moved that the statutory rules requiring ordiI:1ances to be read by title on three different days be suspended and that ordinances numbered: #8355 - Approving Creation of Sanitary Sewer District #486, North of Old Highway 30 and East of North Road #8356 - Approving Creation of Water Main District #426T, Husker Highway #8357 - Approving Conveyance of Community Development Property at 315 East Third 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 final passage. Councilmember Pielstick seconded the motion. After inviting questions or comments and there being none, Mayor Gnadt called for a roll call vote on the motion. Upon roll call vote, all voted aye. Motion adopted. #8355 - Approving Creation of Sanitary Sewer District #486. North of Old Highway 30 and East of North Road. Wayne Bennett, Public Works Director, reported that the City Clerk's Office had received a request from 13 individuals requesting the establishment of a sanitary sewer district to serve a portion of the City north of Old Highway 30 and east of North Road and that the area was not currently served by City sewer. Mr. Bennett added that the district would be assessed to property owners over a five year period at 7 % simple interest on the unpaid balance and that the formation of the district was in compliance with State Statutes which allowed for a 30-day protest period. Dorothy Aubushon, 3921 Reuting Road, Steve Smith, 1615 Raymond Drive, Doug and Marcia Riedy, 3928 Reuting Road, Robert Oswald, 1604 Virginia Road, Jack Beberniss, 3870 I I I Page 3, City Council Regular Meeting, January 26, 1998 Reuting Road, Elvina Kyriss, 3910 Reuting Road, and Suyapa Gonzalez, 1604 Jerry Drive, spoke in opposition to the District, citing costs. Councilmember Seifert questioned the interest rate. Mr. Bennett explained that the payments would be based on 7 % interest and that new construction in the City is typically supported by assessments and operations by fees. Phil Hammer, representing Chief Industries, spoke in support of the request and noted that Chief was planning an expansion in the area and the service would be beneficial. Councilmember Pielstick questioned the number of homes that would be affected. Mr. Bennett responded 52. Councilmember Murray questioned if there was a deadline that Council needed to act on the petition. Mr. Bennett stated that he did not believe there was a legal obligation but that the property owners were probably interested in having some resolution. Motion by Pielstick, second by Sorensen to table the issue to the next Study Session. Upon roll call vote, Mehring, Pielstick, Seifert, Whitesides, Lueth, Samuelson, Murray and Sorensen voted aye. Preisendorf voted nay. Motion to table was adopted. #8356 - Approving Creation of Water Main District #426T, Husker Highway. Gary Mader, Utilities Director, reported that the Utilities Department proposed the establishment of a water main district to serve the southwest portion of the City, Husker Highway from Regal Drive to Schroeder A venue and that the district would provide for a 16" water trunk line connection. Mr. Mader added that the area was not currently served by City water and that the district would be constructed as a tap district. #8357 - Approving Conveyance of Community Development Property at 315 East Third Street. Jeri Garroutte, Community Development Director, reported that the Community Development Department recommended the sale of property located at 315 East Third Street to D & D Investments. Mrs. Garroutte added that the Community Development Department acquired this property in April, 1982 and that the proposed total purchase price for the property was $1.00. It was noted that D & D Investments planned to install asphalt and a concrete approach so the property could be used for parking at the Greystone Apartments. Mrs. Garroutte stated that the Community Development Advisory Committee, at their Regular Meeting of January 8, 1998, voted unanimously to recommend the sale of the property, contingent upon compliance with the new proposed landscaping ordinance and other parking lot restrictions and that all improvements be completed within 18 months from the date of the deed. Councilmember Whitesides praised D & D Investments for the improvements to the inside of the building and reiterated the need to maintain the outside of the property. Danny Starostka, D & D Investments, stated that the company was committed to maintaining the property and planned to make the improvements as soon as the weather permitted. Arnold Wenn, 2410 Overland Trails Circle, asked that the improvements be made in a timely fashion. Councilmember Lueth moved to require the improvements be made within 9 months of the transfer of deed. Second by Pielstick. Motion adopted unanimously. Clerk: Ordinances #8356 and #8357 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 #8356 and #8357 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, January 26, 1998 Mayor: By reason of the roll call votes on the first reading and then upon final passage, Ordinances #8356 and #8357 are declared to be lawfully passed and adopted upon publication as required by law. #8358 - Amending Chapter 2 of City Code Relative to Appointments to Boards and Committees. Motion by Sorensen to approve on first reading. Second by Whitesides. Councilmember Murray stated that the Mayor had the authority to submit one name to the City Council and that the Council had ability to either approve or deny that name submitted. Mr. Murray added that the Council had access to the names and that if a list were submitted, there would be a sense that the action was a political issue with a winner and a loser. Councilmember Pielstick stated that the responsibility of the Council was to select the most qualified individual. Councilmember Preisendorf stated that individuals who volunteered to serve on boards and committees and whose names were publicly listed but not chosen would have hurt feelings. Councilmember Mehring stated that it would also be embarrassing if the individual were voted down by the Council and suggested that the names be provided to the Council in advance so that any concerns could be brought to the Mayor's attention prior to appointment submittal. Motion by Preisendorf to table. Second by Murray. Upon roll call vote, Samuelson, Murray, and Preisendorf voted aye. Mehring, Pielstick, Seifert, Sorensen, Whitesides and Lueth voted nay. Motion failed. Clerk: Ordinance #8358 on its first reading. All those in favor of the passage of this ordinance on first reading, answer roll call. Upon roll call vote, Mehring, Pielstick, Seifert, and Sorensen voted aye. Lueth, Whitesides, Samuelson, Murray and Preisendorf voted nay. Motion failed. Motion by Seifert, second by Preisendorf to reject Ordinance #8358. Upon roll call vote, Mehring, Lueth, Pielstick, Preisendorf, Whitesides, Samuelson, Seifert, and Murray voted aye. Sorensen voted nay. Motion adopted. CONSENT AGENDA: Councilmember Whitesides requested that G-5, "Authorizing Submission of Proposed Grant Applications", be removed from the Consent Agenda. Motion by Samuelson, second by Pielstick carried unanimously to approve the Consent Agenda. Receipt of Official Documents. Downtown Improvement Board Meeting Minutes of December 9, 1997. It was noted that the tort claim of David J. Lerbakken had been removed from the agenda. Approving Minutes of the January 12, 1998 City Council Special Meeting, January 12, 1998 City Council Regular Meeting and January 19, 1998 City Council Study Session. Approving Request of Mark Bergman for Liquor Manager Designation for Gas 'N Shop, 4150 West Highway 30, 806 North Eddy Street, and 1219 West Second Street. Approving Appointments of Ben Wassinger, Jr., Steve Rasmussen, George Bartenbach, and Dr. Dick Brown to the Downtown Improvement Board for a term commencing immediately and expiring December 3 L 2000. I I I Page 5, City Council Regular Meeting, January 26, 1998 Approving the Appointments of Don Metcalf. Dennis Niemann, Randy Hiatt Victor Aufdemberge, Craig Lewis and Dean Mathis to the Electrical Board for a term commencing immediately and expiring December 31, 1998. Approving Appointments of Norm Nietfeldt, Mike McElroy. Tom Clemens, Craig A. Lewis, and Clark Kalkowski to the Gas Fitters and Appliance Installers Board for a term commencing immediately and expiring December 31, 1998. Approving Appointments of Ryan King, Jerome Krolikowski, Russ Shaw, Craig A. Lewis, and Clark Kalkowski to the Plumbing Board for a term commencing immediately and expiring December 31, 19991 #98-16 Approving Agreement with Grand Island Soccer Association Relative to Maintenance of Soccer Fields. #98-17 - Approving Dissolution of Sanitary Sewer District #485, North of Old Highway 30 and East of North Road. #98-18 - Amending 1998 City Council Meeting Schedule. #98-19 - Approving Purchase of Two Pickups from Atchley Ford, Omaha, Nebraska in the amount of $24,270, pursuant to the State Bid and Contract Award No. CA5044. #98-20 - Awarding Bid for Hydraulic Unloading Spreader to Landell-Thelen, Inc., Shelton, Nebraska, in the amount of $5,789 after trade-in. #98-21 - Approving Contract for Emergency Sanitary Sewer Repair to Diamond Engineering Company in the amount of $19.611.25. #98-22 - Approving Change Order #1 to Street Improvement Program No.1. 1997. It was noted that Change Order #1 provided for the addition of unforeseen items such as fly ash, additional detector cables, and faster curing concrete and would result in a net increase of $16,364.25, leaving a revised contract amount of $500,617.55. #98-23 - Approving Change Order #2 for Steam Generator Inspection and Repair, PGS. It was noted that Change Order #2 provided for extensive non-destructive testing on high pressure boiler components; the super heater outlet header, reheat outlet header and associated link piping on the unit #1 boiler at Platte Generating Station and would result in a net increase of $24,800, leaving a revised contract amount of $294,685.79. #98-24 - Approving Certificate of Final Completion for Street Improvement Program No. 1, 1997. #98-25 - Approving Support and Sponsorship of Annual Fishing Derby. It was noted that the Resolution should also provide for the use of firetrucks, ambulance and police vehicles and personnel as required. Councilmember Seifert abstained from voting on this Resolution I I I Page 6, City Council Regular Meeting, January 26, 1998 #98-26 - Approving Agreement with Nebraska Department of Roads Relative to Traffic Modifications at Highway 30 and Webb Road. #98-27 - Approving Acquisition of Utility Easement Near Old Highway 30, East of North Road. #98-12 - Submission of Proposed Grant Activities to Bureau of Criminal Justice. Motion by Sorensen, second by Whitesides, carried unanimously to approve. #98-13 - Authorizing Submission of Grant to Nebraska Department of Environmental Ouality Relative to Motor Truck Scale. Motion by Sorensen, second by Pielstick, carried unanimously to approve. #98-14 - Approving Submission of Grant to Nebraska Department of Environmental Quality Relative to White Goods. Health Department Director Bruce Dart reported that he and Code Compliance Officer Brenda Branstiter had prepared a grant application seeking $5,200 to be used toward removal and disposal of white goods, such as refrigerators, washers, and dryers, which are no longer allowed in the landfill. It was reported that this grant required matching funds from the City, which would be provided by in-kind services, primarily personnel. Councilmember Lueth questioned where the goods would be taken. Mr. Dart responded that staff would be working with the garbage haulers to make arrangements for pick up of the goods and delivery to salvage operations. Motion by Lueth, second by Preisendorf to approve. Glendale Reiss, 910 North Boggs, and Lewis Kent, 624 East Meves, spoke in opposition. Upon roll call vote, motion was adopted unanimously. #98-15 - Approving Submission of Proposed Grant to ISTEA Relative to Development of Beltline for Hike/Bike Trail. Steve Paustian, Parks and Recreation Director, reported that as discussed at the City Council Study Session of January 19, 1998 and during the budget adoption process, a grant application has been prepared seeking $450,000 to be used toward the development of the Belt1ine Hike/Bike Trail. It was noted that this grant required 20% ($90,000) matching funds from the City, which would be funded with sales tax revenue. Councilmember Lueth questioned if ISTEA had been approved. Mr. Paustian stated that the State had authorized a six month window and that the application was due February 2, 1998. Glendale Reiss, 910 North Boggs, questioned why LE Ray Park was not included in the grant application. Mr. Paustian stated that LE Ray Park was a separate issue. Lewis Kent, 624 East Meves, questioned if we had received ISTEA funds in the past. Mr. Paustian responded that ISTEA funds had been used for the State Street bike path. Councilmember Mehring asked if there would be a new sales tax to fund the project. Mr. Paustian stated the City's share would be funded by the existing sales tax. Buzz Douthit, 1608 Ando Street, spoke in support. Councilmember Mehring questioned the cost of the project. Mr. Paustian and Mr. Bennett reported that the numbers reflected in the budget were correct. Mr. Sorensen questioned whether new staff would have to be hired to maintain the property. Mr. Paustian stated that the property should be relatively maintenance free for many years and that upkeep would consist primarily of mowing. Motion by Murray, second by Samuelson to approve. Upon roll call vote, Preisendorf, Seifert, Whitesides, Lueth, Samuelson, and Murray voted aye. Mehring and Pielstick voted nay. Sorensen abstained. Motion adopted. I I I Page 7, City Council Regular Meeting, January 26, 1998 REQUESTS AND REFERRALS: Denying Request of Jim Truell for Variance to Driveway Regulations. Wayne Bennett, Public Works Director, reported that the Public Works Department had received a request from Jim Truell for an exception to Council policy relative to driveway setback requirements for the property located at the northeast corner of Eddy Street and Oxford Street and that preliminary plans provided for locating the driveway 56' from the intersection instead of the required 75'. Mr. Bennett stated denial of the request was recommended, inasmuch as there appeared to be no significant visual distraction and sufficient frontage was available for locating the driveway at 75' as required by City Code. Motion by Preisendorf, second by Seifert, carried unanimously to deny. Approving Request of Harley Owners Group for Use of Public Streets for Parade on May 23, 1998. Motion by Sorensen, second by Pielstick, carried unanimously to approve. Consideration of Request of Buzz Douthit Relative to Provision of Water Utilities to 111 North Eddy Street. Craig Lewis, Building Inspections Director, reported that Buzz Douthit, 726 West 1 SI Street, had submitted a request for an exception to the Building Code regulations relative to provision of water utilities and that Mr. Douthit proposed to run the water line from the property at 726 West pI Street to the property at 111 North Eddy Street. Mr. Lewis stated that it was recommended that a license agreement be submitted, requiring the new water service to be installed in the public right of way. Motion by Sorensen, second by Samuelson to approve the request. Councilmember Preisendorf noted that the request was in violation of City Code and that there was no mechanism to approve the request. Charlie Cuypers, City Attorney, recommended that a license agreement be entered into in lieu of amending the City Code. Mr. Lewis suggested that an easement could be granted on the east side of the First Street property and then issue a license agreement to enter the easement for access to the property at 111 North Eddy Street. Councilmembers Sorensen and Samuelson withdrew their motion to approve. Motion by Preisendorf, second by Seifert to table to the next City Council Meeting. Motion adopted unanimously. Eliminatin~ College Street Proiect in One and Six Year Street Improvement Program. Wayne Bennett, Public Works Director, reported that the City Council had directed that the inclusion of the College Street project in the One and Six Year Street Improvement Program be acted on at the City Council Meeting of January 26, 1998. Mr. Bennett reviewed the options available and stated that the option as presented was a compromise between what the School Board wanted and what the City could provide. Motion by Samuelson, second by Preisendorf to include the College Street Project in the One and Six Year Street Improvement Program. Ed Walker, 224 East 19th Street, Lewis Kent, 624 East Meves, spoke in opposition. Councilmember Preisendorf spoke in support of the plan. Councilmember Whitesides stated that the funds allocated for the project could be better utilized elsewhere. Councilmember Pielstick voiced opposition stating that her constituents had not expressed support for the project. Councilmember Mehring suggested doubling the fines for speeding in that area and increasing patrol. Kevin Brostrom, representing the School Board, spoke in support of the compromise and suggested if there were concerns the two governing bodies could meet to discuss them. Upon roll call vote to approve, Preisendorf, Murray and Samuelson I I I Page 8, City Council Regular Meeting, January 26, 1998 voted aye. Mehring, Pielstick, Seifert, Sorensen, Lueth, and Whitesides voted nay. Motion failed. RESOLUTIONS: #98-28 - Approving Receipt and Placement on File for Record of Decision on Cleburn Street Well Superfund Site. Charlie Cuypers, City Attorney, reported that as discussed at the City Council Study Session of January 19, 1998, the Legal Department had received a Record of Decision for the United States Environmental Protection Agency relative to the Cleburn Street Well Site and that the ROD identified three separate source areas and directed remedies to be implemented in these areas. The ROD has been reviewed by the Legal, Utilities Public Works, and Building Departments. Motion by Sorensen, second by Preisendorf, carried unanimously to approve. Consideration of Resolutions Supporting Application for Correctional Facility. Andy Baird, President of the Economic Development Corporation, reported that the Economic Development Corporation had signed an option for property to be recommended for the site of the 960 bed multi custody correctional facility. It was explained that the property was approximately lh mile from any major residential area and had been one of the initial properties considered. Councilmember Whitesides stated that this was the first opportunity the public had to see the location and suggested that a special meeting be scheduled for next week to allow the location to be advertised. Mr. Baird responded that if Grand Island were to be selected for the short list of March 9, 1998, a public hearing would be held sometime in March to receive public comment. Mayor Gnadt complimented Mr. Baird and the EDC for their work and noted that community meetings had been held throughout the process. Councilmember Mehring stated that the purchase of the land was by private funds and it was important to move the process forward. City Administrator Dale Iman stated that the request for proposals was designed so that if a community was selected as a finalist, then public hearings would be held. Wayne Sasges, representing the EDC, stated that one public hearing was required during Phase 2 of the submittal process. Councilmember Murray questioned which utilities were available to the site. Gary Mader, Utilities Director, reported that there were currently three electrical primary feeders on the site and two primary substations so electricity would be available and that the City had entered into an agreement with the Hall County Airport Authority some time ago for the extension of a trunk line to the existing facility but that the capacity would need to be extended for an estimated cost of $200,000. Lewis Kent, 624 East Meves, questioned if the land had been purchased. Wayne Bennett, Public Works Director, reported that sanitary sewer would be available for a cost of approximately $475,000 which could be met through cash reserves in the sewer fund. Councilmember Murray stated that the concerns relative to proximity to residences appeared to be alleviated. Motion by Seifert, second by Preisendorf to approve the following Resolutions: #98-29 - Statement of Intent for Provision of Electric, Water and Sewer Services. It was noted that this Resolution related to the submittal of the application for the location of the state correctional facility in the Grand Island area, and that the proposal required a showing of ability and commitment to supply electric, water, and sewer services #98-30 - Authorizing Mayor to Sign Application. It was explained that this Resolution related to the submittal of the application for the location of the state correctional facility in the Grand Island area, and authorized the Mayor to sign the proposal for the proposal to be property submitted. I I I Page 9, City Council Regular Meeting, January 26, 1998 #98-31 - Assurance of Performance of Obligations. It was reported that this Resolution related to the assurances by the City to meet its obligations and for a letter of commitment to meet said obligations. #98-32 - Assurance of Zoning, Construction, and Location. It was reported that this Resolution related to the submittal of the application for the location of the state correctional facility in the Grand Island area, and provided a commitment by the City to assure there would be no zoning issues to prohibit construction, that that all property could be transferred to NDCS, and that the site was recommended Upon roll call vote to adopt Resolutions #98-29, #98-30, #98-31, and #98-32, Mehring, Pielstick, Seifert, Preisendorf, Whitesides, Lueth, Samuelson, and Murray voted aye. Sorensen voted nay. Motion adopted. PAYMENT OF CLAIMS: Motion by Lueth, second by Pielstick, carried unanimously to approve the Claims for the period of January 13, 1998 through January 26, 1998, claim #60378, #60675, and claim #60944 through #61433. Discussion was held on the claims for Polk City Directories. Mr. Iman noted that the number of directories purchased was down from years past. ADJOURNMENT: The meeting was adjourned at 10: 10 p.m. Respectfully submitted, ~ dz J 1\ tv /u'Vd Cindy K. Cartwright City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION February 2, 1998 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island, Nebraska was held on February 2, 1998. Notice of the meeting was given in the Grand Island Independent on January 28, 1998. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Preisendorf, Sorensen, Pielstick, Whitesides, Lueth, Seifert, Hosier, Samuelson, Murray, and Mehring. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, Public Works Director Wayne Bennett and City Attorney Charlie Cuypers. Discussion on Creation of Sanitary Sewer District #486, North of Old Highway 30 and East of North Road. Wayne Bennett, Public Works Director, reported that as discussed at the City Council Meeting of January 26, 1998, new petitions, containing 13 signatures, for sanitary sewer in this area had been received and that the proposed district consisted of 61 lots. Mr. Bennett noted that it appeared that the new petitions contained sufficient signatures of owners that the district would pass. Mr. Bennett explained that a 10 year payment schedule had been developed for the proposed assessments and that the average lot would be $47 per front foot or approximately $3,400 - $4,000. Councilmember Murray questioned whether the adjoining areas outside the district were served by City sewer. Mr. Bennett replied that some were and others were not. Councilmember Mehring confirmed that assessments were based on front footage. Dorothy Aubushon, 3912 Reuting Road, questioned the need for the district and cited concerns with assessments, inconvenience, and placement of the sanitary sewer. Marcia Riedy, 3928 Reuting Road, questioned why the plans had been revised and suggested that the sewer be placed in such a manner that it would not have to be extended from the back road to the front of the house at the homeowner's expense. Mr. Bennett stated that the plans had not been changed, that it was always the intent to run the sewer down the easements, except by Reuting Road and that if the location were moved, the end result would be increased cost for all the property owners in the district. Craig Lewis, Building Inspections Director, spoke in support of the City sewer due to ongoing problems with several homes and the mobile home park. Charlie Cuypers, City Attorney, spoke in support and noted that the expense to repair or replace a system when it failed would be considerably more than connecting to City sewer. Councilmember Pielstick stated that the assessments might be prohibitive to those on a fixed income. Bruce Dart, Health Department Director, reported that the area was a potential health hazard due to the effluent. Mrs. Aubushon inquired as to why the City had not closed Lee's Mobile Home Park if it was a health hazard. Mr. Dart replied that the City was working with Mr. Meents but that if resolution was not reached, the mobile home park would be closed. Councilmember Seifert questioned whether a tap district I I I Page 2, City Council Study Session, February 2, 1998 could be constructed. Dale Iman, City Administrator reported that tap districts were appealing to the residents but did not provide for a revenue flow to payoff the debt that would be required to construct the system. Doug Riedy, 3928 Reuting Road, questioned whether Chief's new building would require water and if that would be an assessment district. Gary Mader, Utilities Director, and Bob Smith, Assistant Utilities Director, reported that a district had recently been completed which provided for the water needs of the new facility. Mike Jaeger, 1716 Virginia Drive, spoke in support of the sanitary sewer. Lee Meents, 3842 Old West Highway 30, stated that as owner of Lee's Mobile Home Park he would support the construction of the district inasmuch as he had recently put in leach fields that he believed would sustain for 15 years and that had failed after two years. John O'Meara, representing Chief Industries, spoke in support of the sewer and noted that Chief needed sewer services at this time and if the district did not pass would be putting in a private system and would then be opposed to any assessed districts in the future. Councilmember Pielstick questioned whether Bick's Trailer Park had problems and asked why it was not included in the district. Mr. Lewis stated that the City had not had ongoing concerns with Bick's. Mr. Cuypers added that Bick's had not been included in the district because to do so would result in increased assessments. Marcia Jaeger, 1716 Virginia Drive, stated that although no one wanted the assessments, there was a need for the service. Susan Schmidt, 1615 Raymond Drive, questioned if the assessments went with the property owners or the property. Mr. Bennett replied that the assessments were liens against the property. Councilmember Murray stated that in light of the concerns relative to the health issues, he would support creation of the district with assessments for a 10 year period of time, and see if the district passed protest. The creation of the district was placed on the next meeting agenda. Discussion on Amending City Code and Fees Relative to Restaurant Inspections. Bruce Dart, Health Department Director, presented a proposal to amend the City Code to enforce the Nebraska Pure Food Act and ensure overall food safety in restaurants throughout the city and county. Mr. Dart reviewed the proposed changes which included bi-annual inspections of all licensed establishments, review of all building plans prior to commencement of project, separate male and female restrooms, requirement for commercial equipment, and requirement for catering operations to be conducted from commercially licensed facilities only. Councilmember Whitesides stated that many of the regulations would be a hardship for small businesses such as tea rooms, bed and breakfasts, and specialty restaurants. Councilmember Mehring questioned whether the proposed amendment had been reviewed by the Board of Health. Mr. Dart stated that the intent was to protect the consumer and that because of changes in state and federal law , and based on sanitary regulations, many changes were required. Mr. Dart added that the proposal would be discussed by the Board of Health at their meeting of February 10 and that if the Board supported the proposal it would be returned to Council at a later date. It was recommended that the proposal be presented to the County Board and the town boards of the towns and villages in Hall County. Councilmember Lueth questioned whether the regulations would affect banquets at the hotels. Mr. Dart responded that the regulations would only affect the licensed eating area. Councilmember Pielstick stated that commercial equipment was significantly more expensive than regular equipment and that small family restaurants might not be able to absorb the cost. Discussion was I I I Page 3, City Council Study Session, February 2, 1998 held on the application of the proposed changes relative to churches, schools, and sale of business. Ron Scherling, 1217 West 5th Street, spoke in opposition. Councilmember Preisendorf pointed out that ADA requirements were not implemented by the City and that many of the changes were state or federal law. Councilmember Mehring suggested that the changes be reviewed by the Restaurant Association. Mr. Dart stated that he could present the proposed changes to the County, smaller communities and Restaurant Association, as well as the Board of Health, but reiterated that the decision to make changes must be based on public safety, not just dollars. Discussion on Filing Fee for Appeal Process Relative to Backflow Permits. Craig Lewis, Building Inspections Director, reported that in 1993 the City Council adopted the 1991 Uniform Plumbing Code which implemented a fee for the filing of a decision from the Grand Island Plumbing Board acting as a Board of Appeals and that this fee was consistent with other such Board of Appeals. Mr. Lewis noted that the filing fee was to cover the expense of that Board and administrative costs in scheduling and providing information necessary for the Board to render a decision and that it was appropriate that the user assume the costs of the appeal rather than the general taxpayers. Councilmember Whitesides suggested that the fee be lowered. Discussion was held on procedure if landlords refused to bring the property into compliance. Charlie Cuypers, City Attorney, stated that the tenant had potential recourse under the landlord law. Review of County Industrial Tracts Within Corporate Limits. City Attorney Charlie Cuypers reported that on even numbered years, the City had the opportunity to request that the Hall County Board review any or all of the County industrial areas within the City's zoning jurisdiction to determine if the property meets the designation of an industrial area. Mr. Cuypers questioned whether the City Council would like staff to pursue requesting review of the two County Industrial Tracts remaining in the City, namely Adams Street area and Hornady Manufacturing area. Councilmember Murray suggested that if staff believed there was a concern, it should be reviewed. Councilmember Samuelson questioned when a review was last conducted. It was determined that the last review had been completed in the late 1980s. Councilmember Mehring spoke in opposition to the review, stating that he believed the areas were in compliance. Councilmember Pie Is tick recommended that the City Attorney and City Administrator conduct a review of the property and report back to the City Council prior to any official request of the County. Mr. Cuypers stated that he would provide cover sheets to the City Council of the affected properties. Adiournment. The meeting was adjourned at 8:55 p.m. Respectfully submitted, 0f1~KC!l), ~J,,-f Cindy K. ~artwright City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING February 9, 1998 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 4, 1998. A quorum present, Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Pielstick, Preisendorf, Lueth, Whitesides, Hosier, Murray, Samuelson, and Sorensen. Councilmembers Seifert and Mehring were absent. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, City Attorney Charlie Cuypers, Finance Director Chuck Haase, and Public Works Director Wayne Bennett. PLEDGE OF ALLEGIANCE was said. RESERVE TIME TO SPEAK ON AGENDA ITEMS: Five individuals reserved time to speak on agenda items. PRESENTATIONS AND PROCLAMATIONS: Cindy Cartwright, City Clerk, reported that February 9-15, 1998 had been proclaimed as Random Acts of Kindness Week and that February 16-22, 1998 had been proclaimed as Up with People Week. Representatives from the Up With People organization were present and issued invitations to the performances scheduled for February 20, 21, and 22. BOARD OF EOUALIZATION: Motion by Murray, second by Sorensen, carried unanimously to adjourn to the Board of Equalization. #98-BE-1 - 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 #420, Westgate Subdivisions area. Motion by Sorensen, second by Pielstick, carried unanimously to approve. RETURN TO REGULAR SESSION: Motion by Murray, 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 Highway 281. South of Faidley Avenue. from Transitional Agriculture to General Business. Dave Barber, Regional Planning Director, reported that David Albers/Albers Company, 5000 Central Park Drive #204, Lincoln, Nebraska had submitted a request to rezone the property located west I I I Page 2, City Council Regular Meeting, February 9, 1998 of Highway 281, south of Faidley Avenue from a "TA" (Transitional Agriculture) to "B2" (General Business) and that the purpose of the request was to allow for commercial retail and professional office development at this site, as depicted in the preliminary plat submitted for Richmond Subdivision. Dave Albers, developer, 5000 Central Park Drive, spoke in support of the application. No additional public testimony was heard. Public Hearing on Community Development Block Grant Application for Street Paving and Storm Sewer Improvements. Jeri Garroutte, Community Development Director, reported that the Nebraska Department of Economic Development accepted applications through the Economic Development category of the Community Development Block Grant Program for grant funding for specific types of Public Works activities such as street paving, sidewalks, and storm sewer and that any unit of local government in Nebraska which had a population of less than 50,000 are eligible applicants in the Economic Development program. It was noted that the Community Development Department, in conjunction with their advisory committee and input from citizens, had prepared a proposed application seeking $75,000 to assist with the expansion of the Chief Industries, Inc. Fabrication Division and that the project would create 25 FTE positions, 51 % of which would be available to low to moderate income persons. No public testimony was heard. Public Hearing on One and Six Year Street Improvement Progam. 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 this plan had been presented to the City Council at the January 19, 1998 Study Session and the Planning Commission at their February 4, 1998 regular meeting. It was 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. Mr. Bennett added that the plan was revised each year in order to incorporate changing requirements resulting from varying local priorities and funding limitations. No public testimony was heard. Public Hearing on Proposed Amendment to Chapter 36 of City Code Relative to Landscaping Regulations. Dave Barber, Regional Planning Director, reported that in March, 1995, the City Council adopted Ordinance #8067, which implemented the City's landscaping regulations and that since that time, the Board of Adjustment had recommended that the Regional Planning Commission review the landscaping regulations to address certain problem area; particularly those relating to a mandatory sprinkler requirement; cash crop species being proposed as native grasses; excessive landscaping required when small buildings are proposed on large parcels; and the lack of specifications regarding the installation of landscaping requirements in the streetscape. It was noted that the Regional Planning Director and Building Inspection Director had conducted a thorough review of the landscaping regulations and that the following modifications were recommended: 1) reduction of required landscaping when small buildings are proposed on large proposals; 2) elimination of mandatory underground sprinkler systems; 3) requirement for landscaping in the street yard; 4) native ornamental grasses are allowed; 5) increase in percentage of allowable inorganic landscaping materials (rocks and bricks) from 10 % to 35 %; 6) new non building development required to provide a minimum street front landscaped buffer; 7) increase in side yard buffering requirements; 8) new developments in Central Business District and 4th Street Business District required to provide landscaping in the absence of a Street Improvement Project; 9) building additions subject to landscaping requirements. No public testimony was heard. I I I Page 3, City Council Regular Session, February 9, 1998 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: #8360 - Consideration of Change of Land Use Designation for Property Located West of Highway 281, South of Faidley Avenue, from Transitional Agriculture to General Business #8361 - Consideration of Amendment to Chapter 36 of City Code Relative to Landscaping Regulations #8362 - Consideration of Assessments for Water Main District #420, Westgate Subdivision #8355 - Consideration of Creation of Sanitary Sewer District #486, North of Old Highway 30 and East of North 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 ordinances on their first reading and then upon their final passage and call for a roll call vote on each reading and final passage. Councilmember Preisendorf seconded the motion. After inviting questions or comments, Mayor Gnadt called for a roll call vote on the motion. Upon roll call vote, all voted aye. Motion adopted. It was recommended that Ordinance #8355 be acted upon separately on first and final readings. Clerk: Ordinances #8360, #8361, and #8362 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 #8360, #8361, and #8362 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 #8360, #8361 and #8362 are declared to be lawfully passed and adopted upon publication as required by law. #8355 - Creation of Sanitary Sewer #486, North of Old Highway 30 and East of North Road. Wayne Bennett, Public Works Director, reported that this item related to the aforementioned Public Hearing and that the City Clerk's Office had received a request from 13 individuals requesting the establishment of a sanitary sewer district to serve a portion of the City north of Old Highway 30 and east of North Road. It was noted that City sewer did not currently serve the area and that the district would be assessed to property owners over a ten-year period at 7 % simple interest on the unpaid balance. Dorothy Aubushon, 3921 Reuting Road, Marcia Riedy, 3928 Reuting Road, Jack Beberniss, 3970 Reuting Road, and Doug Riedy, 3928 Reuting Road, spoke in opposition. Councilmember Lueth questioned if a tap district had been established for Ponderosa Estates. Mr. Bennett replied that it had not but that an interceptor line had been constructed and the individual lines were paid for by the developer. Councilmember Pielstick stated that she had toured the area this weekend and could not see the health risks which were described at the Study Session. I I I Page 4, City Council Regular Meeting, February 9, 1998 Clerk: Ordinance #8355 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, Preisendorf, Whitesides, Samuelson, and Murray voted aye. Sorensen, Pielstick and Lueth voted nay. Hosier abstained. Motion failed. Because the ordinance was not approved on first reading, final reading was not done. CONSENT AGENDA: City Clerk Cindy Cartwright reported that item G9b had been pulled from the agenda. Councilmember Lueth requested that item G8 be removed from the Consent Agenda. Motion by Whitesides, second by Samuelson, carried unanimously to approve the Consent Agenda with the exception of G9b and G8. Receipt of Official Documents. Civil Service Commission Meeting minutes of December 24, 1997, Library Board Meeting minutes of January 5, 1998, and tort claim of E & J Business, Inc. dba Sassy's Hair Studio. Approving Minutes of January 26. 1998 City Council Regular Meeting. and February 2. 1998 City Council Study Session Approving Request of Ricky A. Weber for Liquor Manager Designation for Carlos O'Kelly's. Inc.. 1812 Diers Avenue. Approving Request of Ms. Bea Hampton. dba Island Ice Cream. for Street Vendor Permit. Contingent Upon Issuance of License of Vehicle from the Health Department. Approving Request of Betty Wagner. Wags Subdivision. for License Agreement for Use of Public Right of Way at 1204 West Division Street for Installation of Sanitary Sewer and Water Service Lines. Approving Preliminary Plat for Richmond Subdivision. Located West of Highway 281 and South of Faidley Avenue. A warding Bid for Purchase of Commercial Front Mower to Third City New Holland in the Amount of $11.250 After Trade In. A warding Bid for Pine Street Station Asbestos and Lead Paint Abatement to Great Plains Asbestos Control in the Amount of $37.064. Approving Final Plat and Subdivision Agreement for J. H. Harder Second Subdivision. It was noted that the Final Plat for this property, located immediately west of Old St. Paul Road, approximately 1,800 feet north of Capital Avenue, would replat and consolidate existing Lots 2 and 3 of J. H. Harder Subdivision into one larger lot containing 1.2 acres. Approving Final Plat and Subdivision Agreement for L & S Subdivision. It was noted that the Final Plat and Subdivision Agreement for this property, located at the southwest corner of the intersection of 5th Street and Jefferson Street, had been submitted in order to bring into compliance I I I Page 5, City Council Regular Meeting, February 9, 1998 an unregistered conveyance of land that occurred many years ago and to adjust the common property boundary so that the boundary would coincide with the center of a garage party wall that currently straddled the two tracts of lands. Approving Final Plat and Subdivision for Murry Subdivision. It was noted that the Final Plat and Subdivision Agreement would convert the 23 existing 15,000 square foot lots into 44 new lots, each containing an area of 7,500 square feet. Approving Platte River Water Monitoring Station. It was noted that the U. S. Geological Survey Division of the Department of the Interior had historically installed, owned, and operated most stream gauging stations in our region but that due to federal budget cuts, the U.S. Geological Survey had requested financial assistance from other entities for this service. It was reported that inasmuch as the Grand Island gauge on the Platte River was an important gauging station to the City of Grand Island and was becoming more important as water issues become more critical, the Utilities Department recommended the approval of a Joint Funding Agreement for water resources investigations between the City of Grand Island and the U.S. Geological Survey and that the City's share of the project would be $2,500 or 50%. #98-35 - Approving Submittal of Community Development Block Grant Application for Street Paving and Storm Sewer Improvements. Councilmember Lueth questioned if the entire annexed area was included in the application. Mr. Iman stated that the only improvements being funded through Community Development Block Grant funds were those included in the application for the Chief Industries, Fabrication Division area. Councilmember Lueth questioned where the City's matching funds were corning from. Jerri Garroutte, Community Development Director, responded that the Utilities would be funding the water lines, the Public Works Department would be funding the street paving, sidewalks, and storm sewer, and the general administrative costs would be funded by Community Development. Motion by Lueth, second by Pielstick, to approve. Upon roll call vote, Pielstick, Lueth, Preisendorf, Whitesides, Samuelson, Murray, and Sorensen voted aye. Hosier abstained. Motion adopted. REQUESTS AND REFERRALS: Approving Request of Jim Truell for Variance to Driveway Regulations. Motion by Whitesides, second by Murray to reconsider the request of Jim Truell for a variance to driveway regulations to place a driveway at the northeast corner of Eddy Street and Oxford Street 56' from the intersection instead of the required 75'. Upon roll call vote, Pielstick, Whitesides, Samuelson, Murray, Sorensen, and Lueth voted aye. Hosier and Preisendorf voted nay. Motion to reconsider adopted. Jim Truell, 903West Division, spoke in support. Motion by Whitesides, second by Sorensen to approve the request. Upon roll call vote, Whitesides, Lueth, Pielstick, Sorensen, Samuelson, and Murray voted aye. Preisendorf and Hosier voted nay. Motion adopted. RESOLUTIONS: #98-41 - Approving One and Six Year Street Improvement Program. Motion by Sorensen, second by Whitesides to approve. Councilmember Whitesides noted that the Program was a plan and could be amended if needed. Upon roll call vote, all voted aye. Motion adopted. I I I Page 6, City Council Regular Meeting, February 9, 1998 #98-42 - Approving Agreement for Warranty Deed Relative to Acquisition of Right of Way in the Vicinity of Shoemaker School. Wayne Bennett, Public Works Director, reported that on July 14, 1997, the City Council adopted Resolution #97-151 which provided for the acquisition of right of way from Teddy & Imogene Lechner and Leighton and Jacqueline Hanover in conjunction with the construction of storm drainage ditches near Westridge Middle School and that a proposed Agreement establishing the terms of the acquisition of the property for public right of way had been prepared. PAYMENT OF CLAIMS: Motion by Lueth, second by Samuelson, carried unanimously to approve the Claims for the period of January 27, 1998 through February 9, 1998, claim #60823, #61399, and #61434 through #61799. Councilmember Preisendorf abstained from voting on Claim #61697. ADJOURNMENT: The meeting was adjourned at 8:00 p.m. Respectfully submitted, A I k~ ck K OvvkY)(J~ ~~ K. qttWright \.) City Clerk I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING February 16, 1998 Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Grand Island 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 11, 1998. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Mehring, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Lueth, Samuelson, Murray, and Sorensen. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, Public Works Director Wayne Bennett, and City Attorney Charlie Cuypers. PLEDGE OF ALLEGIANCE was said, fo111owed by INVOCATION given byReverend Dominick Pecoraro, Church of the Nazarene. RESERVE TIME TO SPEAK ON AGENDA ITEMS: No one reserved time to speak on agenda items. I PRESENTATIONS AND PROCLAMATIONS: Presentation of Heartland Vision Strategic Plan. Doyle Hulme and Scott Zana of the Heartland Vision Committee presented the newly printed Heartland Vision Strategic Plan and updated the City Council on the efforts of the Heartland Vision process. Mr. Hulme noted that many of the groups were combining with existing organizations to better utilize manpower. Mr. Zana reviewed the Heartland Vision process, including community involvement at area meetings, Vision Fair, and continuing committee work. Recognition of Jody Harper for Volunteer Effors. Mayor Gnadt recognized Jody Harper, a senior at Northwest High School, for her receipt of the Prudential Spirit of Community Award. Recognition of Community Youth Council Outstanding Youth. Councilmember Lueth and Mayor Gnadt recognized Melissa Christensen, junior at Grand Island Senior High, and Kelli O'Connor, senior at Central Catholic, for their designation by the Community Youth Council and the Grand Island Independent as Outstanding Youth. PUBLIC HEARINGS: I Public Hearing on Acquisition of Utility Easement for Monforts. Gary Mader, Utilities Director, reported that acquisition of an easement on a tract of land located at 555 South Stuhr Road was required in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers, to serve the new building addition on the east side of Monfort with the installation of primary electrical lines and placement of a transformer. No public testimony was heard. I I I Page 2, City Council Regular Meeting, February 16, 1998 Public Hearing on Acquisition of Utility Easement from Charles A. and Donna M. Douthit. Gary Mader, Utilities Director, reported that as discussed at the City Council Meeting of January 26, 1998, Buzz Douthit, 111 North Eddy, had requested the installation of a private water service which would extend through a public easement provided on the property at 726 West 1 st Street. It was noted that acquisition of an easement on a tract of land located at 111 North Eddy was required in order to have access to install a water line to serve the property at 111 North Eddy. 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 numbered: #8363 - Consideration of Groundwater Control Area for Cleburn Street Well Site 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. Councilmember Mehring seconded the motion. After inviting questions or comments and there being none, Mayor Gnadt called for a roll call vote on the motion. Upon roll call vote, all voted aye. Motion adopted. Clerk: Ordinance #8363 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. Clerk: Ordinance #8363 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 #8363 is declared to be lawfully passed and adopted upon publication as required by law. CONSENT AGENDA: Councilmember Mehring requested that item G-7 be pulled from the Consent Agenda. Motion by Seifert, second by Lueth, carried unanimously to approve the Consent Agenda with the exception of item G-7. Receipt of Official Documents. Zoning Board of Adjustment Minutes of December 9, 1997 and Civil Service Commission Minutes of January 21, 1998. Approving Minutes of February 9, 1998 City Council Regular Meeting. Councilmembers Mehring and Seifert abstained from voting. Approving Request of Charles (Buzz) Douthit, 111 North Eddy Street, for License Agreement to Allow for the Use of a Public Utility Easement for Installation of Water Service. I I I Page 3, City Council Regular Meeting, February 16, 1998 #98-37 - Approving Final Plat and Subdivision Agreement for Heavenly Haven Second Subdivision. It was noted that Steven Johnson, Ginger Johnson, Jeffrey T. Romsa, and Wendy J. Romsa, owners, had submitted the final plat for Heavenly Haven Second Subdivision located immediately west of Blaine Street, adjacent to Meadowlark Subdivision and that this final plat had been submitted in order to subdivide existing Lot 1 of Heavenly Haven Subdivision into two smaller lots, and make minor adjustment to the easterly boundary dimension of existing Lot 2. #98-43 - A warding Proposal for Future Power Supply Consulting Services to Power System Engineering. Inc.. Madison. Wisconsin. #98-44 - Awarding Bid for Water Main Proiect #424T to Diamond Engineering Company. Grand Island. Nebraska. in the Amount of $263.127.45. #98-45 - Awarding Bid for Water Main Proiect 98-W-l to Diamond Engineering Company. Grand Island. Nebraska. in the Amount of $114.363.60. #98-46 - Awarding Bid for Pickup to Parrella Motors. Grand Island. Nebraska. in the Amount of $20.966. After Trade In. #98-47 - Approving Acquisition of Utility Easement From Monfort. Inc. #98-48 - Approving Acquisition of Utility Easement from Charles A. and Donna M. Douthit. #98-50 - Approving Certificate of Final Completion for Transfer Station Office Building. Councilmember Preisendorf abstained from voting on this Resolution. #98-49 - Approving City Participation and Support of High Intensity Drug Trafficking Area Program. Charlie Cuypers, City Attorney, reported that the State of Nebraska had received a grant from the Office of National Drug Control Policy for use by various state and local law enforcement agencies to assist in the fight against drug trafficking. Mr. Cuypers added that this High Intensity Drug Trafficking Area (HIDT A) Grant provided funding for such activities and that Resolution #98-49 authorized the city to execute documents associated with the grant activities and to participate in other related efforts as may be necessary. Councilmember Seifert questioned whether the fines could be doubled in parks, as was the case in school zones. Discussion was held on the impact the HIDT A program would have on the CANDO program. Motion by Seifert, second by Mehring, carried unanimously to approve. REQUESTS AND REFERRALS: Consideration of Facility Planning Committee Recommendation Relative to Consultant. City Administrator Dale Iman reported that in November, 1997, the Mayor and Hall County Board of Supervisors Chairman formed the Grand Island/Hall County Facility Planning Committee to develop a comprehensive facilities master plan designed to provide guidance on the needs for improving, eliminating, expanding, combining or otherwise address future space needs for governmental facilities and that the Committee included representatives from both the City and County governing bodies, as well as staff from both organizations. Mr. Iman noted that the I I I Page 4, City Council Regular Meeting, February 16, 1998 Committee had been meeting regularly over the course of the last three months and had collected information relative to the existing and projected facility requirements for both the City and the County and that the Committee had now determined that the services of a professional consultant, to assist with the development of a Comprehensive Facilities Plan, would be beneficial to address engineering, planning, and design capabilities. Mr. Iman stated it was the recommendation of the Committee that a request for proposals for these consulting services be solicited. Councilmember Mehring requested that the information compiled by the committee be provided to the Councilmembers. Councilmembers Samuelson, Murray and Lueth spoke in support of proceeding with the Request for Proposals and returning the proposals to the Council for further discussion and action. Councilmember Pielstick questioned how the cost for the consultant would be allocated. Mr. Iman responded that it was proposed that the cost would be shared unless one entity increased the scope of services for their entity. Councilmember Preisendorf noted that five of the priorities were County needs, not City. Councilmember Pielstick stated that the Feasibility Studies recently completed for the Historic City Hall and the Southern Nebraska Rural Public Power building should be used by the consultant and not be duplicated. Motion by Seifert, second by Preisendorf to approve proceeding with the Request for Proposals and returning to the Council with additional information. Upon roll call vote, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Lueth, Murray, Sorensen, and Samuelson voted aye. Mehring voted nay. Motion adopted. #98-51 - Approving Animal List as Recommended by the Animal Advisory Board. Charlie Cuypers, City Attorney, reported that on March 24, 1997, the City Council adopted Ordinance #8267 amending Chapter 5 - Animals, and that the Animal Advisory Board originally presented an approved animal listing to the City Council on April 28, 1997 but that the Council directed the board to further review the issue and seek public input. Mr. Cuypers added that the Animal Advisory Board had spent considerable amount of time over the past six months researching the issue and obtaining public input and that Resolution #98-51 set forth a listing of wild animals prohibited within the city limits, as recommended by the Animal Advisory Board. Motion by Whitesides, second by Sorensen, carried unanimously to approve. #98-52 - Approving Guidelines for Commercial Animal Establishments as Recommended by Animal Advisory Board. Charlie Cuypers, City Attorney, reported that in March, 1997, the City Council adopted Ordinance #8267 amending Chapter 5 - Animals and that the Animal Advisory Board had been working with the Humane Society and local pet store owners to develop the minimum standards. Motion by Whitesides, second by Sorensen, carried unanimously to approve. #98-53 - Approving Support for LB1005 Relative to Co-Location of Nebraska Law Enforcement Training Center and the State Patrol Training Center. PAYMENT OF CLAIMS: Motion by Samuelson, second by Whitesides, carried unanimously to approve the Claims for the period of February 10, 1998 through February 16, 1998, claim #61800 through #62153, minus claim #062094 to Olsson Associates. Councilmember Preisendorf abstained from voting on Claim #61805, 61806, and 61961. EXECUTIVE SESSION: Councilmember Lueth asked what the impact of the Court's decision on the case against Godfrey Brokenrope would have on the City. Charlie Cuypers, City Attorney, responded that the City's issues and the criminal issues were different and had different standards I I I Page 5, City Council Regular Meeting, February 16, 1998 of proof, therefore the Court's action should not impact the City's issues. It was determined that the Council did not need to adjourn to Executive Session for further discussion. ADJOURNMENT: The meeting was adjourned at 8:06 p.m. Re:;;sKre~ Cindy K. Cartwright City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING March 9, 1998 Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on March 9, 1998. Notice of the meeting was given in the Grand Island Independent on March 4, 1998. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Pielstick, Hosier, Seifert, Preisendorf, Lueth, Whitesides, Samuelson, Murray and Sorensen. Councilmember Mehring was absent. The following City Officials were present: Acting City Administrator Charlie Cuypers, City Clerk Cindy Cartwright, Public Works Director Wayne Bennett and Finance Director Chuck Haase. PLEDGE OF ALLEGIANCE was said. RESERVE TIME TO SPEAK ON AGENDA ITEMS: 12 individuals reserved time to speak on agenda items. PRESENTATIONS AND PROCLAMATIONS: Vicki Rowland, 2715 West Koenig, was present to thank the Mayor for proclaiming March, 1998 as Mental Retardation and Developmental Disabilities Awareness Month. Representatives from the Wings Over the Platte Committee were present to inform that Wings would be celebrating its 10th anniversary March 19 - 22, 1998. Presentation on Groundwater Guardian A ward. This presentation was postponed due to the weather. Recognition of Daniel Heinen for Humanitarian Effort. Cindy Cartwright, representing the Community Youth Council, reported that recognition was being given to 14 year old Daniel Heinen, 117 East 14th Street, for his humanitarian efforts in providing assistance to Alice Anderson who was injured after a fall and became unable to help herself. Bev Jacobsen, Mrs. Anderson's daughter, was present to thank Daniel. PUBLIC HEARINGS: Public Hearing on Acquisition of Easement at Southwest Corner of Faidley Avenue and Webb Road. Wayne Bennett, Public Works Director, reported that acquisition of an easement located approximately 350 ft south of the south west corner of Faidley Avenue and Webb Road was required in order to install sanitary sewer service in conjunction with the further development of the property. No public testimony was heard. Public Hearing on Request of Lone Star Steakhouse and Saloon of Nebraska. 1708 North Diers Avenue. for Class "I" Liquor License. Cindy Cartwright, City Clerk, reported that Jamie I I I Page 2, City Council Regular Meeting, March 9, 1998 Coulter, Chief Executive Officer, representing Lone Star Steakhouse & Saloon of Nebraska, 1708 North Diers Avenue, had submitted an application with the City Clerk's Office for a Class "I" Liquor License. Ms. Cartwright presented the following exhibits for the record: Application for a Class "I" Liquor License submitted to the Liquor Control Commission and received by the City on February 24, 1998; notice to general public of date, time, and place of hearing published on February 27, 1998; notice to applicant of date, time, and place of hearing mailed on February 26, 1998; chapter 4 of City Code, departmental reports as required by City Code. It was noted that inasmuch as the facility had not yet been constructed, departmental recommendations for approval were contingent upon final inspection. No public comment was heard. Public Hearing: on Request of Byco. Inc.. 1222 South Locust Street. for Class "B" Liquor License. City Cartwright, reported that Byron Wheeler, 2606 Apache Road, had submitted an application with the City Clerk's Office for a Class "B" Liquor License. Ms. Cartwright presented the following exhibits for the record: Application for a Class "B" Liquor License submitted to the Liquor Control Commission and received by the City on February 23, 1998; notice to general public of date, time, and place of hearing published on February 27, 1998; notice to applicant of date, time, and place of hearing mailed on February 26, 1998; Chapter 4 of City Code, and departmental reports as required by City Code. It was noted that inasmuch as the facility had not yet been constructed, departmental recommendations for approval were contingent upon final inspection. Byron Wheeler, 2606 Apache Road, spoke in support of the application and provided the City Council with an information sheet. Dorothy Aubushon, 3921 Reuting Road, questioned the age of individuals allowed to sell alcohol. No additional public testimony was heard. Public Hearing on Request of Super Bowl for Amendment of the Existing Commercial Development (CD) Master Plan. Dave Barber, Regional Planning Director, reported that George Overfield, owner, Super Bowl, 1010 Bismark Road, had submitted a request for change of land use designation to amend the existing Super Bowl Commercial Development (CD) zone Master Plan to allow for development of a 16,000 square foot outdoor sand lot volley ball court. Mr. Barber noted that the Regional Planning Commission at their meeting of March 4, 1998 voted to deny the proposed master plan amendment based upon the present lack of development compliance with key elements of the original Super Bowl master plan related to fencing, vegetation, and berming requirements. Mr. Barber added that a recommendation had been made to redraft the Master Plan to more accurately reflect the site. Roger Steele, 2405 Santa Fe Circle, attorney representing Super Bowl, requested that the request be referred back to the Regional Planning Commission so that Mr. Overfield had an opportunity to present information to the Commission. Kay Collins, 1003 West Louise Street, and Lewis Kent, 624 East Meves, spoke in support. Ardie Grimes, 641 Martin Avenue, Ann Miller, 704 South Cherry, and Ron Miller, 704 South Cherry, spoke in opposition, citing concerns with traffic, trash, and landscaping. No additional public testimony was heard. REQUESTS AND REFERRALS: Reconsideration of Creation of Sanitary Sewer District #486. North of Old Highway 30 and East of North Road. Councilmember Lueth made a motion to reconsider creation of Sanitary Sewer District #486. Second by Sorensen. Scott Jones, 3936 Reuting Road, requested that the City Council table action until May 1, 1998, allowing the Neighborhood Association time to formalize, and educate residents. Councilmember Pielstick questioned how many families had joined the I I I Page 3, City Council Regular Meeting, March 9, 1998 Neighborhood Association. It was noted that 40 had joined. Councilmember Preisendorf questioned the time line for protesting. Wayne Bennett, Public Works Director, reported that the protest period began after publication of creation of the district and would be approximately 30-40 days after Council approval. Mike Jaeger, 1716 Virginia Drive, and Lee Meents, 3842 West Old Highway 30, spoke in support of the creation of the district. Marcia Riedy, 3928 Reuting Road, also requested delay in creation of the district. Councilmember Seifert questioned if the City had legal ramifications resulting from non-creation of the district. Charlie Cuypers, City Attorney, reported that there could be potential violations under the Nebraska Department of Health Rules and Regulations. Councilmember Preisendorf stated that a May 1 delay would not benefit the property owners. Motion by Pielstick, second by Sorensen to table the creation until May 1, 1998. Upon roll call vote, Sorensen and Pielstick voted aye. Murray, Samuelson, Lueth, Whitesides, Preisendorf and Seifert voted nay. Hosier abstained. Motion failed. Roll call vote was taken for motion to reconsider. Upon roll call vote, Murray, Samuelson, Lueth, Whitesides, Preisendorf, and Seifert voted aye. Hosier and Sorensen abstained. Pielstick voted nay. Motion for reconsideration was adopted. 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: #8355 - Consideration of Creation of Sanitary Sewer District #486, North of Old Highway 30 and East of North Road be considered for passage 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 ask for a roll call vote on each reading and final passage. Councilmember Seifert seconded the motion. After inviting questions or comments and there being none, Mayor Gnadt called for a roll call vote on the motion. Upon roll call vote, Seifert, Whitesides, Lueth, Murray, Samuelson, and Preisendorf voted aye. Hosier and Sorensen abstained. Pielstick voted nay. Motion to suspend the rules failed. Motion by Lueth, second by Samuelson to approve ordinance #8355 on its first reading. Upon roll call vote, Seifert, Whitesides, Lueth, Murray, Samuelson and Preisendorf voted aye. Pielstick voted nay. Hosier and Sorensen abstained. Motion adopted. #8366 - Consideration of Request of Super Bowl. 1010 Bismark Street. to Amend the Existing Commercial Development (CD) Master Plan to Allow for Development of Outdoor Sand Volleyball Court. Motion by Lueth, second by Seifert to refer the request back to the Regional Planning Commission for further consideration. Upon roll call vote, motion 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: I I I Page 4, City Council Regular Meeting, March 9, 1998 #8364 - Consideration of Creation of Water Main District #427T, Adams Street #8365 - Consideration of Creation of Sanitary Sewer District #487, Arch Avenue 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. Councilmember Preisendorf seconded the motion. After inviting question or comments and there being none, Mayor Gnadt called for a roll call vote on the motion. Upon roll call vote, all voted aye. Councilmember Hosier abstained from voting on Ordinance #8364. Clerk: Ordinances #8364 and #8365 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. Councilmember Hosier abstained from voting on Ordinance #8364. Motion adopted. Clerk: Ordinances #8364 and #8365 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. Councilmember Hosier abstained from voting on Ordinance #8364. Motion adopted. Mayor: By reason of the roll call votes on the first reading and then upon final passage, Ordinances #8364 and #8365 are declared to be lawfully passed and adopted upon publication as required by law. CONSENT AGENDA: Councilmember Sorensen requested that items G5h, Approving Contract for Music Performance, CYC, and G9, Approving Acceptance of Grant from Nebraska Forest Service for 1997 Tree Recovery Program, be removed from the Consent Agenda. Councilmember Pielstick requested that item G6, Approving Change Orders for East Highway 30 Project, be excluded from the Consent Agenda. Motion by Samuelson, second by Seifert, carried unanimously to adopt the Consent Agenda, excluding items G5h, G6 and G9. Receipt of Official Documents. Downtown Improvement Board Minutes of January 20, 1998 and Library Board Minutes of February 2, 1998. Approving Minutes of February 16, 1998 City Council Regular Meeting: and March 2, 1998 City Council Study Session. Approving Request of Lone Star Steakhouse & Saloon of Nebraska, 1708 North Diers Avenue, for Class "I" Liquor License. Approving Request of Monica Oberembt for Liquor Manager Designation, for Lone Star Steakhouse & Saloon, 1708 North Diers Avenue. Approving: Request of Byco, Inc.. 1222 South Locust Street, for Class "B" Liquor License. Approving: Request of Byron Wheeler for Liquor Manager Designation for Byco, Inc., 1222 South Locust Street. I I I Page 5, City Council Regular Meeting, March 9, 1998 Approving Request of John Ell for Liquor Manager Designation for Knights of Columbus. 1600 South Eddy Street. Approving Request of Frances Hissong for Liquor Manager Designation for Casey's General Stores. Inc.. 420 North Broadwell. Approving Request of Roger Minx. dba Pop's Pops. 402 West 8th Street. for Street Vendor Permit. #98-54 - Awarding Bid for 98-TV-1 to Johnson Service Company. Osceola. Nebraska. in the Amount of $33.055.19. #98-55 - Awarding Bid for Five Pickups Through State of Nebraska Vehicles Contracts. #98-56 - Awarding Bid for Rotary Mower to Big Bear Equipment Company. Omaha. Nebraska. in the Amount of $27.515. #98-57 - Awarding Bid for Softball Complex Fence to Quality Fence Company. Omaha. Nebraska. in the Amount of $25.500. #98-58 - Awarding Bid for Tractor to Green Line Equipment. Inc.. Grand Island. Nebraska. in the Amount of $13 .402.85. #98-59 - Awarding Bid for Playground Equipment to Churchich Recreational Design. Omaha. Nebraska. in the Amount of $28.061. #98-60 - Approving Transmission Service Agreement with NPPD for Buying and Selling Electric Demand and Energy. #98-63 - Approving Certificates of Final Completion for Emergency Repair of Sanitary Sewer Proiect #98-S-1. Vine Street. #98-64 - Approving Certificate of Final Completion and Setting Date for Board of Equalization for Water Main District #418T. Husker Highway. #98-66 - Approving Final Plat and Subdivision Agreement for Hehnkey Subdivision. It was reported that Warren B. & Theresa M. Garrett, owners, had submitted the final plat for Hehnkey Subdivision located immediately south of North Front Street and approximately 166 feet west of Piper Street in the Warren Subdivision and that this final plat had been submitted in order to bring a platted tract of land into compliance with the requirements of Title 100. #98-67 - Approving Acquisition of Easement at Southwest Corner of Faidley Avenue and Webb Road. #98-68 - Approving Amendment to Agreement with Ameritas Relative to Change of Effective Date for Dental Coverage. I I I Page 6, City Council Regular Meeting, March 9, 1998 #98-61 - Approving Agreement for Music Performance. Community Youth Council. Cindy Cartwright, City Clerk, reported that in June, 1997, the City of Grand Island entered into an agreement with the State of Nebraska whereby in exchange for receipt of a Family Preservation & Support Grant in the amount of $100,000, the City would work toward priority areas of the community as identified by the CYC and the State of Nebraska. Ms. Cartwright added that one of the priorities involves educating the community on cultural differences, resulting in an increased understanding and acceptance of other cultures and that in February, the CYC had received a $750 grant from the Nebraska Arts Council to be used to sponsor three performance by the Reggae Band, Ashanti. Ms. Cartwright noted that due to scheduling conflicts,the band would only be performing at two high schools instead of three so a change to the contract and Resolution, from $750 to $500, was in order. Motion by Sorensen, second by Seifert, carried unanimously to approve. Kay Collins, 1003 West Louise, spoke on the issue. #98-62 - Approving Change Orders for East Highway 30 Paving Proiect. Wayne Bennett, Public Works Director, reported that the State of Nebraska Department of Roads had developed Change Order #7, #8, #8, and #10 to the contract for East Highway 30 Paving Project and that the Change Orders provided additional concrete median surfacing, concrete median curb, sealing surface joints, additional sealing surface joints; cold milling and asphaltic concrete, Type 14; tapping existing structure, 10" ductile iron sewer pipe, and an additional manhole at Sta. 207 +03-Lt.; and additional tapping existing structure, 12" reinforced concrete sewer pipe, 21" P.V.C. sewer pipe, Class 47B-3000 concrete for inlets and junction boxes, reinforcing steel for inlets and junction boxes, cast iron covers and frames, 15" reinforced concrete sewer pipe boxes. It was noted that the net increase of the change orders was $29,018.93, with the City's share being 20% or $5,803.78. Councilmember Pielstick questioned the amount of the original contract and who the second low bidder was. Discussion was held on whether additional Change Orders were anticipated. Mr. Bennett noted that it was not unusual to have several Change Orders to a project of this magnitude. Motion by Murray, second by Preisendorf, carried unanimously to approve. #98-65 - Approving Acceptance of Grant from Nebraska Forest Service for 1997 Tree Recovery Program. It was reported that in December the Downtown Development Department had received a $6,000 grant award from the University of Nebraska Lincoln Forest Service to be used for the removal and replacement of dead, dying, or damaged trees in the downtown area. Motion by Murray, second by Whitesides, carried unanimously to approve. Kay Collins, 1003 West Louise Street, spoke on the issue. RESOLUTIONS: #98-69 - Consideration of Support Approving Waiver of Ambulance or Other Fees Associated with Evacuation at Walnut Middle School. Jim Rowell, Fire Chief, reported that as had been widely reported in the media, on February 20, 1998, students and staff at Walnut Middle School were evacuated due to unidentified airborne chemicals and that the Grand Island Fire Department responded to the call for medical assistance at the site when individuals began complaining of irritated eyes, sore throat, headaches, and nausea. Mr. Rowell noted that in all, 67 individuals had been transported to St. Francis Medical Center for medical treatment and that Mayor Gnadt had recommended that all City fees associated with the emergency situation at Walnut Middle School be waived. Motion by Sorensen, second by Pielstick to approve. Discussion was held I I I Page 7, City Council Regular Meeting, March 9, 1998 on the anticipated costs and the availability of school insurance to cover the costs. City Attorney Charlie Cuypers suggested that if Council was considering recovering expenses, they might wish to delay acting on Resolution until more specific information is available on the insurance coverage. Councilmembers Sorensen and Pielstick withdrew their motions. Motion by Sorensen, second by Whitesides, carried unanimously to table. #98-70 - Consideration of Resolution of Support for LB1075 Relative to Nebraska Municipal Comparability Act. Charlie Cuypers, City Attorney, reported that this Resolution provided for support of the concepts included in LB 1075, a proposal to adopt the Nebraska Municipal Comparability Act. It was noted that LB 1075 had been introduced by Senator Tyson of Norfolk and that on February 25, the Business and Labor Committee voted to indefinitely postpone the bill. Mr. Cuypers stated that inasmuch as the City of Grand Island wished to support legislation which would provide statutory guidelines for the Commission of Industrial Relations relative to designation of arrays to be used in connection with labor negotiations, it was recommended that the City Council adopt Resolution #98-70 expressing support for the concepts expressed in LB 1075. Motion by Lueth, second by Preisendorf, to approve. Kay Collins, 1003 West Louise Street, questioned how the Bill would affect wages. Chuck Haase, Finance Director, reported that the City was supportive of the concepts because they provided clarification, which would result in decreased litigation costs relative to labor and wage issues. Councilmember Lueth stated that she had been part of a group that met with the Senators and that the issue was one that the Council had been working toward for some time. Councilmember Murray stated that one provision was that Grand Island would be compared with communities no less than half the size of neither Grand Island nor more than twice the size. Councilmember Whitesides stated that while this would not be a complete solution, it would be an important first step. Upon roll call vote, motion was adopted unanimously. #98-71 - Approving Resolution of Support Relative to Amending EPA Regulations Pertaining to Lead and Copper Standards. Gary Mader, Utilities Director, reported that as discussed at the City Council Study Session of March 2, 1998, testing conducted by the City of Grand Island of residential water samples revealed copper levels above the Environmental Protection Agency action level which would require additional chemical additions to the City source water to adjust the corrosivity. Mr. Mader added, that epidemiological studies conducted by the Federal Center for Disease Control in Delaware and Nebraska found no adverse health affects from copper levels up to twice those found in the Grand Island sampling. It was explained that Resolution #98-71 expressed opposition to the Environmental Protection Agency regulations relative to requiring the City to complete a corrosion control study and implement modification to its source water. Motion by Seifert, second by Sorensen, carried unanimously to approve. #98-72 - Approving Resolution Relative to Placement of Four Way Stop Sign at Cannon Road and Mansfield Road. Councilmember Seifert stated that as discussed at the City Council Study Session of March 2, 1998, residents of the Westridge Middle School area had expressed an interest in traffic modifications at the intersection of Cannon Road and Mansfield Road and had suggested that stop signs be installed at the intersection, requiring all traffic to stop prior to entering the intersection. Councilmember Murray questioned whether the speed limit signs had been installed and if a four way stop would address the concerns. Wayne Bennett, Public Works Director, reported that the signs had been installed and that the four way stop signs could make minor improvements. Kay Davis, 4140 Horseshoe Place, spoke in support of the placement of the signs and stated that she had a petition signed by 85 residents who supported the traffic modification. I I I Page 8, City Council Regular Meeting, March 9, 1998 Kay Collins, 1003 West Louise Street, congratulated the neighborhood for getting involved. Councilmember Whitesides stated that it was good to see the formation of a Neighborhood Association in that area that was working to improve their own neighborhood. Motion by Seifert, second by Whitesides to approve. Upon roll call vote, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Lueth, Samuelson and Sorensen voted aye. Murray voted nay. Motion adopted. #98-73 - Awarding Bid for Pine Street Station Renovation. Gary Mader, Utilities Director, reported that in 1994, the City began evaluation of the cleanup and redevelopment of The Pine Street Power Plant and that recently, bids had been solicited for renovation work. It was noted that the development consisted of replacement of the boiler building and remodeling of the turbine and office areas and demolition of the existing Water Shop and that two bids had been received with the low bid submitted by Tri-Valley Builders, Grand Island, Nebraska in the amount of $1,330,000. Motion by Seifert, second by Preisendorfto approve. Councilmember Preisendorf questioned whether there would be savings if the building were imploded. Mr. Mader responded that all options would be pursued. Councilmember Pielstick questioned what percentage of the total contract amount was for demolition. Mike Yost, representing Olsson Associates, stated that his firm had prepared the bid and that the demolition segment had not been separated but was estimated to be approximately $200,000. Kay Collins, 1003 West Louise Street, spoke in opposition to demolition of old buildings. Upon roll call vote to approve, motion was adopted unanimously. PAYMENT OF CLAIMS: Motion by Samuelson, second by Whitesides, carried unanimously to approve the Claims for the period of February 17, 1998 through March 9, 1998, claim #60758, #60822, #61717, #61834, and #62154 through #62757. ADJOURNMENT: The meeting was adjourned at 9:25 p.m. Respectfully submitted, tl1rtwri\~ City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION March 16, 1998 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island, Nebraska was held on March 16, 1998. Notice of the meeting was given in the Grand Island Independent on March 11, 1998. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Sorensen, Pielstick, Whitesides, Lueth, Samuelson, Murray, and Mehring. Councilmembers Hosier, Seifert, and Preisendorf were absent. The following City Officials were present: City Administrator Dale Iman, and City Clerk Cindy Cartwright. Emergency/Disaster Exercise. Howard Maxon, Civil Defense/Communications Director, reported that there were five objectives to the emergency/disaster exercise which were: to determine if needed resources can be located, requested, and delivered to the emergency scene in a prompt manner, to determine the effectiveness of procedures for requesting resources from other governmental entities, to determine the capabilities of the local government to effectively perform hazardous material containment during a major emergency or disaster, to determine the level of coordination between agencies, departments, and organizations of the jurisdiction in responding to problems associated with a major emergency or disaster, and to determine the legal authority of the jurisdiction to take special actions in response to a major emergency such as ordering evacuations, purchasing equipment or services, extending government authority to non- governmental personnel who are supporting regular government forces. Representatives from the State conducted the exercise. Participants included City staff and officials, as well as individuals from the private sector and other governmental entities. Discussion on Proposed Changes Relative to Operation of Island Oasis Water Park. Steve Paustian, Parks and Recreation Director, suggested that as the City entered into the sixth year of operation of the Island Oasis Water Park, it was prudent to review the policies and procedures. Mr. Paustian presented recommendations relative to increasing the fee schedule for the after hours use of the facility from $250 to $300 per hour. Mr. Paustian recommended that the Water Park open on May 30 and close on August 30 due to temperature history and staff availability. Mr. Paustian also recommended a change in the season pass which would permit up to two adults and up to four children to be included on the pass and provide for an increase of $25 for each additional child. It was noted' that the increase was necessary due to the increase in the minimum wage and operating costs and that Council had given direction to keep Island Oasis as a self supporting facility and retire all debt. Mike Erickson, 1619 Coventry Lane, spoke in opposition to the proposed family fee increase. Councilmember Pielstick suggested that staff confront the violators and that the policy not be amended due to a few violations. Councilmember Lueth stated I I I Page 2, City Council Study Session, March 16, 1998 that the community was supportive of youth and family activities and spoke in opposition to an increase. Discussion was held on possible ways to address the few violators without penalizing the families. Kay Collins, 1003 West Louise Street, spoke on the issue. Councilmember Mehring questioned the timing of the topic and stated that the Council had approved the fees during the budget sessions. Mr. Paustian stated that he would return to the City Council with a recommendation to increase the group rental fees from $250 to $300 but would not recommend increasing the family season pass fees. Adjournment. The meeting was adjourned at 9: 15 p.m. Respectfully submitted, ( I) (\ \ .~.. 4" l II ~~. vvT VLiV'\ I \ \./ ft\J ) Cindy K. rtwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING March 23, 1998 Pursuant to due all and notice thereof, a Regular Meeting of the City Council of the City of Grand Island was conducted in the Council Chambers of City Hall on March 23, 1998. Notice of the meeting was given in the Grand Island Independent on March 18, 1998. Council President Glen Murray called the meeting to order at 7:00 p.m. in Mayor Gnadt's absence. Mayor Gnadt was attending the Groundwater Festival. The following members were present: Councilmembers Mehring, Pielstick, Seifert, Whitesides, Lueth, Samuelson, Murray, Sorensen, and Hosier. Mayor Gnadt and Councilmember Preisendorf were absent. