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1995 Minutes I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL MEETING January 9, 1995 Pursuant to due call and notice thereof, a Regular Meeting of the City of Grand Island was conducted on January 9, 1995 at City Hall, 100 East First Street. Notice of the meeting was given in the Grand Island Independent on January 4, 1995. A quorum present, Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Dietrich, Johnson, Solt, Hosier, Preisendorf, Mehring, Seifert, Murray, and Sorensen. Kehm was absent. The following City Officials were present: Interim City Administrator Wayne Bennett, City Clerk Cindy Cartwright, and City Attorney Keith Sinor. PLEDGE OF ALLEGIANCE was said followed by INVOCATION given by Pastor Kay Moyer. Mayor Gnadt called for a moment of silence in honor of the death of Joyce Bond, Councilmember Kehm' smother. APPRO V AL OF MINUTES: Motion by Sorensen, second by Solt, carried unanimously to approve the minutes of the December 19, 1994 City Council Meeting. PRESENTATIONS AND PROCLAMATIONS: Status Report and Strategic Plan for Central Community College. Grand Island Campus. Mr. Bill Giddings, President of Central Community College, presented a status report and the strategic plan for Central Community College, Grand Island Campus. Mr. Giddings noted that the number of full time students was increasing and the average age of the student had slightly decreased. Marketing Plan. Grand Island Economic Development Corporation. Mr. Andy Baird, President of the Grand Island Economic Development Corporation, presented the 1995 Economic Development Corporation Marketing Plan. Mr. Baird outlined the objectives of the Marketing Plan and the procedures utilized to assist businesses. Proclamation of Congratulations to Coach Tom Osborne and the Nebraska Cornhuskers. City Clerk Cindy Cartwright read a proclamation requested, by Councilmember Sorensen, proclaiming congratulations to the Nebraska Cornhuskers. A signed proclamation was presented to Ron Ziemba, the uncle of starting linebacker Phil Ellis. DISCUSSION AND INFORMATION ITEMS: Assistant City Attorney Lisa Thayer presented a report in response to some of the legal concerns raised by the Cable Television Advisory Board at their December 27, 1994 meeting. Jim Sander, 218 North Harrison, addressed the I I I Page 2, City Council Regular Meeting, January 9, 1995 Council with concerns relative to communication and responsibilities. Mr. Sander noted that TCI tracking reports had not been distributed to the Board for over a year. Ron Hoff, representing TCI, noted that TCI retained copies of all tracking report and would be happy to provide those to the Board. Councilmember Johnson suggested that the Council and Mayor review the scope of the Board at the Council Retreat. REOUESTS AND REFERRALS: Receipt of Official Documents. Motion by Sorensen, second by Solt, carried unanimously to receive and place on file the minutes of the Fire/Police Pension Meeting of September 13, 1994. Approving Appointments: Motion by Seifert, second by Sorensen, carried unanimously to approve the appointment of Councilmember Murray to the Transportation Committee and the South Locust/I-80 Steering Committee, and Mr. Ben Wassinger, Jr. and Bart Bartenbach to the Downtown Improvement Board. Referral of Petitions. Creation of Sanitary Sewer District. Water Main District. and Street Improvement District for Jeffrey Oaks, Inc. Wayne Bennett, Interim City Administrator, reported that Mr. James Reed, President of Jeffrey Oaks, Inc., had submitted a petition for the establishment of a Sewer Improvement District, Water Main District, and Street Improvement District, for the Jeffrey Oaks, Inc. Subdivision located at Lots 1-43 in Jeffrey Oaks Third Subdivision. The creation of districts is subject to protest by adjacent property owners. Mr. Bennett noted that inasmuch as Mr. Reed was the sole property owner, it was assumed that no protests in opposition to the district would be received. Mr. Bennett added that City policy in the 1970's was to create, finance, construct, and assess paving, sewer and water for new subdivisions, such as Jeffrey Oaks, however, when the building slowed down in the early 1980's, many assessments went unpaid and the unpaid assessments had to be met with property taxes or user fees. Mr. Bennett added that subsequently, subdividers had been discouraged from asking the City to create assessment districts for new subdivision and had instead been encouraged to install and pay the contractors directly for paving, sewer, and water. It was recommended that the petitions be referred to the next Study Session and that the Public Works Department be directed to conduct a survey of Nebraska cities to determine how they were addressing the issue, the Finance Department prepare a report on the financial impact of unpaid assessments from the late 1970's and early to mid 1980's, and the Legal Department prepare a report on the City's legal obligations and options. Motion by Johnson, second by Solt, carried unanimously. Approving Liquor Manager Designation for Brent Lindner. City Clerk Cindy Cartwright reported that Mr. Brent C. Lindner, 923 West First Street, Grand Island, had submitted an application for a Liquor Manager Designation associated with Images Lounge, 2503 South Locust Street, and Riverside Inn Lounge, 3333 Ramada Road. Ms. Cartwright noted that Mr. I I I Page 3, City Council Regular Meeting, January 9, 1995 Lindner was present and that approval was recommended. Motion by Sorensen, second by Preisendorf, carried unanimously to approve. RESOLUTIONS: #95-1 - A warding Bid for Engineering Services for Relocation of Waterslide to Lincoln Pool. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received proposals for engineering services for the relocation of the water slide to Lincoln Pool, and that the project was proposed to consist of phases: 1) design; and 2) construction supervision and inspection. Ms. Griffiths stated that one proposal had been submitted by Olsson Associates of Grand Island for a not-to-exceed amount of $4,990 for the design phase alone, and added that this price was contingent upon the Nebraska Department of Health allowing the slide supply water line to circulate through the pool's tank. Ms. Griffiths noted that a firm price was not offered for Phase 2 but that once the project was designed and approved, Olsson Associates proposed to negotiate the not-to-exceed cost of the second phase using the hourly fees and reimbursable rates as currently proposed. Motion by Sorensen, second by Mehring, carried unanimously to approve. #95-2 - Approving Final Plat and Subdivision Agreement for Concept Subdivision. Nelson Helm, Regional Planning Director, reported that Concept Fiberglass Homes, Inc., had submitted the final plat for Concept Subdivision, a 19.142 acre tract of land located on the south side of Fourth Street, approximately 1,100 feet west of Sky Park Road. Motion by Seifert, second by Preisendorf, carried unanimously to approve. #95-3 - Approving Final Plat and Subdivision Agreement for Hoch Subdivision. Nelson Helm, Regional Planning Director, reported that H & H Partnership, had submitted the final plat for Hoch Subdivision, a 2.483 acre tract of land located on the north side of West Second Street, approximately 1/4 mile east of Webb Road, which would permit H & H Distributing to further develop the property upon which their building was partially located. Motion by Seifert, second by Preisendorf, carried unanimously to approve. #95-4 - Approving Final Plat and Subdivision Agreement for Wenzl Subdivision. Nelson Helm, Regional Planning Director, reported that Mr. and Mrs. Robert Wenzl, 2270 West Abbott Road, Grand Island, had submitted the final plat for Wenzl Subdivision, a 1.255 acre tract of land located on the north side of Abbott Road, approximately 3/4 mile west of U. S. Highway 281.M Mr. Helm noted that the agricultural district of the City's Zoning Ordinance allowed a dwelling that was ten years old or more to be sold off on a small tract separately from the farm land. Motion by Seifert, second by Preisendorf, carried unanimously to approve. #95-5 - Approving Final Plat and Subdivision Agreement for Ziller Subdivision. Nelson Helm, Regional Planning Director, reported that Merchants Development Company, 318 North Madison Street, had submitted the final plat for Ziller Subdivision, a 11,616 square foot tract of land located on the north side of Third Street immediately east of Walnut Street. Motion by Seifert, second by Preisendorf, carried unanimously to approve. I I I Page 4, City Council Regular Meeting, January 9, 1995 #95-6 - Approving Maintenance Agreement with State of Nebraska. Bud Buettner, Assistant Public Works Director, reported that the Resolution provided for the renewal of a Maintenance Agreement with the Nebraska Department of Roads to provide for the City's maintenance of State Highways 281, 30, 34, and 2 within the City Limits in 1995 in return for payment from the State based on the lane miles maintained. Mr. Buettner noted that the proposed agreement was the same as the existing agreement and provided for compenstaion to the City in the amount of $30,860. Motion by Seifert, second by Preisendorf, carried unanimously to approve. #95-7 - Approving Continuation and Construction of Street Improvement District #1191. Pleasant View Drive: Dodge Street to Fonner Park Road. Bud Buettner, Assistant Public Works Director, reported that the City Council had acted on November 28, 1994, to create Street Improvement District #1191 for the purpose of constructing paving, curb, and gutter and that this District was initiated upon petition by Johnson Cashway Company, as required by their Subdivision Agreement, as a means of improving the street and drainage. Mr. Buettner reported that State law provided for a 20-day protest period which ended December 26, 1994 with no valid protests received. Motion by Solt, second by Seifert, carried unanimously to approve. #95-8 - Approving Continuation and Construction of Street Improvement District #1192, Claude Road from Old Potash Highway to US Highway 30. Bud Buettner, Assistant Public Works Director, reported that the City Council had acted on November 28, 1994, to create Street Improvement District #1192 for the purpose of paving construction and that this District was initiated upon petition by adjacent owners as a means of improving the roadway. Mr. Buettner reported that State law provided for a 20-day protest period which ended December 26, 1994 and that no valid protests had been received. Motion by Solt, second by Seifert, carried unanimously to approve. #95-9 - Supporting Grant Request to Nebraska Department of Environmental Quality. Assistant Public Works Director Bud Buettner reported that the Nebraska Department of Environmental Quality accepted applications for grant funding to assist cities with their Waste Reduction and Recycling Programs and that the Public Works Department had prepared a proposed application seeking $32,000 matching funds which would be budgeted in the Fiscal Year 1995-1996 Budget to allow for ten 30 cubic yard roll off containers equipped with internal bins for separation of glass, tin, and plastic, along with site signs and container signs. Motion by Seifert, second by Solt, carried unanimously to approve. #95-10 - Approving Amendment to 1994-1995 Annual Budget. Chuck Haase, Finance Director, reported that the Resolution provided for modification to the 1994-1995 budget in five areas: 1) The Community Redevelopment Authority had requested an initial funding of $2,000 in startup costs from the General Government Economic Development Division; 2) Reallocation of appropriation for unanticipated utility costs at the new City Hall of $23,000 is funded by a reduction in the discretionary spending in some operating costs and minor capital improvements from the Central Support and City Council Division; 3) The creation of an Aquatics Reserve Fund to stabilize the aquatics operations and to provide for future capital improvements; 4) Reallocating appropriation to provide for the purchase of a pension annuity for Clarence E. I I I Page 5, City Council Regular Meeting, January 9, 1995 Fisher; and 5) Reallocation of appropriation for the staffing realignment of a Senior Administrative Secretary from the Mayor's Office to the Personnel Department. Councilmember Murray questioned whether the $2,000 for the Community Redevelopment Authority was a loan. Councilmember Seifert questioned the additional funding for utility bills. Councilmember Johnson requested a month by month breakdown of utility costs. Motion by Murray, second by Preisendorf, carried unanimously to approve. #95-11 - Approving Amendments to Police and Firefighter Retirement Plans. Chuck Haase, Finance Director, reported that the Resolution provided for the addition of several investment options to the Police and Firefighters group annuity contracts. Motion by Seifert, second by Sorensen, carried unanimously to approve. #95-12 - Approving Modifications to Island Oasis Operating Policies and Fee Schedule. Dawn Carlson, Recreation Superintendent, and Steve Paustian, Parks and Recreation Director, presented information on the proposed modifications, including 1) increasing the season pass replacement fee from $2.00 to $10.00 to offset the costs associated to issue the replacement pass; 2) Reducing the hours of operation on Friday and Saturday from 12:00 Noon to 12:00 Midnight to 12:00 Noon to 10:00 p.m.; 3) Establishing the number of individuals allowed on a family day pass to two adults and three children instead of the two adults and six children currently allowed; and 4) Establishing one fee ($250.00 an hour, including inner tube rental, with a minimum 2 hour rental) for private facility rental. Councilmember Seifert questioned whether the spectator admission policy had been addressed and asked that it be further reviewed at a Study Session. Councilmember Murray voiced concern with lowering the number of children included on the family pass to three. Councilmember Solt moved to approve the modifications to Island Oasis operating policies and procedures as recommended with the exception of setting the family pass at two adults and four children. Second by Seifert, carried unanimously. #95-13 - Approving Request of Cabelas for Handicap Parking Space. Dianne Kelley, Downtown Development Director, reported that Ms. Marji Shackleton, representing Cabela's of Grand Island, located at 105 North Wheeler Street, had requested that an additional handicap parking stall be located at the first parking space on the north side of First Street east of the northeast corner of First Street and Wheeler Street. Motion by Sorensen, second by Seifert to approve. Councilmember Preisendorf noted opposition to private parking. Councilmember Solt requested Cabela's be contacted to see if they would be agreeable to spaces in the 24 hour parking area for handicapped parking instead of the location proposed, and moved to table the request until further discussion. Second by Preisendorf, carried unanimously. ORDINANCES: #8062 - Approving Conveyance of Community Development Property at 1404 East 7th Street and 1410 East 7th Street. Jerri Garroutte, Community Development Director, reported that the Community Development Department recommended the sale of two vacant parcels of land located at 1404 East 7th Street and 1410 East 7th Street, Lots 5 and 6, Block 1, Lambert's I I I Page 6, City Council Regular Meeting, January 9, 1995 Addition, to the Grand Island Area Habitat for Humanity Program in the amount of $1.00. Mrs. Garroutte stated that Habitat for Humanity had future plans to develop the property for low income persons. Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that the ordinances numbered: #8062 Approving Conveyance of Community Development Property at 1404 East 7th Street and 1410 East 7th Street be considered for passage upon the same day upon reading by number only, and then placed on 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 reading and final passage. Councilmember Johnson seconded the motion. After inviting questions or comments and there being none, the Mayor called for a roll call vote on the motion. Upon roll call vote, all voted aye. Motion carried. Clerk: Ordinance #8062 on its first reading. All those in favor of the passage, answer roll call. On roll call vote, all voted aye. Motion carried. Clerk: Ordinance #8062 on its final passage. All those in favor of the passage of Ordinance #8062 on its final passage, answer roll call. Upon roll call vote, all voted aye. Motion carried. Mayor: By reason of the roll call vote on the first and final passage of said Ordinance, Ordinance #8062 is declared to be lawfully passed and adopted upon publication as required by state law. PUBLIC DISCUSSION OF NON-AGENDA ITEMS: John Wagoner, 1711 South Harrison, spoke in opposition to the natural gas rate increase. Gene McCormick, 707 South Pleasantview, spoke in support of a Finance Committee. Darrel King, 203 East 22nd Street, spoke in opposition to the smoke alarm ordinance recently adopted by Council. Councilmembers Johnson, Sorensen, and Preisendorf suggested the Ordinance be reviewed at a future Study Session. Lewis Kent, 624 East Meves Avenue, applauded the Council on their recognition of the Nebraska Cornhuskers and requested information on the status of Monfort and their request to purchase property. Jim Sander, 218 North Harrison, spoke on the potential benefits of the Council Retreat. PAYMENT OF CLAIMS: Motion by Preisendorf, second by Seifert, carried unanimously to approve the claims in the amount of $2,204,047.88 as presented by the City Clerk. Preisendorf abstained from voting on Claim #026267. I I I Page 7, City Council Regular Meeting, January 9, 1995 ADJOURNMENT: The meeting was adjourned at 9:07 p.m. Respectfully submitted, 1,/1 <h cK Ci~ hI;! (.,ra- vE I t&G-Cfr--- ,) Cindy K. :kart~hght ' City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL STUDY SESSION January 16, 1995 Pursuant to due call and notice thereof, a Study Session of the City of Grand Island was conducted on January 16, 1995 at City Hall, 100 East First Street. Notice of the meeting was given in the Grand Island Independent on January 11, 1995. A quorum present, Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Dietrich, Johnson, Solt, Hosier, Preisendorf, Mehring, and Murray. Sorensen, Seifert, and Kehm were absent. The following City Officials were present: Interim City Administrator Wayne Bennett, City Clerk Cindy Cartwright, and City Attorney Keith Sinor. Review of State Bidding Process and Purchasing Policies. Purchasing Agent Beth Griffiths reviewed the City's purchasing policies relative to the State Bidding process. Ms. Griffiths explained the results of an area City survey conducted to assist in determining to what extent other cities utilize purchasing from the State contract. Ms. Griffiths suggested that an alternative to completely utilizing the State contract would be to allow local vendors the opportunity to bid on the item and then compare those bids to the State bid and purchase from the low bidder as this would allow local vendors the opportunity to bid on every item. Councilmember Johnson suggested that the revised policy be reviewed in six to eight months to determine benefits. No other comments were heard. Review of Snow Removal Policies. Walt Vargason, Street and Alley Superintendent, reviewed the City's Snow Removal Policies. Councilmember Preisendorf questioned the time allowed for vehicles to remain parked on the downtown streets and if there was a problem with cars remaining on the streets and hindering the snow removal efforts. Mr. Vargason replied that generally the vehicles on the street were patrons of bars which did not close until 1 :00 a.m. and that it is at times necessary to go back through the downtown streets affected by that. Mr. Vargason noted that there was an Ordinance that prohibited the pushing of snow from private property into the street. Councilmember Mehring questioned whether the salaries presented by Mr. Vargason included overtime. Councilmember Murray voiced appreciation for the comparison figures for removing snow for a 4" snowfall versus a 5" snowfall, and noted that removing snow for a 4" snowfall would add 40% to the costs. Lewis Kent, 624 East Meves, suggested the City staff listen to the weather stations to become aware of potential snowfalls or ice storms. At the request of Councilmember Solt, Mr. Vargason reviewed the procedures for which a snow emergency warning or watch were called, and added that during a snow emergency, parking on emergency snow routes should cease. I I I Page 2, City Council Study Session, January 16, 1995 Policing of Unlicensed Vehicles. Police Chief Gene Watson reviewed the State law relative to the licensing of vehicles and explained that a newly purchased vehicle has a 30-day grace period in which to register the vehicle and obtain plates. Mr. Watson noted that insurance was required at the time the vehicle was registered. Councilmember Preisendorf requested tougher enforcement of unlicensed vehicles. Chief Watson, in response to a request from Councilmember Johnson, reviewed the procedures for enforcing Ordinances relative to abandoned vehicles, and noted that any vehicle left on the public street or on public property is considered abandoned if left in violation of the law for 48 hours. Mayor Gnadt requested that Chief Watson work with neighboring cities to work together on proposed legislation to effect changes at a State level. Mayor Gnadt also questioned whether the City could require in transit stickers on cars purchased from private individuals similar to what dealers provide. Police Chief Watson to examine the feasibility. Lewis Kent, 624 East Meves, suggested that vehicles be immediately impounded if they are stopped and do not have plates or insurance as required. Gene McCormick, 707 South Pleasantview, suggested the City require a bill of sale be in place in the vehicle at all times prior to licensing. Six Year Street Improvement Plan. Assistant Public Works Director Bud Buettner reviewed the proposed One and Six Year Street Improvement Plan and noted the Plan was required annually by State law. Mr. Buettner outlined some of the major projects planned for 1995 including the widening of Webb Road between 13th Street and Old Potash Highway, completion of the Burlington Northern Railroad elevated rail project, Street Improvement Program which consists of the hard surfacing of several streets, and the resurfacing of five miles of Capital Avenue from Airport Avenue to Engleman Road. Mr. Buettner added that 13th Street, from the west City limits to the end of the new five land concrete between K-Mart and Wal-Mart would also be resurfaced in 1995. According to the Public Works Department, a significant project proposed for 1996 was the construction of four lanes, which extend approximately 1/4 mile east of the elevated tracks, on East Highway 30 under the new First and Second Street Burlington Northern Railroad bridges. Councilmember Johnson questioned whether the resurfacing of Capital Avenue would increase the width of the shoulders. Mr. Buettner responded that only resurfacing was proposed. Councilmember Murray questioned whether the funding provided for maintenance of the existing streets was adequate. At the request of Councilmember Mehring, Mr. Buettner reviewed the costs associated with the hiker/biker trail. Lewis Kent, 624 East Meves, spoke against the proposed hiker/biker trail. Discussion on Public Financing of Paving, Sewer and Water Districts in New Subdivisions. Wayne Bennett, Interim City Administrator, suggested that there were four possible policies to address the issue of public financing of paving, sewer, and water districts, and that significant research had been conducted by the staff to provide information on policies of other cities, costs associated with the unpaid assessments and interest on subdivisions constructed under public financing in the 1970's, the legal obligations of the City to create and finance paving districts versus the legal obligation to finance sewer and water districts, and consideration of the need to encourage housing activity. Staff reviewed the four proposed options and recommended that option #3, which would require the subdivider to install sewer and water, but creation of an assessment district for the City to finance and install the paving, was the most logical option I I I Page 3, City Council Study Session, January 16, 1995 inasmuch as it would encourage development by lessening the risk of the developer, but would also reduce the financial burden on the City. Mr. Bennett suggested that the Council establish an overall policy for new subdivisions first and then address specific requests. Mayor Gnadt complimented the staff on the information provided. Councilmember Johnson questioned whose responsibility it would be to pay the costs if the City wanted to install an oversized system which would provide for future growth. Mr. Bennett replied that the developer would pay for the standard system and the City would pay the difference for the upgrade. Councilmember Mehring questioned if the developer could be exempt from paying sales tax on the installations. City Attorney Keith Sinor reported that three rulings had been provided by the State which stated the developers could not be exempt, but added that if the City installed the system, the City would not be required to pay sales tax. Councilmember Preisendorf stated that the City needed to reinvest in the City by developing more lots which would generate more revenue. In response to a question from Councilmember Johnson relative to providing service in remote areas, Nelson Helm, Regional Planning Director, noted that provisions in the subdivision agreement presently provide for the same street standards outside the City limits as in the City. Gene McCormick, 707 South Pleasantview, suggested the City participate with surety bonds from developer guaranteeing City's investment. Jim Reed, 2511 Lakewood Drive, asked that the Council address sanitary storm sewers also. Paul Hamilton, 305 Cherokee, questioned assessments on water main districts and tap districts. Bob Smith, Assistant Utility Director, reviewed assessment policies. Recommendations Forwarded in 1994 Audit. Finance Director Chuck Haase reviewed the recommendations as noted in the City's 1994 Audit performed by McDermott & Miller Accounting. Mr. Haase noted that of the five management letter recommendations, maintain a fixed asset system; personnel document accountability; claims vault security; personal long- distance phone call policy; and intern control or auditor, all but the intern control or auditor were already implemented or soon would be. Discussion was held on the recommendation for an internal auditor. Glendale Reiss, 910 North Boggs, spoke in support of an internal auditor. Gene McCormick, 707 South Pleasantview, spoke in support of controlling telephone usage. Discussion on 24 Hour Parking Policy. Diane Cook, 236 South Kimball, spoke in regards to the enforcement of the 24 hour parking policy. Glendale Reiss, 910 North Boggs, also spoke against the police department's enforcement. Police Chief Gene Watson reviewed the policy relative to 24 hour parking and noted that the Police Department's goal was to ensure that the owners are moving the vehicles in order to prevent the public street from being used as a storage area for vehicles. Councilmember Murray suggested that the City be sensitive to the perception of non-uniform compliance but also mentioned the costs associated with establishing enforcement of 24 hour parking as a priority. Dave McCarthy, 1812 West John Street, suggested the Police Department concentrate on more pressing issues. Discussion of Possible Action to Prohibit a Hide Tanning Facility Within the City Limits. Councilmember Murray stated that he had requested this item be placed on the agenda to address the concerns relative to Monfort purchasing property from the City on which to construct a hide tanning facility. Nelson Helm, Regional Planning Director, reported that current City Code I I I Page 4, City Council Study Session, January 16, 1995 provided that any tanning, curing, or storage of hides or skins would require a Conditional Use Permit with approval of the City Council, whether the use was a new separate use or the expansion of an existing meat packing plant. Councilmember Solt voiced his opposition to a tanning facility. Councilmember Murray stated he wanted the public to be clear on what steps would be required before construction of a tanning facility could occur and noted that a Public Hearing, Public Notice, and Council approval was required. Discussion on Request for Building Permits for Single Family Dwellings on Property Not Located Upon a Dedicated Street. Earl Alschwede, legal counsel for the property owners, spoke on the request for a building permit for a home situated on property that is not located on a dedicated street. It was noted by staff that the problems created for access, addressing, possible provisions of utilities, and jurisdiction for emergency and protective services was a concern. Councilmember Solt spoke on the ingress and egress issue. City Attorney Keith Sinor stated that a private road would not serve the needs of individual owners and believed that the City had a vested interest in the request and could not proceed without approval of the County. Mr. Sinor added that the City needed to provide for public interest as well as private interest of future owners and recommended that roads be established to meet the City's design criteria for width, and turns, drainage, and bridges. The item was referred to a future City Council Meeting for additional discussion. Adjournment: The meeting was adjourned at 9:35 p.m. Respectfully submitted, ~flOL0M ~tv't11lVl) Kf- Cindy K. Cartwright City Clerk -, I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING January 23, 1995 Pursuant to due call and notice thereof, a Regular Meeting of the City of Grand Island was conducted on January 23, 1995, at City Hall, 100 East First Street. Notice of the meeting was given in the Grand Island Independent on January 18, 1995. A quorum present, Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Dietrich, Salt, Hosier, Preisendorf, Kehm, Mehring, Seifert, Murray, and Sorensen. Johnson was absent. The following City Officials were present: Interim City Administrator Wayne Bennett, City Clerk Cindy Cartwright, and City Attorney Keith Sinor. PLEDGE OF ALLEGIANCE was said followed by INVOCATION given by Pastor James Carretta. Mayor Gnadt called for a moment of silence in honor of the death of long time City employee, Don Jelinek. APPROVAL OF MINUTES: Motion by Sorensen, second by Preisendorf, carried unanimously to approve the minutes of the January 9, 1995 Regular City Council Meeting and the City Council Study Session of January 16, 1995. PRESENTATIONS AND PROCLAMATIONS: City Clerk Cindy Cartwright reported that month of February, 1995, had been proclaimed "American Heart Month", and the week of February 6-11, 1995 as "Scouting Anniversary Week". PUBLIC HEARINGS: Request of Al Mosa Bar. 411 North Vine Street. for Addition to Premises Liquor License. City Clerk Cindy Cartwright reported that Niles Miller, owner of Al Mosa Bar, 411 North Vine Street, had submitted an application with the City Clerk's Office for an Addition to Premises Liquor License, for an 8' x 10' enclosed, cooler area located on the south side of the existing licensed premises. Ms. Cartwright noted that the issuance of an Addition to Premises Liquor License is should be contingent upon compliance with City Code relative to Building Inspections. The applicant was present. No public testimony was heard. Public Hearing on Proposed One and Six Year Street Improvement Plan. Bud Buettner, Assistant 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 was presented to the City Council at the January 16, 1995 City Council Study Session and the Planning Commission at their January 4, 1995 regular I I I Page 2, City Council Regular Meeting, January 23, 1995 meeting. Mr. Buettner 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. No public testimony was heard. Public Hearing on Request of Wayne Vanosdall for Conditional Use Permit to Allow for Temporary Structure. Craig Lewis, Building Inspections Director, reported that Mr. Wayne Vanosdall, 1914 Spring Road, had submitted an application for a Conditional Use Permit to allow for the temporary placement of a mobile home at 3201 South Locust Street. No public testimony was heard. DISCUSSION AND INFORMATION ITEMS: Discussion on Public Financing of Paving, Water and Sewer Districts in New Subdivisions. Wayne Bennett, Interim City Administrator, reported that James Reed, President of Jeffrey Oaks Subdivision had submitted a petition requesting paving, sewer, and water districts in Jeffrey Oaks Third Subdivision, and that this request was the first request for publicly financed infrastructure in a new subdivision in a decade. Mr. Bennett noted that at the January 16, 1995 City Council Study Session, four possible policies: 1) no change - continue to discourage public financing of infrastructure in new subdivisions; 2) adopt the Hastings/Kearney policy of requiring the subdivider to pay 50 % up front and assessing the other half of the cost to the lots in the subdivision; 3) adopt the Fremont/Norfolk policy of requiring the subdivider to install sewer and water and then create an assessment district for the City to finance and install the paving; 4) adopt a policy of public finance and assessment for all paving, sewer and water in new subdivisions, were prepared and discussed. It was reported that Alternate 3 could result in more new subdivisions and therefore more residential lots for housing construction, and was the recommendation of staff. Councilmember Seifert made a motion to deny the request and stated that although housing was needed, at what cost to the taxpayers should assistance be provided. Councilmember Sorensen seconded the motion. Councilmember Solt questioned whether the proposals would address current subdivisions. Wayne Bennett, Interim City Administrator, stated that it was the staff's position that the policy would be established for all new subdivisions but would not address or change current policy for established areas. Councilmember Preisendorf noted that Grand Island was growing and that it was important to assist developers but that the City's risk should be minimized. Councilmember Mehring noted that the City would not be paying for the assessments only assisting with the financing through the assessment process. Councilmember Kehm noted that the developer would not be developing the land if it was not profitable and stated that the City would not be in a position to finance the assessments if a building slump were to occur. Councilmember Preisendorf noted that legally the City was obligated to provide paving if petitioned in. Councilmember Seifert and Sorensen withdrew their motion to deny the request. Councilmember Seifert moved to adopt Alternate 3 as suggested by City which would provide that the subdivider to install sewer and water, and then create an assessment district for the City to finance the paving. Councilmember Sorensen seconded the motion. Upon roll call vote, all voted aye. I I I Page 3, City Council Regular Meeting, January 23, 1995 Discussion on Request for Building Permits for Single Family Dwellings on Property Not Located Upon Dedicated Streets. Wayne Bennett, Interim City Administrator, reported that as discussed at the January 16, 1995 City Council Study Session, Earl Ahlschwede, on behalf of Thomas L. Anderson, Donald S. Roush, Marlene C. Roush, Michael D. Roush, and James R. Hatch, had submitted a request with the Building Inspections Department for the issuance of a building permit on tracts of land which do not front on a dedicated street. It was noted that City Code required City Council approval prior to the issuance of building permits on tracts of land which do not front on dedicated streets. Concerns had been raised by staff relative to proper planning for streets and utilities for this and adjacent property, and access, addressing, and potential confusion and access issues for emergency and protective services. Councilmember Solt moved to deny the request and direct staff to develop the amendments to the subdivision regulations as outlined by the Regional Planning Director relative to establishing regulations for large lots. Councilmember Murray seconded the motion. Earl Alschwede, legal counsel for the owners, spoke in support of the request. City Attorney Keith Sinor stated that the City had an obligation to provide for the public interest and that it would be not be in the best interest to allow the developer to create whatever kinds of streets, or easements without regard to the public interest. Upon roll call vote, Dietrich, Solt, Hosier, Preisendorf, Kehm, Mehring, Murray, voted aye. Sorensen and Seifert voted nay. Motion adopted. REQUESTS AND REFERRALS: Receipt of Official Documents. Motion by Solt, second by Sorensen, carried unanimously to receive and place on file the minutes of the Library Board Meeting of December 5, 1994, the minutes of the Downtown Improvement Board Meeting of December 20, 1994, and the minutes of the Regional Planning Commission Meeting of January 4, 1995, and the Official Bond, in the amount of $20,000 for the Interim City Administrator. Approving Addition to Premises Liquor License for Al Mosa Bar, 411 North Vine Street. Motion by Sorensen, second by Mehring, carried unanimously to approve the request of Al Mosa Bar, 411 North Vine Street, for Addition to Premises Liquor License, contingent upon compliance with City Code. Consideration of Request of Tedd Robb for Waiver to Sanitary Sewer Requirement for Knox Second Subdivision. Craig Lewis, Building Inspections Director, and Bud Buettner, Assistant Public Works Director, reported that the request of Mr. Tedd Robb, 3740 South Highway 281, had submitted a request for waiver of the sanitary sewer requirements for Knox Second Subdivision, and noted that this request would provide for an amendment to the subdivision agreement for Knox Second Subdivision to allow the installation of a private sewage disposal system rather than connection to the City sewer system, had been withdrawn from the agenda at this time. Approvin~ Request of Wayne Vanosdall for Conditional Use Permit for Temporary Placement of Mobile Home at 3201 South Locust Street. Craig Lewis, Building Inspections Director, reported that Mr. Vanosdall had submitted a request for the placement of a mobile home at 3201 I I I Page 4, City Council Regular Meeting, January 23, 1995 South Locust Street. Motion by Mehring, second by Sorensen, to approve the request for a two year period of time. Mr. Lewis, in response to Councilmember Murray's question, stated that he did not believe there were plans for a permanent structure. Upon roll call vote, Preisendorf, Dietrich, Murray, Hosier, Kehm, Seifert, Sorensen, and Mehring voted aye. Solt voted nay. Motion carried. Approving Request of Subway for License Agreement for Sign Encroachment in the Public Right of Way at 1216 West Second Street. Craig Lewis, Building Inspections Director, reported that Mr. Doug Redman, owner of Subway, located at 1216 West Second Street, had submitted an application for a License Agreement to allow for the construction of a canopy in the public right of way at 1216 West Second Street. Mr. Lewis added that Mr. Redman had made application to the State of Nebraska Department of Roads for permission, and that verbal approval had been given. Mr. Lewis recommended that if the request was approved, that a minimum of eight feet clearance above the sidewalk be required and that the projection be maintained at least three feet behind the curb line. Motion by Kehm, second by Seifert, carried unanimously to approve. Referral to Regional Planning Commission for Request of Ore-Ida for Rezoning of Property Located immediately east of 204 East Roberts Street. It was reported that Mr. Charles Winkler, representing Doug and Tami Petersen, 1414 East Capital Avenue, had submitted a request to rezone a 12 acre track of property located immediately east of 204 East Roberts Street from TA (Transitional Agriculture) zone to M2 (Heavy Manufacturing) zone, and that the request should be referred to the Regional Planning Commission for hearing and recommendation. Motion by Solt, second by Preisendorf, carried unanimously to approve. RESOLUTIONS: #95-14 - Awarding Bid for Substation Maintenance Contract. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for Electrical Substation Maintenance to serve the Utility Department, Engineering Division, and that four bids had been received, ranging from $533,785 to $1,667,683; however, none of the bids provided firm pricing for the replacement parts section of the bid. Ms. Griffiths added that the absence of firm pricing resulted from bidders' inability to obtain firm pricing from the various manufacturers, and that due to the absence of firm pricing, it was decided that the Utility Department would provide the replacement parts from inventory or separate bid/purchase, and that the firm, fixed costs for the remaining project components would then be evaluated. It was explained that after consultation between the Utility, Purchasing, and Legal Departments, all bidders were formally notified regarding the method of evaluation due to the absence of firm pricing for replacement parts and bidders were given the opportunity to voice disagreement with the City's method of award. It was noted that on January 5, 1995, the City issued a letter to all bidders clarifying the exact components to be included in the City's award for the not-to-exceed contract. Ms. Griffiths stated that the low bid had been submitted by Shermco Industries, Inc. of Dallas, Texas, in the amount of $533,785. Councilmember Seifert questioned the letter received from Westinghouse. Beth Griffiths, Purchasing Agent, reviewed the bidding and evaluation methods. Motion by Sorensen, second by Preisendorf, to approve. Upon roll call vote, motion carried unanimously. I I .1 Page 5, City Council Regular Meeting, January 23, 1995 #95-15 - Awarding Bid for Trimming and Removal of Various Trees at L.E. Ray Park. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the trimming and removal of various trees at L.E. Ray Park for the Parks and Recreation Department, and that one bid had been received from Sheffield Tree Service of Grand Island in the total amount of $20,790 for four sections. Ms. Griffiths noted that the project was specified as four areas of work, with Sections 2, 3, and 4 as priorities, however the total of these sections was $15,900, which exceeded the engineer's estimate of $15,000. It was explained that according to statutory requirements, the City could negotiate in a situation where there was one bid and it exceeded the engineer's estimate and that the Parks and Recreation Director had contacted Sheffield Tree Service, who was agreeable to completing specified Sections 2, 3, and 4 for the engineer's estimate of $15,000. #95-16 - Awarding Bid for Wooden Utility Poles. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of wooden utility poles, to serve the Utility Department, Electric Line Division, and that bids were solicited from six bidders offering pricing for 40',45', and 50' lengths of wood utility poles. Ms. Griffiths noted that four bids had been received, ranging from $223.50 to $288.41, $272.00 to $348.77, and $323.00 to $410.92 each respectfully, and that the low bid for all three types of poles was submitted by Larsen Marketing of Lincoln, Nebraska, in the amount of $59,550.27, including tax. Motion by Sorensen, second by Preisendorf, carried unanimously to approve. #95-17 - Awarding Bid for PVC Conduit and Miscellaneous. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of PVC Conduit and miscellaneous electrical items to serve the Utility Department, Underground Division, and that bids had been submitted by four vendors offering pricing for 17 line items of miscellaneous electrical items; however, ten of the line items could be awarded by purchase order without Council action as the total award to each of three vendors was less than $10,000. Ms. Griffiths noted that low bids had been submitted for the remaining seven electrical items by Kriz Davis of Grand Island in the amount of $11,476.26, plus tax. Motion by Sorensen, second by Preisendorf, carried unanimously to approve. #95-18 - Awarding Bid for Confined Space Multi-Gas Monitors. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of confined multi-gas monitors to serve the Utility Department, all divisions, and that three bids had been received ranging from $2,207.82 to $2,699.61 each, after evaluation. Ms. Griffiths noted that two bidders did not include specified components as part of the base price, but were priced as accessories. It was noted that the original bid specified six each monitors; however, it was proposed to purchase five each in order to bring the award under the engineer's estimate of $12,000. Ms. Griffiths stated that the low bid had been submitted by Diversified Sales Company of Lexington, Nebraska, in the amount of $11,039.10. Councilmember Dietrich questioned the quantity required. Mike Franks, 2450 East Lake Drive, Omaha, representing Elvin Safety Supply, spoke on the bid award. Motion by Sorensen, second by Preisendorf, to approve. Upon roll call vote, Dietrich, Hosier, Preisendorf, Kehm, Seifert, Sorensen, Mehring, and Murray voted aye. Solt voted nay. Motion carried. I I J Page 6, City Council Regular Meeting, January 23, 1995 #95-19 - Awarding Bid for Hydropneumatic Tank. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of Hydropneumatic Tank to serve the Public Works Department, Waste Water Treatment Division, and that three bids had been received ranging from $19,950 to $27,633. Ms. Griffiths noted that the low bid had been submitted by Brown-Minneapolis of St. Paul, Minnesota in the amount of $19,950. Motion by Sorensen, second by Preisendorf, carried unanimously to approve. #95-20 - Approving Sale of City Vehicles. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of City Vehicles - Utility Department, and that after the purchase of 1994 replacement vehicles, six units remained for disposal. Ms. Griffiths noted that two units, which were in poor condition, were auctioned off at the Police Auction, but that fourteen bidders submitted a total of 21 bids for the remaining four vehicles. It was noted that the high bid received for each unit was as follows: Unit #71, 1985 Dodge Half Ton Conversion Cab, 8 Cylinder, by Dennis Ott for $3,200; Unit #94, 1981 Ford F250 Cab and Chassis, 6 Cylinder, by Gilbert Reher for $402; Unit #29, 1983 GMC Sierra 1500, 6 Cylinder, Leighton Lanka for $1,526; and Unit #68, 1981 Chevrolet Citation 4-Door Sedan, 4 Cylinder, Dwight Richards in the amount of $1,000. Motion by Sorensen, second by Preisendorf, carried unanimously to approve. #95-21 - Awarding Bid for Demolition of Community Development Property. Jerri Garroutte, Community Development Director, reported that the Purchasing Division had received bids for the demolition and site clearance of 716 North Oak Street which was acquired by the Community Development Department under the Voluntary Acquisition Program and which was determined by City staff to be economically unfeasible for rehabilitation. Mrs. Garroutte noted that three bids had been received, ranging from $3,500 to $9,800, and that the low bid had been submitted by Mike Galvan Construction of Grand Island. It was noted that Council approval to execute the agreement was required. Motion by Sorensen, second by Preisendorf, carried unanimously to approve. #95-22 - Approving City Entrance Signage Design and Award of Bid. It was noted that the Council had reviewed City Entrance Signage at the December 19, 1995 City Council Meeting but that no consensus had been reached by the City Council. City Clerk Cindy Cartwright stated that as a result, Mayor Gnadt had requested that the City Entrance Signage Committee meet an additional time in order to reach consensus of the committee. It was noted that the Committee reviewed the signage proposals on January 3, 1995 and recommended Council approval of Design #1 by Neon Signs, in the proposal amount of $5,340 per sign, including landscaping. Motion by Kehm, second by Murray to approve. Councilmember Mehring questioned the cost versus budgeted amount of $5,000. Councilmember Preisendorf noted that because the award was for a proposal, the best proposal, not lowest bid was selected. Frances Gauthier, 2700 South August Street, spoke against the bid award. Upon roll call vote, Dietrich, Solt, Hosier, Preisendorf, Murray, and Kehm voted aye. Mehring, Seifert, and Sorensen voted nay. Motion carried. I I I Page 7, City Council Regular Meeting, January 23, 1995 #95-23 - Approving Six Year Street Improvement Plan. Motion by Murray, second by Seifert to adopt the Six Year Street Improvement Plan as presented by the Public Works Department. Councilmember Sorensen moved to amend the motion to delete M31O-330 Hike/Bike Trail. Councilmember Mehring seconded the amended motion. Councilmember Murray noted that this motion was to approve a planning document and that specific Council action for design of trail or purchase of land would be returned at a later date and questioned what effect deletion of the hike and bike trail would have on the possibility of getting Federal funding at a later time. Interim City Administrator Wayne Bennett noted that the project would have to be part of the Plan in order to receive funding. Steve Paustian, Parks and Recreation Director, mentioned that the Hike and Bike Trail Committee had spent a significant amount of time reviewing the potential locations for a hike and bike trail and that this particular location had been the recommendation of the committee. John Tagel, 2706 West LaMar, spoke in opposition to the hike and bike trail. Mayor Gnadt stated that no official action had been taken by the City with regards to the potential hike and bike trail, and that nothing had been finalized with Burlington Northern. Councilmember Solt moved to table action on the Six Year Street Improvement Plan for two weeks to allow for additional comment. Councilmember Murray seconded the motion. Michael Hooper, 715 West First Street, spoke in support of further input relative to the hike and bike trail. Mark Gresham, 242 South Cherry, Frances Sindelar, 2448 LaMar Avenue, John Sturgull, 2403 West Phoenix, spoke in opposition to the hike and bike trail. George Zahn, 916 West Division, spoke on the issue. Upon roll call vote on the motion to table action, Dietrich, Solt, Kehm and Murray voted aye. Hosier, Preisendorf, Seifert, Sorensen, and Mehring voted nay. Motion failed. Roll call vote was then taken on the amendment to delete M31O-330 from the Six Year Street Improvement Plan. Upon roll call vote, Dietrich, Solt, Preisendorf, Hosier, Kehm, Mehring, Sorensen, and Seifert, voted aye. Murray voted nay. Motion carried. Roll call vote was then taken on the motion to adopt the Six Year Street Improvement Plan excluding M31O-330. Upon roll call vote, all voted aye. Motion carried. #95-24 - Approving Request for Time Extension for Completion of Water Main District #416T and Sanitary Sewer District #476T, Platte Valley Industrial Site. Gary Mader, Utilities Director, reported that Diamond Engineering Company had requested that the City extend the construction completion date on Water Main District #416T and Sanitary Sewer District #476T which extend water and sewer services to the Platte Valley Industrial Park. Mr. Mader noted that the scope of contract work was increased to add the water and sewer lines that the newest developer at the Industrial Park was required to install, and it was therefore recommended that the completion date be extended from December 31, 1994 to May 1, 1995. Motion by Kehm, second by Solt to approve. Upon roll call vote, Dietrich, Solt, Hosier, Kehm, Mehring, Sorensen, Seifert, and Murray voted aye. Preisendorf was absent at the time the vote was taken. Motion carried. #95- 25 - Approving Agreement with Nebraska Department of Roads for Funding for State Street Hiker/Biker Trail. Bud Buettner, Assistant Public Works Director, reported that on October 25, 1993, the City Council awarded a bid to Diamond Engineering Company for construction of the State Street Extension project and that Federal funds had been requested and authorized for construction of a ten foot wide concrete hiker/biker trail along State Street from North Road to a point approximately 350 feet east of U.S. Highway 281. It was noted that construction had I I I Page 8, City Council Regular Meeting, January 23, 1995 been anticipated to be completed in accordance with the extension project but that due to a requirement that the Nebraska Department of Roads advertise and conduct a bid letting for the project, construction was delayed. Mr. Buettner reported that Resolution #95-25 provided for approval of an Agreement with the Nebraska Department of Roads for Federal Roadside Enhancement funding of the State Street biker/hiker trail for which the City's share of the project would be 20% or approximately $26,593.59. Motion by Seifert, second by Kehm, carried unanimously to approve. City Attorney Keith Sinor noted that he believed the State would approve the amendments to the contract he had proposed relative to perpetual maintenance and maximum City obligation. #95-26 - Approving Change Order for Bailey Controls DCIS for Platte Generating Station. Gary Mader, Utilities Director, and Beth Griffiths, Purchasing Agent, reported that Black and Veatch, the City's consultant, City engineering staff, and the equipment supplier, Bailey Controls, had developed Change Order #1 for the Distributed Control and Information System Equipment for the Platte Generating Station. Mr. Mader noted that the Change Order consisted of the following revisions: 1) revision in the number and type of operator control processors; 2) addition of the interposing relays to this equipment contract. This item will not be included in the later installation contract; 3) revisions to alignment of cabinet groups; 4) addition of the field termination cabinets to this equipment contract. These cabinets will not be included in the installation contract as per the original plan. Mr. Mader stated that the total net amount of Change Order #1 is $29,528.66 and that approval of this Change Order would result in a revised total Bailey Controls Company contract amount of $680,418.66. Motion by Solt, second by Dietrich, carried unanimously to approve. ORDINANCES: #8063 - Approving Conveyance of City Property to Monfort. Inc. Gary Mader, Utilities Director, reported that Mr. Kevin LaFluer, Executive Vice President of Monfort, Inc., had extended an offer to purchase 27 acres of City property owned by the Electric Utility. Mr. Mader explained that the City Wastewater Treatment Plant had facilities and held easements in the property proposed for sale, and that the Electric Utility had two power lines in this property but added that the City's needs could be met by retention of easements, modification of oxygen injection manholes to accept truck loading on the property, and by removal of the irrigation well and appurtenances. Mr. Mader added that inasmuch as sale of the entire 27 acre tract would severely limit access from the south for further infrastructure development and railroad access, it was recommended that a 100' wide strip on the east edge of the proposed sale property be maintained in City ownership, and that 22.9 acres be sold to Monfort, Inc., at a price of $38,930. Lewis Kent, 624 East Meves, spoke in opposition to the sale. George Zahn, on behalf of Monfort, spoke in support. Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinance numbered: I I I Page 9, City Council Regular Meeting, January 23, 1995 #8063 Approving Conveyance of City Property to Monfort, Inc. be considered for passage the same day upon reading by number only, and then placed on final passage, 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 questions or comments and there being none, the Mayor called for a roll call vote on the motion. Upon roll call vote, Dietrich, Hosier, Preisendorf, Kehm, Mehring, Murray, Seifert, and Sorensen voted aye. Solt voted nay. Motion carried. Clerk: Ordinance #8063 on its first reading. All those in favor of the passage, answer roll call vote. Upon roll call vote, Dietrich, Hosier, Preisendorf, Kehm, Mehring, Murray, Seifert, and Sorensen voted aye. Solt voted nay. Motion carried. Clerk: Ordinance #8063 on its final passage. All those in favor of the passage of Ordinance #8063 on its final passage, answer roll call. Upon roll call vote, Dietrich, Hosier, Preisendorf, Kehm, Mehring, Murray, Seifert, and Sorensen voted aye. Solt voted nay. Motion carried. Mayor: By reason of the roll call vote on the first and final passage of said Ordinance, Ordinance #8063 is hereby declared to be lawfully passed and adopted upon publication as required by state law. PUBLIC DISCUSSION OF NON-AGENDA ITEMS: Gene McCormick, 707 South Pleasantview, and Glendale Reiss, 910 North Boggs, spoke on budgetary issues. Coad Miller, 1807 West John Street, spoke on public financing of development. Frances Gauthier, 2700 South August Street, spoke against signage design. Jim Reed, 2511 Lakeside Drive, spoke on public financing of developments. PAYMENT OF CLAIMS: Motion by Preisendorf, second by Seifert, carried unanimously to approve the claims in the amount of $2,503,090.62 as presented by the City Clerk. ADJOURNMENT: The meeting was adjourned at 9:25 p.m. Respectfully submitted, Ci~V~~~M ~ \rJ City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL RETREAT January 28, 1995 Pursuant to due call and notice thereof, a Council Retreat was conducted at Camp Augustine, 6574 South Locust Street, on January 28, 1995. Notice of the Retreat was given in the Grand Island Independent on January 20, 1995. Mayor Gnadt called the meeting to order at 8:30 a.m. The following members were present: Mayor Gnadt, Councilmembers Dietrich, Solt, Hosier, Kehm, Seifert, Murray, Johnson, Mehring, and Preisendorf. Sorensen was absent. The following City Officials were present: Interim City Administrator Wayne Bennett, and City Clerk Cindy Cartwright. NEGOTIATIONS/TEAM BUILDING. Bill Podraza, City Manager of Lexington, presented information on win/win negotiations and team building. Discussion was held on establishing an outline of the desired characteristics for a City Administrator. The characteristics as indicated by the Mayor and City Council were: knowledge of Administrator job, leadership skills, people skills, personal integrity, and management skills. MAYOR'S OVERVIEW OF HIS VISION FOR THE FUTURE OF GRAND ISLAND. Mayor Gnadt reviewed his vision for the future of Grand Island as stated during his campaign for Mayor. Mayor Gnadt noted that jobs, economic growth, the I-80/South Locust Interchange, Warm Slough project, City/County relations, Hall County Reuse Committee, enhancement of the quality of life, development of new foundations, Civic Center, City/County cooperative effort with St. Francis to broaden health care in the trade area, and involvement of volunteers throughout the community, denoted his vision of the future. Mayor Gnadt also spoke in support of establishing a Blue Chip Committee for economic development, a Youth Committee, a Women's Issues Committee, a Mayor's Advisory Audit Committee, and a City Mission Statement. REVIEW OF COMPREHENSIVE LAND USE AND TRANSPORTATION PLAN. Nelson Helm, Regional Planning Director, reviewed the City's Comprehensive Land Use and Transportation Plan. REVIEW OF BUDGET SCHEDULE. Chuck Haase, Finance Director, reviewed the budget schedule for adoption of the 1995-1996 Annual Budget. Consensus was to include more opportunities for public input at the start of the budget process. A decision was made to set aside time at Study Sessions to receive this input from the community. Cindy Cartwright, City Clerk, noted that GITV could be utilized to inform and advise the public of the need and opportunity to provide budget requests and input. I I I Page 2, City Council Retreat, January 28, 1995 REVIEW OF CITY REVENUES AND EXPENDITURES. Chuck Haase, Finance Director, reviewed the City's revenue from sales tax, property taxes, and keno. Mayor Gnadt requested that information be publicized on how the City's share of the property tax has declined. Mr. Haase noted that the City's general obligation debt would be paid off by 2000. Councilmember Mehring suggested the City establish a larger reserve fund. Mr. Haase noted that State Statutes provided a limit on the amount of funds which could be in reserve. Discussion was held on the Resolution adopted by the City Council relative to use of keno funds. It was determined that an amendment should be made to the Resolution whereby the funds would be designated for community betterment, and not specific property tax relief. REVIEW OF STAFF REPORTS RELATIVE TO BUDGET . Wayne Bennett, Interim City Administrator, reviewed the requests submitted by staff for additional personnel and projects. Mr. Bennett explained that management suggested moving away from the Ralph Anderson Pay Plan. REVIEW OF BUDGET INPUT SURVEY. Cindy Cartwright, City Clerk, reviewed the results from the recent budget input survey and noted that the respondents were pleased with the level of services provided by the City and believed that a cost of living increase or maintenance of the budget at the current level was appropriate. GOALS AND PRIORITIES. Councilmembers forwarded 20 of their top goals and priorities for 1995-1996. The initial priorities were: 1. Housing 2. Economic Development 3. Fire Station/Capital Heights 3. Fire Station #1 Exhaust System 4. Wood River Warm Slough Project 5. Island Oasis water park improvement 5. Community Redevelopment Authority funding 6. Civic Center 7. South Locust/I -80 project 7. Infrastructure 8. Hike/bike trails 9. LE Ray Park 9. Youth investment 9. Annexation 10. Seed money for business start up (restrictive reserves) 11. Fourth Street, South Locust Street, Highway 30 Improvement Districts Other goals and priorities of the Council which did not make the top listing included: Demolition of old power plant Incentive for developers I I I Page 3, City Council Retreat, January 28, 1995 Community policing Property Maintenance Code enforcement GrTV personnel/equipment Redevelopment of old Jack and Jill facility - health department/fire station Redevelopment of old Jack and Jill facility - recreation facility Public transportation Tornado Hill improvements Councilmember Kehm left at 4: 10 p.m. PROPOSED BUDGET LEVEL. Councilmember Johnson questioned what direction the Council wanted to take relative to a budget level. The consensus of the group was to look at a cost of living increase. ADJOURNMENT: The meeting was adjourned at 4:40 p.m. Respectfully submitted, ~fi~stJ- Cindy K. Cartwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL STUDY SESSION January 30, 1995 Pursuant to due call and notice thereof, a Study Session of the City of Grand Island was conducted on January 30, 1995, at City Hall, 100 East First Street. Notice of the meeting was given in the Grand Island Independent on January 25, 1995. A quorum present, Mayor Gnadt called the meeting to order at 7:02 p.m. The following members were present: Mayor Gnadt, Councilmembers Hosier, Preisendorf, Kehm, Mehring, Seifert, Murray, and Johnson. Solt, Sorensen, and Dietrich were absent. The following City Officials were present: Interim City Administrator Wayne Bennett, City Clerk Cindy Cartwright, and City Attorney Keith Sinor. Relocation of Study Sessions. Mayor Gnadt reviewed the benefits of holding the Study Sessions in a more informal setting. Presentation by Crisis Center on Six Month Report. Laurie Shultis, Executive Director of the Crisis Center, presented the Center's Six Month Report. Discussion was held on the number of individuals served and the expenses associated with that service. It was noted that the City and the County each provided $10,000 in funding to the Crisis Center on a yearly basis. Smoke Detector Alarm Ordinance. Craig Lewis, Building Inspections Director, reviewed the smoke alarm ordinance adopted by Council. Councilmember Seifert noted that the Junior City Council were assisting the Firefighter Union with ensuring homes had fire alarms. Fire Chief Jim Rowell reviewed the letter received from the State Fire Marshall commending the City for its actions relative to fire prevention. Darrell King, 203 East 22nd Street, spoke in opposition to the Ordinance. Gene McCormick, 707 South Pleasantview, spoke in support of the Ordinance. Bryan Stutzman, representing Local 647 Firefighters Union, commended the City Council for the action taken in implementing the Ordinance and explained the program the Local 647 Firefighters Union were undertaking to help install smoke detector alarms in homes. Craig Lewis, Building Inspections Director, reviewed the enforcement and regulation procedures. Proposed Amendment to the Grand Island Zoning Ordinance to Provide for Landscaping Regulations. Nelson Helm, Regional Planning Director, reviewed the proposed amendment to the Zoning Ordinance which would provide for landscaping regulations and which the Regional Planning Commission unanimously adopted at their Meeting of January 4, 1995. Mr. Helm credited the Wittenberg University intern for assisting in the research and development of the regulations. Mr. Helm noted that the purpose of the amendment was to provide for a greening of the community and would establish a minimum standard for landscaping of new development. Discussion was held on the requirements for the types and sizes of greenery. Councilmember I I I Page 2, City Council Study Session, January 30, 1995 Preisendorf questioned which City department was responsible for review of the landscaping plans. It was noted that the Building Department would review the plans as part of the submission of materials for a building permit. Glendale Reiss, 910 North Boggs, cautioned against blocking streets with landscaping. Review of Ordinance on Portable Signs. Craig Lewis, Building Inspections Director, reported on the need for Council direction for possible revisions to the sign ordinances regulating portable or mobile signage. Mr. Lewis suggested that portable signs be abolished except for very limited use such as a grand opening or special events. Concerns relative to abuse and neglect were cited. Councilmembers Kehm and Johnson voiced concern relative to the additional expense a permanent sign would cost a new business owner. Carl Mayhew, Mayhew Signs, stated that there was an abuse of the current system and that regulation would help. Councilmember Seifert suggested that special events be clearly defined. Councilmember Murray stated that he believed this to be a good proposal and asked Mr. Lewis to return to the City Council with a proposed revision. Gene McCormick, 707 South Pleasantview, spoke on the issue. Spectator Admission Policies for Island Oasis Water Park. Parks and Recreation Director Steve Paustian reviewed the spectator admission policies for the Island Oasis Water Park and noted the reasons to support maintaining the existing policies. Councilmember Johnson spoke in support of construction of an observation deck. Councilmember Seifert noted that although he had at first been opposed to charging admission for spectators, he now understood better why that was necessary. No action was recommended. Potential Expansion and Possible Implantation of Island Oasis Water Park Plan. Steve Paustian, Parks and Recreation Director, stated that guidance and direction was needed from the City Council relative to potential expansion and possible implementation of the Island Oasis Water Park plan. Wayne Bennett, Interim City Administrator, provided information on alternatives for expansion, and the possible funding sources for the expansion. Councilmember Johnson stated that he would like to see $150,000 yearly generated in revenue which could be used for capital improvements which would be completed incrementally. Mr. Johnson noted his preference for the addition of two slides, and an observation deck. Councilmember Preisendorf agreed that two slides should be a priority as well as a tube corral, and stated that the two slides could be added without additional infiltration which would decrease the cost. Mr. Paustian provided information on a Capital Improvement fee which could be added in order to generate the revenue for new capital improvements. Mr. Paustian cautioned that a Capital Improvement fee might be difficult to assess to season pass holders. Mr. Paustian added that he would be looking to increase the starting wage for several positions at the Water Park. Councilmember Mehring spoke in support of paying for the improvements as the money is available, by setting aside profits. Councilmember Seifert spoke in support of the need for recreation and stated that less emphasis should be placed on the money generated and more on the quality of life being provided. Mr. Seifert added that Pier Pool had been a drain on City finances for several years. Councilmember Kehm spoke in support of improving other infrastructure throughout the City. Councilmember Murray stated that the facility was being well utilized and that additions were needed to keep pace with the market. Mr. Murray suggested that a surcharge could be included I I I Page 3, City Council Study Session, January 30, 1995 on the season pass purchases. Mr. Murray stated that he would like to see Phase One undertaken at this time. Finance Director Chuck Haase explained that the Water Park operations did not pay liability insurance and that the excess did not directly address profit. City Attorney Keith Sinor noted that a vote of the people would be required if a bond was necessary to finance the expansion. Glendale Reiss, 910 North Boggs, spoke against expansion. Gene McCormick, 707 South Pleasantview, spoke on personnel requests. Lewis Kent, 624 East Meves, questioned the expansion time frame. Councilmember Hosier and Seifert spoke in support of moving ahead with the engineering study and the addition of two slides. Councilmember Kehm spoke in support of expending the funds set aside for engineering for use in establishing a comprehensive Recreation Plan. Adjournment: The meeting was adjourned at 9:20 p.m. Respectfully submitted, ~ r\J!WWt ~ Cindy K. Cartwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING February 6, 1995 Pursuant to due call and notice thereof, a Regular Meeting of the City of Grand Island was conducted on February 6, 1995, at City Hall, 100 East First Street. Notice of the meeting was given in the Grand Island Independent on February 1, 1995. A quorum present, Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Dietrich, Solt, Johnson, Hosier, Preisendorf, Kehm, Mehring, Murray and Sorensen. Seifert was absent. The following City Officials were present: Interim City Administrator Wayne Bennett, City Clerk Cindy Cartwright, and City Attorney Keith Sinor. APPRO V AL OF MINUTES: Motion by Preisendorf, second by Dietrich, carried unanimously to approve the minutes of the January 23, 1995 Regular City Council Meeting, the minutes of the City Council Retreat of January 28, 1995, and the minutes of the City Council Study Session of January 30, 1995. PROCLAMATIONS: Cindy Cartwright, City Clerk, reported that February had been proclaimed American History Month. PUBLIC HEARINGS: Request for Change of Land Use District from Transitional Agriculture to Heavy Manufacturing Zone on Property Located immediately east of 204 East Roberts Street. Nelson Helm, Regional Planning Director reported that Mr. Charles Winkler, representing Doug and Tami Petersen, 1414 East Capital Avenue, had submitted a request to rezone a 12.10 acre tract of property located immediately east of 204 East Roberts Street, from a "TA" (Transitional Agriculture) Zone to "M2" (Heavy Manufacturing) Zone, and that the rezoning would allow for future expansion of the Ore-Ida Foods, Inc. processing facility that is immediately west of the subject property. No public testimony was heard. Performance of Nova Tech. Inc.. Relative to Community Development Block Grant Program. Jerri Garroutte, Community Development Director, reported that the Nebraska Department of Economic Development accepted applications through the Small Cities Community Development Block Grant Program for grant funding to assist in economic development activities, and that the City Council had approved the application of Nova Tech, Inc., in the amount of $343,500 to assist with the retention of 14 jobs and creation of 16 full time equivalent positions. Mrs. Garroutte noted that a condition of the loan required that a second Public Hearing be held midway through the project in order to provide a progress report on the project I I I Page 2, City Council Regular Meeting, February 6, 1995 performance. Ms. Gloria Thesenvitz, President of Nova Tech, presented information on the project status, and reported that 14 positions had been retained and 5 had been added to date. No other public testimony was heard. Proposed Amendment to Zoning Ordinance to Provide for Landscaping Regulations. Nelson Helm, Regional Planning Director, reported that as discussed at the January 30, 1995 City Council Study Session, an amendment to the Grand Island Zoning Ordinance providing for the establishment of landscaping regulations which would provide for a minimum standard for landscaping of new development projects of a commercial, industrial, or multiple family residential nature, was presented. Mr. Helm noted that the amendment was initiated by the Regional Planning Department to provide for a "greening" of the community, and that the Regional Planning Commission, at its meeting of January 4, 1995, acted unanimously to recommend approval of this amendment. Mr. Helm added that consideration of the Ordinance would be delayed for two weeks to allow for final changes. M.D. Bahensky, 4251 Branding Iron Court, spoke on trash along Highway 281. Carl Mayhew, 507 Plum Road, spoke on 30' canopy tree requirement. Mr. Helm explained that the Ordinance provided for an option to the canopy tree requirement and that the owner had the prerogative to determine which landscaping best suited the property. DISCUSSION AND INFORMATION ITEMS: Mayor Gnadt noted that this morning the Travelers Radio Station, 530 on the AM Dial, had been activated. REQUESTS AND REFERRALS: Receipt of Official Documents. Motion by Sorensen, second by Kehm, carried unanimously to receive and place on file the minutes of the Civil Service Commission Meeting of December 12, 1994, and the minutes of the Hall County Board of Health Meeting of January 11, 1995. Appointment of Health Department Director. Motion by Preisendorf, second by Sorensen, carried unanimously to approve the appointment of Mr. Raymond Rabe, Sterling, Colorado, as the new Health Department Director. Consideration of Proposed Subdivision Amendments relative to Public Finance for Water, Paving and Sewer Districts in new Subdivisions. Nelson Helm, Regional Planning Director, reported that at the January 23, 1995 City Council Meeting, Council directed staff to prepare an amendment to the Grand Island Subdivision Regulations which would pattern the Fremont/N orfolk policy of requiring the subdivider to install sewer and water in new subdivisions, and then create an assessment district for the City to finance and install the paving. Mr. Helm stated that the Regional Planning Department had prepared an amendment to the Grand Island Subdivision Regulations which provided for those conditions and timing where the City would create a street paving district as part of the subdivision process. Councilmember Johnson made a motion to refer the proposed amendment to the Regional Planning Commission I I I Page 3, City Council Regular Meeting, February 6, 1995 for a public hearing. Second by Murray. Councilmember Preisendorf noted that this amendment would speed up land development. Gene McCormick, 707 South Pleasantview, questioned whether sidewalks were included. Wayne Bennett, Interim City Administrator, noted that sidewalks were not addressed in the proposed subdivision amendments. Upon roll call vote, all voted aye. RESOLUTIONS: #95-27 - Awarding Bid for Miscellaneous Electrical Items. Gary Mader, Utilities Director, reported that the Purchasing Division had received bids for the purchase of miscellaneous electrical items to serve the Utility Department, Electric Line and Underground Divisions and that bids had been submitted by four vendors offering pricing for 25 electrical line items; however, 18 of the line items could be awarded without City Council action inasmuch as the total award to each individual bidder was less than $10,000. Mr. Mader noted that low bids had been submitted for the remaining seven electrical items by Dutton Lainson of Hastings, Nebraska in the amount of $12,816.90, plus tax. Motion by Kehm, second by Solt, carried unanimously to award the low bid to Dutton Lainson. #95-28 - Awarding Bid for Telescoping Bucket Truck. Greg Bostleman, Parks Supervisor, reported that the Purchasing Division had received bids for the purchase of a telescoping bucket truck to serve the Parks and Recreation Department, Maintenance Division and that three bids had been received ranging from $39,906 to $45,249. Mr. Bostleman reported that the low bid had been submitted by Truck Equipment, Inc., of Des Moines, Iowa in the amount of $39,906. In response to a question by Councilmember Solt, Mr. Bostleman noted that no bids had been submitted by local bidders. Motion by Kehm, second by Solt, carried unanimously to award the low bid to Truck Equipment, Inc. #95-29 - Approving Agreement Relative to Equipment Storage at Cornhusker Army Ammunition Plant. Bud Buettner, Assistant Public Works Director, reported that the Purchasing Division and the Public Works Department, Street and Transportation Division, had proposed that the City enter into an agreement with the Department of the Army, Corps of Engineering, Omaha District, for the use of a storage facility at the Cornhusker Army Ammunition Plant. Mr. Buettner noted that there was no cost for the actual use of the storage space, there was a $80 yearly charge for administrative costs associated with preparation and monitoring of the five year lease, and because this was an intergovernmental agreement, competitive bids were not required. Motion by Kehm, second by Solt, carried unanimously to approve. #95-30 - Approving Condemnation Proceedings for Acquisition of Property for Fire Station #4. Wayne Bennett, Interim City Administrator, reported that the City Council had designated the property on the southeast corner of 13th Street and North Road for Fire Station #4 by Council Resolution, after Public Hearings at the Regional Planning Commission and the City Council. Mr. Bennett added that the long history of site selection for Fire Station #4 had been outlined for Council review and stated that the Public Works Department had made a final offer to acquire the property on December 30, 1994 with a deadline for acceptance by January 2, 1995. I I I Page 4, City Council Regular Meeting, February 6, 1995 Mr.Bennett added that the property was in an estate and involved four separate owners, and that the purchase offer had not been accepted. It was reported that in order to proceed with design and construction of Fire Station #4 without delay, it was recommended that condemnation be authorized. Fire Chief Jim Rowell stated that the Fire Department believed the location selected was the best location. The City Clerk read a letter to the City Council from Helen Young, one of the owners of the proposed site. Discussion was held on the ability to proceed with condemnation since an alternate site had originally been chosen. Keith Sinor, City Attorney, stated that because the Council had designated this as the proper location and the other sites were determined to be inappropriate, condemnation should not be a problem. Councilmember Kehm proposed that the Fire Station be dedicated to Mrs. Young's father, Frank Leiser. Councilmember Preisendorf voiced agreement with Councilmember Kehm. Motion by Johnson to proceed with condemnation and designate the Fire Station to Mr. Leiser. Second by Preisendorf. Councilmember Murray explained why the Fire Services Committee had selected this site as the best location, and noted that he sympathized with Mrs. Young but felt the need to balance the needs of the City as a whole. Glendale Reiss, 910 North Boggs, spoke in support of the location. Helen Young, 114 East 23rd Street, spoke against the proposed condemnation. M. D. Bahensky, 4251 Branding Iron Court, spoke in support of proper compensation to the owners. Lewis Kent, 624 East Meves, spoke against the condemnation. Upon roll call vote, Dietrich, Johnson, Solt, Hosier, Preisendorf, Mehring, Murray, and Sorensen voted aye. Kehm voted nay. Motion carried. #95-31 - Approving: Final Plat for R.J. Olson Subdivision. Nelson Helm, Regional Planning Director, reported that the City of Grand Island had submitted the final plat for R.J. Olson Subdivision, a 4.673 acre tract of land located on the east side of U.S. Highway 281, on each side of Platte Valley Boulevard and noted that the subdivision had been submitted primarily to simplify the legal description of the two lots to define easement location. Motion by Solt, second by Preisendorf, carried unanimously to approve. #95-32 - Approving Concurrence with Nebraska Department of Roads Bid for Webb Road Widening Proiect. Bud Buettner, Assistant Public Works Director, reported that the Nebraska Department of Roads had prepared an Agreement for the Webb Road Widening Project. This Agreement provided for the construction of improvements to Webb Road, from 400 feet south of Old Potash Highway to 13th Street, and included grading, paving, drainage, roadway lighting, and traffic signals. Mr. Buettner noted that the City Council approved an Agreement with the Nebraska Department of Roads to cost share this project in Resolution 94-289, at the Regular Meeting of November 14, 1994, and noted that Federal Surface Transportation Funds would fund $1,609,000 of the total project cost of $2,142,000, leaving a City share of $533,000. Mr. Buettner noted that the Nebraska Department of Roads had opened bids for the project on January 19, 1995, and that five bids had been received with the low bid submitted by Irving F. Jensen Company, Inc., of Sioux City, Iowa, in the amount of $1,536,492. Motion by Solt, second by Johnson, carried unanimously to approve. Hosier was absent at the time the vote was taken. I I I Page 5, City Council Regular Meeting, February 6, 1995 #95-33 - Accepting Certificate of Final Completion and Setting Date for Board of Equalization to Determine Benefits for Water Main District 417T, 20th Street. west of Illinois Avenue. Gary Mader, Utilities Director, reported that the Utility's Water Department had completed the construction work associated with Watermain District #417T, which consisted of a watermain located in 20th Street, west of Illinois A venue, and noted that in its capacity as the Board of Equalization, it would be necessary for the City Council to consider the assessment of benefits associated with the Watermain District. Motion by Solt, second by Preisendorf, carried unanimously to approve. Hosier was absent at the time the vote was taken. #95-34 - Accepting Recommendations of Old City Hall Redevelopment Task Force relative to Proposal by County. Dianne Kelley, Downtown Development Director, reported that on December 19, 1994, the City Council approved the creation of a Task Force to address the redevelopment of the Old City Hall Building, and that on February 1, 1995, the Old City Hall Redevelopment Task Force met to review the proposal submitted by the Hall County Board of Supervisors which provided $500.00 for an exclusive option for 60 days and the purchase of the Old City Hall building for a net sum of $25,000 if it were determined that the building met the needs of the County. Ms. Kelley noted that the Task Force, after review of the offer, acted to recommend that the Mayor send a letter to the County granting it the exclusive right, for a period of 60 days, to purchase the old City Hall Building at a price not to exceed $25,000 and recommended that the County be required to submit an architectural design concept plan within the 60 day period and approved by the City for their proposed use of the building and agree to complete development within three years of at least the first and second floors into an operational county facility that preserves the historically significant architectural appointments of the building. Councilmember Sorensen questioned whether 60 days was sufficient. Councilmember Preisendorf noted that concept plans could be devised within the 60 days. Gary Quandt, 2006 West 11th Avenue, spoke in support of the County's offer. Councilmember Johnson moved to adopt Resolution #95-34 in its revised form. Second by Preisendorf. Upon roll call vote, all voted aye. #95-35 - Approving Additional Locations for Satellite Keno Operations. City Attorney Keith Sinor reported that on March 25, 1993, the City of Grand Island and Hall County entered into an Interlocal Agreement to permit the operation of a Keno lottery in Hall County. Mr. Sinor stated that Mr. Michael Johnson, legal counsel representing Fonner Keno, Inc., had notified the City that Raymond Seaman, dba Shannon's Pub, 2808 Old Fair Road, Ralph LaRosa, dba The Flamingo Lounge, 3421 West State Street, and Thomas Bernard, dba Generations, 2815 South Locust Street, had made application for the operation of satellite keno locations and that voluntary termination of the satellite keno operation at Westside Lanes, 112 Kaufman Avenue, was requested. Motion by Mehring, second by Preisendorf to approve the additional three locations and terminate the keno operation at Westside Lanes. Councilmember Johnson voiced opposition to multiple outlets. Upon roll call vote, Solt, Hosier, Preisendorf, Kehm, Mehring, Murray, and Sorensen voted aye. Dietrich was absent at the time the vote was taken. Johnson voted nay. Motion carried. I I I Page 6, City Council Regular Meeting, February 6, 1995 #95-36 - Approving Acquisition of Property at 817 East Seventh Street under the Community Development Voluntary Acquisition Program. Jerri Garroutte, Community Development Director, reported that the Community Development Department was seeking authorization to acquire an existing residential property located at 817 East Seventh Street from owners E. Lavern and Donna Shehein, and which was offered to the City under the City's voluntary acquisition program. Mrs. Garroutte noted that the property was appraised at $20,000. Mrs. Garroutte reviewed the estimated dollar amount of grants received in the past four years. Motion by Solt, second by Sorensen, carried unanimously to approve. ORDINANCES: #8064 - Enaction of Ordinance #8064 Authorizing Vacation of Water Main Easement for Barr Middle School. Gary Mader, Utilities Director, reported that Dana Larson Roubal and Associates, representing Barr Middle School, had submitted a request with the City Clerk's Office for vacation of sanitary sewer and water main easements, and that Barr Middle School proposes to build an addition to their present building, located at 602 West Stolley Park Road. Mr. Mader noted that the addition would encroach into existing sanitary sewer and water main easements and that the water main in the easement to be vacated will be relocated at the expense of Barr Middle School and a new easement would be dedicated. #8065 - Enaction of Ordinance #8065 Authorizing: Vacation of Sanitary Sewer Easement for Barr Middle School. Bud Buettner, Assistant Public Works Director, reported that Dana Larson Roubal and Associates, representing Barr Middle School, had submitted a request with the City Clerk's Office for vacation of sanitary sewer and water main easements for an addition which would encroach into existing sanitary sewer and water main easements. Mr. Buettner noted that the sanitary sewer line in the easement to be vacated was abandoned in the early 1960's when a new interceptor was constructed to bypass the old line. #8066 - Approving Change of Land Use District from Transitional Agriculture to Heavy Manufacturing. Nelson Helm, Regional Planning Director, noted that Mr. Charles Winkler, representing Doug and Tami Petersen, 1414 East Capital Avenue, had submitted a request to rezone a 12.10 acre tract of property located immediately east of 204 East Roberts Street, from a "TA" (Transitional Agriculture) Zone to "M2" (Heavy Manufacturing) Zone. #8067 - Amending City Code Relative to Landscaping Regulations. Nelson Helm, Regional Planning Director, noted that consideration of the Ordinance was being delayed two weeks. Motion by Murray, second by Sorensen, carried unanimously to table action on Ordinance #8067 for two weeks. Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinances numbered: #8064 Enaction of Ordinance #8064 Authorizing Vacation of Water Main Easement for Barr Middle School I I I Page 7, City Council Regular Meeting, February 6, 1995 #8065 Enaction of Ordinance #8065 Authorizing Vacation of Sanitary Sewer Easement for Barr Middle School. #8066 Approving Change of Land Use District from Transitional Agriculture to Heavy Manufacturing be considered for passage the same day upon reading by number only, and then placed on final passage, and that the City Clerk be permitted to call out the number of the Ordinances on their first reading and ten upon final passage, and call for a roll call vote on each reading and final passage. Councilmember Solt seconded the motion. After inviting questions or comments and there being none, the Mayor called for a roll call vote on the motion. Upon roll call vote, all voted aye. Motion carried. Clerk: Ordinances #8064, #8065, and #8066 on their first reading. All those in favor of the passage, answer roll call vote. Upon roll call vote, all voted aye. Motion carried. Clerk: Ordinances #8064, #8065, and #8066 on their final passage. All those in favor of the passage of Ordinances #8065, #8065, and #8066 on final passage, answer roll call. Upon roll call vote, all voted aye. Motion carried. Mayor: By reason of the roll call vote on the first and final passage of said Ordinances, Ordinances #8064, #8065, and #8066 are declared to be lawfully passed and adopted upon publication as required by law. PUBLIC DISCUSSION OF NON AGENDA ITEMS: Gene McCormick, 707 South Pleasantview, requested that the Study Sessions be moved back to the Council Chambers so as not to violate public meetings law. John Wagoner, 1711 South Harrison, spoke in support of a Power Board. Lewis Kent, 624 East Meves, suggested the Independent reporter be more careful when reporting actions of the Council. Councilmember Johnson noted that the newspaper did not accurately portray the events at the Council retreat. PAYMENT OF CLAIMS: Motion by Kehm, second by Preisendorf, carried unanimously to approve the claims in the amount of $1,724,229.51 as presented by the City Clerk. ADJOURNMENT: The meeting was adjourned at 8:50 p.m. Respectfully submitted, ~wt K U'L~'%tJt Cindy K. Cartwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING February 20, 1995 Pursuant to due call and notice thereof, a Regular Meeting of the City of Grand Island was conducted on February 20, 1995, at City Hall, 100 East First Street. Notice of the meeting was given in the Grand Island Independent on February 15, 1995. A quorum present, Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Johnson, Hosier, Kehm, Seifert, Murray, and Sorensen. Dietrich, Solt, Preisendorf, and Mehring were absent. The following City Officials were present: Interim City Administrator Wayne Bennett, City Clerk Cindy Cartwright, and City Attorney Keith Sinor. APPROVAL OF MINUTES: Motion by Kehm, second by Seifert, carried unanimously to approve the minutes of the February 6, 1995 City Council Meeting. PRESENTATIONS: Robert Meyer, President of Norwest Bank and Chairman of the Community Redevelopment Authority, presented information on the Community Redevelopment Authority and Tax Increment Financing. Councilmember Johnson spoke in support of housing projects versus commercial projects. PUBLIC HEARING: Public Hearing on Request of Calvary Lutheran Church for Conditional Use Permit for Placement of Motor Homes on Parking Lot at 1304 North Custer Street. Craig Lewis, Building Inspections Director, reported that Calvary Lutheran Church, 1304 North Custer Street, had submitted an application for a Conditional Use Permit to allow for the temporary placement of recreational vehicles and motor homes on the parking lot at 1304 North Custer Street. It was noted that the Mission Builders, consisting of five or less retired couples, would occupy the recreational vehicles and motor homes while constructing the church's new building. Mr. Lewis explained that a Conditional Use Permit was required by the Zoning Code, and that the request could be approved for a time period not to exceed six months. Charles Mumma, 3230 North North Road, spoke in support of the application. REQUESTS AND REFERRALS: Receipt of Official Documents/Bonds. Motion by Sorensen, second by Kehm, carried unanimously to approve the Minutes of the Zoning Board of Adjustment Meeting of October 14, 1994, the Minutes of the Civil Service Commission Meeting of December 12, 1994, the Minutes of the Cable Television Advisory Board Meeting of December 27, 1994, the Minutes of the I I I Page 2, City Council Regular Meeting, February 20, 1995 Library Board Meeting of January 9, 1995, and the Official Bonds, in the amount of $120,000 each, for the City Treasurer and Deputy City Treasurer. Approving Request of Calvary Lutheran Church for Temporary Placement of Motor Homes on Parking Lot at 1304 North Custer Street. Motion by Johnson, second by Sorensen, carried unanimously to approve the request of Calvary Lutheran Church for a period not to exceed six months and with the conditions that the vehicles would be parked such that they would not restrict visibility at 13th and Custer and that all utility connections would be approved by the Building Department. Approving Liquor Manager Designation for Dennis Kamarad. Alibi Lounge and Package Store. Motion by Kehm, second by Sorensen, carried unanimously to approve the request of Mr. Dennis Kamarad, 824 West 16th Street, for a Liquor Manager Designation in association with DRK, Inc., dba the Alibi Lounge and Package Store, 908 North Broadwell Street. Approving Request of Tedd Robb for License Agreement for Sanitary Sewer for Knox Second Subdivision. Lot One. Motion by Seifert, second by Kehm, carried unanimously to approve the request of Mr. Ted Robb, 3740 South Highway 281, for a License Agreement for placement of a 4" sewer line in a 16' utility easement. As explained by Bud Buettner, Assistant Public Works Director, the License Agreement would provide sanitary sewer to Lot One, Knox Second Subdivision, and would require Mr. Robb to extend the City sewer main north approximately 115 feet from a location determined by, and in accordance with, the Public Works Department. Approving Appointments to Management Consultant Selection Committee. Motion by Johnson, second by Seifert, carried unanimously to approve the appointments of Councilmember Preisendorf, Councilmember Murray, Gale Larsen, Dee Price, and Chris Peterson to a Mayor's Committee, for review of the Management Consultant Firm proposals which would assist the City in recruiting a City Administrator. It was noted that the Management Consultant Selection Committee would provide input to the Mayor who would then prepare a recommendation for Council consideration relative to the selection of a management consultant firm. RESOLUTIONS: #95-37 - Approving Agreement with Central Platte Natural Resources District for Flood Protection Proiect on Silver Creek iust west of Engleman Road. and Approving Budget Amendment. Bud Buettner, Assistant Public Works Director, reported that the Central Platte Natural Resources District and the City had been working together for several years to develop a project to reduce the flood threat from Silver Creek, and that it had been determined that a section of the channel needed to be widened and deepened along with a slight raise in the south bank in order to increase channel capacity and reduce the threat of flooding from Silver Creek. Mr. Buettner noted that the Central Platte Natural Resources District had developed a preliminary plan for completing this work during Spring, 1995, and that the total project cost was estimated to be less than $40,000, with the City's share not to exceed $20,000. Motion by Seifert, second by Kehm, carried unanimously to approve. John Wagoner, 1711 South Harrison, I I I Page 3, City Council Regular Meeting, February 20, 1995 questioned Merrick County's position on the project. #95-38 - Supporting Wood River/Warm Slough Flood Control Proiect. Wayne Bennett, Interim City Administrator, reported that in 1988, the City of Grand Island, as a co-sponsor of the Wood River/Warm Slough Project, along with Hall County, Merrick County, and the Central Platte Natural Resources District, entered into an agreement with the United States Army Corps of Engineers which provided for the completion of a feasibility study to develop a flood control project for the Wood River/Warm Slough. Mr. Bennett added that the Feasibility Study was completed in April, 1993, and recommendations were made to provide flood protection for 1,755 structures in the City, numerous suburban dwellings, public facilities and utilities, and protection of over 5,000 acres of irrigated cropland in rural Hall and Merrick Counties. It was noted that in recent weeks, it had become obvious that the Wood River/Warm Slough Project was at a critical point inasmuch as Congress failed to authorize appropriate legislation during the last session to ensure completion of the project. Mr. Bennett explained that this Resolution would set forth the City of Grand Island's support of the plan, and encourage Congress to pass both a project authorization and a construction appropriation of $577,600, in 1995. Motion by Sorensen, second by Johnson to approve. Councilmember Johnson questioned Merrick County's position on the issue. Mr. Bennett replied that the Record of Decision stated that the water would go to the diversion tract and then into the Platte River, and that the Army Corps would probably not change their record of decision. Councilmember Seifert questioned the cost of the project. Mr. Bennett explained that the project was expected to cost $10 million plus inflation and that the Corps of Engineers would pay 50-55 %, Natural Resources Commission would pay 60% of the remaining amount, and the cosponsors would pay the remaining of which the City's share would be less than 10 % of the total project. Councilmember Seifert spoke in support of assessing those property owners who would benefit from the project. Mr. Bennett noted that flood control had not in the past been assessed. Clarence Reif, 4463 South Locust Street, spoke against the project. Councilmember Johnson noted that floods were a community problem. Roll call vote on the motion to approve was taken. Upon roll call vote, Hosier, Johnson, Kehm, Murray and Sorensen voted aye. Seifert voted nay. Mayor Gnadt voted in support of the Resolution which then was adopted. #95-39 - Approving Amendment to 1994-1995 Annual Budget relative to Portland Cement Concrete Street Patch Program. Bud Buettner, Assistant Public Works Director, reported that this Resolution provided for an amendment to the 1994-1995 Annual Budget to provide additional funding, in the amount of $100,000, for the Street Patch Program, and that the additional funding would be reallocated from the savings associated with the Webb Road widening project inasmuch as the City's share of that project would be less than the amount anticipated. Mr. Buettner explained that the Street Patch Program, which consisted of concrete section repair, would provide needed improvements to deteriorating streets throughout the City. Motion by Kehm, second by Murray, carried unanimously to approve. #95-41 - Approving Partial Engineering for Island Oasis Water Park and Comprehensive Recreational Facilities Development Plan. Steve Paustian, Parks and Recreation Director, reported that at the January 30, 1995 City Council Study Session, discussion had been held I I I Page 4, City Council Regular Meeting, February 20, 1995 relative to the implementation of the Island Oasis Water Park Master Plan which was adopted by the City Council on November 14, 1994, and which provided guidance for future development of the Water Park. Mr. Paustian stated that additionally, the Parks and Recreation Director, at the direction of the City Council, also provided information on the development of a Comprehensive Plan for the entire Parks and Recreation system which would provide a guide for future parks development and programming needs and would be beneficial in evaluating Water Park expansion in the future. Mr. Paustian stated that Resolution #95-40 and #95-41 had been prepared for Council's consideration, and that Resolution #95-40 provided for an expenditure of $75,000 as provided in 1994-1995 Annual Budget for engineering of Water Park plans and specifications and Resolution #95-41 provided for an expenditure for an amount necessary to provide plans and specifications for only the improvements which were highlighted at the January 30, 1995 City Council Study Session as priority improvements - two water slides and an observation deck, and that the remainder of the $75,000 which had been allocated would be utilized for the development of a Comprehensive Parks and Recreational Facility Development Plan. Motion by Councilmember Kehm to adopt #95-41. Second by Councilmember Seifert. Councilmember Johnson questioned the need to do pure engineering on the slides and stated his desire to have more information on the development of the Comprehensive Plan. Councilmember Johnson offered an amendment to the motion to act on only the limited engineering. Discussion was held on the benefits of a Comprehensive Plan. Kay Collins spoke against water park expansion. Councilmember Johnson withdrew his amendment. John Wagoner, 1711 South Harrison, questioned the motion. Upon roll call vote on the motion to adopt Resolution #95-41, motion carried unanimously. #95-42 - Authorizing Agreement with Nova Tech for Restructuring of Loan Reimbursement Agreement. City Attorney Keith Sinor reported that in March, 1994, the City Council approved a Memorandum of Understanding with Nova Tech, Inc., relative to utilization of Community Development Block Grant funds for retention and expansion of its business, and $343,500, consisting of $340,000 of loaned funds and $3,500 to be utilized for costs associated with administration of the grant had been approved. Mr. Sinor added that Ms. Gloria Thesenvitz, President of Nova Tech, was requesting that the existing Community Development Block Grant loan be restructured to provide for a one year deferral of principal payments on the loan, and that interest payments would continue during the deferral. Mr. Sinor explained that the principal payments would begin in 1996 and would be increased to amortize the loan in the same time period was the original loan. Mr. Sinor noted that authorization was being requested contingent upon approval by the lending institution. Motion by Kehm, second by Johnson, carried unanimously to approve the restructuring, contingent upon bank approval. Gloria Thesenvitz, President, spoke in support of the restructuring. ORDINANCES: #8067 - Amending Chapter 36 of City Code Relative to Landscaping: Regulations. Nelson Helm, Regional Planning Director, reported that this Ordinance provided for an amendment to Chapter 36 of City Code relative to landscaping regulations and that the establishment of landscaping regulations would provide for a minimum standard for landscaping of new development projects I I I Page 5, City Council Regular Meeting, February 20, 1995 of a commercial, industrial, or multiple family residential nature. City Attorney Keith Sinor read the number and title of the Ordinance. Motion by Kehm, second by Seifert, carried unanimously to adopt #8067 on first reading. #8068 - Amending Salary Ordinance. Chuck Haase, Finance Director, reported that an amendment to Salary Ordinance #8059 was needed to provide for clarification relative to the Library Page position, and that the amendment would define the Library Page position as a non- seasonal position, not as a worker/seasonal as reflected in the prior Salary Ordinance. City Attorney Keith Sinor read the number and title of the Ordinance. Motion by Johnson, second by Kehm, carried unanimously to adopt #8068 on first reading. PUBLIC DISCUSSION OF NON AGENDA ITEMS: Kay Collins, and MD Bahensky, 4251 Branding Iron Court, spoke on concerns with litter throughout the City. Mayor Gnadt reported that a meeting was scheduled to discuss the trash concerns relative to the Highway 281 corridor. Glendale Reiss, 910 North Boggs, questioned the status of Fire Station #4. CLAIMS: Claims in the amount of $2,567,697.34, as presented by the City Clerk, were approved. ADJOURNMENT: The meeting was adjourned at 8:47 p.m. Respectfully submitted, C~artrs~~'1~'~ City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL STUDY SESSION February 27, 1995 Pursuant to due call and notice thereof, a Study Session 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 February 22, 1995. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Kehm, Seifert, Mehring, Solt, Sorensen, Murray and Johnson. Preisendorf, Dietrich, and Hosier were absent. The following City Officials were present: Interim City Administrator Wayne Bennett, City Clerk Cindy Cartwright, and City Attorney Keith Sinor. Review of Governor Nelson's Twelve Point Economic Plan. Mayor Gnadt reviewed Governor Nelson's Twelve Point Economic Plan and stated that a Resolution supporting the plan would be considered at the next Council meeting. Update on Wastewater Treatment Plant Expansion. Tom Heinemann of CH2M Hill reviewed the progress on the City's Wastewater Treatment Plant Expansion project. Wayne Bennett, Interim City Administrator, reported that the project to expand and upgrade the facility began in 1992 and was a result of the facility operating above its design treatment capacity, new stringent effluent limits which had been imposed, and new federal biosolids regulations which had been promulgated. Mr. Bennett reported that as of February 1, 1995, the project was 55% complete and completion was on schedule for December 27, 1995. Discussion on Requests for Funding Designated for Homeless Shelter. Father Tim Anderson, representing the Community Humanitarian Resource Center, and Captain Kevin Van Zee, Salvation Army, presented information on their individual requests for funding for a homeless shelter. It was proposed that $10,000 be provided to each of the two entities for use in establishing facilities to assist the homeless. Discussion was held on the different populations served by both of the agencies. Discussion on Abatement of Nuisances. Assistant City Attorney Lisa Thayer and Gene Rallens from the Health Department, presented information on the abatement of nuisances as it related to substandard property. A videotape of several unkept properties was viewed. Gene McCormick, 707 South Pleasantview, spoke on the need for pride in ownership. M. D. Bahensky, 4251 Branding Iron Court, spoke in support of using inmates or community service hours for clean up assistance. Councilmember Johnson noted that there were two sources of litter, namely gross negligence and inability or incapacity to take care of needs, and suggested that every tool available should be used to clean up the community. Councilmember Johnson I I I Page 2, City Council Study Session, February 27, 1995 left the meeting at 8: 17 p.m. Glendale Reiss, 910 North Boggs, noted that local businesses were making efforts to clean up the area, and suggested that an additional City clean up day be held. Mayor Gnadt reviewed the program being established for the cleanup of the Highway 281 area. Councilmember Solt stated that the responsibility of property should be assessed to the property owner and that violators should be faced with condemnation, eviction, or disposition of property. Councilmember Murray questioned whether the Property Maintenance Task Force recommendations had been beneficial. Craig Lewis, Building Inspections Director, reported that manpower and resources were a concern. Jim Sander, 218 North Harrison, suggested the neighbors could file a lawsuit. Steve Mason, 313 South Pine, voiced opposition to the taxpayers paying for the clean up of private property. City Attorney Keith Sinor recommended that a code enforcement officer could be hired, and additional resources designated for cleanup efforts. Councilmember Mehring stated that a code enforcement officer would probably have the same results that the Legal Department was having which was to receive compliance from 95 % of the property owners. Ms. Thayer noted that there currently was no follow up to complaints and that a code enforcement officer would be able to do follow up visits. Sam Zeleski, 236 North Waldo Street, suggested there were problems that City government could not handle. Dave McCarthy, 1812 West John, and Lewis Kent, 624 East Meves, spoke on the issue relative to health concerns. Presentation by Community Development on Voluntary Acquisition Process. Jerri Garroutte, Community Development Director, presented information on the Voluntary Acquisition Program and the Homestead Program and reported that both programs could be valuable for providing affordable housing in Grand Island. Adjournment. The meeting was adjourned at 9:33 p.m. Respectfully submitted, C~K~art~6M- City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL SPECIAL MEETING March 7, 1995 Pursuant to due call and notice thereof, a Special Meeting of the City of Grand Island was conducted on March 7, 1995, at City Hall, 100 East First Street. Notice of the meeting was given in the Grand Island Independent on March 2, 1995 and March 3, 1995. A quorum present, Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Preisendorf, Johnson, Solt, Kehm, Seifert, Mehring, Murray, and Sorensen. Dietrich, and Hosier were absent. The following City Officials were present: Interim City Administrator Wayne Bennett, City Clerk Cindy Cartwright, and City Attorney Keith Sinor. Mayor Gnadt recognized National Lutheran Week, and the Groundwater Festival, and noted that City/Village Informational Meetings would be held in Doniphan on March 9 and in Cairo on March 10. Mayor Gnadt thanked M.D. Bahensky for his input on the litter concerns on Highway 281 and stated that a meeting had been scheduled for March 16, 1995 at noon at City Hall to address the concerns. Mayor Gnadt also noted that some Grand Island citizens were in attendance at the premier of "My Antonia" in Hollywood, California. RESOLUTIONS: #95-43 - Approving Contract with Management Consultant Firm Relative to Recruitment of City Administrator. Mayor Gnadt reported that based on consensus reached at the January 28, 1959 City Council Retreat, an advertisement had been placed in the Grand Island Independent, and Requests for Proposals mailed to all firms expressing an interest, as well as to sixteen consultants which had been identified through the International City Managers Association and the Nebraska City Managers Association, and that at the February 20, 1995 City Council Meeting, the Council had approved the selection of a Mayor's Committee to assist in reviewing the proposals received. Mayor Gnadt noted that six proposals were received and that after telephone interviews, he recommended the hiring of The PAR Group, Paul A. Reaume, Ltd., for an amount not to exceed $17,000, to assist in the search for a City Administrator. Councilmember Preisendorf noted that The PAR Group was held in high esteem and that the reference checks indicated that by hiring a professional management firm, the City's credibility would be increased. Councilmember Preisendorf moved to approve #95-43. Second by Councilmember Johnson. Councilmember Johnson voiced concern with the costs associated with a consultant. Glendale Reiss, 911 North Boggs, spoke in support of hiring a local individual. Roll call vote on the motion to adopt #95-43 was called. Upon roll call vote, all voted aye. Motion was adopted. I I I Page 2, City Council Special Meeting, March 7, 1995 #95-44 - Accepting Resignation of Councilmember Dietrich. Mayor Gnadt reported that due to employment demands, Councilmember Dietrich had resigned his office as Councilmember of Ward 5 and reviewed the process for replacement which included advertising for letters of interest, input from other individuals, and a recommendation by the Mayor at the March 27, 1995 City Council Meeting. Motion by Kehm, second by Preisendorf, carried unanimously to approve. ORDINANCES: #8067 - Amending Chapter 36 of City Code Relative to Landscaping: Regulations. Nelson Helm, Regional Planning Director, reported that this Ordinance provided for an amendment to Chapter 36 of City Code relative to landscaping regulations and that the establishment of landscaping regulations would provide for a minimum standard for landscaping of new development projects of a commercial, industrial, or multiple family residential nature. #8068 - Amending Salary Ordinance. Chuck Haase, Finance Director, reported that an amendment to Salary Ordinance #8059 was needed to provide for clarification relative to the Library Page position, and that the amendment would define the Library Page position as a non- seasonal position, not as a worker/seasonal as reflected in the prior Salary Ordinance. Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that the ordinances numbered: #8067 - Amending Chapter 36 of City Code Relative to Landscaping Regulations #8068 - Amending Salary Ordinance be considered for passage on the same day upon reading by number only, and then placed on final passage, 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. 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: Ordinances #8067, and #8068 on final passage. All those in favor of passage of said ordinances on final passage, answer roll call. Upon roll call, all voted aye. Motion adopted. Mayor: By reason of the roll call votes on the final passage of said ordinances, Ordinances #8067 and #8068 are declared to be lawfully passed and adopted upon publication as required by law. I I I Page 3, City Council Special Meeting, March 7, 1995 CLAIMS: Claims in the amount of $1,928,491.99, as presented by the City Clerk, were approved upon motion by Preisendorf, second by Sorensen. Motion adopted unanimously with Councilmember Mehring abstaining on claim #27993. ADJOURNMENT: The meeting was adjourned at 7:30 p.m. Respectfully submitted, ~~6lJ- City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL STUDY SESSION March 7, 1995 Pursuant to due call and notice thereof, a Study Session of the City of Grand Island was conducted on March 7, 1995, at City Hall, 100 East First Street. Notice of the meeting was given in the Grand Island Independent on March 3, 1995. A quorum present, Mayor Gnadt called the meeting to order at 7:37 p.m. The following members were present: Mayor Gnadt, Councilmembers Johnson, Solt, Preisendorf, Kehm, Mehring, Seifert, Murray, and Sorensen. Dietrich, and Hosier were absent. The following City Officials were present: Interim City Administrator Wayne Bennett, City Clerk Cindy Cartwright, and City Attorney Keith Sinor. DISCUSSION ON CONSTRUCTION SCHEDULE AND BUDGET RELATIVE TO FIRE STATION #4. Fire Chief Jim Rowell presented a revised time line for the construction of Fire Station #4, and noted that the revised time line provided for construction completion by February 1, 1996. Mr. Rowell also reported that due to changes in the site planning, additional needs, and potential state legislation, the costs for fire station #4 would be greater than originally budgeted. Discussion was held on the need for a biohazardous area, ventilation, and generator. Randy Throop, firefighter, questioned which type of ventilator system Norfolk and Columbus utilized. Richard Willis, architect for fire station #4, reviewed the categorical costs associated with the project and noted that the total project was estimated to be $594,000. DISCUSSION ON CITY ADMINISTRATOR PAY GRADE. Mayor Gnadt reviewed the information compiled relative to pay grades for City Administrators/Managers, and recommended that the pay range for the Administrator be set at pay grade 65. Councilmember Solt voiced objection to a pay range over 61 and stated that the effects of the Ralph Andersen plan had caused this salary to increase over the years but that it was time to reverse the trend. Glendale Reiss, 910 North Boggs, spoke in support of a salary of $50,000. Councilmember Johnson suggested that The PAR Group provide input as to the salary required. Keith Sinor, City Attorney, explained that the City was bound by state law on the procedure for establishing the pay range. Mike Hooper, reporter for the Independent, questioned the salary of the former Administrators. Gary Quandt, 2006 West 11th Avenue, stated that the job description was more important than the salary. An average of the salary range preferred by the Council and Mayor was then taken. The City Clerk reported that the average salary range was 62. Consensus of the Council was to establish the pay range of the City Administrator at pay grade 62. ADJOURNMENT: The meeting was adjourned at 9:50 p.m. Respectfully submitted, , ../\^ ...,{- 0AAr\ rL It. ck (!)h. rw 0 v '-/ I Cindy K~OC~rt~ght City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING March 13, 1995 Pursuant to due call and notice thereof, a Regular Meeting of the City of Grand Island was conducted on March 13, 1995, at City Hall, 100 East First Street. Notice of the meeting was given in the Grand Island Independent on March 8, 1995. A quorum present, Council President Preisendorf called the meeting to order at 7:00 p.m., in Mayor Gnadt's absence. The following members were present: Councilmembers Johnson, Hosier, Kehm, Seifert, Preisendorf, Murray, Sorensen, and Solt. Mehring was absent. The following City Officials were present: Interim City Administrator Wayne Bennett, City Clerk Cindy Cartwright, and City Attorney Keith Sinor. APPROVAL OF MINUTES: Motion by Kehm, second by Solt, carried unanimously to approve the minutes of the February 20, 1995 Regular City Council Meeting, the minutes of the February 27, 1995 City Council Study Session, the minutes of the March 7, 1995 City Council Special Meeting, and the minutes of the March 7, 1995 City Council Study Session. Glendale Reiss, 910 North Boggs, spoke in opposition to approval of the Minutes of the March 7, 1995 Special Meeting. PROCLAMATION: City Clerk Cindy Cartwright reported that March 19-25, 1995 had been proclaimed Poison Prevention Week. BOARD OF EOUALIZATION. Motion by Solt, second by Seifert, carried unanimously to adjourn to the Board of Equalization. #95-BE-00l - Approving Benefits for Water Main District #417T, 20th Street west of Illinois Avenue. Gary Mader, Utilities Director, reported that in its capacity as the Board of Equalization, it was necessary for the City Council to consider the determination of benefits associated with Water Main District #417T. Mr. Mader stated that this district was established in June, 1994 in order to provide improvements in the form of a watermain located in 20th Street, west of Illinois Avenue, and that construction was completed in October, 1994. Mr. Mader stated that at this stage, it was appropriate for the City Council to sit as the Board of Equalization to determine the benefits and connection fees for the project. Motion by Kehm, second by Sorensen, carried unanimously to approve. RETURN TO REGULAR SESSION. Motion by Solt, second by Kehm, carried unanimously to return to Regular Session. I I I Page 2, City Council Regular Meeting, March 13, 1995 PUBLIC HEARINGS: Public Hearing on Proposed Amendments to Grand Island Subdivision Regulations Relative to Large Lots not Fronting on Dedicated Street or Public Road. Nelson Helm, Regional Planning Director, reported that at the City Council Meeting of January 23, 1995, Council approved an amendment to the Subdivision Regulations to address a request for a building permit for a home situated on property that was not located on a dedicated street. It was noted that concerns raised pertained to access, addressing, possible provision of utilities, and jurisdiction for emergency and protective services. Mr. Helm stated that the recommendation of the Council was to amend the current Subdivision Regulations to address the subdivision of land into lots larger than ten acres, that require easements or other provisions, and to provide for different minimum improvements for such subdivisions. Mr. Helm reported that the Regional Planning Commission, at their March 1, 1995 Meeting, had reviewed the recommendation forwarded by the Council and proposed that the Subdivision Regulations be amended as per the Council recommendation. No public comment was heard. Public Hearing on Proposed Amendments to Grand Island Subdivision Regulations relative to Improvement Districts. Nelson Helm, Regional Planning Director, reported that at the February 6, 1995 City Council Meeting, Council approved proposed subdivision amendments relative to the public financing of paving, water, and sewer districts in new subdivisions which required the subdivider to install sewer and water and provided for creation of an assessment district for the City to finance and install the paving. Mr. Helm explained that the purpose of the proposed amendment was to encourage the development of new residential subdivisions by specifying the conditions and timing that the City would participate in the installation of paving by the creation of paving districts. It was reported that the Council's proposed amendment was then forwarded to the Regional Planning Commission for review and consideration, and that the Regional Planning Commission, at their meeting of March 1, 1995, acted to approve the proposed amendment to the Subdivision Regulations, and recommended that a study group be created by the City Council to propose additional actions that could be taken to encourage new subdivision development. No public comment was heard. Public Hearing on Proposed Amendments to Grand Island Zoning Ordinance to Correct an Error of Omission relative to Screening of Parking Lots. Nelson Helm, Regional Planning Director, reported that Ordinance #7802, which removed crushed asphalt from off-street parking design standards, had been adopted by the City Council on April 6, 1992, and that it was recently determined that a second paragraph relative to Off Street Parking and Loading Requirements, Design Standards, had inadvertently been omitted from the Ordinance. Mr. Helm explained that the paragraph provided that all parking lots containing five or more parking spaces which are within 30 feet of property occupied by a residential use in a Transitional Agricultural Zoning District or of property within an Rl, R2, R3, R4, or RD Zoning District shall provide a sight obscuring fence or screen not less than six feet nor more than eight feet in height along the boundary of the parking lot adjacent to such districts. Mr. Helm stated that an amendment to the Grand Island Zoning Ordinance providing for inclusion of this paragraph was required, and unanimously recommended by the Regional Planning Commission, at their March 1, 1995 I I I Page 3, City Council Regular Meeting, March 13, 1995 meeting. Gene McCormick, 707 South Pleasantview, spoke on the issue. Public Hearing on Request of RN Concessions, 700 East Stolley Park Road, for Addition to Premises Liquor License. Cindy Cartwright, City Clerk, reported that Ms. Jean Mohnike, owner of RN Concessions, 700 East Stolley Park Road, had submitted an application with the City Clerk's Office for an Addition to Premises Liquor License, in conjunction with the Class "C" Liquor License. Ms. Cartwright offered the following exhibits for the record: the application for an addition to premises liquor license filed with the Nebraska Liquor Control Commission and received by the City on February 13, 1995; notice to the general public of date, time, and place of the hearing published on March 3, 1995; notice to the applicant of date, time, and place of hearing mailed on February 13, 1995; Chapter 4 of City Code; and departmental reports as required by City Code. Ms. Mohnike was present. No public testimony was heard. Public Hearing on Request of Feida, Inc., dba Golden Gate Express, 2302 North Webb Road, for Class "J" Liquor License. Cindy Cartwright, City Clerk, reported that James Fan, Manager of Feida, Inc., dba Golden Gate Express II, 2302 North Webb Road, had submitted an application with the City Clerk's Office for a Class "J" Liquor License, which would provide for the sale of retail beer and wine only, on sale. Ms. Cartwright offered the following exhibits for the record: the application for a Class "J" Liquor License filed with the Nebraska Liquor Control Commission and received by the City on February 24, 1995; notice to the general public of date, time, and place of hearing published on March 2, 1995; notice to the applicant of date, time, and place of hearing mailed on February 24, 1995; Chapter 4 of City Code; and departmental reports as required by City Code. It was noted that the facility had not been reconstructed since a recent fire, so no Departmental inspections had been completed; therefore, the approval of the liquor license would be contingent upon compliance with City Code. The applicant was present. Brad Barrows, legal counsel representing Mr. Samuel Wong, was present on behalf of the application. No other public testimony was heard. Public Hearing to Receive Input on Development of 1995-1996 Annual Budget. Chuck Haase, Finance Director, reported that pursuant to City Council direction relative to public input on the budget, a preliminary hearing had been scheduled to gather citizen and community group direction for the 1995-1996 Municipal Budget. Councilmember Solt asked for a transcript of the budget hearing comments. Glendale Reiss, 910 North Boggs, spoke in support of reduction in property taxes, and the hiring of a public auditor. Gene McCormick, 707 South Pleasantview, spoke in support of increased emergency funds. Jim Greer, 637 East McArthur, spoke in support of a fence around the wading pool at Pier Pool. John Wagoner, 1711 South Harrison, suggested the Council establish a procedure for letting citizens know what the cost of government was. The Finance Director reported that McDermott and Miller performed an independent audit on a yearly basis and stated that Nebraska law limited the amount of reserves a City could hold. Council President Preisendorf introduced Ray Rabe, the new Health Department Director, to the Council. I I I Page 4, City Council Regular Meeting, March 13, 1995 REOUESTS AND REFERRALS: Receipt of Official Documents. Motion by Sorensen, second by Solt, carried unanimously to receive and place on file the minutes of the Civil Service Commission Meeting of January 26, 1995 and the minutes of the Regional Planning Commission Meeting of March 1, 1995. Approving Request of Barbara McGraw. 1010 West Louise Street. for Street Vending Permit. Motion by Solt, second by Kehm, carried unanimously to approve the request of Ms. Barbara McGraw, 1010 West Louise Street, dba M & D's Tail Gate Cafe, for permission to use public streets for the purpose of engaging in the business of street vending. Approving Request of Tehama Shrine Temple for Parade Permit. Motion by Sorensen, second by Solt, carried unanimously to approve the request of Tehama Shrine Temple for a parade permit for Saturday, May 6, 1995. Approving Request of National Multiple Sclerosis Walk for Use of Public Streets. Motion by Sorensen, second by Solt, carried unanimously to approve the request of the National Multiple Sclerosis Walk for a parade permit on April 2, 1995. Approving Request of March for Jesus for Parade Permit. Motion by Sorensen, second by Solt, carried unanimously to approve the request of March for Jesus for a parade permit for May 27, 1995. Approving Request of Messiah Lutheran Church for Parade Permit. Motion by Sorensen, second by Solt, carried unanimously to approve the request of Messiah Lutheran Church for a parade permit for April 9, 1995. Approving Request of Messiah Lutheran Church for Street Closure. Motion by Sorensen, second by Solt, carried unanimously to approve the request of Messiah Lutheran Church for closure of streets on June 5-9, 1995, 8:00 a.m. to 12:00 p.m. Approving Request of Grand Island Liederkranz. 403 East First Street. for Special Designated Liquor License for April!. 1995. Motion by Sorensen, second by Solt, to approve the request of the Grand Island Liederkranz for a Special Designated Liquor Permit for Saturday, April 1, 1995, from 7:00 p.m. to 1:00 a.m., to provide for the sale of food, provide entertainment, and a dance. Upon roll call vote, Preisendorf, Hosier, Johnson, Solt, Sorensen, Murray, and Seifert voted aye. Kehm voted nay. Motion adopted. Approving Request of RN Concessions. 700 East Stolley Park Road. for Addition to Premises Liquor License. Motion by Sorensen, second by Solt, to approve the request of RN Concessions for an Addition to Premises Liquor License. It was noted that the addition was for the inclusion of an approximately 44,450 square foot enclosed area around the grandstand. Upon roll call vote, Preisendorf, Hosier, Johnson, Solt, Sorensen, Murray, and Seifert voted aye. Kehm voted nay. Motion adopted. I I I Page 5, City Council Regular Meeting, March 13, 1995 Approving: Request of Feida, Inc., dba Golden Gate Express, 2302 North Webb Road, for Class "J" Liquor License. Motion by Sorensen, second by Solt, to approve the request of Feida, Inc., dba Golden Gate Express, 2302 North Webb Road, for a Class "J" Liquor License, contingent upon compliance with City Code. Upon roll call vote, Preisendorf, Hosier, Johnson, Solt, Sorensen, Murray, and Seifert voted aye. Kehm voted nay. Motion adopted. Approving Request of James Fan, 602 Hedde Street. for Liquor Manager Designation in Conjunction with the Class "J" Liquor License for Golden Gate Express. Motion by Sorensen, second by Solt, to approve the request of James Fan, 602 Hedde Street, for Liquor Manager for Golden Gate Express. Upon roll call vote, Preisendorf, Hosier, Johnson, Solt, Sorensen, Murray, and Seifert voted aye. Kehm voted nay. Motion adopted. Denial of Tort Claims Relative to Fire at Fonner Park. Motion by Johnson, second by Solt, carried unanimously, to deny the seven claims from Place Law Office, 8801 West Center Road, Omaha, Nebraska, seeking damages as a result of the fire at Fonner Park stables on February 26, 1994. Approving: Appointment to Community Development Board. Motion by Johnson, second by Solt, carried unanimously to approve the appointment of Councilmember Glen Murray to the Community Development Board to fill the vacancy created by the resignation of Councilmember Dietrich. Approving Appointment to Plumbing Board. Motion by Johnson, second by Solt, carried unanimously to approve the appointment of Rick Eberl to the Plumbing Board to fill the unexpired term of Larry Kelly. RESOLUTIONS: #95-45 - Awarding Bid for Platte Generating Station Precipitator Cleaning. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of Precipitator Cleaning to serve the Platte Generating Station, and that three bids had been received, ranging from $15,688 to $25,312.50. Ms. Griffiths noted that the low bid had been submitted by Winters and Merchant of South Sioux City, Nebraska, in the amount of $15,688. Motion by Solt, second by Kehm, carried unanimously to award the bid to Winters and Merchant in the amount of $15,688. #95-46 - Awarding: Bid for Padmount Transformers. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of seven types of padmount transformers to serve the Utility Department, Underground Division, and that five bids had been received, however, the bids received from Wesco could not be considered as they did not meet the specified load loss. Ms. Griffiths explained that as required by the Procurement Code, the bidding document outlined the evaluation method to be used in comparing the transformers, and that after evaluation, the lowest bids meeting specifications were submitted by Kriz Davis of Grand Island for Types 4, 5, and 6 for an actual total bid of $59,677; Dutton Lainson, Hastings, I I I Page 6, City Council Regular Meeting, March 13, 1995 for Type 3 for an actual total bid of $21,830.20; and Husker, Lincoln, for Types 1, 2, and 7 for an actual total bid of $34,360.00. Motion by Solt, second by Kehm, carried unanimously to award the low bids. #95-47 - Awarding Bid for Switches and Miscellaneous Electrical Items. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of switches and miscellaneous electrical items to serve the Utility Department, Electric Line and Underground Divisions, and that bids had been submitted by four vendors offering pricing for 16 (sixteen) electrical line items; however, seven of the line items could be awarded without City Council action as the total award to each individual bidder was less than $10,000. Ms. Griffiths noted that the remaining nine electrical items were grouped by each of 2 (two) award winning bidders and recommended that Kriz Davis, Grand Island, and Wesco of Grand Island be awarded the low bids in the amounts of $10,523.90, plus tax; and $38.856.76, plus tax. Motion by Solt, second by Kehm, carried unanimously. #95-48 - Awarding Bid for Power Cable and Miscellaneous Electrical Items. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of power cable and miscellaneous electrical items to serve the Utility Department, Electric Line and Underground Divisions, and that bids had been submitted by six vendors offering pricing for 16 (sixteen) electrical line items; however, eleven of the line items could be awarded without City Council action as the total award to each individual was less than $10,000. Ms. Griffiths noted that the low responsive bidder for the remaining five electrical line items was Wesco of Grand Island in the amount of $27,546.00. Motion by Solt, second by Kehm, carried unanimously to award the low bid to Wesco. #95-49 - Awarding Bid for Various City Vehicles. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of various vehicles to serve the Fire Department, Public Works Street and Transportation Division, Waste Water Treatment Plant Division, Parks and Recreation Department, and Utility Engineering Division. Ms. Griffiths explained that during the January 16, 1995 Study Session, the Purchasing Agent presented information relative to purchasing vehicles from the State of Nebraska contracts at which time the Council displayed interest in allowing local dealers an additional opportunity to compete. It was noted that as a result, a policy was formed to structure the City's bidding process in the same manner as the State's process which would allow the bids received by the City to be compared to the current State contracts, and that the Purchasing Division would then recommend that Council award the purchase to whichever was lowest, the City's low bidder or the State contract holder. Ms. Griffiths noted that two bids had been received for four trucks and one automobile, and that since the State contracts did not include delivery to Grand Island, a separate quote was requested for delivery so that a full comparison could be made. Ms. Griffiths reviewed the bids and explained that the State contract holder's bid was determined to be the low bid on each vehicle. Councilmember Seifert questioned the local bids. Gary Quandt, 2006 West 11th Avenue, stated that the County had just purchased a vehicle locally. Motion by Solt, second by Kehm, carried unanimously to approve the purchase of one, 1/2 ton 4 x 4 pickup in the amount of $15,802 from the State of Nebraska 1995 contract holder, Atchley Ford, I I I Page 7, City Council Regular Meeting, March 13, 1995 Omaha; and one, 1/2 ton 4 x 4 pickup in the amount of $17,038, one, 1/2 ton 4 x 2 pickup in the amount of $13,424, one 3/4 ton 4 x 4 pickup in the amount of $17,469, and one compact 4-door sedan in the amount of $12,702 from the State of Nebraska 1995 contract holder, Park Place Pontiac, Lincoln. #95-50 - Awarding Bid for Sanitary Sewer Television Inspection Contract 95- TV-I. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for inspection and cleaning services associated with approximately 62,424 lineal feet and 7,556 lineal feet, respectively, of sewer line in various locations throughout the City. It was noted that the inspection was performed by televising the lines utilizing a camera. Ms. Griffiths reported that three bids had been received, ranging from $26,389.10 to $49,837.50 and the low bid had been submitted by Johnson Service Company of Osceola, Nebraska in the amount of $26,389.10. Motion by Solt, second by Kehm, carried unanimously to award the low bid to Johnson Service Company. #95-51 - Awarding Bid for Land Survey for Fire Station #4. Beth Griffiths, Purchasing Agent, reported that the Fire Department had received three proposals for the land survey for fire station #4, and that the proposal submitted by Benjamin and Associates, Inc., in a not to exceed amount of $600 was determined to be in the City's best interest. Motion by Solt, second by Kehm, carried unanimously to approve the execution of the contract with Benjamin and Associates of Grand Island in a total not-to-exceed amount of $600. #95-52 - Awarding Bid for Soil Investigation and Engineering Services for Fire Station #4. Beth Griffiths, Purchasing Agent, reported that the Fire Department had received proposals from two firms for soil investigation and engineering services relative to the fire station #4 site. Ms. Griffiths reported that after careful review of the proposals, the proposal submitted by Geotechnical Services, Inc., in the total not-to-exceed amount of $1,465 was in the City's best interest. Motion by Solt, second by Kehm, carried unanimously to approve the execution of the contract with Geotechnical Services, Inc., in a total not -to-exceed amount of $1,465. #95-53 - Approving Final Plat and Subdivision Agreement for Grand Island Mall Ninth Subdivision. Nelson Helm, Regional Planning Director, reported that Grand Island Properties, Ltd had submitted the final plat for Grand Island Mall Ninth Subdivision, to replat Lot 1 located on the north side of State Street, approximately 220 feet west of U.S. Highway 281, to provide for a small addition and new canopy for the remodeling of an existing building, formally know as EconoFoods, now occupied by U-Save Foods. Motion by Seifert, second by Murray, carried unanimously to approve. #95-54 - Approving Final Plat and Subdivision Agreement for Lil' Cow Poke Subdivision. Nelson Helm, Regional Planning Director, reported that Mr. and Mrs. Vito Cejauskas, 2211 South Cochin Street, had submitted the final plat for Lil' Cow Poke Subdivision, a 1.101 acre tract of land located on the west side of Piper Street, approximately 100 feet south of North Front Street, to provide for the consolidation of three lots, and part of an adjacent lot, into a single lot, thereby avoiding the expense of extending a public sanitary sewer main to the I I I Page 8, City Council Regular Meeting, March 13, 1995 property. Motion by Seifert, second by Murray, carried unanimously to approve. #95-55 - Awarding Final Plat and Subdivision Agreement for Wenzl Second Subdivision. Nelson Helm, Regional Planning Director, reported that Mr. and Mrs. Robert G. Wenzl, 2270 West Abbott Road, had submitted the final plat for Wenzl Second Subdivision, located on the north side of Abbott Road, approximately 5/8 mile west of U.S. Highway 281, which is within the City's two-mile extraterritorial jurisdiction. Motion by Seifert, second by Murray, carried unanimously to approve. #95-56 - Awarding Final Plat and Subdivision Agreement for Fair Weather Subdivision. Nelson Helm, Regional Planning Director, reported that Lillie Kay, 4338 North Saint Paul Road, had submitted the final plat for Fair Weather Subdivision, a 3.0 acre tract of land located on the west side of Saint Paul Road, approximately 1/4 mile north of Abbott Road, which is within the City's two-mile extraterritorial jurisdiction. Mr. Helm added that this plat would allow an existing single family home to be sold on a small lot separately from the remaining farm land. Motion by Seifert, second by Murray, carried unanimously to approve. #95-57 - Awarding: Final Plat and Subdivision Agreement for Marlo Subdivision. Nelson Helm, Regional Planning Director, reported that Mr. and Mrs. Elmer Mettenbrink, 1498 East One-R Road, had submitted the final plat for Marlo Subdivision, a .556 acre tract of land located between Capital Avenue and 20th Street, approximately 69 feet east of Illinois Avenue. Mr. Helm noted that this two-lot subdivision would provide a lot for an existing single family home and a lot for a new home. Motion by Seifert, second by Murray, carried unanimously to approve. #95-58 - Setting: Connection Fees for Water Main District #417T, 20th Street west of Illinois Avenue. Motion by Solt, second by Johnson, carried unanimously to set the connection fees for Water Main District #417T, 20th Street west of Illinois Avenue. #95-59 - Supporting Governor Nelson's Twelve Point Economic Plan. Motion by Solt, second by Johnson, to take no action on this Resolution. John Wagoner, 1711 South Harrison, spoke on the issue. Upon roll call vote, Sorensen, Murray, Kehm, Hosier, Preisendorf, Johnson, and Solt voted aye. Seifert voted nay. Motion carried. #95-60 - Approving Change Order #1 to Street Improvement Program #1-1994. Bud Buettner, Assistant Public Works Director, reported that the Public Works Department had developed Change Order #1 for the Street Improvement Program No.1, 1994. Mr. Buettner noted that the Contract was awarded to Diamond Engineering Company on July 5, 1994 in the amount of $290,128.29, and that Change Order #1 provided for removing and replacing 87.2 square feet of sidewalk in District #1183, Dodge Street; removing and replacing 108.3 square feet of sidewalk, removing and replacing one inlet top and tap into the existing storm sewer in District #1185, 20th Street, and that the cost of District #1183 was increased by $218 and the cost of District #1185 was increased by $840.75. Motion by Solt, second by Johnson, carried unanimously to approve. I I I Page 9, City Council Regular Meeting, March 13, 1995 #95-61 - Accepting Certificate of Final Completion for Street Improvement Program #1-1994. Bud Buettner, Assistant Public Works Director, reported that Diamond Engineering had completed the work provided for in the contract for Street Improvement District Program No. 1, 1994, which consisted of portland cement concrete paving with curb gutter and storm sewer on Blake Street, from Darr Street to Old Lincoln Highway; on Dodge Street, from Pleasantview Drive to 1/2 block west; on 20th Street, from Illinois Avenue to 400 feet west