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, Finance Director Chuck Haase, City Attorney Charlie Cuypers, and Public Works Director Wayne Bennett. PLEDGE OF ALLEGIANCE was said, followed by INVOCATION given by Reverend Gretchen Diers. RESERVE TIME TO SPEAK ON AGENDA ITEMS: One individual reserved time to speak. PRESENTATION AND PROCLAMATIONS: Bruce Dart, Health Department Director, reported that April 6 - 12, 1998 had been proclaimed Public Health Week. Cindy Cartwright, City Clerk, reported that April, 1998 had been proclaimed Parliamentary Law Month. Chuck Haase, Finance Director, and Dave Faimon of McDermott and Miller presented the City Single Audit for Fiscal Year 1997. Councilmember Mehring questioned the remaining capacity of the landfill. Wayne Bennett, Public Works Director, reported that the landfill was far from capacity. Councilmember Mehring questioned the security of the employee pension funds. Chuck Haase, Finance Director, reported that the funds were secured. Councilmember Seifert questioned the City's financial shape. Mr. Faimon responded that the City had received a clear audit and that the City's ability to secure good interest rates for bonding purposes was an indicator of the City's excellent fmancial situation. GRAND ISLAND AREA SOLID WASTE AGENCY: Motion by Sorensen, second by Whitesides, carried unanimously to adjourn to the Grand Island Area Solid Waste Agency. Public Hearing on Proposed Amendment to Grand Island Area Solid Waste Agency Budget. Chuck Haase, Finance Director, reported that on September 8, 1997, the Grand Island City Council, in its capacity as the Grand Island Area Solid Waste Agency, had adopted the Solid Waste Agency budget which included funding for construction of Cell 2 set for a two year period FY 1997-1998 and FY 1998-1999. Mr. Haase added that now it appeared that construction of the cell would begin this year, requiring the bid of $1,522,218 be awarded for the construction this Council Meeting and an additional appropriation of $698,329 be authorized for the construction of Cell 2 of the Grand Island Area Landfill. No public testimony was heard. I I I Page 2, City Council Regular Meeting, March 23, 1998 #98-SWA-1 - Approving Amendment to Grand Island Area Solid Waste Agency Budget. Councilmember Murray confirmed the funding source and that funding had originally been scheduled for next year. Motion by Sorensen, second by Seifert, carried unanimously to approve the Reconciliation Statement for the Solid Waste's Proprietary Budget. RETURN TO REGULAR SESSION: Motion by Lueth, second by Sorensen, carried unanimously to return to Regular Session. PUBLIC HEARINGS: Public Hearing on Proposed Budget Amendment Relative to Proposed Improvements to the Grand Island Area Landfill. Chuck Haase, Finance Director, reported that the City Council also needed to consider the proposed budget amendment for the Grand Island Area Landfill, as reported during the Grand Island Area Solid Waste Agency Meeting. No public testimony was heard. Public Hearing on Acquisition of Street Right-of-Way. Wayne Bennett, Public Works Director, reported that acquisition of Fonner Park Road right-of-way, located between the Sta-Rite Industries and Chief Industries plants was requested. No public testimony was heard. ORDINANCES: It was decided that Ordinance #8355 should be considered separately. Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinances numbered: #8355 - Consideration of Creation of Sanitary Sewer District #486, North of Old Highway 30 and East of North 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. Councilmember Seifert seconded the motion. Mike Jaeger, 1716 Virginia Drive, spoke in support of the District. Councilmember Pielstick questioned if the neighbors were supportive. Mr. Jaeger said that approximately 50% supported the District. Councilmember Whitesides noted that construction costs would continue to rise and it was prudent to create the District at this time. Jackie Jones, 3936 Reuting Road, asked that the creation of the District be delayed. Upon roll call vote, Councilmembers Pielstick, Lueth, Seifert, Whitesides, Mehring, Samuelson and Murray voted aye. Councilmember Hosier abstained. Councilmember Sorensen voted nay. Motion to suspend the rules failed. Motion by Lueth, second by Mehring to adopt Ordinance #8355 on its second reading. Upon roll call vote, Lueth, Seifert, Whitesides, Mehring, Samuelson, and Murray voted aye. Councilmember Pielstick voted nay. Councilmembers Hosier and Sorensen abstained. Motion to adopt Ordinance #8355 on second reading was approved. I I I Page 3, City Council Regular Meeting, March 23, 1998 Councilmember Sorensen moved that the statutory rules requiring Ordinances to be read by title on three different days be suspended and that Ordinances numbered: #8368 - Consideration of Conveyance of Community Development Property #8369 - Consideration of Amendments to Chapter 29 of City Code Relative to Nebraska Pure Food Act #8370 - Consideration of Proposed Amendment to City Code, Chapter 22, Relative to Truck Parking #8371 - Consideration of the Request for Vacation of Alley 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 Samuelson seconded the motion. After inviting questions or comments and there being none, Council President Murray called for a roll call vote on the motion. Upon roll call vote, the motion was adopted unanimously. Councilmember Lueth requested that Ordinance #8369 be taken separately. Clerk: Ordinances #8368, #8370, and #8371 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: Ordinance #8368, #8370, and #8371 on their final passage. All those in favor of the passage of these ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Council President Murray: By reason of the roll call votes on the first reading and then upon final passage, Ordinance #8368, #8370, and #8371 are declared to be lawfully passed and adopted upon final publication as required by law. #8369 - Considering Proposed Amendment to City Code. Chapter 29 Relative to Nebraska Pure Food Act. Bruce Dart, Health Department Director, reported that as discussed at the City Council Study Session of February 2, 1998, it was recommended that the City Code be amended to reflect requirements of the Nebraska Pure Food Act including a ban on unlicensed home catering; inspections of all licensed establishments take place every 180 days; a copy of all building plans for new construction and/or remodeling projects be reviewed by the Health Department to ensure the work being done meets health codes; and a change in the fee schedule for food license permits. Mr. Dart added that it was recommended that commercial grade equipment replace home style equipment when that equipment was replaced, or new was purchased. It was noted that on March 2 and 4, two public forums had been held to explain the Nebraska Pure Food Act and the proposed impact on restaurants in Grand Island and that over 30 people had attended the meetings and that on March 10, 1998, the Board of Health unanimously voted to approve the recommended changes. Councilmember Lueth moved to amend Ordinance #8369 to delete the reference to bake sales. Second by Whitesides. Councilmember Whitesides suggested that the reference to requiring two restrooms be removed also. Mr. Dart explained that the two restrooms are a State requirement of I I I Page 4, City Council Regular Meeting, March 23, 1998 any establishment that sold liquor by the drink and that existing businesses would be grandfathered in. Councilmember Sorensen confirmed that the use of commercial equipment was a recommendation, not a requirement. Councilmember Mehring questioned whether other towns in Hall County were adopting such an Ordinance. Mr. Dart responded that if the towns issued permits, changes would be made. Councilmember Mehring moved that the Ordinance be amended to provide for Building Department to conduct inspections instead of the Health Department to reduce processing time. Craig Lewis, Building Inspections Director, reported that the Health Department inspection should not delay the process and that the Health Department would be concerned with issues that the Building Department would not. Second by Sorensen on the motion to amend Ordinance to delete the reference to review of the plans by the Health Department. Upon roll call vote, Whitesides, Pielstick, Mehring and Sorensen voted aye. Murray, Hosier, Seifert, Lueth, and Samuelson voted nay. Motion failed. Roll call vote was taken on Councilmember Lueth's motion to delete the reference to bake sales. Upon roll call vote, all voted aye. Motion adopted. Clerk: Ordinance #8369 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, Mehring, Pielstick, Hosier, Whitesides, Lueth, Samuelson, Murray and Sorensen voted aye. Seifert voted nay. Motion adopted. Clerk: Ordinance #8369 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, Mehring, Pielstick, Hosier, Whitesides, Lueth, Samuelson, Murray and Sorensen voted aye. Seifert voted nay. Motion adopted. Council President Murray: By reason of the roll call votes on the first reading and then upon fmal passage, Ordinance #8369 is declared to be lawfully passed and adopted upon publication as required by law. CONSENT AGENDA: Motion by Whitesides, second by Samuelson, carried unanimously to approve the Consent Agenda, excluding items G4, G9, Glla and b, and G12. Receipt of Official Documents. Downtown Improvement Board Meeting Minutes of February 17, 1998, Civil Service Commission Meeting Minutes of February 6, 1998, and Civil Service Meeting Minutes of February 23, 1998. Approving Minutes of March 9. 1998 City Council Regular Meeting. and March 16. 1998 City Council Study Session. Councilmember Mehring abstained from voting on the March 16, 1998 City Council Study Session Minutes. Approving Request of Waylon Osterberg for Liquor Manager Designation for Pizza Hut. 1816 North Webb Road. Approving Request of Kelly J. Zook for Liquor Manager Designation for Pump and Pantry #6. Stolley Park Road and Highway 281. Councilmember Pielstick voted nay on the motion to approve. I I I Page 5, City Council Regular Meeting, March 23, 1998 Approving Request of Melissa D. McHenry for Liquor Manager Designation for Red Lobster. 3430 West 13th Street. Approving Request of Juan Hernandez for Liquor Manager Designation for EI Tapatio of Grand Island. Inc.. 2610 South Locust Street. and Saul and Alina. Inc.. dba Fiesta Latiana. 2815 South Locust Street. Councilmember Pielstick voted nay on the motion to approve. Approving Request of Randal and Mary Wilkinson. 1907 Rayburn Street. for extension to current Non Conforming Use to Allow for an Addition onto the Existing Single Family Dwelling. #98-74 - Setting Date for Board of Equalization for 1997 Weed Program Assessments. #98-75 - Approving Acquisition of Street Right of Way at Fonner Park Road. Councilmember Hosier abstained from voting. #98-76 - Approving Certificate of Final Completion for Water Main District #419T. Second Street from Vine Street to Willow Street. #98-77 - Approving Certificate of Final Completion for Water Main District #422T. Faidley Avenue from Weis Drive to the West Side of Highway 281. #98-78 - Approving Certificate of Final Completion for Water Main District #423T. Faidley Avenue from Webb Road to We is Drive. #98-80 - Adopting Solid Waste Reconciliation Statement. #98-83 - Awarding Bid for Water Main District #426T. Husker Highway Adiacent to Indianhead Subdivision to Diamond Engineering:. Grand Island. Nebraska. in the Amount of $99.682.40. #98-84 - Awarding Bid for Truck to Nebraska Truck Center. Grand Island. Nebraska. in the Amount of $21.100. After Trade In. Consideration of Request for Use of Public Streets for Street Vending Permit. Cindy Cartwright, City Clerk, reported that Silvia Correa, 5660 W. Colfax, Lakewood, Colorado, 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 prepackaged popsicles and that approval was recommended, contingent upon issuance of license of the vehicle from the Health Department. Councilmember Mehring questioned if the operation would be managed by a local individual or who would be responsible since the requesting party was from Colorado. Ms. Cartwright responded that the applicant had been notified that Council might have questions on the application and might want to consider attending the Council meeting. Motion by Sorensen, second by Mehring, carried unanimously to table to the April 6, 1998 meeting and to notify applicant of such. #98-79 - Approving Modifications to Operation of Island Oasis Water Park Relative to Group Fees. Steve Paustian, Parks and Recreation Director, reported that as discussed at the March 16, 1998 Study Session, it was recommended that the hourly private rental fee for Island Oasis Water Park be raised from $250 to $300 and that the proposed increase in fee reflected the increase in minimum wage, added operational expense of the Lazy River, and the additional benefit a renting I I I Page 6, City Council Regular Meeting, March 23, 1998 party would receive because of the new Lazy River attraction. Councilmember Seifert stated that the Water Park was a family facility and should be available to all families. Mr. Paustian stated that he would implement whatever policy the Council wanted to follow but that he had previously been given a direction to retire debt from the Water Park revenues. Motion by Seifert, second by Lueth to reduce fees, except group rates, to last year's level. After further discussion, Councilmember Seifert withdrew his motion. Discussion was held on the number of group rentals each year and the yearly revenue from group rentals. Councilmember Whitesides spoke in support of setting the hours of operation of the Water Park similar to the prior year and not the reduced days proposed. Councilmember Mehring spoke on the fee increases and suggested the fees be reviewed at a Study Session. Councilmember Seifert asked that the fees be reviewed at the next Study Session. Motion by Mehring, second by Whitesides to deny the increase to group fees. City Administrator Dale Iman stated that the philosophy of the Water Park was that it be self supporting and that if that philosophy were changed, the Water Park would have to be supported by general fund, property tax or sales tax dollars. Upon roll call vote, Mehring, Pielstick, Seifert, Hosier, Whitesides, Lueth, Samuelson and Sorensen voted aye. Murray voted nay. Motion adopted. #98-81 - Awarding Bid for Landfill Cell 2 Construction to J.J. Westhoff Construction. Lincoln. Nebraska. in the Amount of $1.522.218. Councilmember Mehring noted that his questions had been answered during the Audit Presentation. Motion by Samuelson, second by Hosier to approve. Upon roll call vote, Mehring, Pielstick, Hosier, Whitesides, Lueth, Samuelson, and Murray voted aye. Sorensen and Seifert voted nay. Motion adopted. #98-82 - Awarding Bid for Tractor to Landell-Thelen. Shelton Nebraska. in the Amount of $13.078. After Trade In. Dale Shotkoski, Assistant City Attorney, reported that the Purchasing Department had received bids for a tractor to serve the Public Works Department, Wastewater Treatment Plant Division and that four bids had been received ranging from $13,078, after trade in to $13,975, after trade in. It was reported that the low bid had been submitted by Landell- Thelen, Shelton, Nebraska in the amount of $13,078, after trade in. Motion by Seifert, second by Samuelson to approve. Larry Toner, 2121 West Charles Street, spoke in opposition to the bid award noting that the second low bid was a local bid and very close. Mr. Shotkoski stated that the State had regulations that prevented local bidder preference. Councilmember Seifert withdrew the motion to approve and Councilmember Samuelson withdrew his second. Councilmember Whitesides questioned whether the County was governed by the same Statutes. Mr. Shotkoski reported that the Statutes which applied to municipalities were different than those which applied to the County. After further discussion, Councilmember Samuelson made a motion to approve. Second by Hosier. Councilmember Hosier questioned if the City was required to accept the low bid. Mr. Shotkoski stated that if the low bid met the specifications, it had to be accepted. Councilmember Seifert spoke on preparing specifications. Charlie Cuypers, City Attorney, stated that the Legal Department had reviewed the Procurement Code and State Statutes and that allowing a local bidder preference was not allowed. Roll call vote was taken on the motion to award the bid. Upon roll call vote, Mehring, Pielstick, Hosier, Whitesides, Lueth, Samuelson, and Murray voted aye. Sorensen and Seifert voted nay. Motion adopted. #98-85 - Amending Personnel Rules Relative to Household Member Employment Within Department. Lisa Thayer, Personnel Director, reported that on October 26, 1996, the City Council, by Resolution #96-294 adopted the City Personnel Rules and Regulations and that a recommendation had been made by the Personnel Committee to amend the rules pertaining to same I I I Page 7, City Council Regular Meeting, March 23, 1998 household member employment within City departments. Mrs. Thayer explained that the amendment would allow members of the same household to be employed by the same department, but not in the same City division or within the supervisory chain of command. Councilmember Mehring questioned the need for the change. Gary Mader, Utilities Director, stated that the City had various policies over the years and that there was currently an opening for which an individual wished to apply but would not be considered due to a household member already working for the Utilities Department. Motion by Whitesides, second by Sorensen, carried unanimously to table to the next Study Session for further discussion. RESOLUTIONS: City Administrator Dale Iman reported that the following Resolutions related to Phase II of the preparation of the proposal for location of the 960 bed multi-custody facility and that on March 9, 1998, the City had been notified by the Nebraska Department of Corrections that it had topped the list of the six finalist communities and could proceed to Phase II of the application process. Mr. !man noted that it was anticipated that during the second phase soil testing, gathering of public input, and fund raising for purchase of the land will occur. Louise Barr, 2717 South August Street, requested that the Council delay action on the Resolutions until after the Public Hearing scheduled for March 31, 1998. Karen Colan, 225 Lakeside Drive, stated that there had been over 500 people in attendance at the meeting this evening to voice opposition to the prison. Councilmember Pielstick stated that the Council would have liked to attend the meeting however the meeting conflicted with the Council meeting. Councilmember Mehring noted that private funding was actually being used to attract the prison and that the City was simply showing that we would support the facility with utilities, and other infrastructure. Jim Swanson, 509 South Vine Street, spoke in opposition to the prison. Motion by Pielstick, second by Whitesides, carried unanimously to table action on the Resolutions until a Special Meeting to be held April 1, 1998 at 8:00 a.m. CLAIMS: Motion by Lueth, second by Samuelson, carried unanimously to approve the claims for the period of March 10, 1998 through March 23, 1998, claim #62758 through #63243, minus Claim #63113 as requested by Finance Director Chuck Haase. ADJOURNMENT: The meeting was adjourned at 9:29 p.m. Respectfully submitted, c8::f1~f:: fyJ- City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF SPECIAL CITY COUNCIL MEETING JOINT CITY COUNCIL/HALL COUNTY BOARD OF SUPERVISORS March 31, 1998 Pursuant to due call and notice thereof, a Special Joint City Council/Hall County Board of Supervisors of the City of Grand Island was conducted at Grand Island Senior High School Gymnasium, 2124 North Lafayette Street on March 31, 1998. Notice of the meeting was given in the Grand Island Independent on March 21, 1998 and an amended notice on the change of location was given in the Grand Island Independent on March 29, 1998. Mayor Gnadt called the meeting to order at 7:25 p.m. The following members were present: Mayor Gnadt, Councilmembers Mehring, Pielstick, Seifert, Whitesides, Lueth, Samuelson, Murray, Sorensen, and Hosier. Councilmember Preisendorf was absent. The following City Officials were present: City Administrator Dale Iman and City Clerk Cindy Cartwright. INVOCATION was given by Reverend George Wheat. PUBLIC HEARING: PUBLIC HEARING ON THE APPLICATION. SPONSORED BY THE CITY AND COUNTY. RELATIVE TO THE LOCATION OF A 960 BED MULTI-CUSTODY FACILITY NEAR GRAND ISLAND. The following individuals spoke: K. C. Hehnke, 615 Ivy Hall, spoke for, Andy Baird, 2414 Brahma spoke for, E. W. Skala, 2603 Sothman Drive spoke for, Bonnie Hinkle, 1603 Spruce Road spoke for, Keith Sinor, 4403 Calvin Drive spoke against, Jenifer Stange, 1319 North Park spoke for, Sally Hrnicek, 1816 West Stolley Park Circle spoke against, Al Thompkins, 2019 Stagecoach Road spoke for, Karen Colan, 225 Lakeside Drive spoke against, Paul Jakubowski, 2323 West Anna spoke for, Barbara Clinch, 2605 Arrowhead Road spoke against, Gerald Janulewicz, #23 Ponderosa Drive spoke for, John Clinch, 2605 Arrowhead Road spoke against, Rebecca King, 1811 Roberta Avenue spoke against, Mark Powell, 4971 Nevada spoke for, Ann Morse, 928 East Oklahoma spoke against, Valorie Bendixen, 1309 North Sheridan Place spoke for, Gerri Washington, 2407 Sherman Boulevard spoke for, Barbara Stepkens, 1809 Spring Road spoke against, Mike Touran, 1808 South Locust spoke for, Kay Fowles, 2808 Cottonwood spoke against, Monte Hehnke, 4019 Norseman spoke for, Sue Gulzow, 6601 North Sky Park Road spoke against, Hans Christiansan, 112 West 20th spoke for, Ken Elson, 1531 Stagecoach Road spoke against, James Washington, 2407 North Sherman spoke for, John Brownell, 4309 Quail Lane spoke for, Gordon Hrnicek, 1816 West Stolley Park Circle spoke against, Virginia Vieregg, 1016 West Division spoke against, David Colan, 225 South Lakeside Drive spoke against, Bill Fowles, 2808 Cottonwood Road spoke against, Bill Ruhlman, 2214 West Louise spoke for, Cindi Preisendorf, 4717 Gunbarrel Place spoke for, Gale Larson, 2419 Commerce Avenue spoke for, Rollie Reynolds, 239 South Lakeside Drive spoke for, Glendale Reiss, 910 North Boggs #104 spoke against, Sam Stelk, 1218 Plantation Place spoke against, Kay Collins, 1003 West Louise spoke against, Gloria Wolbach, 2617 Apache spoke against, Brenda Hack, 622 West 7th spoke against, Elaine DeHarde, 2815 Lakewood Circle spoke against, Tom Dinsdale, 1919 West Lamar I I I Page 2, City Council Special Meeting, March 31, 1998 spoke against, Jerry Simonds, 4341 West Capital spoke for, Darlene Niemoth, 5575 North Sky Park Road spoke against, Richard King, 1811 Roberta Avenue spoke against, Jim Stalker, 117 West 19th spoke against, Jim Creed, 1219 West 11th spoke for, Charles Stracuzzi, 706 Grand Avenue spoke for, Howard Eakes, 2212 West Anna spoke for, Art Ostermeier, 5701 North 281 spoke against, Alice Neal, 2516 Sothman Drive spoke for, Louise Miller, 1104 West Charles spoke for, Cale Neal, 2516 Sothman Drive spoke for, Curt Simons, 809 East 9th spoke for, Cynthia McCall, 9091h West 16th spoke for, Norm Bahr, 2717 South August spoke against, Georgene Miller, 416 East 10th spoke for, Jane Meidlinger, 1122 West Division spoke against, Cindy Baker-Stillwell, 1215 West John spoke for, Carol Swanson, 3023 North Webb Road spoke against, Linda Atkins, 4323 South North Road spoke against, Wayne Sasge, ,1703 Columbia Circle spoke for, Tim Elliott, 3111 Woodridge Boulevard spoke for, Carl Johnson, 314 Cardinal Drive spoke for, Father Tom Ryan, 207 South Elm spoke for, Carl Mayhew, 507 Plum Road spoke for, Lynn Wiegert, Rt. 3, Box 153 spoke against, Brian Mustion, 2612 Jay Street spoke for, Christine Van Winkle, 918 West 8th spoke against, Steve Johnson, 3530 South Blaine spoke for, Tom Ward, 4060 West Capital spoke for, William Giddings, 2311 Viking Court spoke for, Johanna Path, 238 East Airport Road spoke against, Dick Miller, 4305 Quail Lane spoke for, Jerry Reruza, St. Paul spoke against, Paul Buck, 419 East Nebraska, spoke for, Ned Meier, 720 3rd Road, spoke against, Kevin Werner, 1422 New Castle Road spoke for, Peggy Beswick, 309 Lakeside Drive, spoke against, Sean Tennant, 1116 West 6th Street spoke for, Gary Hedman, 3556 Schroeder spoke for, Audrey Long, 2611 West Koenig spoke against, Gerald Poehls, 4328 West Highway 30 spoke against, Kent Mann, 1603 Zola Court spoke for, Michael Yost, 4204 Manchester Road spoke for, Craig Lindsay, 2322 West 13th spoke against, Dan Wagoner, 17562 West Husker Highway, Wood River spoke for, Pamela Lindsay, 2322 West 13th spoke against, Jeanne Mettenbrink, 2200 East 1-R Road spoke against, Lewis Kent, 624 East Meves spoke against, Denise Arnett, 2303 Sherman Boulevard spoke against, Rod O'Sullivan, 2224 South Blaine Street spoke against, Wayne Cornelius, 5731 South 60th Road, AIda spoke against, Dee Price, 172 Ponderosa Court spoke for, Samantha Ballard, 1811 North Lafayette spoke against, Bill Leiser, 4425 North Engleman Road spoke against, Susan Haecker, 2706 Wagon Road spoke for, Jim Bruns, 476 East White Cloud Road spoke against, Gilbert Mora, 3800 North 80th Road, Cairo spoke against, Craig Wampler, 655 Swan Lane spoke for, Russ Ballou, 4145 West Airport Road spoke for, Gary Piel, 2226 Cochin spoke for, Greg Mehring, 2109 East Stolley Park Road spoke for, John Wagoner, 615 South Grant spoke against, Bill Tolle, 622 North Washington spoke against, Sherri Tolle, 622 North Washington spoke against, James Elts, 649 East MacArthur spoke against, Don Meyer, 4116 Driftwood Drive spoke for, Justine Guzinski, 1523 South Lincoln spoke against, James Leschinsky, 8751 North St. Paul Road, St. Libory spoke against, Ken Gnadt, 1610 Gretchen spoke for, Neal Kelley, 2106 Circle Drive spoke for, Judy Mettenbrink, 7051 North St. Paul Road spoke against, Woody Nelson, 2310 Macron Avenue spoke for, Mindy Hynes, 3124 West State Street spoke against, Orin Eldes, 246 Loup River Road, St. Libory spoke against, Charlie Canfield, 4015 Palace Drive spoke for, Charles Luke, Box 229, Doniphan spoke for, Justin Danndenberg, 1919 West 6th Street spoke for, Vernon Baseer, 3881 North US 281 spoke against, Jan Gustafson, Doniphan spoke against, Michael Gatto, 1524 Coventry Lane #20 spoke for, Leon Cederlind, 4706 Gunbarrel Place spoke for, Deidre Mack, 223 Voss Road spoke for, Margaret Landis, 5301 West Capital Road spoke against, David Swift, 2709 Riverview spoke against, Kurt Knapp, 3111 West College spoke against, Doyle Hulme, 2829 Brentwood Boulevard spoke for, Carol Quandt, 8937 North Quandt Road spoke against, Bill Jones, 1612 North Illinois Avenue spoke against, Dave Staab, 3103 Brentwood Boulevard spoke for, Doug Gatto, 417 South Broadwell spoke for, Kathy Leschinsky, 8751 North St. Paul Road, St. Libory spoke against, Andrew Gudget, 1315 West John spoke for, James Truell, 903 West Division spoke for, Leonard McCarty, J r., 4067 West Capital spoke for, V onda Clancy, 10 18 Claude Road spoke for, Dale I I I Page 3, City Council Special Meeting, March 31, 1998 Iman, 905 West Charles Street spoke for, Jackie Clement, 706 North Orleans Drive spoke for, Susan Schavee, 4004 Boston Circle spoke for, Todd Krekovich, 1612 North Eddy Street spoke for, Tom Carney, 214 North Custer spoke for, Michael Sandman, 222 West 7th Street spoke for, and Rinda Ueckert, 204 West 19th Street spoke for the proposal. The City Clerk and County Clerk presented exhibits for the record, including notices of meeting, agendas, rules governing the meeting procedures, and documents presented to the governing bodies throughout the evening. ADJOURNMENT. The meeting was adjourned at 10:19 p.m. Respectfully submitted, ~~t~t~ City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL SPECIAL MEETING April 1, 1998 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 on Wednesday, April 1, 1998. Notice of the meeting was given in the Grand Island Independent on March 28, 1998. A quorum present, Mayor Gnadt called the meeting to order at 8:00 a.m. The following members were present: Mayor Gnadt, Councilmembers Pielstick, Lueth, Hosier, Sorensen, Mehring, Samuelson, Whitesides, Seifert and Murray. Councilmember Preisendorf was absent. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, City Attorney Charlie Cuypers and Public Works Director Wayne Bennett. RESOLUTIONS: Deb Milton of the Economic Development Corporation reported that the official results of the public hearing held on March 31, 1998 relative to the application for location of a prison facility near Grand Island indicated that 1,974 people registered, 1,201 (61 %) registered support, 652 (33%) registered opposition, and 121 (6%) were undecided. Dale Shotkoski, Assistant City Attorney, reported that the State of Nebraska Department of Correctional Facilities required Resolutions providing for various commitments by the City. #98-86 - Authorizing Submittal of Phase 2 Application for Location of Prison Facility. #98-87 - Signing of Agreement with Nebraska Department of Correctional Services and Community Upon Final Completion. #98-88 - Approving Furnishing of Bond or Letter of Credit. Motion by Whitesides, second by Mehring to approve Resolutions #98-86, #98-87, and #98- 88. Councilmember Sorensen stated that although he supported economic development, he could not support an industry that he believed would bring drugs into the community and harm the youth. Councilmember Murray stated that the Economic Development Corporation, as well as the City, continue to work hard to attract industries and jobs to the community and that the results of the public hearing indicated community support for the prison. Councilmember Whitesides stated that decisions should be based on the facts presented and that he would be voting in support of the application. Councilmembers Pielstick and Lueth stated that with 61 % of the people registered at the Public Hearing in support of the prison facility, they would support the application and believed it would be good for the City's economy. Roll call vote was taken on the motion to approve. Upon roll call vote, Pielstick, Hosier, Seifert, Mehring, Whitesides, Lueth, Samuelson, and Murray voted aye. Sorensen voted nay. Motion adopted. I I I Page 2, City Council Special Meeting, April 1, 1998 RECESS MEETING TO APRIL 3. 1998. Mayor Gnadt stated that it was believed the County would be holding a Special Meeting to reconsider their decision to withhold support for Phase 2 of the application process until after a special election. Motion by Whitesides, second by Pielstick, carried unanimously to recess the meeting until Friday, April 3, 1998 at 5:30 p.m. The meeting was recessed at 8:30 a.m. CONVENE FROM RECESS: The meeting continued at 5:30 p.m. on Friday, April 3, 1998. All present but Councilmember Preisendorf. Mayor Gnadt called the meeting back to order at 5:35 p.m. and suggested recessing until the County Board had completed their meeting which had started at 4:00 p.m. Motion by Whitesides, second by Lueth, carried unanimously to recess until 9 p.m. Councilmember Sorensen stated that the City could take action without the County. Councilmember Whitesides suggested that the City should know what the County Board Supervisors' position was prior to the Council's meeting. Recess occurred at 5:40 p.m. CONVENE FROM RECESS: The meeting was called back to order at 9:00 p.m. All present but Councilmember Preisendorf. Mayor Gnadt reported that the County Board of Supervisors had approved the Resolutions providing for joint application and asked that the community stand behind the decisions and work together. Councilmember Murray stated that he appreciated the work of the County Board on working through the process and that the issue had been difficult and emotional. Councilmember Lueth commended the County for revisiting the issue and voting with the 61 % of the people who voiced their opinions at the Public Hearing. Councilmember Mehring asked that the community come together and begin the healing process. Councilmember Whitesides suggested that the decision could be the first step in bringing the local governments together. City Administrator Dale Iman thanked the City Council for listening to the facts and making a decision that they stood by. Mr. Iman stated that the decision should pay dividends in the future. KC Hehnke, 615 Ivy Hall, thanked the City Council, County Board and citizens of Hall County and noted that the process showed that citizens can voice their opinion, disagree, and then move on. Mayor Gnadt recognized City staff for their extra efforts. ADJOURNMENT: The meeting was adjourned at 9: 10 p.m. Respectfully submitted, ~~k Cindy K. Cartwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING April 6, 1998 Pursuant to due call and notice thereof, a Regular Meeting of the City Council was held in the Council Chambers of City Hall, 100 East First Street, on April 6, 1998. Notice of the meeting was given in the Grand Island Independent on April 1, 1998. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Mehring, Pielstick, Seifert, Whitesides, Lueth, Murray, Sorensen, and Hosier. Councilmembers Samuelson and Preisendorf were absent. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, Finance Director Chuck Haase, City Attorney Charlie Cuypers, and Assistant Public Works Director Bud Buettner. PLEDGE OF ALLEGIANCE was said, followed by INVOCATION given by Reverend Dave Harris. RESERVE TIME TO SPEAK. ON AGENDA ITEMS: 13 individuals reserved time to speak on agenda items. PRESENTATIONS AND PROCLAMATIONS: Presentation on Groundwater Guardian Award. Gary Mader, Utilities Director, introduced representatives who presented the City with a Groundwater Guardian Award in recognition of their designation as a Groundwater Guardian Community. Presentation of Tree City USA Award. Steve Paustian, Parks and Recreation Director, reported that the City would be receiving its 12th designation as a Tree City USA. Cindy Cartwright, City Clerk, reported that April, 1998 had been proclaimed as Child Abuse Prevention Month. Representatives from Girl Scout Troop #336, Trinity Lutheran, presented the Council with Blue Ribbons in recognition. Police Sergeant Gary Smith reported April 6 had been proclaimed Dare Day and that since 1989, the DARE (Drug Abuse Resistance Education) Program had challenged students to "DARE to resist drugs and violence". Councilmember Seifert thanked Sergeant Smith for his efforts with the DARE program. Ms. Cartwright reported that April 6-12, 1998 had been proclaimed as National Community Development Week. Brenda Bransister, Code Compliance Officer, and Betty Curtis from Clean Community Systems reported that April 18 had been designated as City Wide Clean Up Day and encouraged the community to participate in cleaning up the City. Ms. Cartwright reported that April 19-25, 1998 had been proclaimed National Library Week, April 24, 1998 had been proclaimed Arbor Day and April 19-25, 1998 had been proclaimed Week of the Young Child. PUBLIC HEARINGS: I I I Page 3, City Council Regular Meeting, April 6, 1998 Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinances numbered: #8367 - Consideration of Amendment to Existing Super Bowl, 1010 Bismark Road, Commercial Development Zone Master Plan to Allow for Development of Outdoor Sand Lot Volley Ball Court #8373 - Consideration of Reversion of Zoning from Residential Development Zone (RD) to Transitional Agriculture Zone (T A) for Property Located at 12th Street and Evans 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 first reading and then upon final passage and call for a roll call vote on each reading and final passage. Councilmember Whitesides seconded the motion. Councilmember Lueth stated that she had been asked to relay information from John Tignor who offered his comments as both a neighbor and a businessman. Ms. Lueth noted that Mr. Tignor supported the amendment to the Super Bowl Master Plan to allow for the volley ball courts. Discussion was held on debris at the site. Councilmember Pielstick asked that a shell be built around the dumpster and that extra dumpsters be rented if a large party is held. George Overfield, manager, stated that he would comply. Councilmember Pielstick questioned if alcohol would be served in the volley ball courts. Mr. Overfield stated that he was not asking for a liquor license at this time. Councilmember Whitesides reiterated that if alcohol was to be served in that area, Mr. Ovefield would have to amend his existing liquor license or risk penalties by the State Patrol and Liquor Control Commission. Discussion was held on the fencing of the volley ball courts. Mr. Overfield stated that an 8' chain link fence would be erected, trees would be planted around the volleyball court and that two gates would provide access to the courts. After inviting further questions or comments and there being none, Mayor Gnadt called for a roll call vote on the motion. Upon roll call vote, the motion was adopted unanimously. Clerk: Ordinances #8367 and #8373 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. Councilmember Mehring abstained from voting on #8367. Clerk: Ordinances #8367 and #8373 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. Councilmember Mehring abstained from voting on #8367. Mayor: By reason of the roll call votes on the first reading and final passage, Ordinances #8367 and #8373 are declared to be lawfully passed and adopted upon publication as required by law. CONSENT AGENDA: Councilmember Pielstick requested that item G6e be pulled from the Consent Agenda. Councilmember Mehring requested that G6d be pulled from the Consent Agenda. Motion by Whitesides, second by Lueth, carried unanimously to approve the Consent Agenda, excluding G6d and G6e. I I I Page 2, City Council Regular Meeting, April 6, 1998 Public Hearing: on Proposed Amendment to Chapter 33 of City Code Relative to Subdivision Regulations. Mr. Barber stated that this item would be pulled from the agenda due to the need for further modifications. Public Hearing on Request of Super Bowl for Amendment of the Existing Commercial Development (CD) Master Plan. Dave Barber, Regional Planning Director, reported that George Overfield, owner, Super Bowl, 1010 Bismark Road, had submitted a request for change of land use designation to amend the existing Super Bowl Commercial Development (CD) Zone Master Plan to allow for development of a 16,000 square foot outdoor sand lot volley ball court. Mr. Barber noted that the Regional Planning Commission at their meeting of March 4, 1998 voted to deny the proposed master plan amendment based upon the present lack of development compliance with key elements of the original Super Bowl master plan related to fencing, vegetation, and berming requirements and at the City Council Meeting of March 9, 1998, Council voted to return the request to the Regional Planning Commission for additional consideration. It was noted that the Regional Planning Commission, revisited their request at their meeting of April 1, 1998, and voted to approve the requested zoning amendment. Jim Eilts, 649 East McArthur, spoke in opposition to the request. Kay Collins, 1003 West Louise, and Scott Arnold, 412 North Custer, spoke in support. Applicant George Overfield, 2023 Lamar, spoke in support of the request. Ron and Ann Miller, 704 South Cherry, spoke in opposition. No additional public testimony was heard. Public Hearing on Reversion of Zoning from Residential Development (RD) Zone to Transitional Agriculture (TA) Zone. Dave Barber, Regional Planning Director, reported that at the City Council Meeting of October 9, 1995, the City Council adopted Ordinance #8134 which approved a change in land use designation from T A -Transitional Agriculture to RD -Residential Development for the 23 acres of land located at 12th Street and Evans Street to provide for construction of a planned apartment development. Mr. Barber added that the developer had been notified that inasmuch as the construction had not been completed within 18 months of the change of land use as provided for in the City Code, the zoning would revert back to Transitional Agriculture. No public testimony was heard. Public Hearing on Renewal of Conditional Use Permit to Allow for Erection of a Sign. Dave Barber, Regional Planning Director, reported that Mason and Ted Robb had submitted an application with the City Clerk for renewal of a Conditional Use Permit to allow for the erection of a 4' x 8' billboard to be located at 2813 South Locust Street. No public testimony was heard. ORDINANCES: #8355 - Consideration of Creation of Sanitary Sewer District #486. North of Old Highway 30 and East of North Road. Motion by Lueth, second by Murray to approve on third and final reading. Mike Jaeger, 1716 Virginia Drive, and Jackie Jones, 3936 Reuting Road, spoke in support. Upon roll call vote, Pielstick, Mehring, Seifert, Whitesides, Lueth, Murray, and Sorensen voted aye. Hosier abstained. Motion adopted. #8372 - Consideration of Amendments to Chapter 33 of City Code Relative to Subdivision Regulations. This item was pulled from the agenda at the request of the Regional Planning Director. I I I Page 4, City Council Regular Meeting, April 6, 1998 Receipt of Official Documents. Civil Service Commission Minutes of March 16, 1998. Approval of Minutes of March 23, 1998 City Council Regular Meeting, March 31. 1998 City Council Special Meeting and April 1, 1998 City Council Special Meeting. Approving Request of Julie Beckman for Liquor Manager Designation for Pump and Pantry #3, Capital Avenue and Highway 281. Approving Request of Michael Finck for Liquor Manager Designation for Fontenelle Oil Company, dba Holiday Station Store #114, 1404 West 2nd Street. Approving Request of Kristian Garriott for Sale of Concession Items at Pier Park. #98-89 - Approving Final Plat and Subdivision Agreement for Deaton Subdivision. Dave Barber, Regional Planning Director, reported that Richard M. Deaton and Terri A. Deaton, owners, had submitted the final plat for Deaton Subdivision located immediately south of Capital A venue and 200 feet west of St. Paul Road in order to bring two existing unplatted tracts of land into compliance with Title 100, and incorporate a lot line adjustment between the two existing tracts. #98-90 - Approving Final Plat and Subdivision Agreement for Galvan Fourth Subdivision. Dave Barber, Regional Planning Director, reported that Michael Galvan and Marilyn J. Galvan, owners, had submitted the final plat for Galvan Fourth Subdivision located immediately south of Capital Avenue and 400 feet west of St. Paul Road in order to replat parts of Lots 12 and 13 of Geer Subdivision into three new lots. #98-91 - Approving Final Plat and Subdivision Agreement for Hann's Second Addition Subdivision. Dave Barber, Regional Planning Director, reported that Mark Stelk, owner, had submitted the final plat for Hann's Second Addition Subdivision located at the northwest corner of the intersection of Koenig Street and Sycamore Street in order to resubdivide existing Lot 4 in order to create separate title to the three residential dwellings located on this property since the 1920' s. Mr. Barber added that the proposed lots did not conform to the current lot size requirements specified in the R4-High Density zone and that the applicant was seeking approval under Section 33-21 of the Subdivision Regulation. #98-92 - Approving Final Plat and Subdivision Agreement for Indianhead Second Subdivision. Dave Barber, Regional Planning Director, reported that Indianhead Golf Club L.L.C., a Limited Liability Company, as owner, had submitted the final plat for Indianhead Second Subdivision located north of Husker Highway, west of Indianhead Drive and east of the Indianhead Golf Course in order to create 22 residential lots, and has been submitted in substantial compliance with the Preliminary Plat and conformed with the City's RI-Suburban Residential zoning requirements. #98-93 - Approving Final Plat and Subdivision Agreement for Richmond Subdivision. Dave Barber, Regional Planning Director, reported that Dave Albers had submitted the final plat for Richmond Subdivision located west of Highway 281 and south of Faidley Avenue in order to create 13 office and retail commercial lots ranging in size from 26,000 sq. ft. to 6.68 acres and encompassing a total site area of 19.393 acres. #98-94 - Approving Final Plat and Subdivision Agreement for Smiley Subdivision. Dave Barber, Regional Planning Director, reported that Leland H. Smiley and Beverly A. Smiley, owners, had submitted the final plat for Smiley Subdivision located immediately west of Wetzel Road and north I I I Page 5, City Council Regular Meeting, April 6, 1998 of Seedling Mile Road in order to replat Lots 22,23, and 24 of Wetzel's Subdivision and a portion of Lot 2, Roby Subdivision into two new lots. #98-95 - Approving Final Plat and Subdivision Agreement for Starostka Subdivision. Dave Barber, Regional Planning Director, reported that L & P Investments, L. L. C., as owner, had submitted the final plat for Starostka Subdivision located immediately west of Willow Road and east of Congdon A venue in order to replat all of Lots 11 and 12, and portions of Lots 13 and 14 in Lambert's Subdivision into two new lots. #98-96 - Approving Final Plat and Subdivision Agreement for Warren Subdivision. Dave Barber, Regional Planning Director, reported that Dale Klein, owner, had submitted the final plat for Warren Subdivision located immediately west of Piper Street, 350 feet south of North Front Street in order to resubdivide existing Lots 10 and 11 of Warren Subdivision into four new lots. #98-97 - Awarding Bid for Compact Pickup Truck to Atchley Ford, Inc., Omaha, Nebraska, in the Amount of $12,743. #98-98 - Awarding Bid for Storm Sewer District #97-1 to Diamond Engineering Company, Grand Island, Nebraska, in the Amount of $268,776.48. #98-99 - Awarding Bid for Radial Tires to Great Plains Tire Center. Grand Island, Nebraska, in the Amount of $13,900. #98-102- Approving Change Order in the Amount of $1,930 to Contract with Ouality Fence Company, Omaha, Nebraska for Fence for Softball Complex. #98-100 - Awarding Proposal for Cornhusker Army Ammunition Plant Shooting: Sports Facility. Charlie Cuypers, City Attorney, reported that plans were being made to relocate the Skeet and Sporting Clay Facilities from the City's waterwell fields to the Cornhusker Army Ammunition Plant and that development of a firearms training facility for use by various law enforcment agencies was included. It was noted that two proposals for development of the facility had been received and that the proposal deemed to be in the City's best interest had been submitted by Black and Veatch Special Project Corporation, Overland Park, Kansas. It was reported that the funding for the preliminary design/cost estimate would come from the Economic Development Corporation, Federal Drug Enforcement Agency forfeiture and drug seizure funds from the Grand Island Police Department, and a locally founded and private entity, but that no City funds would be used. Councilmember Mehring questioned whether the High Intensity Drug Trafficking Area funds would be used and asked if the Skeet Club was assisting in the funding. Mr. Cuypers replied that the Skeet Club was not involved at this time. Councilmember Seifert questioned the contamination of the well field. Mr. Cuypers responded that monitoring of the field would take place for at least the next 30 years on a periodic basis. Motion by Lueth, second by Seifert, carried unanimously to approve. #98-101 - Awarding Bid for Sidewalk Proiect #1-1998. Dale Shotkoski, Assistant City Attorney, reported that bids had been received for sidewalk project #1, 1998, which provided for the placement of sidewalks on City property and that four bids had been submitted. It was noted that the low bid had been submitted by Diamond Engineering Company, Grand Island, Nebraska, in the amount of $66,273.76. Councilmember Pielstick questioned the locations. Mr. Shotkoski stated he would provide a listing of the property but that they were all city properties. Motion by Murray, second by Seifert, carried unanimously to approve. I I I Page 6, City Council Regular Meeting, April 6, 1998 REQUESTS AND REFERRALS: Denial of Request of Paleteria Zacatecas for Use of Public Streets for Street Vending Permit. Cindy Cartwright, City Clerk, reported that as discussed at the City Council Meeting of March 23, 1998, Silvia Correa, 5660 W. Colfax, Lakewood, Colorado, had made application for a Vendor's Permit to provide for use of City streets for the sale of ice prepackaged popsicles. It was noted that issuance of permit from Health Department for sale of food products was also required. Motion by Seifert, second by Whitesides to approve. Discussion was held on whether the company would have a local manager. Ms. Silvia Correa, representing the company, stated that her brother in law would be moving to Grand Island to manage the business. Councilmember Lueth questioned where the product would be sold. Ms. Correa responded that the neighborhoods would be the primary area. Discussion was held on the requirements for a health permit. Bruce Dart, Health Department Director, reported that selling products from a cart was permitted as long as the products were temperature controlled and stored in a licensed facility. Discussion was held on the fact that the applicant did not have a licensed facility to store the food products and that the products would be sent from Colorado. Councilmember Lueth expressed reservations relative to approval of the request until such a time as a licensed facility was identified. Councilmember Whitesides withdrew his second. Councilmember Murray seconded the motion to approve. Upon roll call vote, Murray voted aye. Pielstick, Hosier, Mehring, Lueth, Seifert, Whitesides, and Sorensen voted nay. Motion to approve failed. Approving Request of Jerry and Nelson Gordman for Preliminary Plat for Grand Island Plaza Subdivision. Dave Barber, Regional Planning Director, reported that Jerry and Nelson Gordman, Omaha, had submitted a preliminary plat for Grand Island Plaza Subdivision, a 13.16 acres tract of land located at the southeast corner of the intersection of Highway 281 and Capital Avenue, proposing to create a total of four commercial lots and a public street in a 13 .16 acre site situated immediately south of Capital Avenue, including the Ih Price Store. It was noted that a total of three additional commercial buildings were proposed to be sited on these lots and that all proposed lots met the requirements of the BI-Light Business zone. Mr. Barber added that this plat had been reviewed by the Regional Planning, Public Works, and Utilities Departments who had requested an amendment to the plat to allow for the southerly extension of Saint Patrick Street to provide proper traffic egress/ingress. Jerry Gordman, 9925 Essex Drive, Omaha, Larry Smith, architect, and Nelson Gordman, 10777 North 60th, Omaha, spoke in support of the request and stated that they were prepared to begin planning and construction of an upscale shopping area. Ron Depue, attorney representing Richman Gordman, stated that the applicants were opposed to constructing the Saint Patrick street, as staff recommended inasmuch, as doing so would significantly reduce the amount of parking and useable space available to the developer. John Brownell, attorney representing Grand Island Mall, spoke in support of the development but noted that the Grand Island Mall supported the extension of Saint Patrick. Brandi Bosselman, attorney representing Bosselmans, that that they were concerned with access to the property and requested that Saint Patrick be extended. Ms. Bosselman added that Bosselmans was willing to give up 15' of their property to allow for the construction of the road and that the City had entered into an agreement with Bosselmans last year to allow for access to the property. Charlie Cuypers, City Attorney, reported that the agreement the City had entered into with Bosselmans provided access but that the city had no intent to impose Saint Patrick A venue onto Bosselmans and Gordmans and that the proposed extension of Saint Patrick Avenue dated back to 1971. Motion by Lueth to approve the preliminary plat as submitted. Second by Seifert. Councilmember Pielstick questioned the amount of area needed from Bosselman and Gordman. Mr. Cuypers responded that 9' of Gordman property was needed for the street right of way and that the utilities would have to be relocated I I I Page 7, City Council Regular Meeting, April 6, 1998 at a charge to the Gordmans. Mr. Cuypers added that Bosselmans were aware of this proposed development but that Bosselmans and Gordmans had not been able to reach a compromise relative to the access. Councilmember Pielstick questioned whether traffic lights would be installed. Mr. Cuypers responded that traffic lights had been installed in a similar area, at Overland Drive and Lawrence Lane, due to agreements with the developer and that they were not provided for in this agreement. Upon roll call vote to approve the preliminary plat, Pielstick, Hosier, Seifert, Lueth, and Sorensen voted aye. Mehring abstained. Whitesides and Murray voted nay. Mayor Gnadt cast the deciding vote in support of the preliminary plat. Motion adopted. Approving Request of Mason and Ted Robb for Renewal of Conditional Use Permit for Erection of Billboard at 2813 South Locust Street for a four year period of Time. PAYMENT OF CLAIMS: Motion by Lueth, second by Murray, carried unanimously to approve the claims for the period of March 24, 1998 through April 6, 1998, claim #61942, #62904, #62905, #63061, and #63244 through #63650. ADJOURNMENT: The meeting was adjourned at 9:40 p.m. Respectfully submitted, ~ (11/ ~ &'vfvt'tJ- Cindy ; ~artwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL STUDY SESSION April 13, 1998 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island 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 April 8, 1998. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Mehring, Pielstick, Seifert, Whitesides, Lueth, Murray, and Samuelson. Councilmembers Preisendorf, Sorensen and Hosier were absent. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, and City Attorney Charlie Cuypers. Discussion on Amending Personnel Rules. Lisa Thayer, Personnel Director, reported that a Resolution was proposed which addressed the situation of an employee residing in the same household as another employee. Mrs. Thayer noted that currently the Personnel Rules prohibited members of the same household from being employed in the same City department and that the proposed amendment would change the restriction to prohibit a member of the same household from being employed in the same City division or within the supervisory chain of command. Councilmember Seifert noted that the auditors had reviewed this policy some years ago and determined that it was not a problem from their perspective as long as funds were not being handled by both. Councilmember Mehring stated that supervisory control would remain a problem. Kay Collins, 1003 West Louise, noted that the amendment should indicate that a transfer is a possibility. Lonnie Wilsey, 2021 West Division, spoke on the issue noting that the City's policy had eliminated his wife from consideration approximately one year ago. Lewis Kent, 624 East Meves, spoke on the need for equity. Councilmember Whitesides asked that the issue be placed on the April 20 City Council Meeting Agenda. Discussion on City's Role in Formation and Support of Neighborhood Associations. Councilmember Whitesides reported that he was proposing the formation of a program tentatively entitled "Community Connection" and that the program would provide financial assistance, as well as staff assistance, in the formation of neighborhood associations. Councilmember Whitesides added that it was envisioned that neighborhood associations would submit written requests to the City for matching funds to be used for playground equipment, street improvements, or other neighborhood needs, and that each application would be reviewed for appropriateness. Councilmember Lueth expressed concerns with the proposed program, citing a need for further information and clarification, and the importance of ensuring that the neighborhood took responsibility and pride for their community. Councilmember Whitesides stated that several communities have successful neighborhood associations that are assisted with City funding and he would provide additional information. I I I Page 2, City Council Study Session, Apri113, 1998 Councilmember Murray spoke in support, stating that helping neighborhoods helped the community overall. Mr. Murray suggested that a task force or committee be appointed to establish criteria for funding. Councilmember Pielstick stated that neighborhood associations work best when neighbors help each other and voiced her support for the proposed plan. Councilmember Seifert commended Councilmember Whitesides for bringing the issue forward and noted that more people attend neighborhood association meetings than attend Council meetings. Councilmember Mehring spoke in opposition and voiced reservation at solving problems with funding. City Administrator Dale Iman stated that Community Development funds were available to cities with 50,000 population to help with these types of programs. Kay Collins, 1003 West Louise Street, spoke in opposition to city funding. Belinda Wessels, Indian Acres Homeowners Association, spoke in support of city assistance. Lewis Kent, 624 East Meves, spoke on the issue. Mayor Gnadt stated that he would put together a committee to review the proposal. Discussion on Amending: Dates for Open Burning:. Councilmember Pielstick stated that she would like the dates for open burning to be amended to reflect the weather conditions and to allow for open burning earlier in the fall and later in the spring. Jim Rowell, Fire Chief, stated that the vote of the people was to have a two week period for open burning in the fall and in the spring and that the Council had allowed the Fire Chief the latitude to extend the dates if unfavorable weather was probable. Charlie Cuypers, City Attorney, suggested that open burning be held close to the dates for the City wide clean up but not at the same time. Councilmember Pielstick asked that amending the dates be put on the next City Council meeting agenda. Discussion on Licensing of Termite Inspectors. Councilmember Seifert stated that he had been approached by a resident who expressed concern that the City did not have licensing authority over termite inspectors. Craig Lewis, Building Inspections Director, reported that the State licensed the inspectors to use chemicals. Councilmember Samuelson suggested that if residents were worried about qualifications or cost they should ask for references and obtain other quotes. Councilmember Seifert noted that Omaha and Lincoln had local approval process for termite inspectors. Councilmember Mehring spoke against City government licensing the inspectors. Councilmember Seifert noted that he would obtain additional information from Omaha and Lincoln on their programs. Discussion on Renewal of Employee Health Care Insurance Program. Chuck Haase, Finance Director, reported that the City of Grand Island's health insurance was self-insured and that the City had entered into an agreement with Blue Cross and Blue Shield to provide administrative services relating to the policy at a rate of 9% of claims. It was noted that the policy expired on May 1, 1998 and that renewal of the agreement was necessary to continue the existing services. Mr. Haase noted that the rating projection report from Blue Cross Blue Shield showed a projected increase of 21 %. Councilmember Pielstick questioned if this increase was an industry trend or specific to the City. Mr. Haase responded that the increase was the result. I I I Page 3, City Council Study Session, April 13, 1998 in the increase in the number of claims submitted as well as rising costs of medical coverage Councilmember Pielstick suggested putting the administrative service component out for bids. Mr. Haase stated that the City had done so approximately two years ago. Dan Schwartzkopf, representing Blue Cross/Blue Shield, stated that the number of medical services available had increased over the years and this resulted in increased medical costs and claims. Councilmember Mehring questioned whether funds could be saved if the City switched to a HMO. Lisa Thayer, Personnel Director, responded that there were no HMO organizations in Grand Island at this time. Councilmember Pielstick questioned whether the increased costs of insurance would be passed on to the employees. Mr. Haase noted that the City had existing contracts with many labor union groups, which addressed health insurance benefits. City Administrator Dale Iman suggested that it would be beneficial to address utilization of the program over reducing benefits or other cost saving methods. Councilmember Pielstick asked if employees had been notified of the increase. Mrs. Thayer stated that all union presidents had received notification of the planned increase and invited to attend the City Council meeting and that non-union employees would also be notified. Councilmember Mehring questioned when discussion of the health insurance benefits would take place. Mr. Haase stated that it was anticipated discussion would take place in conjunction with the budget process. Councilmember Mehring spoke in support of reducing Blue Cross Blue Shield's administrative fee and putting the services out for competitive bids. Kay Collins, 1003 West Louise Street, and Mark Powell, president of the Fraternal Order of Police, spoke on the issue. Adjournment. The meeting was adjourned at 8:45 p.m. Respectfully submitted, Cut d l-'{ JZ (I,UvflftJ 1St Cindy K. Cartwright City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING April 20, 1998 Pursuant to due call and notice thereof, a Regular Meeting of the City Council was held in the Council Chambers of City Hall, 100 East First Street, on April 20, 1998. Notice of the meeting was given in the Grand Island Independent on April 15, 1998. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Mehring, Preisendorf, Samuelson, Pielstick, Whitesides, Lueth, Murray, Sorensen, and Hosier, Councilmember Seifert was absent. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, Finance Director Chuck Haase, City Attorney Charlie Cuypers, and Public Works Director Wayne Bennett. PLEDGE OF ALLEGIANCE was said. RESERVE TIME TO SPEAK ON AGENDA ITEMS: One individual reserved time to speak on agenda items. PRESENTATIONS AND PROCLAMATIONS: Ann Atkins, co-chair of the Alternative Activities for Youth Sub-committee of the Community Youth Council, along with Garrett Clark, Megan Pulte, Kristina Woita, Michaela Janda, and Becky Ramirez, co-chair, updated the City Council on the proposed Community Youth Council summer activities. Marilyn Lueth, Community Youth Council, presented representatives from Americorp with a Certificate of Appreciation in recognition of National Youth Service Day. Ms. Lueth also recognized Tyler Hughes for his dedication to the youth of the community with implementation of a boxing school. Marlene Mersch from the Health Department reported that April 19-25, 1998 had been proclaimed as National Infant Immunization Week. BOARD OF EQUALIZATION: Motion by Mehring, second by Lueth, carried unanimously to adjourn to the Board of Equalization. #98-2- Determining Benefits for Water Main District #418T,Husker Highway. 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 #418T, located along Husker Highway, from Regal Drive to Langenheder Street. Warren Korbett, 204 West 18th Street, spoke on the issue. Motion by Sorensen, second by Pielstick, carried unanimously to approve. #98-3- Determining: Benefits for Water Main District #419T, Second Street from Vine Street to Willow Street. 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 #419T, Second Street (U.S. Highway 30), from Vine Street to Willow Street. Motion by Sorensen, second by Pielstick, carried unanimously to approve. I I I Page 2, Regular City Council Meeting, April 20, 1998 #98-4 - Determining Benefits for Water Main District #422T, Faidley Avenue From Weis Drive to West Drive to West Side of Highway 281. 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 #422T, Faidley Avenue from Weis Drive to the west side of U.S. Highway 281. Motion by Sorensen, second by Pielstick, carried unanimously to approve. #98-5 - Determining Benefits for Water Main District #423T, Faidley Avenue from Webb Road to Weis Drive. 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 #423T, Faidley Avenue from Webb Road to the west side of U.S. Highway 281. Motion by Sorensen, second by Pielstick, carried unanimously to approve. #98-6 - Determining Benefits for 1997 Weed Abatement Program. Chuck Haase, Finance Director, reported that each year it was necessary for the City Council to meet as the Board of Equalization to consider a Resolution relative to the Weed Abatement Program. Motion by Sorensen, second by Mehring, carried unanimously to approve. RETURN TO REGULAR SESSION: Motion by Lueth, second by Preisendorf, carried unanimously to return to Regular Session. PUBLIC HEARINGS: Public Hearing on Acquisition of Utility Easement from Ice Castles, Inc. Gary Mader, Utilities Director, reported that acquisition of an easement located on Lot three (3), Block 19 of Bonnie Brae Addition was required in order to install, upgrade, maintain, and repair power appurtenances, including lines and transformers and to serve a new business. No public testimony was heard. Public Hearing on Acquisition of Utility Easement from Steve and Ginger Johnson. Gary Mader, Utilities Director, reported that acquisition of an easement located on Lot one (1) of Heavenly Haven Subdivision was required in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers and to allow for installation of underground power lines without disturbing trees located on the property. No public testimony was heard. Public Hearing on Acquisition of Utility Easement from Steve and Ginger Johnson. Gary Mader, Utilities Director, reported that acquisition of an easement located on Lot two (2) of Heavenly Haven Subdivision was required in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers and to allow for installation of underground power lines without disturbing trees located on the property. 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: #8374 - Consideration of Amendment to City Code Relative to Dates for Open Burning #8375 - Consideration of Assessments for 1997 Weed Abatement Program I I I Page 3, Regular City Council Meeting, April 20, 1998 #8376 - Consideration of Conveyance of Property at 930 South Claussen Street to Tom Chapman 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 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 Mehring. After inviting questions or comments and there being none, Mayor Gnadt called for a roll call vote on the motion. Upon roll call vote, all voted aye. Motion was adopted. Clerk: Ordinances #8374, #8375, and #8376 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 #8374, #8375, and #8376 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 final passage, Ordinances #8374, #8375, and #8376 are declared to be lawfully passed and adopted upon publication as required by law. CONSENT AGENDA: Councilmember Lueth requested that item G4a be removed from the Consent Agenda. Motion by Pie Is tick, second by Preisendorf, carried unanimously to approve the Consent Agenda, excluding G4a. Receipt of Official Documents. Civil Service Commission Meeting Minutes for March 20, 1998, Civil Service Commission Meeting Minutes of March 31, 1998, Zoning Board of Adjustment Meeting Minutes of February 10, 1998, Library Board Meeting Minutes of March 2, 1998, Tort Claim of Janis K. and Roland W. Westerby, and Pawnbroker's License Applications and bonds for 3rd Street Emporium, Wayne's Pawn Shop, Stewart's Loan and Pawnshop, and G.I. Loan Shop, Inc. Approving Minutes of April 6. 1998 City Council Regular Meeting and April 13. 1998 City Council Study Session. Councilmember Preisendorf abstained from voting on the minutes of April 6 and April 13. Councilmember Samuelson abstained from voting on the minutes of April 6. #98-104 - Approving Request of MF Grand Island. Inc for Satellite Keno Operation for Mickey Finn's Pub. 2808 Old Fair Road. #98-106 - Awarding Bid for Truck Mount Sludge and Compost Mixer to Nebraska Truck and Equipment Company. Inc.. Lexington. Nebraska in the Amount of $29.600. #98-107 - Awarding Bid for Tree Recovery Service to Earl May Garden Center. Grand Island. Nebraska. in the Amount of $7.873.87. I I I Page 4, Regular City Council Meeting, April 20, 1998 #98-108 - Approving Lease Agreement with Overland National Bank Relative to Rental for Parking Spaces at a Rate of $180/Year Per Stall for 10 Stalls. #98-109 - Approving Connection Fees for Water Main District #418T. Husker Highway. #98-110 - Approving Connection Fees for Water Main District #419T. Second Street from Vine Street to Willow Street. #98-111 - Approving Connection Fees for Water Main District #422T. Faidley Avenue from Weis Drive to the west side of Highway 281. #98-112 - Approving Connection Fees for Water Main District #423T. Faidley Avenue from Webb Road to Weis Road. #98-113 - Approving: Acquisition of Utility Easement from Ice Castles. Inc. #98-114 - Approving: Acquisition of Utility Easements from Steve and Ginger Johnson. #98-115 - Amending License Agreement for Remediation Technolo~ies. Inc. to Expand the Area of the Public Right-of-Way from Which Soil Samples Are Taken. #98-104 - A warding Bid for Front Wheel Drive Front End Loader to Contractors Machinery. Inc.. Grand Island. Nebraska. in the amount of $69.680 After Trade In. Wayne Bennett, Public Works Director, reported that the Street and Transportation Division had submitted a request for the purchase of a front wheel drive front end loader and that two bids had been received in the amounts of $69,680, after trade in and $71,750.00, after trade in. It was recommended that the bid submitted by Nebraska Machinery Company, Doniphan, Nebraska in the amount of $71,750 be considered in the City's best interest due to the significant difference in repurchase price. Motion by Murray, second by Preisendorf to award the bid to Nebraska Machinery Company. Councilmember Lueth suggested that inasmuch as the model being replaced was 11 years old, the City should purchase the loader with the lower cost, regardless of the repurchase price. Councilmember Samuelson questioned whether the two products were comparable. Councilmember Mehring questioned whether the repurchase went with the local dealer or the manufacturer. Mr. Bennett stated that he would need to research the issue. Roll call vote was taken on the motion to award the bid to Nebraska Machinery. Upon roll call vote, Hosier, Preisendorf and Murray voted aye. Samuelson, Mehring, Lueth, Sorensen, Pielstick, and Whitesides voted nay. Motion failed. Motion by Whitesides, second by Mehring to award the contract to Contractor's Machinery in the Amount of $69,680. Upon roll call vote, Hosier, Preisendorf, Samuelson, Mehring, Lueth, Sorensen, Pielstick, and Whitesides voted aye. Murray voted nay. Motion adopted. RESOLUTIONS: #98-85 - Approving Amendment to Personnel Rules Relative to Employment of Members of Same Household. Dale Iman, City Administrator, reported that as discussed at the City Council Study Session of April 13, 1998, on October 26, 1996, the City Council, by Resolution #96-294 adopted the City Personnel Rules and Regulations and that a recommendation had been made by the Personnel Committee to amend the rules pertaining to same household member employment within City departments. Mr. Iman explained that the amendment would allow members of the same I I I Page 5, Regular City Council Meeting, April 20, 1998 household to be employed by the same department, but not in the same City division or within the same supervisory chain of command. Motion by Sorensen, second by Whitesides to approve. Councilmember Lueth questioned whether this type of employment would occur in City Hall. Mr. Iman explained the change was being made relative to divisions, not departments. Councilmember Mehring spoke in opposition to changing the rules voicing concerns with supervisory issues. Councilmember Preisendorf stated the new rules should prevent supervisory concerns. Utilities Director Gary Mader stated that the policy as a whole should be considered. Chuck Haase, Finance Director, noted that the current policy applied only to applicants and did not address employees. Upon roll call vote to approve, Samuelson, Whitesides, Lueth, Sorensen, Hosier, Preisendorf, and Murray voted aye. Pielstick and Mehring voted nay. Motion adopted. #98-116 - Approving Request for Hearing from the Department of Health and Human Services Relative to the Copper Administration Order. Gary Mader, Utilities Director, reported that on March 9, 1998, the City Council adopted Resolution #98-71 which expressed concern relative to the Copper Action Level established by the Environmental Protection Agency and that the Resolution also asked that the Environmental Protection Agency conduct additional research on this matter. Mr. Mader added that on March 24, 1998, the City, as well as 64 other Public Water suppliers across the State, received an Administrative Order from the Nebraska Department of Health and Human Services directing the City to proceed to alter its water supply. It was noted that the Administrative Order allowed the owner of the public water supply to request a hearing before the Director of Health and Human Services Regulatory and Licensing within 30 days of the order. Motion by Whitesides, second by Pielstick to approve. Councilmember Murray questioned whether the legal arguments raised by the City would be successful. Charlie Cuypers, City Attorney, stated that one of the problems with the EP A standards are that they are very limited and that the City would make an argument to challenge the copper rule and hope the Courts would agree. Councilmember Mehring stated that Senator Hagel had been speaking out on the EP A regulations and that the treatment to conform to the regulations could prove to be very costly. Upon roll call vote, motion was adopted unanimously. #98-117 - Approving Renewal of Administrative Services Agreement with Blue Cross/Blue Shield Relative to Processing Health Insurance Claims. Chuck Haase, Finance Director, reported that as discussed at the Study Session of April 13, 1998, the City entered into a one year agreement with Blue Cross/Blue Shield on April 28, 1997 whereby Blue Cross/Blue Shield would provide administrative services for the City's self-insured program and that Resolution 98-117 provided that the administrative services agreement be renewed for the period of May 1, 1998 to April 30, 1999. Motion by Samuelson, second by Sorensen to approve. Councilmember Mehring questioned the fee being paid to Blue Cross/Blue Shield. Motion by Mehring, second by Pielstick to amend the fee paid to Blue Cross/Blue Shield from 9 % to 8.65 % . Councilmember Pielstick suggested a multi-year contract be entered into. Upon roll call vote to amend the fee paid, Pielstick, Lueth, Mehring, Sorensen and Whitesides voted aye. Hosier, Preisendorf, Samuelson and Murray voted nay. The Mayor did not vote to reduce the fee. Roll call vote was taken on the motion to approve the Administrative Services Agreement. Upon roll call vote, Hosier, Preisendorf, Samuelson, Murray, Mehring, and Sorensen voted aye. Pielstick, Whitesides, and Lueth voted nay. Motion adopted. PAYMENT OF CLAIMS: Chuck Haase, Finance Director, reported that Claim #63764 had been pulled. Motion by Samuelson, second by Pielstick carried unanimously to approve the claims for the period of April 7, 1998 through April 20, 1998, claims #63651 through #63763 and claims #63765 through #64169. Page 6, Regular City Council Meeting, April 20, 1998 I ADJOURNMENT: The meeting was adjourned at 8:50 p.m. I I Respectfully submitted, ~I(\~ ~ QM/~ Cindy K. dttwright City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION April 27, 1998 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 on April 27, 1998. Notice of the meeting was given in the Grand Island Independent on April 22, 1998. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Mehring, Preisendorf, Samuelson, Pielstick, Whitesides, Lueth, Murray, Seifert, and Hosier. Councilmember Sorensen was absent. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, Public Works Director Wayne Bennett, and Finance Director Chuck Haase. Presentation of City's Semi Annual Financial Summary. Chuck Haase, Finance Director, reported that the semi-annual financial summary showed that the City had maintained a high quality service, lowered debt, increased cash reserves, and lowered the City's share of property tax. Mayor Gnadt questioned when the last general obligation bonds were paid off. Mr. Haase responded in 1992. Councilmember Mehring questioned the electric in lieu of tax item. Mr. Haase stated that the Utility Department did not pay property tax and that power companies routinely paid municipalities in lieu of paying taxes. A review of the general fund summary, long term debt summary and revenue summary was given. Discussion on Modifications to West Grand Island Street Master Plan Including Westridge School Area. Dale Iman, City Administrator reported that City staff had developed a West Grand Island Street Master Plan to address the inefficient street patterns in existence in west Grand Island. Dave Barber, Regional Planning Director, noted that an interconnecting grid of collector streets no more than half a mile apart was critical to the long-term growth needs of the area. Wayne Bennett, Public Works Director, stated that the proposed Master Plan included the area from Highway 2 to Highway 30 from Engleman to the Moores Creek Floodway west of Highway 281. Mr. Bennett reviewed the alternatives available to adequately serve existing and future traffic needs. It was noted that the alternative of extending Manchester due east to North Road would cost approximately $610,000 and would probably have to be funded by City tax dollars. Mr. Bennett stated that the second alternative, utilizing the Manchester, Mansfield and Cannon Corridor, would provide a direct connection to State Street at North Road and would eliminate the 90-degree corners in the Cannon/Mansfield and Manchester/Mansfield area. A review of the North-South Collector alternatives was given. Mr. Bennett suggested that one option would be to utilize the extensions of Lariat and Mansfield as subdivision progressed which would reduce the amount of public tax dollars I I I Page 2, City Council Study Session, April 27, 1998 required and that another option would be to extend Independence from Manchester straight south to 13th Street but the cost to complete this project would be approximately $825,000 and tax dollars would need to be utilized. Councilmember Pielstick noted that if Independence were extended, Mansfield would not have to be extended. Councilmember Seifert stated that routing all traffic on the east side of the school would increase the problems and noted that the Third City Christian Church might not build on the property in question if there were assessments. Discussion was held on the availability of state or federal funds to assist with the project. Dale Iman, City Administrator reported that Community Development Block Grant funds could not be used in the area due to income levels. Mr. Iman stressed the importance of establishing a Master Plan that could be used over the next decade. Mike Yost, representing the Northwest Neighborhood Association, 4204 Manchester, spoke in support of extending Independence Avenue. Kay Davis stated that the Neighborhood Association had three concerns: safety, flow of traffic, and cost of project. Tony Clark, 3212 Memphis Place, spoke, representing Third City Christian Church, and stated that the Church had planned to construct their facility in the location where Mansfield was proposed to be extended. Mr. Iman stated that with the lids imposed by the State Legislature, the project could not be constructed in one year, even with an increase in taxes. Scott Jones, 3936 Reuting Road, spoke on the issue. Ken Karmann, 4250 Branding Iron Court, questioned if the City was aware of developers interested in developing the proposed area. Russ Lane, 3125 Westside, Kay Collins, 1003 West Louise, Mike Wagner, 4 Navajo Drive, Dan Walter, 1021 West Koenig, Larry Gerdes, 2510 Parkview Drive, Randy Poland, 4504 Quail, spoke on the issue. Councilmember Whitesides stated that he would be opposed to the extension of Mansfield knowing that the Church planned to construct a facility on that property. Mayor Gnadt stated that he would form a committee to review all options. Discussion on City Sponsored Credit Card. Chuck Haase, Finance Director, reported that as a result of Council interest, he had researched the interest from local banks in sponsoring a City of Grand Island credit card. It was noted that the proceeds of such a credit card would be used for programs that were tax supported and that a program of this type would encourage community pride. Kurt Haecker, 2706 Wagon Road, representing Norwest, stated that the success to such a program was based on the promotion of the program and the amount of usage. Councilmember Lueth spoke in support of the program and noted that Hastings had implemented a city credit card approximately four years ago. Ms. Lueth added that marketing was critical. Direction was given to Mr. Haase to proceed with discussing specifics with the local bank that had shown interest. Discussion on Policy Relative to Acceptance of Credit Cards. Chuck Haase, Finance Director, reported that the State of Nebraska had recently enacted legislation that authorized cities to accept credit card payments for municipal services and that the State had awarded the bid for this purpose to First of Omaha Merchant Processors. Discussion was held on the costs of accepting credit card payments. Mr. Haase stated that the equipment required would cost approximately $400. Dale Iman, City Administrator reported that accepting credit cards would be a service to the customer. Councilmember Murray questioned whether paying bills over the I I I Page 3, City Council Study Session, April 27, 1998 Internet was a future possibility. Mr. Haase stated that a resolution would be forwarded to the City Council at the next meeting, which would authorize the Mayor to sign the contract with First Omaha, under the State bid. Adjournment. The meeting was adjourned at 9:40 p.m. Respectfully submitted, Ullc4 K ~ Cindy K. Cartwright City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING May 4, 1998 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 29, 1998. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Mehring, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Lueth, Samuelson, Murray, and Sorensen. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, 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 Reverend Doug Stensby, Messiah Lutheran. RESERVE TIME TO SPEAK ON AGENDA ITEMS. One individual reserved time to speak on agenda items. PRESENTATIONS AND PROCLAMATIONS: Sergeant Gary Smith presented students from the Shoemaker DARE Program who entertained the City Council with two anti-drug/alcohol songs. Trish Beem and Renae Seifert of the Grand Island/Hall County Convention and Visitors Bureau distributed information and lapel pins to the Council in recognition of Tourism Week, May 4-8, 1998. Cindy Cartwright, City Clerk, reported that the Mayor had proclaimed May 13, 1998 as National Speech and Hearing Day. Erik Thomas of KDSI presented the Grand Island Area Foundation's Web Page and the new Web Page for the Community Youth Council. Nicole Razey, Youth Services Coordinator, discussed the development of the Web Page and thanked the Council for the commitment to the youth. Bill Schlacter, Steering Committee member of the Methamphetamine Task Force, updated the City Council on the recent activities of the Task Force. Betty Curtis, Clean Community Systems, and Brenda Branstiter, Code Compliance Officer, reported on the 2nd Annual City Wide Clean Up Day and presented certificates of appreciation to businesses who had donated food and drink coupons for the volunteers. It was noted that over six tons of trash had been collected. PUBLIC HEARING: Public Hearing: on Request of Vista Stores. 2223 South Locust Street. for Class "B" Liquor License. Cindy Cartwright, City Clerk, reported that Avry Davidovich, President, Vista Stores, LLC, dba Vista Stores #3009, 2223 South Locust Street, had submitted an application with the City Clerk's Office for a Class "B" Liquor License to replace the Class "B" Liquor License currently held by C-Mart. The following exhibits were presented for the record: Application submitted to the Liquor Control Commission and received by the City on April 21, 1998; notice to the applicant of the date, time, and place of hearing mailed on April 21, 1998; notice to the general public of date, time, and place of hearing published on April 23, 1998; departmental reports as required by City Code and Chapter 4 of City Code. No public testimony was heard. I I I Page 2, City Council Regular Meeting, May 4, 1998 CONSENT AGENDA: Motion by Pielstick, second by Whitesides, carried unanimously to approve the Consent Agenda in its entirety. Approving Minutes of April 20. 