of Saint Paul Road; and on Henry Street, north from Stolley Park Road. Mr. Buettner noted that the performance of the company was supervised by the Engineering Division of the Public Works Department, and a Certificate of Completion had been issued by the Director of Public Works, subject to City Council approval. Motion by Solt, second by Johnson, carried unanimously to approve. #95-62 - Approving Support and Sponsorship of Annual Fishing Derby. Councilmember Seifert reported that the third annual "Get Hooked on Fishing! Not Drugs or Alcohol!!!" youth fishing derby was scheduled for June 24, 1995 at the Nebraska Veterans Home Lake, and that the goal of the event was to increase public awareness of fishing, to encourage youth to experience the sport first hand, and to advocate an alternative activity to drugs and alcohol. Councilmember Johnson questioned the ability of the Mayor to solicit monetary donations for prizes. City Attorney Keith Sinor responded that the donations would be solicited only in Hall County. Motion by Solt, second by Johnson, carried unanimously to approve. #95-63 - Designating Funds Received from the Nebraska Resources Development Fund to be used for the Development of the Super Cell. Parks and Recreation Director Steve Paustian reported that at the City Council Meeting of November 14, 1994, the City Council adopted a Resolution which set forth the City's interest in accepting ownership of the 53 acre tract of land at the intersection of Highway 281 and Broadwell Avenue (Super Cell) for the development of a municipal park contingent upon the participation of other government agencies in the form of park development funding for costs associated with park improvements. Mr. Paustian added that on February 28, 1995, the City received a check from Central Platte Natural Resources District in the amount of $48,000 which represented the City's share due from the State Resources Development Fund for the Moore's Creek Flood Control Project. Motion by Solt, second by Seifert, carried unanimously to adopt Resolution #95-63 which established the City's intent to appropriate the $48,000 received from the Central Platte Natural Resources District for the Super Cell development contingent upon the City receiving $67,200 from the Central Platte Natural Resources District and $38,400 from Hall County for such development. John Wagoner, 1711 South Harrison, questioned the cost of development. Gene McCormick, 707 South Pleasantview, stated the Central Platte Natural Resources Development would not be providing $67,200 for the development. Glendale Reiss, 910 North Boggs, spoke in opposition to the creation of a new park. #95-64 - Approving Jeffrey Oaks Third Subdivision and Settlement of Lawsuit. Keith Sinor, City Attorney, reported that on January 31, 1994, Jim Reed, on behalf of Jeffrey Oaks, Inc., had filed a $135,000 lawsuit with the City Clerk for damages allegedly caused by the rezoning of its property. Mr. Sinor reported that Mayor Gnadt and Interim City Administrator had I I I Page 10, City Council Regular Meeting, March 13, 1995 negotiated a settlement with Mr. Reed which would provide for dismissal of the lawsuit. Wayne Bennett, Interim City Administrator, reported that the terms of the settlement were included within a Subdivision Agreement for the proposed Jeffrey Oaks Third Subdivision, which also provided for a new 45 lot subdivision to be developed this spring and summer. Mr. Bennett explained that the Agreement provided that the City would install sanitary sewer in North Road adjacent to the subdivision at the City's cost, install storm sewer from the south edge of the subdivision to existing City storm sewer at City cost, and create a paving assessment district for the subdivision, and in return, Mr. Reed would abandon the $135,000 lawsuit. Jim Greer, 637 East McArthur, and Lewis Kent, 624 East Meves, spoke in opposition to the settlement. Motion by Seifert, second by Solt, carried unanimously to approve. #95-65 - Approving: Change Order #5 for Wastewater Treatment Plant Expansion Proiect. Bud Buettner, Assistant Public Works Director, reported that the Public Works Department had developed Change Order #5 for the Wastewater Treatment Plant Expansion Project, and that the Change Order provided for 41 changes and clarifications to the specifications. Mr. Buettner noted that the net cost of the change order was $57,399, and added that a Change Allowance had been provided for in the contract in the amount of approximately 3 % of the bid price and that there would be no increase in the contract amount as a result of this change order. Motion by Solt, second by Sorensen, carried unanimously to approve. #95-66 - Approving: 1994-1995 Budget Amendment. Chuck Haase, Finance Director, reported that the Police Chief and Parks Director had requested amendments to the Fiscal Year 1994-1995 Annual Budget to reflect the actual and projected costs associated with various projects and activities that differ from that anticipated in the original document. Mr. Haase noted that the revisions do not increase the overall appropriation level, but do transfer operating activity between divisions. Mr. Haase explained that the amendment included funding for a DUI vehicle; funding for the repair and erection of the water slide at Lincoln Pool from Pier Pool and to provide additional lifeguards to operate the new slide at Lincoln Pool; and additional appropriation to bring the various Parks water backflow prevention systems up to code as required by federal mandated standards; and reallocation of funds from cemetery land acquisition to funds for construction of structural improvements to the maintenance building and construction of an office. Councilmember Kehm suggested the Council reexamine the relocation of the water slide to Lincoln Pool. Motion by Solt, second by Sorensen, carried unanimously to approve the budget amendment. #95-67 - Approving Subdivision Filing Fee Relative to Large Lots Not Fronting on Dedicated Street or Public Road. Nelson Helm, Regional Planning Director, reported that at the recommendation of the Regional Planning Commission, an amendment to the 1994-1995 Annual Budget and Program of Municipal Services was proposed to establish a subdivision fee for subdivisions with all lots being more than ten acres in size. Mr. Helm noted that the amendment was recommended in conjunction with the modification to the Subdivision Regulations which provide for exemptions from subdivision regulations for tracts of land in excess of ten acres. Motion by Solt, second by Sorensen, carried unanimously to approve. I I I Page 11, City Council Regular Meeting, March 13, 1995 ORDINANCES: Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that the ordinances numbered: #8069 - Approving Request for Vacation of Easements in McShannon Subdivision #8070 - Approving Proposed Amendments to Grand Island Subdivision Regulations relative to Large Lots not Fronting on Dedicated Street or Public Road #8071 - Approving Proposed Amendments to Grand Island Subdivision Regulations Relative to Improvement Districts #8072 - Approving Proposed Amendment to Grand Island Zoning Ordinance to Correct an Error of Omission Relative to Screening of Parking Lots be considered for passage on the same day upon reading by number only, and then placed on 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 reading and final passage. Councilmember Seifert seconded the motion. After inviting questions or comments and there being none, CounciL President Preisendorf called for a roll call vote on the motion. All voted aye. Motion adopted. Clerk: Ordinances #8069, #8070, #8071, and #8072 on first reading. All those in favor of passage of said ordinances on first reading, answer roll call. Upon roll call vote, all voted aye. Motion adopted. Clerk: Ordinances #8069, #8070, #8071, and #8072, on final passage. All those in favor of passage of said ordinances on final passage, answer roll call. Upon roll call vote, all voted aye. Motion adopted. Council President Preisendorf: By reason of the roll call votes on the first reading and final passage of said Ordinances, Ordinances #8069, #8070, #8071, and #8072 are declared to be lawfully passed and adopted upon publication as required by law. PUBLIC DISCUSSION OF NON AGENDA ITEMS: Gene McCormick, 707 South Pleasantview, spoke in opposition to Study Sessions being held in Community Meeting Room. Lewis Kent, 624 East Meves, spoke on unlicensed vehicles. CLAIMS: Claims in the amount of $906,896.84, as presented by the City Clerk, were approved upon motion by Kehm, second by Seifert. Motion adopted unanimously. ADJOURNMENT: The meeting was adjourned at 8:45 p.m. I I I Page 12, City Council Regular Meeting, March 13, 1995 Respectfully submitted, I) _ _ fL, t Cl11dLf !{ LI (j)( tlG~jlc}t,JL Cindy K. tartwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL RETREAT March 16, 1995 Pursuant to due call and notice thereof, a Retreat of the City of Grand Island was conducted on March 16, 1995 at City Hall, 100 East First Street. Notice of the meeting was given in the Grand Island Independent on March 11, 1995. A quorum present, Mayor Gnadt called the meeting to order at 6:30 p.m. The following members were present: Mayor Gnadt, Councilmembers Hosier, Murray, Sorensen, Mehring, Solt, Preisendorf, Johnson, and Kehm. Seifert arrived at 7:00 p.m. The following City Officials were present: Interim City Administrator Wayne Bennett, City Clerk Cindy Cartwright, and City Attorney Keith Sinor. DEFINING AND CLARIFYING 1995-1996 PRIORITIES. Discussion was held on the priorities established by the City Council at the January 28, 1995 City Council Retreat. Housing. Jerri Garroutte, Community Development Director, reported that a grant had been written which requested $350,000 for down payment assistance for new dwellings, acquisition to purchase sites or vacant lots, and renovation of apartments and upper level housing. Mrs. Garroutte noted that the City had provided soft funds to include on the grant in the form of the sale of lots to Habitat for Humanity for $1, and added that HOME Funds in the amount of $550,000 had been given preliminary approval for a proposed 60 unit housing project in the southeast. Councilmember Mehring noted that the Regional Planning Commission had requested the City form a committee to evaluate what further steps could be taken to assist in housing development. Wayne Bennett, Interim City Administrator, noted that the settlement of the lawsuit with Jim Reed provided for the development of 43 lots this spring and summer with the potential for more, and stated that Johnson Cashway had been working in the Pleasant View Drive area on additional development. Economic Development. Councilmember Murray suggested that the contribution to the Grand Island Area Economic Development Corporation be increased to allow them to intensify their recruiting/ development efforts. Councilmember Kehm spoke in support of providing specific incentives to new businesses. Councilmember Mehring spoke in support of assisting existing businesses. Councilmember Kehm noted the need to bring more higher paying jobs to Grand Island to help bring wages up and get people out of the lower income bracket. Councilmember Solt agreed and noted that the unemployment figures might be misleading without considering underemployment. City Attorney Keith Sinor noted that true economic development activity which was in the form of direct aid had to be voted on. Mayor Gnadt stated that 80 % of industrial jobs in the future would be from existing business. Councilmember Preisendorf spoke in support of recruiting smaller businesses and helping them to grow. Discussion was I I I Page 2, City Council Retreat, March 16, 1995 held on the Community Redevelopment Authority and its potential role in assisting with economic development. Dianne Kelley, Downtown Development Director, stated that a request had been mailed to the State Auditor's Office for an opinion on the abilities of the Community Redevelopment Authority. Fire Station/Capital Heights. Discussion was held on the budget and status of Fire Station #4. Councilmember Johnson questioned whether the construction would be funded in 1994-1995 and 1995-1996. Councilmember Seifert questioned the need for the decontamination bay. Councilmember Mehring questioned whether FEMA funds could be requested for assistance. Fire Chief Jim Rowell requested clarification on design for Fire Station #4 relative to the decontamination bay. Council directed that the wall be bid as a separate option but that footings and a clean up area be provided for. Fire Station #lIExhaust System. Discussion was held on the status of the exhaust system for Fire Station #1. Fire Chief Jim Rowell reported that bid were due the next day. Fire Chief Rowell also demonstrated the personal alarm safety system for use by firefighters. Wood River/Warm Slough Proiect. Mayor Gnadt noted that he had attended a meeting in Washington last week with representatives from Senator Kerrey and Exon's offices, and Representative Bill Barrett, and noted that a meeting would be held in Grand Island on Saturday to further address the issue with Senator Bob Kerrey. Councilmember Solt questioned the City's required funding if Congress approved the project. Wayne Bennett, Interim City Administrator, noted that the City would budget $400,000 in the 1995-1996 Budget to address the first phase which consists of land acquisition and construction of the bridge. Island Oasis Water Park Improvements. No comments were made. Community Redevelopment Funding:. No comments were made. Civic Center. Mayor Gnadt noted that he had been informed that information would be provided to the Council during the next month. South Locust/I -80 Proiect. Discussion was held on the construction design of the project relative to a four lane or two lane highway. Wayne Bennett, Interim City Administrator, reported that the project cost was $25.15 million total and that the City's share was $1.18 million and the County's share was $830,000. Gary Quandt, 2006 West 11 th Avenue, spoke in support of a two lane highway. Councilmember Seifert left the meeting at 7:55 p.m. Infrastructure. Councilmember Sorensen requested resurfacing on 15th Street from Eddy Street to Wheeler Street. Councilmember Solt questioned the need for repairs to the underpasses and asked that the Public Works Department provide a listing of costs and projects included in the One and Six Year Street Improvement Plan. Councilmember Solt also requested that storm I I I Page 3, City Council Retreat, March 16, 1995 drainage be addressed on 15th and 16th Street near Eddy Street. Hike and Bike Trails. No comments were made. LE Ray Park Improvements. Councilmember Solt asked for a recap of how the $35,000 provided in the 1994-1995 budget had been utilized. Parks and Recreation Director Steve Paustian noted that funds had been used for tree trimming, bush removal and asphalt, and that approximately $3,000 remained. Mr. Paustian stated that he would be requesting additional funding in the next budget year to provide for day use on the west end of LE Ray Lake Park. Councilmember Sorensen noted that after this year Wayne Vanosdall would no longer be providing three softball fields for adult softball teams and stated that the City might have to address that need. Youth Investment. No comments were made. Annexation. No comments were made. Seed $ for Business Start Up. No comments were made. Fourth Street/South Locust Street/Highway 30 Improvement District. No comments were made. Gene McCormick, 707 South Pleasantview, questioned the downtown parking ability if upper level housing were developed and stated that the streets were rough after the asphalt was done on Broadwell. ADJOURNMENT. The meeting was adjourned at 8: 15 p.m. Respectfully submitted, . I) 1 L .... .t.. tlV''-CLtx ~ l C,,\ 1\\' )t~ fJ Cindy K. Cartwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL SPECIAL MEETING March 20, 1995 Pursuant to due call and notice thereof, a Special Meeting of the City of Grand Island was conducted on March 20, 1995 at City Hall, 100 East First Street. Notice of the meeting was given in the Grand Island Independent on March 16, 1995. A quorum present, Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Counci1members Hosier, Seifert, Murray, Sorensen, Mehring, Solt, Preisendorf, Johnson, and Kehm. The following City Officials were present: Interim City Administrator Wayne Bennett, City Clerk Cindy Cartwright, and City Attorney Keith Sinor. #95-68 - Adopting Position Profile for City Administrator. Mayor Gnadt reported that The PAR Group had compiled a Position Profile for the City Administrator following interviews with elected officials, staff, and community representatives. The Mayor indicated that the Position Profile would assist in the recruitment of a candidate who would be suitable for Grand Island. Discussion was held on various aspects of the Profile. Counci1member Mehring, Solt, and Preisendorf spoke in support of amending the Education and Experience section to reflect education and experience as a Business Administrator as comparable to that of a City Administrator. Finance Director Chuck Haase recommended that the reference to Personnel Department be amended. It was noted that there had only been three City Administrators since 1979, not four as the profile indicated. Motion by Kehm, second by Johnson, carried unanimously to adopt the Position Profile as amended by the Council to reflect comparable education and experience in Business. #95-69 - Approving Waiver of Bleacher Fee. Steve Paustian, Parks and Recreation Director, reported that Tex Harvey of Grand Island Senior High had requested the use of City portable bleachers at no cost to the school, and that Council approval for waiver of the fee was required. Motion by Seifert, second by Kehm, carried unanimously to approve. ADJOURNMENT: The meeting was adjourned at 7:35 p.m. Respectfully submitted, i11d'J: f( &"'/1#1 g~ Cindy K. Cartwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL STUDY SESSION March 20, 1995 Pursuant to due call and notice thereof, a Study Session of the City of Grand Island was conducted on March 20, 1995 at the Public Safety Center, 131 South Pine Street. Notice of the meeting was given in the Grand Island Independent on March 18, 1995. A quorum present, Mayor Gnadt called the meeting to order at 7:45 p.m. The following members were present: Mayor Gnadt, Councilmembers Hosier, Murray, Sorensen, Mehring, Solt, Preisendorf, Johnson, Seifert, and Kehm. The following City Officials were present: Interim City Administrator Wayne Bennett, City Clerk Cindy Cartwright, and City Attorney Keith Sinor. Tour of Police Department and Review of Police Operations. Gene Watson, Police Chief, gave a brief overview of the Police Department history and current operations. Mr. Watson noted that the County and the City shared many resources and that the Public Safety Center facility was overcrowded and more space was needed. Chief Watson outlined the organizational structure of the Police Department. Councilmember Murray spoke in support of Community Policing. A tour of the facility was conducted following Study Session discussion. Relocation of Water Slide to Lincoln Pool. Councilmember Kehm noted that he had brought this item before the Council for further discussion relative to the expenses associated with the relocation of the water slide to Lincoln Pool and the benefits such a slide would provide. Councilmember Kehm questioned whether the anticipated increased attendance could justify the relocation. Councilmember Sorensen spoke in support of relocation of the slide and noted that recreational facilities are not money makers. Steve Paustian, Parks and Recreation Director, reviewed the costs associated with the relocation. Jackie Pielstick, 722 East 7th Street, and Gary Rodewald, 1811 North Grand Island Avenue, spoke in support of placing the slide at Lincoln Pool. Councilmembers Kehm and Seifert noted that the City should plan for a pool facility on the northwest side of town. Mayor Gnadt noted that need would be addressed in the Comprehensive Recreational Facility Plan. Consensus of the Council was to proceed with relocation of the slide. Discussion on Funding for Homeless Shelters. City Attorney Keith Sinor reviewed the options available to proceed with funding assistance to the Salvation Army and the Community Humanitarian Resources Center for homeless shelters as discussed at the Februry 27, 1995 Study Session. Mr. Sinor noted that the City had the authority to maintain and erect a poor hour and could contract with outside entities to provide this service, or the City could create a Housing Authority if a vote of the people approved that. Councilmembers Solt, Murray, and Johnson spoke in support of the City funding a poor house via contractual agreement. I I I Page 2, City Council Study Session, March 20, 1995 Open Burning. Councilmember Solt requested that the Council address the open burning dates inasmuch as he had received complaints that the weather made burning impossible. City Attorney Keith Sinor noted that under Nebraska law, the City Council could not repeal or amend a law enacted by the people through an election for a period of one year from the date of the election. It was noted that the Council could not address this concern until June, 1995 for changes to the open burning schedule for fall, 1995 and winter, 1996. Mr. Sinor noted that an amendment to the Ordinance would require seven votes. Gary Rodewald, 1811 North Grand Island Avenue, noted that with the unpredictability of the weather, no date would guarantee good burning. Councilmember Seifert suggested that the free day at the transfer station coincide with the end of the open burning. ADJOURNMENT: The meeting was adjourned at 9:20 p.m. Respectfully submitted, 1\ (~LI\ cLr J< C Ith tu rLL Cindy K. Cartwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING March 27, 1995 Pursuant to due call and notice thereof, a Regular Meeting of the City of Grand Island was conducted on March 27, 1995, at City Hall, 100 East First Street. Notice of the meeting was given in the Grand Island Independent on March 22, 1995. A quorum present, Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Johnson, Solt, Hosier, Preisendorf, Mehring, Seifert, Murray and Sorensen. Kehm was absent. The following City Officials were present: Interim City Administrator Wayne Bennett, City Clerk Cindy Cartwright, a nd City Attorney Keith Sinor. APPROVAL OF MINUTES: Motion by Preisendorf, second by Sorensen, carried unanimously to approve the minutes of the March 13, 1995 Study Session, the minutes of the March 16, 1995 Special Study Session, the minutes of the March 20, 1995 Special Meeting, and the minutes of the March 20, 1995 Study Session. See attached MINUTES. A MOTION is in order. PRESENTATIONS AND PROCLAMATIONS: Recognition of Dale Johnson for Saving Life of Co-Worker. Bernice Beeder. Peg Gilbert, Chairman of the Board of Central Chapter of Red Cross, and Mayor Gnadt presented an Extraordinary Personal Action Certificate to Dale Johnson for saving the life of his co-worker Bernice Beeder. Cindy Cartwright, City Clerk, reported that April 1, 1995 had been proclaimed Airforce Heartland of America Band Day and April 9-15, 1995 had been proclaimed National Library Week. Chris Peterson, Leadership Tomorrow, reviewed the Leadership Tomorrow program and invited the Mayor and City Council to join the group on April 13, 1995. Mayor Gnadt reported that a Steering Committee for work on the Wood River/Warm Slough Project had been established. PUBLIC HEARINGS: Public Hearing on Application of Community Development Block Grant for Housing Development. Jerri Garroutte, Community Development Director, reported that the Nebraska Department of Economic Development accepted applications through the Housing Development component of the Community Development Block Grant Program for grant funding for specific types of housing and Public Works activities, such as site developments, including acquisition I I I Page 2, City Council Regular Meeting, March 27, 1995 and public improvements, and the Home Ownership Opportunity Program, and that this was an annual application process through which cities with populations under 50,000 may apply for up to $350,000 in Community Development Block Grant funds. Mrs. Garroutte reported that a grant application seeking $350,000 to assist with five new housing units to be constructed in northeast area of Grand Island, rental rehabilitation, and voluntary acquisition had been prepared. No public testimony was heard. Public Hearing on Request of Knox Construction, 1220 East Capital A venue, for Renewal of Conditional Use Permit for Temporary Placement of Mobile Home. Craig Lewis, Building Inspections Director, reported that Mrs. Beulah Knox Pierson, 1220 East Capital Avenue, has submitted an application for the renewal of a Conditional Use Permit for the temporary placement of a mobile home at 1220 East Capital Avenue, to be used as a watchman's quarters. Mr. Lewis noted that this request was first granted by the City Council in 1980 and stated that the intent behind the provision of the City Code providing for this usage was to allow for temporary facilities to accommodate either permanent construction or occasional uses. Mr. Lewis noted that inasmuch as the temporary mobile home had been in place for the last 15 years, it would not appear that this request met the intent of the City Code, however approval was recommended for a one year period, contingent upon only Mrs. Pierson occupying the mobile home. No public testimony was heard. Public Hearing on Request of Thomas Anderson and Donald Rousch for Conditional Use Permit for Sand and Gravel Operation at 2819 South Locust Street. Nelson Helm, Regional Planning Director, reported that Mr. Earl Ahlschwede, representing the Anderson-Rousch Property at 2819 South Locust Street, had submitted an application for the renewal of a Conditional Use Permit for a sand and gravel operation at 2819 South Locust Street, and that Mr. Ahlschwede was also requesting approximately 26.133 acres of additional land for expansion of the sand and gravel operation. Mr. Helm noted that the property was located in a "TA" (Transitional Agriculture) Zone, and that a sand and gravel operation was listed as a permitted Conditional Use in the zone. The Regional Planning Department recommended that if the Council approved the renewal and extension of the Conditional Use Permit, that it be for a period of five years, subject to the following conditions: 1) Any excavated material or overburden shall not be placed in the federally delineated floodway located along the Wood River; 2) the owner shall file an Erosion Control Plan; and 3) the owner shall apply for a Flood Plain Development Permit from the Building Department and Regional Planning Commission, with the aforementioned conditions. Earl Ahlschwede spoke in support of the application. No public testimony was heard. DISCUSSION AND INFORMATION ITEMS: Requests of Various Groups/Agencies for Funding in FY 1995-1996 Annual Budget. Requests from various groups, including Family Violence Coalition, Retired Senior Volunteer Program, Grand Island Area Economic Development Corporation, The Crisis Center, Humane Society, Grand Island Child Care Task Force, Clean Community Systems, Grand Isle Heritage Zoo, Partnership for Community Planning, and Junior Achievement, have been received relative to I I I Page 3, City Council Regular Meeting, March 27, 1995 funding in the 1995-1996 Annual Budget. Councilmember Murray requested that a form be created for Council to indicate their funding level interest for each agency. John Wagoner, 1711 South Harrison, and Glendale Reiss, 910 North Boggs, spoke on the issue. REQUESTS AND REFERRALS: Approving Receipt of Official Documents. Motion by Johnson, second by Seifert, carried unanimously to approve the minutes of the Library Board Meeting of January 9, 1995, the minutes of the Library Board Meeting of February 6, 1995, and the minutes of the Downtown Improvement Board Meeting of February 21, 1995 and the application and official bond in the amount of $50,000 for Ummel Sanitation. Request of KSYZ for Fireworks Display at Fonner Park. Motion by Seifert, second by Sorensen, carried unanimously to approve the request of Jay Vavricek, representing KSYZ, for a Fireworks Display Permit for July 4, 1995, in conjunction with Independence Day festivities. Fire Chief Jim Rowell noted that the display would take place at 10:00 p.m., at the east side of Fonner Park and that the Police and Fire Departments would work with Fonner Park officials to develop control of other firework activities in the parking lot. Approving Request of Knox Construction. 1220 East Capital Avenue. for Renewal of Conditional Use Permit for Temporary Placement of Mobile Home. Motion by Sorensen, second by mehring, carried unanimously to approve the request of Mrs. Beulah Knox Pierson, 1220 East Capital Avenue, for the renewal of a Conditional Use Permit for the temporary placement of a mobile home at 1220 East Capital Avenue, to be used as a watchman's quarters, for a one year period of time, contingent upon only Mrs. Pierson occupying the unit. Councilmember Murray and Preisendorf noted that the Council may wish to amend the City Code inasmuch as the Conditional Use Permits were being utilized routinely. Approving Request of Thomas Anderson and Donald Rousch for Conditional Use Permit for Sand and Gravel Operation at 2816 South Locust Street. Motion by Sorensen, second by Mehring, carried unanimously to approve the request of Mr. Earl Ahlschwede, representing the Anderson-Roush Property at 2819 South Locust Street, for the renewal of a Conditional Use Permit for a sand and gravel operation at 2819 South Locust Street, and the expansion of the operation. The approval was for a period of five years, subject to the following conditions: 1) Any excavated material or overburden shall not be placed in the federally delineated floodway located along the Wood River; 2) the owner shall file an Erosion Control Plan; and 3) the owner shall apply for a Flood Plain Development Permit from the Building Department and Regional Planning Commission, with the aforementioned conditions. Approving Request of Rana Nolan for Liquor Manager Designation for United Veterans Club. Motion by Sorensen, second by Mehring, carried unanimously to approve the request of Ms. Rana Nolan, 2319 West Sixth Street, for a Liquor Manager Designation associated with the United Veterans Club, 1914 West Capital Avenue. I I I Page 4, City Council Regular Meeting, March 27, 1995 Approving Request of Mr. James Keeshan for Liquor Mana~er Desi~nation for JG & J. Inc.. dba Desert Rose. Motion by Sorensen, second by Mehring, carried unanimously to approve the request of Mr. James Keeshan, 1708 Lariat Lane, for Liquor Manager Designation associated with JG & J, Inc., dba Desert Rose, 3235 South Locust Street. Approving Request of Grand Generation Center. 304 East Third Street. for Erection of Fence in Easement. Bud Buettner, Assistant Public Works Director, reported that Mrs. Lois Stienike, Executive Director of Grand Generation Center, 304 East Third Street, had submitted an application for a License Agreement to allow for encroachment onto a public easement for the construction of a moveable fence (gate) in the alleyway to make it accessible in an emergency. Motion by Sorensen, second by Mehring, carried unanimously to approve. Approving Request of Geotechnical Service. Inc.. Second and Tilden Street. for Use of Public Ri~ht of Way. Bud Buettner, Assistant Public Works Director, reported that Ms. Sally Nielsen, Vice President/Division Manager of Geotechnical Services, Inc., 3826 West Arch Avenue, had submitted an application for a License Agreement to allow the use of the public right-of-way for the installation of monitoring wells associated with the Sinclair facility located at Second and Tilden Streets. Motion by Sorensen, second by Mehring, carried unanimously to approve. Approving Request of Kenneth Staab. 3032 West Stolley Park Road and 3048 West Stolley Park Road. for Pavinl! of Easement. Bud Buettner, Assistant Public Works Director, reported that Mr. Kenneth Staab, 3048 West Stolley Park Road, had submitted an application for a License Agreement to pave over an easement at 3032 and 3048 West Stolley Park Road to provide a parking lot for access to the street. Motion by Sorensen, second by Mehring, carried unanimously to approve. Approving Request of The Five B Corporation for Extension of Non Conforming Use. Nelson Helm, Regional Planning Director, reported that Mr. Bret Baxter, 3767 South Monitor Road, President of the Five- B Corporation, had submitted a request for an addition to a current non- conforming use to allow the construction of a new building, and that the approval of Council was required inasmuch as the new building would be on property across the road from the existing operation which was covered by the current non conforming use. Motion by Mehring, second by Seifert, carried unanimously to approve. Approving Referral of Request of Guadalupe Marin for Rezoning of Property located at 552 East 19th Street to Regional Planning Commission. City Clerk Cindy Cartwright reported that Guadalupe Marin, 1108 1/2 North Eddy Street, had submitted an application to rezone the property at 552 East 19th Street, from an "R2" (Low Density Residential) Zone to an "R2-M" (Low Density-Manufactured Home) Zone, for the placement of a manufactured home at 552 East 19th Street. Ms. Cartwright noted that the request should be referred to the Regional Planning Commission for a Public Hearing and recommendation as provided for in the City Code, and then subsequently returned to the City Council for review and discussion on April 10, 1995, at which time a Public Hearing would be held. Motion by Seifert, second by Preisendorf, carried unanimously to approve. I I I Page 5, City Council Regular Meeting, March 27, 1995 Approving Referral of Request of Ward Hoppe for Rezoning of Property Located East of Intersection of Cherry Street and Memorial Drive. City Clerk Cindy Cartwright reported that Ward Hoppe, Hoppe Law Firm, Lincoln, Nebraska, had submitted an application to rezone the property east of the intersection of Cherry Street and Memorial Drive, from "R4" (High Density Residential) Zone to "RD" (Residential Development) Zone to provide for a planned residential development. It was noted that the current zoning would allow the construction of 618 units; Mr. Hoppe was proposing the construction of 210 units. Ms. Cartwright stated that the request should be referred to the Regional Planning Commission for a Public Hearing and recommendation as provided for in the City Code, and subsequently returned to the City Council for review and discussion on April 10, 1995, at which time a Public Hearing would be held. Motion by Seifert, second by Preisendorf, carried unanimously to approve. Approving Appointment of Marilyn Lueth as Councilmember for Ward 5. Councilmember Hosier reviewed the process for selection of a replacement Councilmember for Ward 5 and moved to approve the appointment of Marilyn Lueth. Preisendorf seconded the motion. Glendale Reiss, 910 North Boggs, spoke in opposition to the appointment. Councilmember Johnson spoke in support of Ms. Lueth and noted that her community involvement was a benefit to the community. Upon roll all vote, motion was adopted unanimously. Approving Request of GI Joggers for Use of Public Streets. Motion by Sorensen, second by Seifert, carried unanimously to approve the request of the Grand Island Joggers to utilize certain streets for the Saint Francis Spring Fitness Classic to be held on Saturday, April 1, 1995; the Monfort Stampede to be held at the Island Oasis Water Park on Saturday, June 10, 1995; and the Bill Seymour Memorial Marathon to be held on Saturday, September 16, 1995. RESOLUTIONS: #95-70 - Awarding Bid for Sanitary Sewer District #479T. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for Sanitary Sewer District 479T to serve the Jeffrey Oaks Third Subdivision, and that improvements consisted of a 15" sewer along the east side of the North Road right of way adjacent to Jeffrey Oaks Third Subdivision. Ms. Griffiths noted that one bid had been received in the amount of $59,682.75 from Diamond Engineering of Grand Island. Motion by Seifert, second by Solt, carried unanimously to award the bid to Diamond Engineering. #95-71 - Awarding Bid for ACSR Wire and Miscellaneous Electrical Items. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of ACSR Wire and miscellaneous electrical items to serve the Utility Department, Electric Line and Underground Divisions and that bids had been submitted by five vendors offering pricing for 14 (fourteen) electrical line items; however, nine of the line items could be awarded without City Council action as the total award to each individual bidder was less than $10,000. Ms. Griffiths noted that the low bid for the remaining five electrical items was submitted by Kriz Davis of Grand Island in the amount of $26,174.42. Motion by Seifert, second by Solt, carried unanimously to award the low bid to Kriz Davis. I I I Page 6, City Council Regular Meeting, March 27, 1995 #95-72 - Awarding: Bid for Machinery Monitoring Equipment. Beth Griffiths, Purchasing Agent, reported that as a result of the Platte Generating Station's plant controls upgrade project, the system which monitors vibration and operating parameters of the turbine generator and other major equipment was required to be replaced due to obsolescence of the existing system. Ms. Griffiths noted that the consulting engineer for the project, Black & Veatch, developed specifications for a replacement system and obtained bids in accordance with the City's purchasing procedures to serve the Utilities Department, Power Division. It was noted that two bids were received. Motion by Seifert, second by Solt, carried unanimously to award the low bid to Bently Nevada of Tulsa, Oklahoma in the amount of $231,043. #95-73 - Awarding: Bid for Tennis Court Resurfacing. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the resurfacing at three (3) tennis courts in Ryder Park and two (2) tennis courts in the Grand Island Racquet Center to serve the Parks and Recreation Department, Park Maintenance Division, and that one bid had been received from JIL Asphalt of Grand Island in the amount of $17,576.01. Motion by Seifert, second by Solt, carried unanimously to award the low bid to JIL Asphalt. #95-74 - Awarding Bid for Fence for L.E. Ray Lake. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the installation of fence at L.E. Ray Park Lake, Parks and Recreation Department, Parks Division, and that six bids had been received, ranging from $15,580 to $23,015.60. Motion by Seifert, second by Solt, carried unanimously to award the low bid to American Fence of Omaha, Nebraska, in the amount of $15,580. #95-75 - Awarding Bid for Ambulance. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of an ambulance to serve the Fire Department, Emergency Medical Division, and noted that the bidding specifications included the options to bid a new 1995 unit and a 1994 demonstrator unit. Ms. Griffiths stated that seven bids had been received, ranging from $64,449 to $76,665 for the 1995 new unit and from $57,167 to $69,934 for the 1994 demonstrator unit, but that the three low bids for the demonstrator units did not meet the specifications relative to wheelbase or the interior cabinetry. Motion by Seifert, second by Solt, carried unanimously to award the bid to O'Dell's Superior sales and Service of Dakota City, Nebraska, in the amount of $64,449, FOB Factory, for a 1995 model. #95-76 - Awarding Bid for Water Park Expansion Engineering Services. Beth Griffiths, Purchasing Agent, reported that at the February 20, 1995 City Council Meeting, Council provided direction to the Parks and Recreation Director relative to the solicitation of proposals for engineering services for the expansion of Island Oasis, and that two proposals for the engineering services had been received, in the amount of $15,500 and $23,252. Councilmember Mehring spoke in opposition to the expansion project. Glendale Reiss, 910 North Boggs, questioned the cost of the project. Motion by Johnson, second by Seifert, to award the low proposal to Water Technology, Inc., of Beaver Dam, Wisconsin for a not-to-exceed amount of $15,500. Upon roll call vote, Johnson, Solt, Hosier, Preisendorf, Seifert, and Murray voted I I I Page 7, City Council Regular Meeting, March 27, 1995 aye. Sorensen and Mehring voted nay. Motion carried. #95-77 - Amending Contract with American Legion Relative to Baseball. Steve Paustian, Parks and Recreation Director, reported that on April 11, 1988, the City of Grand Island entered into a contract with the American Legion, 1914 West Capital Avenue, to establish the terms and conditions for the use of the baseball field located at Ryder Park, and that now an amendment to the contract which would develop a program to provide a long term field management program was proposed. Motion by Seifert, second by Solt, carried unanimously to approve. #95-78 - Awarding Bid for Housing Study Consultant. Beth Griffiths, Purchasing Agent, reported that at the May 24, 1994 City Council Meeting, a Public Hearing was held relative to the Community Development Block Grant Application which sought $16,800 to fund a housing study of Grand Island and the two-mile jurisdiction. Ms. Griffiths noted that the purpose of the study was to determine the need for housing in Grand Island and to provide a data which would be used by individuals, and various groups, including developers, contractors, and agencies. It was noted that the grant, funded in the amount of $12,600, required a 25 % match from the community, and that the Chamber of Commerce and Industrial Foundation had committed to providing $1,000 each; and the City of Grand Island had committed to providing $2,000, in matching funds for completion of the study. Ms. Griffiths reported that one proposal had been received from Hanna: Keelan Associates, P. C. of Lincoln, Nebraska, in the not - to-exceed amount of $16,600. Motion by Seifert, second by Solt, carried unanimously to approve. #95-79 - Approving Submittal of Grant to Nebraska Department of Environmental Quality Requesting Reimbursement for Landfill Closure. Bud Buettner, Assistant Public Works Director, reported that the Landfill Closure Assistance Fund was established by the State legislation to provide grants for landfill site closing assessment, closure, monitoring, and remediation costs for landfills existing on July 15, 1992, and that funding for these efforts came from 24.5 % of the monies remaining after paying prizes and operating expenses of the State Lottery Operation Fund. Mr. Buettner noted that the City's old landfill had been closed in accordance with Nebraska Department of Environmental Quality guidelines, and that a grant application in the amount of $125,000 had been prepared requesting assistance for reimbursement of funds associated with the closure of the old landfill. Motion by Solt, second by Preisendorf, carried unanimously to approve. #95-80 - Approving 1995 Community Development Block Grant Application. Motion by Murray, second by Preisendorf, carried unanimously to approve the 1995 Community Development Block Grant Application, in the amount of $350,000. #95-81 - Approvin~ Change Order #2 to Advanced Control Systems for EMS/SCADA System. Gary Mader, Utilities Director, reported that the Utilities Department had developed Change Order #2 for the Electric Transmission and Distribution System Control and Data Acquisition (SCADA) Contract. Mr. Mader noted that the Contract was awarded to Advance Control Systems, Inc., in 1991, and provided for the purchase of the SCADA, which was needed in order to meet the needs of an expanding electric system. It was noted that the contract amount, I I I Page 8, City Council Regular Meeting, March 27, 1995 with Change Order #1, which was approved in December, 1993, was $1,110,579, and that as the system was being designed and constructed, several changes, which did not degrade the specified functionality of the SCADA system or increase the overall cost of the project, were required. Mr. Mader explained that Change Order #2 was recommended to formally accept the adjustments to the original contract, and stated that the net effect was no change in the contract amount. Motion by Solt, second by Johnson, carried unanimously to approve. #95-82 - Declaring Emergency for Replacement of Water Main in Pine Street from Court to Ashton Street. Gary Mader, Utilities Director, reported that the water main in Pine Street from Ashton Street to Court Street had experienced four failures in the last thirty days, and additional failures were anticipated. Mr. Mader explained that the City's Procurement Code, Section 27- 13, allowed the City Council to consider emergency procurement when there existed a threat to public health, welfare, or safety; provided that the purchase be made with such competition as practical. Mr. Mader reported that the Utilities Department and Purchasing Division were coordinating a formal bid for this project; however, if the water main failed prior to the completion of the bid process, emergency procurement methods would instead be employed. Motion by Seifert, second by Murray, carried unanimously to approve. #95-83 - Setting Date for Board of Equalization to Consider 1994 Weed Abatement Assessments. Keith Sinor, City Attorney, reported that the City Council functioned as a Board of Equalization in matters relating to weeds where it was necessary to level special assessments, and that the Health Department was responsible for administering provisions governing the mowing of weeds. Mr. Sinor explained that the Department cited violators and allowed them five (5) days for compliance, and that following this period, the Department undertook the mowing and billed the property owner. It was noted that unpaid charges were assessed annually by the City Council in its capacity as the Board of Equalization. Motion by Solt, second by Preisendorf to set the date of Hearing and Board of Equalization as April 24, 1995. Upon roll call vote, Solt, Hosier, Preisendorf, Mehring, Seifert, Murray and Sorensen voted aye. Johnson was absent at the time the vote was taken. Motion adopted. #95-84 - Approving Interlocal Agreement with Hall County Relative to Resurfacing of Capital Avenue. Bud Buettner, Assistant Public Works Director, reported that resurfacing of Capital Avenue, from Engleman Road to one half mile east of Skypark Road, was provided for in the City's One and Six Year Street Improvement Program. Mr. Buettner reported that it was customary for the City and the County to work together in resurfacing streets that pass through both jurisdictions and that inasmuch as the majority of the street was in the City, the City would let the contract. Mr. Buettner stated that an Inter-Local Agreement had been prepared for action by both the City and County which provided that each entity was responsible for the work done in its jurisdiction, and that the City's share of the construction was estimated to be $342,690.68. Motion by Seifert, second by Hosier, carried unanimously to approve. ORDINANCES: I I I Page 9, City Council Regular Meeting, March 27, 1995 #8073 - Creating Street Improvement District #1193, Manchester Road from North Road to 513' west of North Road. Bud Buettner, Assistant Public Works Director, reported that at the March 13, 1995 City Council Meeting, Council approved the Subdivision Agreement for Jeffrey Oaks Third Subdivision which provided that the City would create paving districts within the Jeffrey Oaks Subdivision. Mr. Buettner noted that District #1193 would provide for the construction of 37 foot wide Portland cement concrete paving with curb, gutter, and storm sewer in an area which was presently farm land, and that the cost would be funded through assessments to benefitted properties. #8074 - Creating Street Improvement District #1194, Sacramento Circle west off of North Road. Bud Buettner, Assistant Public Works Director, reported that at the March 13, 1995 City Council Meeting, Council approved the Subdivision Agreement for Jeffrey Oaks Third Subdivision which provided that the City would create paving districts within the Jeffrey Oaks Subdivision. Mr. Buettner noted that District #1194 provided for the construction of 37 foot wide Portland cement concrete paving with curb, gutter, and storm sewer in an area which was presently farmland, and that the cost would be funded through assessments to benefitted properties. #8075 - Creating Street Improvement District #1195, Boston Circle west off of North Road. Bud Buettner, Assistant Public Works Director, reported that at the March 13, 1995 City Council Meeting, Council approved the Subdivision Agreement for Jeffrey Oaks Third Subdivision which provided that the City would create paving districts within the Jeffrey Oaks Subdivision. Mr. Buettner noted that District #1195 provided for the construction of 37 foot wide Portland cement concrete paving with curb, gutter, and storm sewer in an area which was presently farmland, and that the cost would be funded through assessments to benefitted properties. #8076 - Creating Street Improvement District #1196, Norseman Avenue from North Road to 494' west of North Road. Bud Buettner, Assistant Public Works Director, reported that at the March 13, 1995 City Council Meeting, Council approved the Subdivision Agreement for Jeffrey Oaks Third Subdivision which provided that the City would create paving districts within the Jeffrey Oaks Subdivision. Mr. Buettner noted that District #1196 provided for the construction of 37 foot wide Portland cement concrete paving with curb, gutter, and storm sewer in an area which was presently farmland, and that the cost would be funded through assessments to benefitted properties. Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that the ordinances numbered: #8073 - Creating Street Improvement District #1193, Manchester Road from North Road to 513' west of North Road. #8074 - Creating Street Improvement District #1194, Sacramento Circle west off of North Road. I I I Page 10, City Council Regular Meeting, March 27, 1995 #8075 - Creating Street Improvement District #1195. Boston Circle west off of North Road. #8076 - Creating Street Improvement District #1196 . Norseman Avenue from North Road to 494' west of North Road. be considered for passage on the same day upon reading by number only, and then placed on 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 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. All vote aye. Motion adopted. Clerk: Ordinances #8073, #8074, #8075, #8076 on first reading. All those in favor of passage of said ordinances on first reading, answer roll call. Upon roll call vote, all voted aye. Clerk: Ordinances #8073, #8074, #8075, and #8076 on final passage. All those in favor of passage of said ordinances on final passage, answer roll. Upon roll call vote, all voted aye. Motion adopted. Mayor: By reason of the roll call votes on the first reading and final passage of said ordinances, Ordinances #8073, #8074, #8075, and #8076 are declared to be lawfully passed and adopted upon publication as required by law. PUBLIC DISCUSSION OF NON AGENDA ITEMS: Chuck Haase, Finance Director, spoke on the recent Hall County property valuation reappraisals. Lewis Kent, 624 East Meves, spoke against the settlement with Jim Reed. CLAIMS: Claims in the amount of $2,097,135.49, as presented by the City Clerk, were approved upon motion by Seifert, second by Murray. Motion adopted unanimously. ADJOURNMENT: The meeting was adjourned at 9:04 p.m. Respectfully submitted, (Jl1ili6 1\r!JJdWll) 3~i Cindy K. Cartwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING April 10, 1995 Pursuant to due call and notice thereof, a Regular Meeting of the City of Grand Island was conducted on April 10, 1995, at City Hall, 100 East First Street. Notice of the meeting was given in the Grand Island Independent on April 5, 1995. A quorum present, Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Johnson, Hosier, Solt, Kehm, Murray, Preisendorf, and Mehring were absent. Seifert was absent. The following City Officials were present: Acting Interim City Administrator Chuck Haase, City Clerk Cindy Cartwright, and City Attorney Keith Sinor. PLEDGE OF ALLEGIANCE was said, followed by INVOCATION given by Councilmember Solt. APPROVAL OF MINUTES: Motion by Sorensen, second by Preisendorf, carried unanimously to approve the minutes of the March 27, 1995 Regular City Council Meeting. PRESENTATIONS AND PROCLAMATIONS: City Clerk Cindy Cartwright reported that April had been declared Child Abuse Prevention Month; April 12 as Great Read Aloud Day; April 23, 1993 as Days of Remembrance of the Holocaust. John Brownell presented an update on the citizen involvement relative to the issuance of a brochure on the bike path remarking project. Mr. Bill Callahan and Ms. Carol Ahlgren of the State Historical Society, made a presentation on a survey being completed of all buildings in Hall County for historical relevance. This survey will create the opportunity for buildings to be eligible for the Historic Registry and for possible historical tax credits for specific projects. CITY COUNCIL REORGANIZATION: Administration of Oath to Newly Appointed Official. City Clerk Cindy Cartwright administered the Oath of Office to Marilyn Lueth, newly appointed Councilmember. Seating of Newly Appointed Official. The meeting resumed with the seating of newly appointed Councilmember Marilyn Lueth. Comments by New Councilmember. A brief comment was made by Councilmember Lueth. PUBLIC HEARINGS: I I I Page 2, City Council Regular Meeting, April 10, 1995 Public Hearing on Land Use Zoning Change. Nelson Helm, Regional Planning Director, reported that Mr. Ward Hoppe, Hoppe Law Firm, Lincoln, Nebraska, had submitted a request to rezone a parcel of property located east of the intersection of Cherry Street and Memorial Drive, from "R4" (High Density Residential) Zone to "RD" (Residential Development) Zone. Mr. Helm noted that the purpose of the request was to provide for a planned residential development and stated that the Regional Planning Commission, at their meeting of April 5, 1995, voted unanimously to recommend approval of the request. Fred Hoppe, Developer, presented information on the project. Jim Greer, 637 East McArthur Avenue, Robert Meyer, 648 East Memorial Drive, Daryl Hartley, 616 McArthur, Lewis Kent, 624 East Meves, Ann Miller, 704 South Cherry Street, Mark Larsen, 652 East Memorial Drive, Ron Miller, 704 South Cherry Street, and Greg Wieseman, 623 East Memorial Drive, spoke in opposition to the project. Bob Ranard, 715 East Dodge, representing Grand Island Housing Corporation, and Rod Ruple, 2410 North Sheridan Avenue, representing Hall County Housing Authority, spoke in support of the project. Public Hearing on Land Use Zoning Change. Nelson Helm, Regional Planning Director, reported that Mr. and Mrs. Sebastian Marin, 1108 1/2 North Eddy Street, had submitted a request to rezone a parcel of property located at 552 East 19th Street, from an "R2" (Low Density Residential) Zone to an "R2-M" (Low Density-Manufactured Home) Zone, to provide for the placement of a manufactured home at 552 East 19th Street. Mr. Helm noted that the Regional Planning Commission recommended denial of the request. Joan and Jerry Rapp, 553 East 19th Street, spoke in opposition to the project. Public Hearing on Application for Liquor License for Fontenelle. Oil Company, dba Holiday Station Store #114. Cindy K. Cartwright, City Clerk, reported that Mr. Mark Dahlsten, 236 North Boggs Street, representing Fontenelle Oil Company, dba Holiday Station Store #114, 1404 West Second Street, had submitted an application for a Class "K" Liquor License. Ms. Cartwright introduced the following exhibits for the record: Application submitted to the Nebraska Liquor License Commission and received by the City Clerk on March 23, 1995; Notice to the general public of date, time, and place of hearing published on March 28, 1995; Notice to the applicant of date, time, and place of hearing mailed on March 23, 1995; Chapter 4 of City Code; and Departmental reports as required by City Code. John Brownell representing Fontenelle Oil Company spoke in support of the application. No further public testimony was heard. Public Hearing on Application for Liquor License for Fontenelle Oil Company, dba Holiday Station Store, #210. City Clerk Cindy K. Cartwright reported that Mr. LeRoy Pacula, 1310 West First Street, representing Fontenelle Oil Company, dba Holiday Station Store #210, Locust Street at Hedde Street, had submitted an application for a Class "K" Liquor License. Ms. Cartwright introduced the following exhibits for the record: Application submitted to the Nebraska Liquor License Commission and received by the City Clerk on March 23, 1995; Notice to the general public of date, time, and place of hearing published on March 28, 1995; Notice to the applicant of date, time, and place of hearing mailed on March 23, 1995; Chapter 4 of City Code; and Departmental reports as required by City Code. John Brownell representing I I I Page 3, City Council Regular Meeting, April 10, 1995 Fontenelle Oil Company spoke in support of the application. No further testimony was heard. Public Hearing on Application for Liquor License for Grand Island PH, Inc., dba Pizza Hut, 1608 South Locust Street. City Clerk Cindy K. Cartwright reported that Mr. Kenneth Staab, President, representing Grand Island PH, Inc., dba Pizza Hut, 1608 South Locust Street, had submitted an application for a Class "A" Liquor License. Ms. Cartwright introduced the following exhibits for the record: Application submitted to the Nebraska Liquor License Commission and received by the City Clerk on March 20, 1995; Notice to the general public of date, time, and place of hearing published on March 25, 1995; Notice to the applicant of date, time, and place of hearing mailed on March 20, 1995; Chapter 4 of City Code; and Departmental reports as required by City Code. No public testimony was heard. Public Hearing on Application for Liquor License for Grand Island PH, Inc., dba Pizza Hut. 1816 North Webb Road. City Clerk Cindy K. Cartwright reported that Mr. Kenneth Staab, President, representing Grand Island PH, Inc., dba Pizza Hut, 1816 North Webb Road, had submitted an application for a Class "A" Liquor License. Ms. Cartwright introduced the following exhibits for the record: Application submitted to the Nebraska Liquor License Commission and received by the City Clerk on March 20, 1995; Notice to the general public of date, time, and place of hearing published on March 25, 1995; Notice to the applicant of date, time, and place of hearing mailed on March 20, 1995; Chapter 4 of City Code; and Departmental reports as required by City Code. No public testimony was heard. Public Hearing on Application for Liquor License for Grand Island PH, Inc., dba Pizza Hut, 2004 North Broadwell Avenue. City Clerk Cindy K. Cartwright reported that Mr. Kenneth Staab, President, representing Grand Island PH, Inc., dba Pizza Hut, 2004 North Broadwell Avenue, had submitted an application for a Class "A" Liquor License. Ms. Cartwright introduced the following exhibits for the record: Application submitted to the Nebraska Liquor License Commission and received by the City Clerk on March 20, 1995; Notice to the general public of date, time, and place of hearing published on March 25, 1995; Notice to the applicant of date, time, and place of hearing mailed on March 20, 1995; Chapter 4 of City Code; and Departmental reports as required by City Code. No public testimony was heard. REQUESTS AND REFERRALS: Receipt of Official Documents. Motion by Preisendorf, second by Sorensen, carried unanimously to receive and place on file the Minutes of the Civil Service Commission Meeting of March 2, 1995 and the Minutes of the Grand Island Public Library Board Meeting of March 7, 1995. Request for Vacation of Street. Bud Buettner, Assistant Public Works Director, reported that Mr. Gary Carothers, 312 East Brookline Drive, had submitted a request for vacation of the street west of Bellwood Drive, between blocks 3 and 4, Roush Subdivision. Mr. Buettner noted that this right-of-way was dedicated as part of the subdivision plat in 1955, but had not been opened for traffic. Mr. Buettner added that at a future meeting, the City Council might be asked I I I Page 4, City Council Regular Meeting, April 10, 1995 to address the need for a buffer zone between traffic and the existing tennis courts in the event the street was used for vehicular traffic. Motion by Mehring, second by Kebm, carried unanimously to approve. Approving Liquor License for Fontenelle Oil Company, dba Holiday Station Store #114. Motion by Murray, second by Solt, carried unanimously to approve the application of Fontenelle Oil Company, dba Holiday Station Store #114, located at 1404 West Second Street for a Class "K" Liquor License. Approving Liquor License for Fontenelle Oil Company, dba Holiday Station Store #210. Motion by Murray, second by Solt, carried unanimously to approve the application of Fontenelle Oil Company, dba Holiday Station Store #210, located at South Locust Street and Hedde Street for a Class "K" Liquor License. Approving Liquor License for Grand Island PH, Inc., dba Pizza Hut. 1608 South Locust Street. Motion by Murray, second by Solt, carried unanimously to approve the application of Grand Island PH, Inc., dba Pizza Hut, located at 1608 South Locust Street, for a Class "A" Liquor License. Approving Liquor License for Grand Island PH, Inc.. dba Pizza Hut. 1816 North Webb Road. Motion by Murray, second by Solt, carried unanimously to approve the application of Grand Island PH, Inc., dba Pizza Hut, located at 1816 North Webb Road, for a Class "A" Liquor License. Approving Liquor License for Grand Island PH, Inc.. dba Pizza Hut, 2004 North Broadwell. Motion by Murray, second by Solt, carried unanimously to approve the application of Grand Island PH, Inc., dba Pizza Hut, located at 2004 North Broadwell, for a Class "A" Liquor License. Approving Liquor Manager Designation for Fontenelle Oil Company, dba Holiday Station Store #114. Motion by Murray, second by Solt, carried unanimously to approve the application of Mr. Mark Dahlsten, 236 North Boggs, for Liquor Manager Designation, in conjunction with the Class "K" Liquor License for Holiday Station Store #114, located at 1404 West Second Street. Approving Liquor Manager Designation for Fontenelle Oil Company, dba Holiday Station Store #210. Motion by Murray, second by Solt, carried unanimously to approve the application of Mr. LeRoy Pacula, 1310 West First Street, for a Liquor Store Manager designation, in conjunction with the Class "K" Liquor License for Holiday Station Store #210, located at South Locust Street and Hedde Street. Approving Liquor Manager Designation for Grand Island PH, Inc., dba Pizza Hut, 1608 South Locust Street. Motion by Murray, second by Solt, carried unanimously to approve the application of Mr. Neal Jacobs, 2409 Santa Fe Circle, for a Liquor Store Manager designation, in conjunction with the Class "A" Liquor License for Grand Island PH, Inc., dba Pizza Hut, I I I Page 5, City Council Regular Meeting, April 10, 1995 located at 1608 South Locust Street. Approving Liquor Manager Designation for Grand Island PH. Inc.. dba Pizza Hut. 1816 North Webb Road. Motion by Murray, second by Solt, carried unanimously to approve the application of Ms. Margaret Ann Harders, 1608 North Hancock Avenue, for a Liquor Store Manager designation, in conjunction with the Class "A" Liquor License for Grand Island PH, Inc., dba Pizza Hut, located at 1816 North Webb Road. Approving Liquor Manager Designation for Grand Island PH. Inc.. dba Pizza Hut. 2004 North Broadwell A venue. Motion by Murray, second by Solt, carried unanimously to approve the application of Mr. Greg Tatro, 1312 West Koenig Street, for a Liquor Store Manager designation, in conjunction with the Class "A" Liquor License for Grand Island PH, Inc., dba Pizza Hut, located at 2004 North Broadwell Avenue. Approving Request for Use of City Property for Operation of Food Stand at George Park. Motion by Sorensen, second by Preisendorf, carried unanimously to approve the request of Mrs. Cindy A vila for use of City property for operation of food stand at George Park, with the understanding that Mrs. Avila would be responsible for providing trash containers and clean up to support the operation. Approving: Appointments to Citizen Committee for Review of Budget Requests. Motion by Kehm, second by Johnson, carried unanimously to approve the appointments of Larry Klein, 2305 Gateway Avenue, Terry Steinkruger, 2419 Riverside Drive, Tracey Overstreet, 921 West Second Street, Forrest Pollard, 115 West 23rd Street, and Roberta Kucera, 2912 West 17th Street, representing Wards 1-5, and Dorothy Schwieger, 1319 North Sycamore Street and Terri Feldman, 1029 North Sheridan Avenue, to represent the community at large, to the Citizen Committee for Review of Budget Requests. Approving Appointments to Subdivision Improvement Advisory Committee. Motion by Kehm, second by Johnson, carried unanimously to approve the appointments of Councilmember Mehring, Councilmember Preisendorf, Dick Bass, Jim Reed, Steve Beltzer, John VanSkiver, John Wagoner, Barry Sandstrom, Jim Olson, Ron Rockwell, and Andy Baird to the Subdivision Improvement Advisory Committee, as recommended by the Regional Planning Commission and endorsed by the City Council. It was noted that staff support would be provided by Ron Underwood, Bob Smith, Jeri Garroutte, and Nelson Helm, and that the purpose of the committee was to determine if further action could be taken by the City to encourage additional new subdivision developments. Approving Referral to Regional Planning Commission of Rezoning: Reversion for Property Located on the South Side of 13th Street. 1/4 Mile West of U.S. Highway 281. Nelson Helm, Regional Planning Director, reported that reversion of rezoning of the property located on the south side of 13th Street, approximately 1/4 mile west of U.S. Highway 281, from an "RD" (Residential Development) Zone to a "TA" (Transitional Agriculture) Zone was required inasmuch as the property was rezoned from a "TA" to an "RD" by Ordinance #7962 on I I I Page 6, City Council Regular Meeting, April 10, 1995 September 13, 1993, but that no action had been taken to complete the project within the 18 months after City Council approval as required in the City Code. Motion by Kehm, second by Preisendorf, carried unanimously to refer the Rezoning Reversion to the Regional Planning Commission. RESOLUTIONS: #95-085 - Awarding Bid for Water Main Proiect 95-W-3. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for Water Main Project 95-W-3, to serve Swift Road, from Stuhr Road to Wastewater Treatment Plant, and that three bids had been received ranging from $122,848.71 to $264,750. Ms. Griffiths noted that the low bid had been submitted by Diamond Engineering Company of Grand Island, in the amount of $122,848.71. Motion by Kehm, second by Preisendorf, carried unanimously to award the low bid to Diamond Engineering in the amount of $122,848.71. #95-086 - Awarding Bid for Flatbed Truck with Chassis and Winch. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for a flatbed truck with chassis and winch to serve the Utility Department, Electric Line Division, and that two bids had been received, in the amounts of $59,400.50 and $64,960, after trade. Ms. Griffiths noted that the low bid submitted by Hansen International did not meet specifications relative to engine horsepower, and that after evaluation, the next low bid, submitted by Nebraska Peterbilt, with a minor exception relative to voltage of the engine block heater and bulkhead height, was determined to be satisfactory. Additionally, Ms. Griffiths explained that because the bid offered by Nebraska Peterbilt included a lower trade in price, the best offer for the existing vehicle was submitted by Nolan Construction of Grand Island in the amount of $1,250. Motion by Kehm, second by Preisendorf, carried unanimously to award the low bid to Nebraska Peterbilt in the amount of $64,960, and to sell the existing vehicle to the high bidder, Nolan's Construction of Grand Island, in the amount of $1,250. #95-087 - Awarding Bid for Polemount Transformers. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of one type of polemount transformer to serve the Utility Department, Electric Line Division, and that six bids were received. Ms. Griffiths noted that after evaluation, the lowest bid meeting specifications was submitted by Kriz Davis of Grand Island in the actual bid amount of $19,074, plus tax. Motion by Kehm' second by Preisendorf, carried unanimously to award the low bid to Kriz Davis. #95-088 - Approving Final Plat for Jeffrey Oaks Third Subdivision. Nelson Helm, Regional Planning Director, reported that Jeffrey Oaks, Inc., owner, had submitted the final plat for Jeffrey Oaks Third Subdivision, a 12.197 acre tract of land located on the west side of North Road, approximately 1/4 mile south of Capital Avenue, and that this subdivision would provide sites for 43 new dwelling units. Motion by Kehm, second by Preisendorf, carried unanimously to approve. I I I Page 7, City Council Regular Meeting, April 10, 1995 #95-089 - Approving Final Plat and Subdivision Agreement for Paradise Lake Estates Subdivision. Nelson Helm, Regional Planning Director, reported that Mr. and Mrs. Randy Dye, Mr. and Mrs. Michael Nolan, and Mr. and Mrs. Jeffrey Richardson, owners, had submitted the final plat for Paradise Lake Subdivision, a 32.846 acre tract of land located on the west side of Gunbarrel Road, immediately north of the Burlington Northern Railroad. Motion by Kehm, second by Preisendorf, carried unanimously to approve. #95-090 - Approving Final Plat and Subdivision Agreement for Westgate Fifth Subdivision. Nelson Helm, Regional Planning Director, reported that Little B's Corporation, owner, had submitted the final plat for Westgate Fifth Subdivision, a 5.794 acre tract of land located on the south side of Old Potash Highway, immediately west of Claude Road. Motion by Kehm, second by Preisendorf, carried unanimously to approve. #95-091 - Authorizing Renewal of Agricultural Leases. Gary Mader, Utilities Director, reported that Utilities Department properties not required for actual facilities were leased for farming purposes to eliminate maintenance and provide additional revenue, and that approximately 1,800 acres, located at Burdick Station, Platte Generating Station, Platte Valley Industrial Park, and Well Field were leased for agricultural use. Mr. Mader noted that all leases were for a one-year term. The lease conditions are the same as in previous years, with the exception of the allowance for planting one acre of genetically-engineered corn in the alfalfa field at the Platte Valley Industrial Site. The Utilities Department recommended that the leases with Larry Knuth, Roger Krolikowski, Kenneth Clausen, Shorty McDonald, and Jack Webb be approved. Motion by Kehm, second by Preisendorf, carried unanimously to approve. #95-092 - Approving Agreement with Boys Town Relative to City Entrance Signage Site. City Clerk Cindy Cartwright reported that at the March 28, 1994, City Council Meeting, approval was given for the placement of City Entrance Signage at the Platte Valley Industrial Park as the first priority location, and that the City Entrance Signage Committee and City staff had determined that the most visible site in that area would be located on the northwest corner of the Boys Town property. Ms. Cartwright added that Father Val Peter, Executive Director of Boys Town, had agreed to allow the City Entrance Signage on the site, and that a License Agreement providing for this use had been prepared. Motion by Kehm, second by Preisendorf, carried unanimously to approve. #95-093 - Authorizing Negotiation for Super Cell Development Site and Approving Inter-Local Agreement with Hall County and Central Platte Natural Resources Development Relative to Funding. Steve Paustian, Parks and Recreation Director, reported that on November 14, 1994, the City Council adopted Resolution #94-291, which set forth the City's interest in acquiring the 53 acre site of land, known as the Super Cell, located at the intersection of Broadwell Avenue and Capital Avenue for development of a public park. Mr. Paustian added that inasmuch as the Central Platte Natural Resource District had pledged $68,000, the City had pledged $48,000, and Hall County had pledged $38,400 for the development of the park, Council authorization to commence negotiations with the State of Nebraska to acquire the land for development as a public park was necessary. Additionally, it was recommended that the City Attorney be directed to prepare an Interlocal Agreement with the Central Platte Natural Resource District and Hall I I I Page 8, City Council Regular Meeting, April 10, 1995 County for funding and development of the park upon receipt of the property from the State of Nebraska. Motion by Kehm, second by Preisendorf, carried unanimously to approve. ORDINANCES: #8077 - Approving Vacation of Easements. Stewart Place Second Subdivision. Bud Buettner, Assistant Public Works Director, reported that Mr. Sam Grimminger, 518 South Clay Street, had requested the vacation of a 16' wide easement on Lot 2 and Lot 3 in Stewart Place Second Subdivision in order to construct a duplex and triplex. #8078 - Approving Vacation of Easement. 