1998 City Council Regular Meeting and April 27. 1998 City Council Study Session. Approving Request of Ben Lobo. dba Prisa Mexican Market Store. 124 West 4th Street. for Change of Location for Class "B" Liquor License from 124 West 4th Street to 224 East 4.h Street. Approving Request of Visa Stores. LLC. dba Vista Stores #3009. 2223 South Locust Street. for Class "B" Liquor License. Approving Request of Donald Church for Liquor Manager Designation for Vista Stores. LLC. dba Vista Stores. 2223 South Locust Street. Approving Request of D.R.K.. Inc.. dba Alibi Lounge. 908 North Broadwell. for Special Designated Liquor License for Saturday. May 23. 1998. Approving Appointment of Nadine Mathews to the Animal Advisory Board. Effective Immediately and Expiring May 1. 2001. Approving Appointments of Hal Maggiore. Dan Navotny. Bryan Fiala. Becky Ramirez. Rafael Beltran. Juan Guzman. George Overfield. Lee Elliott. and Angie Roman to the Human Rights Commission. Effectively Immediately and Expiring May 4. 2001. Approving Appointments of Councilmembers Whitesides. Pielstick and Samuelson. Public Information Director Cartwright and Community Development Director Jeri Garroutte to the Neighborhood Association Committee. #98-118 - Approving Continuation of Sanitary Sewer District #487. Arch Avenue. REQUESTS AND REFERRALS: Consideration of Request for License Agreement for Parking in Right of Way . Wayne Bennett, Public Works Director, reported that Walter C. Beck, 4067 David Avenue, had submitted an application for a License Agreement to allow for the parking in the right-of-way in front of 1109 North Wheeler and that City policy prohibited the use of public right-of-way without the approval of the City Council and the execution of a License Agreement. It was noted that the application had been reviewed by the Public Works, Building Inspection, Utilities, and Planning Departments and that denial had been recommended inasmuch as the City Code and Zoning Regulations do not provide for parking in the right-of-way. Motion by Preisendorf, second by Samuelson to deny the request. Councilmember Pielstick questioned the availability of alternate parking. Councilmember Sorensen stated that he did not believe there was any other available space. Motion by Mehring, second by Seifert to table to a Study Session for further discussion. Upon roll call vote, Mehring, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Lueth, Samuelson and Sorensen voted aye. Murray voted nay. Motion adopted. I I I Page 3, City Council Regular Meeting, May 4, 1998 RESOLUTIONS: #98-119 - Approving Contract with First National Bank of Omaha Relative to Credit Card Processing. Chuck Haase, Finance Director, reported that as discussed at the City Council Study Session of April 27, 1998, the Nebraska Legislature adopted LB 70, which authorized State agencies, municipalities, and other political subdivisions to accept credit cards as a method of payment. Mr. Haase added that in February, 1998 the State approved a five year contract with First National Bank of Omaha, dba First of Omaha Merchant Processing as the credit card processor for the State and that municipalities were authorized to utilize the State's negotiated terms with First of Omaha provided that the municipality enter into its own agreement with First of Omaha. It was noted that the agreement provided for a processing charge of $.069 per transaction but that the actual cost of the transaction would vary, depending on the type of transaction. Dale Shotkoski, Assistant City Attorney, reported that an Ornni 470 processing machine was required to accept the credit and debit cards and that the cost of the machine was $485.63. Dave Johnson, representing First of Omaha, 2334 North 63rd Street, spoke in support. Motion by Whitesides, second by Seifert, carried unanimously to approve. PAYMENT OF CLAIMS: Finance Director Chuck Haase requested that Claims #64513, #64525, and #64527 be removed. Motion by Whitesides, second by Preisendorf, to approve Claim #64170-#64512, #64514-#64524, #64526, #64528-#64542. Upon roll call vote, Mehring, Hosier, Seifert, Whitesides, Preisendorf, Samuelson, Lueth, Murray, and Sorensen voted aye. Councilmember Seifert abstained from voting on Claim #64206. Councilmember Pielstick stated that she was abstaining from voting inasmuch as she had not received the Schedule of Bills payable. Motion to pay the claims was adopted. ADJOURNMENT: The meeting was adjourned at 8:25 p.m. Respectfully submitted, ~cir.~CAJL~ Cindy K. Cartwright City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION May 11, 1998 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, on May 11, 1998. Notice of the meeting was given in the Grand Island Independent on May 6, 1998. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Mehring, Murray, Pielstick, Seifert, Whitesides, Lueth, Samuelson, Sorensen, and Preisendorf. Councilmember Hosier was absent. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, and City Attorney Charlie Cuypers. Presentation by Youth Coalition of Tobacco Free Hall County Relative to Enacting Legislation Regarding Unlawful Possession of Tobacco by Youth. Representatives from the Youth Coalition of the Tobacco Free Hall County presented the City Council with information relative to the use of tobacco by youth. The Coalition requested that the City Council enact legislation, which would make it unlawful for a minor to be in possession of tobacco. Paul Freeland, Ethan Rowley, TJ Schulte, Kent Stetson, and Ashley Jares were the youth speaking on the issue. Councilmember Pielstick questioned the amount of the proposed fines and who would be responsible for paying the fine. It was noted that the fine proposed was to be not more than $100 and that the youth would be responsible. Susan Haecker, representing Tobacco Free Hall County, explained how the survey data had been collected and reported. Councilmember Whitesides spoke in support of the issue and questioned if City Police supported the concept. Councilmember Preisendorf asked what the response from peers had been. Ray Aguilar, 704 West 9th, spoke in support of the legislation and stated that he worked with youth at Central Catholic who were attempting to stop smoking and had expressed difficulty in doing so due to the addictive nature of nicotine. Councilmember Lueth questioned whether youth from the armed services or other communities would be required to abide by Grand Island's law. Collette Shaughnessy, member of the Tobacco Free Hall County Coalition, stated that 11 other communities had enacted similar legislation to fill a gap left by State legislation relative to use of and sale of tobacco products to minors. Mrs. Shaughnessy added that members of the armed forces were taught to abide by the laws of the community in which they are present. Discussion was held on the possibility of encouraging State legislation to fill the gap. Mr. Aguilar reported that while serving on the Methamphetamine Task Force several suggestions for legislation had been forwarded to the Legislature but due to priorities and other interests none had been adopted. Councilmember Lueth stated that families needed to take responsibility. City Attorney Charlie Cuypers noted that if a youth did not I I I Page 2, City Council Study Session, May 11, 1998 respond to a citation issued, that individual could be arrested and could ask for a case to be transferred to juvenile court which would allow for court appointed counsel, thus resulting in increased court costs. Councilmember Murray stated that while this was possible, it was likely that most offenders would comply with the fine. Lieutenant Rich Hoaglund from North Platte stated that North Platte had enacted similar legislation last year and that to date the effects had been very positive. Mr. Hoaglund noted that the legislation provided an opportunity for law enforcement to contact youth and approach them on issues such as loitering, littering, and other minor violations. Mr. Hoaglund stated that it was believed that intervention discouraged some individuals from becoming further involved in criminal activity. Councilmember Lueth spoke in support of requiring youth to do community service and attend cessation classes in lieu of a fine. Councilmember Lueth and Mayor Gnadt commended the Youth Coalition for bringing the issue forward. Jerry Poels, 4328 West Highway 30, spoke on the issue. Acting Police Chief Gary Piel spoke in support. Councilmember Whitesides requested that the item be brought to the Council at the next meeting. Discussion on Implementing Police Officer and Firefighter of the Year Awards. Councilmember Mehring reported that inasmuch as Police Officers and Firefighters put their lives on the line every day to protect the residents of the community, he believed they should be recognized for this service. Mr. Mehring suggested that criteria be established for the requirements for award receipt and that a committee be comprised to establish the criteria as well as to review the applications. Councilmember Seifert questioned what the employee response to the awards would be. Fire Chief Jim Rowell reported that appreciation was helpful but that how the program was implemented was critical. Mr. Rowell suggested that the program be set up in a positive way, involving employee input, in order for it to be perceived as both a benefit and an honor. Councilmember Lueth noted that general employees are recognized through the City Line employee newsletter and the new KUDOS program recently implemented in the newsletter. Councilmember Mehring stated that the recognition could be a certificate presented at a City Council meeting and would not need to be costly. Councilmember Pielstick spoke in support of recognition for Police Officers and Firefighters. City Administrator Dale Iman stated that expanding the program to an overall city wide recognition program would result in increased morale and support for co-workers. Councilmember Seifert noted that utility workers also put their lives on the line in the course of their daily duties. Councilmember Whitesides asked that department heads approach staff and determine their interest to the program. Adjournment. The meeting was adjourned at 8:20 p.m. Respectfully submitted, ~V0-01.1\ ~l{j~~~ Cindy K. Cartwright City Clerk I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING May 18, 1998 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 May 13, 1998. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Hosier, Pielstick, Seifert, Preisendorf, Whitesides, Samuelson, Murray, and Sorensen. Councilmembers Lueth and Mehring were absent. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, Public Works Director Wayne Bennett, and City Attorney Charlie Cuypers. PLEDGE OF ALLEGIANCE was said, followed by INVOCATION given by Councilmember Jackie Pielstick. RESERVE TIME TO SPEAK ON AGENDA ITEMS: 19 individuals reserved time to speak on agenda items. I PUBUC HEARINGS: Public Hearing on Request for Change of Land Use Designation for Property Located Immediately West of Schroeder Avenue and North of Husker Highway from Transitional Agriculture to Low Density Residential. Dave Barber, Regional Planning Director, reported that Virgil Eihusen, owner, P.O. Box 1346, had submitted a request to rezone the property located immediately west of Schroeder Avenue and north of Husker Highway from a "TA" (Transitional Agriculture) to "R2" (Low Density Residential) to allow for the additional development of residential lots, in accordance with the layout proposed in the preliminary plat for Indianhead Third Subdivision. No public testimony was heard. Public Hearing on Proposed Amendment to Chapter 33 of City Code Relative to Current Engineering and Design Requirements for Subdivision Regulations. Dave Barber, Regional Planning Director, reported that the Regional Planning Commission had recommended that Chapter 33 of the City Code be amended to reflect current practical requests of the Utilities and Public Works Departments; and to correct a specific shortcoming in the existing Subdivision Regulations identified as a result of a recent subdivision proposal. No public testimony was heard. I Public Hearing on the Development of the 1998-1999 Annual Budget. Dale Iman, City Administrator, reported that pursuant to City Council direction relative to public input on the budget, a preliminary hearing had been scheduled for the May 18, 1998 City Council Meeting to gather citizen and community group direction for the 1998-1999 Municipal Budget. Rick Milton, 109 East Ashton, recommended funding be appropriated for Pier Park, Glendale Reiss, 910 North Boggs, suggested funding for street and park repair, and recommended a freeze on wages. Lewis Kent, 624 East Meves, spoke on increasing town hall meetings, and funding for parks, and Louise I I I Page 2, City Council Regular Meeting, May 18, 1998 Miller, 1104 West Charles, spoke against the Community Redevelopment Authority having taxing authority. 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: #8377 - Consideration of Creation of Water Main District #428T, Gamma Street #8378 - Consideration of Change of Land Use Designation for Property Located Immediately West of Schroeder Avenue and North of Husker Highway #8372 - Consideration of Amendments to City Code Relative to Current Engineering and Design Requirements for Subdivision Regulations #8379 - Consideration of Amending City Code Relative to Prohibiting Possession of Tobacco by Minors #8380 - Consideration of Amending City Code Relative to Issuance of Taxi Driver Permits #8381 - Consideration of Amendment to City Code Relative to Tri-Cities Reciprocal Agreement for Licensing of Plumbing and Mechanical Contractors #8382 - Repealing Fluoridation Program 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 Seifert. Upon roll call vote, motion was adopted unanimously. Clerk: Ordinances #8377, #8378, #8372, and #8380 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. Councilmember Hosier abstained from voting on #8378. Motion was adopted unanimously. Clerk: Ordinances #8377, #8378, #8372, and #8380 on their final reading. All those in favor of the passage of these Ordinances on final reading, answer roll call vote. Upon roll call vote, all voted aye. Councilmember Hosier abstained from voting on #8378. Motion was adopted unanimously. Mayor: By reason of the roll call votes on the first and final reading, Ordinances #8377, #8378, and #8380 are declared to be passed and adopted upon publication as required by law. #8379 - Consideration of Amending City Code Relative to Prohibiting Possession of Tobacco by Minors. Dale Shotkoski, Assistant City Attorney, reported that as discussed at the City Council Study Session of May 11, the Youth Coalition of Tobacco Free Hall County had proposed that Chapter 20 of the City Code be amended to add a section prohibiting the possession of tobacco by minors under the age of 18. Mr. Shotkoski stated that the proposed ordinance set forth exceptions to the possession law, including that it would not be unlawful for minors to: 1) possess tobacco products under the direct supervision of the parent/guardian in the privacy of their home, 2) sell or handle any unopened container of tobacco products in the course of his/her employment by a tobacco licensee, or 3) possess or purchase tobacco products for the purpose of testing or enforcing compliance with statutes, laws or ordinances governing the sale of tobacco products as long as law enforcement is conducting the compliance check and that violations of this section had been established according to the provisions of the Grand Island City Code. Kristi Higgins, 2209 I I I Page 3, City Council Regular Meeting, May 18, 1998 Apache Road, Jodi Harper, 4203 Springview Drive, Matt Schulte, 529 Ravenwood, TJ Schulte, 529 Ravenwood, Ethan Rowe, West Division, Kent Stetson, 905 Kennedy, Paul Freeland, 1321 Sherman, Darcy Titman, 4046 Mansfield, and Lindsey Stobbe, 1817 West 11 th Street, spoke in support of the proposed ordinance. Gene Dominick, 221 East 1st Street, spoke in opposition. Councilmember Pielstick voiced concern that the Police Department would not have staffing to enforce the law. Councilmember Murray stated that the ordinance would not legislate morals but would discourage smoking. Councilmember Whitesides stated that the Council needed to look at the overall picture of youth smokers and the harmful effects. Clerk: Ordinance #8379 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, Seifert, Whitesides, Samuelson, Murray, Sorensen, and Preisendorf voted aye. Pielstick and Hosier voted nay. Motion adopted. Clerk: Ordinance #8379 on its final reading. All those in favor of the passage of this ordinance on final reading, answer roll call vote. Upon roll call vote, Seifert, Whitesides, Samuelson, Murray, Sorensen, and Preisendorf voted aye. Pielstick and Hosier voted nay. Motion adopted. Mayor: By reason of the roll call votes on the first reading and then upon final passage, Ordinance #8379 is declared to be lawfully passed and adopted upon publication as required by law. #8381 - Considering Proposed Amendment to City Code Relative to Tri Cities Reciprocal Agreement for Licensing of Plumbers and Mechanical Contractors. Craig Lewis, Building Inspections Director, reported that it was proposed that Chapters 18 and 26 of the City Code be amended to provide for the ability of any person validly registered and licensed as a Master Plumber, Journeyman Plumber, Master Gas Fitter, Journeyman Gas Fitter, or equivalent by the City of Hastings and Kearney be allowed to perform his/her trade in the City of Grand Island without completion of the plumber or gas fitter application, provided the applicant was otherwise qualified. Councilmember Pielstick questioned whether the tests were similar in the three communities or whether an applicant might take the test deemed to be the easiest and then not meet the standards of the other communities. Motion by Pielstick, second by Preisendorf to table to Study Session to come up with information about standardized testing. Upon roll call vote, Pielstick, Hosier, Seifert, Whitesides, Sorensen, and Preisendorf voted aye. Samuelson and Murray voted nay. Motion adopted to table. #8382 - Repealing Fluoridation Program. It was reported that as a result of the May 12, 1998 election, fluoridation of the city's water supply had been terminated and that repealing of Ordinance #8214 was required. Lewis Kent, 624 East Meves, spoke in support of disposing of the fluoridation equipment. Clerk: Ordinance #8382 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 #8382 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 final passage, Ordinance #8382 is declared to be lawfully passed and adopted upon publication as required by law. I I I Page 4, City Council Regular Meeting, May 18, 1998 CONSENT AGENDA: Councilmember Pie1stick requested that item G-4 be removed from the Consent Agenda. Councilmember Whitesides requested that item G-6 be removed from the Consent Agenda. Motion by Pielstick, second by Samuelson, carried unanimously to approve the Consent Agenda, excluding item G-4 and G-6. Receipt of Official Documents Library Board Meeting Minutes of April 6, 1998 and Zoning Board of Adiustment Minutes of April 14, 1998. Approving Minutes of May 4, 1998 City Council Regular Meeting and May 11, 1998 City Council Study Session. Approving Request of The Grand Island Public School District for Use of Public Right of Way for Loading/Unloading Students at Wasmer Elementary School, 1613 West Division Street. Approving Preliminary Plat for Indianhead Third Subdivision. #98-121 - Approving Final Plat and Subdivision Agreement for B.D.S. Subdivision. It was noted that Mr. and Mrs. Billy Schultz, owners, had submitted the final plat for B.D.S. Subdivision located approximately 500 feet north of Old U.S. Highway 30 and east of Johnstown Road in order to replat existing Lots 17, 18, 24 and parts of Lots 16 and 25 of Reuting's First Subdivision into two lots. #98-122 - Approving Final Plat and Subdivision Agreement for Fox Creek Subdivision. It was noted that Mr. & Mrs. Dale Beckman, owners, had submitted the final plat for Fox Creek Subdivision located on the south side of Capital Avenue, approximately 1,4 mile west of Sky Park Road in order to subdivide an existing 9.9 acre tract of land into two residential lots. Proposed Lot 1 contains an existing residential dwelling. #98-123 - Approving Final Plat and Subdivision Agreement for Racquet Club Second Subdivision. It was noted that Gary Carothers, owner, had submitted the final plat for Racquet Club Second Subdivision located 150 feet south of Stolley Park Road and west of Bellwood Drive in order to replat existing Lots 3 and 4 of Racquet Club Subdivision to provide equal frontage onto Bellwood Drive. #98-124 - Approving Final Plat and Subdivision Agreement for Southlawn Subdivision. It was noted that representatives of Southlawn Apartments, LLC, owner, had submitted the final plat for Southlawn Subdivision located north of Stolley Park Road between Henry and Ada Street and along the east side of Ada Street in order to create 13 residential lots from 6 existing lots containing a combined area of 5.9 acres. #98-125 - Approving Service Agreement with Southern Rural Public Power District Relative to Service for Landfill. #98-126 - Awarding Bid to Wright Tree Service, Inc., Des Moines. Iowa. in the Amount of $70,480 for Tree Trimming Proiect #98-TT-1 #98-127 - Awarding Bid to Diamond Engineering. Grand Island. Nebraska. in the Amount of $84.840.72 for Water Main District #427T. I I I Page 5, City Council Regular Meeting, May 18, 1998 #98-128 - Awarding Bid to Diamond Engineering, Grand Island, Nebraska, in the Amount of $79.231.79 for Street Improvement Proiect 98-P-2. #98-129 - Concurring with State of Nebraska Department of Roads Awarding Bid to Kay ton Electric Company, Inc., Holdrege, Nebraska, in the Amount of $9,860.50 for Traffic Modifications at Highway 30 and Webb Road. Approving Committee Appointments. Councilmember Pielstick questioned the length of time Ken Hilligas had been serving on the Civil Service Commission and noted that it might be prudent to allow other individuals the opportunity to serve. Councilmember Preisendorf, City Administrator Dale Iman and Personnel Director Lisa Thayer noted that the Civil Service position had statutory requirements and that it was a volunteer position. Mrs. Thayer stated that the Commission believed it was important that the Board continue with the work stated relative to the replacement of a Police Chief. Motion by Samuelson, second by Preisendorf to reappoint Mr. Hilligas to a six year term on the Commission, expiring June 1, 2004. Upon roll call vote, Preisendorf, Seifert, Murray, Sorensen, Samuelson, Whitesides and Hosier voted aye. Pielstick voted nay. Motion adopted. #98-120 - Approving Requests of Community Youth Council. Motion by Seifert, second by Whitesides to approve the request of the Community Youth Council, Alternative Activities for Youth Committee, for reducing the rental fee for the Water Park from $500 to $300 for a two- hour period for both of the scheduled events. Councilmember Whitesides questioned what the bottom line needed to cover operating expenses was. Steve Paustian, Parks and Recreation Director, reported that $250 was needed. Councilmember Whitesides asked that the motion be amended to reflect a rate of $250 per night. Amendment was accepted by Councilmember Seifert. Roll call vote was taken on the motion to reduce the water park fees to $250 for the Beach Blast activities. Upon roll call vote, motion was adopted unanimously. REQUESTS AND REFERRALS: Approving Request of Silvia Correa, dba Palateria Zacatecas, for Use of Public Streets for Street Vending Permit. It was noted that at the City Council Meeting of April 6, 1998, the request of Silvia Correa, 5660 W. Colfax, Lakewood, Colorado, for a Street Vendor's Permit to provide for use of City streets for the sale of ice prepackaged popsicles was denied due to concerns relative to the applicant not having a storage location for the storing of the food products to be sold. Bruce Dart, Health Department Director, reported that all requirements had now been met and that approval was recommended, contingent upon issuance of license of the vehicle from the Health Department. Motion by Murray, second by Preisendorf, carried unanimously to approve. RESOLUTIONS: #98-130 - Approving Call of 1992 Law Enforcement Training Center Bonds. City Administrator Dale Iman reported that in April, 1979 the City of Grand Island entered into a Lease Agreement with the State of Nebraska whereby the City issued Law Enforcement Training Center Bonds which were used to acquire real estate and to develop the Law Enforcement Training Center. Mr. Iman noted that these 1979 Bonds had been refinanced in 1992 and that this resolution provided for the early payment of the 1992 Law Enforcement Training Center Refunding Bonds. Motion by Sorensen, second by Whitesides, carried unanimously to approve. I I I Page 6, City Council Regular Meeting, May 18, 1998 #98-131 - Approving Implementation of No Parking Area at Manchester Road and Mansfield Road. Wayne Bennett, Public Works Director, reported that the City Clerk's Office had received a request from the Northwest Neighborhood Association and Councilmember Marilyn Lueth to prohibit parking on Manchester and Mansfield Road from Cannon Road to Independence Avenue. Kay Davis, 4140 Horseshoe Place, spoke in support. Motion by Samuelson, second by Seifert, carried unanimously to approve. Councilmember Seifert requested that City staff work with the Neighborhood Association and School relative to potential for relocation of the ballfields. #98-132 - Approving Designation of City as Transferee for Proposed Shooting Facility Property. Charlie Cuypers, City Attorney, reported that the City of Grand Island was considering development of a multi-purpose shooting sports facility on the Cornhusker Army Ammunition Plant property and that the Hall County Board had been charged with the development of a reuse plan for the property. Mr. Cuypers noted that in order for the City to acquire the property at CAAP, it was necessary for the Hall County Board to designate the City as the real estate transferee which would allow the City and County to proceed with acquisition and transfer negotiations in conjunction with the U. S. Army Corps of Engineer. Motion by Sorensen, second by Seifert, carried unanimously to approve. #98-133 - Approving Continuation and Construction of Sanitary Sewer District #486. Reuting Road. Wayne Bennett, Public Works Director, reported that Sanitary Sewer District #486 had been created on April 6, 1998 to provide for sanitary sewer main construction north of Old Highway 30 and east of North Road to serve properties along Virginia Drive, Reuting Road, Jerry Drive and Raymond Drive and that State law provided for a 30-day protest period, during which time owners of the property within the district may protest the district creation. It was noted that receipt of protest owners representing over 50% of the front footage in the district prohibited continuation of the district and that the protest period had ended May 9, 1998, with valid protests filed by 22 property owners protests were received. Mr. Bennett explained that inasmuch as this represented 2,551.75 abutting footage, or 42.88% of the total district frontage of 5,951.04 feet, continuation and construction of Sanitary Sewer District #486 was recommended. Barb Miller, 1603 Raymond Drive, spoke in support. Motion by Seifert, second by Preisendorf, to approve. Upon roll call vote, Pielstick, Seifert, Preisendorf, Whitesides, Murray, Sorensen and Samuelson voted aye. Hosier voted nay. Motion adopted. #98-134 - A warding Bid for Substation Construction Contract to Addison Construction. Cheyenne. Wyoming in the Amount of $2.439.067. Motion by Seifert, second by Whitesides, carried unanimously to approve. #98-135 - Approving Contract for Participation in Nebraska Wind Turbine Proiect. Gary Mader, Utilities Director, reported that at the March 24, 1997 City Council Meeting, City Council adopted Resolution #97-80 which authorized the City to participate in a project NMPP initiated to evaluate the performance of wind turbines. Mr. Mader added that a Department of Energy grant had been received which would fund the project for 50% and that the City had participated with a funding level of $20,000 for capital equipment acquisition which included submission line change, transmission substation change, per hour transmission service and per hour reactive power/voltage control services. Mr. Mader noted that the commitment for continued support represented a 2.58% project participation and was projected to be approximately $1,000 to $2,000 per year. Motion by Seifert, second by Whitesides, carried unanimously to approve. I I I Page 7, City Council Regular Meeting, May 18, 1998 PAYMENT OF CLAIMS: Motion by Samuelson, second by Seifert, carried unanimously to approve the Claims for the period of May 5, 1998 through May 18, 1998, claim #63545 and #64543 through #65063. Councilmember Preisendorf abstained from voting on Claim #64913. ADJOURN TO EXECUTIVE SESSION: Motion by Murray, second by Preisendorf, carried unanimously to adjourn to Executive Session to discuss Union Negotiations. The adjournment to Executive Session occurred at 8:35 p.m. RETURN TO REGULAR MEETING: Motion by Murray, second by Whitesides, carried unanimously to return to Regular Session at 9:46 p.m. ADJOURNMENT: The meeting was adjourned at 9:46 p.m. Respectfully submitted, ~ do' ~ C AAiU)1~C;;/~J- Cindy K. Cartwright City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL SPECIAL STUDY SESSION June 1, 1998 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 Community Meeting Room of City Hall, 100 East First Street. Notice of the meeting was given in the Grand Island Independent on May 20, 1998. The Special Study Session was a joint meeting with the Hall County Board of Supervisors. Mayor Gnadt and Hall County Board of Supervisors Richard Hartman called the meeting to order at 6:00 p.m. The following members of the City Council were present: Mayor Gnadt, Councilmembers Pielstick, Murray, Hosier, Preisendorf, Lueth, Mehring, Sorensen, Seifert, and Samuelson. Whitesides was absent. The following City Officials were present: City Administrator Dale Iman, and City Clerk Cindy Cartwright. Presentation of Joint City/County Health Department Budget. Bruce Dart, Health Department Director, presented the proposed 1998-1999 Joint City/County Health Department Budget and noted that budget reflected a 5 % reduction in the operating budget, a 2.5 % cost of living adjustment and a reduction in the overall full time employees form 13.9 to 13.4. Mr. Dart noted that the cash fund was increasing, liability for employee leave was decreasing and the cash reserves were being replenished. County Supervisor Abernethy noted the increase in health insurance and decrease in computer services. Councilmember Mehring questioned why there was a revenue increase projected for home loan inspections. Mr. Dart responded that more homes were being inspected than projected so the budget reflected a more realistic revenue. Councilmember Murray noted that he was pleased to see no increase in asking from last year and questioned if Mr. Dart had a proposal to address the conditions of the facility. Mr. Dart responded that he was aware of the Facilities Committee working on the overall City/County facilities and that therefore he had not addressed it in his budget. County Supervisor Stelk noted that the County Board needed to complete some long range planning itself before it could work with the City on joint City/County efforts. County Supervisor Hartman spoke in support of investigating the possibility of privatizing some of the Health Department functions as opposed to building or buying additional space. Discussion was held on the possibility of holding vaccine clinics off site due to crowded conditions. Councilmember Lueth said that the Board of Health had discussed that possibility but that there were concerns with the transport and refrigeration of the vaccine. Mr. Dart stated that Public Health was very important to a community inasmuch as the Department protected citizens, and ensured the safety of residents and the environment. Mr. Dart added that his philosophy was to continually ask how could the Health Department do what it does better? Mayor Gnadt recommended that the Health Board undertake a study of the space needs and present some options to the City and County. I I I Page 2, City Council Special Study Session, June 1, 1998 Adiournment. The meeting was adjourned at 6:45 p.m. Respectfully submitted, u~~ K CI~/l-uY1d14- Cindy K. &rtwright City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION June 1, 1998 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 May 27, 1998. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Pielstick, Murray, Hosier, Preisendorf, Whitesides, Lueth, Mehring, Sorensen, Seifert, and Samuelson. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, Finance Director Chuck Haase, and Public Works Director Wayne Bennett. Update on Computer Communication Services. Wayne Bennett, representing the City's Network Development Team, reported that the computer network inside City Hall was substantially complete and that the next phase was to provide computer communications between City field divisions and the City Hall and between all City Departments and the rest of the world. Mr. Bennett reviewed the efficiencies which would be gained by providing City Hall Network access to field divisions. Mr. Bennett and other city staff illustrated the many uses of having access to the Internet. It was noted that bids had been received from five companies for a three year Computer Communications Services contract and that the City Council would be asked to act on the award of the bid at the June 8, 1998 City Council Meeting. Councilmember Glen Murray questioned the 60 hours per month Internet limit. Mr. Bennett responded that the limit was not for systems within City Hall. The consensus was to place the award of bid on the June 8, 1998 City Council Meeting Agenda. Presentation on Use for Building at 1314 West Third Street. Dale Iman, City Administrator, presented a proposal for the use of the building at 1314 West Third Street. Mr. Iman noted that the City Facilities Committee had been presented with information concerning a proposal to move the Parks Maintenance Division into the warehouse portion of the building and consolidate all operations of the Street and Transportation Division at the west yards, thereby improving facilities, adding extra vehicle storage and maintenance space, and consolidate operations, and had recommended that the proposal be presented to the City Council. Steve Paustian, Parks and Recreation Director, reported that the consolidation of the Parks Maintenance Division would allow for better coordination of manpower and equipment, provide a secure storage facility, and allow the greenhouse staff and volunteers with restroom facilities, office space and contact with other Park Maintenance employees. Wayne Bennett, Public Works Director, reported that the Street Division would benefit from the Parks I I I Page 2, City Council Study Session, June 1, 1998 Department use of the building at 1314 West Third Street inasmuch as the Street Division would then utilize the equipment storage building that the Parks Department would vacate. Mr. Bennett stated that this would eliminate the need for the equipment storage building in the One and Six Year Plan and would allow the Street Division to consolidate operations by eliminating the long trips to the storage facility currently at the Cornhusker Army Ammunition Plant. Councilmember Mehring voiced concern for the deterioration of the buildings and reminded Council that if the costs exceeded $1 million, a vote of the people was required. Councilmember Seifert stated that the City had acted too quickly when purchasing the building and that he was opposed to locating operations there just to use the building. Councilmember Preisendorf noted that the proposed plan would save the City money. Councilmember Pielstick questioned what the costs were for renting facilities that would no longer be necessary under the proposed plan. Wayne Bennett responded that approximately $1,300/year would be saved in rental costs. Councilmember Samuelson questioned the number of employees in the Parks Maintenance Division. Councilmember Whitesides spoke in support of locating the Police Department in the facility inasmuch as a new Police Department had been identified as a priority. Councilmember Murray voiced concerns with moving the Police Department out of the downtown area and away from the jail and Sheriff's Department. Mayor Gnadt recommended that the Health Board review the building and determine if there was potential for the Health Department to be relocated to that facility. Councilmember Lueth noted that the new Police Chief and Health Department Director could examine the building and provide input to the Council. Discussion on Reciprocal Agreements with Tri-Cities Relative to Licensing of Plumbers and Mechanical Engineers. Craig Lewis, Building Inspections Director, reported that this item had been tabled at the May 18, 1998 City Council Meeting due to concerns with the testing procedures for the three cities. Councilmember Lueth asked what the response had been from area plumbers. Mr. Lewis noted that there had only been one individual who voiced opposition and that he was from Kearney. Councilmember Pielstick stated that she had asked that the issue be tabled but that subsequently her questions had been answered and concerns alleviated and that she would ask that the item be returned to the June 8, 1998 City Council Meeting. Discussion on Amending City Code Relative to Mobile Home Park Regulations. Craig Lewis, Building Inspections Director, reported that changes were proposed to Chapter 21 of City Code relative to the regulation of mobile homes and mobile home parks and that the major changes consisted of replacing the term mobile home with manufactured home to reflect current industry language, adding definition of recreational vehicle and allow 20% of park space to be identified and utilized as recreational vehicle space but limit stays to 180 days per 365 day period, add review of storm water drainage and traffic flow to park plan investigations, modify permit for placement of home within park, amend required improvements to require 2 hard- surfaced parking stalls per home, a 30' setback from state highways, hard-surfaced roadways within the park, and landscaping within the required 10' exterior boundary, add language to I I I Page 3, City Council Study Session, June 1, 1998 specify exceptions to add-ons, and establish minimum housing standards for manufactured homes. Discussion was held on the possibility of standardizing addresses, specifically streets versus lots. Councilmember Mehring noted that manufactured homes were allowed in any residential zone as long as they were placed on a permanent foundation but that if they were not, a manufactured home overlay zone was necessary. Councilmember Whitesides asked that the amendments be placed on the next Council agenda. Adjournment. The meeting was adjourned at 9:00 p.m. Respectfully submitted, ~ eLt .~"'- ~.1v6 ~vf Cindy K. Cartwright City Clerk I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING June 8, 1998 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 June 3, 1998. Mayor Gnadt called the meeting to order at 7:00 p.m.. The following members were present: Mayor Gnadt, Councilmembers Pielstick, Mehring, Seifert, Preisendorf, Whitesides, Sorensen, Samuelson, and Murray were present. Councilmembers Hosier and Lueth were absent. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, Public Works Director Wayne Bennett, Finance Director Chuck Haase, and City Attorney Charlie Cuypers. PLEDGE OF ALLEGIANCE was said, followed by INVOCATION given by Reverend Dominic Pecoraro, Church of Nazarene. I PRESENTATIONS AND PROCLAMATIONS: Presentation to Fonner Park for Commitment to Families and Youth. Mayor Gnadt and Councilmember Seifert presented a plaque to representatives of Fonner Park in recognition of their contributions to the families and youth of Hall County. ADJOURN TO SOLID WASTE AGENCY: Motion by Murray, second by Preisendorf, carried unanimously to adjourn to the Solid Waste Agency. #98-SW A-2 - Approving Amendment to Service Agreement with County Providing for Call of 1992 Solid Waste Bonds and Issuance of 1998 Solid Waste Bonds. Chuck Haase, Finance Director, reported that in August, 1992, the City entered into an interlocal agreement creating the Grand Island Area Solid Waste Agency which provided landfill services for the City. The City's bond counsel, Bill Beavers, noted that the Service Agreement included a provision that the City would pledge its taxing authority to back the Agency's bonds, thereby lowering the bond costs. Mr. Haase stated that inasmuch as it was being proposed that the 1992 bonds be called and reissued as 1998 bonds, an amendment to the Service Agreement was required. Motion by Murray, second by Seifert, carried unanimously to approve. I #98-SW A-3 - Approving Call for 1992 Solid Waste Bonds. Chuck Haase, Finance Director, reported that in September, 1992, Resolution 92-236 was adopted which provided for the issuance of $4.5 million in bonds with annual payments through 2012 but that given lower interest rates, refunding the bonds would produce a savings of approximately $288 thousand over the remaining term of the issue. It was noted that Resolution #98-SW A-3 authorized the $3.9 million remaining original bonds to be called I Page 2, City Council Regular Meeting, June 8, 1998 for the purpose of refinancing. Motion by Murray, second by Seifert, carried unanimously to approve. #98-SW A-4 - Approving Issuance of 1998 Solid Waste Refunding Bonds. Chuck Haase, Finance Director, reported that this Resolution authorized the issuance of refunding bonds in the amount of $3.805 million which would result in a savings of approximately $288 thousand over the issue term. Motion by Murray, second by Seifert, carried unanimously to approve. RETURN TO REGULAR SESSION: Motion by Murray, second by Seifert, carried unanimously to return to Regular Session. PUBLIC HEARINGS: I Public Hearing on Request of Principal Mutual Life Insurance Company for Change of Land Use Designation at 2800 West State Street. Dave Barber, Regional Planning Director, reported that Chad M. Brown, representing Principal Mutual Life Insurance Company, Des Moines, lA, had submitted a request to rezone the property located at 2800 West State Street from a "R2" (Low Density Residential zone) to "R3" (Medium Density Residential zone) to allow for construction of additional employee parking under a Conditional Use Permit. It was noted that the Regional Planning Commission, at their June 3, 1998 meeting, recommended approval of the proposed land use and zoning change. Rod Carsten, 3104 Briarwood Boulevard, spoke in support of the application on behalf of Principal Mutual. No additional testimony was heard. I Public Hearing on Request of Arbor Development Group. Inc.. Omaha. Nebraska. for Change of Land Use Designation for Property Located East of the Intersection of Lambert Street and 12th Street. Dave Barber, Regional Planning Director, reported that Lawrence A. Mazzotta, representing Arbor Development Group, Inc., Omaha, Nebraska, had submitted a request to rezone the property located east of the intersection of Lambert Street and 12th Street from a "TA" (Transitional Agriculture zone) to "RD" (Residential Development zone) to permit the construction of 54 units of affordable multi-family apartment style housing in a planned unit development. It was noted that the Regional Planning Commission, at their June 3, 1998 meeting, recommended approval of the proposed land use and zoning change. Belinda Beavers from Arbor Development spoke in support of the application and submitted a revised plan as recommended by the Regional Planning Commission. No public testimony was heard. Public Hearing on Request of H & H Distributing. 3242 West 2nd Street. for an Addition to Premises Liquor License. Cindy Cartwright, City Clerk, reported that Harry Hoch, representing Hoch, Inc., dba H & H Distributing, 3242 West 2nd Street, had submitted an application with the City Clerk's Office for an Addition to Premises Liquor License, in conjunction with the Class "w" Liquor License presently held. It was noted that the addition was for the construction of a cooler area approximately 75' x 49' to the northeast of the licensed premises. Ms. Cartwright presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on May 15, 1998; notice to applicant of date, time, and place of hearing mailed on May 15, 1998; I Page 3, City Council Regular Meeting, June 8, 1998 notice to the general public of date, time, and place of hearing published on May 27, 1998; Chapter 4 of City Code; and departmental reports as required by Code. Attorney Bruce Smith representing the applicant was present. No public testimony was heard. Public Hearing on Acquisition of Utility Easement West of the Intersection of Geddes Street and Eldorado Street. Gary Mader, Utilities Director, reported that acquisition of an easement located west of the intersection of Geddes Street and Eldorado Street in the Frank B. Barks Subdivision Number Two (2) was required in order to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. No public testimony was heard. Public Hearing on Acquisition of Utility Easement at Eilenstine Road, a Part of Lot 2 Fairacres Subdivision. Gary Mader, Utilities Director, reported that acquisition of an easement located on Eilenstine Road, a part of Lot Two (2), Fairacres Subdivision was required in order to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. No public testimony was heard. I Public Hearing on Acquisition of Utility Easement at 1803 South Locust Street. Gary Mader, Utilities Director, reported that acquisition of an easement located at 1803 South Locust Street was required in order to install, upgrade, maintain, and repair power appurtenances, including lines and transformers in order to convert an overhead power line to underground and allow Parrella Motors to place asphalt and lighting in the easement to expand their sales lot. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Along the Alley Between Koenig Street and Charles Street. West of Greenwich Avenue. Gary Mader, Utilities Director, reported that acquisition of an easement located along the alley between Koenig Street and Charles Street, west of Greenwich Avenue was required in order to install, upgrade, maintain, and repair power appurtenances, including lines and transformers and would be used to install three-phase underground to the new Wasmer School. No public testimony was heard. Public Hearing on Acquisition of Utility Easement at Faidley Avenue Extended, West of Highway 281. Wayne Bennett, Public Works Director, reported that expansion of the use of an easement located in Faidley Avenue extended, west of Highway 281 was required in order to install, upgrade, maintain, and repair storm sewer. No public testimony was heard. Public Hearing on Acquisition of Right-of-Way for Street Improvement Program #1. 1998. Wayne Bennett, Public Works Director, reported that acquisition of right-of-way located at 12th Street between St. Paul Road and Poplar Street was required in order to provide sufficient area for Street Improvement Program #1, 1998 which consisted of paving several streets in the northeast area of the city. No public testimony was heard. I Public Hearing on Request of CXT Concrete Railroad for Conditional Use Permit for Temporary Placement of Buildings at 710 East US Highway 30. Craig Lewis, Building Inspections Director, reported that CXT Concrete Railroad, Spokane, W A, had submitted an application for a Conditional Use Permit to allow for the temporary construction of two I Page 4, City Council Regular Meeting, June 8, 1998 mobile buildings to be used for office and break rooms at 710 East U.S. Highway 30. Mike Yost, representing Olsson Associates, spoke in support of the application. No additional public testimony was heard. Public Hearing on Request of Principal Mutual Life Insurance Company for Conditional Use Permit for Construction of Parking Facility at 2800 West State Street. Dave Barber, Regional Planning Director, reported that Chad M. Brown, representing Principal Mutual Life Insurance Company, Des Moines, lA, had submitted an application for a Conditional Use Permit to allow for the construction of additional employee parking at 2800 West State Street and that approval was recommended, contingent upon recommendations. Ron Wiese, 14 Via Como, requested that consideration be given to concerns of the neighbors relative to landscaping, lighting and snow removal. 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: I #8387 - Consideration of Authorizing Tax Exempt Status for 1998 Solid Waste Refunding Bonds 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, motion was adopted unanimously. Clerk: Ordinance #8387 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 #8387 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 #8387 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: I #8381 - Consideration of Amendment to City Code Relative to Tri-Cities Reciprocal Agreement for Licensing of Plumbing and Mechanical Contractors I #8383 - Consideration of Change of Land Use Designation for Property at 2800 West State Street from Low Density Residential (R2) to Medium Density Residential (R3) #8384 - Consideration of change of Land Use Designation for Property Located East of Evans Street and North of 12th Street from Transitional Agriculture (TA) to Residential Development (RD) #8385 - Consideration of Conveyance of Law Enforcement Training Property to State of Nebraska #8386 - Consideration of Amendment to Chapter 4 of City Code Relative to Approval of Special Designated Liquor License #8388 - Consideration of Amendment to City Code Relative to Mobile Home Park 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 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, motion was adopted unanimously. Councilmember Preisendorf abstained from voting on #8381. I Clerk: Ordinances #8381, #8384, #8385, #8386, and #8388 on first reading. All those in favor of the passage of these ordinances on first reading, answer roll call. Upon roll call vote, all voted aye. Councilmember Preisendorf abstained from voting on #8381. Motion adopted. Clerk: Ordinances #8381, #8384, #8385, #8386 and #8388 on final passage. All those in favor of the passage of these ordinances on final passage, answer roll call. Upon roll call vote, all voted aye. Councilmember Preisendorf abstained from voting on #8381. Motion adopted. Mayor: By reason of the roll call votes on the first reading and then upon final passage, Ordinances #8381, #8384, #8385, #8386, and #8388 are considered to be lawfully passed and adopted upon publication as required by law. Clerk: Ordinance #8383 on first reading. All those in favor of the passage of this ordinance on its first reading, answer roll call. Upon roll call vote, all voted aye. Motion adopted. Clerk: Ordinance #8383 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call. Upon roll call vote, all voted aye. Motion adopted. I Mayor: By reason of the roll call votes on the first reading and then upon final passage, Ordinance #8383 is considered to be lawfully passed and adopted upon publication as required by law. I Page 6, City Council Regular Meeting, June 8, 1998 CONSENT AGENDA: Councilmember Pielstick moved to approve the Consent Agenda, minus G6a, and G4. Second by Murray. Motion was adopted unanimously. Receipt of Official Documents. Civil Service Commission Minutes of April 9, 1998 and Downtown Improvement Board Meeting Minutes of March 17, 1998. Approving Minutes of May 18, 1998 Citv Council Regular Meeting (Amended), June 1, 1998 City Council Special Study Session and June 1, 1998 City Council Study Session. Councilmember Mehring abstained from voting on G2a. Approving Request of H & H Distributing for Addition to Premises Liquor License at 3242 West 2nd Street. #98-136 - Approving Acquisition of Easement West of the Intersection of Geddes Street and Eldorado Street. #98-137 - Approving Acquisition of Easement at Eilenstine Road, a Part of Lot 2 Fairacres Subdivision. I #98-138 - Approving Acquisition of Easement at 1803 South Locust Street. #98-139 - Approving: Acquisition of Easement Along the Alley Between Koenig Street and Charles Street. west of Greenwich Avenue. #98-140 - Approving Acquisition of Easement at Faidley Avenue Extended, West of Highwav 281. #98-141 - Approving Right of Way for Street Improvement Program #1, 1998. #98-143 - Approving Final Plat and Subdivision Agreement for Indianhead Third Subdivision. Dave Barber, Regional Planning Director, reported that Indianhead Golf Club L. L. C., a Limited Liability Company, owner, had submitted the final plat for Indianhead Third Subdivision located north of Husker Highway and west of Schroeder Avenue, immediately south of the Indianhead Golf Course. #98-144 - Approving Final Plat and Subdivision Agreement for Vlach Subdivision. Dave Barber, Regional Planning Director, reported that Ronald J. and Linda K. Vlach, owners, had submitted the final plat for Vlach Subdivision located south of West 2nd Street and west of the storm water detention in order to resubdivide existing Lot 1 of Bachman and Lester Subdivision for the purpose of creating two additional industriallcommerciallots. I #98-145 - Approving Cost Share Agreement with Rudolf Plate and Tim Plate for Sanitary Sewer Interceptor. It was noted that Diamond Engineering Company had agreed to expand their contract with the City by Change Order at the same unit prices as provided in the existing contract and the Plates would pay their fair share of the construction cost (based on half the cost of a 10" "sanitary sewer) and provide the easement at no cost. I Page 7, City Council Regular Meeting, June 8, 1998 #98-146 - Approving Renewal of Agricultural Land Leases for Utility Property. #98-147 - Approving Process for Approval/Denial of Special Designated Liquor Licenses. #98-148 - Aoproving Agreement with State of Nebraska, Department of Roads Relative to Maintenance of Roadway Lighting of Highway 281 from Stolley Park Road to 1-80. #98-149 - Approving Extension to Lease Agreement with Department of Army Relative to Use of Property at Cornhusker Army Ammunition Plant for Existing Police Shooting Range. #98-150 - Approving Certificates of Final Completion and Setting Date for Board of Equalization for Water Main District #425, Poplar Street, Between 14th Street and ISh Street. #98-151 - Approving Certificate of Final Completion for Downtown Tree Recovery Replacement Proiect. #98-152 - Awarding Bid for Four Wheel Drive Loader to Nebraska Machinery Company, Doniphan, Nebraska, in the Amount of $31,809, After Trade In. I #98-153 - Awarding Bid for Single Frequency GPS Survey Unit to Seiler Instrument & Manufacturing, Belton, Missouri, in the Amount of $13,595. #98-154 - Awarding Bid for Computer Communications Services to Aliant Communications, Lincoln, Nebraska, in the Amount of $39,201.37. #98-155 - Awarding Bid for Audit Services, City Single, to McDermott and Miller, P.C., in the Amount of $40,600 and for the Utilities Audit Services to Peat Marwick, LLP, Lincoln, Nebraska, in the Amount of $23,800. #98-156 - A warding Bid for Asphalt Maintenance Proiect 98-AC-l to IlL Asphalt, Grand Island, Nebraska, in the Amount of $379,575.26. #98-157 - Approving: Parking Modification at Highway 34 Between the Intersection of Highway 34 and 281 to the Grand Island Branch of the Union Pacific Railroad to Provide for A No Parking Zone. #98-158 - Approving Parking Modification at Wedgewood Drive, 100 Block West, to Provide for No Parking Zone Between 11 p.m. and 5 a.m. I #98-159 - Approving Interlocal Agreement with Hall County Relative to Resurfacing Shady Bend Road. Approving Request of Principal Mutual for Conditional Use Permit for Construction of Parking Facility at 2800 West State Street. Dave Barber, Regional Planning Director, reported that this item related to the aforementioned Public Hearing and that Chad M. I Page 8, City Council Regular Meeting, June 8, 1998 Brown, representing Principal Mutual Life Insurance Company, Des Moines, lA, had submitted an application for a Conditional Use Permit to allow for the construction of additional employee parking at 2800 West State Street. Motion by Seifert, second by Sorensen to approve. Councilmember Murray questioned whether Principal would comply with the neighbors' wishes. Rod Carsten, 3104 Briarwood Boulevard, representing Principal, stated that they would but inquired whether the City would allow Principal to use part of the easement for the berm. Wayne Bennett, Public Works Director, reported that the request would have to be reviewed to ensure that access to utilities was provided. Councilmember Murray offered an amendment to the motion to have the berm on the north side and put in an easement if necessary and to require lighting away from the residences and toward the center of lot. Councilmembers Seifert and Sorensen accepted the amendment. Upon roll call vote, motion was adopted unanimously. I #98-142 - Referring Final Plat and Subdivision for Grand Island Plaza Subdivision to Regional Planning Commission for Further Review. Dave Barber, Regional Planning Director, reported that Gordman Partnership, a Nebraska General Partnership, owners, had submitted the final plat for Grand Island Plaza Subdivision located at the southeast corner of the intersection of Highway 281 and Capital Avenue, in order to create a total of four (4) commercial lots and a public street in a 13 .16 acre site which includes the Ih Price Store. Mr. Barber stated that the final plat was compliant with the preliminary plat approved for Grand Island Plaza Subdivision, although the dimensions of the proposed lots had been readjusted from those originally approved in the preliminary plat. Motion by Sorensen, second by Samuelson, to approve. John Brownell, representing GI Mall, asked that the Council return the Final Plat to the Regional Planning Commission for additional consideration. Cathy Johnson, vice president of Grand Island Mall Limited, stated that there were legal documents supporting the Mall's position. Councilmembers Sorensen and Samuelson withdrew their motion to approve. Mr. Barber noted that the Regional Planning Commission was obligated to approve the final plat if it was in compliance with the Preliminary Plat. Charlie Cuypers, City Attorney, stated that there was a significant change from the Preliminary Plat to the Final Plat. Motion by Sorensen, second by Whitesides to return the Final Plat to the Regional Planning Commission inasmuch as the Final Plat was not in compliance with the Preliminary Plat. Upon roll call vote, Whitesides, Sorensen, Preisendorf, Seifert, Samuelson, Murray voted aye. Mehring abstained. Councilmember Pielstick voted nay. Motion adopted. REQUESTS AND REFERRALS: Approving Request of CXT Concrete Railroad for Conditional Use Permit for Temporary Buildings at 710 East US Highway 30. for a Two Year Period. Motion by Sorensen, second by Preisendorf, carried unanimously to approve. RESOLUTIONS: I #98-160 - Approving Amendment to Service Agreement with Solid Waste Agency. Chuck Haase, Finance Director, reported that in August, 1992, the City entered into an Interlocal Agreement creating the Grand Island Area Solid Waste Agency and stated that the I Page 9, City Council Regular Meeting, June 8, 1998 agreement provided that the Solid Waste Agency would be governed by the Mayor and City Council and that Hall County would have one non-voting member. Mr. Haase stated that inasmuch as it was being proposed that the 1992 bonds be called and reissued as 1998 bonds, an amendment to the Service Agreement was required. Motion by Samuelson, second by Pielstick, carried unanimously to approve. #98-161 - Approving Call for 1992 Solid Waste Revenue Bonds. Chuck Haase, Finance Director, reported that this item requested that the 1992 Revenue Bond Issue for Solid Waste Landfill be called for payment on July 15, 1998. Mr. Haase added that the original maturity date of these bonds ranged from October 15, 1998 to October 15, 2012 and that the outstanding amount was $3.9 million. Motion by Samuelson, second by Pielstick, carried unanimously to approve. CLAIMS: Motion by Samuelson, second by Murray, carried unanimously to approve the claims for the period of May 19, 1998 through June 8, 1998, claim #53719, #57347, #59064, #63085, #64970, and #65064 through #65671. Councilmember Seifert abstained from voting on Claim #65167. Councilmember Preisendorf abstained from voting on Claim #65126. I EXECUTIVE SESSION: Motion by Samuelson, second by Whitesides to adjourn to Executive Session to discuss a tentative union contract and personnel issue relative to health insurance. Motion was adopted unanimously at 8:45 p.m. RETURN TO REGULAR SESSION: Motion by Sorensen, second by Murray, carried unanimously to return to Regular Session at 9:20 p.m. #98-162 - Approving Labor Union Agreement with AFSCME for Contract Year 1997- 1998. Motion by Pielstick, second by Seifert, carried unanimously to approve the Labor Union Agreement with AFSCME. ADJOURNMENT: The meeting was adjourned at 9:24 p.m. Respectfully submitted, ~r1~ r\~~ Cindy K. <i:1artwright City Clerk I I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL SPECIAL STUDY SESSION June 15,1998 Pursuant to due call and notice thereof, a Special Study Session of the City Council of the City of Grand Island was conducted in the Community Meeting Room of City Hall, 100 East First Street. The Meeting was a joint meeting with the Hall County Airport Authority. Notice of the meeting was given in the June 10, 1998 Grand Island Independent. Council President Glen Murray called the meeting to order at 6:05 p.m., in Mayor Gnadt's absence. The following members were present: Councilmembers Murray, Pielstick, Mehring, Whitesides, Hosier, Preisendorf, Samuelson, Seifert and Sorensen. Councilmember Lueth was absent. The following City Officials were present: City Administrator Dale Iman and City Clerk Cindy Cartwright. Discussion on Extension of Water Service and Other Related Issues. Gary Mader, Utilities Director, reported that the City and Hall County Airport had completed a joint water project to make the City distribution system available to the Airport and that the project extended a 16" trunk line to the intersection of Skypark and Airport. Mr. Mader noted that since City water was now available, the Airport Authority had initiated discussion about the City water utility taking over the current Airport water distribution system and that Utility staff had reviewed the condition and design of the airport system in order to determine if the system was in compliance with City specifications. It was noted that several major deficiencies existed and that work would need to be done to bring the system up to City standards. Bob Selig, Airport Manager, thanked the Council for meeting with the Authority and stated that the Authority's goal was to initiate an aggressive development plan with the Industrial Park at the Airport and that improving the instructure would be a benefit in these efforts. Mr. Selig stated that if the Airport set up its own Water District, duplication of efforts, resulting in increased costs, would occur. Mr. Mader stated that in his letter of May 22, 1998 to Mr. Selig, he outlined three possible scenarios and that it was now his belief that the Authority was requesting that the City take over the airport distribution system for operation, maintenance and ownership. Councilmember Mehring questioned the condition and ability of the Airport's pumps. Councilmember Pielstick questioned whether there were any cost estimates on the project. Mr. Mader responded that the system would have to be brought up to the City standards and could be in the $200,000 range. Mr. Mader added that no details had been addressed yet but that the intent was to bring the request to the Council for direction and input. Dale Iman, City Administrator, questioned the status of the bid for service to the State Patrol Training Academy. Mr. Mader responded that the airport system was capable of providing service and that if the City owned and operated the airport system this extension would not be necessary. Councilmember Preisendorf spoke in support of moving ahead and getting cost estimates. Mr. Selig noted that this would be a good example of interlocal cooperation. Mr. Iman indicated I I I Page 2, City Council Special Study Session, June 15, 1998 that the proposal came with risks, including condition of the lines. It was determined that a Resolution authorizing continuance with exploring the City's assuming responsibility for the airport system would be included on the next Council meeting agenda. Discussion then took place on the potential for annexation. Mr. Iman stated that the Hall County Airport Authority had indicated an interest in annexation to further economic development on or around the Airport property and that City staff had been meeting regularly in an effort to identify all issues related to the proposed annexation and to develop cost estimates for providing municipal services. Mr. Iman asked that the Council provide direction as to whether staff should continue discussions with the Airport Authority on the level of service requested and associated costs. Mr. Selig stated that the main goal was to establish a working relationship with the City and to utilize existing expertise, moving the airport into the next century. Councilmember Pielstick questioned whether the proposed City limits would be orderly. Mr. Iman stated that certain State statutes limited the City's ability to annex specific areas and that the proposed annexation did not include any property owners other than the Airport. Councilmember Whitesides spoke in support of having additional information prior to making a decision on whether or not to proceed. Councilmember Murray questioned whether the City would realize an increase in tax revenues. It was noted that under current law, no real tax was paid and the City would not see an increase in tax revenues other than sales tax. Mr. Selig reiterated that there were a lot of details to work out and that as issues got resolved they would be returned to the governing bodies for consideration. Doyle Hulme of the Airport Authority spoke in support of moving ahead. Harold Rosenkotter of the Airport Authority stated that if the Airport had to provide City services, duplication would occur and expenses would increase. Councilmember Pielstick stated that Council needed more information on services and costs prior to making a decision. The consensus was for staff to continue working on the project and update Council. Adiournment. The meeting was adjourned at 6:55 p.m. Respectfully submitted, ~ldu K &lcf7JJn~ Cindy K.- cartwright L City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION June 15, 1998 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island 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 June 10, 1998. Council President Glen Murray called the meeting to order at 7:05 p.m. The following members were present: Councilmembers Murray, Preisendorf, Mehring, Hosier, Pielstick, Whitesides, Lueth, Samuelson, Sorensen, and Seifert. Mayor Gnadt was absent. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, and Public Works Director Wayne Bennett. Discussion on Household Hazardous Waste Pick up Day - August 15. 1998. Fire Chief Jim Rowel and Craig Uhrich of Clean Community Systems announced that a Household Hazardous Waste Pick Up Day was scheduled for August 15, 1998. Consideration of Additional Personnel for Ambulance Billing Purposes. Fire Chief Jim Rowell presented the need for relocating a Finance Department employee to the Fire Department to do ambulance billing. The Fire Chief noted that the time required to complete the lengthy, complicated insurance forms required a full time person. Councilmember Whitesides questioned the number of accounting clerks in the Finance Department. Lisa Thayer, Personnel Director, indicated that she would provide that information. Councilmember Mehring questioned whether the need for the full time position was accelerated by the acceptance of PPO insurance. Discussion was held on the option of outsourcing the tasks. Mr. Rowell stated that he had information on potential outsourcing costs and would provide such to the Council. Councilmember Pielstick questioned the number of billings completed daily. It was noted that 220-250 calls were received per month and that each form completion took approximately 25 minutes. Barb Paulick, the staff member responsible for the billings, explained the time requirements involved in processing claims. City Administrator Dale Iman stated that Council action was required to add the new position in the Fire Department. Discussion was held on what the starting wage would be for the position which would open up in the Finance Department. Bob Hays, 4311 Lariat Lane, questioned whether revenue would be increased as a result of full time efforts. Fire Chief Rowell responded that it was anticipated that the revenue would be generated on a timelier basis. Discussion on Proposed Salary Ordinance. Lisa Thayer, Personnel Director, reported that a Salary Ordinance was being proposed to reflect the 1997-1998 AFSCME contract agreement which had been adopted by the City Council at the June 8, 1998 City Council Meeting, and to reflect several changes needed by the Health Department. Councilmember Mehring voiced I I I Page 2, City Council Study Session, June 15, 1998 concern that a change in job titles would result in pay increases. Bruce Dart, Health Department Director, stated that the changes more accurately reflected the job title, not functions of the position and stated that the revised job titles would enable staff to do wage comparisons. This item was referred to the June 22, 1998 City Council Regular Meeting for action. Discussion on Request of Northwest Neighborhood Association for Requirement of Installation of Sidewalks Near Engleman School. Mike Yost, 4204 Manchester Road, and Mark Miller, 4246 Vermont Avenue, representing the Northwest Neighborhood Association, presented a request from the Association asking the Council to order in the installation of sidewalks near Engleman School. Mr. Yost stated that the safety of students traveling to and from Engleman School had been identified by both the Neighborhood Association and the Engleman PTA. Mr. Miller stated that the PT A might have funds available to assist with the cost of sidewalk installation. Wayne Bennett, Public Works Director, stated that the need for sidewalks in that area was well known. Councilmember Lueth spoke in support of the installation of sidewalks and questioned how responsive the property owners were to the project. Mr. Yost responded that the Association had not yet contacted the property owners but would do so. Discussion was held on the process of ordering in sidewalks and it was noted that if the Council ordered in the sidewalks, no protest period would be provided. Councilmember Preisendorf suggested extending the sidewalk on the south side to the east. Councilmember Mehring spoke in support of utilizing City resources to install the sidewalks inasmuch as there was a public safety concern. It was noted that to do so would be establishing a precedent and could prove costly for the City. City Administrator Dale Iman spoke in support of sidewalks being installed around Westridge School also. Bob Hays, 4311 Lariat Lane, stated that the Association was in discussion with the School relative to sidewalks at Westridge. Councilmembers Pielstick and Sorensen spoke in support of the proposal and requested that the Neighborhood Association visit with the affected property owners. Gerry Johnson, 4236 West Capital Avenue, spoke in opposition to the project and suggested that sidewalks could be installed in the alleyways. This item was referred to the July 13, 1998 City Council Meeting for action. Discussion on Regulations Relative to Political Ground Signs. Councilmember Pielstick stated that she supported an amendment to the City Code containing the placement of political signs to the candidate's specific ward or district. Discussion was held on the potential violation of the First Amendment. Councilmember Preisendorf spoke in support of limiting the length of time signs can be up to two weeks instead of six. Lewis Kent, 624 East Meves, spoke in opposition to political signs. Discussion on Study Session Meeting Locations. Councilmember Samuelson suggested that Study Sessions could be held at sites outside of City Hall when Agenda items would support doing so. Mr. Samuelson indicated that three things could be accomplished by doing this: deflect criticism that we don't hold any "town hall" meetings; first hand knowledge or closer look at the issue being discussed; increased interest and input from the general public. I I I Page 3, City Council Study Session, June 15, 1998 Discussion was held on whether changing location would be confusing to the public. Councilmember Pielstick spoke in support of having meetings in neighborhoods and suggested more people may become involved. Councilmember Murray spoke in support if there was a specific issue. Lewis Kent, 624 East Meves, spoke in supporting of continuing to hold all Study Sessions at City Hall. Adjournment. The meeting was adjourned at 9:00 p.m. Respectfully submitted, tL lOtr ~ ~khl/lpJ- Cindy K. tartwright - City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING June 22, 1998 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 22, 1998. Notice of the meeting was given in the Grand Island Independent on June 17, 1998. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Preisendorf, Whitesides, Lueth, Mehring, Pielstick, Hosier, Samuelson, Sorensen, Murray, and Seifert. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, Public Works Director Wayne Bennett, City Attorney Charlie Cuypers, and Finance Director Chuck Haase. PLEDGE OF ALLEGIANCE was said, followed by INVOCATION given by Reverend Marty Marks, Trinity Lutheran Church. RESERVE TIME TO SPEAK ON AGENDA ITEMS: 21 individuals reserved time to speak on agenda items. PUBLIC HEARINGS: Public Hearing on Acquisition of Utility Easement Along Raymond Road and Extending into Lot 47, Reuting's Second Subdivision. Bob Smith, Assistant Utilities Director, reported that acquisition of an easement located along Raymond Road and extending into Lot 47, Reuting' s Second Subdivision was required in order to install, upgrade, maintain, and repair power appurtenances, including lines and transformers and that this easement would be used to correct the location of the primary underground lines feeding the transformer serving Chief Industries. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Along Highway 30 by Seedling Mile Road and Stuhr Road. Bob Smith, Assistant Utilities Director, reported that acquisition of an easement along Highway 30 by Seedling Mile Road and Stuhr Road was required in order to install, upgrade, maintain, and repair power appurtenances, including lines and transformers and that this easement would allow the upgrade of the existing lines to handle the new load of CXT in the Union Pacific Railroad yards. No public testimony was heard. Public Hearing on Request of Clark Brothers for Conditional Use Permit for Yard Waste Compo sting Site. Dave Barber, Regional Planning Director, reported that LTSC, Inc., dba Clark Brothers Sanitation, 3080 West 2nd Street, had submitted a request to allow for a yard waste I I I Page 2 of 9, City Council Regular Meeting, June 22, 1998 compo sting site on a lot between 3059 and 3135 St. Paul Road. Mr. Barber explained that City staff had reviewed the request and if Council chose to approve, would recommend several conditions be included with the approval. Scott Woodward, representing Clark Brothers, spoke in support of the request. Glendale Reiss, 910 North Boggs, Judy Beckstrom, 2981 North St. Paul Road, Gerald Lutz, 2986 North St. Paul Road, Lewis Kent, 624 East Meves, Lela Nelson, 3003 North St. Paul Road, Kay Collins, 1003 West Louise, and Robert Krieder, 3135 St. Paul Road, spoke in opposition. Public Hearing on Request of Kum & Go, L.C., 1124 North Broadwell, for Class "B" Liquor License. Cindy Cartwright, City Clerk, reported that William A. Krause, Chief Executive Officer, Kum & Go L.C., dba Kum & Go #339, 1124 North Broadwell, had submitted an application for a Class "B" Liquor License which would allow for the sale of beer, on sale only and would replace the Class "B" Liquor License currently held by 7-11. Ms. Cartwright introduced the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on June 8,11998; letter to applicant of date, time, and place of hearing mailed on June 8, 1998, notice to general public of date, time, and place of hearing published on June 10, 1998, Chapter 4 of City Code and departmental reports as required by law. Attorney Michael Lazer representing Kum & Go spoke in support of the application. No additional public testimony was heard. Public Hearing on Request ofKum & Go, L.C., 2322 South Locust Street, for Class "B" Liquor License. Cindy Cartwright, City Clerk, reported that William A. Krause, Chief Executive Officer, Kum & Go L.C., dba Kum & Go #339, 2322 South Locust Street, had submitted an application for a Class "B" Liquor License which would allow for the sale of beer, on sale only and would replace the Class "B" Liquor License currently held by 7-11. Ms. Cartwright introduced the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on June 8, 1998; letter to applicant of date, time, and place of hearing mailed on June 8, 1998, notice to general public of date, time, and place of hearing published on June 10, 1998, Chapter 4 of City Code and departmental reports as required by law. Attorney Michael Lazer representing Kum & Go spoke in support of the application. No additional public testimony was heard. Public Hearing on Request of Super Bowl Enterprises, Inc. 1010 Bismark Road, for Class "C" Liquor License. Cindy Cartwright, City Clerk, reported that George Overfield, Manager, Super Bowl Enterprises, Inc., 1010 Bismark, had submitted an application for a Class "C" Liquor License to allow for the sale of consumption of alcohol in the 100' x 160' volleyball court fenced area immediately east of the current licensed premises. George Overfield, representing Super Bowl, spoke in support of the request for the Class "C" Liquor License and stated that a fence was planned to be installed around the dumpsters but due to the rain had not been completed. Kay Collins, 1003 West Louise, Jim Eilts, 649 East McArthur, Glendale Reiss, 910 North Boggs, Judy Ruzicka, 1104 East Bismark, Ann Miller, 704 South Cherry, Lewis Kent, 624 East Meves, and Ron Miller, 704 South Cherry, spoke in opposition to the request, citing concerns about noise level, lack of landscaping as promised, and fencing. Dave Barber, Regional Planning Director, I I I Page 3 of 9, City Council Regular Meeting, June 22, 1998 reported the Super Bowl was in the process of applying for a revised plan but that all of the components of the submittal of April for rezoning had not been completed at this time. 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: #8389 - Consideration of Salary Ordinance. #8390 - Consideration of Amendment to Chapter 5, Section 44 of City Code Relative to Disposition by the Humane Society of Impounded 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 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 Mehring. Upon roll call vote, motion was adopted unanimously. #8389 - Consideration of Salary Ordinance. City Administrator Dale Iman reported that as discussed at the June 15, 1998 City Council Study Session, amendments to the Salary Ordinance were recommended to reflect the 1997-1998 AFSCME contract agreement, which was adopted by the City Council at the June 8, 1998 City Council Meeting, and changes in job titles at the Health Department. Glendale Reiss, 910 North Boggs, spoke on the issue. #8390 - Consideration of Amendment to Chapter 5, Section 44 of City Code Relative to Disposition by the Humane Society of Impounded Dangerous Animals. Charlie Cuypers, City Attorney, reported that the City Attorney's Office had proposed that Chapter 5, Section 44 of the City Code be amended relative to the disposition by the Humane Society of impounded animals. It was noted that the proposed amendment provided that a dangerous animal becomes the property of the Humane Society if not claimed by its owner within three working days after being impounded and that this would allow the Humane Society to either place the animal for adoption or euthanize the animal, thereby eliminating extended boarding of the animals. Kay Collins, 1003 West Louise, questioned the cost of boarding the animals. Discussion was held on the difference in boarding a dangerous animal who would have less chance of adoption than a non-dangerous animal. Clerk: Ordinances #8389 and #8390 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, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Lueth, Samuelson, Murray and Sorensen voted aye. Mehring was absent at the time the vote was taken. Motion adopted. I I I Page 4 of 9, City Council Regular Meeting, June 22, 1998 Clerk: Ordinances #8389 and #8390 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, Pielstick, Hosier, Preisendorf, Seifert, Whitesides, Lueth, Samuelson, Murray, Sorensen and Mehring voted aye. Motion was adopted unanimously. Mayor: By reason of the roll call votes on the first reading and then upon final passage, Ordinances #8389 and #8390 are considered to be lawfully passed and adopted upon publication as required by law. CONSENT AGENDA: Councilmember Mehring requested that items G3c, G9 and G12 be removed from the Consent Agenda. Motion by Pielstick, second by Sorensen, carried unanimously to approve the Consent Agenda with the exception of G3c, G9 and G12. Receipt of Official Documents. Civil Service Commission Minutes of May 8, 1998, Downtown Improvement Board Meeting Minutes of May 19, 1998, and Civil Service Commission Minutes of May 21,1998. Approving Minutes of June 8, 1998 City Council Regular Meeting, June 15, 1998 City Council Special Study Session and June 15, 1998 City Council Study Session. Councilmember Lueth abstained from voting on the Minutes of the June 8, 1998 City Council Regular Meeting and the June 15, 1998 City Council Special Study Session. Approving Request of Moises Llamas for Liquor Manager Designation for Fiesta Latiana Lounge, 2815 South Locust Street. Approving Request of Susana Steele for Liquor Manager Designation for Holiday Station Store #210, Locust Street and Hedde Street. Approving Request of Grand Island Bottle Shop for Special Designated Liquor License for August 15, 1998. Approving Request of Kum & Go, L.C., 1124 North Broadwell, for Class "B" Liquor License. Approving Request of Douglas A. Dennison for Liquor Manager Designation for Kum & Go #339 and #340. Approving Request ofKum & Go L.C. 2322 South Locust Street, for Class "B" Liquor License. Approving Request of James J. Kitten for Liquor Manager Designation for Pumpers, 1904 North Diers Avenue. Approving Appointments of Carolyn Lilyhom and Gerald Bryant to Library Board to Serve Terms Effective July 1, 1998 and Expiring July 1,2002. I I I Page 5 of 9, City Council Regular Meeting, June 22, 1998 Approving Creation of, and Appointments to, Westridge Street Master Plan Committee. It was noted that the appointments consisted of Councilmembers Lueth, Samuelson, and Seifert, Mike Brasfield, Gary Cooper, Tony Clark, Ray Harman, Michael Yost, Kay Davis, Susan Milner, Belinda Wessels, Dale Iman, Wayne Bennett, and Dave Barber. Approving Request of Dennis Dondlinger, 1812 North Howard for License Agreement for Placement of Hot Box Structure for Water Meter and Backflow Devices Located at 413-419 North Jefferson, 1315 West 5th Street, and 1317 West 5th Street. #98-163 - Approving Certificate of Final Completion for Lazy River, Island Oasis. #98-164 - Approving Acquisition of Utility Easement at Raymond Road, Extending into Reuting's Second Subdivision. #98-165 - Approving Acquisition of Utility Easement Along Highway 30 by Seedling Mile Road and Stuhr Road. #98-166 - Approving Request of Starr School for Parking Modification on the South Side of Wyandotte Street, from Chanticleer Street to Brahma Street. #98-167 - Awarding Bid to Diamond Engineering, Grand Island, Nebraska, for Sanitary Sewer District #487, Claude Road, in the Amount of $46,693.83. #98-168 - Awarding Bid to. Diamond Engineering, Grand Island, Nebraska, for Street Improvement Program #1, in the Amount of $372,515.17. #98-170 - Approving Agreement for Peaking Capacity with Nebraska Public Power District. #98-171 - Approving Request for Extension of Curfew at Eagle Scout Park. Approving Request of Central Nebraska Ethnic Festival for Special Designated Liquor License. Cindy Cartwright, City Clerk, reported that Lynette Marshall and Patrice Schaeffer on behalf of Grand Island Foundation, dba Central Nebraska Ethnic Festival, Inc., P.O. Box 1306, Grand Island, had made application with the City Clerk's Office for a Special Designated Liquor Permit for Friday, July 24, 1998 from 6:00 p.m. to midnight, Saturday, July 25, 1998 from 11:00 a.m. to midnight, and Sunday, July 26, 1998 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 would be secured off with construction fencing. Councilmember Murray moved to approve the request. Second by Samuelson. Councilmember Mehring questioned where the alcohol was being purchased. Ms. Marshall stated that competitive bids had been taken and the low bidder had been Gappa Distributing of Kearney. Louise Miller, 1104 West Charles, Lewis Kent, 624 East Meves, and Kay Collins, 1003 West Louise Street, I I I Page 6 of 9, City Council Regular Meeting, June 22, 1998 spoke against the sale of alcohol at the Ethnic Festival. The City Clerk reminded Council that the Police Chief had included a letter to the Liquor Control Commission indicating that adequate law enforcement protection would be available to cover the event. Upon roll call vote to approve the Special Designated Liquor License, Mehring, Preisendorf, Hosier, Whitesides, Lueth, Samuelson, Murray and Sorensen voted aye. Seifert abstained. Pielstick voted nay. Motion adopted. #98-169 Awarding Bid for Purchase of Skid Steer Loader to Central Nebraska Bobcat, Grand Island, Nebraska, in the Amount of $8,693. Councilmember Mehring voiced concerns with the large difference between the engineer's estimate and the bid. Wayne Bennett, Public Works Director, indicated that the low price was due to a good competitive bid and a better trade in than expected. Motion by Mehring, second by Preisendorf, carried unanimously to approve. #98-172 - Approving Interlocal Agreement with Hall County Relative to Provision of Ambulance Services. Fire Chief Jim Rowell reported that in August, 1967, the City of Grand Island and Hall County had entered into an Interlocal Agreement whereby the City of Grand Island agreed to provide ambulance service to that part of Hall County outside of Grand Island for an agreed upon cost and that the Agreement had last been amended in 1993. Mr. Rowell noted that Resolution #98-172 provided for the continuation of the contract for the years 1998 to 2003 at a rate of $150,000 for the first year and increased by 2% for the remaining years. Councilmember Mehring questioned whether there was a separate line item for this revenue in the budget. Chuck Haase, Finance Director, indicated that the revenue would show this funding. Councilmember Murray noted that the contract provided for a decrease in rates and asked if costs had been reduced. Mr. Rowell indicated that the County had requested a rate decrease when the agreement was first entered into and that the fee increases and increased usage made up for the rate decrease. Motion by Lueth, second by Whitesides, carried unanimously to approve. REQUESTS AND REFERRALS: Consideration of Request of Clark Brothers for Conditional Use Permit for Waste Compo sting Site. Motion by Seifert, second by Sorensen to deny the request for a Conditional Use Permit for a Waste Compo sting Site on the lot between 3059 and 3135 St. Paul Road. Robert Kreider, 3135 St. Paul Road, Lewis Kent, 624 East Meves, spoke in opposition to the request. Councilmember Pielstick questioned whether the Health Department had reviewed the site. Bruce Dart, Health Department Director, reported that he had reviewed the site at least five times and that the operation was now in compliance with Department of Environmental Quality standards. Councilmember Mehring questioned the distance of the operation to the feed lots. It was noted that the distance was approximately 1/8 - 1/4 mile. Councilmember Seifert questioned whether the use of the compost pile would be cheaper than the landfill. Councilmember Whitesides questioned what would happen to the site if the request was denied. Mr. Dart responded that the Health Department would shut it down. Delores Eberl, 2969 St. Paul Road, spoke in opposition. Councilmember Lueth spoke in support of utilizing the compost site at the landfill. Scott Woodward, applicant, stated that there were no requirements that compost go to the landfill and that the operation was in full compliance with DEQ standards and would be well maintained. Kay I I I Page 7 of 9, City Council Regular Meeting, June 22, 1998 Collins, 1003 West Louise, and Leila Nelson, 3003 St. Paul Road, spoke in opposition. Upon roll call vote on motion to deny the request, the motion was adopted unanimously. Councilmember Seifert requested that a committee be set up with the County to establish a drop off site in or near the City limits. Reconsideration of Pinal Plat and Subdivision Agreement. Charlie Cuypers, City Attorney, reported that at the June 8, 1998 City Council Meeting, the request of Gordman Partnership, a Nebraska General Partnership, owners, for the final plat for Grand Island Plaza Subdivision located at the southeast corner of the intersection of Highway 281 and Capital Avenue was returned to the Regional Planning Commission citing concerns that the Pinal Plat was not in compliance with the approved Preliminary Plat. Councilmember Sorensen had asked that the matter be reconsidered. It was noted that six votes were required to approve the motion for reconsideration and that discussion at this time should be limited to reconsideration and not to merits of the application. Motion by Sorensen, second by Lueth to reconsider. Upon roll call vote, Pielstick, Hosier, Seifert, Preisendorf, Lueth, Samuelson, Murray and Sorensen voted aye. Mehring abstained. Whitesides voted nay. Motion to reconsider was adopted. Consideration of Request of Super Bowl Enterprises, 1010 Bismark, for Class "C" Liquor License. Motion by Samuelson, second by Pielstick to deny the request of Super Bowl Enterprises for a Class "C" Liquor License and to deny the request of George Overfield for Liquor Manager Designation for Super Bowl. Lewis Kent, 624 East Meves, spoke in opposition to the request. Councilmember Whitesides requested legal opinion relative to allegation made by George Overfield relative to conflict of interest. Charlie Cuypers, City Attorney, reported that Mr. Whitesides would have a conflict if he had a key interest in the operation and was conducting any business with the operation. Mr. Cuypers suggested that if that were the case, a disclosure statement would be in order. Mr. Whitesides indicated that was not the case. City Clerk Cindy Cartwright noted that the Council's recommendation was non-binding and that the Liquor Control Commission ultimately made the decision. Upon roll call vote to reject the application, Pielstick, Hosier, Samuelson, Mehring, Preisendorf, Murray, Whitesides, Lueth, and Seifert voted aye. Sorensen abstained. Motion adopted. RESOLUTIONS: #98-173 - Approving Resolution Requiring Health Insurance Co-Pay for New Employees. City Administrator Dale Iman reported that in an executive session held June 8, 1998, Administration presented to the City Council a proposed policy which would require a 25 % co-payment for dependent health coverage for employees hired after June 22, 1998. It was noted that the City would continue to pay 100% of the employee health insurance coverage upon meeting eligibility requirements and that this policy was an effort to address the rising cost of health insurance coverage. Kay Collins, 1003 West Louise, stated that all employees should be assessed the co-pay I I I Page 8 of 9, City Council Regular Meeting, June 22, 1998 and to do otherwise was discrimination. Mr. Iman responded that new employees were not yet covered by union agreements and this was implemented for new employees only so that upon employment offers new employees would be aware that they would be required to pay a co-pay for the dependent coverage. Motion by Murray, second by Samuelson, carried unanimously to approve. #98-174 - Approving Resolution Supporting Incorporating the Airport Water System into the City Water System. Motion by Preisendorf, second by Samuelson carried unanimously to adopt revised Resolution #98-174 which included a requirement that prior to acceptance and integration, the Hall County Airport Authority would be required to upgrade its public water supply system to standards acceptable to the City's Utility Department. It was noted that this addition was made at the request of Councilmember Murray. #98-142 - Approving Final Plat and Subdivision Agreement for Grand Island Plaza Subdivision. Motion by Seifert, second by Preisendorf to approve. Ron DePue, Attorney representing Gordmans, and Larry Smith, 3327 North 127th Avenue, architect for the project, outlined the proposed final plat and explained the minor changes made in order for the final plat to be in compliance with the City's building codes. Councilmember Whitesides questioned whether the loading zone issue had been addressed. Mr. Smith responded that the property line would be moved in order to meet the required limits. Councilmember Murray questioned the property lines. Mr. Smith noted that the property lines would be 100' from the 1/2 Price Store. John Brownell, representing Grand Island Mall, and Cathy Johnson, 1033 0 Street, Lincoln, Manager of the Grand Island Mall, stated that the Mall was part of a planned unit development and that the issue might be decided in court. Denise Tushar, Attorney representing Grand Island Mall, suggested that the Council may have been ill advised on whether the Final Plat was in compliance with the Preliminary Plat. Councilmember Seifert questioned the City Attorney on whether the Final Plat was in compliance. Mr. Cuypers responded that the determination needed to be made by the City Council. Roll call vote was taken on the motion to approve the Final Plat and Subdivision Agreement. Upon roll call vote, Pielstick, Hosier, Seifert, Lueth, Sorensen, Samuelson, Murray and Preisendorf voted aye. Mehring abstained. Whitesides voted nay. Motion adopted. PAYMENT OF CLAIMS: Motion by Preisendorf, second by Whitesides, carried unanimously to approve the Claims for the period of June 9, 1998 through June 22, 1998, claim #65100, #65443, and #65672 through #66182. ADJOURN TO EXECUTIVE SESSION: Motion by Lueth, second by Whitesides, carried unanimously to adjourn to Executive Session at 9:35 p.m. to discuss litigation strategies and contract negotiations. I I I Page 9 of 9, City Council Regular Meeting, June 22, 1998 RETURN TO REGULAR SESSION: Motion by Mehring, second by Lueth to return to Regular Session at 10:20 p.m. Motion was adopted unanimously. It was noted that Councilmember Sorensen had left the meeting upon adjournment to Executive Session and was not present during the Executive Session. ADJOURNMENT: The meeting was adjourned at 10:20 p.m. Respectfully submitted, ()~.' JI ~ .-,,{ /~ UI\ ..' 1,\ L,Ul. J Cindy K. . artwright City Clerk f-- I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION July 6, 1998 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island 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 July 1, 1998. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Sorensen, Pielstick, Seifert, Samuelson, Whitesides, Preisendorf, and Murray. Councilmembers Mehring, Lueth, and Hosier were absent. The following City Officials were present: City Administrator Dale Iman, Deputy City Clerk Laura Irvine, and Finance Director Chuck Haase. Discussion on Grand Island Fire Department Rescue Truck. Fire Chief Jim Rowell informed the Council that two rescue trucks were parked outside for their inspection. Council moved outside to inspect the rescue trucks. Councilmember Preisendorf stated the mock accident at Northwest High School earlier this year was very impressive. Councilmember Pielstick commented that Council had been invited to attend, but was not informed of the rescheduled date. Rowell commented that it needed to be as much of a surprise to students and staff as possible and due to scheduling, insufficient time was given to notify Council. Rowell stated that representatives from the State Patrol, Hall County Sheriff, Police, and school participated in the mock accident. It was noted that the closest rescue truck comparable in the state would be Lincoln, Omaha, or North Platte. Mayor Gnadt asked whether the rescue truck would be in the Harvest of Harmony Parade. Rowell stated they would look into it. Councilmember Seifert asked how much would it take for the truck to be fully equipped. Rowell stated $46,000. Mayor Gnadt called the meeting back to order at 7: 15 p.m. in the Community Meeting Room. Councilmember Pielstick commented that the Fire Department did an excellent job procuring funds and thanked those who had the initiative to do so. Councilmember Preisendorf commented that he had read in the newspaper about the secret meetings and petitions being passed around to get equipment for the truck. He stated that he signed what he thought was a wish list to bring the truck up to top quality. Councilmember Preisendorf added that the Council had been made aware that funds to complete the truck were short. Councilmember Seifert stated Council had not been informed. City Administrator Iman stated that the information had been presented the night that Council requested it and that the Council needed to read its information a little closer because it was all right there. Councilmember Murray stated he signed the document, but didn't see it as a petition rather as a statement as something needed to do - not going against administration. Kay I I I Page 2 of 4, City Council Study Session, July 6, 1998 Collins, 1003 West Louise, stated as a reader of the Grand Island Independent and a regular attendee of Council Meetings, she believed what she read in the Independent before what she heard at Council Meetings. Councilmember Whitesides stated that when the Council signed the petition, they were requesting that funding be allocated for the truck. Lewis Kent, 624 East Meves, asked who started the petition. Councilmember Seifert stated that he had written the petition. Discussion on Review of User Fee Schedule. Finance Director Haase explained the user fees were the driving force to revenue and providing services and that each department had reviewed the fees, made recommendations as to what would be a fair cost, and the first draft had been included in the Study Session packet of June 15, 1998. Building Inspections Director Lewis responded to questions regarding the proposed raise in fee for Community Meeting Room rental. Kay Collins, 1003 West Louise, questioned the cost for a group rate for the Water Park and asked if there were any businesses in town receiving lower prices. Parks and Recreation Director Paustian explained group rates. Janet Enck, 213 East 12th Street, stated she had purchased a family season pass, but only used Lincoln Pool, not Island Oasis and questioned the early closings of Lincoln Pool. Paustian explained there had been problems the last four days with cloudy water so the pool had been closed so as not to risk lives since lifeguards couldn't see the bottom of the pool. Paustian also explained an early closing on Sunday was a result of a bad call by an employee and that employee had a meeting with him discussing that judgment. Glenda Mason, 212 East 12th Street, wanted an excuse for other early closings. Ms. Mason wanted to know if there was a way to come up with sponsors or payments and noted that City employees had payroll deduction available. Kay Collins, 1003 West Louise, questioned the reasoning for closing early based on lack of revenue. Councilmember Murray suggested a committee be appointed to look at the aquatic fee schedule. Councilmember Whitesides stated a committee was not needed and requested this item be placed on the July 13, 1998 Council Agenda. Kay Collins, 1003 West Louise, suggested three different passes be offered: 1) Island Oasis pass, 2) Lincoln Pool pass, and 3) joint pass. Councilmember Murray asked what the current policy is regarding closing early. Paustian stated they were pretty flexible and that deciding to close was a judgment call by staff. Paustian recommended that the Council make a determination as to the operating hours thereby relieving him and his staff of making that decision. Kay Collins, 1003 West Louise, asked what percentage of the Aquatics budget was dedicated to Lincoln Pool and Island Oasis and requested this information be forwarded to Tracy Overstreet for publication in the Independent. Councilmember Murray questioned whether or not the user fees come under state restrictions. Mr. Haase responded they did not. Discussion on Consideration of Additional Personnel for Ambulance Billing Purposes. Finance Director Haase stated that the Finance Department does the ambulance billing process to support the Fire Department and that Finance had been finding it harder to keep up. Councilmember Pielstick stated that Council was constantly being told "we are under a lid and we have to cut the numbers", if we have to cut services, we are should not create new staff. I I I Page 3 of 4, City Council Study Session, July 6, 1998 Haase introduced Cindy Rasmussen, owner, Medical Claims Assistance, Inc., St. Paul, Nebraska. Ms. Rasmussen provided background information on her company and explained that her company had been providing claims assistance since 1988 and between her and three employees, they have over 35 years experience in the medical field. Ms. Rasmussen provided background information on her company. Councilmember Sorensen asked what the charges were. Ms. Rasmussen responded her two fee types were 1) a one time $1 set up fee per person and a $6 transport fee or 2) a percentage basis of what was collected. Councilmember Samuelson questioned what other City entities she worked for. Ms. Rasmussen responded the City of St. Paul, City of Wood River, City of Burwell, and City of Superior. Councilmember Pielstick commented that the handout Ms. Rasmussen provided had wonderful letters of recommendation with a good program. City Administrator Iman asked what the total number of claims Ms. Rasmussen filed a year and what was her collection ratio. Ms. Rasmussen stated her collection ratio was 74% for St. Paul and Wood River, with 22 % going to collection; only problem was getting information on a timely basis from the cities and her collection ratio was 97 % with general practitioners while filing 2,500 claims. Councilmember Samuelson questioned that with the additional number of claims how many employees would she need to hire. Ms. Rasmussen responded none, they would simply work longer hours per day. Councilmember Preisendorf asked if follow-up billing would be provided in the cost - yes. City Administrator Iman asked if it would be a long-distance phone call for the customer to call her office. Ms. Rasmussen stated that it is a long-distance call, they previously had an 800 number which was abused, but getting one again was an option. Councilmember Whitesides questioned what would happen if something happened to the current employee. Rowell stated that both employees were being cross-trained to fill in for each other and to address absences and vacation scheduling. Councilmember Whitesides requested paperwork as to job title the employee would get to give an indication as to the comparables for wages later on. Haase indicated a JAQ had been filled out by both Finance and Fire Departments which resulted in the job title and wages staying the same. Councilmember Sorensen requested the figures for a month for costs using the employee's salaries and outsourcing it. Haase stated in order to do that properly an RFP would need to be done, which would take 8-10 weeks and that information had been provided by outside companies and the numbers indicated the costs were within 20% of each other. Ms. Rasmussen indicated her prices include the billing of statements, mailing envelopes and return envelopes, filing of Medicare and supplemental insurance filings. Rowell noted that Ms. Rasmussen was in St. Paul and citizens needed to go there or call her and that our staff was here and accessible and we pride ourselves on good customer service. Ms. Rasmussen stated that out of the seven letters of reference, five were located in Grand Island and there had not been any problems. Councilmember Sorensen stated that would not be a problem because she would get an 800 number. Rowell stated that these insurance claims were complicated and were much easier to complete in person. Councilmember Whitesides asked if we could outsource this service for less than $18-20,000 a I I I Page 4 of 4, City Council Study Session, July 6, 1998 year, which would be the cost involved in replacing a Finance Department employee. Barb Paulick, 307 East 20th Street, explained other duties she does on a daily basis in the Fire Department other than just ambulance billing. City Administrator Iman stated that the increased ratio of revenue would cover the cost of the new employee. Councilmember Seifert stated that the Finance Director and Fire Chief both indicate the position is needed and requested it to be placed on the July 13, 1998 City Council Meeting Agenda. Adjournment. The meeting was adjourned at 9:05 p.m. Respectfully submitted, I '1 /J ~!)~.~~ Laura A. Irvine Deputy City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING July 13, 1998 Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on July 13, 1998. Notice of the meeting was given in the Grand Island Independent on July 8, 1998. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Preisendorf, Whitesides, Lueth, Hosier, Mehring Pielstick, Samuleson, Sorensen, and Murray. Councilmember Seifert was absent. The following City Officials were present: City Administrator Dale Iman, Deputy City Clerk Laura Irvine, Public Works Director Wayne Bennett, City Attorney Charlie Cuypers, and Finance Director Chuck Haase. PLEDGE OF ALLEGIANCE was said, followed by INVOCATION given by Chaplain George Wheat, V A Medical Center. RESERVE TIME TO SPEAK ON AGENDA ITEMS: Three individuals reserved time to speak on agenda items. PRESENTATIONS AND PROCLAMATIONS: Presentation to the City from Clean Community Systems. Betty Curtis, Executive Director of Clean Community Services, presented the City with the "Keep America Beautiful" Deenie Anderson A ward for outstanding community environmental efforts for communities with a population of over 10,000, Award of Excellence, the Spruce Up Nebraska Day Award of Excellence, and the state-wide Award for Community Environmental Awareness. Councilmember Pielstick thanked Ms. Curtis for her hard work. Budget Requests from Outside Agencies. Representatives from Crisis Center, Family Violence Coalition, Retired Senior Volunteer Program, Senior Citizen Industries, JASP (Juvenile Alternative Sentencing Program), Clean Community Systems, Grand Isle Heritage Zoo, and Central Nebraska Humane Society presented budget requests to the City Council for funding in the 1998-1999 Annual Budget. Carol Bryant and John McDermott with the Tennis Association also addressed the Council on the need to include funds to maintain the tennis courts. Discussion was held on the number of volunteers utilized by the Family Violence Coalition. Questions were asked relative to fund raising events for the Clean Community Systems. Joe Wicks, 648 MacArthur Avenue, President of the Board of Directors of the Grand Isle Heritage Zoo, introduced the new Zoo Director, Michael Nance, who requested that the City Council take over funding personnel for the zoo staff. Mr. Nance indicated that his goal was to build a new zoo that was ADA accessible. Discussion was held on renegotiating a contract with the Humane Society. I I I Page 2 of 8, City Council Regular Meeting, July 13, 1998 BOARD OF EQUALIZATION: Motion by Mehring, second by Whitesides, carried unanimously to adjourn to the Board of Equalization. #98-BE-7 - Watermain District #425, Poplar Street Between 14th Street and 15th Street. 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 #425, East Side of Poplar Street, between 14th Street and 15th Street. It was noted that there was a protest of 40%. Motion by Murray, second by Sorensen, carried unanimously to approve. Motion by Mehring, second by Murray, carried unanimously to return to Regular Session. PUBLIC HEARINGS: Public Hearing on Amendment #2 to Community Redevelopment Authority Redevelopment Plan Relative to Alleyway Program. Dianne Kelley, Director, reported that the City of Grand Island approved and adopted the Redevelopment Plan for Redevelopment Area No.1 on December 18, 1995 as submitted by the Community Redevelopment Authority and that on June 2, 1998 the Community Redevelopment Authority passed a resolution amending the redevelopment plan to allow for the establishment of an alley improvement program to provide financial assistance for alleyway improvements associated with the elimination of overhead electrical service in certain alleyways of the downtown area. It was noted that the Regional Planning Commission approved the proposed amendment to the Redevelopment Plan on June 3, 1998. Louise Miller, 1104 West Charles Street, spoke against the Community Redevelopment Authority. No additional public testimony was heard. Public Hearing on Amendment to the Conestoga Mall Commercial Development Master Plan to Allow For Expansion to Existing Country Kitchen Restaurant, 3404 West 13th Street. Dave Barber, Regional Planning Director, reported that representatives of c.K.G.I., Inc., had submitted a request to amend the existing Conestoga Mall Commercial Development Master Plan and that the purpose of the amendment was to allow for an enlargement of approximately 1,200 square feet to the existing Country Kitchen Restaurant building and that the Regional Planning Commission, at their meeting of July 1, 1998, recommended approval. No public testimony was heard. Public Hearing on Request of Master Lease, Inc. for Conditional Use Permit for the Placement of a Temporary Modular Office Building at 4360 West Highway 30. Craig Lewis, Building Inspections Director, reported that John Schroeder, Sales and Marketing, 4056 Zola Lane, on behalf of Master Lease, Inc., had submitted a request for a Conditional Use Permit to allow for the placement of a temporary modular office building at 4360 West Highway 30. No public testimony was heard. I I I Page 3 of 8, City Council Regular Meeting, July 13, 1998 Public Hearing on Acquisition of Utility Easement Located Near Koenig Street and Greenwich Street. Dale Shotkoski, Assistant City Attorney, reported that Duane A. Bums, Attorney representing Wasmer School, had submitted a request for the vacation of Greenwich Street and adjacent alleys between Charles Street and Koenig Street in conjunction with the proposed construction of the new Wasmer School. Louise Miller, 1104 West Charles, spoke on the issue. 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: #8391 - Approving Creation of Sanitary Sewer District #488, Westwood Park 1st and 2nd Subdivisions #8392 - Approving Vacation of Greenwich and Adjacent Alleys with Retention of Utility Easements Between Charles and Koenig Street #8393 - Approving Amendment to the Conestoga Mall Commercial Development Master Plan to Allow for Expansion to Existing Country Kitchen Restaurant, 3404 West 13th Street #8394 - Consideration of Assessments for Watermain District #425, Poplar Street Between 14th Street and 15th 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, motion was adopted unanimously. #8392 - Approving Vacation of Greenwich and Adjacent Alleys with Retention of Utility Easements Between Charles and Koenig Street. Lewis Kent, 624 East Meves, and Louise Miller, 1104 West Charles, questioned the vacation. Charlie Cuypers, City Attorney, reported that the school system had requested the vacation so that the property could be conveyed to the school system. Lane Plugge, 3107 Brentwood Boulevard, representing the School System, stated that the school had purchased the property to the west of Greenwich and there was a possibility that the school would purchase additional property as it became available and that some of the property would be utilized for parking. Clerk: Ordinances #8391, #8392, #8393, and #8394 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 #8391, #8392, #8393, and #8394 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 of 8, City Council Regular Meeting, July 13, 1998 Mayor: By reason of the roll call votes on the first reading and then upon final passage, Ordinances #8391, #8392, #8393 and #8394 are considered 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. Approving Minutes of the June 22, 1998 City Council Regular Meeting and July 6, 1998 City Council Study Session. Approving Appointments of Don Brittin, Dr. Janice Kutilek and Doug Riggs to the Health Board for a term to expire June 30, 2001. Approving Preliminary Plat for Westwood Park Subdivision. Dave Barber, Regional Planning Director, reported that Carl McCullough Estate had submitted a preliminary plat for Westwood Park Subdivision, encompassing 148 acres ofland located west of North Road and south of Norwood Road and that revision was necessary in order to allow for the development of 180 residential lots with a minimum lot area of 12,000 square feet, rather than 20,000 square feet as originally proposed. Approving Request of Chief Industries for License Agreement to Provide for Paved Invert to Provide Drainage Run Off at 1721 Raymond Drive. Approving Request of Edwin Sittler for License Agreement for Fencing in the Alley at 225 West 4th Street. Approving Request of Super Prisa Mexican Markets Corporation for License Agreement to Provide for Customer Parking at 224 East 4th Street. #98-175 - Approving Award of Bid for Installation of Sidewalks for Community Development Project to O.K. Paving, Grand Island, Nebraska in the Amount of$2.10 Square Foot. #98-176 - Approving Award of Bid for Asphalt Rejuvenation Project to Paving Maintenance Supply, Inc., Wichita, Kansas in the Amount of $47,348.44. #98-183 - Approving Contract with Slappy Yellow for eyc Alternative Activity For Youth. #98-177 - Approving Final Plat and Subdivision Agreement for Advent Subdivision. Dave Barber, Regional Planning Director, reported that Nebraska Conference Association of the Seventh Day Adventists, a Non-Profit Nebraska Corporation, owner, had submitted the final plat for Advent Subdivision located west of Shady Bend Road and 750' north of Bismark Road in order to replat existing Lot 4, B and T Subdivision into two new lots. I I I Page 5 of8, City Council Regular Meeting, July 13, 1998 #98-178 - Approving Final Plat and Subdivision Agreement for Conestoga Mall 6th Subdivision. Dave Barber, Regional Planning Director, reported that JO Conestoga LLC, an Ohio limited liability company, owner, had submitted the final plat for Conestoga Mall 6th Subdivision located at 3404 West 13th Street on the west side of Conestoga Mall in order to finalize the building footprint of the purposed expansion to Country Kitchen Restaurant, in accordance with the requested amendment to the Conestoga Mall CD-Commercial Development zone Master Plan. #98-179 - Approving Final Plat and Subdivision Agreement for Paradise Lake Estates Second Subdivision. Dave Barber, Regional Planning Director, reported that Randy L. and Jan E. Dye, owners, had submitted the final plat for Paradise Lake Estates Second Subdivision located west of Ounbarrel Road immediately north of the Burlington Northern Railroad, in order to replat existing Lot 1 of Paradise Lake Estates Subdivision into a total of three new residential lots. #98-180 - Approving Final Plat and Subdivision Agreement for Sittler's Subdivision. Dave Barber, Regional Planning Director, reported that Edwin C. and Janice K. Sittler, owners, had submitted the final plat for Sittler's Subdivision located south of 4th Street and immediately east of the vacated portion of Wheeler Street. This plat proposes to resubdivide existing Lot 4, Block 41 of Original Town Subdivision into two new lots. #98-181 - Approving Certificate of Final Completion for Fence Installation at Fonner Park Softball Complex. #98-182 - Approving Acquisition of Utility Easement Located Near Koenig Street and Greenwich Street. #98-184 - Approving Modification of Speed Limits and Establishing Diers Avenue Speed Limit. REQUESTS AND REFERRALS: Approving Request of Master Lease, Inc., for Conditional Use Permit for the Placement of a Temporary modular Office Building at 4360 West Highway 30. Motion by Mehring, second by Sorensen, carried unanimously to approve the request for a two year period of time contingent upon subdivision of the area. RESOLUTIONS: #98-185 - Approving Amendment #2 to Community Redevelopment Authority Plan Relative to Alleyway Project. Motion by Sorensen, second by Samuelson, carried unanimously to approve. I I I Page 6 of 8, City Council Regular Meeting, July 13, 1998 #98-186 - Authorizing City of Grand Island to Apply for Grant Funds for Construction of the Hiker/Biker Trail Along St. Joe Branch of the Union Pacific Railroad. Steve Paustian, Parks and Recreation Director, requested that the City of Grand Island apply for federal assistance from the National Recreation Trails Funding Program which is facilitated through the Game and Parks Commission, to assist in the development of the trail segment to connect the Beltline Trail to that portion of the existing St. Joe Trail between Stolley Park Road and Central Community College. It was noted that the funding was in the form of 80% federal with a 20% local match. Motion by Murray, second by Preisendorfto approve. Lewis Kent, 624 East Meves, questioned the funding source for the removal of railroad ties. Dale Iman, City Administrator, stated that the property was given to the City by the local foundations and that there was no cost to the City to remove the rail crossings. Councilmember Mehring stated that he would be voting in opposition to the request inasmuch as he had requested information on the cost of the project and that information had not been provide. Upon roll call vote to approve, Lueth, Whitesides, Samuelson, Sorensen, Hosier, Preisendorf, and Murray voted aye. Pielstick and Mehring voted nay. Motion adopted. #98-187- Consideration ofthe Authorization of Staff to Proceed with a Foreclosure Action to Collect Amounts Due on Community Development Property. Dale Shotkoski, Assistant City Attorney, reported that on May 7, 1991 the City of Grand Island, under the Community Development program, entered into a contract with Don A. and Mary Dubbs via a promissory note for $20,000 in order to rehabilitate a dwelling located at 412 East 9th Street and that this note was payable in monthly installments in the amount of$202.85. Mr. Shotkoski stated that the Dubbs had failed to make the scheduled payments and had also not paid real estate taxes on the property, therefore, the Community Development Agency and authorized the City Attorney's Office to proceed with foreclosure on the note to collect the amount due. Motion by Lueth, second by Sorensen, carried unanimously to approve. #98-188 - Consideration of Staffing Plan for Ambulance Billing. Chuck Haase, Finance Director, and Fire Chief Jim Rowell, stated that as discussed at the June 15, 1998 and July 6, 1998 City Council Study Sessions, the ambulance billing process had evolved to a billing for services and supplies that requires significantly more time and training and that the City's customer service was enhanced by filing insurance for customers and also by providing better cash management for the City. Mr. Haase stated it was the recommendation of staff to add a Senior Accounting Clerk in the Emergency Medical Services division of the Fire Department. Dale Iman, City Administrator, stated that the 1997-1998 Budget would not change, but a reallocation of $5,432 would occur in the General Fund. Cindy Rasmussen, 816 7th Street, St. Paul, stated that her company did complete billing claims and could provide the service for less than what the new position would be. Motion by Murray, second by Preisendorfto approve the addition of a Senior Accounting Clerk. Lewis Kent, 624 East Meves, spoke in opposition to creating a new position. Councilmember Mehring expressed concern that competitive bids were not taken for provision of the service. City Administrator Dale Iman stated that a request for proposals would need to be completed and noted that the City's collection rates were now higher than what the outside firm was getting. Councilmember Whitesides stated that money might not be saved by outsourcing and that cross training was also being accomplished. Councilmember Sorensen spoke in support of outsourcing the responsibilities. Councilmember Whitesides stated that creating one position might lead to promotions and additional reassignments which would ultimately cost the City more than the one position being presented. Councilmember Murray noted that the increase in collection rates would I I I Page 7 of 8, City Council Regular Meeting, July 13, 1998 pay for the cost of the additional employee. Councilmember Lueth noted that when the custodial services were bid, the staff put together a proposal that saved the City over $10,000 and realized efficiencies which otherwise might not have been realized. Councilmember Samuelson noted that customer service was critical and should not be sacrificed. Councilmember Lueth asked that the motion to approve be amended to allow for a request for proposal. Councilmember Murray did not accept. Councilmember Samuelson called the question. Upon roll call vote to approve the addition of a Senior Accounting Clerk, Preisendorf, Samuelson, Murray voted aye. Mehring, Pielstick, Hosier, Whitesides, Lueth, and Sorensen voted nay. Motion failed. Motion by Whitesides, second by Mehring to prepare and receive requests for proposals for conducting the job responsibilities. Upon roll call vote, all voted aye. Motion adopted. #98-189 - Consideration of Necessity for Creation of Sidewalk District. Dale Iman, City Administrator, reported that in July, 1997, the City Council had approved Resolution #27-214 which established a public sidewalk policy to improve the quality of the City's public sidewalk system and reduce pedestrian safety concerns throughout the City. It was noted that Section 32-58 of City Code authorized the City Council to give notice to property owners to construct sidewalks contiguous to the street boundary lines and that in December, 1997, letters had been sent to 111 property owners identified as not being in compliance with the sidewalk policy requesting installation of sidewalks prior to July 1, 1998. Mr. Iman added that in May, 1998, a second reminder had been mailed and that to date, 56 property owners had completed the sidewalks, 8 are in the process, 26 had received permits. Mr. Iman stated that Resolution #98-189 authorized the necessity of a Sidewalk District which allowed Council to proceed with creation of a Sidewalk District, upon which then allows staff to solicit bids and award a contract for the necessary sidewalk installation. Motion by Whitesides, second by Samuelson to approve. Councilmember Mehring questioned how this was different from other districts. Mr. Iman responded that some property owners had asked for waivers this spring and that the City had installed sidewalks on City property. Councilmember Sorensen noted that in previous years this had been an issue. Charlie Cuypers, City Attorney, reported that there would be a protest period as provided in the ordinance. Councilmember Mehring voiced concern with the financial implications for those individuals who were on fixed incomes. Roll call vote was taken on the motion to approve. Motion was adopted unanimously. #98-190 - Consideration of Change to Island Oasis and Lincoln Pool Closing Policy. Councilmember Whitesides reported that as discussed at the July 6, 1998 City Council Study Session, it was suggested that the current opening and closing policy of the aquatic facilities be modified in an effort to maintain consistency in the operation and management of these facilities. Motion by Whitesides, second by Pielstick to approve. Steve Paustian, Parks and Recreation Director, stated that the policy provided that the aquatic facilities be open to the public during all scheduled hours of operation with the following exceptions: dangerous or inclement weather conditions; forecasted high temperature for the day under 700; mechanical or chemical failure that could jeopardize patron safety; and any other condition that the Nebraska State Health Department regulations require facility closure. It was noted that this policy would make it easier for the employees to do their job. Roll call vote was taken on the motion to approve. Motion was adopted unanimously. PAYMENT OF CLAIMS: Motion by Lueth, second by Samuelson, carried unanimously to approve the claims for the period of June 23, 1998 through July 13, 1998, #9260, # 15484, # 19025, #22724, #65750 and claim #66183 through #66753. I I I Page 8 of 8, City Council Regular Meeting, July 13, 1998 ADJOURNMENT: The meeting was adjourned at 9:45 p.m. Respectfully submitted, ~a~ Laura Irvine Deputy City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION July 20, 1998 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island 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 July 15, 1998. Mayor Gnadt called the meeting to order at 7:07 p.m. The following members were present: Mayor Gnadt, Councilmembers Samuelson, Mehring, Whitesides, Preisendorf, Lueth, Pielstick, Seifert, and Murray. Councilmembers Hosier and Sorensen were absent. The following City Officials were present: City Administrator Dale Iman and Deputy City Clerk Laura Irvine. Mayor Gnadt stated that outbursts would not be tolerated and would result in removal by the Deputy Police Chief. Discussion on Outside Agency Funding Requests. Councilmember Murray stated that the outside agency funding requests was one small piece of the budget and without seeing the entire budget it would be difficult to make a determination on funding level now. Councilmember Seifert questioned where the 5% decrease determination originated. City Administrator Iman responded that came from the Council's written goals and stated that outside agencies were asked to also comply with the reduction. Councilmember Mehring voiced a concern with the Humane Society contract. Mr. Iman stated the City is awaiting response from a meeting with Humane Society where they outlined the level of service, price, and days of service. Lori Shultis, Crisis Center, stated that the 5 % reduction is not from the total operating budget and felt unjust that she's asked to decrease when we don't comply. If Grand Island paid it's fair share, she'd be asking $350,000, that she could reduce 5 % . Ms. Shultis stated the City couldn't run the program at her cost of $7.50 per hour. Ms. Shultis stated if the Crisis Center closed, the City would be obligated to provide this service by statute. Kay Collins, 1003 West Louise, wanted to know the function of the Clean Community Systems. Mr. Iman stated the funding has been from the Solid Waste Agency budget and provided for education, recycling, cleanups, and beautification efforts. Kay Collins, 1003 West Louise, stated the original intent of the zoo was a petting zoo and the City could not afford to make it in the top 15% of the nation. Mike Nance, Zoo Director, stated many citizens were not aware of what animals were at the zoo and gave elephants as an example. Councilmember Pielstick questioned whether or not the citizens voted to support the zoo. Mayor Gnadt indicated yes. Tammy Sundquist, 204 East Ashton, stated there were contracts to keep some animals for five years and that this zoo had an incredible amount of space available, but just needed construction. Terry Pielstick, 722 East 7th Street, stated we could be at the top 15 %, not in size, but in quality. Ken Schaecher, 904 South Cherry, stated that kids got into trouble when I I I Page 2 of 4, City Council Study Session, July 20, 1998 they did not have enough to do and that the zoo kept them out of trouble while providing a great educational opportunity. Mayor Gnadt stated that former Mayor Kriz built a free zoo and that today area businesses stand behind it with support and that we have an excellent zoo in Grand Island. Councilmember Mehring questioned whether the City was required by law to fund the Crisis Center should they close. City Attorney Cuypers stated he did not know enough to provide an answer. Councilmember Whitesides indicated until he sees the entire budget, he could not determine a funding amount to provide outside agencies. Susan Haecker, Family Violence Coalition, asked the Council to look historically at what agencies have gotten. Mr. Iman indicated that dollar amounts would be plugged in the budget and they could be changed later. Discussion on Annexation of Platte Valley Industrial Park Area. City Administrator Iman illustrated a map of the 147 acres of the proposed annexation and explained the urgency of the request. Mr. Iman noted that the City would realize $7,500 in real and property taxes the first year, and that additional staff would not be hired to cover City services such as police, fire, ambulance, or utilities. City Attorney Cuypers informed Council that by Statute, the City could determine what the best economical use (urban character) of the farm land in the foreseeable future the land would then be eligible for annexation. Councilmember Pielstick expressed concerns of having land skip problems like the Adams Street properties. Councilmember Pielstick questioned if the city limits were moved out to the proposed annexation limit would the City still be responsible for the two mile jurisdiction beyond that. Mr. Iman answered yes. Discussion was held concerning the city limits and the necessity of continual property or roadway. Mr. Cuypers stated property in this area had been for sale because the owners recognize the land potential was more than cornfields. Mr. Cuypers stated annexation was desired by property owners because of theft reduction due to street lighting and police protection and the decrease of fire insurance rates. Councilmember Pielstick questioned how police would not require additional staff for patrolling the extra area. Deputy Police Chief Piel stated the area was already patrolled and that actual time involvement was minimal and not the time consuming part of police work. Councilmember Seifert questioned whether there was a shortage of police offices and was the City adequately protected. Mr. Piel stated the police Department was doing the job with current staff. Mr. Iman reported that according to a survey, there should be 1.5 officers per 1,000 citizens; there were 65 officers on staff and in 1990 the City's population was 39,000. Councilmember Lueth questioned if the cost of street construction would come back to the City. Mr. Iman responded that street and sewer districts would be petitioned and the costs would be assessed back to property owners, if districts were not petitioned out. Dave Reed, Boys Town, 3230 West Wildwood Drive, questioned whether they had the option to be annexed as their property was not included in the drawing presented. Mr. Iman recommended they chose annexation so all the property was brought in as a whole. Councilmember Mehring questioned whether Rich & Sons wished annexation. Mr. Cuypers responded contact had not been made nor had requests been received. This item will be brought to the next City Council Meeting for action. I I I Page 3 of 4, City Council Study Session, July 20, 1998 Mayor Gnadt called a recess at 8:20. Mayor Gnadt called the meeting back to order at 8:28. Presentation of Neighborhood Association Matching Grant Program. Councilmember Whitesides, 507 West Charles, explained that at the City Council Meeting of May 4, 1998, the Council established a "Neighborhood Association Matching Grant Program" with the idea to bring back the neighborhoods, strengthening them one block at a time and to promote Grand Island as a community. Councilmember Whitesides passed out a Neighborhood Association Guide which set forth specific requirements and would help associations set up bylaws and get started. Councilmember Lueth responded she was very much in favor of neighborhood associations and several councilmembers are liaisons to various associations, but questioned where funding would come from. Councilmember Whitesides stated the majority of associations are created resulting from major problems in the neighborhoods and that this program would be an instrument in creating civic pride in citizens. Councilmember Seifert thanked Councilmember Whitesides for bringing this forward and fully supported the idea and compared associations to PTA's which serve as one voice carrying multiple voices. Councilmember Whitesides stated Councilmember Pielstick made a good comment earlier about citizens taking pride in the public parks and the City can't necessarily afford swings and grills, but that the associations would be able to accomplish these types of extras which would benefit the entire city. Councilmember Mehring explained in his experience programs don't stay the same, they grow through the years requiring additional funds. Councilmember Whitesides stated he hoped the costs would increase drastically, the result would mean large quantities of neighborhoods involved with the City working as one. Councilmember Mehring questioned what other communities were contacted and had associations. Councilmember Whitesides answered Bellevue, Omaha, Ralston, Lincoln had two different types, Minneapolis, MN, and St. Paul, MN were locations pulled off the internet. Councilmember Mehring stated he would contact these communities and gather information from them directly. Gwen Pielstick, 312 East 7th Street, stated their association received tremendous praise for their efforts, but they often turned down projects due to limited funding and were asking for a little help from the City. Councilmember Pielstick stated that when E.A.S.T. was formed, there were no guidelines, and establishing bylaws and checking accounts was a struggle, and that by establishing this program, future associations would not be faced with such challenges which could result in possible failure before getting started. Councilmember Murray stated the requested funding seemed high. Councilmember Whitesides responded that a funding amount was needed as a starting point and this was a draft to work with. Belinda Wessels, 429 Arapahoe Avenue, President of Indianhead Neighborhood Association, stated the Council seemed stuck on the dollar amount and requested they look beyond that and look at the program. City Attorney Cuypers spoke on the positive results in Indian Acres since the implementation of the association as they are a reporting mechanism to the City. Mr. Cuypers stated that many of the initial problems were trash and had been dealt with. City Administrator lman agreed with Ms. Wessels that the problem was the funding amount and believed there might be possible funding in the Family Preservation I I I Page 4 of 4, City Council Study Session, July 20, 1998 Grant for this program, as this dealt with the family. Councilmember Pielstick stated that kids were involved in every project their association undertook and they experienced neighborhood pride, which results in less crime. Mayor Gnadt stated that there may be possible funding in various Grand Island foundations. Councilmember Pielstick wanted to see associations in every neighborhood helping each other out and working together. Councilmember Whitesides asked for Council input and requested they read over the information. Mr. Iman stated that a dollar amount was needed for the preliminary budget. Councilmember Seifert instructed to put the dollar amount in there as it could be adjusted later. Brian Pielstick, 312 East 7th Street, stated that funds were tight and people don't always have the direction, give them this program as a jump start in getting started in an association. Overview of Business Improvement Districts. As Ethnic Festival tee-shirts were distributed, Downtown Development Director Kelley explained the Supreme Court Ruling that was passed to the Hastings Business Improvement District, relative to the manner in which their BID was organized. Ms. Kelley stated the Business Improvement District #1 would present it's budget at the July 27, 1998 City Council Meeting and that the City of Grand Island would voluntarily comply with this ruling, and when approved it would roll over and become Business Improvement District #2. Ms. Kelley explained the Supreme Court looked at specific projects with specific costs so that when assessments come out, individuals know what they are paying for. Councilmember Lueth questioned whether the same board could be appointed; Ms. Kelley responded it could. Assistant City Attorney Shotkoski stated the Supreme Court ruling was letting people know what they are paying for. Councilmember Mehring questioned whether Hastings ruled on CRA and was this the same thing. City Attorney Cuypers responded it had been submitted, but hadn't been decided and it was not entirely similar. Councilmember Murray questioned if the Board had considered the addition of new properties indicating 4th Street, and asked if this was the opportunity to add them. Ms. Kelley responded that the Board discussed that possibility, but the intent was to keep everything the same, though the guidelines are in place for future districts. Councilmember Samuelson asked if this was cost effective or costly. Ms. Kelley responded she didn't know if the Supreme Court looked at it in that light, it's a neutral issue. Adjournment. The meeting was adjourned at 9:20 p.m. Respectfully submitted, ~!J~ Laura A. Irvine Deputy City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING July 27, 1998 Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on July 27, 1998. Notice of the meeting was given in the Grand Island Independent on July 22, 1998. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Mehring, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Lueth, Murray, Sorensen, and Samuelson. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, Public Works Director Wayne Bennett, City Attorney Charlie Cuypers, and Finance Director Chuck Haase. RESERVE TIME TO SPEAK ON AGENDA ITEMS: 15 individuals reserved time to speak on Agenda Items. PUBLIC HEARING: Public Hearing on Acquisition of Utility Easement and Right of Way from Hall County School District No. 002, Located Between Marion Road and Blauvelt Road, with Engleman Road to the West and Capital Avenue to the South. Gary Mader, Utilities Director, reported that acquisition of an utility easement and right-of-way located between Marion Road and Blauvelt Road, with Engleman Road to the west, and Capital A venue to the south, was required in order to install, upgrade, maintain, and repair power appurtenances, including lines and transformers to provide for the increased needs of Engleman Elementary School. Norm Hayes, 4321 Blauvelt, spoke on the issue. 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 number: #8395 - Approving Creation of Sidewalk District #1, 1998 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 then call for a roll call vote on each reading and then upon final passage. Second by Pielstick. Upon roll call vote, motion was adopted unanimously. I I I Page 2, City Council Regular Meeting, July 27, 1998 Clerk: Ordinance #8395 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 #8395 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 final passage, Ordinance #8395 is declared to be lawfully passed and adopted upon publication as required by law. CONSENT AGENDA: Councilmember Pielstick requested that Agenda Items G3a and G5a be removed from the Consent Agenda. Motion by Murray, second by Mehring, carried unanimously to approve the Consent Agenda, minus G3a and G5a. Receipt of Official Documents. Civil Service Commission Minutes of June 15, 1998, Library Board Meeting Minutes of May 4, 1998, Library Board Meeting Minutes of June 1, 1998, and Zoning Board of Adjustment Minutes of May 12, 1998. Approving Minutes of July 13. 1998 City Council Regular Meeting and July 20. 1998 City Council Study Session. #98-192 - Approving Change Order for Street Improvement District 98-P-2. Phoenix Street. #98-193 - Awarding Bid for Video Playback Machine to Alpha Video and Audio. Edina. Minnesota. in the Amount of $17.812 #98-194 - Awarding Bid for Motor Truck Scale to R & V Scale Service. Omaha. Nebraska. in the Amount of $42.876. #98-196 - Approving Certificate of Final Completion for Street Improvement District 98-P-2. Phoenix Street. #98-197 - Approving Acquisition of Utility Easement and Right of Way. from Hall County School District #002. Located Between Marion Road and Blauvelt Road. with Engleman Road to the West and Capital A venue to the South. #98-191 - Consideration of Chan~e Order for Street Improvement District 97-P-4. 4th Street and 10th Street. Councilmember Pielstick questioned if the paving included driveways. Wayne Bennett, Public Works Director, responded that he would obtain that information for the Council. Motion by Pielstick, second by Sorensen, carried unanimously to table until additional information was available on which driveways were included in the paving. I I I Page 3, City Council Regular Meeting, July 27, 1998 #98-195 - Consideration of Certificate of Final Completion for Street Improvement District #97- P-4, 4th Street and 10th Street. Motion by Pielstick, second by Sorensen, carried unanimously to table until additional information on which driveways were included in the paving was available. REOUESTS AND REFERRALS: Approving Appointment of Victor Aufdemberge. Bea Bailey. George Bartenbach. Ralph Bradley, Dick Brown. Dan Cimino. Mark Myers. Helen PoW. Steve Rasmussen, Sharon Walsh. and Ben Wassinger. Jf. to Downtown Improvement District #2. RESOLUTIONS: #98-198 - Approving Business Improvement District #1 Budget for the 1998-1999 Fiscal Year. Dianne Kelley, Downtown Development Director, reported that as discussed at the City Council Study Session of July 20, 1998, in accordance with the recent Supreme Court ruling, it was proposed that Business Improvement District #2 be created to replace the existing Business Improvement District and that Business Improvement District #2 would have essentially the same boundaries, responsibilities, and role as Business Improvement District #1. It was noted that a budget for Business Improvement District #2 would be established upon completion of the creation of the District but that Chapter 13 of City Code provided that the budget for Business Improvement District #1 be approved by the City Council at the second meeting in July. Mrs. Kelley added that inasmuch as Business Improvement District #2 would replace Business Improvement District #1, Resolution #98-198 provided simply for the expenditure of the existing district funds for upcoming projects and that no assessment revenue be planned in FY 1998-1999. Glendale Reiss, 910 North Boggs, spoke on the issue. Councilmember Murray confirmed that the fund balance would be expended and then the District would cease to exist. Motion by Lueth, second by Sorensen, carried unanimously to approve. #98-199 - Approving Agreement with the Nebraska Department of Roads for Construction of the Beltline Hiker/Biker Trail. Steve Paustian, Parks and Recreation Director, reported that on January 26th the City Council adopted Resolution #98-15 which authorized a grant application to the Nebraska Department of Roads for funding to develop the Beltline hiker/biker trail and that on May 5, 1998 the City received notification that it had been awarded $335,053 to be used for development of the trail, specifically for a 10" wide hike/bike trail to begin at the intersection of Sutherland and Cherry Streets, proceed south-southwest through Pier Park, past Dodge and Gates Elementary Schools and end at West Doreen Street and Lamar Avenue adjacent to the Union Pacific branch of the St. Joe rail line. It was noted that an agreement with the Nebraska Department of Roads was required in order for the City to receive the funds and that the City's share of the project was estimated to be $118,000 or approximately 26% of the $453,054 project. Motion by Murray, second by Samuelson to approve. Councilmember Lueth questioned why the City was responsible for a 26% match and not the 20% match anticipated. Mr. Paustian I I I Page 4, City Council Regular Meeting, July 27, 1998 responded that it had been determined that the City stood a better chance of receiving the grant funding if more City funding was allocated toward the project. Councilmember Sorensen questioned where the additional City funds were coming from and stated that overhead walks should be included due to safety concerns on Bismark and Locust Streets. Mr. Paustian stated that there were savings in other Parks budgeted projects and noted that the grant did not provide for overhead walks. Councilmember Preisendorf spoke in support of holding a public hearing on the proposed design. Mr. Paustian stated that there would be reviews conducted periodically by the State and that the proposal was somewhat limited due to width of corridor required. Councilmember Pielstick inquired if lighting was included to ward off vandalism. Mr. Paustian stated that no lighting was included but that the trend is for the reduction of vandalism and the increase in property value as a result of trails. Discussion was held on the use of portland cement concrete and not crushed asphalt due to maintenance concerns. Kay Collins, 1003 West Louise, questioned the costs for this trail and the entire trail system. Mr. Paustian responded that information had been provided to the Council on the anticipated costs and that the Comprehensive Plan included many trails, which would change to meet future needs. Glendale Reiss, 910 North Boggs, Mark Griesmann, 242 South Cherry, Richard Slamann, 1503 West Stolley Park Road, Tom O'Neill, 514 West 10th Street, and Lewis Kent, 624 East Meves, spoke in opposition to the trail, citing concerns with safety. John Brownell, 4309 Quail Lane, Theresa Skibinski, 3019 South Avon, Lois Stienke, 103 West Ashton, John Wayne, 1101 Nebraska Highway #2, Jackie Burnett, 1740 South Blaine Street, Troy Hughes, 4251 Nevada, and Mike Swanson, 578 Stagecoach Road, spoke in support of the trail. Councilmember Murray stated that the need for hike and bike trails was the number one item identified by the public in the Comprehensive Plan. Mr. Paustian noted that the Council action tonight was to sign the contract with the State of Nebraska for development of the trail and that if the Council did not approve the agreement, the City would maintain the trail as it was. Upon roll call vote to approve, Hosier, Seifert, Whitesides, Lueth, Murray, Samuelson, and Preisendorf voted aye. Mehring, Pielstick, and Sorensen voted nay. Motion adopted. #98-200 - Approving Annexation of Platte Valley Industrial Park. City Administrator Dale Iman reported that as discussed at the Study Session on July 20, 1998, the City had received written requests from two property owners located in the Platte Valley Industrial Park asking to be annexed into the corporate limits of the City and that the proposed annexation included 147 acres of property in the Platte Valley Industrial Park area. Mr. Iman noted that in order for annexation to proceed, a plan for extension of City services to the proposed property must be developed and that the annexation plan included 1) estimated cost impact of providing the services to the land 2) the method of financing the extension of services and how services will be maintained; 3) timetable for extending services; and 4) a map drawn to scale which clearly delineates the land proposed for annexation. Motion by Sorensen, second by Lueth, to approve. Kay Collins, 1003 West Louise, questioned the ability of the City to annex the property and questioned if the property owners would be paying for the improvements. City Administrator Dale Iman stated that assessment districts had traditionally been utilized for the improvements and that this annexation would be handled the same way. Andy Baird, 2414 Brahma, I Page 5, City Council Regular Meeting, July 27, 1998 representing the Economic Development Corporation, stated that a number of businesses had located in the Industrial Park in recent years. Lewis Kent, 624 East Meves, spoke against providing services at no cost. City Administrator Iman noted that the Council would have to award the bid for any improvements and that preliminary costs would not be available until bids were received. Councilmember Mehring noted that he had asked the City Attorney to provide court rulings to show authority for the City to annex the property. Mr. Mehring added that the annexation would result in increased personal property taxes and real estate taxes. Upon roll call vote to approve, the motion was adopted unanimously. I #98-201 - Approving and Adopting Fee Schedule for 1998-1999 Fiscal Year. Chuck Haase, Finance Director, reported that in conjunction with the development of the Fiscal Year 1998- 1999 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 Lueth, second by Murray to approve. Councilmember Mehring questioned whether the proposed fees reflected the cost to provide the services. City Administrator Dale Iman responded that Department Directors had been requested to analyze the costs associated with providing services and to recommend fees accordingly. Discussion was held on several of the proposed fees. Mr. Haase stated that inasmuch as the revenues generated by fees were included in development of the budget, action was necessary in order to complete the preliminary budget. Councilmembers Mehring and Whitesides stated that additional review of the fees was necessary. Upon roll call vote to approve, Hosier, Pielstick, Seifert, Preisendorf, Whitesides, Lueth, Murray, Sorensen, and Samuelson voted aye. Mehring voted nay. Motion adopted. I #98-202 - Approving Resolution Barring Political Candidates from Individual GITV Appearances. Councilmember Seifert recommended that the GITV policies be amended to prohibit political candidates from making appearances on GITV other than for public meetings or forums from date of filing for office until either the day after the general election or until a person ceases to be a political candidate. City Clerk Cindy Cartwright presented a revised resolution which allowed for broadcast of materials with prior approval by Council. Motion by Pielstick, second by Whitesides to approve the revised Resolution. Councilmember Mehring spoke in support of broadcasting City Boards and Commissions, as well as Study Sessions. Councilmember Whitesides and Lueth voiced agreement. Councilmember Murray stated that GITV was an informational tool and that providing information was an important part of elected officials' jobs. Councilmember Whitesides spoke in support of expansion of GITV. Councilmember Preisendorf stated that the integrity of the candidates should be considered and agreed with Councilmember Murray on supporting a Resolution limiting appearances for 30-60 days before the election. Councilmember Mehring spoke in support of Department Directors doing more GITV programs. City Administrator Dale Iman stated that staff had expanded GITV as directed by Council's goals last year and that it appeared Council wanted to see more meetings broadcast. Kay Collins, 1003 West Louise, spoke against the Coffee with the Mayor program. Cindy Cartwright, City Clerk, responded that the program had been implemented at the suggestion of the Public Information Officer following attendance at a conference and was utilized I Page 6, City Council Regular Meeting, July 27, 1998 as a means of providing information to the public on different issues affecting the community. Glendale Reiss, 910 North Boggs, and Lewis Kent, 624 East Meves, spoke in support of videotaping Study Sessions and budget hearings. Richard Slaman, 1503 West Stolley Park Road, spoke in support of equal access for all candidates and for increased programming to include religious programming. Gary Quandt, 924 West 15th Street, spoke in support of the proposed Resolution. Motion by Murray, second by Whitesides to amend the Resolution to provide for barring of candidates for 60 days prior to the election. Upon roll call vote, Whitesides, Samuelson and Murray voted aye. Pielstick, Hosier, Mehring, Seifert, Sorensen, Lueth and Preisendorf voted nay. Motion failed. Upon roll call vote to approve the Resolution, Whitesides, Pielstick, Hosier, Mehring, Seifert, Sorensen, Lueth, voted aye. Preisendorf, Samuelson and Murray voted nay. Motion adopted. I I #98-203 - Approving Establishment of Downtown Improvement District #2 Board and Boundaries. Dianne Kelley, Downtown Development Director, reported that as discussed at the City Council Study Session of July 20, 1998, in response to a recent Supreme Court ruling, the Downtown Improvement Board and City staff had recommended the replacement of Business Improvement District #1 with Business Improvement District #2. It was noted that Resolution #98-203 outlined the boundaries of Business Improvement District #2 as required by State Statutes. Motion by Sorensen, second by Seifert to approve. Councilmember Pielstick suggested that the boundaries of BID #2 be amended to include properties that were only partially included in the Business Improvement District #1. Mrs. Kelley stated that the Downtown Improvement Board had considered including additional properties but thought the best thing to do was to ensure that the Supreme Court ruling was adhered to and to address boundaries at a later date. City Attorney Charlie Cuypers stated that the description of the properties in the district could be amended and reviewed the procedure for establishment and protest of such a district. Motion by Murray to refer the issue back to the Downtown Improvement Board for review of boundaries. Motion died for lack of a second. Councilmember Mehring spoke in support of notifying the potentially affected business owners prior to inclusion in the district. Motion by Murray, second by Pielstick to amend Resolution #98-203 to include the lot on the northwest corner of First Street and Walnut Street and the two lots on the southeast corner of 2nd Street and Eddy Street. Kay Collins, 1003 West Louise, questioned whether all properties were required to be in the district. City Attorney Charlie Cuypers responded that if the district was created by Council and not petitioned out, all businesses would be required to be in the district and to pay assessments. Councilmember Seifert questioned the status of the current projects if the district were not recreated as Business Improvement District #2. City Administrator Dale Iman stated that the projects would have to be funded by the general fund or abandoned. George Bartenbach, 2615 South Cochin, spoke on the benefits received by businesses in the district. Roll call vote was taken on amendment to Resolution to include additional properties. Upon roll call vote, Hosier, Pielstick, Murray, Seifert, Preisendorf, Whitesides, Lueth, Samuelson and Sorensen voted aye. Mehring voted nay. Motion adopted. Roll call vote was taken on original motion to adopt Resolution #98-203. Upon roll call vote, Hosier, Pielstick, Murray, Seifert, Preisendorf, Whitesides, Lueth, Samuelson, and Sorensen voted aye. Mehring voted nay. Motion adopted. I Page 7, City Council Regular Meeting, July 27, 1998 PAYMENT OF CLAIMS: Chuck Haase, Finance Director, stated that based on earlier Council action, Claim #67173 and #67174 had been pulled and that Claim #67216 was also pulled as it was a duplicate, resulting in a revised claim amount of $2,722,199.94. Motion by Mehring, second by Lueth, carried unanimously to approve the Claims for the period of July 14, 1998 through July 27, 1998, claim #21612, #21678, #45608, #66671 and #66754 through #67269, minus claims #67173, #67174, and #67216. ADJOURNMENT: The meeting was adjourned at 10:03 p.m. Respectfully submitted, cf:::~~~ City Clerk I I I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL SPECIAL STUDY SESSION August 3, 1998 Pursuant to due call and notice thereof, a Special Study Session of the City Council, a joint meeting with the Hall County Board of Supervisors and Health Board, was conducted in the Community Meeting Room of City Hall, 100 East First Street, on August 3, 1998. Notice of the meeting was given in the Grand Island Independent on July 29, 1998. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Pielstick, Hosier, Whitesides, Lueth, Mehring, Sorensen, Samuelson, Seifert, Preisendorf and Murray. The following City Officials were present: City Administrator Dale Iman and City Clerk Cindy Cartwright. Discussion on Potential Relocation of Health Department. Bruce Dart, Health Director, presented a recommendation from the Board of Health relative to relocating the Health Department to the facility at 1314 West Third Street. Mr. Dart reviewed the mission of public health which was to prevent disease, injury, disability and premature death and included protecting people from environmental threats and reducing risk and increasing public education. Mr. Dart stated that the Health Board had been requested by the City and County to evaluate the need for a different facility and that based on accessibility, costs, available space, and location, the Health Board had determined that the facility at 1314 West Third Street would meet the needs of the Health Department now and in the future. Councilmember Pielstick questioned whether any figures had been obtained relative to removal of asbestos. Mr. Dart responded that the feasibility study conducted in July, 1997 had included some preliminary numbers but the numbers had not been confirmed. Councilmember Lueth noted that asbestos removal would be an issue with any use. Councilmember Sorensen questioned whether soil samples had been taken to determine if contamination had occurred. City Administrator Dale Imanstated that an environmental study had been completed and no concerns relative to contamination were noted. County Board Supervisor Dick Hartman questioned the possibility of outsourcing the WIC program and the immunization clinics. Mr. Dart responded that either a local Health Department or health agency was required to administer WIC and that there were three full service Health Departments in the State of Nebraska. Councilmember Mehring requested a listing of all Health Departments in the state including those offices that provide contracted services. City Administrator Dale Iman noted that the proposed 1998-1999 Annual Budget provided funding in the amount of $200,000 for renovation based on the feasibility Study. County Boardmember Margaret Landis spoke against the proposal whereby the City would provide the building to the Health Department at no charge for 10 years and that thereafter a rental fee would be charged citing a concern with not knowing the rental fee prior to entering into such agreement. Mr. Iman stated that the rent could be established now or at some point in the future. County Boardmember Huey Long voiced concern I I I Page 2, City Council Special Study Session, August 3, 1998 with deeding the property which housed the existing Health Department to the City as proposed. Mr. Iman noted that the joint meeting was an opportunity to begin dialogue and to work toward a win/win/win solution. Mrs. Landis stated that the County had a shortage of office buildings and that the building could potentially be used Public Defenders or County Attorneys. Discussion was held on the anticipated use of the former City Hall and whether any office space would be available for use by the County. Mr. Iman noted that the property could be developed by a private developer and that same space might be available for County offices. County Boardmember Tammi Stelk spoke in opposition to the County paying rent for office space to another governmental entity. Mr. Hartman stated that if the City was primarily interested in a parking lot there was potential for joint purchase of land to be used for a parking lot without demolishing the existing Health Department building. Discussion was held on privatizing services which would result in a need for less space. County Boardmember Pam Lancaster voiced concerns with demolition of the existing building, duplication of services provided by the Health Department, and direction public health was headed. Councilmember Mehring and County Boardmember Hartman voiced agreement with Mrs. Lancaster. The Health Department Director reviewed the costs associated with, and revenue generated by the laboratory, and discussed the ongoing collaboration which ensured there would not be duplication of services. Chairman of the Board of Health, Don Brittin, stated that relocating the facility was good for the Health Department and for the health of the community, that the Board was committed to providing quality services to residents of Hall County and requested that same commitment from the City and County. County Boardmember Irene Abernethy spoke in support of relocating. Mayor Ken Gnadt and Hall County Supervisors Chairman Dick Hartman agreed to appoint a Committee to further evaluate options and negotiate arrangements. It was noted that a follow up joint meeting would be held within a few weeks. Adjournment. The meeting was adjourned at 8:20 p.m. Respectfully submitted, c~~ri; ~tw0~ City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING August 10, 1998 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 on August 5, 1998 in the Grand Island Independent. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Ken Gnadt, Councilmembers Mehring, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Lueth, Samuelson, Murray, and Sorensen. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, Finance Director Chuck Haase, and Assistant Public Works Director Bud Buettner. RESERVE TIME TO SPEAK ON AGENDA ITEMS: Eight individuals reserved time to speak on agenda items. PRESENTATIONS AND PROCLAMATIONS: Councilrnember Whitesides reported that August 15, 1998 had been proclaimed as National Homeless Animals Day. Presentation of Fiscal Year 1998-1999 Annual Budget. City Administrator Dale Iman reviewed the budget highlights for the 1998-1999 Annual Budget. Mr. Iman reported that the proposed budget identified five primary areas, including continuation of a quality public service program, provision for new parks facilities designed to enhance the quality of life, inclusion of sufficient funding to rehabilitate and maintain existing facilities, accommodation of major capital improvements, and continuation of exercising sound fiscal policies and reduction of the City portion of the property tax. Mr. Iman added that the proposed budget provided for an increase of $760,748 for Public Safety expenses, representing an 8 % increase in Public Safety spending over the prior year. It was noted that a Public Hearing on the budget would be held on August 24, 1998 and that budget work sessions were scheduled for August 24,25,26 and 27, 1998 at City Hall. Mr. Iman added that budget books would be available at the City Clerk's Office and at the Public Library. PUBLIC HEARINGS: Public Hearing on Annexation of Property in the Platte Valley Industrial Park. City Administrator Dale Iman reported that as discussed at the City Council Study Session of July 20, 1998 and regular meeting of July 27, 1998, the City had received written requests from two property owners located in the Platte Valley Industrial Park for annexation to the City and that the proposed annexation included 147 acres and 7 properties in the Platte Valley Industrial Park area. It was I I I Page 2, City Council Meeting, August 10, 1998 noted that State Statutes provided that the ordinance be read on three separate occasions. Louise Miller, 1104 West Charles, spoke against the proposed annexation. Tony Clark, 3212 Memphis Place, representing Timm Development, spoke in support of the annexation but stated that if development occurred in the near future north of the property, there would be a financial impact to Timm Development. Mr. Clark also requested that the City examine the potential of improving the corridor that leads into the Industrial Park. No additional testimony was heard. Public Hearing on Change of Land Use Designation for Property Located Southeast of Intersection of U.S. Highway 281 and 13th Street from Transitional Agriculture to General Business. Dave Barber, Regional Planning Director, reported that Robert M. Allen Family, Limited Partnership, 1115 W. 2nd Street, Hastings, Nebraska, had submitted a request to rezone the property located southeast of the intersection of Highway 281 and 13th Street from "T A" (Transitional Agriculture) to "B2" (General Business) to allow for commercial retail and business development at this site. Mr. Barber added that the Regional Planning Commission, at their August 5, 1998 meeting, unanimously recommended deferral of the proposed land use and zoning change to the Regional Planning Commission meeting of September 2, 1998, at the request of the applicant and recommended that the City Council table the matter until the September 14, 1998 City Council Meeting. No public testimony was heard. Public Hearing on Reversion of Change of Land Use Designation for Property Located on the South Side of 13th Street. Approximately 1600 Feet West of Highway 281. from Residential Development and Commercial Development Back to Transitional Agriculture. Dave Barber, Regional Planning Director, reported that at the City Council Meeting of June 10, 1996, the City Council adopted Ordinance #8205 which approved a change in land use designation from "TA" (Transitional Agriculture) to "RD" (Residential Development) and "CD" (Commercial Development) for the property located on the south side of 13th Street, approximately 1600 feet west of Highway 281, to provide for construction of a planned apartment development. Mr. Barber added that Chapter 36 of the City Code provided that a rezoned area reverts to its former zoning in the event that construction had not commenced within 18 months of the change of land use. It was noted that it had been 25 months and construction had not commenced and that it was recommended that the City Council initiate the reversion of zoning to T A as required by City Code. No public testimony was heard. Public Hearing on Request of Principal Financial Group, 2800 West State Street. for Amendment to Previously Approved Conditional Use Permit Relative to Construction of Additional Parking to Allow Placement of Fence in Lieu of Berm. Dave Barber, Regional Planning Director, reported that at the City Council Meeting of June 8, 1998, the City Council had approved the application for a Conditional Use Permit for the construction of additional employee parking at 2800 West State Street contingent upon: 1) installation of internal landscape dividing strips within the parking lot area, as required under the City Landscaping Code; 2) elimination of the proposed easterly entrance/exit into the parking lot; 3) placement of a berm on the north side of the property and easement; 4) installation of lighting directed toward the center of the parking lot; and 5) I I I Page 3, City Council Meeting, August 10, 1998 additional landscaping as necessary to provide visual buffers from neighboring residential properties. Mr. Barber added that the City had received a request to amend the Conditional Use Permit approved at the June 8, 1998 meeting to replace the required berm with a fence due to concerns raised by property owners relative to water run off. Mr. Barber noted that no plans for the fencing or landscaping had been submitted to date. Rod Carsten, representing Principal, 3104 Briarwood Boulevard, spoke in support of the request. Ron Wiese, #14 Via Como, Bob Thomas, #12 Via Como, Tim Ziller, #21 Via Como, Toni Ochs, #10 Via Como, and Priscilla Miller, #10 Via Trivoli, spoke in opposition to the request. Leo Tylkowski, 1916 North Sheridan, spoke on the issue. 