3625 Old Potash Highway. Gary Mader, Utilities Director, reported that Mr. Donald David, Chief Engineer at Hornady Manufacturing Company, 3625 Old Potash Highway, had requested the vacation of an electrical easement across their property. #8079 - Approving Change of Land Use Designation for Property Located East of the Intersection of Cherry Street and Memorial Drive. Councilmember Solt thanked the residents who had presented testimony on the request. Councilmember Johnson noted that the developer had been responsive to the concerns of the citizens and asked that space be dedicated for play area. Nelson Helm, Regional Planning Director, noted that the current zoning allowed 60% coverage of buildings and that the requested rezoning allowed a maximum of 30 % coverage of buildings. #8080 - Approving Change of Land Use Designation for Property Located at 552 East 19th Street. Councilmember Sorensen moved to remove this ordinance from Council consideration. Second by Murray. Motion was adopted unanimously. #8081 - Amending Chapter 22 of City Code Relative to Restricted Parking of Recreational Vehicles on Public Streets. City Attorney Keith Sinor reported that this Ordinance provided for modification to Chapter 22, Section 124, 125, and 126 of City Code relative to regulations establishing the parking of recreational vehicles and the storing of such vehicles on private property, and added that adoption of the Ordinance would clarify that recreational vehicles were subject to the same 24 hour parking restriction on public street as all other vehicles. Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that the ordinances numbered: #8077 #8078 #8079 Approving Vacation of Easements, Stew arts Place Second Subdivision Approving Vacation of Easement, 3625 Old Potash Highway Approving Change of Land Use Designation for Property Located East of the Intersection of Cherry Street and Memorial Drive Approving Change of Land Use Designation for Property Located at 552 East 19th Street #8080 I I I Page 9, City Council Regular Meeting, April 10, 1995 #8081 Amending Chapter 22 of City Code Relative to Restricted Parking of Recreational Vehicles on Public Streets be considered for passage on the same day upon reading by number only, and then placed on 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 reading and final passage. Councilmember Murray seconded the motion. After inviting questions or comments and there being none, Mayor Gnadt called for a roll call vote on the motion. All voted aye. Motion adopted. Clerk: Ordinance #8079 on its first reading. All those in favor of passage of said ordinance on first reading, answer roll call. Upon roll call, Lueth, Johnson, Preisendorf, Mehring, Hosier, and Sorensen voted aye. Kehm, Solt and Murray voted nay. Motion adopted. Clerk: Ordinance #8079 on final passage. All those in favor of passage of said ordinance on final passage, answer roll call. Upon roll call vote, Lueth, Johnson, Preisendorf, Mehring, Hosier, and Sorensen voted aye. Kehm, Solt, and Murray voted nay. Motion adopted. Clerk: Ordinances #8077, #8078, #8081 on their first reading. All those in favor of passage of said ordinances on first reading, answer roll call. Upon roll call, all voted aye. Clerk: Ordinances #8077, #8078 and #8081 on their final passage. All those in favor of passage of said ordinances on final passage, answer roll call. Upon roll call, all voted aye. Motion adopted. Mayor: By reason of the roll call votes on the first reading and final passage of said ordinances, Ordinances #8077, #8078, #8079 and #8081 are declared to be lawfully passed and adopted upon publication as required by law. City Attorney Keith Sinor noted that with the submittal of a protest against the Change of Land Use designation for property located east of the intersection of Cherry Street and Memorial Drive, a super majority vote of the Council might be required. PUBLIC DISCUSSION OF NON AGENDA ITEMS: Lewis Kent, 624 East Meves, spoke on the request for rezoning. PAYMENT OF CLAIMS: Claims in the amount of $1,601,499.03, as presented by the City Clerk were approved upon motion by Murray, and second by Preisendorf. Upon roll call vote, Preisendorf, Lueth, Mehring, Johnson, Hosier, Solt, Sorensen, and Murray voted aye. Kehm was absent at the time the vote was taken. Councilmember Mehring abstained from voting on Claim #029266, and #9194. I I I Page 10, City Council Regular Meeting, AprillO, 1995 ADJOURNMENT: The meeting was adjourned at 9:32 p.m. Respectfully submitted, ~)Jld~j k Ct'1h1/IJf,,1--- Cindy K. Cartwright~ City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING April 24, 1995 Pursuant to due call and notice thereof, a Regular Meeting of the City of Grand Island was conducted on April 24, 1995, at City Hall, 100 East First Street. Notice of the meeting was given in the Grand Island Independent on April 19, 1995. A quorum present, Mayor Gnadt called the meeting to order at 7: 00 p. m. The following members were present: Mayor Gnadt, Councilmembers Lueth, Solt, Hosier, Preisendorf, Kehm, Mehring, Seifert, Murray and Sorensen were present. Councilmember Johnson arrived at 7:30 p.m. The following City Officials were present: Interim City Administrator Wayne Bennett, City Clerk Cindy Cartwright, and City Attorney Keith Sinor. PLEDGE OF ALLEGIANCE was said, followed by INVOCATION given by Councilmember Solt. APPROVAL OF MINUTES: Motion by Sorensen, second by Solt, carried unanimously to approve the minutes of the April 10, 1995 Regular City Council Meeting. Johnson was absent at the time the vote was taken. PRESENTATIONS AND PROCLAMATIONS: Mayor Gnadt and Councilmember Seifert presented an Outstanding Citizen Award to Cece Meyer for her involvement in the Junior City Council, the Fishing Derby, and for her overall contributions to the City of Grand Island. City Clerk Cindy Cartwright reported that April 25, 1995 had been proclaimed National Day of Service; April 28, 1995 had been proclaimed Arbor Day; and April 23-29, 1995 had been proclaimed National V olunteer Week. ADJOURN TO BOARD OF EOUALIZATION: Motion by Murray, second by Preisendorf, carried unanimously to adjourn to the Board of Equalization. #95-BE-002 - Determining Benefits for Street Improvement District #1183. Dodge Street from Pleasantview Drive to 1/2 Block West of Pleasantview Drive. Bud Buettner, Assistant Public Works 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 Street Improvement District #1183, Dodge Street, from Pleasantview Drive to 1/2 block west of Pleasant view Drive. Mr. Buettner noted that the District was established on October 26, 1992, in order to provide for the construction of paving improvements, and that construction was completed in 1994. Motion by Seifert, second by Lueth, carried unanimously to approve. Johnson was absent at the time the vote was taken. I I I Page 2, City Council Regular Meeting, April 24, 1995 #95-BE-003 - Determining Benefits for Street Improvement District #1185. 20th Street from Illinois Street to west of Saint Paul Road. Bud Buettner, Assistant Public Works 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 Street Improvement District #1185, Illinois Avenue to 400' west of Saint Paul Road. Mr. Buettner reported that the District was created on April 12, 1993, in order to provide for the construction of paving improvements and that construction was completed in 1994. Motion by Seifert, second by Lueth, carried unanimously to approve. Johnson was absent at the time the vote was taken. #95-BE-004 - Determining Benefits for Street Improvement District #1187. Henry Street from Stolley Park Road to North Line of Dawn Addition. Bud Buettner, Assistant Public Works 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 Street Improvement District #1187, Henry Street, from Stolley Park Road north 1,200 feet. Mr. Buettner reported that the District was created on June 14, 1993, in order to provide for the construction of paving improvements and construction was completed in 1994. Motion by Seifert, second by Lueth, carried unanimously to approve. Johnson was absent at the time the vote was taken. #95-BE-005 - Determining Benefits for Street Improvement District #1165G. Blake Street from Darr Avenue to West Lincoln Highway. Bud Buettner, Assistant Public Works 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 Street Improvement District #1165G, Blake Street, from Darr Street to Old Lincoln Highway. Mr. Buettner noted that the District was created on July 5, 1988, in order to provide for the construction of paving improvements and that construction was completed in 1994. Motion by Seifert, second by Lueth, carried unanimously to approve. Johnson was absent at the time the vote was taken. #95-BE-006 - Determining Benefits for 1994 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 Seifert, second by Lueth, carried unanimously to approve. Johnson was absent at the time the vote was taken. Return to Regular Session. Motion by Preisendorf, second by Murray, carried unanimously to return to Regular Session. Johnson was absent at the time the vote was taken. PUBLIC HEARINGS: Public Hearing on Development of Proposed 1995-1996 Annual Budget. Chuck Haase, Finance Director, reported that State law required a Public Hearing on the proposed Annual Budget to solicit public comment on the proposed 1995-1996 Annual Budget. Gene McCormick, 707 South Pleasantview, Glendale Reiss, 910 North Boggs, and MD Bahensky, 4251 Branding Iron Court, spoke on the proposed budget. I I I Page 3, City Council Regular Meeting, April 24, 1995 Councilmember Johnson arrived at 7:30 p.m. Public Hearing on Request of Library Restaurant and Lounge, 2530 Saint Patrick Avenue, for Class "C" Liquor License. Cindy Cartwright, City Clerk, reported that Mr. Curtis Cellar, on behalf of the Library Restaurant and Lounge, 2530 Saint Patrick Avenue, had submitted an application for a Class "C" Liquor License. Ms. Cartwright introduced the following exhibits for the record: Application submitted to the Nebraska Liquor License Commission and received by the City Clerk on April 11, 1995; Notice to the general public of date, time, and place of hearing published on April 14, 1995; Notice to the applicant of date, time, and place of hearing mailed on April 12, 1995; Chapter 4 of City Code; and Departmental reports as required by City Code. Rochelle Cellar, Hastings, and Sharon Smith, Route 3, spoke in support of the application. No other public testimony was heard. REQUESTS AND REFERRALS: Receipt of Official Documents/Bonds. Motion by Seifert, second by Preisendorf, carried unanimously to receive and place on file applications and Official Bonds in the amount of $5,000, filed with the City Clerk's Office and reviewed by the City Attorney for Stewart's Loan and Pawn Shop, Wayne's Pawn Shop, Grand Island Loan and Pawn, South Locust Pawn Shop and The Third Street Emporium, the Official Bond in the amount of $1,000 for Councilmember Lueth, the minutes of the Regional Planning Commission Meeting of April 5, 1995, and the minutes of the Citizen Committee for Review of Budget Requests Meeting of April 11, 1995. Approving Request of Michial and Linda Nielsen, 615 East Memorial Drive, for License Agreement for Placement of Concrete and Building on Right of Wav. Craig Lewis, Building Inspections Director, reported that Mr. and Mrs. Michial D. Nielsen, 615 East Memorial Drive, had submitted an application for a License Agreement to allow for the placement of a concrete drive, fence, and utility building. Mr. Lewis noted that City policy prohibited the use of the public right-of-way except with the approval of the City Council and the execution of a License Agreement, and stated that the Public Works and Utilities Departments had traditionally opposed private encroachment onto public right-of-way, especially when the conflict was a significant one. Mr. Lewis noted that in this case, concerns relative to pedestrian safety, zoning violations, and location of the fence and building above the water main had been raised. Mr. Lewis explained that the owners had agreed to move the building so the License Agreement would be to allow the continued placement of the fence. Motion by Preisendorf, second by Kehm to deny the request. Denise Myers, attorney, spoke on behalf of the application. Greg Roberts, 2410 North Locust, spoke in support of the application. Gene McCormick, 707 South Pleasantview, spoke on the issue. Roll call vote was taken on the motion to deny the request. Upon roll call vote, Preisendorf and Kehm voted aye. Johnson, Lueth, Solt, Hosier, Seifert, Mehring, Sorensen, and Murray voted aye. Motion failed. Motion by Sorensen, second by Mehring to approve the request, contingent upon relocation of the building. Upon roll call vote, all voted aye. I I I Page 4, City Council Regular Meeting, April 24, 1995 Approving Request of Harvest of Harmony Committee for Use of Public Streets for Harvest of Harmony Parade. October 7. 1995. Motion by Sorensen, second by Preisendorf, carried unanimously to approve the request of Chairman Eunice Alexander, representing the Harvest of Harmony Committee of the Grand Island Area Chamber of Commerce, for a Parade Permit for Saturday, October 7, 1995 from 8:00 a.m., to approximately 11:30 a.m. Approving Request of Michael Missineo for Liquor Manager Designation for Valentino's Inc.. 2245 North Webb Road. Motion by Sorensen, second by Murray to approve the request of Mr. Michael S. Missineo, 6116 South 156th Avenue, Omaha, for a Liquor Manager Designation associated with Valentino's, Inc., 2245 North Webb Road. Upon roll call vote, Lueth, Hosier, Preisendorf, Mehring, Seifert, Murray, Kehm, and Sorensen voted aye. Solt and Johnson voted nay. Motion carried. Approving Request of Central Nebraska Ethnic Festival for Special Designated Liquor Permit for July 21-23. 1995. Discussion was held on the request of the Central Nebraska Ethnic Festival to utilize certain streets for the fifth annual Central Nebraska Ethnic Festival to be held July 21-23, 1995. Dianne Haney, Committee, requested that the following streets be closed: Third Street from North Walnut Street through the intersection of North Locust; to approximately 100 feet east of that intersection; North Wheeler from the intersection of West Third Street south to the alley, and that a request had been submitted for a Special Designated Permit to provide for the sale of beer in a specified confined area in the 200 block of North Wheeler Street on Friday, July 21, 1995 from 8:00 p.m. to 12:00 a.m., Saturday, July 22, 1995, from 11:00 a.m. to 12:00 a.m., and Sunday, July 23, 1995, from 12:00 p.m. to 5:00 p.m. Ms. Haney noted that the Police Department would provide both foot and motorized security units during this event. Councilmember Solt spoke in opposition to the request, and suggested that a more suitable location be found for the beer garden. Mark Myers, 820 South Harrison, spoke in support of the request. Councilmember Johnson spoke in opposition to alcohol served at the event. Motion by Sorensen, second by Murray to approve the request. Upon roll call vote, Lueth, Hosier, Preisendorf, Mehring, Seifert, Murray, Kehm, and Sorensen voted aye. Solt and Johnson voted nay. Motion carried. Approving Request of RN Concessions for Special Designated Liquor Permit for April 28. 1995. Motion by Sorensen, second by Murray to approve the request of Ms. Jean Mohnike, manager of R N Concessions, 700 East Stolley Park Road, for a Special Designated Liquor Permit for Friday, April 28, 1995, from 5:30 p.m. to 8:00 p.m., in conjunction with a private event held by Wayne State College at Stuhr Museum, 3133 Highway 34. Upon roll call vote, Lueth, Hosier, Preisendorf, Mehring, Seifert, Murray, Kehm, and Sorensen voted aye. Solt and Johnson voted nay. Motion carried. Approving Request of Library Restaurant and Lounge. 2530 Saint Patrick Avenue. for Class "C" Liquor License. Motion by Sorensen, second by Murray to approve the request of Library Restaurant and Lounge for a Class "C" Liquor License contingent upon final inspections by City departments. Upon roll call vote, Lueth, Hosier, Preisendorf, Mehring, Seifert, Murray, Kehm, and Sorensen voted aye. Johnson and Solt voted nay. Motion carried. I Page 5, City Council Regular Meeting, April 24, 1995 Approving Request of Curtis Cellar for Liquor Manager for Library Restaurant and Lounge. 2530 Saint Patrick Avenue. Motion by Sorensen, second by Murray to approve the request of Curtis Cellar, 1719 West 7th Street, Hastings, for Liquor Manager Designation for Library Restaurant and Lounge, 2530 Saint Patrick Avenue. Upon roll call vote, Lueth, Hosier, Preisendorf, Mehring, Seifert, Murray, Kehm, and Sorensen voted aye. Johnson and Solt voted nay. Motion carried. I I Approving Request of Ruzicka Carburetor and Tune Up. 1414 West Stolley Park Road. for Use of City Property. Bud Buettner, Assistant Public Works Director, reported that Mr. Don Ruzicka, owner of Ruzicka Carburetor and Electric located at 1414 West Stolley Park Road, had submitted a request for the use of City property west of his business for use during the 1995 Late Great Car Show and Picnic being held Saturday, July 15, 1995, from 1:30 p.m. to 6:00 p.m. Motion by Sorensen, second by Preisendorf, carried unanimously to approve. RESOLUTIONS: #95-094 - Approving Agreement with TCI Relative to Extension of Review. Keith Sinor, City Attorney, reported that in February, 1992, the City entered into a ten year Franchise Agreement with TCI Cablevision which provided for a performance review to be conducted prior to August 31, 1995 to determine if the Franchise Agreement would be automatically extended for an additional five years. Mr. Sinor noted that the performance review was limited to TCl's financial character, legal, and technical ability to continue providing cable service to subscribers, and that Resolution #95-094 provided for an agreement between the City of Grand Island and TCI for postponement of TCl's performance review for a period of two years or until February, 1997. Motion by Seifert, second by Johnson to approve. Upon roll call vote, Lueth, Hosier, Johnson, Solt, Preisendorf, Murray, Kehm, Seifert, and Mehring voted aye. Sorensen voted nay. Motion adopted. #95-095 - Amending Contract Relative to Retirement for Firefighters. Chuck Haase, Finance Director, reported that in 1994, the Nebraska Legislature adopted measures which required that Firefighter Pension contracts provide for the single lump sum payment option upon retirement or termination on or before January 1, 1997 and that Resolution #95-95 provided for amendments to the contract to permit one lump sum distribution and would bring the Firefighter Pension Plan into alignment with the City's general pension plan. Motion by Sorensen, second by Solt, carried unanimously to approve. #95-096 - Awarding Bid for IBM Support Services Contract. Beth Griffiths, Purchasing Agent, reported that the Data Processing Department was in the process of converting from IBM System 36 software to a new IBM AS/400, and that it was necessary to train data processing personnel for this conversion. Motion by Seifert, second by Sorensen, carried unanimously to approve. I Page 6, City Council Regular Meeting, April 24, 1995 #95-097 - Awarding Bid for Bucket Truck. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of one 45' Articulating Bucket Truck complete with Chassis to serve the Utility Department, Electric Line Division and that this purchase was not available through State bid. Ms. Griffiths noted that three bids had been received ranging from $77,973.60, less trade-in to $96,163.20, less trade-in, and that the low bid had been submitted by TECO, Inc., of Fort Wayne, Indiana, for a total bid price of $69,823.60 after trade-in, but including tax. Motion by Seifert, second by Sorensen, carried unanimously to award the low bid to TECD, Inc. I I #95-098 - Awarding Bid for Sanitary Sewer Proiect 95-S-1. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for Sanitary Sewer Project 95-S-1, to serve the area that begins at Lift Station 19 at Capital Avenue and Highway 281, and proceeds 1000' west to the Army Outfall Ditch where it turns one mile south to 13th Street. Ms. Griffiths noted that five bids had been received, ranging from $1,030,645 to $1,446,816.40, and that the low responsive bid had been submitted by Judds Brothers of Lincoln, Nebraska, in the amount of $1,030,645. Motion by Seifert, second by Sorensen, carried unanimously to award the low bid to Judds Brothers. #95-099 - Awarding Bid for Physical Fitness Testing for Firefighters. Beth Griffiths, Purchasing Agent, reported that the Fire Department had received proposals for physical fitness testing to serve the Fire Department and stated that two proposals had been received outlining unit costs for 14 types of tests. Ms. Griffiths noted that evaluations had been completed by the Fire Department based upon advertised evaluation criteria and that the proposal submitted by Sally K. Husen, Master of Arts in Education, of Family Practice in Grand Island, was selected as the most responsive proposal in a total amount of $14,626. Councilmember Mehring questioned the need for the training. Consensus of the Council was to further discuss the firefighter training at a Study Session. #95-100 - A warding Bid for Engineering Contract for PGS Railroad Spur Construction. Gary Mader, Utilities Director, reported that Platte Generating Station was served only by the Union Pacific Railroad, and the current rail contract expired in 1997. Mr. Mader added that in 1987, the City Council authorized the hiring of an Engineering Consultant to design a railroad spur connection from Platte Generating Station to the Burlington Northern Railroad, and that at that time, the City secured market based pricing without construction of the connecting track. The Utilities Department reported that proposals had been received for the route evaluation, design, and construction of a railroad spur track connection to the Burlington Northern Railroad, and that award of the Railroad Spur Track Engineering Services Contract to HWS Consulting Group, Inc., of Omaha, Nebraska, in the amount of $541,000 was recommended. Motion by Seifert, second by Sorensen, carried unanimously to approve. #95-101 - Approving Sale of Landfill Building. Beth Griffiths, Purchasing Agent, reported that the Solid Waste Disposal Division had received bids relative to the sale of a Chief metal I I I Page 7, City Council Regular Meeting, April 24, 1995 maintenance building located at the old landfill, and that seven bids had been received, ranging from $700 to $3,513. Motion by Seifert, second by Sorensen, carried unanimously to award the high bid to Todd McCord of Wood River, Nebraska. #95-102 - Approving Change Order to Contract for Webb Road Widening Proiect. Bud Buettner, Assistant Public Works Director, reported that the State Department of Roads had developed Change Order #1 for the Webb Road Widening Project which provided for the item of work, "(2018.00) crushed concrete for temporary surfacing" and to establish a basis of payment. Mr. Buetter noted that the price was $13.65 per ton for 200 tons, totaling $2,730. Motion by Kehm, second by Preisendorf, carried unanimously to approve. #95-103 - Approving Hold Harmless Agreement with Grand Island Senior High School Relative to Grand Island Youth Hershey Track Meet. Motion by Sorensen, second by Seifert, carried unanimously to approve a "Hold Harmless" Agreement with Grand Island Senior High School for use of the facility. ORDINANCES: Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that the ordinances numbered: #8082 - Creating Street Improvement District 31197, Chanticleer Street, Wyandotte Street to Holcomb Street #8083 - Approving Vacation of Street, west of Bellwood Drive Between Blocks 3 and 4 Roush Subdivision #8084 - Approving Assessments for 1994 Weed Abatement Program #8085 - Approving Assessments for Street Improvement District #1183, Dodge Street from Pleasantview Drive to 1/2 block west of Pleasantview Drive #8086 - Approving Assessments for Street Improvement District #1185, 20th Street from Illinois Street to west of Saint Paul Road #8087 - Approving Assessments for Street Improvement District #1187, Henry Street from Stolley Park Road to North Line of Dawn Addition #8088 - Approving Assessments for Street Improvement District #1165G, Blake Street from Darr Avenue to West Lincoln Highway I Page 8, City Council Regular Meeting, April 24, 1995 #8089 - Approving Conveyance of Community Development Property at 310 East First Street #8090 - Approving Conveyance of Community Development Property at 1411 East 7th Street #8091 - Approving Conveyance of Community Development Property at 509 East 6th Street #8092 - Approving Dissolution of Cable Television Advisory Board be considered for passage on the same day upon reading by number only, and then placed on 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 reading and final passage. Councilmember Murray seconded the motion. After inviting questions or comments and there being none, Mayor Gnadt called for a roll a call vote on the motion. Upon roll call vote, all voted aye. Motion adopted. I Clerk: Ordinances #8082, #8083, #8084, #8085, #8086, #8087, #8088, #8089, #8090, #8091, and #8092, on their first reading. All those in favor of passage of said ordinances on their first reading, answer roll call. Upon roll call vote, all voted aye. Motion adopted. Clerk: Ordinances #8082, #8083, #8084, #8085, #8086, #8087, #8088, #8089, #8090, #8091, and #8092, on their final passage. All those in favor of passage of said ordinances on final passage, answer roll call vote. Upon roll call vote, Lueth, Hosier, Johnson, Solt, Preisendorf, Kehm, Mehring, Seifert, and Murray voted aye. Sorensen voted nay. Motion adopted. Mayor: By reason of the roll call votes on the first reading and final passage of said ordinances, Ordinances #8082, #8083, #8084, #8085, #8086, #8087, #8088, #8089, #8090, #8091, and #8092, are declared to be lawfully passed and adopted upon publication as required by law. PUBLIC DISCUSSION OF NON AGENDA ITEMS: Glendale Reiss, 910 North Boggs, spoke against the budget. Jana and Wade West, 916 Norht Sycamore Street, spoke on parking on public property. PAYMENT OF CLAIMS: Motion by Kehm, second by Murray, carried unanimously to approve the claims in the amount of $1,784,256.85 as presented by the City Clerk. Councilmember Preisendorf abstained from voting on Claim #029755. I ADJOURNMENT: The meeting was adjonrned at 8:40 p.m. I Page 9, City Council Regular Meeting, April 24, 1995 I I Respectfully submitted, " ,; I ,,' ('I, j;' i) /) II }/-~ i({Li K ,,' t()~ ' 1/1/' ) Vv Cindy K. clrtwright City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL SPECIAL STUDY SESSION April 26, 1995 Pursuant to due call and notice thereof, a Special Study Session of the City of Grand Island was conducted on April 26, 1995, at City Hall, 100 East First Street. Notice of the meeting was given in the Grand Island Independent on April 22, 1995. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Lueth, Hosier, Johnson, Kehm, Mehring, Preisendorf, and Murray. Solt, Sorensen, and Seifert were absent. The following City Officials were present: Interim City Administrator Wayne Bennett, City Clerk Cindy Cartwright, and City Attorney Keith Sinor. Community Redevelopment Authority. Mayor Gnadt welcomed the guest presenters and noted that area communities had great success with their Community Redevelopment Authority programs. The Mayor thanked the presenters for their participation in this informational forum. A brief videotape highlighting Community Redevelopment Authority projects was shown. Community Redevelopment Authority Organization. Kevin Siebert, attorney, presented information on the organizational structure for Community Redevelopment Authorities. CRA Benefits. Dwight Splitt, member of the Hastings Community Redevelopment Authority, spoke on the benefits that the Hastings community has realized as a result of the CRA. Mr. Splitt encouraged the Grand Island CRA members to move forward. Blight Determination and Redevelopment Plans. Tim Keelan, Hanna: Keelan, spoke on the process for obtaining blight determinations and on developing redevelopment plans. Economic Development Success. Mike Bacon, Gothenburg City Attorney, spoke on the economic development success that was possible with a Community Redevelopment Authority. A general question and answer session followed each presentation. Respectfully submitted, ~{\dlJ ~<(~tl 't Ii VI ,')lJ Cindy K. l'cartwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL STUDY SESSION May 1, 1995 Pursuant to due call and notice thereof, a Study Session of the City of Grand Island was conducted on May 1, 1995, at City Hall, 100 East First Street. Notice of the meeting was given in the Grand Island Independent on April 26, 1995. A quorum present, Mayor Gnadt called the meeting to order at 7:05 p.m. The following members were present: Mayor Gnadt, Councilmembers Lueth, Solt, Hosier, Johnson, Preisendorf, Kehm, Mehring, Seifert, Murray and Sorensen. The following City Officials were present: Interim City Administrator Wayne Bennett, City Clerk Cindy Cartwright, and City Attorney Keith Sinor. Discussion on Physical Fitness Testing for Firefighters. Fire Chief Jim Rowell presented information on the physical fitness testing for all members of the fire department. Mr. Rowell noted that the testing was intended to evaluate each members' physical condition and provide assistance with diet, exercise, and lifestyle based on the individual results of the testing, and that the testing benefitted the City by reducing sick leave and injury and improving performance and productivity. Councilmember Seifert questioned how the decision was made relative to who got testing. Councilmember Mehring questioned whether the testing could be conducted by existing staff. Councilmember Lueth suggested that the Fire Department and Police Department trainings might be consolidated for a cost savings. This item was referred to the next Council meeting for action. Discussion on Oak Ridge Estates Mobile Home Park. Craig Lewis, Building Inspections Director, reported that Mr. Bob Connelly of Oak Ridge Estates had submitted a request to install three additional mobile home spaces at Oak Ridge Estates Mobile Home Court, 5020 West Highway #30. Mr. Lewis noted that City Council consideration of the additional spaces was desired. Councilmember Solt questioned whether Mr. Connelly had fulfilled his obligations relative to clean up of the property. Councilmember Johnson requested that the Health Department determine if adequate sanitation service was being provided. Jerry Poels, 5020 West Highway 30, spoke in opposition to the expansion. Update on Island Oasis Water Park Expansion and Schedule. Steve Paustian, Parks and Recreation Director, reported that the design engineer for the water park expansion project had recommended that the two slides proposed for addition be self contained with their own run out. Mr. Paustian noted that this would allow for the west half of the pool to be used for other purposes. Mr. Paustian also reported on the engineer's suggestion that the observation tower be placed on an earth berm which would extend into the grassy sun bathing area. Mr. Paustian I I I Page 2, City Council Study Session, May 1, 1995 reviewed the proposed time table for construction of the water park expansion. Councilmember Johnson requested that the cost of the improvements be disseminated as he believed there was some misunderstanding as to the project costs. Councilmember Mehring questioned the need for the water slides. Condemnation of Fire Station #4 Site. City Attorney Keith Sinor provided an update on the fire station #4 site condemnation proceedings. Mr. Sinor noted that the owners of the property had requested additional time to close the estate that the property was held in. Budget Review. Finance Director Chuck Haase provided information on the revenue projections for Fiscal Year 1994-1995 and Fiscal Year 1995-1996. Glendale Reiss, 910 North Boggs, spoke on the budget. Councilmember Sorensen questioned why the revenues were down. Michael Hooper, reported for the Grand Island Independent, asked for clarification on the shortfall. John Wagoner, 1711 South Harrison, spoke on firefighter testing liability. Adjournment. The meeting was adjourned at 8:34 p.m. Respectfully submitted, CMl\Clu f\ C 6kl1:0t SV- t Cindy K. ~artwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING May 8, 1995 Pursuant to due call and notice thereof, a Regular Meeting of the City of Grand Island was conducted on May 8, 1995, at City Hall, 100 East First Street. Notice of the meeting was given in the Grand Island Independent on May 3, 1995. A quorum present, Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Lueth, Johnson, Solt, Hosier, Preisendorf, Kehm, Mehring, Seifert, Murray and Sorensen. The following City Officials were present: Interim City Administrator Wayne Bennett, City Clerk Cindy Cartwright, and City Attorney Keith Sinor. PLEDGE OF ALLEGIANCE was said, followed by INVOCATION given by Councilmember Lueth. APPROVAL OF MINUTES: Motion by Solt, second by Johnson, carried unanimously to approve the minutes of the April 24, 1995 Regular City Council Meeting, the minutes of the Special Study Session of April 26, 1995, and the minutes of the May 1, 1995 City Council Study Session. PROCLAMATIONS AND PRESENTATIONS: City Clerk Cindy Cartwright reported that May, 1995 had been declared National React Month; May, 1995 had been declared Founder's Day; May 7-13, 1995 had been proclaimed Teacher Appreciation Week; and May 14-20, 1995 had been proclaimed Nebraska Business and Industry Recognition Week. Presentation of 1995-1996 Annual Budget. Interim City Administrator Wayne Bennett presented the 1995-1996 Proposed Annual Budget. Mr. Bennett noted that this was the most austere budget in recent years. PUBLIC HEARINGS: Public Hearing on Change of Land Use Designation from Residential Development Zone to a Transitional Agricultural for Property Located on the South Side of 13th Street. approximately 1/4 mile west of U.S. Highway 281. Nelson Helm, Regional Planning Director, reported that the City Council, at their Meeting of April 10, 1995, initiated action to rezone a 16.529 acre tract of property located on the south side of 13th Street, approximately 1/4 mile west of U.S. Highway 281, from an "RD" (Residential Development) Zone to a "TA" (Transitional Agriculture) Zone. Mr. Helm explained that this property had been rezoned from a "TA" to I I I Page 2, City Council Regular Meeting, May 8, 1995 an "RD" by Ordinance #7962 on September 13, 1993 to enable the construction of a new apartment complex containing 168 dwelling units on the land. Mr. Helm noted that inasmuch as no action had been taken in 18 months to develop the property, the zoning should be reverted to its former zoning classification by appropriate action of the City Council. No public testimony was heard. Public Hearing on Request of Byco, Inc., 1309 Diers Avenue, for Class "B" Liquor License. Cindy Cartwright, City Clerk, reported that Mr. Byron Wheeler, 2606 Apache Street, representing BYCO, Inc., 1309 Diers Avenue, had submitted an application for a Class "B" Liquor License. The Clerk introduced the following exhibits for the record: Application submitted to the Nebraska Liquor License Commission and received by the City Clerk on April 21, 1995; Notice to the general public of date, time, and place of hearing published on April 28, 1995; Notice to the applicant of date, time, and place of hearing mailed on April 24, 1995; Chapter 4 of City Code; and Departmental reports as required by City Code. Ms. Cartwright noted that inasmuch as the building had not yet been completed, approval, if given, should be contingent upon final inspections. Mr. Byron Wheeler, 2606 Apache Street, spoke in support of the application. Glendale Reiss, 910 North Boggs, spoke in opposition. No further testimony was heard. Public Hearing on Request of Nathan Detroit's Inc.. 316 North Pine Street. for a Class "C" Liquor License. City Clerk Cindy Cartwright reported that inasmuch as the 10 day notice of public hearing was not published, a public hearing could not be held and Council would go on record as taking no action on the application. Ms. Cartwright noted that the application was for a change of ownership and would replace an existing Class "C" Liquor License. Public Hearing on Request of Irving Jensen Company for Conditional Use Permit for the Temporary Placement of a Concrete Batch Plant at the Northwest Corner of Webb Road and Old Potash Highway. Craig Lewis, Building Inspections Director, reported that Mr. Terry Harner, representing the Irving F. Jensen Company, Sioux City, Iowa, had submitted an application for a Conditional Use Permit for the temporary placement of a concrete batch plant on the property adjacent to the northwest corner of Webb Road and Old Potash Highway. Mr. Lewis noted that the concrete batch plant would facilitate construction of the Webb Road Project. Terry Harner was present in support of the application. No other public testimony was heard. REOUESTS AND REFERRALS: Receipt of Official Documents. Motion by Solt, second by Preisendorf, carried unanimously to receive and place on record the minutes of the Library Board Meeting of April 3, 1995. Approving Request of Hill's Furniture, 215 North Webb Road, for License Agreement. Gary Mader, Utilities Director, reported that Mr. Thomas Hill, dba Hill's Furniture, 215 North Webb Road, had submitted an application for a License Agreement for the use of a utility easement on the property at 215 North Webb Road. Mr. Mader stated that Hill's Furniture proposed to install three concrete pads for air conditioning units on the easement, and that because the width I I I Page 3, City Council Regular Meeting, May 8, 1995 of the easement was wider than normal, the proposed use would not restrict the City's access to the easement. Motion by Johnson, second by Kehm, carried unanimously to approve. Approving Amendment to License Agreement with Nebraska Cellular for Use of Utility Easement. Gary Mader, Utilities Director, reported that Mr. Kevin Wiley, President of Nebraska Cellular, 3650 West 13th Street, had submitted an application for a License Agreement for the use of a utility easement for installation of a storm sewer which would drain into the Moores Creek Drainway. Mr. Mader noted that the new structure would provide drainage to an area that had experienced problems in the past. Motion by Solt, second by Sorensen, carried unanimously to approve. Approving Request of Susana Westwood. 