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: #8398 - Reversion of Change of Land Use Designation for Property Located on the South Side of 13th Street, Approximately 1,600 Feet West of Highway 281, From Residential Development and Commercial Development Back to Transitional Agriculture #8399 - Conveyance of Community Development Property at 611 East First Street to Steven and Linda Manolidis 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. Second by Pielstick. Upon roll call vote, motion was adopted unanimously. Clerk: Ordinances #8398 and #8399 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 #8398 and #8399 on their final passage. All those in favor of the passage of these ordinances no 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 #8398 and #8399 are declared to be lawfully passed and adopted upon publication as required by law. #8396- Consideration of Annexation of Property in the Platte Valley Industrial Park Area. City Administrator Dale Iman reported that the City Council, at the July 28, 1998 meeting, adopted the annexation plan for the Platte Valley Industrial Park area and set a public hearing date of August 10, 1998. Mr. Iman explained that the proposed annexation included 147 acres of property in the I I I Page 4, City Council Meeting, August 10, 1998 Platte Valley Industrial Park area and that the annexation plan included: 1) estimated cost impact of providing the services to the land 2) the method of financing the extension of services and how services will be maintained; 3) timetable for extending services; and 4) a map drawn to scale which clearly delineates the land proposed for annexation. Motion by Lueth, second by Mehring to approve Ordinance #8396 on its first reading. Councilmember Mehring questioned how improvements would be assessed. Mr. Iman responded that the cost would be paid by property owners consistent with past practice. Charlie Cuypers, City Attorney, confirmed that the property owners would pay for all costs of road development and that it was not anticipated that Boystown Road would be included in the paving. Councilmember Seifert stated that property owners in other areas of the City had expressed concern about adding more infrastructure when improvements were needed elsewhere. Councilmember Pielstick voiced concerns relative to Police coverage. Mr. Iman stated that the proposed budget included two new police officers. Upon roll call vote, Mehring, Lueth, Hosier, Whitesides, Preisendorf, Sorensen, Samuelson and Murray voted aye. Pielstick and Seifert voted nay. Motion adopted. #8397 - Consideration of Change of Land Use Designation for Property Located Southeast of Intersection of U.S. Highway 281 and 13th Street from Transitional Agriculture to General Business. Motion by Murray, second by Whitesides, carried unanimously to table to the September 14, 1998 City Council Meeting pending further consideration by the Regional Planning Commission. It was noted that this action was at the request of the property owner. CONSENT AGENDA: Councilmember Whitesides requested that item G2b - Health Department Relocation/Negotiation Committee be removed from the Consent Agenda. Councilmember Mehring requested that Resolution #98-205 - Final Plat and Subdivision Agreement for Continental Gardens - Second Replat be removed. Councilmember Pielstick requested that Resolutions #98-191 - Change Order for Street Improvement Project #97-P-4 and #98-195- Certificate of Final Completion for Street Improvement Project #97-P-4 be removed from the Consent Agenda. Motion by Pielstick, second by Lueth, carried unanimously to approve the Consent Agenda. Approved Appointments of Mr. Kent Kincanon, Mr. Marv Webb, Ms. Jennifer Worthington, Mr. Greg Johnson, Mr. Max Stanislav, Ms. Susan Shavee and Councilmember Preisendorf to the Automated Horn System at Rail Crossings Committee. Approving Appointment of Police Officer Kelly Mossman to the Police Pension Committee for a Term to Expire October 31. 2000. #98-206 - Approving Final Plat and Subdivision Agreement for Elder Subdivision, Located Immediately North and East of the Intersection of Highway 30 and Engleman Road. I I I Page 5, City Council Meeting, August 10, 1998 #98-207 - Approving Request of YWCA for Removal of Temporary Handicapped Parking Spaces on the North Side of Third Street Near Kimball Street. #98-208 - Awarding Bid for Sanitary Sewer District #486 to Hoffman Contracting of Columbus. Nebraska. in the Amount of $149.341.24. #98-209 - Awarding Bid for Rotary Snow Blower to Midwest Service and Sales. Columbus. Nebraska. in the Amount of $36.500 After Trade In. Approving Appointments of Councilmember Lueth. City Administrator Iman. City Attorney Charlie Cuypers and Mayor Ken Gnadt to the Health Department Relocation Negotiation Committee. Councilmember Whitesides suggested that it might be premature to appoint this Committee inasmuch as he had asked for discussion on use of the Southern Building as a Police Station to be placed on the August 17, 1998 City Council Study Session. Mayor Gnadt noted that a date had been set for the negotiations and that the County had selected their Committee members. Councilmembers Preisendorf and Lueth spoke in support of continuing with the negotiations with the County and keeping all options open. Dale Iman, City Administrator, noted that the Police Chief would not be in the office until August 17. Motion by Whitesides, second by Mehring to table the committee appointments. Upon roll call vote, Mehring, Whitesides, and Sorensen voted aye. Lueth, Hosier, Pielstick, Preisendorf, Seifert, Samuelson, and Murray voted nay. Motion failed. Motion by Preisendorf, second by Samuelson to approve the appointments to the Health Department Relocation Negotiation Committee. Upon roll call vote, Mehring, Pielstick, Hosier, Seifert, Lueth, Preisendorf, Samuelson, Murray, and Sorensen voted aye. Whitesides voted nay. Motion adopted. #98-205 - Approving Pinal Plat and Subdivision Agreement for Continental Gardens - Second Replat. Councilmember Mehring questioned the need for rezoning due to public hearing input. Dave Barber, Regional Planning Director, reported that Principal Life Insurance Company, owner, had submitted the final plat for Continental Gardens - Second Replat, located immediately north and east of the intersection of Webb Road and State Street to allow for the creation of an additional commercial lot containing 1.3 acres at the intersection of Webb Road and State Street. Motion by Mehring, second by Murray, carried unanimously to approve. #98-191 - Approving Change Order for Street Improvement Proiect #97-P-4. 4th Street and 10th Street. Councilmember Pielstick questioned the reason why driveways were included in the paving. Assistant Public Works Director Bud Buettner reported that it was an oversight on the City I S part and that the contractor had been provided incorrect plans. Motion by Lueth, second by Preisendorf to approve. Upon roll call vote, Mehring, Hosier, Seifert, Preisendorf, Whitesides, Lueth, Murray, Samuelson, and Sorensen voted aye. Pielstick voted nay. Motion adopted. I I I Page 6, City Council Meeting, August 10, 1998 #98-195 - Approving Certificate of Final Completion for Street Improvement Proiect #97-P-4. 4th Street and 10th Street. Motion by Lueth, second by Preisendorf to approve. Upon roll call vote, Mehring, Hosier, Seifert, Samuelson, Preisendorf, Whitesides, Lueth, Murray, and Sorensen voted aye. Pielstick voted nay. Motion adopted. REQUESTS AND REFERRALS: Consideration of Request of Principal Financial Group. 2800 West State Street. for Amendment to Previously Approved Conditional Use Permit Relative to Construction of Additional Parking to Allow Placement of Fence in Lieu of Berm. Councilmember Preisendorf stated that it would appear that more information from engineers was necessary to determine whether drainage was a problem, and moved to table action on the request. Motion to table died for lack of a second. Motion by Seifert, second by Pielstick to deny the request. Councilmember Mehring questioned whether Council would have liability if the berm were approved. City Attorney Charlie Cuypers responded that he did not believe so. Councilmember Pielstick stated that when the original request was made, Principal and the neighbors agreed on a berm and believed that the agreement should be honored. Councilmember Lueth stated that Principal should have addressed the drainage concerns prior to agreeing to a berm. Councilmember Murray asked for plans of what was proposed and inquired as to the grade of the parking lot. Rod Carstens, representing Principal, stated that he did not have the plans with him and that the proposed parking lot would be at the same level as the current parking lot. Mr. Carstens added that when Principal agreed to the berm they were not aware of potential drainage problems. Councilmember Preisendorf noted that this was a difficult issue and stated he would like Principal to get together with the neighbors and return with an agreed upon solution. Councilmember Mehring agreed. Mayor Gnadt suggested that the motion to deny be withdrawn and allow Principal two weeks to coordinate a solution with the neighbors. Mr. Carstens stated that the company had a tight time line due to construction deadlines. Councilmember Preisendorf reiterated a desire to see the issue resolved so that the community could retain the proposed jobs. Councilmember Samuelson suggested working with the Homeowners Association. Roll call vote was taken on motion to deny. Councilmember Preisendorf abstained. Councilmembers Whitesides, Lueth, Murray, Hosier, Samuelson, Seifert, Mehring, Pielstick, and Sorensen voted aye. Motion adopted. RESOLUTIONS: #98-210 - Approving Resolution of Intent to Create Business Improvement District #2. Dianne Kelley, Downtown Development Director, reported that as discussed at the City Council meeting of July 27, 1998, a recent Supreme Court ruling required the City to create a new Business Improvement District and to include on the creating Ordinance costs for each of the planned projects. Ralph Bradley, chair of the Downtown Improvement Board, noted that if Council adopted the Resolution of Intent to Create, all property owners in the proposed District would be notified by mail and a public hearing would be advertised and held on August 24, 1998 to receive public comment. It was noted that as directed by the City Council at the meeting of July 27, 1998, I I I Page 7, City Council Meeting, August 10, 1998 the proposed Business Improvement District #2 included the property at the corner of First Street and Walnut Street, and the two lots at 2nd and Eddy Streets. Louise Miller, 1104 West Charles, spoke in opposition and suggested that the boundaries be changed to exclude those individuals who did not receive benefits from the District. Councilmember Seifert stated that he had concerns about establishments such as the Liederkranz and Eagles being in the District. Discussion was held on the notification and protest process. Assistant City Attorney Dale Shotkoski stated that the Statutes would be followed for notification. Councilmember Seifert questioned whether there was a possibility that the City would have to pay refunds in assessments. Mr. Shotkoski stated that there was ruling from District Court on this issue. Motion by Whitesides, second by Preisendorf, carried unanimously to approve. PAYMENT OF CLAIMS: Councilmember Mehring requested that Claim #067414 be pulled. Motion by Lueth, second by Samuelson, carried unanimously to approve the Claims for the period of July 28, 1998 through August 10, 1998, claim #63678,64060,66781,66782,66786, 66787, 66875, 67211, 67219, and 67270 through 67710, minus claim #067414. Councilmember Preisendorf abstained from voting on Claim #067332. EXECUTIVE SESSION: Motion by Murray, second by Samuelson, carried unanimously to adjourn to Executive Session to discuss potential litigation and union negotiations. Executive Session began at 9:21 p.m. Motion by Preisendorf, second by Whitesides, carried unanimously to return to Regular Session at 11 :08 p.m. ADJOURNMENT: The meeting adjourned at 11:08 p.m. Respectfully submitted, ~j K~V Cindy ~artwright City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION August 17, 1998 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island was conducted in the Community Meeting Room of City Hall, 100 East First Street. Notice of the meeting was given in the August 12, 1998 Grand Island Independent. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Hosier, Preisendorf, Whitesides, Lueth, Mehring, Sorensen, Seifert, and Samuelson. Pielstick was absent. The following City Officials were present: Acting City Administrator Charlie Cuypers, and City Clerk Cindy Cartwright. Discussion on Use of Southern Nebraska Rural Public Power Building as Police Station. Councilmember Whitesides stated that he would like to ascertain whether the Council had an interest in utilizing the Southern Nebraska Rural Public Power Building as a Police Station. Mr. Whitesides stated that the cost of renovation of the facility now would be considerably less than building a new Police Station at some future time. Councilmember Murray stated that there appeared to be a benefit to housing the Police Department and Sheriff's Department in the same building but agreed that a study ought to be done as to the needs of the Police Department and Sheriff's Office. Councilmember Sorensen reminded the Council that any capital improvement projects paid for with sales or property tax had to be approved by a vote of the people. Councilmember Seifert questioned whether there was available space at the current facility to expand. Police Chief Kyle Hetrick noted that the original plans included an additional story but that due to available funding, the story was not built. The Police Chief added that he believed it beneficial to co-locate and stated that this was a systems problem that needed an overall view from throughout the community. Mr. Hetrick suggested that a committee be formed to review the law enforcement needs and to look at development of an overall plan. Councilmember Preisendorf spoke in support of establishing an overall plan to include State, County and City law enforcement officials. Councilmember Mehring spoke in support of utilization of the building inasmuch as it had been vacant for two years. Councilmember Lueth stated that she favored relocating the Health Department to that facility and noted that the relocation of the Health Department provided an excellent opportunity for the City and County to work together. Joel Dalton, Department of Corrections, noted that the current jail was grossly inadequate and stated that the jail should be separate from the Public Safety Building. Councilmember Mehring questioned whether the Police Department and Sheriff's Office could both relocate to the Southern Building. Mr. Hetrick responded that less space would be available. Mr. Dalton added that such a move would not be a benefit to the jail. Kay Collins, 1003 West Louise, spoke in support of an overall review. The consensus of the Council was to delay action until after the Health Department Relocation Negotiation Committee met. I I I Page 2, City Council Study Session, August 17, 1998 Presentation of Telecommunications Ordinance. Charlie Cuypers, City Attorney, presented the City Council with a proposed telecommunications ordinance which addressed the regulation of the use of public property by telecommunications companies. Mr. Cuypers noted that the regulations typically include licensing companies which installed telecommunications lines and facilities in and on the public lands but do not actually provide service within the community and franchising companies which do provide service within the community. Mr. Cuypers added that such ordinances generally regulate the installation of telecommunications lines and facilities in the public ways and cities usually require companies to submit their construction plans to the local government for review and comment, and require them to coordinate construction with the local Public Works and Utilities Departments. It was noted that the registrants and applicants would pay a fee sufficient to allow the City to recover its costs in reviewing construction plans and applications and that a fee for installation of telecommunications lines and facilities in public ways so that damages to rights-of-way, streets, alleys and other infrastructure caused by the installations could be recovered by the City was also being considered. Councilmember Seifert thanked the City Attorney for the work done on the proposed ordinance and noted that the installation of telecommunications lines could damage infrastructure. Councilmember Lueth questioned who would review the applications and financial statements. Mr. Cuypers responded that the City Administrator's Office in conjunction with the Legal Department would do so. Councilmember Murray stated that the ordinance looked to be very comprehensive and recommended that audits be conducted on a regular basis to ensure that the appropriate fees were being paid. Councilmember Lueth requested that the Ordinance be returned to the City Council when fees were established. Discussion on Schwarz Subdivision and Code Compliance Policies. Charlie Cuypers, City Attorney, reported that several months ago the Mayor and City Council confirmed to the Legal Department their sense that the City of Grand Island should not be pursuing litigation to enforce violations of the City Code in the two mile zoning jurisdiction unless the problem involved a direct and immediate threat to public health, safety or welfare. Representatives of the Schwarz Subdivision, including Dan Vodenahl, 130 Russell Road, Dale Cole, 120 Beck Road, Bernice Smith, 162 Beck Road, and Dan Geer, 161 Russell Road, spoke in support of the City providing assistance. It was noted that Merrick County had indicated that inasmuch as the City of Grand Island had zoning jurisdiction over the area, the City should handle the violations. Discussion was held on the past involvement of the City to assist in zoning issues. Councilmember Seifert stated that several property owners in Grand Island had expressed a need for the City to focus on property owner violations within Grand Island before moving outside the City limits. Councilmember Preisendorf suggested that the City do the enforcement and bill Merrick County for the expenses. City Attorney Charlie Cuypers noted that enforcement would be limited to court costs of approximately $75 per case and 10-20 hours of office time at $50 per hour. Regional Planning Director Dave Barber reported that he had drafted some regulations to create conformity between Merrick County and the City but that Merrick County had proceeded to rezone the property without input from the City. Mr. Barber encouraged the Council to consider the concept that zoning was only as effective as implementation and that without enforcement zoning was irrelevant. Councilmember Mehring questioned whether the City Attorney had been working with I I I Page 3, City Council Study Session, August 17, 1998 the Merrick County Attorney. Mr. Cuypers responded that the Merrick County Attorney was not inclined to address the issues inasmuch as they did not have a code which provided for enforcement. Councilmember Lueth voiced concern that even after legal action the property owners would not continue with clean up efforts which would result in further litigation. Kay Collins, 1003 West Louise, spoke against clean up efforts outside the City limits. Ron Schierling, 1217 West 5th Street, noted that there were two District Court actions relative to code enforcement in his neighborhood. It was determined that additional discussion would take place. Discussion on Establishing Policy Relative to Vote Abstention. Assistant City Attorney Dale Shotkoski reported that a request had been forwarded for discussion defining the circumstances when a Councilmember could abstain from voting. Mr. Shotkoski noted that the Statutes, Code or Robert's Rule mandated the ability to compel a vote, although it was the duty of every officer to express his vote. Councilmember Lueth stated that Councilmembers had an obligation to taxpayers to vote and that if an abstention was necessary, the reasons for doing so should be explained. Councilmember Murray stated that this was an individual responsibility but encouraged explanations when abstaining. Kay Collins, 1003 West Louise, stated that she supported the Council when abstaining due to conflict of interests. Adjournment. The meeting was adjourned at 9:00 p.m. Respectfully submitted, /7 / , . &n /L ~ &~ ful}/J;P"l~ Cindy K~g"twrig1\t ( City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING August 24, 1998 Pursuant to due call and notice thereof, a Regular City Council Meeting of the City of Grand Island was conducted in the Council Chambers of City Hall, 100 East First Street on August 24, 1998. Notice of the meeting was given in the Grand Island Independent on August 19, 1998. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Mehring, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Lueth, Samuelson, Murray and Sorensen. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, Finance Director Chuck Haase, City Attorney Charlie Cuypers and Public Works Director Wayne Bennett. RESERVE TIME TO SPEAK ON AGENDA ITEMS: Six individuals reserved time to speak on agenda items. PRESENTATIONS AND PROCLAMATIONS: Cindy Cartwright, City Clerk, reported that September 15, 1998 had been proclaimed as Clayton Yuetter Day. Councilmember Pielstick and Belinda Wessels of the Indian Acres Neighborhood Association, invited the City Council to attend the first Neighborhood Association Rally scheduled for September 10, 1998 at Stolley Park. GRAND ISLAND AREA SOLID WASTE AGENCY: Motion by Sorensen, second by Mehring, carried unanimously to adjourn to the Grand Island Area Solid Waste Agency. Public Hearing on Approving Proposed 1998-1999 Grand Island Solid Waste Agency Budget. Chuck Haase, Finance Director, reported that an Interlocal Cooperation Act Agreement creating the Grand Island Area Solid Waste Agency between the City of Grand Island and Hall County had been approved on August 10, 1992 and that State law required a Public Hearing on the proposed annual budget for the Agency. No public testimony was heard. #98-SW A-5 - Approving Proposed 1998-1999 Grand Island Area Solid Waste Agency Budget. Motion by Murray, second by Sorensen, carried unanimously to approve the budget. RETURN TO REGULAR SESSION: Motion by Pielstick, second by Preisendorf, carried unanimously to return to Regular Session. PUBLIC HEARINGS: Public Hearing on Proposed 1998-1999 Municipal Proprietary Budget. Chuck Haase, Finance Director, reported that State law required a public hearing on the proposed 1998-1999 Proprietary Budget as it related to the Solid Waste Department, Electric Department, Water Department, and Sewer Department and explained that proprietary budgets were for Enterprise activities whose appropriations are dependent on customer demand. Kay Collins, 1003 West I Page 2, City Council Regular Meeting, August 24, 1998 Louise, spoke on the budget amendment process. Glendale Reiss, 910 North Boggs, questioned the plans for a new power plant. Dale Iman, City Administrator, stated that additional power capacity would be required by 2004. No additional public testimony was heard. Public Hearing: on Proposed 1998-1999 City Single Budget. Chuck Haase, Finance Director, reported that State law required a public hearing on the proposed City Single Budget. Kay Collins, 1003 West Louise, spoke on the budget. Lewis Kent, 624 East Meves, spoke on reducing taxes and questioned why Lincoln's budget was less than Grand Island. Mr. Haase responded that it was difficult to compare the two budgets inasmuch as different programs and services were provided by each, in particular the utility service. Councilmember Seifert requested Gary Mader, Utilities Director, provide information on the cost to transport coal to operate the power plant. Mr. Mader responded that the annual fee for fuel was $5-6 million and that the annual cost for freight was $4 Ih to $5 million. Councilmember Seifert stated that the Northwest Neighborhood Association wanted to express concern about the extension of Independence A venue and the delay of the Shoemaker Hike/Bike Trail until Independence A venue was constructed. Mr. Iman responded that if Independence A venue were extended it would be completed as an assessment project and the Shoemaker Hike/Bike Trail would be contingent upon grant funding. No additional public testimony was heard. I ORDINANCES: #8396 - Consideration of Annexation of Property In the Platte Valley Industrial Park. City Administrator Dale Iman reported that the City Council at the July 28, 1998 meeting, had adopted the annexation plan for the Platte Valley Industrial Park and explained that the ordinance was being presented on its second of three readings. Motion by Murray, second by Mehring to adopt #8396 on its second reading. Gary Hedman, 3556 Schroeder Avenue, representing the Southern Nebraska Rural Public Power District Board stated that the board believed this annexation to be a strip annexation and voiced opposition. Councilmember Mehring questioned City Attorney Charlie Cuypers on his position. Mr. Cuypers responded that he had reviewed the statutes quoted and that he stood by his earlier opinion. Mr. Cuypers suggested that the staff, Mayor and interested Councilmembers attend Southern's next meeting. Roll call vote was taken on the motion to approve. Upon roll call vote, Mehring, Whitesides, Murray, Samuelson, Lueth, Sorensen, Preisendorf, and Hosier voted aye. Seifert and Pielstick voted nay. Motion 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: #8400 - Consideration of Amendments to City Code Relative to Housekeeping Issues. I 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. Second by Councilmember Preisendorf. Upon roll call vote, motion was adopted unanimously. I I I Page 3, City Council Regular Meeting, August 24, 1998 Councilmember Mehring questioned the change relative to reservations for park use. Charlie Cuypers, City Attorney responded that these requests were now handled administratively. Clerk: Ordinance #8400 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, Hosier, Seifert, Preisendorf, Whitesides, Lueth, Murray, Samuelson, and Sorensen voted aye. Mehring voted nay. Motion adopted. Clerk: Ordinance #8400 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, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Lueth, Murray, Samuelson, and Sorensen voted aye. Mehring voted nay. Motion adopted. Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinance #8400 is declared to be lawfully passed and adopted upon publication as required by law. CONSENT AGENDA: Motion by Samuelson, second by Sorensen, carried unanimously to approve the Consent Agenda, minus item G2a. Approving Minutes of August 10, 1998 City Council Regular Meeting and August 17 , 1998 City Council Study Session. Councilmember Pielstick abstained from voting on the minutes of the August 17, 1998 City Council Study Session as she was absent. Approving Request of St. Francis Medical Center. 2620 West Faidley Avenue, for a License Agreement for Installation of Canopy to Cover the Sidewalk. Approving Request of Elmer and Norma Jean Mettenbrink for License Agreement to Provide for the Continued Placement of a Garage Over a Sanitary Sewer Easement at 535 East Capital A venue. #98-211 - Approving Agreement for Provision of Sanitary Sewer Service to Lot 1. Hick's Subdivision Relative to Expansion of Contract. #98-212 - Awarding Bid for Sidewalk District #1. 1998 to Galvan Construction, Grand Island, Nebraska, in the Amount of $34,144. #98-213 - Awarding Bid for 1998 Compact Pickup truck to Roe Buick, Grand Island, Nebraska, in the Amount of $11,345 after Trade In. Denial of Request of Marsha L. Alvarez-Jaquez, 322 East 8th Street. for Liquor Manager Designation - Kum & Go #340 and Kum & Go #339. Councilmember Pielstick moved to return the application to the applicant inasmuch as the application was incomplete. Second by Seifert. Discussion was held relative to the role of the City Council in the approval of liquor manager requests. Councilmembers Pielstick and Seifert withdrew their motion. Motion by Pielstick, second by Seifert, carried unanimously to deny the request of Marsha L. Alvarez- Jaquez for Liquor Manager Designation. I I I Page 4, City Council Regular Meeting, August 24, 1998 REQUESTS AND REFERRALS: Approving Reconsideration of Request of Principal Financial Group, 2800 West State Street. for Amendment to Previously Adopted Conditional Use Permit Relative to Construction of Additional Parking to Allow Placement of Fence in Lieu of Berm. Motion by Mehring, second by Preisendorf, carried unanimously to reconsider the request of Principal Financial Group for an amendment to the Conditional Use Permit. Approving Request of Principal Financial Group Relative to Amendment to Conditional Use Permit to Provide for Placement of Fence in Lieu of Berm. Motion by Mehring, second by Preisendorf to approve the request of Principal Financial Group for an amendment to the Conditional Use Permit. Councilmember Lueth requested that the motion be amended to include "as per drawing submitted" that was the result of agreement between Principal Financial and the neighbors. The amendment to the motion was accepted. Rod Carstens, 33104 Briarwood Boulevard, thanked the City Council and the neighbors for revisiting the issue. Bob Thomas, #12 Via Como, spoke on the issue. Councilmember Whitesides questioned the cost of the fence. Mr. Carstens reported it was approximately $30,000, including landscaping. Councilmembers Mehring and Lueth complimented the neighbors and Principal for coming up with a workable solution. James Olson, 1904 North Sheridan, spoke in support of a berm. Roll call vote was taken on the motion to approve the amendment. Upon roll call vote, motion was adopted unanimously. Approving Request of Anastacio Jacobo, 410 East 4th Street. for Variance to Driveway Regulations To Allow for Placement of a Driveway 53' from the Corner Instead of Standard 75'. Motion by Sorensen, second by Seifert to approve. Upon roll call vote, Councilmembers Mehring, Hosier, Seifert, Preisendorf, Whitesides, Lueth, Murray, Samuelson and Sorensen voted aye. Councilmember Pielstick voted nay, citing concerns with traffic issues on Oak Street. Motion was adopted. Approving Request of Arnold Wenn, 1024 East 4th Street. for Variance to Driveway Regulations to Allow for Placement of 22' from the corner of 4th Street and Lambert Street on 4th Street and 42' from the corner of 4th Street and Lambert Street on Lambert Street. Motion by Sorensen, second by Seifert to approve. Upon roll vote, Councilmembers Mehring, Hosier, Seifert, Preisendorf, Whitesides, Lueth, Murray, Samuelson, and Sorensen voted aye. Councilmember Pielstick voted nay. Motion adopted. RESOLUTIONS: #98-214 - Approving: Authorization for Condemnation of Easements for South Locust Street Drainage. Wayne Bennett, Public Works Director, reported that the Public Works Department had determined the need to acquire easements to provide for the drainage of the portion of South Locust from Highway 34 to the south City limits and that the City had been in negotiation with the owners of the property since April, 1998, but had not yet reached a settlement based on the fair market value. It was noted that an appraisal had been conducted by a certified appraiser and that acquisition of the drainage easements at this time was essential to meet the State's deadlines relative to advertisement of bids for construction of the project. Mr. Bennett added that inasmuch as a voluntary acquisition was not possible, it was I I I Page 5, City Council Regular Meeting, August 24, 1998 recommended that the City obtain the property through condemnation proceedings. Motion by Sorensen, second by Samuelson, carried unanimously to approve. Don Roush, 2915 South Locust Street, James Hatch, 360 Midaro Drive, Don Razey, 520 Midaro Drive, Jerry Miller, 2915 Midaro Drive, Gary Williams, Midaro Drive, voiced concern that the property owners were not contacted about this action and asked that the Council take more time in studying the issue. Charlie Cuypers, City Attorney, reported that the City would begin negotiations in house in order to discuss various issues and that this action would not signal the end of discussions but would allow the staff to proceed with imminent domain. Mr. Bennett added that if the issue did go to condemnation, the Board of Appraisers would make the final decision, not the City. Councilmember Lueth asked that the property owners be notified of the plans. Councilmember Pielstick asked that a meeting be held with the property owners. Councilmember Lueth agreed and requested that a copy of the letter to the property owners be provided to the City Council. #98-215 - Approving: Determination of Final Allocation of Levy Authoritv for Community Redevelopment Authority. Michael Johnson, chair of the Community Redevelopment Authority, reported that in June, 1994, the City of Grand Island adopted Ordinance #8021 which provided for the creation of the Community Redevelopment Authority whose purpose was to reduce and prevent blight, assist and enable economic growth, increase property value, improve public infrastructure and improve social and economic conditions in an area which had been determined to meet the conditions of blighted and substandard as determined by State Statutes. Mr. Johnson noted that the Community Redevelopment Authority was authorized by State Statutes to levy a tax to provide for these efforts and that LB #306 changed the process in which the Authority's budget was authorized. It was noted that the process involved the Authority's approval of a Resolution recommending its budget amount to the Council as a preliminary request for levy allocation; and Council approval of a resolution authorizing the mill levy and corresponding budget request as approved by the Authority. Mr. Johnson added that the Community Redevelopment Authority had submitted a preliminary request for levy allocation of $317,350, or 2.216C per $100 assessed valuation which was below the limit of 2.6C established by State Statutes. Motion by Murray, second by Preisendorf to approve. Glendale Reiss, 910 North Boggs, questioned the purpose of the CRA. Councilmember Mehring stated that the CRA' s levy was added onto the City's levy. Discussion was held on the lawsuit pending in Hastings. Councilmember Mehring questioned why expenses such as legal services had increased so dramatically. Dale Iman, City Administrator, reported that the allocation is provided in the event the services are needed and stated that if the CRA did in fact expend all budgeted authority, it would mean that there was a significant amount of development occurring in the City. Upon roll call vote to approve, motion was adopted unanimously. PAYMENT OF CLAIMS: Motion by Samuelson, second by Mehring, carried unanimously to approve the Claims for the period of August 11, 1998 through August 24, 1998, claim #62629, #65281, #66914, #67382, and #67711 through #68215. Councilmember Preisendorf abstained from voting on Claim #067905. BUDGET WORK SESSION: Councilmember Sorensen voiced concerns about the lighting on Sixth Street from Pine Street east and also storm sewer drainage problems from 5th Street to 17th Street. I I I A break was taken from 8:40 p.m. to 8:50 p.m. City Administrator Dale Iman provided review of budget highlights and noted the increase in funds for public safety and a continuation of reduction in property tax asking. Councilmember Mehring noted that the tax rate had gone down but spending had gone up. Councilmember Murray raised the issue of state aid and state equalization. Mr. Iman noted that we had been penalized by reduced state aid because we had lowered the tax rate. Chuck Haase, Finance Director, reported that a loss of state aid was shown because there were zero actual net collections from state aid. Councilmember Murray questioned the health insurance and general pension increases. Mr. Iman responded that the increase was $228,000 in health insurance alone and that pension was tied directly to salary. Councilmember Mehring questioned the number of full time employees. Councilmember Lueth questioned the school resource officers included on the grant funding section and not on the Police Department section. It was noted that the school resource officers had been moved from the Police Department to the Police Grants fund inasmuch as the salary funding was included on the grant funding segment. Discussion was held on the use of keno funds for operation expenses, citing concerns that if the keno funds were reduced operating would be impacted. City Administrator Dale Iman reviewed the budgets for the City Administrator and Economic Development. Councilmember Lueth noted that the Economic Development had not been decreased by 5 % . Councilmember Mehring placed dues and subscriptions in the Administrator' s budget on the hit list. Councilmember Seifert placed travel and training in the Administrator's budget on the hit list. Councilmember Lueth placed Economic Development on the hit list. Discussion was held on the Code Compliance line item of mowing. It was determined that mowing and demolition costs should be separated. Adjournment: The meeting was adjourned at 10:06 p.m. Respectfully submitted, (1d _ K r!fl,>hVYi(jVVY' Cindy K. ;,g~rt~ri~t City Clerk I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL SPECIAL STUDY SESSION (BUDGET WORK SESSION) August 25, 1998 Pursuant to due call and notice thereof, a Special Study Session (Budget Work Session) 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 15, 1998. Mayor Gnadt called the meeting to order at 5:30 p.m. The following members were present: Mayor Gnadt, Councilmembers Mehring, Pielstick, Hosier, Seifert, Preisendorf, Lueth, Samuelson, Murray, Whitesides, and Sorensen were present. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, and Finance Director Chuck Haase. I Mayor Gnadt reviewed the highlights of the Proposed Budget, emphasizing the increased funding for Public Safety, and quality of life projects. Mayor Gnadt stressed the reduction in tax asking for the sixth straight year and the City's receipt of an unqualified opinion for the third straight year. Chuck Haase noted that the receipt of an unqualified opinion allowed the City to receive better rates when bonding. Dale Iman, City Administrator, reported that the hit and wish list would again be used to review the budget and indicate the issues Council was interested in discussing further. Mr. Iman noted that at last night's budget work session, reductions in travel and training, and dues and subscriptions in the City Administrator's budget were placed on the hit list as well as a reduction in the Economic Development funds. Chuck Haase, Finance Director, reviewed the answers to questions raised at last night's meeting, including the amount of outstanding debt - $9.7 million for the Utility Department, $3.8 for Solid Waste Department, $4.5 for Water Department, and $15 million for Wastewater Treatment Plant. Councilmember Sorensen suggested that a full page advertisement be considered to fully explain the City's budget. Councilmember Mehring questioned if Lincoln Electric was separate from the City. Mayor Gnadt responded that it was. I Legislative/Mavor's Office. Dale Iman, City Administrator, reported on the budgets for the Legislative and Mayor's Office and noted that the Mayor's Office budget was able to be reduced by 12%. Councilmember Seifert questioned the printing and binding line item and asked what was included in the line item. Dale Iman, City Administrator, responded that the dollars represent either leased costs or a proportion of the paper, materials of the copy machine and also some individual printing for various uses. Councilmember Seifert questioned the travel and training line item and noted it was significantly less proportionately than the travel and training for the City Administrator's budget. Councilmember Pielstick questioned the Other Professional and Technical line I Page 2, City Council Special Study Session, August 25, 1998 item. Mr. Iman responded that could be used for a speaker at a Retreat and that the Council's Travel and Training line item was based on the responses submitted by Council when questioned on what conferences they wished to attend. Councilmember Mehring questioned the Other Expenditures line item of $100. Councilmember Lueth questioned the registration for the December Conference prior to the election results. I Steve Fosselman presented the budget for the Edith Abbott Memorial Library. Mr. Fosselman noted that the personnel budget remained budgeted at 17.085 for the last several years and that no new requests had been made this year and that the bottom line for the Library reflected the requirement to reduce operating expenses. Mr. Fosselman indicated that several line items had been reduced to help the bottom line and that most line items remained the same as last year. Councilmember Seifert questioned the automated enhancement project. Mr. Fosselman noted that it was hoped that personal computer replacements and the upgrade planned for next year would allow the personal computers to work in an updated forum. Councilmember Seifert added to the wish list increased funding for audio visual materials, books, and electronic media to reflect the cost of living increases. City Administrator noted that there were additional funds budgeted for electronic media than had been in the budget in year's past. Councilmember Mehring questioned salary, and health insurance increases as well as the general pension fund increases. Mr. F osselman explained the pension program for the Library. Councilmember Murray questioned the decrease in the natural gas expense reduction. Mr. Fosselman explained that by moving toward a more automated system over the course of the last few years the Library had been able to reduce its expenses in this area. Councilmember Preisendorf questioned the cuts on repair and maintenance on the building and asked if there would be any additions to the building. Mr. Fosselman noted that if maintenance was put on hold for one year it would be acceptable but it was anticipated that there would need to be maintenance funding in the future years' budgets. Dale Iman, City Administrator, stated that a general policy had been followed in the creation of this budget as it related to maintenance needs. Mr. Iman noted that operating and maintenance was reduced but capital improvements were increased although it was believed that it was not a good idea to use fund balance for ongoing maintenance. Councilmember Pielstick questioned the administrative services - pension deletion. Mr. F osselman noted that the expenses would not be paid out of a separate fund but out of the general pension fund. Councilmember Preisendorf asked that $5,000 be added to Library maintenance. I Charlie Cuypers, City Attorney, reviewed the budgets for the Legal and Purchasing functions for the City of Grand Island. Mr. Cuypers noted that the budgets were identical to those from last year with very minor changes. Mr. Cuypers noted that court costs had been projected for 1997-1998 at $1,500 but anticipated increased costs to $5,000. Councilmember Seifert requested that Mr. Cuypers review the distribution of court costs. Mr. Cuypers noted that the City did not receive the entire fees but that some went to the school system. Discussion was held on the funding for the Juvenile Alternative Sentencing Program. Councilmember Pielstick questioned whether the time saved by the I Page 3, City Council Special Study Session, August 25, 1998 City Attorney's office was worth the funding. Mr. Cuypers responded that it did not save time in the City Attorney's Office but that it was the right thing to do for first time offenders with a minor offense. Councilmembers Sorensen and Pielstick spoke in support of JASP. Betty Curtis, JASP Director, stated that the program had less than 5% repeat youth and that it prevented the youth from being placed in the judicial system. Ms. Curtis explained the fees and income in response to questions by Councilmember Mehring. Councilmember Pielstick added to the wish list adding an additional $2,000 to the JASP budget. Chuck Haase, Finance Director, presented the budgets for the Finance Department. Discussion was held on the fees charged to the school. It was recommended that the fee charged to the school system be increased. Councilmember Preisendorf questioned the credenza expense of $1,000. Councilmember Mehring questioned why the City did not charge the CRA. Mr. Haase noted that the City Treasurer was the Treasurer for the CRA by statute and that it was probably appropriate for that service to be provided. I Chuck Haase, Finance Director, reported on the 150 - Non Departmental Budgets. Betty Curtis spoke on her request for $7,500 in addition to the $15,000 received from the Solid Waste Department. Ms. Curtis noted that the amount of funding had decreased significantly due to lack of grant funding available. Ms. Curtis reviewed the success of the hazardous household waste day. Councilmember Seifert spoke on the lack of operating funding and asked that $7,500 be placed on the wish list to provide for JASP and other projects. Councilmember Lueth noted that we had asked the agencies to decease their asking by 5%. I Dr. Mike Nance, Grand Isle Heritage Zoo, explained that the Zoo had been receiving $100,000, a decrease of 5% and had asked that the City take over personnel costs in lieu of the $100,000. Councilmember Mehring questioned whether the mobile unit was beneficial. Dr. Nance stated that the mobile zoo was very beneficial as it educated many and encouraged them to attend the zoo. Councilmember Mehring questioned the methods of marketing. Dr. Nance stated that most of the things that had been put in place by other directors would be considered but that mainly involved local advertising and brochures that were placed along the interstate. Councilmember Mehring questioned whether the Convention and Visitors Bureau assisted the Zoo. Dr. Nance stated that they had been extremely beneficial to date and were planning to combine efforts to make Grand Island a destination point. Councilmember Mehring questioned what was being done relative to endowments, donations and other fund raising activities. Dr. Nance reported that endowments were received but that the funds were minimal inasmuch as most funding was used for day to day operations and that a Master Plan was in the process of being developed to determine what the citizens interests were and that once the Master Plan was developed fund raising could become more aggressive. Discussion was held on the cost to connect the Zoo to the sanitary sewer systems. Councilmember Mehring asked that funding be increased to provide for appropriate sewer services, maintenance of the I Page 4, City Council Special Study Session, August 25, 1998 house, and maintenance of the facility. Discussion was held on the need to maintain the Stolley House and an increase of $17,000 was placed on the wish list. Jim Truell, representing the Central Nebraska Humane Society, spoke on the services provided by the Humane Society and noted that after discussions with the City, an agreement had been reached on the amount of funding available as included in the proposed budget. Break taken at 7:35 p.m. Meeting resumed at 7:45 p.m. Discussion was held on the proposed budget for the Humane Society. Councilmember Sorensen spoke in support. Councilmember Pielstick questioned whether the County would be charged. Mr. Truell stated that the County was charged $27 per call and that the fee was being negotiated. Councilmember Mehring questioned the reduction in donations received. Mr. Truell noted that several individuals provided funds through estate planning. I Laurie Shultis presented information on the Crisis Center budget request and asked for increased funding. Councilmember Murray asked that $510 be added to the wish list to bring the Crisis Center funding up to last year's level. Councilmember Pielstick asked if the County would consider increasing their funding. Ms. Shultis stated that a campaign had been undertaken to try and increase the funding. Councilmember Lueth asked that all outside funding requests be increased to last year's level if one agency received increases. Susan Haecker, Family Violence Coalition, thanked the Council for including the outside agencies in the budget but expressed disappointment in the reduction in the budgets for the Crisis Center and Family Violence Coalition. Ms. Haecker stated that Grand Island was viewed as a model in addressing violence against women and children and yet the governing bodies were low in their funding. Councilmember Mehring noted that the budgets for non-departmental funds had increased significantly over the lids established by the State. Councilmember Murray asked that an increase be added to the wish !ish to reflect last year's funding level. Carol Roepke, representing the Retired Senior Volunteer Program, spoke on their budget request which included a 5% reduction. Councilmember Whitesides spoke in support of maintaining the level of funding for this agency. I Lois Stienike of Senior Citizens Industry thanked the Council for the opportunity to provide comments on the budget request and stated that they had abided by the request to reduce asking by 5%. Councilmember Mehring praised the organization for abiding by the 5% reduction request and stated that the return to last year's levels should be included on the wish list. I Page 5, City Council Special Study Session, August 25, 1998 Mark Miller of the Capital Heights Swimming Club presented a request for City funding in the amount of $5,000 to address a budgetary deficit and still provide a service to the northwest residents. Councilmember Whitesides spoke on the change of the pool from a private pool to a public pool and the rates charged. Councilmember Mehring voiced concern about adding additional programs when not being able to take care of what we currently have. Councilmember Sorensen asked that funding for Capital Heights Pool be added to the wish list in the amount of $5,000. Councilmember Lueth spoke in support and noted that there had been much development in that area. Councilmember Seifert questioned the plans for a wading pool at George Park. Steve Paustian, Parks and Recreation Director, noted that it had been brought up at one point but had been eliminated due to costs. Mr. Paustian stated that it was appropriate to have a wading pool in that area but until funding was available it was not feasible. I Chuck Haase, Finance Director, reviewed the non-departmental budget. Councilmember Whitesides asked that the $2,500 under Other Computer Supplies be put on the hit list. Councilmember Whitesides questioned the $20,000 for additional work flow solutions. Mr. Haase responded as to the two included in the original contract - purchase order system and budget management system. Discussion was held on the potential for work flow solutions. Councilmember Seifert questioned what the gas tax funds appropriated for snow removal were used for if snow removal was not necessary. Chuck Haase, Finance Director, responded that any remaining funds were returned to the fund balance. Councilmember Pielstick questioned the costs of purchasing photocopier machines versus leasing. Councilmember Lueth questioned why the emergency snow removal funding was not included in the street department budget. Mr. Haase responded that contingency funds were best handled in the non-departmental budget for control purposes and if it was needed in the Street Department it would be transferred. Discussion was held on the funding for the City Entrance Signage. City Administrator Dale Iman responded that ongoing maintenance for the signs was taken from the Parks and Recreation Budget and that no increases had been provided for this. Councilmember Mehring asked that $5,000 be included on the wish list for maintenance of the signs. Councilmember Seifert suggested that all printing and binding costs be included in the non-departmental account. Mr. Iman stated doing so would require additional record keeping to determine who was using the funds. Councilmember Mehring questioned general pension line item. Mr. Haase stated that it was a contingency fund. Councilmember Mehring asked about the collection services line item. Mr. Haase responded that it was the charge by the County to collect taxes. Councilmember Mehring asked that the travel and training funding of $4,500 in in the non.;.departmental budget be included on the hit list. I Finance Director, Chuck Haase, reviewed the non-departmental revenue which totalled $13,650,754. Councilmember Lueth asked that increasing the sale of fixed assets be increased by $10,000. Councilmember Mehring questioned the $52,000 from the Federal Grant. Chuck Haase referred to Howard Maxon. Councilmember Mehring asked that the I Page 6, City Council Special Study Session, August 25, 1998 crossing guard reimbursement be included on the hit list to see if school district would pick up the costs. Discussion was held on the impact of fees on the budget. Mr. Haase reviewed the Special Revenue Fund for the Community Redevelopment Authority, Municipal Infrastructure Redevelopment Funds, Keno Revenue Funds. Councilmember Seifert put on the hit list that keno funds be used for capital improvements only. Dale Iman, City Administrator, explained that the keno funds used for operation of the fire department was actually a reduction in what had been budgeted in year's past. Mayor Gnadt put on the wish list the continuation of policy relative to use of keno funds. Mr. Iman reported that the $250,000 indicated on page 110 was an error that there was actually $300,000 for development of the softball fields and $200,000 for facility development of the Southern Building and additional funds from other sources. Discussion was held on the need to not use keno funds for day to day operations. Councilmember Murray noted that if keno funds were not used, property taxes would have to be increased. Councilmember Mehring stated it was easier to spend the keno money on operations and not have it go against taxes. I Chuck Haase, Finance Director, reported on debt service for Sanitary Improvement District #1 Bond, the 1991 various purpose bond, the 1990 Various Purpose Bonds, 1988 Parking Facilities Bonds, all with no budget. Mr. Haase added that the 1988 Tax Increment Bonds were scheduled to be paid off in November, 1999 and that the Paving District Assessment were used to payoff debt from assessments. ADJOURNMENT: The meeting was adjourned at 9:40 p.m. Respectfully submitted, &41~.1<; &~(j"A- Cindy K. Cartwright City Clerk I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL SPECIAL STUDY SESSION August 26, 1998 Pursuant to due call and notice thereof a Special Study Session 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 16, 1998. Mayor Gnadt called the meeting to order at 5:30 p.m. The following members were present: Mayor Gnadt, Councilmembers Mehring, Pielstick, Seifert, Preisendorf, Whitesides, Lueth, Samuelson, Murray and Sorensen. Councilmember Hosier arrived at 6:40 p.m. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, and Finance Director Chuck Haase. Mayor Gnadt reviewed the City's financial position and noted that there was a lot of expertise involved in the setting of the budget. I City Administrator reviewed the hit/wish list from the previous evening and noted that with all changes there was a net increase of $11,276. Mr. Iman continued by explaining what the taxpayers' received for their City tax bill. Councilmember Preisendorf added to the wish list $5000 for economic development. Mayor Gnadt added to the wish list $20,000 for economic development. Chuck Haase, Finance Director, reviewed the 1997 various purpose bonds, 1999 various purpose bonds - South Locust with an appropriation of a maximum of $811,000, close out of 1998 Historic City Hall bonds, close out of SNPPD Building Renovation bonds, 1993 refunding bonds, 1999 bond anticipation notes (short term financing). Councilmember Mehring questioned the close out of bonds for the SNPPD building. Mr. Haase stated that in last year's budget we had provided for bonds in case the renovation went to a vote of the people and bonds were necessary but because that had not transpired this bond was being closed. City Administrator Dale Iman asked that the description be changed to be even more clear as to the status of the project. Councilmember Murray suggested that having the revenue sources on the same page as the expenditures was more user friendly. Mr. Iman noted that that was done for all but the non-departmental. Mr. Haase noted that in the General Fund the revenues were separate but on the enterprise funds they were on the same page. I Mr. Haase reviewed the internal service funds, including data processing. Discussion was held on the city-wide networking system and where funding was included in the budget. City Administrator Dale Iman noted that the internal service funds represented an increase in the budgets twice, once in the originating department and then in the I Page 2, City Council Special Study Session, August 26, 1998 I departmental budget. Councilmember Mehring questioned when the last new main frame computer had been purchased or leased. Mr. Haase noted that the current computer was five years old and was no longer capable of handling the needs. Review was completed of the general insurance funds, including workers compensation, general government insurance, general government liability, health insurance, life, disability and dental insurance funds for a total operating appropriation of $3.1 million. Councilmember Pielstick questioned why funds had been provided in this account for travel and training, dues and subscriptions, and license and fees. Councilmember Mehring asked that the travel and training in this department be on the hit list in the amount of $3,000. Councilmember Whitesides asked that the life and disability service and contract services under 615 be hit in the amount of $35,000. Councilmember Sorensen suggested that the travel and training for any Finance function be included under Finance. City Administrator Dale lman stressed that by allocating costs to the appropriate service the expenses were easier to track. Councilmember Murray questioned the legal services projected at $40,000. Mr. Haase stated that he would request information from Mr. Cuypers on this issue. Discussion was held on the equipment replacement revolving fund. Councilmember Seifert suggested that if the equipment was not purchased it be put on the hit list in order to avoid taxing people for items that are not used. Mr. Haase explained that this was an accumulation of sales tax for contingency needs. City Administrator lman stated that the concept behind the equipment contingency fund was to put away some funds each year in the event of an emergency purchase of equipment was needed. Councilmember Mehring noted that we had $8 million in reserves and that we could have a maximum of 50% of our operating budget in reserves. Mr. Haase noted that it was anticipated that funds would be built up during good times and utilized during difficult times. Councilmember Pielstick questioned why whenever layoffs were discussed staff always referred to police and fire and not administrative staff. Mr. Haase reviewed the general insurance reserve fund and agency funds, including employee insurance payable funds, savings bonds funds, pension payment funds, police pension funds, fire pension funds. Councilmember Lueth questioned if these funds included the sick leave and vacation leave benefits. Mr. Haase responded no. Councilmember Mehring questioned the lCMA Deferred Compensation Program fund. Mr. Haase noted that the fund was included last year because of the potential that Congress was considering a ruling that would have required 457 deferred compensaton plan contributions to be recorded. Mr. Haase reviewed the employees general pension fund, and the employee benefit trust, as well as the Zoological Trust fund, Library Trust fund, Cemetery Trust fund. Mayor Gnadt questioned if the funds could be handled by the Library Foundation. I Lisa Thayer, Personnel Director, presented the Personnel budget and noted the advertising line item, salaries, materials and testing. Councilmember Seifert questioned what was included in the materials and testing line item. Councilmember Pielstick questioned the line item for dues and subscriptions. Mrs. Thayer noted that many of the subscriptions were for materials used city-wide. I Page 3, City Council Special Study Session, August 26, 1998 Craig Lewis, Building Inspections Director, reported on the Building Inspections Department Budget, City Hall Maintenance, and Backflow Prevention. I Fire Chief Jim Rowell presented the Fire Services Division and noted that equipment had been included for the rescue truck. Councilmember Mehring questioned whether emergency medical technicians were in contact with the hospital and that beyond a certain range they lost that radio contact. Councilmember Mehring asked that cell phones be included on the wish list so that the vehicles was able to remain in contact with the hospital. Chief Rowell noted that two ambulances had cell phones and the hazardous materials vehicles did also. Councilmember Pielstick questioned the physicals/cpr line item. Chief Rowell stated that the physicals were included in the other employee benefits above and that this line item included only the cpr training. Councilmember Murray questioned whether the rescue truck would not be fully equipped. Chief Rowell responded that yes he had all the basics now. Councilmember Murray questioned the increase in the cost of fire trucks proposed versus what was purchased a few years ago. Council member Seifert asked to put a foam projector ($5,000), and automatic hose reel. Councilmember Lueth stated that she was pleased to see that workman's compensation was budgeted significantly less for the upcoming year. Fire Chief Rowell reviewed the emergency medical services budget. City Administrator Dale Iman noted that this budget did not meet the 5% reduction request due to state requirements on general liability insurance. Councilmember Mehring requested that the additional billing clerk be placed on the hit list. Councilmember Mehring questioned the travel and training budget and noted it seemed low. Chief Rowell indicated that Emergency Medical Services conferences were included, as well as computer training. Councilmember Seifert questioned if there was an ambulance at Fire Station 4. Fire Chief Rowell indicated no but that the fire truck crew could provide the paramedic functions until an ambulance arrived. Councilmember Seifert asked that three additional personnel for the fire department be placed on the wish list. Councilmember Pielstick questioned if there were problems hiring staff. Fire Chief Rowell stated they were up within two of full staff and these two people were paramedics. City Administrator Dale Iman suggested that minimum manning requirements be reviewed. Councilmember Samuelson noted that if personnel were added, increases would be made in health, life, disability, and other benefits. Councilmember Seifert questioned the condition of Fire Station #1 and asked how much had been spent in repairs for that building last year. Councilmember Seifert asked to put on the wish list the repair of the roof on Fire Station #1 in the amount of $10,000. Fire Chief Rowell stated that it may be more prudent to replace the building than to make band-aid repairs and that to do so would be approximately $1,000,000. Counci1member Seifert asked to place a new fire station on the wish list in the amount of $1,000,000 and asked that it be placed before the electorate. It was noted that funds would have to be included for the election. I Break was taken at 7:55 p.m. and the meeting resumed at 8:11 p.m. I Page 4, City Council Special Study Session, August 26, 1998 Fire Chief Rowell reviewed the capital equipment requests and the fire donations trust funds. Discussion was held on the dive and rescue team funds. Fire Chief Jim Rowell reported on the success of the hazardous household waste day. I Kyle Hetrick, Police Chief, presented the Police Department's budget and asked that the computer equipment requested be included inasmuch as it would enable police officers to spend more time on the streets. Mr. Hetrick noted the success of the school resource officers program and indicated that two additional school resource officers had been budgeted for in the event that a grant requesting two additional officers was awarded. The Police Chief stated that $215,000 had been allocated to change the uniforms for the Police Department. Councilmember Whitesides questioned the $6,000 for uniforms for the motorcycle police officers. Councilmember Whitesides noted that there were three less officers. Police Chief Hetrick noted that the two school resource officers had been moved to another segment of the budget. Councilmember Mehring questioned the vehicles proposed. Police Chief Hetrick stated that we replaced vehicles every two years and that half were replaced each year. Councilmember Pielstick questioned the medical/physical and vaccines. Chief Hetrick stated that the City had redone their procedure for physicals and that several new employees had been hired this year. Councilmember Pielstick questioned the printing and duplicating expenses. Councilmember Pielstick questioned the travel and training expenses. Police Chief Hetrick responded that most training was done on duty and that many different types of training was required, as well as recertification. Councilmember Seifert asked that two additional officers be added on the wish list. City Administrator Dale Iman noted that the computerized system should free up the officers which might equate to the time on duty of seven officers. Councilmember Lueth noticed that there was a reduction in workman's compensation. Councilmember Mehring questioned the property rental fees. Chief Hetrick responded that the rental fee was for the public safety center. Councilmember Murray questioned the $153,580 line item. Mr. Haase responded that he believed that amount was for new uniforms. Councilmember Mehring questioned the number of criminal investigators. Councilmember Murray spoke in support of the computer systems to be used in the field. I Howard Maxon, Emergency Management Director, reviewed the Emergency Management Department and noted that it was proposed to upgrade and repair some outdoor warning systems, and for a hazard mitigation project. Councilmember Mehring questioned the efficiency of the outdoor warning systems and asked if a better system was available. Mr. Maxon stated that the life on the systems was approximately 40 years and noted that some communities had gone to a more sophisticated system, including weather radios. Councilmember Pielstick questioned the purpose of the Local Emergency Planning Committee. Mr. Maxon indicated that each county was to have a Committee and that some funding from the LEPC had been utilized for the Hazardous Household Waste Day. Mr. Maxon reviewed the Enhanced 911 fund and noted that this function was funded by a 50 cent per month per line telephone surcharge. Mr. Maxon indicated that the budget provided for a computer aided dispatch which would enhance I Page 5, City Council Special Study Session, August 26, 1998 services and would work in harmony with the Police Department's computer system being considered. I Wayne Bennett, Public Works Director, reviewed the budgets for engineering, streets and transportation, gas tax, capital projects, solid waste, wastewater utilities, and central garage. Councilmember Whitesides questioned who did the majority of the printing and duplicating. Councilmember Mehring questioned salaries and benefits, as well as vehicles. Mr. Bennett stated that they tried to replace vehicles every two years. Councilmember Pielstick questioned the rent line item. Mr. Bennett stated it was for rental equipment. Councilmember Sorensen questioned if any provision had been made for the replacement of storm sewers. Mr. Bennett responded that this would be studied and reported back on and that it would be a capital project. Mr. Bennett noted it was quite important to keep up with equipment replacement in the streets and transportation department. Councilmember Mehring questioned the disaster contingency line item. Mr. Bennett explained that it had been moved to the non-departmental budget. Councilmember Mehring voiced concern that if capital improvements were not included regularly there would be a large expenditure at some future time. Councilmember Preisendorf questioned the water level at the underpass. Mr. Bennett stated that the pumping system might be more expensive than construction of a new underpass. Councilmember Murray questioned the decrease in funding for engineering services in the street and transportation department. Councilmember Lueth questioned the storm cell improvements in the amount of $10,000. Councilmember Mehring asked that the $60,000 included for the automated horn system be put on the hit list. Councilmember Lueth questioned the annual sewer system inspection program. Mr. Bennett responded that this was an annual program. Councilmember Lueth questioned the increase on garage material. Councilmember Sorensen praised the Public Works Department's budgets. Councilmember Pielstick asked for two stop signs on Beal Street to be placed on the wish list. Max Stanislav and Marv Webb spoke in support of the Automated Horn Systems for Railroad Crossings and noted that individuals in communities who had automated horn systems were very pleased with the results, citing increased quality of life, reduction in noise pollution, and increased safety. Councilmember Sorensen questioned the cost per unit. It was noted that the cost per unit was $15,000 per crossing. City Administrator noted that he had placed $60,000 in the budget and hoped to get five units for that amount. Councilmember Preisendorf noted that he had several positive comments and calls in support of the project and that even people in the County were interested in the units. City Administrator Iman noted that Burlington Northern had not agreed to participate with the automated horn systems and believed that Oak, Pine, Walnut, Elm, and Broadwell were the most likely locations. Councilmember Whitesides questioned the decible level of the horn system. Mr. Stanislav stated that the levels were higher at the crossing. Councilmember Lueth questioned whether the horns were still in the experimental stage. Mr. Webb stated that the horns had been in place for four years and that independent testing labs had had favorable results but that the Federal Railway Administration had not yet approved the system. I I Page 6, City Council Special Study Session, August 26, 1998 Kay Davis, representing the Northwest Neighborhood Association, requested extension of the school zone on Capital Avenue and Engleman Road, reduction of speed limit on Capital Avenue to 25 miles per hour from at least 100 yards from the school, and installation of a push button light and traffic signal for establishment of a rosswalk at the intersection of Capital A venue and Independence Avenue allowing for crossing of students to and from Engleman and/or Westridge. Mrs. Davis also asked that the road repairs on Manchester be delayed and that funding be provided for the extension of Independence A venue and expressed concerns about the condition of the ditch next to the new culvert. Mrs. Davis asked for funding to replace the lawn on Mansfield and to delete the $300,000 for the hike/bike trail from Shoemaker to Westridge and utilize for construction of Independence Avenue instead or continuation of the hike/bike trail on State Street to Westridge. Councilmember Seifert placed on the wish list the extension of Independence A venue and place the funding for the hike/bike trail on the hit list ($300,000). Louise Miller, 1104 West Charles, spoke in support of better maintenance of streets. Dave Barber, Regional Planning Director, spoke on the proposed budget for the Regional Planning Department and noted that the per capita costs were less than in area communities. Councilmember Mehring questioned the low contract services line item. Mr. Barber responded that the charge was provided for in the Interlocal Agreement. I Bruce Dart, representing the Grand Island/Hall County Health Department Board, spoke on the budget and indicated that an amendment was proposed due to the request by the State to provide child health care. Councilmember Lueth questioned general supplies. Mr. Dart mentioned that funding was needed in case something came up. Councilmember Mehring questioned the number of vehicles and travel and training. Mr. Dart responded that there were four vehicles and that grants require staff attend the National Conferences and other seminars for continuing education requirements. Councilmember Mehring spoke on the responsibilities of the Grand Island/Hall County Health Department versus those conducted by other Health Departments and asked how other departments were providing services with fewer people. Councilmember Preisendorf questioned property rent, facility line item. Mr. Dart responded that WIC paid rent. Councilmember Seifert spoke on the condition of the Health Department. Councilmember Lueth noted that travel and training included an annual National Conference that a board member attended. Councilmember Mehring suggested that there could be savings if the City had its own Health Department and let the County have its own Health Department. Mayor Gnadt noted that the Health Department Relocation Negotiation Committee met and that outsourcing had been looked at in great detail and it had been determined that the most efficient provision of services was being done by the current processes. City Administrator Dale Iman noted that the City was funding $124,000 and that the County was funding the remainder. Councilmember Lueth complimented the Health Department on the progress made over the last few years. I I Page 7, City Council Special Study Session, August 26, 1998 Cindy Cartwright, Public Information and Records Management Director, reported on the budgets for the Public Information function, as well as the GITV budget and the Family Preservation budget. Councilmember Seifert requested an additional $2,500 be included in office supplies and $1,000 for printing and binding. Councilmember Preisendorf requested that $500 be included on the wish list for legal notices. Councilmember Whitesides asked that $1,000 be included for travel and training on the wish list. Councilmember Seifert requested that microphones ($500), playback parts for vcr ($500), editing machine ($15,000-$17,000), vcr to dub $2000, overtime at $5,000, cable ($500), tripod ($300 ) be included on the wish list. Councilmember Samuelson spoke in support of utilization of interns. Councilmember Preisendorf voiced disagreement on the overtime to avoid burn out. Councilmember Seifert agreed with Preisendorf on concerns with overtime. Councilmember Whitesides noted that smaller departments had a difficult time coming up with the 5% reductions. Councilmember Murray requested that the Community Connections be reduced to $10,000. Councilmember Lueth requested that the Consultant line item be reduced from $25,000 to $10,000 and that $15,000 be added to the Programming line item. Councilmember Lueth spoke in support of neighborhood associations but expressed concern about providing funding to the neighborhood associations. Councilmember Mehring put the Community Connection Program on the hit list. Councilmember Lueth spoke in support of taking $5,000 from the Neighborhood Associations line item to the printing and binding. I Councilmember Hosier left the meeting at 10:40 p.m. I Steve Paustian, Parks and Recreation Director, reported on the Parks Department budget and reviewed the additional responsibilities undertaken by the Parks Department and the minimal increases. Councilmember Seifert questioned if restrooms were to be installed by the ball fields. Mr. Paustian stated that was included in the Capital budget. Discussion was held on the need for the Parks Department to remove snow from the parks sidewalks. Councilmember Mehring placed the hikelbike trail on the hit list. Councilmember Pielstick asked that funding be included for grills and a picnic shelter for Lincoln Park. Councilmember Whitesides spoke in support of utilizing the Family Preservation and matching funds for these types of products. Mr. Paustian noted that there were funds provided in the Cemetery budget for black topping. Mr. Paustian noted that a change should be made to the volleyball program to show $16,000 and not $8,000 inasmuch as a final bill had not yet been received by the City. Councilmember Murray asked that the volleyball change be included on the wish list. Councilmember Pielstick asked that funding for Children's Theater, Municipal Band, and Fishing Derby be added to the wish list for levels equal to that of last year. Councilmember Mehring requested that travel and training of $1,230 in the Recreation Division be placed on the hit list. Mayor Gnadt asked that the travel and training of $1,230 be placed on the wish list. Steve Paustian, Parks and Recreation Director, reviewed the aquatics reserve fund and the golf course. Mr. Paustian noted that the golf course was an enterprise fund and that this year's budget included funds to repair and improve the asphalt entry road. Councilmember Whitesides asked that $22,500 for sales tax be added to the wish list. I Page 8, City Council Special Study Session, August 26, 1998 Councilmember Mehring questioned if the golf pro gets a percentage of the beverage and concessions. Mr. Paustian stated that the City had to pay for the beer and the pro paid us back. Mr. Haase added that there was a revenue line item to offset the expenses. Mr. Paustian reviewed the capital improvement projects. Discussion was held on the $300,000 in regards to the softball complex and noted that field work and seeding had been completed and that lighting, restrooms/concession stands and concrete work had not yet been completed. Councilmember Seifert requested that all funding for the Crisis Center be placed on the hit list. Councilmember Mehring requested that funding for the Family Violence be reduced to $2,000. Councilmember Whitesides and Councilmember Murray requested that action on the hit/wish list be delayed until Monday. Adjournment: The meeting was adjourned at 11 :08 p.m. I Respectfully submitted, - (]ul del f\ (!~1J- Cindy K. Cartwright I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL SPECIAL STUDY SESSION August 27, 1998 Pursuant to due call and notice thereof a Special Study Session 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 17, 1998. Mayor Gnadt called the meeting to order at 5:35 p.m. The following members were present: Mayor Gnadt, Councilmembers Mehring, Pielstick, Seifert, Preisendorf, Whitesides, Lueth, Samuelson, Murray, Hosier and Sorensen. The following City Officials were present: City Administrator Dale Iman, Deputy City Clerk Laura Irvine, and Finance Director Chuck Haase. I Community Development Director Jeri Garroutte presented Fund 237 budget. Councilmember Mehring questioned where the funds were held and where administration costs for the grant come from. Mrs. Garroutte explained there were three review teams that evaluate requests before funds were awarded. Mrs. Garroutte presented Fund 240 budget and explained this fund provided down payment assistance for new homes, emergency repair and demolition to property owners by way of deferred payment loans in lieu of granting the money. Mrs. Garroutte presented Fund 253 and explained this was a 1997 grant and would pave streets and install sidewalks in the northwest area. Councilmember Sorensen commented this area of town had the best streets in Grand Island and complimented the Department on their low travel and training line item. Mrs. Garroutte explained that staff must be certified grant administrators, which was renewable every 2 years. Mrs. Garroutte presented Fund 250 and explained this fund includes salaries, postage, legal notices, and all office expenses. I Mayor Gnadt introduced the three students in the audience from Senior High and asked Mrs. Garroutte to give overview of her department. Mrs. Garroutte noted that funds from the Community Development Block Grant fund her department and explained that low to moderate income persons were helped to purchase/renovate homes or make emergency repairs if there was a real imminent threat. Councilmember Sorensen questioned the paving of a particular property that never received a grant. Councilmember Pielstick believed it had been 15 years ago and now they were working on water/sewer. Mrs. Garroutte explained that sometimes paving was not allowed and that sidewalks would be installed for that particular property this year as they do meet requirements. Mayor Gnadt informed Mrs. Garroutte that he believed Nebraska's Governor will have a special announcement in the next couple weeks for her. I Page 2, City Council Special Study Session, August 27, 1998 Gary Mader, Utilities Director, presented Fund 204 and explained that the Electric Utility staff did not recommend a rate increase, pointing out that was 20 years without a rate increase. Mr. Mader added that the City had been working hard to aggressively retire debt for the power plant and that the debt would be fully retired by 2001. Mr. Mader pointed out that the electric utility stood up very well with this summer's high heat and that Grand Island exhibited strong financial margins and provided advantageous rates to its customers. Mr. Mader showed a map of the City's electric system explaining the support of continued growth and noted that there were two major projects - one would be completed next year and had been on the 1996 Council goal. Council questioned the expenditures. Mr. Mader explained that the expense lines parallel federal requirements, that work be charged to a work order or specific projects. Mr. Mader noted that the City would be renegotiating a two year spot coal purchase agreement soon. Councilmember Lueth questioned how the employee benefits dropped $425,715 when every other department has gone up. Accounting Manager Paul Mueller explained it was run through cost system where these costs were charged to the projects they work on. I Council questioned the hazardous materials handling program. Mr. Mader stated there was legislation pending and that discussion in state agencies pending every year so they put money in the budget in anticipation, but it had not been needed to date. Councilmember Mehring commented that Substation ElF are big money items and questioned the status of Pine St redevelopment. Mr. Mader explained that demolition of boiler building was underway, sand fill was placed, and floors would be placed on that - overall 20% complete. Council questioned the status of ash disposal. Mr. Mader stated he was working with NDEQ and may need to upgrade, need to install monitoring wells (under way or under contract now). I Mr. Mader reported that the Utilities Department recommended against a rate increase in the Water Department and that the Department was sustaining operating with current revenue stream and was successful in bringing infrastructure into city limits. Mr. Mader explained reasons for the addition of new personnel in three divisions of the electric utility. Councilmember Lueth questioned the backflow program line item, which was explained as an ongoing program. Councilmember Lueth questioned the vehicle line item. Mr. Mader stated it was a replacement of unit 92, a 1990 service truck with 90,000 miles (responds to water service leaks) and a backhoe. Discussion was held regarding private fire protection. Louise Miller, 1104 West Charles, questioned if there would be power interruption next year with the year 2000. Mr. Mader responded that the City's vendors were looking into it 1) a computer was programmed as 1970 which may never see the year 2000 and 2) another system is a test I Page 3, City Council Special Study Session, August 27, 1998 system that replicates field devices and has run for several months thinking it was year 2000 and has had no problems. Discussion was held regarding the airport annexation. Mr. Mader explained upcoming issues: 1) cooperative agreement with Colorado, Wyoming, and Nebraska which had potential to impact city development of water supply; 2) adjudication of existing groundwater permits; 3) application for surface water recharge right for future well field development; and 4) appeal of the copper rule enforcement. Discussion was held regarding the cooperative agreement and whether or not the City should create a resolution supporting/not supporting. Councilmember Seifert questioned whether or not Shelton had a recharging system and questioned how one might affect the water level. Mr. Mader responded that Shelton did have one and that it was an experimental, demonstration project showing it was rechargeable and that particular project was really small. Mr. Mader stated that he did not believe it would have a major impact on Grand Island. I Mayor Gnadt stated he was working with Kearney and was looking forward to a meeting with NRD to look at three demonstration projects - two in town and another one northeast of Eagle Scout Park. Councilmember Murray attended a copper meeting with Hastings and EPA, and discussion was held on EPA working with the Nebraska Department of Health/Human Services to see if a mutual agreement could be reached. Councilmember Lueth questioned what happened to the fluoride equipment. Mr. Mader responded it was unplugged and remained on site. Dianne Kelley presented Fund 270, which had been in place since 1975 and had paid for bonds, purchased parking lots, maintained and improved parking lot improvements throughout downtown. It was noted that previous increases in budgets carne from city for compensation for % block City Hall is located and the payments were completed in 1997-1998. Mrs. Kelley added that over 200 trees were planted and other landscaping was completed in the downtown. Mrs. Kelley explained that this budget required occupation assessments which were paid by the business owners and that the District had approximately 172 accounts and 24 were exempted due to vacancy, governmental, or church related property. It was noted that the Downtown Improvement Board had developed a five year vision to plant trees and start saving towards funding pedestrian lights. Mrs. Kelley reported that last year's rate was approximately 10 lh cents per square foot and that this year's projections were 9.9 cents per square foot. I Councilmember Mehring commented that all other departments have health insurance and questioned the lack. Mrs. Kelley responded that both employees had sacrificed health benefits at a cost of $13,000 per year in order to offer savings to downtown district so funds can be used. Discussion was held concerning liability insurance. I Page 4, City Council Special Study Session, August 27, 1998 Councilmember Mehring questioned how Parks and Recreation received money for trees and shrubs. Mrs. Kelley responded that she made a mistake talking about what a good deal the grants provided and they got the grant money first. Councilmember Pielstick questioned the purchase of lights. Mrs. Kelley responded that this was Phase 2 of the Downtown Improvement Board goals to provide for historic style pedestrian lights. Councilmember Lueth questioned the contract services. Mrs. Kelley responded this was a wide range of services which included: cleaning parking lots, mowing, trimming trees, watering trees, fertilizing, snow removal, and pest control. Discussion was held regarding the facade program. Mayor Gnadt questioned whether they were going to participate in the Lied Main Street Program Grant application. Mrs. Kelley responded it had begun to take hold and that the City was an associate member. She indicated that at this point it would be necessary to reapply as a Main Street City which required funding for an individual to be the coordinator. I Dianne Kelley presented Fund 271, which was created in 1986 for the purpose of funding a portion of the bonds payments on the construction and maintenance of the parking ramp. The parking ramp and tax increment finance project on the Yancey had stumbling history and the TIF project revenue had not been allocated properly and went three years without tax increment to pay for costs. Mrs. Kelley added that the District was one year away from completing bond payments. Accounting Manager Paul Mueller was to check into the debt payment schedule. Dianne Kelley presented Fund 275 which was created in 1984 to provide for office and staff costs to coordinate activities to maintain and improve the quality of the area. Mrs. Kelley noted that the Business Improvement District and Yancey parking ramp project was a three pronged effort to improve quality of downtown. Discussion was held on the Hastings Business Improvement District lawsuit and the Supreme Court ruling that the district had been improperly created. Mrs. Kelley stated that they are asking for zero assessments in the upcoming year and would continue with projects and improvements and that the City was in the middle of process to ensure the Downtown Improvement Board #2 was properly created. Councilmember Mehring asked if at the end of ten years Business Improvement District #2 would be abolished. Mr. Iman stated that this particular group of projects being funded through this particular assessment would be completed and that a new group of projects would be created thereby starting the process all over. I Mr. Iman presented Fund 400 and explained the figure for the Southern Power building was derived from the feasibility study. It was noted that the Public Works Department had brought forth network high speed fiber optic system which involved joint participation with Hall County, Chamber of Commerce, Economic Development, Phelps Control, Burdick, Garage, Water and Electric office, Library, Hall County administration building and off site locations. I I I Page 5, City Council Special Study Session, August 27, 1998 Mayor Gnadt stated that tomorrow's packet would contain a break down of the hit/wish list and that Monday's meeting would start at 5:30 p.m. Mr. Iman stated a special meeting on Monday would be held to discuss labor negotiation in executive session and the Study Session and budget work shop would start at 6:00 p.m. Discussion was held concerning the procedures to be used to resolve the hit/wish list. Councilmember Pielstick reported that she had received several calls regarding the taping of the budget hearings and felt we made a wise decision to tape them. Discussion was held on the impact of the loss of state aid. Mr. Iman noted that if the property tax levy was below 37 cents, cities would lose $114,000 in state aid and that if it were below 36 cents, cities would lose $228,000. Adjournment: The meeting was adjourned at 7:25 p.m. Respectfully submitted, ~~tIQtUJ ~ffh~vine Deputy City Clerk I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL SPECIAL MEETING August 31, 1998 Mayor Gnadt called the meeting to order at 5:30 p.m. The following members were present: Mayor Gnadt, Councilmembers Mehring, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Lueth, Samuelson, Murray and Sorensen. Motion by Lueth, second by Whitesides, carried unanimously to adjourn to Executive Session to discuss Personnel Issue, Union Negotiations, and Proposed Contract. Adjournment took place at 5:35 p.m. Councilmember Seifert was absent at the time the vote was taken. Motion was adopted. Motion by Lueth, second by Pielstick to return to Regular Session at 6:25 p.m. Upon roll call vote, Mehring, Pielstick, Hosier, Seifert, Preisendorf, Lueth, Murray and Sorensen voted aye. Councilmember Samuelson was absent at the time the vote was taken. Councilmember Whitesides voted nay. Motion adopted. I Review of Proposed 1998-1999 Annual Budget. Mayor Ken Gnadt introduced Mr. Dave Faimon from McDermott and Miller who spoke on the encumbrance system and audit process. Mr. Faimon noted that the encumbrance system was utilized to ensure that expenditures were made in accordance with accepted accounting practices. Mr. Faimon stated that the City needed to have a process that estimated where the expenses were going to fall and then the ability to show where the expenditures were. Mr. Faimon explained the clean or unqualified opinion received by the City. Mayor Gnadt provided information on the building permit history from 1986 to present and noted that infrastructure had been increased to carry building booms into the future. Mayor Gnadt complimented the City Administrator, Finance Department staff and each Department Director for coming forward with a 5% decrease within all departments. City Administrator Dale Iman noted that the information that Council had placed on the hit/wish list was included on tonight's agenda. I Steve Fosselman was present representing the Library. Councilmember Seifert requested that Mr. Fosselman outline budget amounts. Mr. Fosselman noted that $35,000 had historically been budgeted for the automated system, the book amount was what had been requested, and they had requested significantly more funding for electronic media, including audio visual, and $70,000 in building maintenance needs. Councilmember Whitesides moved to support leaving funding at level proposed in budget. Councilmember Mehring questioned whether the proposed building maintenance budget was adequate. Councilmember Mehring questioned if the building maintenance was included in the lid limit. City Administrator Dale Iman responded that the lid applied to I Page 2, City Council Special Meeting, August 31, 1998 revenues. Councilmember Seifert seconded the motion to place the budget at that which was included in the proposed budget. Motion was adopted unanimously with Councilmember Samuelson absent at the time the vote was taken. Councilmember Samuelson returned at 7:05 p.m. City Attorney Charlie Cuypers reviewed the funding for the JASP program. Councilmember Lueth spoke in support of retaining funding at the level proposed in the budget. Councilmember Pielstick spoke in support of funding to $3,000. Motion by Pielstick, second by Sorensen to increase funding to $3,000. Upon roll call vote, Mehring, Pielstick, Hosier, Seifert, Whitesides, Sorensen and Preisendorf voted aye. Lueth, Samuelson and Murray voted nay. Motion adopted. I Parks and Recreation. Councilmember Whitesides requested that action be withheld on the picnic shelter and grill until after the Family Preservation discussion. Motion by Whitesides, second by Murray to delay action until after discussion on Family Preservation. Motion was adopted unanimously. Steve Paustian, Parks and Recreation Director, stated that maintenance funding was necessary to maintain the city entrance signs. Councilmember Whitesides questioned where the funds were coming from at this time to maintain the signs. Councilmember Seifert asked Mr. Paustian to report on the status of the playground equipment, noting that Mr. Paustian had previously stated the need for additional playground equipment. Mr. Paustian stated that the Council had allocated funding for the Parks and Recreation Department in the past few years and that the playgrounds were in better shape. Mr. Paustian spoke on the proposed changes to the budget. Councilmember Sorensen moved to include funding for band, theater, fishing derby, volleyball program ($16,000), travel and training, and Shoemaker Bike Trail be left at proposed funding level. Councilmember Whitesides clarified the funding for the Shoemaker hike/bike trail. Mr. Paustian noted that the project was contingent upon a successful grant application. Second by Seifert. Councilmember Pielstick offered a friendly amendment to support of increasing funding for fishing derby, municipal band, and children's theater to last year's levels. Belinda Wessels, representing Indian Acres Neighborhood Association, spoke in support of the Shoemaker Hike/Bike Trail. Motion was adopted unanimously. Councilmember Whitesides moved to deny the request to increase the budget to maintain the City Entrance signs. Second by Sorensen. Mehring, Pielstick, Hosier, Preisendorf, Whitesides, Lueth, Samuelson, Murray and Sorensen voted aye. Seifert voted nay. Motion adopted. Councilmember Preisendorf spoke on continuation of providing quality service to residents of Grand Island and support for approval of the budget as proposed by the City Administrator. I Councilmember Samuelson spoke in support of funding travel and training. Motion by Sorensen, second by Preisendorf to maintain funding for travel and training. Upon roll I Page 3, City Council Special Meeting, August 31, 1998 call vote, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Lueth, Samuelson, Murray and Sorensen voted aye. Mehring voted nay. Motion adopted. Councilmember Mehring questioned the line item for capital improvements identified as the Beltline. Mr. Paustian noted that there was a typographical error on page 84 and that the projected funding should have been identified as the Beltline and not as the St. Joseph branch. Consensus was to include grant revenues for the Shoemaker Hike/Bike Trail and to include the sales tax issue for the golf course. I Capital Heights Swim Club. Motion by Murray, second by Whitesides to not include funding for the Capital Heights Swim Club. Councilmember Lueth spoke in support of the funding. Bryan Stutuzman, 4220 Vermont Avenue, spoke in support of the funding request. Councilmember Whitesides voiced concern with the timing of the request and spoke on the difference between public and private pools. Councilmember Mehring stated funding this request might be setting a precedent for other pools to request City funding. Councilmember Preisendorf reminded the Council that the City had acquired a racquet center that was not self-supporting. Councilmember Whitesides asked for a business plan, accounting records or other information to assist in consideration. Councilmember Pielstick questioned whether the reduced rate had been looked into. Mr. Stutzman stated that if rates had been reduced the pool would have had to shut down earlier. Councilmember Seifert noted that the request was for short term funding. Mr. Stutzman stated that he did not know if the request would be made again next year. Steve Paustian, Parks and Recreation Director, reported that approving the request of the Capital Heights Swim Club would be a way for the City to provide swimming facilities in the northwest area. Mr. Paustian stated that typically these types of pools are generally not self-sufficient and need subsidizing and that the long range plan should include a full size pool which would cost approximately $750,000. Mr. Paustian stated that a wading pool in that area was also desired. Councilmember Whitesides questioned the life expectancy of the pool. Mr. Paustian stated that Pier Pool had been kept going approximately 50 years but the engineers' estimate would be 25-30 years. Upon roll call vote, Mehring, Pielstick, and Murray voted aye. Seifert, Preisendorf, Hosier, Whitesides, Lueth, Samuelson, and Sorensen voted nay. Motion failed. I Motion by Whitesides, second by Pielstick to fund $2,000 this year. Councilmember Preisendorf offered to donate three phase pumps to the Capital Heights Swim Club, if needed. Councilmember Mehring spoke in support of maintaining existing infrastructure. Councilmember Lueth offered a friendly amendment to increase funding to $3,000. Councilmember Whitesides rejected the friendly amendment. Upon roll call vote, Pielstick, Whitesides, and Murray voted aye. Mehring, Seifert, Hosier, Preisendorf, Lueth, Samuelson, and Sorensen voted nay. Motion failed. I Page 4, City Council Special Meeting, August 31, 1998 Motion by Lueth, second by Seifert to provide funding in the amount of $3,000. Upon roll call vote, Pielstick, Hosier, Seifert, Whitesides, Samuelson, Lueth, Murray and Sorensen voted aye. Mehring, and Preisendorfvoted nay. Motion adopted. I Stollev House. Councilmember Mehring stated that the house was City property and the City either needed to maintain it or tear it down. Councilmember Murray questioned if the City staff had looked at the House. Mr. Paustian stated that Craig Lewis, and the Nebraska Historical Society had looked at the building and that in order for it to be considered a historical building there would be significant costs to bring it up to standards. Councilmember Murray questioned if the house was on the National Register and suggested there might be State funding available to assist. Mr. Paustian responded that it was not on a level that would require complete historical renovation. Councilmember Lueth stated that the House was in poor shape and would require $300,000 - $400,000 to bring it up to complete historic condition but suggested that some of the work could be done by either the residents or by volunteers. Motion by Lueth, second by Samuelson to approve the funding at $15,000. Councilmember Pielstick questioned whether the Foundations had been asked to help preserve the home. Mr. Paustian stated that he was unsure. Councilmember Preisendorf spoke in support of the renovation inasmuch as maintenance of existing facilities was a priority and asked for a friendly amendment to increase to $20,000. Councilmember Lueth declined to accept the friendly amendment. Councilmember Murray suggested that this request be placed on the agenda for a future study session. Councilmember Mehring spoke in support of putting the money in the budget and discussing in more detail later. Councilmember Whitesides noted that cuts could be done on the request to reduce the overall impact. Joe Wicks, 648 East McArthur, president of Grand Island Zoological Society, stated that the zoo director would have sweat equity in maintaining the property but that some work would have to be conducted by professionals. Councilmember Mehring stated that the $17,000 requested did not include electrical, sewer or other high dollar items. Motion by Whitesides to table the request to a Study Session. Councilmember Preisendorf spoke in support of including funding in the budget and discussing in more detail later. Councilmember Whitesides withdrew his motion to table. Upon roll call vote, Pielstick, Whitesides, Lueth, Samuelson, Murray and Sorensen voted aye. Mehring, Hosier, Seifert, and Preisendorfvoted nay. Motion adopted. Michael Nance, zoo director, spoke on the sewer line item and stated that the improvements might not be needed after the master plan was developed. Motion by Whitesides, second by Mehring to exclude the sanitary sewer for the zoo from the budget. Upon roll call vote, motion was adopted unanimously. Councilmember Lueth was out ofthe room at the time the vote was taken. I Non-Departmental. Motion by Preisendorf to include funding for Crisis Center, Family Violence Coalition, RSVP, and Senior Citizens as included in the proposed budget. Councilmember Samuelson seconded the motion. Councilmember Whitesides spoke in opposition to decreasing funding for battered women and children and offered a friendly amendment that the agencies receive funding in the same amount as last year. Councilmember Preisendorf accepted the friendly amendment. Councilmember Seifert I Page 5, City Council Special Meeting, August 31, 1998 spoke in support of funding programs affecting people. Louise Miller, 1104 West Charles, spoke in opposition to funding these agencies. Councilmember Seifert asked that Police Chief Hetrick address the need for the services. Police Chief Hetrick spoke in support of funding for the Crisis Center and Family Violence Coalition. Susan Haeker, Director of the Family Violence Coalition, thanked the Council for their reconsideration. Laurie Shultis, Executive Director of Crisis Center, voiced appreciation for City funding. Lois Stienike, Senior Citizens, thanked the Council for their consideration. Eileen Hansen, 1124 West 10th, spoke in opposition to the funding for Crisis Center and the Family Violence Coalition and for increased funding for the RSVP and Senior Citizens Program. Lisa Katzberg, representing the Heartland United Way, voiced appreciation to the City Council. Upon roll call vote, motion was adopted unanimously. Recess taken at 8:45 p.m. Meeting resumed at 8:52 p.m. I Economic Development Corporation. Councilmember Preisendorf moved to increase the $50,000 proposed funding for Economic Development by $20,000. Councilmember Samuelson seconded the motion. Mayor Gnadt stated that the application required by the State for the correctional facility earlier this year was more detailed than any other application required and added that the process brought attention to the community. The .Mayor noted that additional funding was necessary to continue to be competitive. Councilmember Mehring asked that the community provide inputs to Councilmembers on their interests. Councilmember Murray spoke in support of Economic Development but noted that $20,000 was a significant increase and suggested that he would support an amount less than $20,000. Councilmember Whitesides spoke in opposition to cutting funds that would help bring economic development to the community. Councilmember Seifert spoke in support of funding for economic development to entice business and industry to Grand Island. Councilmember Lueth stated that Grand Island had a low unemployment rate which made it difficult to attract businesses and supported economic development but not at the $20,000 increased level. Andy Baird, president of the Grand Island Area Economic Development Corporation, spoke on the benefits of economic development and the competitive process of encouraging new businesses and retaining existing businesses. Councilmember Seifert spoke in support of retaining existing businesses and asked for information on how businesses were contacted for retention. Mr. Baird stated that the top 75 companies were contacted each year and the EDC would be happy to visit with anyone who wished. Mayor Gnadt stated that the utility rates and quality work force were benefits in retaining businesses. Councilmember Mehring spoke in support of economic development efforts. Tim White, 1709 Rio Grande Circle, and Gary Hedman, 3556 Schroeder Avenue, president of the EDC, spoke in support of increased funding and noted that public power companies in other communities supported economic development at high levels. Upon roll call vote, Hosier, Seifert, Preisendorf and Samuelson voted aye. Mehring, Pielstick, Whitesides, Lueth, Murray, and Sorensen voted nay. Motion failed. I I Page 6, City Council Special Meeting, August 31, 1998 Councilmember Pielstick, second by Sorensen to fund at level of $50,000 in proposed budget. Councilmember Preisendorf requested a friendly amendment to increase funding in the amount of $5,000, which was accepted. Upon roll call vote, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Samuelson, Murray and Sorensen voted aye. Mehring and Lueth voted nay. Motion adopted. Fire Department. Fire Chief Jim Rowell indicated that costs for the foam injector was $7,295 and the hose reel would be $2,995 and that a power takeoff operated generator had been included in the original plans for the truck at a cost of $11 ,495. Councilmember Preisendorf noted that the City had a state of the art rescue truck. Motion by Councilmember Preisendorf to not fund the foam injector and hose reel. Second by Whitesides. Mr. Iman stated that if the Council approved the power take off generator it would result in an increase of $7,295 inasmuch as the budget included $4,200 for a generator. Motion was adopted unanimously. I Councilmember Seifert spoke in support of increasing technology, including computers and cell phones which could reduce the need for the additional personnel. Councilmember Pielstick questioned if it was true that a number of Grand Island firefighters were testing in Lincoln. Fire Chief Jim Rowell stated that if Council was concerned about losing people the two issues needing consideration were salary and residency requirements. Councilmember Seifert asked Fire Chief Jim Rowell to explain the Commission on Industrial Relations and asked what the disparency in wages was between Grand Island and Lincoln. Larry Fox, Assistant Finance Director, reported that the starting wage was $24,000 and Lincoln's starting wage was $36,000. Councilmember Pielstick suggested discussing the need for firefighters and emergency medical technicians at a Study Session. Councilmember Lueth suggested that the need for a replacement fire station #1 be discussed at a future Study Session. Fire Chief Jim Rowell suggested that the former Southern Building could be utilized as a headquarter fire station, replacing fire station #1. Councilmember Mehring questioned what the move would do to response time. The Fire Chief noted that that a plan would have to be put together to address the response time. Councilmember Preisendorf noted that fire station #1 was a non-functional building and suggested that major improvements not be undertaken. Councilmember Pielstick spoke in opposition to relocating Fire Station #1 to the Southern building. I Fire Chief Jim Rowell stated that the cost to include cellular telephones in all engine companies and officers' cars and ambulances would be $3,876 and $663 for phones for a total of $4,539. Councilmember Mehring spoke in support of putting cell phones in ambulances. Councilmember Whitesides (6) moved to place cell phones in ambulances only. Fire Chief Rowell stated that this would be six additional telephones. Councilmember Seifert seconded the motion to place cell phones in the ambulances. Councilmember Lueth made a friendly amendment to place phones in officers' cars (5) also. Friendly amendment accepted by Councilmember Whitesides and Seifert. Lewis I Page 7, City Council Special Meeting, August 31, 1998 Kent, 624 East Meves, spoke in support of placing telephones on the fire trucks also. Upon roll call vote, Hosier, Seifert, Whitesides and Lueth voted aye. Pielstick, Mehring, Samuelson, Preisendorf, Murray, and Sorensen voted nay. Motion failed. Motion by Whitesides, second by Pielstick to place cell phones in ambulances only (6). Motion was adopted unanimously. Fire Chief Jim Rowell explained the senior accounting clerk function. Councilmember Mehring questioned the inclusion of the position in the budget. Dale Iman, City Administrator, responded that if the funds were removed for the accounting clerk that some provision was needed to provide for the outsourcing. Motion by Preisendorf, second by Samuelson to include funding for the senior accounting clerk for the Fire Department in the budget. Councilmember Lueth questioned why funding could not be shifted back if the requests for proposals came in low and we ended up outsourcing. Councilmember Lueth recommended putting $20,000 in the budget for the potential outsourcing. Councilmember Whitesides requested that no senior accounting clerk be promoted to this position until after the requests for proposals were received. Upon roll call vote, Seifert, Preisendorf, Samuelson and Murray voted aye. Pielstick, Mehring, Hosier, Whitesides, Sorensen, Lueth voted nay. Motion failed. I Motion by Lueth, second by Mehring to include $20,000 in budget for potential outsourcing for this service. Fire Chief Jim Rowell reviewed the revenues received to date on ambulance billing. Councilmember Preisendorf voiced concern about having sufficient funds to provide for provision of this service. City Administrator Dale Iman stated that the senior accounting clerk would be hired in at a lower level. Roll call vote was taken on the motion. Mehring, Pielstick, Seifert, Whitesides, Lueth, Sorensen, Murray, and Hosier voted aye. Preisendorf and Samuelson voted nay. Motion adopted. No action was taken on the ambulance revenues issue. Police Chief Kyle Hetrick stated that the Police Department's budget did not reflect an increase in personnel but also did not reflect a decrease in the operating budget but added that next year he would plan to ask the City Council for additional personnel. Councilmember Preisendorf mentioned that the increased technology should provide greater efficiencies. Police Chief Hetrick noted that technology improvements would take one year to have up and running and another year to train people. Councilmember Whitesides recommended including two people in the budget in the event the grant is not approved. Meeting was recessed at 10:24 p.m. until 6 p.m. Tuesday evening. I I Page 8, City Council Special Meeting, August 31, 1998 Mayor Gnadt resumed the meeting at 6:00 p.m. The following members were present: Councilmembers Mehring, Pielstick, Hosier, Seifert, Whitesides, Lueth, Samuelson, Murray, and Sorensen. Councilmember Preisendorf was absent. City Administrator Dale Iman reviewed the actions taken by City Council to date. Mr. Iman noted that there was at this time a $25,762 increase from the proposed budget. Councilmember Murray questioned the funding for the baseball program as it had not been discussed last evening. Councilmember Sorensen questioned if the baseball was self supporting. Larry Fox, Assistant Finance Director, indicated it was not. The consensus of the Council was to delete the increase for baseball. I Independence Avenue. Councilmember Seifert spoke in support of extending Independence Avenue at the request of members of the Northwest Neighborhood Association. Dale Iman, City Administrator, reported that the Westridge Area Street Master Plan Committee had been appointed by the Council but that the Committee had not yet met. Councilmember Whitesides noted that the Committee had been established in June but that no meeting had yet been set so it was important to include funding in the budget in the event that the Committee supported the extension. Councilmember Mehring questioned if the project would be an assessment district. Mr. Iman stated that there would be a significant impact on the budget inasmuch as there was much City property along the planned extension and the City did not take a position on assessment districts. Councilmember Seifert stated that this might not be an assessment district inasmuch as the adjacent property owners would not be receiving the benefits as much as the entire community. Councilmember Seifert added that the costs would be about $500,000 for street and gutter. Mr. Iman stated that the projected cost was $880,000 for acquisition of property and construction. Councilmember Murray noted that funding had been included in the capital projects fund in the amount of $500,000. Councilmember Pielstick stated that funding was included for the Platte Valley Industrial Park. Councilmember Whitesides stated that if there was $500,000 for unknown projects he would like to see it allocated to that area. Motion by Whitesides, second by Pielstick to include $500,000 for the Independence Avenue project. Councilmember Murray stated that since a Committee had been established to study the issue there was not any urgency to specifically identify it as such. City Administrator Dale Iman responded that the time frame for construction was such that the $500,000 in the budget could cover costs that would be incurred over the course of the next year and that the remainder would be in next year's budget year. Mike Yost, representing the Northwest Neighborhood Association, spoke in support of starting the project and distributed a proposed drawing. Councilmember Whitesides noted that if other requests came in there might not be funding available. City Administrator Dale Iman stated that there was over $6 million available in that general category. Councilmember Murray added that the Council would review each petition for creation and that if more than one request came in the Council could table it pending the potential request by the Westridge Middle School Area Master Plan. Councilmember Murray stated that the City had not looked into this issue in detail and that more discussion could come during a Study Session. Mayor Gnadt spoke in I I Page 9, City Council Special Meeting, August 31, 1998 I support of waiting for a decision by the Committee. Councilmember Murray recommended that the budget line item be increased to $1 million to provide for possible construction. Councilmember Whitesides stated that as long as the funds were included in the budget there was less need to identify it specifically. Councilmember Lueth stated that the Committee was meeting on September 9 and that the budget was not set for adoption until September 14 and changes could be made at that time, after a recommendation from the Committee. Councilmember Seifert stressed the need to include the funding as a separate line item. Councilmember Pielstick offered a friendly amendment to identify the line item as the Northwest Street Project instead of Independence Avenue to provide for any possible action. Councilmember Whitesides denied the friendly amendment. Larry Fox noted that the paving petition projects were bonded projects and that debt service was identified in conjunction with the capital projects funds. City Administrator Dale Iman reiterated that an increase in the funding for capital projects fund and adjustment to the debt service fund transfers in and out accordingly was necessary. City Administrator Dale Iman suggested that the Council leave the budget amounts as proposed in the budget or at least leave some funding in a special petition program. Councilmember Lueth suggested leaving $200,000 for paving petition and $300,000 for Northwest Street Project. Councilmember Seifert noted that the City was more interested in having Mansfield cut through to 13th Street and not extending Independence A venue due to potential assessments. Mr. Iman stated that the road system in this section of Grand Island had been constructed by the developer as development occurs. Mr. Iman noted that the property in that area was being platted for future development and that development in the near area could occur providing for north/south traffic. Ray Harmon, 3433 Schroeder Avenue, stated that Third City Christian Church had acquired 55 acres and were in the process of planning property layout and that the Church planned to keep the property closest to 13th Street and sell beyond the corner of the holding cell down to the corner adjacent to the farm property. Councilmember Whitesides withdrew his motion to include $500,000 specifically for Independence A venue. Motion by Whitesides to leave budget as stands. Second by Murray. Councilmember Mehring stated he would be abstaining due to potential conflict of interest. Upon roll call vote, Whitesides, Samuelson, Murray and Sorensen voted aye. Pielstick, Hosier, Seifert, and Lueth voted nay. Mehring abstained. Motion failed. Motion by Lueth, second by Seifert to earmark $300,000 for the Northwest Street Project and retain $200,000 in the general category. Councilmember Mehring abstained. Upon roll call vote, Pielstick, Hosier, Seifert, Whitesides, Lueth and Sorensen voted aye. Samuelson and Murray voted nay. Councilmember Mehring abstained due to possible conflict of interest. Motion adopted. I Automated Horn at Railroad Crossings. Councilmember Seifert moved to retain the proposed $60,000 funding. Second by Lueth. Councilmember Lueth questioned the areas that would be included for consideration of the horn system. Councilmember Mehring suggested that the issue be placed on a Study Session agenda for discussion. Councilmember Sorensen agreed. City Administrator Dale Iman reviewed the suggested I Page 10, City Council Special Meeting, August 31, 1998 locations. Councilmember Murray noted that there were businesses as well as residences along the Union Pacific Railroad that would be affected by the system. Mr. Iman noted that the system would be implemented on a gradual basis over the course of the next few years. Mayor Gnadt noted that in order for the system to be most beneficial, several systems needed to be installed in a series. Councilmember Seifert suggested that if the system was approved, it be funded at a level that would make it most efficient. Eileen Hansen, 1124 West 10t\ spoke in opposition. Upon roll call vote, Seifert, Hosier, Whitesides, Lueth, Samuelson and Murray voted aye. Mehring, Pielstick and Sorensen voted nay. Motion adopted. Non departmental. City Administrator Dale Iman noted that there was a typographical error in the sales tax revenue and that the figures could be changed. Election. Mr. Iman suggested that the amount be reduced inasmuch as the Council had voted at last night's session to not look toward an election for fire station # 1. Motion by Lueth, second by Seifert, carried unanimously to include $3,000 in the election fund for the November general election. I Non-Departmental Computer supplies. legal. travel and training. Motion by Mehring, second by Pielstick to fund non-departmental legal services at last year's level -$20,000. Councilmember Seifert questioned why there was a line item in the non-departmental department. Mr. Iman responded that these were city-wide non-departmental costs. Councilmember Pielstick noted that legal services in the City Attorney's office was zero and spoke in support of moving it to the City Attorney's budget. Mr. Iman noted that this would be an issue that the accountants would discuss and that our accountants had determined it should be in a non-departmental account. Larry Fox, Assistant Finance Director, stated that the Finance Department's philosophy was to move funds into the individual budgets and out of the non-departmental budgets. Mayor Gnadt stated that the Council should vote on the dollar amount and let the accountants determine where it should be placed in the budget. Councilmember Mehring voiced agreement. Upon roll call vote, Mehring, Pielstick, Hosier, Seifert, Whitesides, Lueth, Samuelson, and Sorensen voted aye. Murray voted nay. Motion adopted. I Computer Supplies. Councilmember Whitesides questioned what would be included in computer supplies-non departmental. City Administrator Iman responded that networking system contract consisted of contact with Milestone, work flow solutions was to develop programs to facilitate tasks, computer hardware included actual replacement hardware costs. Councilmember Whitesides moved to delete $2,500 on computer supplies in the non-departmental. Councilmember Pielstick seconded the motion. Councilmember Mehring noted that it was projected to spend $7,619 this year and spoke in support of retaining the funding. Councilmember Lueth left the meeting at 7:30 p.m. Mr. Iman noted that computer services was now being centralized by the Data Processing department. Councilmember Pielstick noted that the data processing department had $7,500 for other computer supplies also. Larry Fox, Assistant Finance Director, reported I Page 11, City Council Special Meeting, August 31, 1998 that data processing had their own computer supply needs and that the non departmental account was for city-wide needs. Councilmember Samuelson called the question. Upon roll call vote, Pielstick, Whitesides, Samuelson and Sorensen voted aye. Hosier, Seifert, Mehring and Murray voted nay. Motion failed. Travel and training. Councilmember Seifert moved to retain the travel and training for non-departmental uses. Second by Murray. Councilmember Mehring questioned the use. Larry Fox reported that none had been used to date and that there was no history for it. Upon roll call vote, Hosier, Seifert, Whitesides, Samuelson and Murray voted aye. Mehring, Pielstick, and Sorensen voted nay. Mayor Gnadt cast the deciding vote in support of the travel and training line item. Motion was adopted. Non-departmental travel and training and contract services. Motion by Samuelson, second by Murray to retain the funding for travel and training and contract services. Upon roll call vote, Hosier, Seifert, Whitesides, Samuelson, and Murray voted aye. Mehring, Pielstick and Sorensen voted nay. Mayor Gnadt cast the deciding vote in support of the travel and training and contract services line item.. Motion was adopted. Keno Funds. Motion by Whitesides, second by Samuelson, carried unanimously to retain the keno funding for the fire department. I Citv Administrator Travel and Training and Dues and Subscriptions. Councilmember Seifert questioned the line items. Councilmember Whitesides moved to reduce the dues and subscriptions to $1,148 and reduce travel and training to $3,500. Second by Councilmember Sorensen. City Administrator Dale lman noted that the City Code required that he remain an active member of the ICMA and that he attend professional conferences. Mr. lman stated that dues and subscriptions could be cut $500 and travel and training could be cut $500 with no adverse effects. Councilmember Whitesides moved to amend his motion to reduce dues and scrimptions to $1,500 and reduce travel and training to $4,000. City Administrator Dale lman stated that his contract included agreement to attend National League of Cities Annual Conference and ICMA membership and attendance at conference. Councilmember Seifert stated that he was under the impression that Mr. lman had been hired without a contract. Mayor Gnadt clarified that Mr. lman had been hired with a letter of understanding and that the letter was available for review. Councilmember Mehring questioned the difference between the Council's budget of $9,000 for 10 people and City Administrator's budget of $6,500 for two persons. Upon roll call vote, Mehring, Pielstick, Hosier, Seifert, Whitesides, and Sorensen voted aye. Samuelson and Murray voted nay. Motion adopted to reduce dues and subscriptions to $1,500 and travel and training to $4,000. I School Treasurer Revenue. Motion by Seifert, second by Mehring, carried unanimously to increase school district treasurer fee to $15,000. I Page 12, City Council Special Meeting, August 31, 1998 City Clerk's Budget. Motion by Pielstick to increase office supplies budget to last year's amount ($5,500), printing and binding to $1,700, travel and training to $2,100, and legal notices to $17,000. Second by Mehring. Councilmember Whitesides made a friendly amendment to decrease travel and training to $1,500. Councilmember Pielstick accepted the friendly amendment. Councilmember Whitesides noted that the City Clerk's Office had no capital expenditures and that the work done was associated with providing service. Councilmember Seifert asked that the need for public information be recognized as an important tool. Councilmember Whitesides noted that the City Clerk's budget was primarily operating expenses and not capital improvements. Mr. Iman responded that many administrative budgets had limited capital funds. Upon roll call vote, Mehring, Pielstick, Hosier, Seifert, Whitesides, and Sorensen voted aye. Murray and Samuelson voted nay. GITV. Councilmember Seifert moved to include an increase of $500 for two microphones, $500 for cable, tripods at $300, playback machine at $500 , overtime of $5,000 editing machine at $10,000 and video cassette recorder for dubbing at $2,000. Second by Whitesides. Upon roll call vote, Mehring, Pielstick, Hosier, Seifert, and Whitesides voted aye. Samuelson, Murray and Sorensen voted nay. Motion failed. I Councilmember Seifert requested that the items be taken separately. City Administrator stated that technology was changing rapidly and that Council should consider holding off on purchasing equipment inasmuch as it will be coming down in costs and improving in quality. Councilmember Mehring moved to include the microphones ($500) tripod ($300) and cables ($500). Second by Whitesides. Motion was adopted unanimously. Motion by Murray to delete the digital camera and include the editing machine, vcr and playback machine. After further discussion, Councilmember Murray withdrew his motion. Councilmember Mehring moved that the playback hard drive be placed in the budget. Second by Seifert. Carried unanimously. Motion by Mehring, second by Seifert to include $5,000 for overtime for audio visual technician. Upon roll call vote, Mehring, Pielstick, Hosier, Seifert, Whitesides, and Sorensen voted aye. Samuelson and Murray voted nay. Motion was adopted. Motion by Mehring, second by Seifert to include $10,000 for editing machine. Upon roll call vote, Mehring, Pielstick, Hosier, Seifert and Whitesides voted aye. Samuelson, Murray and Sorensen voted nay. Mayor Gnadt cast a vote in support of including the editing machine. Motion adopted. Motion by Mehring, second by Seifert to approve funding for a dubbing machine. Upon roll call vote, Mehring, Pielstick, Hosier, Seifert, Whitesides, and Sorensen voted aye. Murray and Samuelson voted nay. Motion adopted. I Family Preservation. Motion by Whitesides, second by Murray to fund at $10,000 with $3,000 for publications and printing and $7,000 for matching grant funding to be I Page 13, City Council Special Meeting, August 31, 1998 I available for neighborhood associations. Councilmember Mehring spoke in opposition to funding neighborhood associations without further discussion at a study session and voiced opposition to funding new projects. Councilmember Mehring cautioned the Council that grant money was seed money but could turn into an ongoing funding requirement. Councilmember Pielstick reported that she had been contacted by Mr. Steve Lareck with Nebraska Community Improvement Program out of Lincoln. Mr. Lareck asked to attend the Neighborhood Association Rally and requested that Mrs. Pielstick participate in judging neighborhood association's across the state. Councilmember Pielstick stated that the City had an opportunity to be a leader in neighborhood associations and that the City had tried to fund grills and a picnic shelter for the last five years and funding was never available. Councilmember Pielstick stated that the program would benefit the entire community and if it was not successful the program could be discontinued. Councilmember Whitesides agreed with Councilmember Pielstick and noted that neighborhoods would have an opportunity to take their neighborhoods back, bring back community pride, and involve youth. Councilmember Whitesides added that he was asking for less to fund the entire program than it would cost to finance the covered picnic shelter. Councilmember Whitesides stated that if the program could not be funded with grant funds, it would either end or continue with city funds. Councilmember Mehring stated that people could take pride in their neighborhood without city government's involvement. Upon roll call vote, Pielstick, Hosier, Seifert, Whitesides, Samuelson, Murray and Sorensen voted aye. Mehring voted nay. Motion adopted. Councilmember Sorensen moved to approve the funds as provided in the proposed budget. Councilmember Whitesides seconded the motion. Upon roll call vote, Pielstick, Hosier, Seifert, Whitesides, Samuelson, Murray and Sorensen voted aye. Mehring voted nay. Motion adopted. Councilmember Seifert, second by Whitesides to include funding for programming at $5,000. Upon roll call vote, Pielstick, Hosier, Seifert, Whitesides, Samuelson, Murray and Sorensen voted aye. Mehring voted nay. Motion adopted. Break was taken at 8:40 p.m. Meeting resumed at 8:50 p.m. City Administrator Dale Iman presented the revised hit/wish list and noted that the overall effect was a net increase of $37,147 and the proposed property tax asking (adjusted) to $5,368,741 for a tax levy of $0.374890. Councilmember Mehring requested a photocopy of the new figures. Mr. Iman noted that this figure was less than last year's tax asking of$0.381. Councilmember Mehring asked for community input. I Executive Session. Councilmember Seifert moved to adjourn to executive session to discuss personnel matters at 9:02 p.m. I Page 14, City Council Special Meeting, August 31, 1998 Return to Regular Session. Motion by Pielstick, second by Mehring, carried unanimously to return to Regular Session at 9: 15 p.m. Adjournment. The meeting was adjourned at 9:15 p.m. Respectfully submitted, (In du.1( (}ffifvl/! (/' '\J Cindy K.~artwright City Clerk I I I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING September 14, 1998 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, 1998. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Mehring, Pielstick, Hosier, Preisendorf, Seifert, Whitesides, Lueth, Samuelson, Murray and Sorensen. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, Finance Director Chuck Haase, and Public Works Director Wayne Bennett. PLEDGE OF ALLEGIANCE was said, followed by song by Bear Aguilar. PRESENTATIONS AND PROCLAMATIONS: Yolanda Nuncio and students reported that September, 1998 had been proclaimed as Hispanic Heritage Month. Cindy Cartwright, City Clerk, reported that September, 1998 had been proclaimed as National Alcohol and Drug Addiction Recovery Month. Mayor Gnadt presented certificates of completion to members of the Community Emergency Response Team. PUBLIC HEARINGS: Public Hearing on Request for Change of Land Use Designation. Dave Barber, Regional Planning Director, reported that at the request of the applicant, this item was deferred from the August 10, 1998 City Council Meeting and stated that the property owner had requested additional time. It was noted that the Public Hearing would be continued to October 12, 1998. Public Hearing on Creation of Business Improvement District #2. Dianne Kelley, Downtown Development Director, reported that as discussed at the City Council Study Session of July 20, 1998 and the City Council Meeting of August 10, 1998, the Downtown Business Improvement Board had recommended that the City create Business Improvement District #2, following the processes defined in the Nebraska State Statutes, as did BID #1, and also following the stipulations in a recent judicial ruling relative to a BID in another community. Steve Rasmussen, Downtown Improvement Boardmember reported that on August 10, 1998, Council adopted Resolution #98-210 which established the City's intent to create Business Improvement District #2 and that the boundaries of proposed Business Improvement District #2 were identical to BID # 1, except for the inclusion of a small portion of a lot on the northwest corner of First Street and Walnut Street, and two lots on the southeast corner of 2nd and Eddy Streets, as requested by the City Council. Mr. Rasmussen spoke on the positive benefits of having a Business Improvement District and submitted petitions in support of the district. Carrie I I I Page 2, City Council Regular Meeting, September 14, 1998 Geiger, 920 West Third Street, Ben Wassinger, 2115 Delmar, George Bartenbach, 2703 East Stolley Park Road, Mark Myers, 820 South Harrison, spoke in support of the district. Chuck McCann, Yancey #906, Donna Shehein, 525 Kennedy Drive, Barbara Clinch, 2605 Arrowhead Road, Glendale Reiss, 910 North Boggs, Lynn Bradley, 4928 Ft. Kearney Road, Jim Truell, representing Jerry Nietfeldt, Wayne Marsh, 1721 Idlewood, Carl Mayhew, representing the Liederkranz, Lew Krueger, 213 North Sycamore, and Mike McWilliams, 418 North Cleburn, spoke in opposition. Public Hearing on Establishing Occupation Tax Rate for Downtown Improvement and Parking District #1. Dianne Kelly, 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 1998-1999 was $.0999 per square foot of public use area with a minimum fee of $86.15 annually. No public testimony was heard. Public Hearing on Acquisition of Utility Easement from Blessed Sacrament. 518 West State Street. No public testimony was heard. Public Hearing on Acquisition of Utility Easement from Timm's Subdivision. Lot 1. No public testimony was heard. Public Hearing on Acquisition of Utility Easement North of Old Highway 30 and East of North Road. No public testimony was heard. Public Hearing on Establishing Property Tax Levy Relative to 1998-1999 Annual Budget. Chuck Haase, Finance Director, reported that a Public Hearing was required to set the property tax rates 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, 1998 to September 30, 1999 where the required property tax levy to support the amended budget was .375107 per $100, a 1.3% reduction in the tax levy. Mr. Haase noted that this also established the Parking District #2 (Parking Ramp) property tax rate of .102772 per $100 of valuation, a 4.0% increase from the rate established last year, primarily caused by a decrease in the assessed valuation, and the Community Redevelopment Authority tax rate of .022160 per $100 of valuation which Council approved the CRA's preliminary levy by Resolution #98- 215 on August 24, 1998. Louise Miller, 1104 West Charles, spoke in opposition to budget items not supporting the Constitution. No additional public testimony was heard. ORDINANCES: #8396 - Consideration of Annexation of Property in the Platte Valley Industrial Park. Charlie Cuypers, City Attorney, reported that at the City Council Meeting of August 24, Ordinance #8396, providing for the annexation of property in the Platte Valley Industrial Park area, was adopted on second reading and that State Statutes set forth the requirement that an Ordinance providing for annexation be read by title on three different days. Motion by Murray, second by Mehring to adopt on third reading. Gary Hedman, representing Southern Nebraska Rural Public Power District, suggested that the City Council might want to change the boundaries of the annexation so that it was not a strip annexation. Motion by Seifert, second by Sorensen to I I I Page 3, City Council Regular Meeting, September 14, 1998 table action on the annexation for additional review. Upon roll call vote, Mehring, Pielstick, Seifert, Lueth, Sorensen and Hosier voted aye. Preisendorf, Whitesides, Samuelson and Murray voted nay. Motion adopted. #8402 - Consideration of Creation of Business Improvement District #2. Motion by Sorensen to table for additional discussion. Second by Mehring. Upon roll call vote, Mehring, Seifert, Pielstick, Hosier, Whitesides, Lueth, and Sorensen voted aye. Preisendorf, Samuelson and Murray voted nay. Motion adopted. #8401 - Approving Downtown Improvement and Parking District #1 Occupation Tax. Dianne Kelley, Downtown Development Director, reported that this Ordinance established the annual rate for the occupation tax in the Downtown Improvement and Parking District #1 at the current rate of $.Q999 per square foot of public use space, with a minimum annual tax of $86.15. #8404 - Approving Amendment to City Code, Various Chapters, Relative to Fees. City Attorney Charlie Cuypers reported that on July 27, 1998, by Resolution #98-201, the User Fee Schedule was approved and adopted and that certain fees identified in the User Fee Schedule were referenced in the City Code. It was recommended that the applicable City Code sections be amendeq to reflect the adjustments to the user fees. #8405 - Approving Amendment to City Code, Chapter 18 and 26 Relative to Licensing of Plumbing Apprentices and Gas Fitter Apprentices. Craig Lewis, Building Inspections Director, reported that as presented to the City Council in the August 28, 1998 City Administrator's Weekly Report, the Building Inspection Director was recommending that Chapters 18 and 26 of the City Code be amended relative to requirements for plumbing and gas fitter apprentices. It was noted that the amendment would establish the requirement that all plumbing and gas fitter apprentices engaged under a master plumber or master gas fitter be registered with the Building Department and that the length of time required for journeyman plumbers, and the length of time between examinations. Councilmember Sorensen moved to suspend the statutory rules requiring ordinances to be read by title on three different days and that Ordinances #8401, #8404, and #8405 be considered for adoption on the same day upon reading by number only and that the City Clerk be permitted to call for a roll call vote on each reading and then upon final passage. Second by Councilmember Murray. Upon roll call vote, Seifert, Preisendorf, Whitesides, Lueth, Murray, Samuelson and Sorensen voted aye. Mehring, Pielstick, and Hosier voted nay. Motion failed. Motion by Murray, second by Samuelson to approve Ordinance #8401 on its first reading. Upon roll call vote, Mehring, Pielstick, Hosier, Preisendorf, Whitesides, Lueth, Murray, Samuelson, and Sorensen voted aye. Seifert voted nay. Motion adopted. Motion by Lueth, second by Sorensen to approve Ordinance #8404 on its first reading. Upon roll call vote, motion was adopted unanimously. City Administrator Dale Iman noted that the I I I Page 4, City Council Regular Meeting, September 14, 1998 user fees had been scheduled to go into effect October 1 but that with separate readings this would not happen, resulting in lost revenue. Motion by Samuelson, second by Seifert, carried unanimously to approve Ordinance #8405 on its first reading. #8403 - Consideration of FY 1998-1999 Annual Single City Budget/Municipal Proprietary Budget. the Annual Appropriations Bill. Councilmember Lueth voiced concern with suspending the rules for adoption of the budget in one meeting. Ms. Lueth requested a final budget be available prior to budget adoption and moved to call a special meeting for Wednesday, September 16 and Thursday, September 17 to consider the budget on three separate readings. City Administrator Dale Iman noted that the budget was required to be in Lincoln by September 20 and that final budgets were not prepared until after Council adoption due to changes. Chuck Haase, Finance Director, reported that a final budget would not be available within 24 hours. Councilmember Pielstick stated that she had several concerns with the addendum sheet, noting that many items had not been discussed by the Council. Councilmember Pielstick seconded the motion. Upon roll call vote to call special meetings, Pielstick, Lueth, Sorensen and Hosier voted aye. Mehring, Preisendorf, Seifert, Whitesides, Samuelson, and Murray voted nay. Motion failed. Councilmember Mehring voiced concern with the issue being raised at the last moment. City Attorney Charlie Cuypers stated that suspension of the rules was an option for the Council. City Administrator Iman noted that the budget adoption schedule had been prepared and distributed over 8 months ago. Discussion was held on Councilmember Pielstick's questions. Mr. Haase stated that many of the issues involving the Wastewater Treatment Plant were housekeeping issues and had been identified by staff. Discussion was held on the removal of the Senior Accounting Clerk from the Fire Department's budget. Motion by Lueth, second by Pielstick to adopt Ordinance #8403 on its first reading. Upon roll call vote, Pielstick, Hosier, and Lueth voted aye. Mehring, Seifert, Whitesides, Preisendorf, Samuelson, Murray, and Sorensen 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 ordinance numbered: #8403 - Consideration of FY 1998-1999 Annual Single City Budget/Municipal Proprietary Budget, The Annual Appropriations Bill 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. Second by Councilmember Seifert. Upon roll call vote, Mehring, Pielstick, Hosier, Preisendorf, Seifert, Whitesides, Murray, Samuelson and Sorensen voted aye. Lueth voted nay. Motion adopted. Lewis Kent, 624 East Meves, spoke on the budget. Councilmember Sorensen noted that although he did not support all that was in the budget, it was a good budget overall. Clerk: Ordinance #8403 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, Mehring, Pielstick, I I I Page 5, City Council Regular Meeting, September 14, 1998 Hosier, Preisendorf, Seifert, Whitesides, Murray, Samuelson and Sorensen voted aye. Lueth voted nay. Motion adopted. Clerk: Ordinance #8403 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, Mehring, Pielstick, Hosier, Preisendorf, Seifert, Whitesides, Murray, Samuelson and Sorensen voted aye. Lueth voted nay. Motion adopted. Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinance #8403 is declared to be lawfully passed and adopted upon publication as required by law. CONSENT AGENDA: Motion by Whitesides, second by Pielstick, carried unanimously to approve the Consent Agenda. Receipt of Official Documents, Downtown Improvement Board Meeting Minutes of July 16, 1998 and Downtown Improvement Board Meeting Minutes of July 21, 1998. Approving Minutes of August 24, 1998 City Council Regular Meeting, August 25, 1998 City Council Special Study Session, August 26, 1998 City Council Special Study Session, August 27, 1998 City Council Special Study Session and August 31. 1998 City Council Special Meeting. Councilmember Preisendorf abstained on voting on the minutes of August 31, 1998 as he was absent. Approving Request of Marsha L. Alvarez-Jaquez for Liquor Manager Designation - Kum & Go #340 and Kum & Go #339. Approving Appointments of Carolyn Loschen, 2101 Stagecoach Road and Bob Loewenstein, 1103 East Sunset A venue to Community Development Board to Serve Terms Expiring June 30, 2001. Approving Appointment of Dr. Richard L. Wampler. 2905 South Blaine Street to Animal Advisory Board for a Term Expiring September 14, 2001 and Appointment of Dr. Michael Nance, Zoo Director. as Ex-Officio. Approving Appointment of Councilmember Whitesides as Liaison to Grand Isle Heritage Zoo Board For a Term to Expire in December. 1998. Approving Request of Harvest of Harmony Committee for Use of City Sidewalks and Temporary Food Stands for Harvest of Harmony Parade, October 3, 1998. #98-216 - Approving Final Plat and Subdivision Agreement for Barbara Subdivision. It was noted that the final plat for Barbara Subdivision, located at the southeast corner of the intersection of Walnut Street and 7th Street, proposed to subdivide existing Lot 4, Block 9, Original Town Subdivision into two smaller residential lots in order to create separate title to the two longstanding residences established on the property. I I I Page 6, City Council Regular Meeting, September 14, 1998 #98-95 - Approving Final Plat and Subdivision Agreement for Starostka Subdivision. It was noted that the final plat for Starostka Subdivision, located immediately west of Willow Road and east of Congdon A venue, proposed to replat all of Lots 11 and 12, and portions of Lots 13 and 14 in Lambert's Subdivision into two new lots. #98-217 - Approving Final Plat and Subdivision Agreement for Wegner Subdivision. It was noted that the final plat for Wegner Subdivision, located at the northwest corner of the intersection of Airport Road and Webb Road, was intended to create separate title to an existing residence located on the property. #98-218 - Approving; Dissolution of Sanitary Sewer District #488, Westwood Park pt and Td Subdivisions Based on Protests. #98-219 - Approving Acquisition of Utility Easement at Blessed Sacrament Church. #98-220 - Approving Acquisition of Utility Easement at Timm's Subdivision, South of Schimmer Drive and East of Juergen Road. #98-221 - Approving Acquisition of Utilitv Easement North of Old Highway 30 and East of North Road. #98-222 - Approving Certificate of Final Completion for 1998 Asphalt Reiuvenation Program. #98-223 - Approving Certificate of Final Completion for Television Inspection #98-1-TV. #98-224 - Approving Agreement with State of Nebraska for Fire Protection Services at Law Enforcement Training Center. #98-225 - Approving Award of Bid for Aerial Photography to Western Air Maps, Inc.. Overland Park, Kansas, in the Amount of $14,880. RESOLUTIONS: #98-226 - Setting 1998-1999 General All-Purpose Propertv Tax, Community Redevelopment Authority, and Parking District #2 (Ramp) Levies. Chuck Haase, Finance Director, reported that this item established the municipal all purpose property tax rate of .375107 per $100 of valuation, a 1.3% REDUCTION from the .380100 rate established last year. Mr. Haase noted that this Resolution also established the Parking District #2 property tax rate of .098776 per $100 of valuation, a 4.0% increase from the .098775 established last year, and the Community Redevelopment Authority property tax rate of .022160 per $100 of valuation. Motion by Samuelson, second by Sorensen to approve. Upon roll call vote, Mehring, Pielstick, Hosier, Preisendorf, Whitesides, Lueth, Murray, Samuelson and Sorensen voted aye. Seifert voted nay. Motion adopted. #98-227 - Approving Agreement for Engineering Contract for Preliminary Design on South Locust Street. Wayne Bennett, Public Works Director, reported that the Purchasing Division had submitted a request for proposals for engineering services for the preliminary design on I I I Page 7, City Council Regular Meeting, September 14, 1998 South Locust Street from Highway 34 to Stolley Park Road and that the low proposal had been submitted by Olsson Associates, Grand Island, Nebraska, in the amount of $50,000. Motion by Murray, second by Mehring, carried unanimously to approve. Mike Toukan, 1808 South Locust Street, spoke in support. #98-228 - Approving Resolution of Support for Hall County Airport Authority Relative to Site Selection Study. Bob Selig, Executive Director for the Hall County Airport Authority, reported that the City of Grand Island was being asked to support the Hall County Airport Authority relative to submittal of an application to the Nebraska Department of Aeronautics and the Federal Aviation Administration for funding to conduct a site selection study for a new regional airport. Motion by Preisendorf, second by Samuelson to approve. Councilmember Mehring offered a friendly amendment to the approval to reflect the inclusion of the present Grand Island airport site as a potential site. The friendly amendment was accepted. Councilmember Murray noted that 10 years ago the City had declined to participate in a similar study. Councilmember Pielstick asked that parts of the initial feasibility study be included in this study. Doyle Hulme, 2829 Brentwood Boulevard, stated that the intention of the Board was to look at all sites to identify the most appropriate site and that no improvements would be made to the present site until a clear indication of future site is determined. Upon roll call vote, motion was adopted unanimously. PAYMENT OF CLAIMS: Motion by Lueth, second by Sorensen, carried unanimously to approve the Claims for the period of August 25, 1998 through September 14, 1998, claim #68216 through #68886. Councilmember Preisendorf abstained from voting on Claim #68409. ADJOURN TO EXECUTIVE SESSION: Motion by Pielstick, second by Samuelson, carried unanimously to adjourn to Executive Session at 9:43 p.m. to review the union negotiations and ratification of the collective bargaining agreement with AFSCME, Local 251. RETURN TO REGULAR SESSION: Motion by Lueth, second by Samuelson, carried unanimously to return to Regular Session at 10: 10 p.m. #8406 - Adopting Salary Ordinance for Cost of Living Increases for Non-Union Employees. AFSCME Employees and FOP Employees. Lisa Thayer, Personnel Director, reported that as discussed at the City Council Special Meeting of August 31, 1998, amendments to the Salary Ordinance to reflect cost of living adjustments (COLAs) based on inflation were recommended. Mrs. Thayer added that the Labor Union agreement with FOP called for a COLA equivalent to 95% of the Consumer Price Index - Urban (CPI-U), which equated to 1.9% adjustment and for a 1.75% COLA for those employees in salary ranges that have been "frozen" as a result of the salary survey conducted when the contract was negotiated three years ago. It was noted that the Labor Union agreement with AFSCME called for a 2.25% COLA adjustment for all classifications and that additionally it was recommended that a 2.5% COLA be provided to non union employees. Mrs. Thayer added that other minor modifications to the salary ordinance included the Community Health Nurse classification being divided into a I and II; amendments to the clerical job titles to list the classifications by department to clarify the number of employees in these positions and to identify which departments they work in - no adjustments have been made to the salary ranges; and the I I I Page 8, City Council Regular Meeting, September 14, 1998 elimination of the job title of Equipment Mechanic - Streets as the classification was not being used. Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that Ordinance #8406 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 each reading and then upon final passage and ask for a roll call vote on each reading and then upon final passage. Second by Murray. Upon roll call vote, motion was adopted unanimously. Clerk: Ordinance #8406 on its first reading. All those in favor of the passage of this ordnance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion was adopted. Clerk: Ordinance #8406 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 was adopted. Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinance #8406 is declared to be lawfully passed and adopted upon publication as required by law. #98-229 - Consideration of Ratification of Collective Bargaining Agreement with AFSCME. Local 251. Lisa Thayer, Personnel Director, reported that at the Special City Council Meeting of August 31, 1998, the City Council discussed union negotiations and the potential ratification of the Labor Agreement with the American Federation of State, County and Municipal Employees (AFSCME) for the period from October 1, 1998 through September 30, 2002. Motion by Sorensen, second by Samuelson, carried unanimously to approve. ADJOURNMENT: The meeting was adjourned at 10: 15 p.m. Respectfully submitted, fi LAd J< ~~/)f;t- ~~ \.K.~;t~r~ht ,- ~ City Clerk l I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION September 21, 1998 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 September 21, 1998. Notice of the meeting was given in the Grand Island Independent on September 16, 1998. Council President Glen Murray called the meeting to order in the absence of Mayor Gnadt. The following members were present: Councilmembers Mehring, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Lueth, Samuelson, Murray and Sorensen were present. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, and City Attorney Charlie Cuypers. Discussion on Downtown Improvement District #2. Dianne Kelley, Downtown Development Director, reported that the Downtown Improvement Board had scheduled a meeting with property owners in the downtown for the sole purpose of determining priorities, issues and concerns for the downtown. It was noted that inasmuch as the meeting was scheduled for October 6, 1998, the Board requested that Council consider the creation of Business Improvement District #2 at the October 12, 1998 City Council Meeting. Councilmember Whitesides questioned the number of property owners in the district. Mrs. Kelley responded that there were 291 properties. Councilmember Lueth stated that she was pleased the Downtown Improvement Board was holding the meeting. Discussion on Amending Speed Limit on Shady Bend Road from Bismark to Highway 30. Councilmember Whitesides reported that he had been contacted by constituents who supported reducing the speed limit on Shady Bend Road due to concerns with safety and the increased number of residences and traffic in the area. George Solt, 3523 East Seedling Mile Road, and Gerald Nelson, 110 Seedling Mile Court, spoke in support of a speed reduction and asked that the speed limits be strictly enforced. City Administrator Dale Iman reported that traffic studies had been done dropping to 35 miles per hour would have a significant impact. Tom Carlson, Public Works engineer, stated that a portion of the road was in the County limits and that the 85 % speed for the street was 45 miles per hour. Mr. Carlson reviewed the traffic accidents on Shady Bend Road for the last five years. Councilmember Pielstick stated that due to the increased number of children in the area, a safer speed was in order. Councilmember Whitesides spoke in support of reducing the speed limit to 35 miles per hour and asked that the request be placed on the agenda for the next Council meeting. Discussion was held on posting school crossing signs. I I I Page 2, City Council Study Session, September 21, 1998 Discussion on Procedures for Suspension of Rules for Ordinances. Council President Glen Murray reported that he had asked that this issue be brought forward based on discussion at the last City Council Meeting relative to suspension of rules. Councilmember Lueth spoke in support of adopting Ordinances of importance on three separate readings. City Attorney Charlie Cuypers reported that the Council could control the adoption of ordinances by not suspending the rules to adopt in one reading. Councilmember Mehring spoke in support of introducing each ordinance and then determining whether or not to suspend the rules. Councilmember Murray stated that it might be difficult to determine which ordinances were controversial. Glendale Reiss, 910 North Boggs, and Lewis Kent, 624 East Meves, spoke in support of separate readings. Discussion was held on amount of information to be included in the packet for ordinances to be considered on second and third readings. Discussion on Platte Valley Industrial Park Annexation. City Attorney Charlie Cuypers reported that he had visited with the general manager of Southern Nebraska Rural Public Power District relative to the concerns of the board. Mr. Cuypers stated that he would like to discuss the issue with the City Council at an Executive Session. Councilmember Whitesides questioned whether the Poland property would be included in the annexation. Councilmember Pielstick recommended delaying action until all details were worked out. City Administrator Dale Iman stated that he had had discussions with Mr. Poland and that the issue could be discussed at the Executive Session. Discussion on Sidewalk District in Park Gardens Subdivision. Councilmember Mehring stated that he had brought this issue before the Council in order to discuss the requirement for sidewalks in the Park Gardens Subdivision. Charlie Cuypers, City Attorney, reported that the subdivision agreement required the installation of sidewalks but that because the development was developed in phases it appeared that the sidewalks along Stolley Park Road might have been left unbuilt pending completion of the development. Mrs. Karen Hanson, 1917 Stolley Park Circle, stated that she was willing to install sidewalks but felt all property owners should do the same. City Administrator Dale Iman stated that there were no grounds to waive the requirement for sidewalk installation. Councilmember Lueth spoke in support of requiring the sidewalks due to the safety of the children who walk that area. Gordon Hrnicek, 1816 Stolley Park Circle, spoke in support of uniform installation. Mr. Iman noted that the City Council could order in sidewalks at any time if safety was a concern. Councilmember Mehring noted that the Council had made exceptions in other areas and stated it would be unequitable if some were required to install sidewalks and others were not. Councilmember Preisendorf spoke in support of enforcing the subdivision agreement which required the sidewalk installation. Councilmember Lueth spoke in support of giving the property owners the same length of time that the property owners who were identified in the sidewalk policy were given. Mr. Iman stated that when the sidewalk policy was adopted the first priority was installation of sidewalks on city property; second was requiring sidewalks in areas which were covered by the subdivision agreement and the third was gap sidewalks. This item will be placed on the next City Council Meeting agenda. I I I Page 3, City Council Study Session, September 21, 1998 Discussion on Noise Pollution Relative to Sound Level of Car Stereos and Boom Boxes. Councilmember Seifert stated that he would like to see an ordinance adopted that would prohibit disturbing of the peace by boom boxes and loud car stereos. Assistant City Attorney Dale Shotkoski reported that this concern had been enforced by using the disturbing the peace ordinance and that a potential way to combat the problem was to utilize a public nuisance ordinance. Mr. Shotkoski added that the ordinances could not be too vague or they would be unenforceable. Deputy Police Chief Gary Piel stated that he did not believe it would be substantially more beneficial to implement a specific ordinance. Councilmembers Lueth, Pielstick and Whitesides spoke in support of enacting legislation relative to boom boxes and car stereos. City Administrator Dale Iman reminded the Council that three things were necessary for successful prosecution: complaint, police observance, and culprit. It was determined that the Assistant City Attorney would conduct additional review of other communities for sample ordinances and return to the City Council. Merlin Kluge, 1409 West Third Street, spoke in support of enacting legislation. Discussion on Water Main District #425. Councilmember Seifert stating that he had concerns with the creation of Water Main District #425 and noted that the assessments were creating a hardship for Ira and Lorraine Simons. Councilmember Preisendorf stated that the correct policies had been followed for creation and protest of the district. Councilmember Seifert suggested that the interest on the assessment be waived. Gary Mader, Utilities Director, reported that there were four ways to finance water main districts, including tap district, petition/protest assessment, forced installation, and use of water revenue to install all districts. Councilmember Sorensen questioned whether the Simons had water service and needed the water main district. Mr. Mader stated that the Simons had water and that the Utilities Department stood about % of the cost of the district but recognized that it was more expensive than other districts. Mrs. Lorraine Simons, 806 East 14th Street, stated that she and her husband could not afford the district and had a well which provided for their water needs. Councilmember Mehring questioned what the protest would have been if the third lot had been included. Mr. Mader stated that it would not have been more than 50% although it would have been closer. It was determined that the City Attorney would meet with the Simons and see if they could work out a solution. Discussion on Backflow Prevention Requirements for Residential Properties. Councilmember Whitesides stated that he had brought this issue forward in response to residents' concerns relative to the cost of installing backflow prevention devices. Mr. Whitesides stated that the State law did not mandate the implementation of a backflow program and that the City's doing so was resulting in hardship for many property owners. Craig Lewis, Building Inspections Director, reported that the State mandated that a program be in place and noted that the City of Grand Island had a very effective program. Discussion was held on the cost of equipment and installation. Dale Iman, City Administrator, stated that a large percentage of backflow devices installed were in new construction which resulted in lower installation costs and that the City had a high number of private wells in the community which increased our risk along with the potential risk of RDX. Discussion was held on the time frame for installation of the backflow I I I Page 4, City Council. Study Session, September 21, 1998 devices once a resident received notice. Bob Smith, Assistant Utilities Director, reported that the first letter was sent out stating the property owner had 30 days to comply, a second letter was sent out stating they had 10 days to comply and the final notice gave 48 hours to comply. Councilmember Seifert stated that he believed the program was a state mandate. Mr. Lewis reiterated that the State did mandate the program but gave no guidance on implementation. Councilmember Mehring stated that the City had one of the most aggressive programs in the state and suggested that we could be less restrictive. Clark Kalkowski, Plumbing Inspector, spoke in support of the program and noted that the State reviewed programs on a regular basis and would require changes if they were not satisfied with the City's program, resulting in increased costs and inconvenience for the property owners. Lewis Kent, 624 East Meves, spoke in opposition to unfunded mandates. Adjournment. The meeting was adjourned at 9:58 p.m. Respectfully submitted, 1 .' ~1JiA' I~ >.'V'a . j, ",vi . Cindy K. ~twr'ght City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING September 28, 1998 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 23, 1998. Mayor Gnadt called the meeting to order at 7:20 p.m. The following members were present: Mayor Gnadt, Councilmembers Mehring, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Lueth, Murray, Samuelson and Sorensen. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, Finance Director Chuck Haase, City Attorney Charlie Cuypers, and Public Works Director Wayne Bennett. PLEDGE OF ALLEGIANCE was said. REQUESTS TO SPEAK ON AGENDA ITEMS: Eight individuals reserved time to speak on agenda items. PRESENTATIONS AND PROCLAMATIONS: Sergeant Gary Smith and Walnut Middle School Principal Vicki Deuel provided an update to the City Council on the School Resource Officer Program. Cindy Cartwright, City Clerk, reported that the Mayor had proclaimed October, 1998 as National Mammography Day IN ational Breast Cancer Awareness. PUBLIC HEARINGS: Public Hearing on Acquisition of Utility Easement West of Blaine Street Beginning Near Schimmer Road. Gary Mader, Utilities Director, reported that acquisition of an utility easement and right-of-way located west of Blaine Street beginning near Schimmer 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 be used for a transmission line to connect substation A to Nebraska Public Power District. No public testimony was heard. Public Hearing on Acquisition of Utility Easement at Petersen Farms, South of Capital Avenue and West of Geddes Street. Gary Mader, Utilities Director, reported that acquisition of an utility easement and right-of-way located on Petersen Farms, south of Capital Avenue and west of Geddes Street, was required in order to install, upgrade, maintain, and repair power I I I Page 2, City Council Regular Meeting, September 28, 1998 appurtenances, including lines and transformers and that this easement would be used to serve a new central pivot irrigation well. No public testimony was heard. Public Hearing on Acquisition of Utility Easement at Lot 8. Commercial Industrial Park Subdivision. Along Webb Road. Gary Mader, Utilities Director, reported that acquisition of an utility easement and right-of-way located on Lot 8, Commercial Industrial Park Subdivision along Webb 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 be used to provide for underground lines and transformers to serve a new building under construction. No public testimony was heard. Public Hearing on Acquisition of Utility Easement at 703 West Third Street. Gary Mader, Utilities Director, reported that acquisition of an utility easement and right-of-way located at Lot 2, Block 108, Railroad Addition, 703 West Third Street, 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 provide for a padmount transformer which would serve the entire block underground. No public testimony was heard. Public Hearing on Acquisition of Utility Easement at Medical Park Sixth Subdivision. Alpha Street Between 9th and 10th Streets. Gary Mader, Utilities Director, reported that acquisition of an utility easement and right-of-way located on Lot 3, Medical Park Sixth Subdivision on Alpha Street 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 provide for a transformer which will serve a new doctors office building currently under construction. No public testimony was heard. ORDINANCES: #8396 - Approving Annexation of Property in the Platte Valley Industrial Park Area. City Administrator Dale Iman reported that at the City Council Meeting of August 24, Ordinance #8396, providing for the annexation of property in the Platte Valley Industrial Park area, was adopted on second reading and that State Statutes set forth the requirement that an Ordinance providing for annexation was to be read by title on three different days. Motion by Murray, second by Preisendorf to approve #8396 on its third and final reading. Kay Collins, 1003 West Louise Street, questioned whether the action was legal and if there would be litigation. City Attorney Charlie Cuypers responded that the test was the reference case used in North Platte relative to the number of connecting feet of the annexed land and that the Southern Rural Public Power District might vote to enter into litigation against the City but that the City officials hoped Southern's concerns had been addressed. Kent Coen, 2604 South Stuhr Road, representing Nebraska Truck Center, spoke in support and stated that the company planned to expand the business and would like to have some improved infrastructure. Roll call vote was taken on the third reading. Upon roll call vote, Pielstick and Seifert voted nay. Mehring, Hosier, Preisendorf, Whitesides, Lueth, Samuelson, Sorensen, and Murray voted aye. Motion adopted. #8401 - Consideration of Downtown Improvement and Parking District #1 Occupation Tax. Chuck Haase, Finance Director, reported that at the City Council Meeting of September 14, I I I Page 3, City Council Regular Meeting, September 28, 1998 1998 Ordinance #8401, establishing the annual rate for the occupation tax in the Downtown Improvement and Parking District #1 at the current rate of $.0999 per square foot of public use space, with a minimum annual tax of $86.15, was adopted on first reading and that since that time, district changes had been submitted which provide for an amendment to the square footage rate to $.0964. Motion by Lueth, second by Sorensen to adopt Ordinance #8401 in its revised form on second reading. Councilmember Murray questioned whether the amended ordinance could be adopted on second reading. City Attorney Charlie Cuypers stated that the amendment did not fundamentally change the character of the ordinance. Councilmember Mehring questioned the $5 credit. Mr. Haase responded that the costs to administer the credit exceeded the credit and so it was being eliminated. Upon roll call vote to adopt #8401 on second reading, Mehring, Pielstick, Hosier, Preisendorf, Whitesides, Lueth, Samuelson, Murray, and Sorensen voted aye. Seifert voted nay. Motion adopted. #8404 - Consideration of Amendment to City Code. Various Chapters. Relative to Fees. Charlie Cuypers, City Attorney, reported that at the City Council Meeting of September 14, 1998, Council adopted on first reading Ordinance #8404 approving certain fees identified in the User Fee Schedule which were referenced in the City Code and that it was recommended that the applicable City Code sections be amended to be consistent with the User Fee Schedule. Motion by Sorensen, second by Pielstick, carried unanimously to adopt on second reading. Councilmember Whitesides pointed out that fees could be changed with Council vote at any time throughout the year. #8405 - Consideration of Amendment to City Code. Chapter 18 and 26 Relative to Licensing of Plumbing Apprentices and Gas Fitter Apprentices. Craig Lewis, Building Inspections Director, reported that at the City Council Meeting of September 14, 1998, Council adopted on first reading Ordinance #8405 recommending that Chapters 18 and 26 of the City Code be amended relative to requirements for plumbing and gas fitter apprentices. It was noted that the amendment would establish the requirement that all plumbing and gas fitter apprentices engaged under a master plumber or master gas fitter be registered with the Building Department and would modify the length of time required for journeyman plumbers, and the length of time between examinations. Motion by Sorensen, second by Pielstick, carried unanimously to adopt on second reading. #8407 - Consideration of Conveyance of Former City Hall. Assistant City Attorney, Dale Shotkoski, reported that the Purchasing Department had received two proposals for the sale of the former City Hall, 208 North Pine Street and that City Administration recommended the sale of the former City Hall to Albers Development Co., a Nebraska Corporation for a proposed purchase price of $160,000, with several conditions. Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinance #8407 be considered for adoption on the same day upon reading by number only and that the City Clerk be permitted to call for a roll call vote on each reading and then upon final passage. Second by Seifert. Upon roll call vote to suspend the rules, Seifert, Hosier, Preisendorf, Whitesides, Samuelson, Murray and Sorensen voted aye. Mehring, Lueth, and Pielstick voted nay. Motion failed. Motion by Lueth, second by Pielstick to adopt Ordinance #8407 on first reading. Kay Collins, 1003 West Louise, questioned the assessed value. City Administrator Dale Iman reported that the appraised value was $160,000 and that the abatement of the asbestos would be reduced I I I Page 4, City Council Regular Meeting, September 28, 1998 from the value. Mr. Iman added that the maximum estimate for abatement of asbestos was $40,000 but that the quotes received would indicate the costs to be in the $18,000 range. Councilmember Murray voiced pleasure that the City was able to get a bid for this amount and that the renovation would be an asset for the downtown. Upon roll call vote to adopt on first reading, the motion was adopted unanimously. CONSENT AGENDA: Motion by Pielstick, second by Samuelson, carried unanimously to adopt the Consent Agenda. Receipt of Official Documents/Bonds for Garbage Haulers. Including Library Board Meeting Minutes of July 6. 1998: Civil Service Commission Meeting Minutes of July 22. 1998: and Library Board Meeting Minutes of August 10. 1998. Approving Minutes of September 14. 1998 City Council Regular Meeting and September 21. 1998 City Council Study Session. Approving Request of Deborah J. Thuernagle for Liquor Manager Designation for Pump & Pantry #2. 3100 West Old Highway 30. #98-230 - Approving Certificate of Final Completion for Sanitary Sewer District #96-S-5. #98-231 - Approving Acquisition of Utility Easement West of Blaine Street Beginning Near Schimmer Road. #98-232 - Approving Acquisition of Utility Easement at Petersen Farms. South of Capital A venue and West of Geddes Street. #98-233 - Approving Acquisition of Utility Easement at Lot 8. Commercial Industrial Park Subdivision. Along Webb Road. #98-234 - Approving Acquisition of Utility Easement at 703 West Third Street. #98-235 - Approving Acquisition of Utility Easement at Medical Park Sixth Subdivision. Alpha Street Between 9th and 10th Streets. #98-236 - Awarding Bid for Physical Fitness Testing and Reporting. Fire Department to Sally Husen. Grand Island. Nebraska. in the Amount of $13.024. #98-237 - Awarding Bid for Snow Removal Services to A-I Snow RemovaL Grand Island. Nebraska for Snow Emergency Route #5 and Residential Area Snow Clearing and Dobesh Land Leveling. Grand Island. Nebraska for Snow Emergency Route #3 and Residential Area Snow Clearing. #98-238 - Approving License with Culver Company. Newburyport. Massachusetts. for Broadcast of Electrical Safety Videos. I I I Page 5, City Council Regular Meeting, September 28, 1998 #98-239 - Approving Renewal of Agreement with Methodist College Relative to Paramedic Training. #98-240 - Approving Change Order in the Amount of $71.699.12 to Contact with The Industrial Com{)any. Steamboat Springs. Colorado. For Burdick DCS Installation Contract. REQUESTS AND REFERRALS: Approving Traffic Modification at Illh Street From Rubv Street to Custer Street. Motion by Lueth, second by Seifert, to approve the request of residents of the Central Catholic school area for traffic modifications at Illh Street from Ruby Street to Custer Street to include school zone signage and reduction of the speed limit to 20 miles per hour. Dan Mora, 2107 West 11th Street, and Pat Schleicher, 2232 West 11 th Street, spoke in support. Upon roll call vote, Hosier, Pielstick, Seifert, Preisendorf, Lueth, Whitesides, Murray, Samuelson and Sorensen voted aye. Mehring voted nay. Motion adopted. Approving Traffic Control at Illh Street and Beal Street. Motion by Pielstick, second by Lueth to approve the placement of stop signs on Beal Street. It was noted that traffic counts, accident history review, and on-site observations for the intersection of 11 (h Street and Beal Street were completed on September 1, 1998 and that on site observations revealed site restrictions including improperly parked vehicles and equipment on private property and some low hanging tree branches. Councilmember Preisendorf spoke against placement of the stop signs based on the recommendation from the Public Works Department but voiced support removal of improperly parked vehicle and equipment; trimming low hanging tree branches; and restriction of street parking near the intersection by painting the curb yellow. Councilmember Samuelson offered a friendly amendment to include the three conditions recommended by Public Works. The friendly amendment was accepted. Upon roll call vote, Mehring, Pielstick, Hosier, Seifert, Whitesides, Lueth, Murray, Samuelson and Sorensen voted aye. Preisendorf voted nay. Motion adopted. Approving Delegation to Healthy Communities/Healthy Youth Conference. Cindy Cartwright, Public Information and Records Management Director, reported that as reported to the City Council in a memorandum of September 18, 1998, the Community Youth Council, Action Coordinating Committee, at their September 1, 1998 meeting, discussed the utilization of a community wide philosophy or belief system to involve the entire community in addressing the issues of drugs, racism, and gangs. It was noted that the Action Coordinating Committee authorized up to five individuals to attend the Search National Conference in St. Paul, MN, November 5-7, 1998, including volunteers Collette Shaughnessy, CNCA and Eric Ford, Trinity United Methodist Church. Motion by Sorensen, second by Samuelson to approve. Upon roll call vote, Lueth, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Murray, Samuelson and Sorensen voted aye. Mehring voted nay. Motion adopted. Consideration of Vote of Confidence for City Administrator. Mayor Gnadt stated that he had asked the City Attorney to research the legality of the vote of confidence and that based on the opinion of the City Attorney a vote of confidence was not a legal action of the Council and the Mayor had the authority to remove the item from the agenda. Mr. Cuypers stated that Nebraska Statutes provided for the Mayor to make appointments and remove the City I I I Page 6, City Council Regular Meeting, September 28, 1998 Administrator and that the City Administrator's rights could be violated by the proposed action. Mr. Cuypers added that Robert's Rules of Order allowed the Mayor to call this item out of order and that the Council could make their views known on the City Administrator at the time of the annual performance review. It was noted that Mr. Iman's term. ended December 7, 1998 with the term of the Mayor and that there was no alternative to bringing this to the floor unless the Council was willing to assume liability. RESOLUTIONS: #98-241 - Amending Speed Limit on Shady Bend Road Near Seedling Mile Road Intersection. Motion by Whitesides, second by Seifert, to lower the speed limit on Shady Bend Road near the intersection of Seedling Mile Road from the south City limits to the north City limits to 35 miles per hour. George Solt, 3523 Seedling Mile Road, and Gerald Nelson, 110 Seedling Mile Court, spoke in support. Discussion was held on the signage at the school crossing. Councilmember Whitesides questioned whether a request was being made to the County for reduction in speed in the area outside City limits. Roll call vote was taken on the motion to reduce the speed to 35 miles per hour. Pielstick, Hosier, Seifert, Whitesides, Lueth, Murray and Sorensen voted aye. Mehring, Preisendorf and Samuelson voted nay. Motion adopted. #98-242 - Requiring Ordering of Construction of Sidewalks North of Stolley Park Road. from Harrison Street to Blaine Street. Motion by Lueth, second by Samuelson to approve the construction of sidewalks as discussed at the City Council Study Session of September 21, 1998. It was noted that due to the location of Stolley Park, Stolley Park School, and Barr Middle School and the existence of substantial pedestrian traffic along Stolley Park Road from Locust Street to Blaine Street, it was recommended that sidewalks be installed and that the City identify and give property owners along the north side of Stolley Park Road between Harrison Street and Blaine Street notice to construct sidewalks by June 1, 1999. Upon roll call vote, Mehring, Hosier, Seifert, Preisendorf, Whitesides, Lueth, Murray and Samuelson voted aye. Pielstick and Sorensen voted nay. Motion adopted. #98-243 - Approving Agreement for Conveyance of Former City Hall. Dale Shotkoski, Assistant City Attorney, reported that the Purchasing Department had received two proposals for the sale of the former City Hall, 208 North Pine Street, and that City Administration recommended the sale of the former City Hall to Albers Development Co., a Nebraska Corporation, in the amount of $160,000 plus conditions. Councilmember Mehring recommended waiting until after the ordinance was adopted on final reading before entering into an agreement. City Attorney Charlie Cuypers reported that the developer might want some sign of commitment from the City and that the approved purchase agreement would provide some reassurance. Motion by Murray, second by Samuelson to approve the agreement. Upon roll call vote, Hosier, Seifert, Preisendorf, Whitesides, Lueth, Sorensen, Samuelson and Murray voted aye. Mehring and Pielstick voted nay. Motion adopted. #98-244 - Consideration of Agreement with F & S Systems Relative to Utilization of Utility Poles for Fiber Optics. Dale Shotkoski, Assistant City Attorney, reported that the Utilities Department was recommending the approval of an agreement with F & S Fiber Systems, Kearney, Nebraska to provide for the installation of fiber optic cable in the Grand Island area, utilizing City utility poles to provide the fiber optic connections to schools in order to provide I I I Page 7, City Council Regular Meeting, September 28, 1998 two way video conferencing and long distance education. Discussion was held on the proposed rate of $4 per pole. Stuart Gilbertson, F & S Fiber, Kearney, stated that the company had 200 miles of fiber in the ground and were connected to the Kearney Public Schools and were certified by the Nebraska Public Service Commission to provide distance education classes and high speed data network. Councilmember Seifert questioned the installation time frame. Mr. Gilbertson responded that they planned to proceed as soon as approval was given. Councilmember Mehring asked whether any schools were requesting the services. Mr. Gilbertson responded that he had been in contact with College Park, Central Community College, and other schools. Councilmember Seifert noted that the City would be reviewing a telecommunications ordinance in early October and moved to table the agreement with F & S Fiber Systems until after that discussion. Second by Lueth. Upon roll call vote, Mehring, Pielstick, Preisendorf, Seifert, Hosier, Whitesides, Lueth, Samuelson and Sorensen voted aye. Murray voted nay. Motion adopted. PAYMENT OF CLAIMS: Motion by Samuelson, second by Seifert, carried unanimously to approve the Claims for the period of September 15, 1998 through September 28, 1998, claim #68887 through #69456. Kay Collins, 1003 West Louise Street, questioned the total amount of the claims. Mr. Haase noted the total was $3,771,846.66. Fire Chief Jim Rowell relayed information relative to the claim for food for the volunteers for the Hazardous Household Waste Day. ADJOURNMENT: The meeting was adjourned at 9:00 p.m. Respectfully submitted, Lutz% ~ ~~v~ Cindy K. Cartwright City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION October 5, 1998 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 September 30, 1998. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Mehring, Pielstick, Hosier, Preisendorf, Whitesides, Lueth, Sorensen and Murray. Councilmembers Seifert and Samuelson were absent. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, and City Attorney Charlie Cuypers. Presentation by Central Platte Natural Resources District on Groundwater Demonstration Proiect. Ron Bishop of Central Platte Natural Resources District presented information to the Council on a proposed demonstration project which would decrease the groundwater levels in identified areas of the City. Mr. Bishop stated that Central Platte proposed to do one location outside the City limits near Eagle Scout Park and proposed that the City install two sites located within the City limits - one near Engleman Road in the Capital Heights area and one on Blaine Street south of the belt line and noted that each site would require one dewatering well and one or two monitoring wells for a total cost of $5,000 per well. Mr. Bishop added that he would recommend having an overall review to find an adequate outlet for the water and stated that the dewatering would reduce the load on the City's sanitary sewer system. Mayor Gnadt thanked Mr. Bishop for the information and suggested that a third location, north of Fonner Park, also be considered. Councilmember Lueth spoke in support of the dewatering project and questioned whether any of the old dewatering wells in the Capital Heights area could be used. Mr. Bishop stated that the old wells had been used when the City installed sanitary sewer and water and that these wells had been abandoned and that the only other wells were the Army's to monitor RDX. City Administrator Dale Iman noted that the City's 1998- 1999 Annual Budget included $30,000 in funding which could be used for the dewatering project. Councilmember Murray questioned where the water would be disposed of once it was pumped out. Mr. Bishop stated that the water could be put in storm sewer by LaMar and that the flood drainway by Manchester Avenue could be considered in the northwest area. Councilmember Whitesides stated that groundwater was a concern throughout the City and that the key was having a location to pump the water into. Councilmember Mehring questioned whether land would have to be condemned in order to install a dewatering well. Mr. Bishop responded that the systems were small - 16" hole with 8" casing and protruding approximately 2' above the ground and that they could be located on either public property or I I I Page 2, City Council Study Session, October 5, 1998 on the property of a willing homeowner. Mr. Bishop explained the monitoring process and noted that if the dewatering was successful, residents would know within one-two days. Councilmember Preisendorf voiced concern with ensuring that no contaminated water was being pumped into other locations. Doug Winder, 4355 Cambridge Road, Roger Lindley, 923 East Phoenix, Harold Perry, 821 South Sun Valley Drive, and Tom Pirnie, 919 East Phoenix, spoke in support of the project. Discussion on Rerouting Truck Traffic off Capital Avenue Around Engleman School. Councilmember Lueth reported that this issue had been brought forward by residents along Capital Avenue out of safety concerns. Ken Karmann, 4250 Branding Iron Court, stated that the Sidewalk study Committee had been reviewing the need for sidewalks in the area and had also discussed related recommendations, including extending the school zone to Independence Avenue, reducing the speed limit on Capital Avenue from Engleman Road to Independence Avenue to 25 miles per hour, eliminating Capital A venue as a truck zone from Engleman Road to North Road and installation of crosswalk/flashing lights at Capital Avenue/Independence A venue intersection. Councilmember Pielstick questioned whether the Sidewalk Committee had discussed plans with property owners. Mr. Karmann reported that they had visited with some of the residents but not all yet. Juanita Simonds, 4341 West Capital Avenue, spoke in support of the crosswalks by Independence and voiced concern with a truck zone by school crossings. Councilmember Murray spoke in support of designating 13th Street as a truck route. Ken Brand, 4228 West Capital, spoke in support of the various recommendations. Councilmember Lueth noted that if ticketed for speeding in a school zone, the fines were doubled. This item was referred to the next City Council Meeting for consideration. Review of Telecommunications Ordinance. Charlie Cuypers, City Attorney, presented the revised, proposed telecommunications ordinance and reported that 16 Nebraska cities had been surveyed to determine occupation taxes and fees being charged to telecommunications companies and that the Legal Department was recommending that the occupation tax rate be set at 3% and the pole rental fee at $4 per year, as well as a $500 registration fee and $1,000 fee for a license (right of way use only) or franchise application (right of way use and/or local exchange service). Representatives from Aliant, Paul Schudel, Elaine Carpenter, Sarah Bishop, and Mike Atchity, were present and spoke in support of the proposed ordinance. Mr. Cuypers noted that the proposed ordinance would be simple and easy to administer and make it easy for people to do business in Grand Island. Ms. Carpenter noted that Aliant had completed a fiber build between Lincoln and Grand Island and was able to offer competitive services and provide residents a choice of companies to purchase local, long distance and internet services from one company. Mr. Atchity stated that Aliant had a commitment from St. Francis Medical Center to provide services for telemedicine and that other opportunities for knowledge and expertise would be opened up. Discussion was held on the time table for implementation of the network. It was noted that the Ordinance would be considered by the Council at the October 12, 1998 City Council Meeting. I I I Page 3, City Council Study Session, October 5, 1998 Discussion on Amending Procedures for Procurement of Coal. Gary Mader, Utilities Director, reported that the City's coal supply agreement with The Jacobs Ranch Mine was set to expire in December and that bids would be solicited to continue the coal supply to Platte Generating Station and that over the past five years that had been extensive consolidation of ownership of mines in the Powder River Basin area which reduced the number of potential bidders for the City's business. Mr. Mader stated that coal suppliers had indicated to the City that the very public bid and award process used by the City for coal purchases caused the suppliers' concern and made them reluctant to provide their best price knowing that the price would be distributed widely. Mr. Mader recommended that the City adopt a policy for fuel procurement that would provide confidentiality for those contracts as provided in Nebraska Statutes 84-712.05. Councilmember Murray questioned whether other municipalities released coal prices. Mr. Mader responded that Hastings would not nor would OPPD. Councilmember Pielstick questioned whether there were any guarantees that the City would receive a lower bid. Mr. Mader responded that there were no guarantees and that this would strictly be a business decision by the Council. Councilmember Preisendorf spoke in support of the bids being kept confidential and stated that he believed no other Council action was required to allow for this. The consensus of the Council was to allow the Utilities Department to follow a policy for fuel procurement that would provide confidentiality for those contracts as provided in Statutes. Discussion on Noise Ordinance. This item was rescheduled. Discussion on Change to Police and Fire Pension Plan for Record Keeping Administration. Chuck Haase, Finance Director, reported that the Police and Fire Pension Committee had voted to cancel the existing pension contract with Principal Financial Group and enter into a new contract through ICMA Retirement Corporation. Councilmember Murray questioned whether there would be penalties for doing so. Mr. Haase responded that the current agreement did not have a term but that the City was required to notify the company. Councilmember Lueth questioned whether there was a substantial cost savings with ICMA. Mr. Haase stated that cost was not the issue but that education and ability to obtain information were key considerations. Mr. Haase added that the providers had been asked to submit a bid for services and Principal had submitted a bid that was considered. It was noted that this item would be before the Council at the October 12, 1998 City Council Meeting. Discussion on License Agreement Policies. This item was rescheduled. Adiournment. The meeting was adjourned at 9:26 p.m. Re/fectfully sUb~itted,. . Ull~- ,;< &~1Wv-rsvJ- Cindy K.- C~t~rig1t City Clerk I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING October 12, 1998 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 7, 1998. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Mehring, Pielstick, Seifert, Whitesides, Lueth, Murray, Samuelson and Sorensen. Councilmembers Preisendorf and Hosier were absent. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, Finance Director Chuck Haase, City Attorney Charlie Cuypers, and Public Works Director Wayne Bennett. PLEDGE OF ALLEGIANCE was said, followed by INVOCATION given by Reverend Alicia Ring, Trinity United Methodist Church. REOUEST FOR TIME TO SPEAK: 10 individuals reserved time to speak on agenda items. I PRESENTATIONS AND PROCLAMATIONS: Presentation of Community Development Award for Excellence. Jeri Garroutte, Community Development Director, reported that at their annual meeting, the Nebraska Chapter of the National Association of Housing Redevelopment Officials recognized Grand Island with a first place award for the implementation of the successful "Upper Level Downtown Rental Rehabilitation Program" . Cindy Cartwright, City Clerk, reported that October 25-31, 1998 had been proclaimed World Population Awareness Week. PUBLIC HEARINGS: I Public Hearing on Change of Land Use Designation. Dave Barber, Regional Planning Director, reported that Robert M. Allen Family, Limited Partnership, 1115 West 2nd Street, Hastings, Nebraska, had submitted a request to rezone the property located south of 13th Street and north of Faidley Avenue between Highway 281 and Webb Road from "CD" (Commercial Development) and "TA" (Transitional Agriculture) zones to "B2" (General Business) zone to allow for commercial retail and business development at this site. It was noted that the Regional Planning Commission, at their October 7, 1998 meeting, unanimously recommended approval. Ron Depue, attorney representing Robert Allen, spoke in support of the request and asked that the Council consider suspension of the rules for adoption of the Ordinance in one evening inasmuch as the Regional Planning Commission had recommended approval. Mike Yost, representing Olsson Associates, 201 East 2nd Street, was available for questioning. Mark Hunzinger, representing JG Conestoga, L.L.C., stated that the Conestoga Mall had concerns with traffic patterns on 13th Street inasmuch as the proposed entrance to the new development I I I Page 2, City Council Regular Meeting, October 12, 1998 was directly across the street from the Conestoga Mall and could cause congestion. No additional public testimony was heard. Public Hearing on Acquisition of Utility Easement Southwest of Highway 281 and Faidley Avenue. Gary Mader, Utilities Director, reported that acquisition of utility easements and rights-of-way located southwest of Highway 281 and Faidley Avenue was required in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers, for development of the area by R & T Development Corporation. No public testimony was heard. Public Hearing on Request of Bank of Wood River for Renewal of Conditional Use Permit. Craig Lewis, Building Inspections Director, reported that on September 9, 1996, the City Council approved a request of the Bank of Wood River for a Conditional Use Permit for temporary placement of a modular unit at 1333 North Webb Road and that the permit had been issued for a two-year period of time. It was noted that Mr. Craig Moyer, President, representing the Bank of Wood River, 1333 North Webb Road, Grand Island, Nebraska, had submitted an application with the City Clerk's Office for renewal of the Conditional Use Permit to allow for continued temporary placement of the modular unit with an anticipated construction of a permanent facility to be completed by summer, 1999. No public testimony was heard. ORDINANCES: #8401 - Approving Downtown Improvement and Parking District #1 Occupation Tax on Third and Final Reading. It was noted that the rate was $.0964 per square foot of public use space, with a minimum annual tax of $86.15. Motion by Samuelson, second by Murray, carried unanimously to adopt #8401 on its third and final reading. #8404 - Approving Amendments to City Code. Various Chapters. Relative to Fees on Third and Final Reading. Motion by Sorensen, second by Samuelson to adopt #8404 on its third and final reading. Councilmember Mehring noted that the year end revenue reports and expenditure report showed that revenue was greater than projected and suggested that the fee increases might need to be reconsidered. City Attorney Charlie Cuypers reported that the ordinance could be changed if minor amendments were made but that if major changes occurred the adoption process would need to be re-initiated. City Administrator Dale Iman noted that the fee schedule had been discussed at two study sessions and during budget hearings and meetings and that the staff generally projected conservative revenues. Mr. Iman noted that the fees are designed to cover the cost of service in an effort to offset property taxes. Councilmember Mehring moved to amend Ordinance #8404 to delete any increases in the Building Inspections fees. Second by Pielstick. Councilmember Whitesides noted that the fees had been reviewed and that Council could discuss individual fees at any time. Councilmember Murray stated that he was opposed to amending the ordinance and any further review of the fees at this time. Councilmembers Mehring and Pielstick withdrew their motions to amend. Roll call vote was taken on the motion to adopt #8404 on its third and final reading. Upon roll call vote, motion was adopted unanimously. #8405 - Approving Amendment to City Code Relative to Licensing of Plumbing Apprentices and Gas Fitter Apprentices. Motion by Sorensen, second by Seifert, carried unanimously to I I I Page 3, City Council Regular Meeting, October 12, 1998 adopt #8405 on its third and final reading. Councilmember Seifert confirmed that this action would allow applicants to become licensed in a shorter period of time. #8407 - Approving Conveyance of Former City Hall On Second Reading. Dale Shotkoski, Assistant City Attorney, reported that at the City Council Meeting of September 28, 1998, Council adopted on first reading Ordinance #8407 providing for the sale of the former City Hall, 208 North Pine Street to Albers Development Co., a Nebraska Corporation, in the amount of $160,000. Motion by Lueth, second by Sorensen to adopt Ordinance #8407 on its second reading. Councilmember Mehring questioned the requirement to provide 85 parking places. City Administrator Dale Iman noted that the purchase agreement did not call for reserved parking but that the City would provide at no charge parking in public lots and that there would be 85 spaces in public parking. Councilmember Pielstick stated that the contract provided for parking for the buyer's sole use and asked if the contract could be amended to delete the word "sole". Assistant City Attorney Dale Shotkoski reported that the contract stated that public parking would remain available and he would check with the buyer to see if he was open to the change. Councilmember Whitesides requested that the change be negotiated prior to the third reading of the ordinance. Motion by Pielstick, second by Seifert to remove the word "sole" from the purchase agreement. Councilmember Murray stated that he would feel more comfortable having the Assistant City Attorney negotiate the change rather than require it by vote. Councilmembers Pielstick and Seifert withdrew their motions. Roll call vote was taken on the motion to adopt #8407 on its second vote. Upon roll call vote, Mehring, Seifert, Whitesides, Lueth, Murray, Samuelson and Sorensen voted aye. Pielstick voted nay. Motion adopted.:. #8402 - Creation of Business Improvement District #2. This item was removed from the Agenda at the Request of the Downtown Improvement Board. Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days and that ordinances numbered: #8408 - Creation of Street Improvement District #1210 #8409 - Creation of Street Improvement District #1211 #8397 - Consideration of Change of Land Use Designation for Property Located South of 13th Street and North of Faidley Avenue Between Highway 281 and Webb Road from Commercial Development (CD) and Transitional Agriculture (T A) to General Business (B2). #8410 - Consideration of Amendment to City Code Relative to Prohibition of Compression Brakes #8413 - Consideration of Change to Police Pension Plan for Record Keeping Administration #8414 - Consideration of Change to Fire Pension Plan for Record Keeping Administration be considered for adoption upon first reading and then upon final passage 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 motion. Second by Seifert. Upon roll call vote, motion was adopted unanimously. I I I Page 4, City Council Regular Meeting, October 12, 1998 Mayor: Is there any discussion? Is there anyone in the audience interested in any of the ordinances? No comments were heard. Clerk: Ordinances #8408, #8409, #8397, #8410, #8413, and #8414 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 #8408, #8409, #8397, #8410, #8413 and #8414 on their final passage. All those in favor of the passage of these ordinances on final reading, 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 #8408, #8409, #8397, #8410, #8413 and #8414 are declared to be lawfully passed and adopted upon publication as required by law. #8411 - Consideration of Adoption of Telecommunications Ordinance. Charlie Cuypers, City Attorney, reported that as discussed at the City Council Study Session of October 5, 1998, the City Attorney's Office had prepared Telecommunications Ordinance #8411 which provided requirements for registration, license and franchise agreements, plan review fees, use of rights of way, and fees. Councilmember Seifert spoke in support of adopting the Ordinance on first and final reading. Councilmember Mehring and Lueth stated that they had received correspondence from US West asking that the ordinance only be considered on first reading, inasmuch as they had not had an opportunity to review the changes. Mike Atchity, general manager for Aliant, stated that Aliant would like to see the ordinance expedited as they have invested several million dollars in the project. Councilmember Whitesides noted that at last week's meeting Aliant had indicated that they were not pushing to have the ordinance adopted on first and final readings. Jim Cadwallader, 3115 Woodridge Boulevard, representing US West, spoke against approving in one evening. Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinance numbered: #8411 - Consideration of Adoption of Telecommunications Ordinance be considered for passage on the first and final readings 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, Seifert, Whitesides, Murray, Sorensen, and Samuelson voted aye. Mehring, Pielstick and Lueth voted nay. Motion to suspend the rules failed. Motion by Seifert, second by Pielstick, carried unanimously to adopt Ordinance #8411 on its first reading. #8412 - Consideration of Enaction of Ordinance #8412 Considering the Designation and Elimination of Truck Routes. Councilmember Lueth stated that she had placed this item on the agenda at the request of residents of the Engleman School area who had expressed an interest in implementing traffic modifications along Capital Avenue which included eliminating Capital Avenue as a truck route from Engleman Road to North Road and designating 13th Street as a truck route from Highway 281 to Engleman Road. Councilmember Seifert spoke in opposition I I I Page 5, City Council Regular Meeting, October 12, 1998 to designating 13th Street as a truck route because of the congestion near K-Mart and Walmart and instead recommended that the traffic be diverted to Highway 2 or Highway 30, and asked that Engleman Road be designated as a truck route. Motion by Mehring, second by Lueth to adopt #8412 on its first reading. Councilmember Seifert moved to table until traffic counts could be completed and the issue could be more thoroughly studied. Second by Sorensen. Upon roll call vote to table, Seifert, Sorensen, Samuelson and Whitesides voted aye. Mehring, Lueth and Murray voted nay. Pielstick was absent at the time the vote was taken. Motion failed. Councilmember Whitesides spoke in support of additional study. Councilmember Murray moved to amend the Ordinance to eliminate the reference to 13th Street as a truck route and refer back to Study Session for discussion of possible replacement truck routes. Councilmember Seifert questioned where the traffic would be directed in the meantime. City Administrator Dale Iman reported that state law allowed the trucks to take the closest route to designation once leaving the truck route. Councilmember Lueth spoke in support of rerouting to Highway 2. Dan Duran, West Capital Avenue, and Calista Campbell, 4050 West Stolley Park Road, spoke in opposition to designating 13th Street as a truck route. Councilmember Seifert offered a friendly amendment to designate Engleman Road as a truck route within City limits. The amendment was accepted. Councilmember Pielstick suggested reviewing all truck routes for proximity to schools. Councilmember Samuelson noted that the main issue with Engleman School was the absence of sidewalks. Roll call vote was taken on Councilmember Murray's motion to amend Ordinance #8412 to delete designation of 13th Street as a truck route and to include Engleman Road as a truck route. Upon roll call vote, Mehring, Pielstick, Seifert, Lueth, Murray, Samuelson and Sorensen voted aye. Whitesides voted nay. Motion adopted. Roll call vote was taken on main motion to adopt #8412 on first reading with amendment. Upon roll call vote, all voted aye. Motion adopted. CONSENT AGENDA: Motion by Pielstick, second by Seifert, carried unanimously to approve the Consent Agenda, with the exception of item G-9. Minutes of September 28. 1998 City Council Special Meeting. September 28. 1998 City Council Regular Meeting and October 5. 1998 City Council Study Session. Councilmember Samuelson abstained from voting on the Minutes of the October 5, 1998 City Council Study Session as he was absent. Approving Request of Chris Aubert for Liquor Manager Designation - Pump & Pantry #15. 2028 East Highway 30. Approving Request of Judy Niemann for Liquor Manager Designation - Pump & Pantry #11. 2nd and Cleburn Street. Approving Request of Richard Schwieger for Liquor Manager Designation - Platt-Duetsche Corporation. 1315 West Anna Street. Approving Request of Coad Miller for an Exception to the Council Policy Relative to Driveway Setback Requirements for the Property at 602 West North Front Street for Construction of a Driveway 55' from the Corner of North Front Street and Elm Street. Approving Appointments of Councilmembers Whitesides and Seifert. and Ron Bishop. Gary Mader. Wayne Bennett. and Dale Iman to the Dewatering Pilot Proiect Committee. I I I Page 6, City Council Regular Meeting, October 12, 1998 Approving Request of Bank of Wood River for Renewal of Conditional Use Permit for Temporary Placement of Modular Unit at 1333 North Webb Road for a TwoYear Period of Time. #98-245 - Approving Final Plat and Subdivision Agreement for Baker's Second Addition Subdivision, Located West of Arthur Street and North of First Street. #98-246 - Approving Certificate of Final Completion for Sanitary Sewer Project #97-S-7, West Basin Interceptor. #98-247 - Approving Certificate of Final Completion for Sanitary Sewer Project #97-S-12, West Basin Interceptor. #98-248 - Awarding Bid for Buechler Park Bandstand Renovation to Nelson Contracting, Grand Island, Nebraska, in the Amount of $22.583. #98-249 - Awarding Bid for Fonner Park Softball Complex Multi Purpose Building to Chief Construction, Grand Island, Nebraska, in the Amount of $97.563. #98-253 - Approving Acquisition of Utility Easement Southwest of Highway 281 and Faidley Avenue. #98-254 - Approving Agreement with Clean Community System in the Amount of $3,000 for JASP Program. #98-255 - Approving Agreement with Clean Community System in the Amount of $15,000 for Solid Waste Management Services. #98-250 - Approving Traffic Modification at 11th Street from Ruby Street to Custer Street. Motion by Seifert, second by Mehring, carried unanimously to approve the reduction of the speed limit from Ruby Street to Custer Street to 20 miles per hour and the erection of school zone slgnage. #98-251 - Approving Placement of Stop Sign at 11th Street and Beal Street. #98-252 - Approving Extension of School Zones on Capital Avenue Easterly 150' From Current Placement. REOUESTS AND REFERRALS: Approving Preliminary Plat for Meadowlark West Third Subdivision, 63 Acres of Land Located South of 13th Street and West of Highway 281. Ron Depue, attorney representing Robert Allen, Mike Yost, representing Olsson Associates, and Mark Hunzinger, representing JG Conestoga, spoke on the issue. Motion by Pielstick, second by Seifert to approve. Councilmember Pielstick questioned whether a traffic study of 13th Street had been conducted. Dave Barber, Regional Planning Director, reported that it had and would make it available to the Council. Councilmember Seifert questioned the long range plans for a traffic signal on 13th Street between Highway 281 and Webb Road. Wayne Bennett, Public Works Director, I I I Page 7, City Council Regular Meeting, October 12, 1998 reported that the traffic engineering study had indicated that 13th Street south of the mall would generate traffic sufficient to warrant a traffic light when the property was fully developed. Councilmember Whitesides expressed concern that the traffic light would be inefficient like that on Diers Avenue and 13th Street. Mr. Bennett responded that the traffic light on 13th would be nearer to the center of the area and not off centered like Diers Avenue. Upon roll call vote to approve the Preliminary Plat, all voted aye. Councilmember Lueth was absent at the time the vote was taken. Motion adopted. Denial of Request of Dale and Donna Peer. 4060 Cannon Road. for License Agreement for Construction of Fence to be Placed Approximately One Foot Within the Property Line. Charlie Cuypers, City Attorney, reported that Dale and Donna Peer, owners, 4060 Cannon Road, had submitted an application for a License Agreement for the construction of fencing to be placed approximately l' within the property line. Mr. Cuypers noted that the fence would limit access to a 40' easement from neighbors abutting north of property. Motion by Murray, second by Samuelson to deny the request. Richard Carlson, 4039 Manchester, Bill Raile, 4051 Manchester, and Karen Bredthauer , 4063 Manchester, spoke in opposition. Councilmember Mehring questioned whether the applicants had been given an indication that the request would be denied. Mr. Cuypers responded that the applicants were told that they would need a license agreement and that staff would recommend denial. Upon roll call vote to deny the request, all voted aye. Motion adopted. Approving Request of Gary Wood. 2006 East Seventh Street. for Extension of Non- Conforming Use. Craig Lewis, Building Inspections Director, reported that Gary Wood, 2006 East 7th Street, had submitted a request for an extension to a current non-conforming use to allow for construction of an addition to the home located at 2006 East 7th Street and that approval was recommended inasmuch as the addition would not appear to negatively impact neighboring properties. Motion by Pielstick, second by Murray, carried unanimously to approve. RESOLUTIONS: #98-256 - Approving Grant Application to Intermodal Surface Transportation Enhancement Program for Construction of Shoemaker Trail. Steve Paustian, Parks and Recreation Director, reported that the City of Grand Island proposed to apply for assistance from the Intermodal Surface Transportation Enhancement Program for the purpose of constructing segments of the Shoemaker Hiker/Biker Trail from Shoemaker School to Westridge Middle School and that the total cost of the project was $240,000, with the City's portion being 20% or $48,000. Calista Campbell, 4050 Stolley Park Road, Belinda Wessels, 429 North Arapahoe, Carl Hughes, principal at Shoemaker, and Doug Winder, 4355 Cambridge, spoke in support. Councilmember Pielstick noted her support for the project. Motion by Seifert, second by Sorensen, carried unanimously to approve. #98-257 - Approving Agreement with State of Nebraska for $75.000 Family Preservation and Support Grant. Cindy Cartwright, Public Information and Records Management Director, reported that representatives from the Nebraska Children and Families Foundation had met with City staff on September 24, 1998 and reviewed the progress on the 1997-1998 goals and approved the City's continuation plan for 1998-1999, which included community wide youth initiative, intergenerational program, and minority component as well as funding for School I I I Page 8, City Council Regular Meeting, October 12, 1998 Resource Officer Program. It was noted that an agreement providing for year two funding in the amount of $75,000 had been received. Motion by Sorensen, second by Seifert to approve. Upon roll call vote, Pielstick, Seifert, Whitesides, Lueth, Samuelson, Sorensen, and Murray voted aye. Mehring voted nay. Motion adopted. #98-258 - Approving Adoption of Community Connections Program. Cindy Cartwright, Public Information and Records Management Director, reported that as discussed at the City Council Study Session of July 20, 1998 and during the budget meetings, the 1998-1999 Annual Budget, Family Preservation and Support Division, contained $10,000 for the implementation of the "Community Connection" Neighborhood Association Program that consisted of matching grant funds up to $1,000 for projects forwarded by a neighborhood association, and that an additional $3,000 had been budgeted for the promotion, publicity, and advertisement of the program. Motion by Sorensen, second by Seifert to approve. Upon roll call vote, Pielstick, Seifert, Whitesides, Lueth, Samuelson, Sorensen and Murray voted aye. Mehring voted nay. Motion adopted. #98-259 - Approving Resolution of Support for Legislative Resolution #428, Relative to Unlicensed, Uninsured Vehicles. Beverly Gowlovech, 412 East Hall, asked that the Council consider a Resolution of Support for Legislative Resolution #428. Motion by Seifert, second by Pielstick, carried unanimously to approve. #98-260 - Approving Parking Modification In the 200 Block of Woodland Drive and Ramada Road from South Locust Street to Highway 34 Relative to Establishing No Parking Between the Hours of 8 p.m. and 6 a.m. Motion by Mehring, second by Seifert, carried unanimously to approve. #98-261 - Denying Reduction of Speed Limit on Capital Avenue to 25 Miles Per Hour from Independence A venue to Engleman Avenue. Councilmember Lueth noted that as discussed at the City Council Study Session of October 5, 1998, the City had received a request to lower the speed limit on Capital A venue to 25 miles per hour, a reduction from the current 35 miles per hour limit. It was noted that on Wednesday, October 7, 1998, the Public Works Department had conducted a traffic study in the area and that the majority of the traffic surveyed appeared to be area residents including parents picking up children at Engleman School, traveling at an average speed of 36 miles per hour. Wayne Bennett, Public Works Director, reported that the Public Works Department recommended denial, based on the strong potential that the reduced speed limit would create a false sense of security and lead to ticketing of otherwise, safe, and conscientious neighborhood drivers. Motion by Lueth, second by Sorensen to reduce the speed limit to 25 miles per hour. Councilmember Murray stated that people travel at speeds that are safe based on the area's conditions and noted that 35 miles per hour was the recommended speed limit for the area. Councilmember Lueth noted that if the speed limit were reduced, enforcement would be critical. Councilmember Samuelson stated that the reduction to 25 miles per hour was not practical. Doug Winder, 4355 Cambridge, and Jerry Johnson, 4236 West Capital Avenue, spoke in support of the reduction. Charlie Cuypers, City Attorney, noted that he agreed with the Public Works recommendation and stated that there were libraries full of engineering studies on determination of speed limits. Upon roll call vote to reduce the speed limit, Pielstick, Sorensen, Whitesides, Lueth and Seifert voted aye. Mehring, Samuelson and Murray voted nay. Mayor Gnadt did not vote. Motion failed. I I I Page 9, City Council Regular Meeting, October 12, 1998 PAYMENT OF CLAIMS: Motion by Samuelson, second by Lueth, carried unanimously to approve the Claims for the period of September 29, 1998 through October 12, 1998, claim #65577, #68815, #69022, and #69457 through #69852. ADJOURNMENT: The meeting was adjourned at 9:23 p.m. Respectfully submitted, n I ^ rJ I 1,( GJJ\~r\~)1- ~!<e-aitW}ight J City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION October 19, 1998 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 October 14, 1998 Grand Island Independent. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Mehring, Pielstick, Hosier, Seifert, Whitesides, Lueth and Murray. Councilmembers Sorensen, Preisendorf and Samuelson were absent. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, and Finance Director Chuck Haase. Discussion on Proposed Amendment to Employee Pension Plan to Include Daily Dimensions Program. Chuck Haase, Finance Director, reported that the General Pension Committee had requested an amendment to the General Pension Plan to provide for the Daily Dimensions Program. It was noted that the Daily Dimensions Program would allow employees 24 hour a day, seven day a week access to account balances, contribution allocation information, requesting balance statements, and investment performance information. Councilmember Seifert questioned whether there was expense to the City for adding this service. Mr. Haase responded that there was not an expense. Councilmember Murray noted that it appeared there would be more options for employees to manage their pension plans. Councilmember Mehring spoke in support but wanted to ensure that the employees were not going to lose their retirement funds. Mr. Haase noted that the State of Nebraska provided an overview of pension plans but it was ultimately the employees' responsibility. Discussion on Stolley House Renovation Options. Steve Paustian, Parks and Recreation Director, reported that he and Craig Lewis, Building Inspections Director, had reviewed the options for the renovations of the Stolley House at Stolley Park and had determined there were basically four options, ranging from renovation as close as possible to original construction maintaining all historical features to doing nothing. Councilmember Murray questioned when the City acquired the property and started using it as a residence. Mr. Paustian stated that the City acquired the House when the Park was turned over from the State to the City and that it had been used as a residence for the last 20 years or so. Councilmember Murray questioned why problems had not been brought forward before. Mr. Paustian noted that some repairs had been done over the past years and that materials and electrical and furnace work had been completed but that available funding in the Parks Department did not provide for major renovation. Councilmember Pielstick asked if Foundations had been solicited for renovation costs. Mr. Paustian stated that the renovation did not lend itself to original renovation condition due to costs. Councilmember I I I Page 2, City Council Study Session, October 19, 1998 Mehring spoke in support of phasing in the repairs over a multi-year period of time. Councilmembers Murray and Lueth spoke in support of repairing the essential, critical needs. Mr. Lewis stated that he and Mr. Paustian could prepare a list of repairs that would make the property livable, weather proofed and address longevity issues. Councilmember Pielstick spoke in support of breaking down the repairs over a three year period of time. Mayor Gnadt and Councilmember Lueth spoke in support of having Mr. Paustian and Mr. Lewis work together to develop a repair/renovation plan. Herb Roeser, 2305 Park Drive, and Carlene Denman, 1621 South US Highway 281, spoke in support of maintaining the facility and noted they were descendants of the Stolley family. Delores Nance, 2061h East Ashton Street, reported that she and her family were honored to have the opportunity to live in the house and would fix it up as best they could but some repairs were beyond their ability. Councilmember Lueth spoke in support of contacting Stuhr Museum and Hall County Historical Society to check on available funding. Discussion on Functions of Health Department. Councilmember Mehring stated that he had asked that this item be placed on the agenda to discuss the potential for relocating the Health Department to the Old City Hall. City Administrator Dale Iman stated that the provision of space for the Health Department was an obligation of the County and that the joint City/County Committee was determining the interest in using the old Southern Nebraska Rural Public Power District building. Mr. Iman noted that the private developer who was entering into an agreement to purchase the former City Hall could potentially rent space to the County for the Health Department. Councilmember Pielstick questioned what the rates would be. Mr. Iman noted that the rates had not yet been made available. Councilmember Whitesides spoke in support of utilizing the Southern building for a single function, not several departments. Councilmember Seifert spoke in support of utilizing the building for a Health Department and noted that hundreds of people used the services of the Health Department and the former City hall was not ADA accessible. Councilmember Lueth noted that the Southern building had been vacant for two years and no better use had been identified. Ms. Lueth added that the Health Department operations had greatly improved over the last two years. Councilmember Whitesides spoke in agreement but noted his opposition to using the Southern building for the Health Department. Councilmember Murray stated that the proposal from the private developer was a good one and space could still be available for the Health Department. Bruce Dart, Health Department Director, reported that the Health Department gave over 900 shots last month. Margaret Etheridge, 1429 Stagecoach Road, spoke in support of the Health Department and noted that the Health Board had completed a review of functions in 1996 which had been presented to the City Council in 1997. Dr. Michael Horn, 3120 Brentwood Circle, spoke as a past member of the Board of Health and noted that the Board had worked very hard to examine the role and mission of the Health Department. Discussion was held on education provided to people who receive services at the Health Department. Discussion on Noise Ordinance. Assistant City Attorney, Dale Shotkoski, reported that at Council's request he had researched noise ordinances adopted by various cities and had drafted an ordinance for the City of Grand Island based on one in use by Lincoln. It was noted that the I I I Page 3, City Council Study Session, October 19, 1998 ordinance provided for it to be unlawful for any person to operate any radio, tape player, compact disc player, stereophonic sound system or similar device in or upon any street, alley or public place in such a manner as to be audible to other persons in such public place more than fifty (50) feet from the source. Councilmember Whitesides questioned whether there would be time limits. Mr. Shotkoski noted that time limits were not considered. Councilmember Murray questioned whether Lincoln had problems with enforcement. Mr. Shotkoski noted that they had not prosecuted a lot of cases but that the ordinance was being used as a tool. Councilmember Seifert thanked the City Attorney's Office and asked that the ordinance be brought forward to next week's Council meeting. Discussion on Council Action Relative to Ordering in Sidewalks North of Stolley Park Road. Councilmember Lueth noted that she had anticipated the Resolution adopted by Council relative to the ordering in of sidewalks north of Stolley Park Road would encompass the area from Harrison Street west to the St. Joseph Railroad. It was determined that a resolution providing for this would be prepared for the October 26, 1998 City Council Meeting. Adjournment. The meeting was adjourned at 8:15 p.m. Respectfully submitted, C~K~~~~ City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING October 26, 1998 Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Grand Island, Nebraska was held in the Council Chambers of City Hall, 100 East First Street. Notice of the meeting was given in the Grand Island Independent on October 21, 1998. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Mehring, Pielstick, Hosier, Seifert, Whitesides, Lueth, Samuelson, Murray and Sorensen. Preisendorf was absent. The following City Officials were present: Acting City Administrator Charlie Cuypers, City Clerk Cindy Cartwright, Finance Director Chuck Haase, and Public Works Director Wayne Bennett. PLEDGE OF ALLEGIANCE was said, followed by INVOCATION given by Reverend Tim Anderson, St. Stephen's Episcopal Church. RESERVE TIME TO SPEAK ON AGENDA ITEMS: Eight individuals reserved time to speak on agenda items. PUBLIC HEARINGS: Public Hearing: on Request of Wireless II. LLC. dba Nebraska Wireless Telephone Company. for Erection of Telecommunications Tower at 1516 South Locust Street. Craig Lewis, Building Inspections Director, reported that Randy Blair, on behalf of Wireless II, L.L.C. dba Nebraska Wireless Telephone Company, 1512 South Locust Street, had submitted a request for a Conditional Use Permit to allow for the erection of a telecommunication tower at 1516 South Locust Street to provide wireless communication services. Randy Blair, 1512 South Locust Street, spoke representing Nebraska Wireless and provided information on the need for the tower. Buzz Douthit, 1608 Ando, spoke in opposition to the tower. No additional public testimony was heard. Public Hearing on Request of Wireless II. LLC. dba Nebraska Wireless Telephone Company for Erection of Telecommunications Tower at 2915 West Highway 34. Eric Benson, 2217 West Koenig Street, Sandi Yoder, 1717 Church Street, and Meta Armstrong, 2616 Arrowhead, spoke in opposition to the placement of the tower at this location, indicating that it significantly impacted the aesthetics of the area, particularly in relation to Stuhr Museum. No additional public testimony was heard. Public Hearing on Request of Wireless II. LLC. dba Nebraska Wireless Telephone Company for Erection of Telecommunications Tower at 3721 West Highway 2. No public testimony was heard. Public Hearing on Request of La Mexicana. Inc.. 385 North Pine Street. for Class "D" Liquor License. Cindy Cartwright, City Clerk, reported that Mr. Adolfo Flores, 1312 North Lincoln, representing La Mexicana, Inc., 619 North Washington, had submitted an application with the City Clerk's Office for a Class "D" Liquor License to allow for the sale of spirits, wine, beer, _I I I Page 2, City Council Regular Meeting, October 26, 1998 off sale only. The following exhibits were presented for the record: application submitted to the Liquor Control Commission and received by the City Clerk's Office on October 8, 1998; notice to general public of date, time, and place of hearing published on October 14, 1998, notice to the applicant of date, time, and place of hearing mailed on October 9, 1998, Chapter 4 of City Code and departmental reports as required by law. Thomas Wagoner, attorney representing La Mexicana, spoke in support. No other public testimony was heard. Public Hearing on Acquisition of Utility Easement Near the Intersection of Second Street and Locust Street. Gary Mader, Utilities Director, reported that acquisition of utility easements and rights-of-way located behind 112 West 2nd Street which is part of Lot 7, Block 66, Original Town, was required in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers, to service the old City Hall which requires rewiring as well as the remainder of Block 66. No public testimony was heard. ORDINANCES: #8407 - Approving Conveyance of Former City Hall. Dale Shotkoski, Assistant City Attorney, reported that at the City Council Meeting of October 12, 1998, Council adopted on second reading Ordinance #8407 providing for the sale of the former City Hall, 208 North Pine Street and that questions had been raised regarding the purchase agreement, specifically the availability of parking. Mr. Shotkoski stated that the City Attorney's Office had further contact with the proposed buyer and had worked at a new paragraph which provides that if the two public parking lots considered in the agreement should at any future date no longer be available as public parking facilities, the City agreed that for any spaces removed or lost, that new spaces would be created as public parking spaces within 500 feet of the former City Hall building site. Motion by Murray, second by Mehring, carried unanimously on third and final reading. #8411 - Consideration of Telecommunications Ordinance. Charlie Cuypers, City Attorney, reported that at the City Council Meeting of October 12, 1998, Council adopted on first reading Ordinance #8411 providing requirements for telecommunications carriers and providers plan review fees, use of rights of way, and fees. Mr. Cuypers noted that he would be presenting the proposed fees to Council at the next meeting. Motion by Seifert, second by Lueth, carried unanimously to approve on second amendment with suggestion made by Mr. Cuypers as to elimination of requirement for licensed professional engineer to sign off on the review. Andy Pollock, Brooks, Pansing, Brooks, PC, Lincoln, attorney representing F & S Fiber, and Cable USA, voiced concerns with the fees and fee structure indicating that the proposed structure might inhibit competition. Upon roll call vote to adopt on second reading, all voted aye. Motion adopted. #8412 - Consideration of Elimination of Capital Avenue from Engleman Road to North Road as a Truck Route and Designation of Engleman Road as Truck Route. Motion by Lueth, second by Seifert, carried unanimously to approve. #8415 - Consideration of Amendment to Employee Pension Plan Relative to Addition of Daily Dimensions Program. This item was pulled from the agenda at the request of staff. I I I Page 3, City Council Regular Meeting, October 26, 1998 #8416 - Consideration of Adoption of Noise Ordinance. Dale Shotkoski, Assistant City Attorney, reported that as discussed at the City Council Study Session of October 19, 1998, the City Attorney's Office had prepared a noise ordinance to address community concerns relative to the noise level resulting from boom boxes and car stereos. Mr. Shotkoski added that the Ordinance had been drafted from a similar one currently in force in Lincoln, Nebraska, and provided that it would be unlawful for any person to operate any radio, compact disc player, or similar device which reproduces or amplifies radio broadcasts in or upon any street, alley, or other public place in such a manner as to be audible to other persons in such public place more than fifty (50') feet from the source. Jason Meister, 716 Pleasantview Drive, spoke in opposition to the ordinance and voiced concerns with its enforcement. Councilmember Whitesides asked what the ability of the Police Department and City Attorney's Office would be in enforcing the ordinance. Mr. Shotkoski responded that it would be used as a tool and that Lincoln had not experienced major controversy or concern with their ordinance. Councilmember Whitesides offered a friendly amendment to include times when the ordinance would be in effect, after 10 p.m. Councilmember Seifert did not accept the friendly amendment. Deputy Police Chief Gary Piel added that the ordinance was, in some effect, subjective but that the Police Department would enforce it as other laws and see how the courts and public received it. Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinance numbered: #8416 - Consideration of Adoption of Noise 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 and final reading and call for a roll call vote on each reading and then upon final passage. Second by Seifert. Upon roll call vote, motion was adopted unanimously. Mayor: Is anyone in the audience interested in any of the ordinances? There was no further comment. Clerk: Ordinance #8416 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 #8416 on its final reading. 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 first reading and then upon final passage, Ordinance #8416 is declared to be lawfully passed and adopted upon publication as required by law. I I I Page 4, City Council Regular Meeting, October 26, 1998 CONSENT AGENDA: Councilmember Mehring requested that G-6 and G-9 be removed from the Consent Agenda. Motion by Mehring, second by Pielstick, carried unanimously to adopt the Consent Agenda. Receipt of Official Documents Including Downtown Improvement Board Meeting Minutes of September 8. 1998. Library Board Meeting Minutes of September 14. 1998. and Civil Service Commission Minutes of August 21. 1998. Approval of Minutes of October 12. 1998 Citv Council Regular Meeting and October 19. 1998 City Council Study Session. Councilmember Samuelson abstained from voting on the minutes of the October 19,1998 City Council Regular Meeting as he was absent. Approving Request of Philip D. Goetz for Liquor Manager Designation - PH. Inc.. dba Pizza Hut. 2004 North Broadwell. Approving Request of La Mexicana. Inc.. 385 North Pine Street. for a Class "D" Liquor License. Approving Request of Ronald Bodie for Liquor Manager Designation - La Mexicana. Inc.. 385 North Pine Street. #98-262 - Awarding Bid for Trees and Shrubs for the St. Joseph Hiker/Biker Trail to Earl May Garden Center. Grand Island. Nebraska. in the Amount of $21.305. #98-263 - Awarding Bid for Commercial Turf Mower to Landell-Thelen. Shelton. Nebraska. in the Amount of $6.431. #98-264 - Awarding Bid for Softball Complex Lighting to Heartland Electric. Grand Island. Nebraska. in the Amount of $62.631. #98-265 - Awarding Bid for Industrial Tractor Loader to Third City New Holland. Grand Island. Nebraska. in the Amount of $38.885. #98-266 - Approving Agreement with Crisis Center for Funding in the 1998-1999 Annual Budget in the Amount of $10.200. #98-267 - Approving Agreement with Family Violence Coalition for Funding in the 1998- 1999 Annual Budget in the Amount of $4.080. #98-268 - Approving Agreement with Retired Senior Volunteer Program for Funding in the 1998-1999 Annual Budget in the Amount of $6.120. #98-269 - Approving Agreement with Senior Citizens Industries for Funding in the 1998-1999 Annual Budget in the Amount of $15.000. I I I Page 5, City Council Regular Meeting, October 26, 1998 #98-271 - Approving Acquisition of Utility Easement Near the Intersection of Second Street and Locust Street. #98-272 - Approving Certificate of Final Completion for Sanitary Sewer District #487. Arch A venue. #98-270 - Approving Request of Dodge Elementary School for No Parking on Both Sides of Oak Street from the South Boundary of the Playground to Bismark Street. Wayne Bennett, Public Works Director, reported that Rich Daly, Principal of Dodge School, had requested a parking modification which provided for "No Parking" on both sides of Oak Street from the south boundary of the playground to Bismark Street and that the City was recommending approval of the request with the exception of the hours when school was closed. Mr. Bennett noted that this would address the concern relative to access to the ball fields and parks, particularly in the summer months. Paul Buck, 419 East Nebraska, spoke in support of providing access to the park. Motion by Samuelson, second by Pielstick, carried unanimously to approve. #98-273 - Approving Parking Modification on Swift Road Relative to Establishment of a No Parking Zone. Wayne Bennett, Public Works Director, reported that Anthony Jorgensen, General Manager, Monfort, Inc., 555 South Stuhr Road, had submitted a request for a parking modification which provided for "No Parking" on both sides of Swift Road from Stuhr Road to the main entrance to the Wastewater Treatment Plant. Motion by Samuelson, second by Pielstick, carried unanimously to approve. Councilmember Whitesides spoke in support of the request noting the safety concerns. Paul Buck, 419 East Nebraska, spoke in opposition. This request is due to congestion and safety concerns related to the heavy truck traffic. REQUESTS AND REFERRALS: Consideration of Request of Wireless II. LLC. dba Nebraska Wireless Telephone Company for Conditional Use Permit for Erection of Telecommunications Tower at 1516 South Locust Street. Motion by Seifert, second by Whitesides, carried unanimously to table the request to allow for further review. Consideration of Request of Wireless II. LLC. dba Nebraska Wireless Telephone Company for Conditional Use Permit for Erection of Telecommunications Tower at 2915 West Highway 34. Motion by Seifert, second by Whitesides, carried unanimously to table for further review. Consideration of Request of Wireless II. LLC. dba Nebraska Wireless Telephone Company for Conditional Use Permit for Erection of Telecommunications Tower at 3721 West Highway 2. Motion by Seifert, second by Whitesides, carried unanimously to table for further review. Approving Request of High Quality Housing. 4020 West Stolley Park Road. for License Agreement for Installation of Wires in Right of Way. Motion by Sorensen, second by Pielstick, carried unanimously to approve. I I I Page 6, City Council Regular Meeting, October 26, 1998 Approving Request of Gary Schwieger for License Agreement for Placement of Fence on City Property at 700 East Memorial Drive. Motion by Sorensen, second by Pielstick, carried unanimously to approve. RESOLUTIONS: #98-244 - Approving Pole Agreement with F & S Fiber Systems. Dale Shotkoski, Assistant City Attorney, reported that as discussed at the City Council Meeting of September 28, 1998, the Utilities Department was recommending the approval of an agreement with F & S Fiber Systems, Kearney, Nebraska to provide for the installation of fiber optic cable in the Grand Island area and that the cost for use of the poles was $4 per pole. Motion by Mehring, second by Seifert, carried unanimously to approve. #98-274 - Approving Pole Agreement with Aliant. Dale Shotkoski, Assistant City Attorney, reported that the Utilities Department was recommending the approval of an agreement with Aliant, Lincoln, Nebraska to provide for the installation of fiber optic cable in the Grand Island area and that the cost for use of the poles was $4 per pole. Motion by Mehring, second by Seifert, carried unanimously to approve. #98-275 - Approving Ordering in Sidewalks Along Stolley Park Road to Include the Stretch From Blaine Street West to Storm Cell to the West Edge of the Saint Joseph Branch of the Union Pacific Railroad. Charlie Cuypers, City Attorney, reported that as discussed at the City Council Study Session of October 19, 1998, the Public Works Department was recommending a Resolution providing for the ordering in of sidewalks north of Stolley Park Road from Blaine Street to west boundary of the U.P .R.R. St. Joe line right-of-way. Mr. Cuypers noted that there was some confusion as to the Council's desire for area to be covered by the ordering in and that this Resolution was intended to clarify the area. Motion by Lueth, second by Samuelson, carried unanimously to approve. PAYMENT OF CLAIMS: Motion by Lueth, second by Seifert to approve the Claims for the period of October 13, 1998 through October 26, 1998, claim #19144, #69025, #69564, #69715, #69724, #69795, #69853 through #70401, minus duplicated payment to Island Sprinkler System on page 86 of the claims resulting in a payment to Island Sprinkler of $1,108.03. Councilmember Pielstick questioned the claim to Connie Swanson for $1,593.96 for picture frames. After discussion, the claim to Connie Swanson was pulled from the approved claims listing (claim #070237). Councilmember Whitesides abstained from voting on Claim #070180. Motion to approve the claims was adopted unanimously. ADJOURNMENT: The meeting was adjourned at 8:27 p.m. Respectfully submitted, h;rf:r~i~ d~~d~~~~a] I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING November 9, 1998 Pursuant to due call and notice thereof, a Regular City Council Meeting of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street on November 9, 1998. Notice of the meeting was given in the Grand Island Independent on November 4, 1998. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Mehring, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Lueth, Samuelson, Murray and Sorensen. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, City Attorney Charlie Cuypers, Finance Director Chuck Haase, and Public Works Director Wayne Bennett. RESERVE TIME TO SPEAK ON AGENDA ITEMS: Three individuals reserved time to speak on agenda items. PRESENTATIONS AND PROCLAMATIONS: Cindy Cartwright, City Clerk, reported that the Mayor had proclaimed November 11, 1998 Veterans Day in Grand Island, November, 1998 as National Hospice Month, November, 1998 as National Home Care Month, November 15, 1998 as America Recycles Day, and November 8, 1998 as World Town Planning Day. Maureen Nickols and youth from Wasmer School Spoke on November 15-21, 1998 as American Education Week. PUBLIC HEARINGS: Public Hearing on Acquisition of Utility Easement. Gary Mader, Utilities Director, reported that acquisition of utility easement and right-of-way located east of Broadwell Avenue and north of Roberts Street was required in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers, to serve agricultural services with underground electrical power and locate the padmount transformer close to the load center. No public testimony was heard. Public Hearing on Request of Tim Kolar for Renewal of Conditional Use Permit for Sand and Gravel Operation at 514 South Shady Bend Road. Craig Lewis, Building Inspections Director, reported that on December 2, 1996, the City Council approved a request of Tim Kolar for a Conditional Use Permit for a sand and gravel operation at 514 South Shady Bend Road for a two-year period of time and that Mr. Kolar had now submitted an application with the City Clerk's Office for renewal of the Conditional Use Permit to allow for continued operation. No public testimony was heard. ORDINANCES: #8411 - Consideration of Adoption of Telecommunications Ordinance. Motion by Seifert, second by Whitesides to approve. City Attorney Charlie Cuypers requested that Council I I I Page 2, City Council Regular Meeting, November 9, 1998 consider tabling the ordinance inasmuch as the Legal Department had been contacted by an attorney representing a telecommunications company and some legitimate questions had been raised. Mr. Cuypers noted that time did not provide for changes to be made prior to the Council meeting so he was requesting the issue be tabled until the next meeting. Councilmembers Seifert and Whitesides withdrew their motions. Motion by Pielstick, second by Sorensen to table Ordinance #8411 to the November 23, 1998 City Council Meeting. Upon roll call vote, motion was adopted unanimously. #8412 - Approving the Designation and Elimination of a Truck Route. Motion by Lueth, second by Seifert, carried unanimously Ordinance #8412 on third and final reading to provide for the elimination of Capital Avenue as a truck route from Engleman Road to North Road and to designate Engleman Road as a truck route. #8415 - Amendment to Employee Pension Plan Relative to Addition of Daily Dimensions Program. Chuck Haase, Finance Director, reported that as discussed at the City Council Study Session of October 19, 1998, an amendment to the employee pension plan providing for the addition of the "Daily Dimensions" Program was recommended and that the amendment allowed participants to transfer funds between investment accounts on a daily basis and would provide access to account balances, contribution allocation information, balance statements, and investment performance information. Mr. Haase noted that in addition, four more funds would be added to the plan options to allow a broad market approach to risk allocation. It was noted that the program would be implemented on or about January 1, 1999. #8417 - Creating Street Improvement District #1212, Ada Street. Wayne Bennett, Public Works Director, reported that a petition has been received from Kenneth Staab for the creation of Street Improvement District #1212 located in Ada Street from Stolley Park Road to the north line of Dawn Addition (South Street) to provide for the improvement of a street within the district by paving, curbing, guttering, storm drainage, and other incidental work in connection therewith. Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinances numbered: #8415 - Amendment to Employee Pension Plan Relative to Addition of Daily Dimensions Program #8417 - Creation of Street Improvement District #1212, Ada 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 final passage and call for a roll call vote on each reading and final passage. Motion was seconded by Samuelson. Mayor: Upon roll call vote, all voted aye. Motion adopted. Mayor: Is anyone in the audience interested in any of the ordinances? There was no additional public comment. I I I Page 3, City Council Regular Meeting, November 9, 1998 Clerk: Ordinances #8415 and #8417 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 #8415 and #8417 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 #8415 and #8417 are declared to be lawfully passed and adopted upon publication as required by law. CONSENT AGENDA: Mayor Gnadt noted that Resolution #98-289 had been pulled from the agenda. Motion by Pielstick, second by Lueth, carried unanimously to approve the Consent Agenda, with the exclusion of G-ll, #98-289. Receipt of Official Documents Including Civil Service Commission Minutes of October 1, 1998. Approving Minutes of October 26, 1998 City Council Regular Meeting. Councilmember Preisendorf abstained from voting on the minutes as he was absent from the meeting. Approving Request of Marlene Kay Swanson for Liquor Manager Designation for Nebraska Mil-Nic, Inc., dba Riverside Inn Lounge, 3333 Ramada Road. Approving: Appointment of Sue Pirnie to the Community Redevelopment Authority for a Term to Expire on October 10, 2003. #98-276 - Approving Acquisition of Utility Easement East of Broadwell Avenue and North of Roberts Street. #98-277 - Approving Final Plat and Subdivision Agreement for Ashton Place Second Subdivision. It was noted that the Subdivision was located immediately west of the intersection of Ingalls Street and Division Street and proposed to replat all of Lots 1, 2, 3,4, and 5, Block 20 and all of Lots 1, 2, 22, 23, and 24, block 21 of Ashton Place Subdivision into two new lots. #98-278 - Approving Final Plat and Subdivision Agreement for Elder Second Subdivision. It was noted that the Subdivision, located at the northeast corner of the intersection of Engleman Road and US Highway 30, proposed to replat existing Lot 1 of Elder Subdivision and create two additional lots for commercial use purposes. #98-279 - Approving Final Plat and Subdivision Agreement for Muhlbach Subdivision. It was noted that the Subdivision, located immediately east of Stuhr Road and approximately 900' north of Schimmer Drive, would create a 4.74 acre residential lot in order to create separate title to an established farmstead. #98-280 - Approving Final Plat and Subdivision Agreement for Pleasant Home Second Subdivision. It was noted that the Subdivision, located at the southeast corner of the I I I Page 4, City Council Regular Meeting, November 9, 1998 intersection of Sylvan Street and Hedde Street, proposed to consolidate two tracts of land into a new, single residential lot. #98-281 - Approving Final Plat and Subdivision Agreement for Ross Second Subdivision. It was noted that the Subdivision, located immediately south of Capital A venue and approximately 900' west of Independence Avenue, proposed to replat existing Lots 15, 16, 17, 18, and 19 of Ross First Subdividision into two new lots. #98-282 - Approving Change Order #1 to contract with J.J. Westhoff Construction Company for Cell 2 Liner Construction for the Regional Landfill in the Amount of $122.463, leaving: a revised contract amount of $1,644,681. #98-283 - Approving Certificate of Final Completion to Contract with J.J. Westhoff Construction Company for Cell 2 Liner Construction for the Regional Landfill. #98-284 - Approving 1999 City Council Meeting Schedule. #98-285 - Awarding Bid for Track Loader to Nebraska Machinery Company, Doniphan, Nebraska, in the Amount of $283,273 After Trade In. Councilmember Murray noted that only one bid had been received. #98-286 - Awarding Bid for Flail Cutter/Mower to Toners, Inc. Grand Island, Nebraska, in the Amount of $12,796. #98-287 - Awarding Bid for Cooling Tower Overhaul to Midwest Towers, Littleton, Colorado, in the Amount of $211.319. Councilmember Mehring noted that the low bid did not meet specifications. #98-288 - Awarding Bid for Bucket Truck to Teague Equipment Company, Denver. Colorado, in the Amount of $104.596. Councilmember Mehring noted that the bid was not being awarded to the low bidder inasmuch as the low bidder did not meet specifications. REOUESTS AND REFERRALS: Approving Request of Tim Kolar for a Conditional Use Permit For A Sand And Gravel Operation at 514 South Shady Bend Road For a Two Year Period of Time. Motion by Seifert, second by Sorensen, carried unanimously to approve. Discussion on Consideration of Suspension of Backflow Prevention Program. Councilmember Whitesides reported that he had received several comments from residents relative to the strict backflow prevention program and stated that he believed the program was overly restrictive, resulting in undue hardship to many property owners. Councilmember Whitesides suggested that perhaps the program could be toned down to alleviate the burden. Councilmember Sorensen agreed. Motion by Sorensen, second by Mehring to adopt amendments to the backflow program which would be less restrictive. Councilmember Pielstick questioned the need for the test fees. Gary Mader, Utilities Director, reported that the program was the result of an unfunded mandate and that in 1993 when the program had been implemented the staff had met with the elected officials and extensive discussion was held on the issue as evidenced by the minutes from January and February of 1993. City Attorney I I I Page 5, City Council Regular Meeting, November 9, 1998 Charlie Cuypers reported that a motion to suspend the program would be out of order and that an ordinance reflecting the amendment was needed. Mr. Cuypers reviewed the history of the backflow program. Councilmember Murray voiced his opposition to amending the program and suggested that the City work with Congressional representatives on the standards but that the City should not ignore the mandate. Councilmember Preisendorf stated that it was the Council's responsibility to ensure that the water supply was protected. Councilmember Seifert questioned the cost and asked if it could be spread out over a period of time. Councilmember Mehring noted for the record that he had a notice to install a backflow prevention device at one of his properties. Jim Reed, 2511 Lakewood Drive, spoke in opposition to the oppressive program. Randy Stueven, 233 Gunbarrel Road, suggested that an assessment of the program take place. Ralph Naber, 4017 West Capital, spoke on behalf of the Department of Health and Human Services and noted that other cities had even more intrusive ordinances. Motion by Whitesides, second by Pielstick to table to a Study Session for further discussion. Upon roll call vote, Mehring, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, and Lueth, Murray voted aye. Samuelson and Sorensen voted nay. Motion adopted. Discussion was held on whether the ordinance would be enforced while the issue was being revisited. City Administrator Dale Iman noted that because the ordinance was on the books, the staff had no option but to enforce it. Mr. Iman noted that the program had been in effect for 5 years and that 80 % of the properties had complied. Councilmember Whitesides stated that the residential installations had not yet started. Councilmember Murray suggested that experts in backflow be invited to the Study Session. Councilmember Seifert suggested that a videotape on backflow that had been reviewed by the Council when the program was implemented be aired on GITV. RESOLUTION: #98-290 - Approving Agreement with Cantor Fitzgerald Brokerage Relative to Emissions Allowance Program. Gary Mader, Utilities Director, reported that the Acid Rain Program granted all existing power plants S02 allowances based on a formula and operating history in the mid 1980's and that due to the relatively low S02 emissions, Platte Generating Station was classified as a Phase II unit and had allowances assigned for year 2000 to the future. Mr. Mader noted that current operating characteristics predicted PGS would have an annual allowance excess of 500-900 which were currently trading for $167-$177 and that it was the recommendation of the Utilities Department to enter into an agreement with the brokerage firm of Cantor Fitzgerald to sell or buy, if necessary, S02 allowances. Motion by Sorensen, second by Lueth, carried unanimously to approve. PAYMENT OF CLAIMS: Motion by Lueth, second by Samuelson to approve the claims for the period of October 27, 1998 through November 9, 1998, claim #66529, #67675, #67967, and #70402 through #70925. Councilmember Whitesides abstained from voting on Claim #070641. Councilmember Preisendorf abstained from voting on Claims #070537 and #070714. Motion to approve claims was adopted unanimously. EXECUTIVE SESSION: Motion by Samuelson, second by Lueth, carried unanimously to adjourn to Executive Session at 8:36 p.m. to discuss a proposed Labor Union Agreement. RETURN TO REGULAR SESSION: Motion by Mehring, second by Lueth, carried unanimously to return to Regular Session at 10:02 p.m. I I I Page 6, City Council Regular Meeting, November 9, 1998 ADJOURNMENT: The meeting was adjourned at 10:02 p.m. RetllY SllbmK, Cindy K. C~ight City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION November 16, 1998 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 November 16, 1998. Notice of the meeting was given in the Grand Island Independent on November 11,1998. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Mehring, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Lueth, Samuelson, Murray and Sorensen were present. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, and Finance Director Chuck Haase. Discussion on Request for Erection of Telecommunication Towers. Craig Lewis, Building Inspections Director, reported that as discussed at the City Council Meeting of October 26, 1998, Nebraska Wireless had requested a Conditional Use Permit for the erection of telecommunication towers on Highway 2, Highway 34 and South Locust Street. Randy Blair, 1512 South Locust Street, stated that a number of things were needed to have an effective telecommunication tower, including transmission space, and height, indicated that the engineers had looked at a number of locations and were able to develop a proposal that included a monopole design less than 150' in height. Mr. Blair stated that the first primary site was the Central Community College property, but the State declined this site due to the vicinity of the residential homes. Mr. Blair added that the second site was the Stuhr Museum site; this was not pursued due to the property being owned by the County. It was noted that additional sites were reviewed but were not adequate due to the City's regulations on setback and ownership issues. Mr. Blair noted that the McCoy site was ultimately chosen inasmuch as no variances were required. Mr. Blair noted that since the Council tabled this issue, additional sites had been reviewed. Mr. Blair offered to lower tower sites from 150' to 100', provide greenery and shrubbery, table the action on the McCoy site and make application for a tower site at LE Ray Park but would ask that the City move forward with approval of the other two sites. Mr. Blair noted that over 60 employees would be hired as a result of this expansion and that there would be a payroll of over $4 million. Councilmember Pielstick supported bringing the other two sites forward at the next Council meeting. Edie Westwood, 1210 South Claude Street, voiced opposition on behalf of Pinnacle Properties for the proposed site on South Locust Street and questioned what type of security fencing and landscaping would be included. Casey Hehnke, 615 Ivy Hall Place, owner of properties on Hedde Street, spoke in support of the proposed project citing increase in jobs, economic development, and voiced no opposition to the site on South Locust Street. Councilmember Whitesides questioned the amount of broadcast range reduced as a result of the decrease in the height of the tower from 150' to 100'. Mr. Blair indicated that the broadcast footprint would be reduced, resulting in a decrease in the area to be I I I Page 2, City Council Study Session, November 16, 1998 served. Mr. Blair spoke on the security measures anticipated which included a block type wall that would be secured and that the pegs for the towers did not begin until 35'. Jack Schultz, 2221 West Anna Street, spoke in support of an industry such as this locating in Grand Island. Eric Benson, 2217 West Koenig, spoke in opposition to the proposed location on Highway 34. Councilmember Pielstick spoke in support of locating the tower at the LE Ray Park Lake site. Councilmember Mehring questioned the number of towers in the community. Craig Lewis, Building Inspections Director, reported that there was no definite number as yet because there had previously not been approval required but that it was estimated there were 6-12 along Highway 281 corridor. Bud W olbach, 2617 Apache Road, board member of Stuhr Museum, read a statement adopted by the Stuhr Museum at their meeting of November 16, 1998 which voiced concern for the placement of a tower at the proposed site on Highway 281. Councilmember Preisendorf questioned whether the Stuhr board addressed the decrease in height to 100'. Sandi Yoder, Stuhr Museum, noted that the lower height certainly reduced visibility from some sites but remained visible from other sites. Councilmember Murray questioned the stated effect on potential movies. Ms. Yoder stated that the films likely to film at Stuhr Museum were lower budget movies and the necessary editing would be expensive. Ms. Yoder noted that additional screening was planned at Stuhr Museum. Mr. Benson reiterated that five of the proposed six locations were non-controversial and that it was hoped that a mutually beneficial site could be found. Councilmember Lueth spoke in support of continuing to work on finding an appropriate site. Councilmember Pielstick asked if the other two sites were approved next week would the delay on the third location be detrimental to the plans. Mr. Blair stated that if a solution were found in 90-120 days that would be workable. Craig Lewis, Building Inspections Director, reported that if the tower were lowered from 150' to 100' there would be added flexibility as to placement of the tower. The consensus of the Council was to bring for the two non-controversial Conditional Use Permits at the next meeting. Discussion with Hall Countv Historical Society Relative to Stollev House. Councilmember Lueth noted that this discussion was brought to the Council's attention during the budget hearings when the necessary repairs were discussed. Ms. Lueth spoke in support of maintaining the house as a historical home and stated that with the Historical Society's involvement there might be a way to accomplish this. Craig Lewis, Building Inspections Director, reviewed the deficiencies in the unit and renovation costs. Gene Budde, representing the Historical Society, stated that the Board did not have a solution for the Stolley House but were deeply concerned and would recommend that the Mayor establish a task force to study the future of the home and include in the plan any future repairs or rehabilitation recommended by the Nebraska State Historical Society. Mr. Budde reiterated that the Historical Society would not support demolition or relocation of the facility. Jim Sander, 218 North Harrison, spoke in support of restoring the property. Councilmember Mehring spoke in support of restoring the facility and to review the potential for the waterfall, sod house, and other specialized features. Councilmember Preisendorf agreed with Councilmember Mehring. Bob Luther, 509 North Custer, stated that the zoo had not appropriately utilized a building that he and the Boy Scouts had renovated. Councilmember Lueth spoke in support of the proposed Committee and asked that the issue be brought before the City Council at the next meeting. Mike Nance, 206 1/2 East Ashton, Zoo Director, stated that the residence was part of the salary package promised to him. I I I Page 3, City Council Study Session, November 16, 1998 Councilmember Mehring stated that by increasing the attractions at the zoo, revenue would be increased. Councilmember Pielstick spoke in support of restoring the home and working with the zoo to address the salary package issue. Councilmember Lueth recommended that a member of the Zoological Society be included on the committee. Sandi Yoder, Stuhr Museum director, spoke on the Stuhr's policy of requiring an endowment fund be established prior to bringing any buildings onto the Museum property. Joe Wicks, president of Zoological Society, reported that in 1989 the City had turned over the Stolley House to the Zoological Society for their use and that the City would make all repairs and maintenance. Mr. Wicks stated that funding available for the repairs and maintenance was limited and that primarily available funds were used for the zoo property. Mr. Wicks added that having to pay the zoo director's rent was a strain on the finances of the zoo. Mary Ingraham, friend of the zoo, stated that Dr. Nance should be compensated for his inability to live in the house as promised. Chuck Haase, board member of the Zoological Society, spoke in support of the efforts that the zoo was taking to improve the zoo and make it more appealing to citizens. George Overfield, 2023 West LaMar, stated that a commitment had been made to Dr. Nance in his salary agreement and that it made sense to have a veterinarian on staff and stationed close by the zoo. Councilmember Mehring spoke in support of reviewing Dr. Nance's salary package. Councilmember Pielstick asked why the Council had not been apprised of the situation prior to the budget hearings. Mr. Wicks explained that the Zoological Society was an ongoing board and that members served voluntarily and that not all the Board members had been aware of the condition of the home. Mr. Wicks noted that when the condition of the house was known, it was immediately brought to the attention of the City's Parks and Recreation Director. Councilmember Murray spoke in support of the establishment of the Task Force. Mayor Gnadt spoke in support of utilizing the $15,000 in this year's budget to make the house livable and at the same time appoint the committee and have them develop long range plan which includes a funding source. Dale Iman, City Administrator, reported that no structural changes would be made with the budgeted funds which would negatively impact the historical value of the house. Councilmember Seifert questioned if there were contingency funds available in the budget. Mr. Iman responded that there was $40,000-$50,000 in capital contingency funds. Councilmember Mehring reviewed the original request for funding and noted that what was being requested should not jeopardize the historical nature. Councilmember Pielstick questioned the time line for initial repairs. Mr. Lewis responded that the bathroom remodel was a big dollar repair and that the funding could be split half to the outside to prevent further deterioration and half to the repairs on the inside and that the repairs would take 30-60 days. Councilmember Lueth asked for input from the Stolley descendants. Herb Roeser, 2305 Park Drive, Carlene Denman, 6125 South US Highway 281, and Fred Roeser, 4262 Michigan Avenue, spoke in support of restoring the home. Councilmember Preisendorf stated that the City had a responsibility to the zoo for providing a home for the zoo director. Dr. Nance stated that he had a preliminary view for the future of the zoo. Councilmember Lueth spoke in support of reallocating the $15,000 in the budget toward housing allowance for Dr. Nance and wait for the report from the Task Force and asked that the budget amendment be forwarded to the next Council meeting. Councilmember Pielstick agreed with Councilmember Lueth. Break taken at 9:00 p.m. Meeting resumed at 9:10 p.m. Discussion on Purchase of AS/400 Mainframe Computer. Chuck Haase, Finance Director, spoke on the anticipated purchase of a AS/400 mainframe computer as included in the 1998-1999 I I I Page 4, City Council Study Session, November 16, 1998 Annual Budget and noted that Data Processing had projected to replace or upgrade the current computer which was five years old. Mr. Haase noted that staff had reviewed potential computers and supported the purchase of an IBM AS/400 due to performance, familiarity, and GSA pricing. Mr. Haase stated that several issues relative to the purchase would be presented to the Council at the next Council meeting for consideration. Councilmember Pielstick questioned the budget funding included. Mr. Haase responded that $198,000 had been included. Councilmember Seifert questioned the Internet accessibility. It was noted that this issue would be brought before the Council at the next meeting. Review of Year End Financial Report. Chuck Haase, Finance Director, presented the Year End Financial Review and reviewed the City's revenue policy which includes stability, sufficiency, efficiency, simplicity, equity, growth, reliability and continuity, full cost recovery, and maximization. Paul Moeller, Accounting Manager, explained the operation summary, encumbrance system, audit report, debt and fund balance of over $8 million. Councilmember Murray commented that the five year budget projections would be beneficial to Council. Discussion on Backflow Prevention Program. Councilmember Whitesides discussed the reasons he brought the issue forward and noted there were two options, including leaving the backflow program in as exists or abolishing the program. Mr. Whitesides suggested that there be a compromise position which included all commercial backflow properties remaining in place, further commercial property would require backflow determined on a case by case basis, residential properties would no longer be required to have backflow installed with the exception of underground sprinkler systems upon the time of a service interruption. Mr. Whitesides noted that the current program caused hardship on property owners. Councilmember Seifert stated that if the entire program were thrown out the City might have liability issues from those who have already installed the devices. Councilmember Pielstick stated that constituents believed the program to be intrusive. Councilmember Mehring asked for staff s recommendation. Dale Iman, City Administrator, stated that staff had not had an opportunity to meet and review the issue, did not run the videotape as requested, and could not get all the appropriate people together for a meeting. Craig Lewis, Building Inspections Director, stated that there were options available such as new services, financing, at time of house sale, and others but more time was needed to review the program. Mr. Lewis reviewed the reasons the program had been implemented and outlined the hazards associated with lack of program. Councilmember Sorensen suggested that the City could do a better job of educating residents. Councilmember Lueth questioned when residential inspections were required. Mr. Lewis stated that inspections were done upon installation. Councilmember Lueth noted that the property owners experienced a significant charge for installation. Bob Luther, Luther Plumbing, spoke on the costs associated with the installation of the backflow devices. Councilmember Seifert suggested Mr. Lewis tape a program on GITV to educate the public. Councilmember Mehring asked how many devices were installed on a daily basis. Mr. Lewis responded approximately two inspections per day or 15-20 per week. Councilmember Mehring questioned how many other communities were doing inspections/installations. Mr. Lewis stated that Lincoln and Hastings had those type of programs but had no idea of cost. Larry Hoes, 2118 Brahma, spoke in support of the program in the private sector. Councilmember Pielstick questioned if duplex units were considered residential or commercial. Mr. Lewis responded that the designation depended on use. Councilmember Whitesides questioned what a break in the water service was. Clark Kalkowski, Plumbing I I I Page 5, City Council Study Session, November 16, 1998 Inspector, responded that a water service break occurred with break in main, water had to be shut off at street to replace the hand valve in the front, or if the water meter stopped running and did not register usage. Mr. Lewis, in response to question by Councilmember Pielstick, noted that the requirement for lawn sprinklers be tested every five years had been changed by the State. Councilmember Murray stated that he had a concern with relaxing the program to address only commercial properties which were threats to the system inasmuch as it would be difficult to determine which properties were threats to the system. Councilmember Preisendorf suggested that the staff be given additional time to review the program and make proposed changes. Mayor Gnadt stated that he had received one telephone call on the issue relative to establishing a payment plan for installation. The Mayor recommended allowing time for the staff to meet to discuss the current program and recommend changes. Councilmember Sorensen stressed the need for public information on this issue. Councilmember Whitesides spoke in support of educating the public, and addressing the financial burden of the program if the shut off letters were discontinued until the program was reviewed. Mr. Lewis stated that the Ordinance was on the books now and would need to be enforced and would recommend that we leave the program in place and work toward a quick solution. Councilmember Sorensen asked that the letters to residential property owners be discontinued during the interim. Mr. Lewis responded that he would be opposed to stopping the letters but could follow up the with a personal visit to explain the program. Bob Smith, Assistant Utilities Director, said that surveys were required to be distributed by the end of the year. Councilmember Lueth recommended that the letter be revised to exclude the statement that the water supply would be shut off in 48 hours. It was the recommendation that the staff review the existing program and return to Council with proposed amendments in January. Adiournment: The meeting was adjourned at 11 :00 p.m. Respectfully submitted, ~tlJA cK CM~ Cindy ~Oktwright City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING November 23, 1998 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 November 23, 1998. Notice of the meeting was given in the Grand Island Independent on November 18, 1998. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Mehring, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Lueth, Samuelson, Murray and Sorensen. The following City Officials were present: Acting City Administrator Charlie Cuypers, City Clerk Cindy Johnson, Finance Director Chuck Haase, and Assistant Public Works Director Bud Buettner. PLEDGE OF ALLEGIANCE was said, followed by musical entertainment by Voices of the Island Men's Choir, directed by Joni Ramsey. PRESENTATION AND PROCLAMATION: The Mayor and City Council recognized Irene Abernethy for her contributions to County government. PUBLIC HEARING: Public Hearing on Proposed Amendment to City Code to Provide for An Administrative Approval for Subdivisions. Dave Barber, Regional Planning Director, reported that Ordinance #8427 provided for a modification to the City Code relative to allowing an administrative approval process for replats which were consistent with the local zoning and subdivision regulations without requiring approval from either the Regional Planning Commission or the local elected bodies. Mr. Barber explained that the administrative approval would decrease the approval time for a standard subdivision from 30 days to 5 working days; reduce the subdivision filing fees by 90% (to $25); reduce the average survey costs associated with the preparation of and final plat by about 30 %; provide guarantees to the municipality that lot line adjustments were occurring in a manner that does not jeopardize compliance with current zoning and building code requirements. It was noted that the Regional Planning Commission, at their meeting of November 4, 1998, voted unanimously to approve the amendment. No public testimony was heard. ORDINANCES: Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinances numbered: I I I Page 2, City Council Regular Meeting, November 23, 1998 #8418 - Creation of Water Main District #429, Platte Valley Industrial Park #8419 - Creation of Sanitary Sewer District #489, Platte Valley Industrial Park 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 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 Preisendorf. Upon roll call vote, the motion to suspend the rules was approved unanimously. Motion adopted. Mayor: Is anyone in the audience interested III any of the ordinances? There was no additional public comment. City Clerk: Ordinances #8418 and #8419 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 #8418 and #8419 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 #8418 and #8419 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: #8421 - Creation of Street Improvement District #1213, Downtown Alleyway #8422 - Creation of Street Improvement District #1214, Downtown Alleyway #8423 - Creation of Street Improvement District #1215, Downtown Alleyway #8424 - Creation of Street Improvement District #1216, Downtown Alleyway #8425 - Creation of Street Improvement District #1217, Downtown Alleyway 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 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, the motion to suspend the rules was approved unanimously. Motion adopted. Mayor: Is anyone in the audience interested in any of the ordinances? Tim O'Neill, 1203 South Sylvan, questioned the cost associated with the property owners bringing the electrical service into the building from the main line. Gary Mader, Utilities Director, reported that the I I I Page 3, City Council Regular Meeting, November 23, 1998 costs would vary depending on needs. Councilmember Seifert questioned the City's investment in the project. Mr. Mader stated that the Utilities Department would bury the primary lines and the property owners would be responsible for connecting to the primary line and that the City was expending approximately $65,000-$75,000 per block to bury the primary lines. Councilmember Murray questioned the next step in the event the sanitary sewer project was petitioned out. Bud Buettner, Assistant Public Works Director, stated that the projects would be separated for bonding purposes. City Clerk: Ordinances #8421, #8422, #8423, #8424, and #8425 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 #8421, #8422, #8423, #8424, and #8425 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 #8421, #8422, #8423, #8424, and #8425 are declared to be lawfully passed and adopted upon publication as required by law. #8426 - Consideration of Amendment to City Code Relative to Pet License Tax. City Attorney Charlie Cuypers reported that Ordinance #8426 provided for a change to Chapter 37 of the City Code for the annual dog or cat license tax for an unneutered or an unspayed animal from $15 to $18 and a change in the fee for neutered or spayed animal from $7.50 to $8. #8427 - Consideration of Amendment to City code Relative to Providing for An Administrative Approval Process for Subdivisions. Dave Barber, Regional Planning Director, reported that this item related to the aforementioned Public Hearing and provided for a modification to the City Code relative to allowing an administrative subdivision approval. #8428 - Consideration of Conveyance of Property In Platte Valley Industrial Park to Nebraska Truck Center. Charlie Cuypers, City Attorney, reported that at the City Council Meeting of July 14, 1997, the City entered into an Agreement for Warranty Deed with Nebraska Truck Center, Inc. (by Resolution #97-200) to purchase 13.1 acres of property located at the Platte Valley Industrial Park and that Nebraska Truck Center was requesting an additional 1.25 acres of land in the Platte Valley Industrial Park at a purchase price of $3,956.25 per acre. Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinances numbered: #8426 - Consideration of Amendment to City Code Relative to Pet License Tax #8427 - Consideration of Amendment to City Code Relative to Providing for An Administrative Approval Process for Subdivisions #8428 - Consideration of Conveyance of Property in Platte Valley Industrial Park to Nebraska Truck Center I I I Page 4, City Council Regular Meeting, November 23, 1998 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 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 Murray. Upon roll call vote, the motion to suspend the rules was approved unanimously. Motion adopted. Mayor: Is anyone in the audience interested In any of the ordinances? There was no additional public comment. City Clerk: Ordinances #8426, #8427, and #8428 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. Councilmember Hosier voted against #8426. Councilmember Pielstick voted against #8427. Councilmember Whitesides abstained from voting on #8426. Motion adopted. City Clerk: Ordinances #8426, #8427, and #8428 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. Councilmember Hosier voted against #8426. Councilmember Pielstick voted against #8427. Councilmember Whitesides abstained from voting on #8426. Motion adopted. Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinances #8426, #8427 and #8428 are declared to be lawfully passed and adopted upon publication as require by law. #8429 - Consideration of Ordinance Amending Fees for Building Inspections, Fire Services, and Police Services. Councilmember Mehring stated that he had brought this issue forward in response to the year end revenue report and noted that the revenue for these budgets had come in higher than projected thereby reducing the need for the increase in fees. Councilmember Mehring moved to return the fees to what they were last year. Second by Whitesides. Chuck Haase, Finance Director, presented information on the fee structure and reviewed the Council's policy on revenue. Craig Lewis, Building Inspections Director, Jim Rowell, Fire Chief, and Deputy Police Chief Gary Piel, reviewed the revenues for their respective departments. It was noted that the Building Inspections Department projected conservatively on revenue not knowing what the building activity would be and that a history of the last 17 years showed fees collected were in proportion with expenditures and building permits issued. Mr. Haase stated that if functions were not supported by user fees they would have to be supported by something else. Councilmembers Mehring and Whitesides withdrew their motions to reduce the fees. Mr. Haase noted that the single biggest issue in the Police Department was the state aid to municipalities which was listed as a revenue. Chief Rowell noted that he had reviewed the history of revenues and expenditures for the last five years and although there was an increase in revenue this year due to the increase in ambulance billing collections, over the past five years the overall differential was $250,000 less revenue collected than expenditures made. Charlie Cuypers, City Attorney, suggested that the Council divide I I I Page 5, City Council Regular Meeting, November 23, 1998 Ordinance #8429 into three separate ordinances to address each department. City Clerk Cindy Johnson noted that #8429 would be for building fees; #8430 for fire department fees and #8431 for police department fees. Councilmember Murray spoke in opposition to the fee decrease. Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinances numbered: #8429 - Consideration of Ordinance Amending Fees for Building Inspections #8430 - Consideration of Ordinance Amending Fees for Fire Services #8431 - Consideration of Ordinance Amending Fees for Police Services 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 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 Lueth. Upon roll call vote, Mehring, Pielstick, Hosier, Whitesides, Lueth, and Sorensen voted aye. Seifert, Preisendorf, Samuelson and Murray voted nay. The motion to suspend the rules failed. Motion by Mehring, second by Lueth to approve #8429 on its first reading. Upon roll call vote, Mehring, Pielstick, Whitesides, Lueth, and Sorensen voted aye. Hosier, Seifert, Preisendorf, Samuelson and Murray voted nay. The Mayor cast the deciding vote in opposition to the motion. Motion failed. Motion by Mehring to adopt #8430 on its first reading. The motion died for lack of a second. No motion was made on Ordinance #8431. Because Ordinances #8430 and #8431 did not reach the floor for a vote, no Ordinances reflecting #8430 and #8431 as "Consideration of Ordinance Amending Fees for Fire and Police Services" have been prepared. #8411 - Consideration of Adoption of Telecommunications Ordinance. Charlie Cuypers, City Attorney, reported that at the City Council Meeting of October 26, 1998, Council adopted on second reading Ordinance #8411 providing requirements for telecommunications carriers and providers, plan review fees, use of rights of way, and fees. Councilmember Seifert moved to approve #8411 on its third and final reading. Second by Whitesides. Councilmember Pielstick stated that the packet of information provided by Mr. Pollock had come in too late for her to review. Councilmember Mehring questioned the rates and the effect the rates would have on smaller companies. Mr. Cuypers noted that the fees could be adjusted if necessary. Andrew Pollock, Brooks Pansing Brooks Law Firm, stated that his company represented a number of carriers who were opposed to #8411 and that although the City of Grand Island had a legitimate interest in regulating the use of its right of way, the fees were very imposing and out of line with the intent of the Telecommunications Act. Councilmember Seifert spoke in support of the ordinance. Discussion was held on the fee structure, including registration, I I I Page 6, City Council Regular Meeting, November 23, 1998 license and franchise fees. Mr. Cuypers noted that the three tiers were included to provide minimum amount of regulation for those firms who would not need regulated as a result of the type of service they would be providing. Bob Obst, 105 North Wheeler, stated that US West was not entirely supportive of all components of Ordinance #8411 but understood that the Ordinance could be modified at a later date. Councilmember Seifert recommended that the Ordinance be adopted as written and that it be reviewed in six months. City Attorney Charlie Cuypers suggested that a Mayor's Committee be appointed to review the ordinance prior to six months but as applications were submitted to the City. Sarah Bishop, representing Aliant, spoke in support of the ordinance. Councilmember Murray noted that a lot of time and input had been utilized in the development of the Ordinance. Upon roll call vote to adopt the Ordinance on its third reading, Mehring, Hosier, Seifert, Preisendorf, Whitesides, Lueth, Murray, Samuelson and Sorensen voted aye. Pielstick voted nay. Motion adopted. A break was taken from 9:50 p.m. to 9:58 p.m. CONSENT AGENDA: Councilmember Pielstick requested item G4a be removed from the Consent Agenda. Councilmember Whitesides requested item G9 be removed from the Consent Agenda. Councilmember Lueth requested item G3b be removed from the Consent Agenda. Motion by Mehring, second by Pielstick, carried unanimously to approve the Consent Agenda. Receipt of Official Documents/Bonds. Including Civil Service Commission Minutes of October 30. 1998. Downtown Improvement Board Minutes of October 20. 1998. Zoning Board of Adiustment Minutes of July 14. 1998 and bonds for Mayor Ken Gnadt and City Clerk Cindy K. Johnson. Approving: Minutes of November 9. 1998 City Council Regular Meeting and November 16. 1998 Citv Council Study Session. Approving Appointment of Marvin Webb to Regional Planning Commission for a Term to Expire November 1. 2001. #98-292 - Approving Continuation and Construction of Street Improvement District #121 L Cherry Street. #98-293 - Awarding: Contract for Coal for Platte Generating Station to Arch Coal Sales of St. Louis. Missouri. #98-294 - Awarding Bid for Locomotive Engine to Transglobal Rail. Inc.. of Johnston. Iowa. In the Amount of $98.858.48. #98-295 - Awarding Bid for Turbine and Boiler Stack Painting to Winters and Merchant. South Sioux City. Iowa. In the Amount of $115.000. #98-296 - Awarding Bid for Gas Turbine Stack Exhaust Silencer to Aeroacoustic Corporation. Rosell. New Jersey. In the Amount of $76.885. Plus Tax. I I I Page 7, City Council Regular Meeting, November 23, 1998 #98-297 - Awarding Bid for Police Vehicles to Anderson, Grand Island, Nebraska, In the Amount of $144,270. Councilmember Samuelson abstained from voting on this Resolution. #98-298 - Awarding Contract for AS/400 Computer Under State Contract #P81O, In the Amount of $106.488. #98-299 - Approving Certificate of Final Completion and Setting Date for Board of Equalization for Water Main District #424T, Sky Park Road from Capital Avenue to Airport Road. #98-300 - Approving Certificate of Final Completion for Sidewalk Project #1. #98-301 - Approving Certificate of Final Completion for Truck Scale for Transfer Station. #98-289 - Approving Change Order to Contract with Chief Construction Relative to Fonner Park Multi Use Building. It was noted that the net increase of the change order was $8,594, leaving a revised contract amount of $106,157. Approving Appointment of Councilmembers Lueth and Murray, and Dr. Michael Nance, Marvin Webb, John Amick, Pat Mader. Carline Denman, Herb Roeser, Don Deitemeyer, Steve Paustian and Craig Lewis to the Stollev House Committee. Motion by Seifert, second by Lueth, carried unanimously to approve. John Amick, 410 Amick Avenue, Doniphan, stated that the the Hall County Historical Society had not taken an official position on the issue but that ongoing maintenance until a resolution was approved was critical. #98-291 - Consideration of Continuation and Construction of Street Improvement District #1210, Roush Lane. Bud Buettner, Assistant Public Works Director, reported that Street Improvement District #1210, Roush Lane had been created on October 12, 1998 for the improvement of a street within the district by paving, curbing, guttering, storm drainage, and other incidental work in Roush Lane from Bellwood drive to the east line of Murry Subdivision and Kingswood Drive from Stolley Park Road south to Kingswood Trailer Park. It was noted 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 abutting owners represented 500 front feet or 11.8 % of the total district frontage of 4,221.32 feet submitted a protest, under the 50% required for discontinuation. Motion by Preisendorf, second by Whitesides to approve. Ray Lassonde, 1027 East Capital A venue, spoke against the District, voicing concern with the costs for the paving and sidewalk. Mr. Buettner reviewed the footage involved and the property owners who had protested the creation of the district. Councilmember Mehring questioned why Roush Lane and Kingswood districts had been combined. Charlie Cuypers, City Attorney, reported that the people who reside in Kingswood Estates also benefited from the paving of Roush Lane so the two were combined into a single district. Motion by Whitesides, second by Seifert, carried unanimously to table action on the issue until further discussion could be held at the Study Session of December 14, 1998. #98-302 - Recognition of Irene Abernethy for Contributions to County Government. Motion by Whitesides, second by Pielstick, carried unanimously to approve. I I I Page 8, City Council Regular Meeting, November 23, 1998 REOUESTS AND REFERRALS: Approving Request of Nebraska Wireless Telephone Company for Conditional Use Permit for Erection of Telecommunications Tower at 1516 South Locust Street. Motion by Seifert, second by Preisendorf to approve the request of Wireless II, L.L.c. dba Nebraska Wireless Telephone Company, 1512 South Locust Street, for a Conditional Use Permit to allow for the erection of a telecommunication tower at 1516 South Locust Street. Torn Schultz, 2124 Viking Road, spoke on behalf of Nebraska Wireless.Councilmember Seifert questioned the status of the third site. It was noted that discussions were taking place with Nebraska Wireless and property owners to locate the third location. Upon roll call vote, motion was adopted unanimously. Approving Request of Nebraska Wireless Telephone Company for Conditional Use Permit for Erection of Telecommunications Tower at 3721 West Highway 2. Motion by Seifert, second by Preisendorf, carried unanimously to approve the request of Nebraska Wireless II, dba Nebraska Wireless Telephone Company, 1512 South Locust Street, for a Conditional Use Permit to allow for the erection of a telecommunication tower at 3721 West Highway 2. Approving Budget Reappropriation for Zoological Society. Chuck Haase, Finance Director, reported that the City Council approved $15,000 for repairs and maintenance of the Stolley House in the 1998-1999 annual budget and that these funds were provided in the General Fund Department 147 Zoo. It was noted that no formal Council action was required to reallocate the purpose from repairs and maintenance to housing support or down payment assistance within the same department. Motion by Seifert, second by Lueth to approve the reappropriation. Councilmember Lueth spoke in support of looking at the Zoological Society's long term needs and asked that the issue be placed on the December 14 Study Session. Councilmember Mehring stated that the outside of the property should be maintained during the winter seasons to reduce indoor wear and tear. Steve Paustian, Parks and Recreation Director, noted that the Parks Department would winterize the facility. Councilmember Preisendorf spoke in support of the Zoo Board looking at a housing allowance for Dr. Nance and to let the Historical Society lease the house for a nominal sum along with other historical sites at the zoo. Councilmember Murray stated that he hoped the Stolley House Committee would be able to return to the City Council within 4-6 months with a recommendation. Upon roll call vote to approve the reappropriation, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Lueth, Murray, Samuelson and Sorensen voted aye. Mehring voted nay. Motion adopted. RESOLUTIONS: #98-303 - Approving Agreement with Nebraska Truck Center Relative to Conveyance of Property in Platte Valley Industrial Park. Charlie Cuypers, City Attorney, reported that Nebraska Truck Center, Inc. had indicated an interest in purchasing 13.1 acres of land in the Platte Valley Industrial Park and 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 Seifert, carried unanimously to approve. I I I Page 9, City Council Regular Meeting, November 23, 1998 #98-304 - Approving Agreement with Central Nebraska Humane Society. Charlie Cuypers, City Attorney, reported that for many years the City of Grand Island had provided funding to the Central Nebraska Humane Society to administer and enforce the City's animal code and that the 1998-1999 Annual Budget provided funding in the amount of $110,000 for the Central Nebraska Humane Society. It was noted that a contract formalizing this funding was presented for consideration. Motion by Sorensen, second by Seifert, carried unanimously to approve. Councilmember Whitesides abstained from voting on this Resolution. #98-305 - Approving Agreement with Enron Power Marketing Pertaining to Acts of God. Gary Mader, Utilities Director, reported that on May 4, 1996, the City Council adopted Resolution #96-138 which approved a bilateral enabling agreement with Enron Power Marketing, Inc., and that the agreement set forth the contract terms for the City to purchase, sell, or exchange electric energy and capacity with Enron. Mr. Mader added that Enron had requested that an amendment to the agreement be considered to make changes to the "Uncontrollable Forces" provisions. Motion by Sorensen, second by Seifert, carried unanimously to approve. #98-306 - Approving Amendment to Community Redevelopment Authority (CRA) Plan and Authorizing Tax Increment Financing for Housing Development. Dianne Kelley, CRA Director, reported that on June 27, 1994, the City Council created the Community Redevelopment Authority to enhance the opportunities for housing and commercial development within the City, enabling the City of Grand Island to compete with surrounding communities in providing quality housing for its citizens, and attracting development to areas of the community that have remained stagnant and underdeveloped. Ms. Kelley added that the City subsequently adopted a Redevelopment Plan to provide a blueprint for development projects and that Fred Hoppe, representing G.!. Cherry Park, Ltd. Two, had submitted a redevelopment project which was within the project area and that had been determined to be feasible and in conformity with the general plan for the development of the City as a whole and the Redevelopment Plan. It was noted that the CRA, at their meeting of November 17, 1998, approved a resolution authorizing the execution, delivery and performance of a redevelopment contract with G.!. Cherry Park, Ltd. Two and that the contracts, upon execution, would authorize a bank loan to the CRA, for a period not to exceed 15 years, for the gross amount of $479,700 and that of this amount, $73,258 would be placed in escrow for payment of project expenses to the CRA and the tax shortfalls in the first two yeas. Ms. Kelley explained that the net grant amount to the redeveloper was $406,442 which was provided for in the Community Redevelopment Authority's 1998-1999 budget. Motion by Sorensen, second by Seifert, carried unanimously to approve. #98-307 - Approving Extension of Agreement with Western Area Power Administration. Gary Mader, Utilities Director, reported that on March 4, 1991, the City entered into an agreement with Western Area Power Administration (W AP A) for the purchase of power and energy and that the agreement was scheduled to expire on December 31, 2000. Mr. Mader explained that the Utilities Department was recommending a contract extension to December 31, 2020, as well as an amendment to the contract which would allow W AP A more flexibility in the operation of the Missouri River system, recognized the improved accuracy of the digital watt hour meters and included the City's Integrated Resource Plan as meeting W AP A requirements. Motion by Sorensen, second by Seifert, carried unanimously to approve. I I I Page 10, City Council Regular Meeting, November 23, 1998 #98-308 - Reiecting Amendment to User Fee Schedule. Motion by Mehring, second by Lueth to reject Resolution #98-308. PAYMENT OF CLAIMS: Motion by Lueth, second by Whitesides, carried unanimously to approve the Claims for the period of November 10, 1998 through November 23, 1998, claim #70460, #70590, and #70926 through #71354. Councilmember Samuelson abstained from voting on Claim #070949. EXECUTIVE SESSION: Motion by Mehring, second by Samuelson, carried unanimously to adjourn to Executive Session at 10:35 p.m. to discuss a Personnel Matter. RETURN TO REGULAR SESSION: Motion by Mehring, second by Lueth, carried unanimously to return to Regular Session at 11 :00 p.m. ADJOURNMENT: The meeting was adjourned at 11 :00 p.m. Respectfully submitted, ~hm~ City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING December 7, 1998 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, Grand Island, Nebraska, on December 7, 1998. Notice of the meeting was given in the Grand Island Independent on December 2, 1998. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Mehring, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Lueth, Murray, Samuelson and Sorensen. The following City Officials were present: City Clerk Cindy Johnson, City Attorney Charlie Cuypers, Finance Director Chuck Haase, and Public Works Director Wayne Bennett. RESERVE TIME TO SPEAK ON AGENDA ITEMS: One individual reserved time to speak on agenda items. CITY COUNCIL REORGANIZATION: Acceptance of Election Certificate. City Clerk Cindy Johnson reported that State law required the governing body to formally accept the certificate of election issued by the Hall County Commissioner for the November 3, 1998 City Council and Mayoral election. Motion by Lueth, second by Pielstick, carried unanimously to approve. Approving Minutes of November 23. 1998 City Council Regular Meeting. Motion y Lueth, second by Pielstick, carried unanimously to approve. Presentation to Outgoing Councilmember. Mayor Gnadt presented a plaque to outgoing Councilmember Don Mehring and thanked him for his service to the City of Grand Island. Comments by Outgoing Councilmember Mehring. Councilmember Mehring thanked the citizens of Grand Island and noted that serving as Councilmember required time, dedication and commitment. Administration of Oath to Newly Elected Councilmembers. City Clerk Cindy Johnson administered the Oath of Office to newly elected Councilmember Gale Larson, and returning Councilmembers Murray, Lueth, Sorensen, and Seifert. Administration of Oath to Returning Mayor. City Clerk Cindy Johnson administered the Oath of Office to newly elected Mayor Ken Gnadt. Comments by Newly Elected and Re-elected Officials. Councilmembers Larson, Murray, Lueth, Sorensen, and Seifert, as well as Mayor Gnadt, made comments. I I I Page 2, City Council Regular Meeting, December 7, 1998 The newly City Council was called to order. Mayor Gnadt and Councilmembers Larson, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Lueth, Murray, Samuelson and Sorensen were present. Public Hearing on Request of The Derenger. Inc.. dba EI Rincon Bar. 410 East 4th Street. for a Class "C" Liquor License. This item was pulled from the agenda at the request of the applicant. It was noted that the Public Hearing was rescheduled to December 21, 1998. Public Hearing on Request of Cooperative Producers. Inc.. dba Ampride. 3210 West Old Potash Highway. for a Class "B" Liquor License. Cindy Johnson, City Clerk, reported that Raymond Brandt, CEO, Hastings, Nebraska, representing Cooperative Producers, Inc., dba Ampride, 3210 West Old Potash Highway, had submitted an application with the City Clerk's Office for a Class "B" Liquor License. Ms. Johnson presented the following exhibits for the record: Application submitted to the Liquor Control Commission and received by the City on November 24, 1998; notice to applicant of date, time, and place of hearing mailed on November 24, 1998; notice to the public of date, time, and place of hearing published on November 25, 1998; Departmental reports as required by law, and Chapter 4 of City Code. There was no public testimony. Public Hearing on Acquisition of Utility Easement in Alleyway Between 3rd Street and South Front Street West Off Of Locust Street. Gary Mader, Utilities Director, reported that acquisition of utility easements and rights-of-way located in the alleyway between 3rd Street and South Front Street west off of Locust 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 Acquisition of Alleyway Between 3rd Street and South Front Street West Off Of Walnut Street. Gary Mader, Utilities Director, reported that acquisition of utility easements and rights-of-way located in the alleyway between 3rd Street and South Front Street west off of Walnut 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 Acquisition of Alleyway Between 3rd Street and South Front Street West Off Of Sycamore Street. Gary Mader , Utilities Director, reported that acquisition of utility easements and rights-of-way located in the alleyway between 3rd Street and South Front Street west off of Sycamore 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 Acquisition of Alleyway Between 3rd Street and South Front Street West Off Of Cedar Street. Gary Mader, Utilities Director, reported that acquisition of utility easements and rights-of-way located in the alleyway between 3rd Street and South Front Street west off of Cedar 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. I I I Page 3, City Council Regular Meeting, December 7, 1998 Public Hearing on Request of Grand Island Public School District for Conditional Use Permit for Paving Alley for Wasmer Elementary School. 300 Block of South Clark. Craig Lewis, Building Inspections Director, reported that Lane Plugge, Superintendent, representing the Grand Island Public School District #2, 123 South Webb Road, had submitted an application for consideration of a Conditional Use Permit for paving the alley for Wasmer Elementary School in the 300 block of South Clark Street for use as a parking lot. Mike Brasfield and Brad Kistler from the Grand Island Public School District were present. Louise Miller, 1104 West Charles, spoke in opposition. No additional public testimony was heard. CONSENT AGENDA: Motion by Pielstick, second by Seifert, carried unanimously to approve the Consent Agenda minus the request of The Derenger for liquor license and the November 23, 1998 City Council Meeting minutes that had previously been approved. Receipt of Official Bond for Councilmember Gale O. Larson. Approving Council Appointments to Boards and Committees, 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 Marilyn Lueth and Dick Preisendorf to the Regional Planning Commission: Councilmembers Marilyn Lueth 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: and Councilmember Doug Samuelson to the Grand Island Area Economic Development Corporation Board, for terms effective December 7, 1998 through December 6, 1999. Approving Request of Cooperative Producers, Inc.. dba Ampride, 3210 West Old Potash Highway, for Class "B" Liquor License. Approving Request of Virgil Eihusen for Liquor Manager Designation for Indian Head Golf Club, 4100 West Husker Highway. Approving Request of Hall County School District #2 for License Agreement for Paving of the Alley Near Wasmer Elementary, 300 Block of South Clark. Approving Request of Grand Island Public School District #2 for Conditional Use Permit for Parking Lot Near Wasmer Elementary, 300 Block of South Clark Street. #98-309 - Approving Final Plat and Subdivision Agreement for Fonner Fourth Subdivision. It was noted that the plat for the property, located immediately east of South Locust Street in the Skagway parking lot adjacent to and north of Parella Motors, proposed to create an additional commercial lot, containing 0.51 acres, from existing Lot 1, Fonner Second Subdivision. It was reported that the Regional Planning Commission, at their meeting of December 2, 1998, unanimously voted to recommend approval, subject to the submission of the approved and signed Subdivision Agreement. I I I Page 4, City Council Regular Meeting, December 7, 1998 #98-310 - Approving Final Plat and Subdivision Agreement for Park Island Square Fourth Subdivision. It was noted that Breslin Grand Island Associates, a Nebraska General Partnership, owners, had submitted the final plat for Park Island Square Fourth Subdivision, located south of 13th Street and west of Diers Avenue which proposed to replat a part of Lot 1 into two lots for the purpose of creating separate title to the K-Mart building and it's associated parking requirement area. It was reported that the Regional Planning Commission, at their meeting of December 2, 1998, unanimously voted to recommend approval, subject to the submission of the approved and signed Subdivision Agreement. #98-311 - Approving Final Plat and Subdivision Agreement for Schmidt Subdivision. It was noted that Larry E. Schmidt, owner, had submitted the final plat for Schmidt Subdivision, located immediately south of South Front Street and approximately 32' east of Madison Street, and that the plat proposed to replat all of Fractional Lots 2, 3, and 4, Block 20 in Bonnie Brae Addition and Fractional Lots 2, 3, and part of 4, Block 8, Kernohan and Deckers Addition to create two new larger lots, one of which (proposed Lot 2) contains an existing commercial building. It was reported that the Regional Planning Commission, at their meeting of December 2, 1998, unanimously voted to recommend approval, subject to the submission of the approved and signed Subdivision Agreement. #98-312 - Approving Final Plat and Subdivision Agreement for Southlawn Second Subdivision. It was noted that 3-H Partnership, owner, had submitted the final plat for Southlawn Second Subdivision, located 500' north of Stolley Park Road, between Henry Street and Ada Street, and that this plat proposed to replat portions of Lot 3, Giese's South Lawn Addition and portions of Lots 5 and 6, Block 2, Dawn Addition, into four new lots each containing 19,000 square feet. It was noted that the Regional Planning Commission, at their meeting of December 2, 1998, unanimously voted to recommend approval, subject to the submission of the approved and signed Subdivision Agreement. #98-313 - Approving Acquisition of Alleyway between 3rd Street and South Front Street west off of Locust Street. #98-314 - Approving Acquisition of Alleyway between 3rd Street and South Front Street west off of Walnut Street. #98-315 - Approving Acquisition of Alleyway between 3rd Street and South Front Street west off of Sycamore Street. #98-316 - Approving Acquisition of Alleyway between 3rd Street and South Front Street west off of Cedar Street. #98- 317 - Approving Contract with Red Cross for Provision of Swim Lessons. #98-318 - Approving: Agreement with Union Pacific Railroad for Transportation of Coal. #98-319 - Awarding Bid for Padmount Transformers to Dutton-Lainson, Hastings, Nebraska, In the Amount of $11.762.50 plus tax (225 kva) and $6,683.32, Plus Tax (75 kva). I I I Page 5, City Council Regular Meeting, December 7, 1998 REQUESTS AND REFERRALS: Election of City Council President. City Clerk Cindy Johnson reported that the City Council was required to elect one Councilmember to the office of Council President for a term of one year and that the Council President automatically assumed the duties of the Mayor in the event that the Mayor was absent or otherwise unable to fulfill his duties. Councilmember Pielstick nominated Councilmember Lueth. Councilmember Samuelson nominated Councilmember Seifert. Motion by Preisendorf, second by Sorensen, carried unanimously to cease nominations. City Clerk Cindy Johnson called for the first ballot. It was reported that Councilmember Seifert had received 5 votes, Councilmember Lueth had received 4 votes and Councilmember Samuelson had received one vote. A second round of ballots was conducted. Ms. Johnson reported that Councilmember Seifert had received 6 votes, and Councilmember Lueth had received 4 votes so Councilmember Seifert was elected as the new Council President. Approving Appointment of Charles Cuypers as Interim City Administrator. Motion by Murray, second by Preisendorf, carried unanimously to appoint Charles Cuypers as Interim City Administrator. RESOLUTIONS: #98-320 - Approving Setting Date for Public Hearing and Approval of Plan Relative to Annexation of Properties Adiacent to Platte Valley Industrial Park, Phase II. Charlie Cuypers, Interim City Administrator, reported that in order for annexation to proceed, a plan for extension of City services to the proposed property must be developed and that the annexation plan included 1) estimated cost impact of providing the services to the land 2) the method of financing the extension of services and how services will be maintained; 3) timetable for extending services; and 4) a map drawn to scale which clearly delineates the land proposed for annexation. It was noted that the Resolution would need to be amended to show a Council Meeting and Public Hearing date of January 12, 1999 to reflect a change in the schedule. Motion by Samuelson, second by Whitesides, carried unanimously to approve. PAYMENT OF CLAIMS: Motion by Lueth, second by Preisendorf, carried unanimously to approve the claims for the period of November 24, 1998 through December 7, 1998, claim #68295, #71070, #71071, and #71355 through #71690. EXECUTIVE SESSION: Motion by Murray, second by Lueth, carried unanimously to adjourn to Executive Session at 7:50 p.m. to discuss a Personnel Matter. RETURN TO REGULAR SESSION: Motion by Lueth, second by Samuelson, carried unanimously to Return to Regular Session at 8:25 p.m. ADJOURNMENT: The meeting was adjourned at 8:30 p.m. I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION December 14, 1998 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 December 9, 1998. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Larson, Seifert, Preisendorf, Hosier, Whitesides, Lueth, Murray, Samuelson and Sorensen. Councilmember Pielstick 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. Report by Nebraska Wireless, Stuhr Museum, and Eric Benson Relative to Location of Third Site for Telecommunications Tower. Sandi Yoder, 717 Church Road, representing Stuhr Museum, reported that it was believed that a compromise location had been identified for placement of the third telecommunications tower. Discussion on Continuation and Construction of Street Improvement District #1210, Roush Lane. Wayne Bennett, Public Works Director, reported that the discussion on continuation and creation of Street Improvement District #1210, Roush Lane, had been referred to the Study Session by the Council at the November 23, 1998 City Council meeting due to concerns raised by Mr. Ray Lassonde. It was noted that Ray Lassonde was a property owner along Stolley Park Road and that his property fronted only on the Kingswood Drive portion of the paving district, representing 3.6% of the district. Mr. Bennett explained that the paving of Roush' Lane was required by the Murry Subdivision Agreement approved by the City Council on February 29, 1998 and that paving of the intersecting dirt street, Kingswood Drive, would be in the publics interest because approximately 65 homes in the Kingswood Drive Mobile Home Estates utilized the dirt street for access to and from the mobile home park. Mr. Bennett added that Kingswood Estates agreed to pay 1/3 of the cost of the paving. It was noted that normally the assessments were due over a 10 year period with 7 % interest but the Council could extend the payment period to 20 years if they chose and that additionally, the Council could make an exception to the requirement for installation of sidewalks to be built within one year if they so desired. Joe Cobel, owner of property, spoke in opposition to the district and asked that Council consider allowing asphalt instead of concrete. Councilmember Murray questioned what portion of the assessments were for sidewalks. Mr. Bennett explained that all costs being discussed were street improvement costs and that the standard for streets was 37' curb and gutter due primarily to concerns relative to open ditch drainage. Councilmember Lueth questioned the properties included in the paving district. It was noted that the district was I I I Page 2, City Council Study Session, December 14, 1998 created based on need and circumstances. Councilmember Preisendorf questioned the maintenance costs and life expectancy of asphalt versus concrete paving. Mr. Bennett responded that concrete paving generally lasted up to 50 years and that asphalt only 10-20 years. Councilmember Murray spoke in support of extending the payments to 20 years and not requiring sidewalks until further development took place. Tom Oliver, 423 East Stolley Park Road, and John Obst, 429 East Stolley Park Road, spoke in opposition to the street improvement district. Councilmember Larson questioned where the water drained. Mr. Bennett explained that ultimately it was routed to the Wood River and reiterated that drainage was a concern without a curb and gutter street. Councilmember Sorensen spoke in support of the asphalt paving. It was noted that the continuation and construction would be on next week's agenda. Discussion of 1998-1999 Contract for the Zoo. Steve Paustian, Parks and Recreation Director, reported that the City of Grand Island has had an operating contract with the Zoological Society since the inception of the zoo and that the contract had been reviewed and minor modifications were recommended, including changing the compensation level to $100,000, the erms of the agreement to 10/1/98 - 9/30/99 and clarification of the responsibility of the Zoological Society to maintain and furnish all the items located in the zoo. Councilmember Murray noted that the contract reflected the funding included in this year's budget. It was reported that the contract would be on next week's Agenda for consideration. Discussion on Proposed Assignment of Franchise from TCI to Bresnan Telecommunications Company. Dale Shotkoski, Assistant City Attorney, reported that an application had been filed with the City to transfer the existing franchise held by TCI to Bresnan Telecommunications Company, LLC., and that the City had requested that consultant Brian Grogan of Moss and Barnett, to review the application of the transfer of the franchise to Bresnan Telecommunications Company. Mr. Shotkoski reported that Mr. Grogan had completed the review and reported that Bresnan possessed the necessary legal, technical and financial qualifications based on the standards of review that were set up in the report. Mr. Shotkoski added that it was recommended that the financial qualifications be reviewed and that guarantees should also be signed by the parent company. Councilmember Seifert questioned who the parent company was. Mr. Shotkoski noted that the owners were the same group but the structure was different in their set up and that AT & T was purchasing portions of TCI but that TCI would still have a corporate interest. Councilmember Murray questioned whether Bresnan had experience with communities the size of Grand Island. Mr. Shotkoski responded that they did not however they had exhibited professionalism in the communities they had served and 15 of the 16 communities surveyed spoke positively about their services. Councilmember Larson questioned whether there was an option for the City to review alternatives. Mr. Shotkoski responded that our cable franchise was not an exclusive franchise; other companies who were interested could apply for a franchise and provide the service, but the size of the market had been prohibitive to other companies to date. It was noted that consideration of the transfer would be included on the next Council agenda. I I I Page 3, City Council Study Session, December 14, 1998 Discussion on Unregistered and Unlicensed Vehicles and Trailers. Charlie Cuypers, Interim City Administrator, and Gary Piel, Deputy Police Chief, reported that amendments were proposed to Chapter 22 of City Code to add to the Code's provisions a prohibition against parking an unregistered, or unlicensed vehicle on streets, highways, alleys and city owned parking lots and that the amendment authorized the towing of these vehicles and the retention in the Police Impound lot until fines were paid. It was noted that the vehicles would be defined as a public nuisance. Councilmembers Sorensen and Seifert noted that maintaining insurance was a major concern. Councilmember Lueth stated that this was a very good tool to use to enforce the registration and licensing requirements. Councilmember Preisendorf questioned how long the vehicle had to be kept in the Impound Lot. Mr. Piel responded that it would be kept until the fine was paid or until the fine exceeded the value of the vehicle. Bev Gowlovech, 412 East Hall Street, and Senator Chris Peterson, 1812 West Louise, spoke on the need for the legislation. Isodore Breault, 1623 West Charles, and Lewis Kent, 624 East Meves, spoke in support. Councilmember Seifert noted that the Code Enforcement Officer had removed 254 junked vehicles to date. It was noted that this item would be on the agenda for the next Council Meeting. Discussion on Truck Routes Throughout the City. Wayne Bennett, Public Works Director, reported that at Council request a review of the existing truck routes had been undertaken and that historically truck routes had been created to divide the City into delivery zones of no less than one square mile in order to allow for the delivery of products to residences and businesses. Mr. Bennett noted, however, that when the northwest area was annexed, the grid was not extended to that area and that only the existing east west streets that were truck routes were extended into the Capital Heights area. It was recommended that Council not react to individual requests but instead develop and maintain a series of truck routes on a uniform grid with uniform criteria throughout the City, including adding 13th Street form Highway 281 to Broadwell A venue and Blaine Street from Stolley Park Road to 2nd Street, and that Engleman Road, North Road, 13th Street, Husker Highway and Capital Avenue west of Highway 281 should be included. Councilmember Lueth stated that she was surprised by the number of truck routes within the City. No additional Council action was determined. Discussion on Communications Plan. Cindy Johnson, Public Information and Records Management Director, presented the proposed Communications Plan to the City Council and reviewed the development process, and the strategies and tactics for enhancing the City's communication efforts. Councilmember Murray noted that the access to the Internet was growing and that he supported the Plan's recommendation of using surveys and focus groups to receive citizen inputs. Councilmember Preisendorf suggested that the staff publicize the new web page. Councilmembers Whitesides and Lueth spoke in support of the Plan. Interim City Administrator Charlie Cuypers stated that he and Ms. Johnson would be contacting Council in the next weeks to review communication techniques and schedule informational tours. I I I Page 4, City Council Study Session, December 14, 1998 Adjournment. The meeting was adjourned at 8:55 p.m. R~A::Ubmitted~ Cindy K~a.t) City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING December 21, 1998 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 16, 1998. 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, Murray, Samuelson and Sorensen. The following City Officials were present: Interim City Administrator Charlie Cuypers, City Clerk Cindy Johnson, Public Works Director Wayne Bennett, Finance Director Chuck Haase, and Assistant City Attorney Dale Shotkoski. PLEDGE OF ALLEGIANCE was said, followed by INVOCATION given by Councilmember Jackie Pielstick. RESERVE TIME TO SPEAK ON AGENDA ITEMS: 10 individuals reserved time to speak on agenda items. BOARD OF EQUALIZATION: Motion by Samuelson, second by Sorensen, carried unanimously to adjourn to the Board of Equalization. #98-BE-8 - Water Main District #424T. Skypark 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 #424T, Airport interconnect. Motion by Murray, second by Sorensen, 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 South of Anna Street Between Madison Street and Monroe Street. Gary Mader, Utilities Director, reported that acquisition of utility easements and rights-of-way located at 1521 West Anna 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 locate a new underground padmount transformer to serve the consolidated loads of Diamond Engineering shops and office. No public testimony was heard. Public Hearing on Request of Kum & Go. LC. 1124 North Broadwell. for Class "D" Liquor License. Cindy Johnson, City Clerk, reported that William A. Krause, CEO, representing Kum & Go, LC, dba Kum & Go #339, 1124 North Broadwell, 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 the Nebraska Liquor Control Commission and received by the City on December 9, 1998; notice to applicant of date, time, and place of hearing I I I Page 2, City Council Regular Meeting, December 21, 1998 mailed on December 9, 1998; notice to general public of date, time, and place of hearing published on December 11, 1998; Chapter 4 of City Code; departmental reports as required by law. There was no public testimony. Public Hearing on Request of Kum & Go. LC. 2322 South Locust Street. for a Class "D" Liquor License. City Clerk Cindy Johnson reported that William A. Krause, CEO, representing Kum & Go, LC, dba Kum & Go #340, 2322 South Locust Street, 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 the Nebraska Liquor Control Commission and received by the City on December 9, 1998; notice to the applicant of date, time, and place of hearing, mailed on December 9, 1998; notice to the general public of date, time, and place of hearing published on December 11, 1998; Chapter 4 of City Code and departmental reports as required by law. There was no public testimony. 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: #8430 - Consideration of Amendment to Chapter 22 of City Code Relative to Unlicensed, Unregistered Vehicles #8431 - Consideration of Amendment to Chapter 17 of City Code Relative to Landfill Rates 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 Whitesides. Upon roll call vote, all voted aye. Motion was adopted. Charlie Cuypers, Interim City Administrator, reported that as discussed at the City Council Study Session of December 14, 1998, amendments were proposed to Chapter 22 of the City Code to address the regulation of unlicensed and unregistered motor vehicles and trailers on highways, streets, alleys, and City owned parking lots. Lee Meents, 1414 St. Paul Road, spoke in support of the Ordinance. Councilmembers Pielstick and Lueth thanked Bev Gowlovech for her hard work on getting the issue considered at the state level as well as the local level. Councilmember Preisendorf questioned whether the City could regulate the ordinance on private property. Mr. Cuypers stated that the ordinance could not apply to private property. Bev Gowlovech, 412 East Hall Street, thanked the Council for their consideration. City Clerk: Ordinances #8430 and #8431 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 #8430 and #8431 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 3, City Council Regular Meeting, December 21, 1998 Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinances #8430 and #8431 are declared to be lawfully passed and adopted upon publication as required by law. #8432 - Approving Salary Ordinance Relative to International Association of Fire Fighters (IAFF) Contract. Lisa Thayer, Personnel Director, reported that as had been previously discussed in Executive Session, the City negotiating team and the IAFF had been negotiating for a new labor agreement for the term of October 1, 1998 through September 30, 2001. Mrs. Thayer reported that the Labor Union agreement with IAFF set new wages for the 1998-1999 year based upon a salary and wage survey conducted this year and provided for a 2.5 % COLA for all pay ranges in 1999-2000 and 2000-2001. It was noted that other major highlights of the proposed contract included a co-payment on health insurance benefits, some changes in how overtime was calculated and paid, an increase in the uniform allowance from $70 to $80 per month, the creation of a Section 125 Benefit Plan, and a revision to the Temporary Leave provisions. Councilmember Lueth questioned the change in terminology from accident leave to temporary disability leave. Mrs. Thayer stated that the change was made to be consistent with state law and workers compensation language. Councilmember Murray noted that the City was required to stay within State law and the lid law and that the agreement appeared to be fair to both the employer and the employee. Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinance numbered: #8432 - Consideration of a Salary Ordinance Relative to IAFF Contract 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 first reading and then upon final passage and call for a roll call vote on each reading and final passage. Second by Councilmember Samuelson. Upon roll call vote, motion was adopted. City Clerk: Ordinance #8432 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. City Clerk: Ordinance #8432 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 the first reading and then upon final passage, Ordinance #8432 is declared to be lawfully passed and adopted upon publication as required by law. #8433 - Consideration of Eliminating Capital Avenue as a Truck Route from North Road to Highway 281. Councilmember Seifert reported that on November 9, 1998 the City Council adopted Ordinance #8412 which provided for the elimination of Capital Avenue as a truck route from Engleman Road to North Road and that residents of the Engleman School area had expressed interest in extending the no truck route along Capital Avenue from North Road to Highway 281. It was noted that the Public Works Department had reviewed the request and denial was recommended. I I I Page 4, City Council Regular Meeting, December 21, 1998 Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that Ordinance numbered: #8433 - Consideration of Eliminating Capital Avenue as a Truck Route from North Road to Highway 281 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 final passage. Second by Councilmember Seifert. Upon roll call vote, Larson, Hosier, Pielstick, Seifert, Whitesides, Lueth, Samuelson, Murray and Sorensen voted aye. Preisendorf voted nay. Motion adopted. Ken Carmann, 4250 Branding Iron Lane, and Doug Winder, 4355 Cambridge, spoke in support of the Ordinance and noted that the elimination of Capital A venue from Engleman to North Road had made a difference in the truck traffic. Wayne Bennett, Public Works Director, reported that the Public Works Department had studied the truck routes and determined that west Grand Island was deficient in truck routes and that the Department recommended implementing the same standards to areas both east and west of Highway 281. Councilmember Seifert questioned the position of the Northwest Neighborhood Association on the issue. Councilmember Murray suggested that it would be better to look at the City as a whole instead of individual areas. Councilmember Samuelson noted that the 1992 Comprehensive Land Use and Transportation Plan identified Capital Avenue as a main thoroughfare that should be widened and that amending the route would be a band aid approach to the real issue, the installation of sidewalks in the area. Clerk: Ordinance #8433 on its first reading. All those in favor of the passage of Ordinance #8433 on first reading, answer roll call vote. On roll call vote, Pielstick, Larson, Seifert, Sorensen, and Hosier voted aye. Preisendorf, Murray, Samuelson, Whitesides, and Lueth voted nay. Mayor Gnadt elected to not cast a vote in support of the ordinance. Motion failed. CONSENT AGENDA: City Clerk Cindy Johnson noted that item G6 had been removed from the Consent Agenda. Motion by Pielstick, second by Seifert, carried unanimously to approve the Consent Agenda, excluding G6 (Amending City Council Meeting Schedule). Receipt of Official Documents and Bonds Civil Service Commission Minutes for November 19. 1998. Downtown Improvement Board Minutes for November 17, 1998, Edith Abbott Memorial Library Board Minutes for October 5, 1998, Edith Abbott Memorial Library Board Minutes for November 2, 1998, Zoning Board of Adjustment Minutes for November 10, 1998, and the bond for Interim City Administrator Charlie Cuypers. Approving Minutes of December 7, 1998 City Council Regular Meeting and December 14. 1998 City Council Study Session. Councilmember Pielstick abstained from voting on the minutes of the December 14, 1998 Study Session. . Approving Request of Deborah Stine for Liquor Manager Designation for Cooperative Producers, Inc.. dba Ampride, 3210 West Old Potash Highway. I I I Page 5, City Council Regular Meeting, December 21, 1998 Approving Request of Kum & Go, LC, 1124 North Broadwell Avenue, for Class "D" Liquor License. Approving Request of Kum & Go, LC, 2322 South Locust Street, for Class "D" Liquor License. Approving Request of Marshal L. Alvarez-Jaquez for Liquor Manager Designation for Kum & Go, 1124 North Broadwell Avenue and 2322 South Locust Street. Approving Reappointments of Marv Webb, Richard Willis and Holger Honore to Building Code Advisory Board. #98-321 - Approving Acquisition of Utility Easement at 1521 West Anna. #98-323 - Approving Communications Plan. #98-324 - Approving Agenda Preparation Timeline. #98-325 - Approving Agreement for Ditch/Storm Sewer North of 2505 Lakewood Drive. #98-326 - Approving Continuation and Construction of Street Improvement District #1212, Ada Street. #98-327 - Approving Transfer of TCI Franchise Agreement to Bresnan Communications. John Wade, representing Bresnan, spoke on the issue and noted that by the end of 1999 or early 2000 Bresnan would have cable modems be available throughout the City. #98-328 - Approving 1998-1999 Contract with Zoological Society. #98-329 - Approving Amendment to City Insurance Contract with Protection Mutual Insurance Company Relative to Y2K Issues. #98-330 - Approving Assessments for Water Main District #424T, Sky Park Road. #98-331 - Approving Change Order with Keystone Manufacturing Relative to DCS Protective Relays. It was noted that the Change Order had a net increase of $1,333.11, which left a revised contract amount of $167,867. A break was taken from 8:00 p.m. to 8:05 p.m. RESOLUTIONS: #98-332 - Approving Resolution of Support for Exposition and Events Center. Hugh Miner, General Manager of Fonner Park, stated that the need for a exposition and events center had been identified by the community during the Heartland Vision process and that based on suggestions from members of the community, Fonner Park was in the process of forming a nonprofit corporation to be known as Fonner Park Exposition and Events Center, Inc. It was noted by Fonner Park Attorney Mike Johnson that funds raised by the Fonner Center for the I I I Page 6, City Council Regular Meeting, December 21, 1998 planning and construction of a convention and civic center would lessen the burdens of the City and create a situation where the City would not have to raise such funds through the implementation of a sales tax or the allocation of other resources of the City. Mr. Johnson explained that #98-332 supported the efforts of Fonner Park Exposition and Events Center, Inc. to plan and construct a convention or agriculture exposition and events center and agreed that by Fonner Park undertaking this effort, governmental assets, human matters, and fiscal resources that might otherwise have been devoted to the planning and construction of a agricultural exposition and events center, were freed up. Ernie Dobesh, 1533 Stagecoach Road, Doyle Hulme, 2829 Brentwood Boulevard, Ray O'Conner, 422 South Gunbarrel Road, Gene McCloud, 609 Gunbarrel, Renee Seifert, Convention and Visitors Bureau, and Howard Eakes, 2212 West Anna, spoke in support of the Resolution. Councilmember Pielstick suggested that the Resolution be amended to include statement that sales and property tax would not be used. Mr. Johnson noted that the Resolution as required for Internal Revenue Services purposes stated what the purpose was and what the funding sources would be, not what they would not be. Motion by Preisendorf, second by Seifert to approve. Councilmember Samuelson questioned whether events would take place in the Center during live racing season. Mr. Hugh Miner, general manager of Fonner Park, responded that there would be simultaneous events. Councilmember Lueth questioned whether the County was considering a Resolution. Mr. Miner noted that the County Board Chairman was supportive and had been informed of the progress being made. Councilmember Lueth questioned the difference between a hospitality tax and a lodging tax. Mr. Miner responded that the County currently imposed a 2 % lodging tax that funded the Convention and Visitors Bureau and that the hospitality tax would be self imposed by the motel/hotel owners and that it, by law, could be used for special projects such as a Civic Center. Councilmember Whitesides spoke in support of Fonner Park coming forth with this proposal to assist the community. Councilmember Larson spoke in support of the Resolution and stated that the one criticism was that the City was abdicating its responsibility to provide an events center for the residents. Councilmember Pielstick noted that she was not opposed to a Civic Center but wanted to ensure that sales and property taxes would not be used to support it. Discussion was held on the hospitality tax and the inability to tax those motels/hotels outside City limits. Mr. Johnson noted that the City only had the authority to implement the tax within the City limits. Councilmember Murray stated that he had supported the previous two efforts at building a Civic Center and that he supported the use of private funds in this effort. Jim Sander, 218 North Harrison,. spoke in support. Roll call vote was taken on the motion to adopt the Resolution. Upon roll call vote, Larson, Hosier, Preisendorf, Seifert, Whitesides, Lueth, Murray, Samuelson and Sorensen voted aye. Pielstick voted nay. Motion adopted. #98-333 - Approving Agreement with Central Platte Natural Resources District Relative to Groundwater Dewatering Proiects. Ron Bishop with the Central Platte Natural Resources District, reported that as discussed at the October 5, 1998 City Council Study Session, the Public Works Department was recommending that the City enter into an Interlocal Agreement with the Central Platte Natural Resource District to work cooperatively to monitor the effects of groundwater and to monitor data on the effects of pumping on groundwater. It was noted that three groundwater dewatering locations were proposed: 1) in the vicinity of Manchester and Engleman, 2) in the vicinity of Pleasant View/Sun Valley Drives south of Bismark, and 3) northeast of Highway 281 and Broadwell (outside City limits), and that the agreement called for CPNRD to establish neighborhood contacts, arrange locations for the wells, install the wells, operate the wells, monitor the effects on ground water, and furnish data on the effects of pumping on ground water in each area. Mr. Bennett noted that the City's involvement I I I Page 7, City Council Regular Meeting, December 21, 1998 consisted of reimbursing the CPNRD for the cost of the wells, pump motors, electricity, and other "out-of-pocket" expenses for the two demonstration projects within the City limits. Councilmembers Seifert and Whitesides spoke in support of the joint project. Motion by Seifert, second by Lueth, carried unanimously to approve. #98-334 - Approving User Fee Schedule Relative to Telecommunications Fees and Special Waste Fees for Landfill. Charlie Cuypers, City Attorney, explained that in conjunction with City Council adoption of Ordinance #8411 relative to Telecommunications, a Resolution providing for an amendment to the User Fee Schedule regarding the fees for use of the public rights of way, plan review, license, franchise, and registration fees had been prepared and that additionally, an amendment to the Schedule was proposed to incorporate the fees provided for in Ordinance #8431 relative to Landfill rates. Motion by Seifert, second by Sorensen, carried unanimously to approve. #98-335 - Approving: Labor Union Agreement with IAFF. Lisa Thayer, Personnel Director, reported that as had been previously discussed in Executive Session, the City negotiating team and the IAFF had been negotiating for a new labor agreement for the term of October 1, 1998 through September 30, 2001 and that an agreement had been reached which provided for new wages for the 1998-1999 year based upon a salary and wage survey conducted this year. Mrs. Thayer added that the IAFF contract provided for a 2.5 % COLA for all pay ranges in 1999- 2000 and 2000-2001 and that other major highlights of the proposed contract included a co- payment on health insurance benefits, some changes in how overtime was calculated and paid, a increase in the uniform allowance from $70 to $80 per month, the creation of a Section 125 Benefit Plan, and a revision to the Temporary Leave provisions. Motion by Seifert, second by Sorensen, carried unanimously to approve. #98-336 - Approving Authorization for City Treasurer to Issue and Sell Stocks. Charlie Cuypers, Interim City Administrator, reported that Resolution #98-336 authorized the Finance Director and/or the Assistant Finance Director to sell, assign, and endorse for transfer certificates representing stocks, bonds, or other securities which were registered in the name of the City of Grand Island. It was noted that this provision would allow these transactions to take place in a timely and expeditious fashion. Motion by Seifert, second by Sorensen, carried unanimously to approve. #98-291 - Consideration of Continuation and Construction of Street Improvement District #1210, Roush Lane. Wayne Bennett, Public Works Director, reported that as discussed at the City Council Meeting of November 23, 1998 and the City Council Study Session of December 14, 1998, Street Improvement District #1210 located in Roush Lane from Bellwood Drive to the east line of Murry Subdivision and Kingswood Drive from Stolley Park Road south to Kingswood Trailer Park had been created on October 12, 1998 and provided for the improvement of a street within the district by paving, curbing, guttering, storm drainage, and other incidental work in connection therewith. Motion by Seifert, second by Samuelson to approve. Councilmember Murray noted that this was a difficult issue and stated that he would be voting against the district but suggested that another district could be created comprised only of Roush Lane. After further discussion, Councilmembers Seifert and Samuelson I I I Page 8, City Council Regular Meeting, December 21, 1998 withdrew their motions to approve. Councilmember Murray moved to deny continuation of the District #1210. Second by Councilmember Larson. Councilmember Larson noted that he had reviewed the area and although the area was close to Fonner Park with low traffic volume, he believed that the entrance to the Fonner Park area was important. Councilmember Preisendorf stated that asphalt did lend itself to drainage problems but it should be remembered that Kingswood Estates was paying for 1/3 of the project. Ray Lassonde, 1027 East Capital Avenue, and Joe Cobel, spoke in opposition to the District. Upon roll call vote to deny continuation of the District, Pielstick, Larson, Hosier, Seifert, Preisendorf, Lueth, Whitesides, Murray and Sorensen voted aye. Samuelson voted nay. Motion adopted. #98-337 - Approving Relocation of Flashing School Lights from Capital Avenue to Engleman Road, North of Capital Avenue Intersection. Councilmember Seifert reported that residents of the Engleman School area and members of the Northwest Neighborhood Association had asked that the school zone flashing light near the intersection of Capital A venue and Engleman A venue be relocated from south of Capital A venue across from the school to west of the school, north of Capital Avenue. It was expressed that the Association believed that this action would slow down the traffic on Engleman Road headed south near Engleman School and increase safety. Wayne Bennett, Public Works Director, reported that the request had been reviewed by the Public Works Department who recommended denial based on the fact that the existing placement of the flashing school zone lights was most conducive to safe street crossing by youth and the belief that the safety in the area could best be addressed by the installation of sidewalks in the area. Motion by Seifert, second by Lueth to approve. Ken Carmann, 4250 Branding Iron Court, and Doug Winder, 4355 Cambridge Road, spoke in support. Discussion was held on the proposed location change and the acknowledged need for sidewalks. Upon roll call vote, Pielstick, Hosier, Seifert, Preisendorf, Lueth, Whitesides, Samuelson, Murray and Sorensen voted aye. Larson voted nay. Motion adopted. PA YMENT OF CLAIMS: Motion by Samuelson, second by Lueth, carried unanimously to approve the claims for the period of December 7, 1998 through December 21, 1998, claim #68844, #69119, #69537, #71127, #71276, #71313, and #71691 through #72290. ADJOURNMENT: The meeting was adjourned at 9:55 p.m. Respectfully submitted, ~\ck. K ~~JV\~ Cindy K. J~hnson City Clerk