816 West Koenig Street. for Liquor Manager Designation for Bosselman. Inc.. 704 West 2nd Street. Motion by Kehm, second by Murray, carried unanimously to approve the request of Susana Westwood for Liquor Manager Designation for Bosselman, Inc., 704 West 2nd Street. Approving Request of BYCO. Inc.. dba Byco. 1309 Diers Avenue. for Class "B" Liquor License. Motion by Kehm, second by Murray, carried unanimously to approve the request of BYCO, Inc., dba Byco, 1309 Diers Avenue, for a Class "C" Liquor License. Councilmember Preisendorf abstained from voting. Approving Request of Byron Wheeler. 2606 Apache Street. for Liquor Manager Designation for BYCO. inc.. 1309 Diers Avenue. Motion by Kehm, second by Murray, carried unanimously to approve the request of Byron Wheeler for Liquor Manager Designation for Byco. Councilmember Preisendorf abstained from voting. Request of Nathan Detroit's Inc.. 316 North Pine Street. for Class "C" Liquor License. Council did not take any action on this request. Approving Request of Alyce Godel. 200 East Bismark. for Liquor Manager Designation for Nathan Detroit's. Inc.. 316 North Pine Street. Motion by Kehm, second by Murray, carried unanimously to approve the request of Alyce Godel for Liquor Manager Designation for Nathan Detroit's, Inc. Approving Request of Irving Jensen for a Conditional Use Permit for the Temporary Placement of a Concrete Batch Plant. Motion by Johnson, second by Sorensen, carried unanimously to approve the request of Mr. Terry Hamer, representing the Irving F. Jensen Company, Sioux City, Iowa, for a Conditional Use Permit for the temporary placement of a concrete batch plant on the property adjacent to the northwest corner of Webb Road and Old Potash Highway for period of six months. Approving Referral to Regional Planning Commission of Rezoning Request for Property Located on State Street. west of Toukan Second. Cindy Cartwright, City Clerk, reported that Mr. Milan Bish, representing Tree House, Inc., had submitted a request to rezone a parcel of property I I I Page 4, City Council Regular Meeting, May 8, 1995 located on the south side of State Street, approximately 550 feet west of U.S. Highway 281 from an "R4" (High Density Residential) zoning district to a "B2" (General Business) zoning district. Ms. Cartwright noted that the request should be referred to the Regional Planning Commission for a Public Hearing and recommendation as provided for in the City Code. Motion by Johnson, second by Sorensen, carried unanimously to refer the request to the Regional Planning Commission. Consideration of Request for Expansion to Oak Ridge Estates Mobile Home Park. Craig Lewis, Building Inspections Director, reported that Mr. Bob Connelly, owner of Oak Ridge Estates Mobile Home Park, 5020 West Highway 30, had submitted a request to install three additional mobile home spaces at Oak Ridge Estates Mobile Home Court, and that based on recent improvements in the utility systems, it did not appear that the requested addition of three spaces would have a negative impact. Motion by Murray, second by Johnson to approve. Councilmember Johnson questioned the sanitary sewer pickup. Ray Rabe, Health Department Director, noted that no complaints had been received relative to the manner in which garbage was being picked up. Councilmember Johnson withdrew the second. Motion to approve the expansion then died for lack of a second. RESOLUTIONS: #95-104 - Approving Condemnation Proceedings for Sanitary Sewer Easement. Bud Buettner, Assistant Public Works Director, reported that the Public Works Department had determined the need to extend sanitary sewer service in conjunction with the installation of sanitary sewer line for Project 95-S-1, and that the City required a permanent utility easement across a privately owned tract of land. Mr. Buettner noted that the current owners of the property had an offer to purchase this tract of land, but the transaction was not expected to be complete until mid June, 1995, and Legal Counsel for the current owners had recommended that they do nothing relative to granting the sanitary sewer easement to preclude this action from affecting the pending sale. Mr. Buettner explained that an appraisal had been conducted by a certified appraiser and that the acquisition of the easement was essential to avoid any adverse affects to the sanitary sewer line project. Motion by Solt, second by Seifert, carried unanimously to approve condemnation proceedings. #95-105 - Approving Continuation and Construction of Street Improvement District #1193, Manchester Road from North Road to 513 feet West. Bud Buettner, Assistant Public Works Director, reported that at the March 13, 1995 City Council Meeting, Council approved the Subdivision Agreement for Jeffrey Oaks Third Subdivision which provided that the City would create paving districts within the Jeffrey Oaks Subdivision. Mr. Buettner explained that Ordinance #8073 provided for the establishment of Street Improvement District #1193 and that the protest period ended April 24, 1995 and no valid protests had been received. Motion by Seifert, second by Solt, carried unanimously to approve. I I I Page 5, City Council Regular Meeting, May 8, 1995 #95-106 - Approving Continuation and Construction of Street Improvement District #1194. Sacramento Circle. west off of North Road. Bud Buettner, Assistant Public Works Director, reported that at the March 13, 1995 City Council Meeting, Council approved the Subdivision Agreement for Jeffrey Oaks Third Subdivision which provided that the City would create paving districts within the Jeffrey Oaks Subdivision. Mr. Buettner explained that Ordinance #8074 provided for the establishment of Street Improvement District #1194 and that the protest period ended on April 24, 1995 and no valid protests had been received. Motion by Seifert, second by Solt, carried unanimously to approve. #95-107 - Approving Continuation and Construction of Street Improvement District #1195. Boston Circle. west off of North Road. Bud Buettner, Assistant Public Works Director, reported that at the March 13, 1995 City Council Meeting, Council approved the Subdivision Agreement for Jeffrey Oaks Third Subdivision which provided that the City would create paving districts within the Jeffrey Oaks Subdivision. Mr. Buettner explained that Ordinance #8075 provided for the establishment of Street Improvement District #1195 and that the protest period ended April 24, 1995 and no valid protests had been received. Motion by Seifert, second by Solt, carried unanimously to approve. #95-108 - Approving Continuation and Construction of Street Improvement District #1196. Norseman Avenue from North Road to 494 feet west. Bud Buettner, Assistant Public Works Director, reported that at the March 13, 1995 City Council Meeting, Council approved the Subdivision Agreement for Jeffrey Oaks Third Subdivision which provided that the City would create paving districts within the Jeffrey Oaks Subdivision. Mr. Buettner explained that Ordinance #8076 provides for the establishment of Street Improvement District #1196 and that the protest period ended April 24, 1995, and no valid protests had been received. Motion by Seifert, second by Solt, carried unanimously to approve. #95-109 - Awarding Bid for Drum Level Indicator. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of a drum level indicator to serve the Utilities Department, Platte Generating Station, and that two bids had been received, $12,218.62 and $15,560.80. Ms. Griffiths noted that Yarway Corporation of Blue Bell, Pennsylvania had submitted the low bid of $12,218.62. Motion by Solt, second by Johnson, carried unanimously to award the low bid to Yarway Corporation. #95-110 - Awarding Bid for Oxygen Analyzer. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the replacement of oxygen analyzer equipment to serve the Utilities Department, Platte Generating Station in conjunction with the Control System Upgrade project, and that five bids had been received, ranging from $12,173.57 to $19,822. Ms. Griffiths noted that the low bid did not meet specifications due to technical exceptions, and that the next low responsive bid was submitted by Power Specialties, Inc., of Ray town, Missouri in the amount of $16,190.50. Motion by Solt, second by Johnson, carried unanimously to award the bid to Power Specialties, Inc. I I I Page 6, City Council Regular Meeting, May 8, 1995 #95-111- Awarding Bid for Combustibles Analyzer. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the replacement of the existing boiler combustible gas analyzer system to serve the Utilities Department, Platte Generating Station, in conjunction with the Control System Upgrade project and that two bids had been received, in the amounts of $12,333.10 and $20,882. Ms. Griffiths noted that the low bid had been submitted by Control Devices and Instrumentation, Inc., of Olathe, Kansas, in the amount of $12,333.10. Motion by Solt, second by Johnson, carried unanimously to award the bid to Control Devices and Instrumentation, Inc. #95-112 - Awarding: Bid for Performance Monitoring: Svstem. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the implementation of a performance monitoring system to serve the Utilities Department, Platte Generating Station in conjunction with the Control System Upgrade project and that four bids had been received, ranging from $47,825 to $113,800. Ms. Griffiths noted that the low bid had been submitted by Black & Veatch, of Kansas City, Missouri, in the amount of $47,825. Motion by Solt, second by Johnson, carried unanimously to award the low bid to Black and Veatch. #95-113 - Awarding Bid for Spot Gas Agreement. Amoco Energy Trading Corporation. Gary Mader, Utilities Director, reported that the Utilities Department was approached by Amoco Energy Trading Corporation who requested that they be included in the list of bidders for natural gas fuel. It was noted that the standard Spot Gas Sales Agreement was forwarded for their review. Motion by Solt, second by Johnson, carried unanimously to approve. #95-114 - Amending Spot Gas Agreement. Astra Resources Marketing, Inc. Gary Mader, Utilities Director, reported that the Utilities Department had been contracting with Rangeline Corporation to provide natural gas fuel for the Burdick Station Power Plant since 1989, and that Rangeline Corporation had changed their name to Astra Resources Marketing, Inc., thereby requiring the City to enter into a new agreement with Astra Resources Marketing, Inc. for natural gas. Motion by Solt, second by Johnson, carried unanimously to approve. #95-115 - Awarding Bid for Physical Fitness Testing for Firefighters. Jim Rowell, Fire Chief, reported that the Fire Department received two proposals for physical fitness testing of all members of the Fire Department, which would evaluate each member's physical condition and provide assistance with diet, exercise, and lifestyle based on the individual results of the testing. Mr. Rowell reported that after review of the two proposals submitted, it was recommended that the proposal submitted by Sally K. Husen, Master of Arts in Education, of Family Practice in Grand Island, be selected as the most responsive proposal for a total of $14,626. Motion by Solt, second by Johnson, carried unanimously to approve. #95-116 - Awarding Bid for Tennis Court Resurfacing. Steve Paustian, Parks and Recreation Director, reported that the Purchasing Division had received bids for surfacing of three (3) tennis courts at Ryder Park and two (2) tennis courts at the Grand Island Racquet Center to serve the Parks and Recreation Department, Parks Division. Mr. Paustian noted that this texturizing surfacing would be applied over the asphalt resurfacing which was awarded under I I I Page 7, City Council Regular Meeting, May 8, 1995 separate contract. Beth Griffiths, Purchasing Agent, reported that three bids had been received, ranging from $11,336 to $13,469, but that the low bid, submitted by Kyler Company of Tarkio, Missouri, included a significant exception to the bid specifications. Ms. Griffiths reported that the next low bidder, A-I Track & Tennis of Omaha, in the amount of $12,990, met specifications. Councilmember Solt questioned the entire cost of the project and moved to deny the bid award. Councilmember Preisendorf stated that it was imperative that the resurfacing be completed. Motion to deny died for lack of a second. Motion by Seifert, second by Johnson, to award the bid to A-I Track and Tennis of Omaha. Upon roll call vote, Lueth, Johnson, . Preisendorf, Hosier, Kehm, Mehring, Seifert, Murray and Sorensen voted aye. Solt voted nay. Motion adopted. #95-117 - Awarding Bid for Asphalt Maintenance Proiect 95-AC-2. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for Asphalt Maintenance Project 95-AC-2, which included the surfacing of Street Improvement District #1192, Claude Road from New Highway 30 to Old Potash Highway, and that two bids had been received in the amounts of $48,984.58 and $62,186.06. Ms. Griffiths noted that the low bid had been submitted by J.I.L. Asphalt Paving Company of Grand Island in the amount of $48,984.58. Motion by Solt, second by Johnson, carried unanimously to award the bid to J.I.L. Asphalt Paving Company. #95-118 - Awarding Bid for Uniforms Rental. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for uniforms rental to serve the Utilities and Public Works Departments and that the cost of this service was paid partially by the employee and partially by the City, as per union contracts. Ms. Griffiths noted that the City had requested a one-year contract with the option to renew for two additional years with the intent being to stay with the successful contractor for three years, all things being constant, and that two bids were received, and that the bid submitted by Jackson Services provided the overall lowest cost for the individual garment rentals and a 0% price increase for the two year renewal period. Motion by Solt, second by Johnson, carried unanimously to approve. #95-119 - Approving Change Order to Contract for Webb Road Widening Proiect. Bud Buettner, Assistant Public Works Director, reported that the State Department of Roads had developed Change Order #2 for the Webb Road Widening Project which would provide for half the costs associated with a Partnering Workshop, which was sponsored by the contractor and the Department of Roads, and to establish a basis of payment. Motion by Seifert, second by Lueth to approve. Upon roll call vote, Lueth, Johnson, Solt, Hosier, Kehm, Seifert, Murray, and Sorensen voted aye. Preisendorf and Mehring voted nay. Motion adopted. #95-120 - Approving Agreement for Construction of State Street Hike/Bike Trail. Bud Buettner, Assistant Public Works Director, reported that on January 23, 1995, the City of Grand Island entered into a cost share agreement with the State of Nebraska Department of Roads for the construction of the State Street Hiker/Biker Trail, and that Federal funds had been authorized for construction of a ten foot wide concrete hiker/biker trail along State Street from North Road to a point approximately 350 feet east of U.S. Highway 281. Mr. Buettner noted that on April 27, 1995, the Nebraska Department of Roads opened bids on the project and three bids were I I I Page 8, City Council Regular Meeting, May 8, 1995 received. Mr. Buettner explained that the low bid had been submitted by Diamond Engineering Company of Grand Island in the amount of $101,351. Councilmember Seifert noted that drainage was needed in the area by Menards. Motion by Seifert, second by Murray to approve. Upon roll call vote, Lueth, Hosier, Kehm, Seifert, Preisendorf, Murray, and Sorensen voted aye. Johnson, Solt, and Mehring voted nay. Motion adopted. ORDINANCES: Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that the ordinances numbered: #8093 Approving Request of Rick Martin for Vacation of Easement at 4310 Saddlehorse Court #8094 Approving Change of Land Use Designation for Property Located on the South Side of 13th Street, approximately 1/4 mile west of U.S. Highway 281 be considered for passage on the same day upon reading by number only, and then placed on 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 reading and final passage. Councilmember Preisendorf 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 carried. Clerk: Ordinances #8093 and #8094 on their first reading. All those in favor of passage of said ordinances on their first reading, answer roll call. Upon roll call vote, all voted aye. Motion adopted. Clerk: Ordinances #8093 and #8094 on their final passage. All those in favor of passage of said ordinances on final passage, answer roll call. Upon roll call vote, all voted aye. Motion adopted. Mayor: By reason of the roll call votes on the first reading and final passage of said ordinances, Ordinances #8093 and #8094 are declared to be lawfully passed and adopted upon publication as required by law. PUBLIC DISCUSSION OF NON AGENDA ITEMS: Louise Miller, 1104 West Charles, spoke on free energy and the number of families allowed to inhabit a home. Lewis Kent, 624 East Meves, spoke against Council's action on rezoning on Cherry Street. PAYMENT OF CLAIMS: Motion by Preisendorf, second by Murray, carried unanimously to approve the claims in the amount of $1,254,506.94, as presented by the City Clerk. I I I Page 9, City Council Regular Meeting, May 8, 1995 ADJOURNMENT: The meeting was adjourned at 8:42 p.m. Respectfully submitted, ~'l cllA V" CUll ~\~+- Cindy K. tartwright City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL SPECIAL STUDY SESSION May 12, 1995 Pursuant to due call and notice thereof, a Special Study Session of the City of Grand Island was conducted on May 12, 1995, at City Hall, 100 East First Street. Notice of the meeting was given in the Grand Island Independent on May 8, 1995. Mayor Gnadt called the meeting to order at 6:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Lueth, Kehm, Mehring, Preisendorf, Salt, Sorensen, Seifert, and Murray. City Clerk Cindy Cartwright was also present. Interview of City Administrator Candidates. Interviews were held with Randy Broderson, Adams County, Colorado, and Robert Frank, Raymore, Missouri. Questions were posed to both candidates. Adiournment. The meeting adjourned at 8:50 p.m. Respectfully submitted, ~,~~hA6vJ- Cindy K. Cartwright City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL SPECIAL STUDY SESSION May 13, 1995 Pursuant to due call and notice thereof, a Special Study Session of the City of Grand Island was conducted on May 13, 1995, at City Hall, 100 East First Street. Notice of the meeting was given in the Grand Island Independent on May 8, 1995. Mayor Gnadt called the meeting to order at 8:00 a.m. The following members were present: Mayor Gnadt, Councilmembers Lueth, Johnson, Kehm, Mehring, Preisendorf, Solt, Sorensen, Seifert, and Murray. City Clerk Cindy Cartwright was also present. Interview of City Administrator Candidates. Interviews were held with Jeff Hancock, Kansas City, Missouri, Dale Iman, Marquette, Michigan, and Robert Keefe, Ottumwa, Iowa. Questions were posed to all candidates. Adjournment. The meeting adjourned at 2:45 p.m. Respectfully submitted, CWl~ J( f>>.llN{)L4- Cindy K. Cartwright City Clerk I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION May 15, 1995 Pursuant to due call and notice thereof, a Study Session of the City of Grand Island was conducted on May 15, 1995, at City Hall, 100 East First Street. Notice of the meeting was given in the Grand Island Independent on May 10, 1995. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Lueth, Preisendorf, Hosier, Solt, Sorensen, Seifert, Johnson, and Murray. Councilmember Mehring was absent. City Clerk Cindy Cartwright was also present. Discussion on Requirement for Subsurface Drainage Systems. Craig Lewis, Building Inspections Director, reported on the proposed ordinance which would amend the City Code to require subsurface drainage systems. Mr. Lewis noted that the Building Code Advisory Board, as well as the Basement Advisory Committee, supported the requirement. Councilmember Johnson questioned the benefit to requiring the systems for larger homes only. M.D. Bahensky, 4251 Branding Iron Court, and Wade West, 916 North Sycamore Street, spoke in support of the requirement. Update on Lincoln Pool Slide Installation. Steve Paustian, Parks and Recreation Director, reported on the progress being made relative to the installation of the Lincoln Pool Slide. Councilmember Johnson voiced concerns regarding safety as a result of the fence not being well erected and the rebar being uncovered. Jackie Pielstick, 722 East Seventh Street, spoke on the issue. Parking on Public Property. Police Chief Gene Watson presented information on the City's current policy as it related to parking on public property. Mr. Watson noted concerns with safety, appearance, and use of property without compensation. Wade and Jana West, 916 North Sycamore Street, spoke on the issue. Discussion was held on the license agreement application process. Luchelle Fletcher, 921 West 10th Street, and Lewis Kent, 624 East Meves, spoke on the issue. Councilmember Sorensen noted that each instance should be decided on an individual basis. Adiournment. The meeting adjourned at 8:00 p.m. ~spectfully submitted,.. L!{( 1 C{ Lf /<. (J ILA fv1/) [;/U. Cindy K. CCartwnght City Clerk I I I CITY OF GRAND ISLAND OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL SPECIAL STUDY SESSION May 17, 1995 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 on May 17, 1995. Notice of the meeting was give in the Grand Island Independent on May , 1995. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Hosier, Johnson, Kehm, Lueth, Murray, Preisendorf, Lueth, Murray, Seifert, Solt, and Sorensen. Councilmember Mehring was absent. City Officials present were Interim City Administrator Wayne Bennett and City Clerk Cindy Cartwright. Proposed 1995-1996 Annual Budget. City Clerk Cindy Cartwright presented an overview of the Mayor's, Administrator's, Legislative, and City Clerk's Budget. It was noted that the budget for Central Support had been eliminated, including two clerical positions. Ms. Cartwright pointed out that the Economic Development budget included the 1/4 Downtown Development Director salary which had been transferred from its previous listing in the Non-Departmental fund. Councilmember Sorensen questioned if this was a new item. Finance Director Chuck Haase, Interim City Administrator Wayne Bennett, and Mayor Ken Gnadt reiterated that this was a transfer from the Non-Departmental account, where it had been budgeted since 1993. Ms. Cartwright addressed the budgets for Building Maintenance and GITV. Interim Public Works Director Bud Buettner reviewed the Public Works/Engineering budget. The Wood River Warm Slough project was discussed. Street Superintendent Walt Vargason reviewed the proposed budget for the Street and Transportation Division. Solid Waste Superintendent Gene Kramer addressed the Landfill budget. Ben Thayer, Superintendent of Wastewater Treatment Plant Operations and Engineering, reviewed the budget for the Wastewater Treatment Plant. Councilmember Seifert questioned if user limits were still enforced, and Mr. Thayer indicated they were. Regional Planning Director Nelson Helm discussed the Regional Planning budget, noting that a computerized mapping program had been eliminated. Library Director Steve Fosselman gave an overview of the proposed Library budget. Mr. Fosselman noted two capital improvement projects which were a carryover from previous years. Councilmember Seifert spoke on the bookmobile. Downtown Development Director Dianne Kelley reported on the Downtown Development budgets, including Business Improvement District #1, Parking District #1, and Parking District #2-Ramp. Ms. Kelley noted the Downtown Improvement Board was addressing parking on the western edge of the Downtown District. Councilmember Sorensen asked about current parking ramp and the downtown snow removal policy. Parks and Recreation Director Steve Paustian reviewed the proposed Parks and Recreation budget, noting that significant cuts had been made to the operating budget. Mr. Paustian addressed the budgets for the Municipal Golf Course and the Racquet Center. Mr. Dan Fogland, 2508 Riverside Drive, Ms. Doreen Wanitschke, 711 Church Road, Mr. Fred Glade, 1411 Stagecoach Road, I I I Ms. Dee Hanssen, 2404 South August Street, and Ms. Alicia Haussler, 2021 West Faidley, spoke in support of continued zoo funding. Councilmembers Seifert and Murray also spoke in support of the zoo. Lewis Kent, 624 East Meves spoke in opposition to funding of the zoo and the downtown tree program. Gene McCormick, 707 South Pleasant View, questioned the Wood River Warm Slough project and the Swift Road project. George Bartenback, 209 N. Locust, encouraged the Council to continue moving forward in a progressive manner. ADJOURNMENT: The meeting was adjourned at 11 :08 p.m. Respectfully submitted, OMl ckl K ~111\;1 flvI-- Cindy K. dlart~ri~t City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL SPECIAL STUDY SESSION May 24, 1995 Pursuant to due call and notice thereof, a Special Study Session of the City of Grand Island was conducted on May 24, 1995, at Central Community College, 3180 Highway 34 West. Notice of the meeting was given in the Grand Island Independent on May 14, 1995. A quorum present, the meeting began at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Lueth, Hosier, Preisendorf, Mehring, and Murray. Councilmembers Johnson, Solt, Seifert, Kehm, and Sorensen were absent. The following City Officials were present: Interim City Administrator Wayne Bennett, and City Attorney Keith Sinor. Proposed Gas Rate Increase. Councilmember Dick Preisendorf, Chairman of the Rate Area Committee, reported that Northwestern Public Service Company had offered to reduce its proposed gas rate hike from 14 % to 11.8% for residences after discussions with officials from AIda, Grand Island, Kearney and North Platte. Consultant Stephen Yurek, Dahlen, Berg and Company, presented information on the proposed increase . John Wagoner, 1711 South Harrison, spoke on the issue. Alan Dietrich, vice president for corporate services with NWPS, noted that no additional increases were planned for the near future and that it had been eight years since the last increase. Adiournment. The meeting was adjourned at 8: 15 p.m. Respectfully submitted, ~iWlA K &A/'Vl rid Cmdy K. artw~ht City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING May 22, 1995 Pursuant to due call and notice thereof, a Regular Meeting of the City of Grand Island was conducted on May 22, 1995, at City Hall, 100 East First Street. Notice of the meeting was given in the Grand Island Independent on May 17, 1995. A quorum present, Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Lueth, Johnson, Solt, Hosier, Preisendorf, Mehring, Seifert, Murray, and Sorensen. Kehm was absent. The following City Officials were present: Interim City Administrator Wayne Bennett, City Clerk Cindy Cartwright, and City Attorney Keith Sinor. PLEDGE OF ALLEGIANCE was said, followed by INVOCATION given by Reverend Tim Kiser. APPROVAL OF MINUTES: Motion by Solt, second by Murray, carried unanimously to approve the minutes of the May 8, 1995 City Council Regular Meeting, the minutes of the May 12, 1995 City Council Special Study Session, the minutes of the May 13, 1995 City Council Special Study Session, the minutes of the May 15, 1995 City Council Study Session (as corrected), the minutes of the May 16, 1995 City Council Special Study Session, and the minutes of the May 17, 1995 City Council Special Study Session. GRAND ISLAND AREA SOLID WASTE AGENCY: Motion by Johnson, second by Preisendorf, carried unanimously to adjourn to the Grand Island Area Solid Waste Agency. Chuck Haase, Finance Director, reported that a Public Hearing was required to be held on the proposed 1995-1996 Annual Budget for the Agency. No public testimony was heard. Motion by Preisendorf, second by Seifert, carried unanimously to return to Regular Session. PUBLIC HEARINGS: Public Hearing: on Proposed FY 1995-1996 Annual Budget/Municipal Proprietary Budget. Chuck Haase, Finance Director, reported that a Public Hearing was required to hear public comment relative to the proprietary budgets which are for enterprise activities. No public testimony was heard. Public Hearing: on FY 1995-1996 Nebraska Single Budget. Chuck Haase, Finance Director, reported that this Public Hearing was for the City's single budget and was inclusive of all municipal operations. Gene McCormick, 707 South Pleasantview, and Glendale Reiss, 910 North Boggs, spoke on salaries. John Wagoner, 1711 South Harrison, spoke on the I I I Page 2, City Council Regular Meeting, May 22, 1995 establishment of an electrical board. Roberta K. Collins, south of Division Street, spoke against salary increases, property taxes, and the hiring ofa City Administrator. M. D. Bahensky, 4251 Branding Iron Court, spoke in support of Fire Station #4. Public Hearing on Request of The BSY Hub. Inc.. 807 West Third Street. for Class "C" Liquor License. Cindy Cartwright, City Clerk, reported that Mr. Dave Starostka, 2008 Stagecoach, representing BSY Hub, Inc., 807 West Fourth Street, had submitted an application for a Class "C" Liquor License to provide for the sale of Spirits, Wine, Beer, On and Off Sale. Ms. Cartwright introduced the following exhibits for the record: Application submitted to the Nebraska Liquor License Commission and received by the City Clerk on May 3, 1995; Notice to the general public of date, time, and place of hearing published on May 10, 1995; Notice to the applicant of date, time, and place of hearing mailed on May 3, 1995; Chapter 4 of City Code; and Departmental reports as required by City Code. Attorney Arend Baack, 104 North Wheeler Avenue, spoke in support of the application. No further public testimony was heard. Public Hearing on Grant Application Request for Relocation of Sanitary Lift Station Discharge Line. Jeri Garroutte, Community Development Director, reported that the Nebraska Department of Economic Development accepted applications through the Housing Development component of the Community Development Block Grant Program for grant funding for specific types of housing and Public Works activities, such as site developments, including acquisition and public improvements, and the Home Ownership Opportunity Program. Mrs. Garroutte reported that in 1994 funds were authorized under the Emergency Appropriations Fund to be used to correct damages due to flooding, high winds, hail, and other related weather damage which occurred in the summer of 1993. It was explained that the City was interested in submitting an application for these funds under Department of Economic Development's Disaster Recovery Program and that this application would involve the rerouting of sewer discharge from a lift station located at Sunset Street and Claussen Street to a large intercepter sewer located on Fonner Park Road. Mrs. Garroutte explained that in order to qualify for these HUD funds, the benefit project must meet one of the following three national objectives: 1) the benefit area must contain 51 % low/moderate income households; 2) the project would eliminate blighted conditions; or 3) there is an urgent need to be addressed and that the City's grant application was based on the low/moderate income designation. No public testimony was heard. DISCUSSION AND INFORMATION ITEMS: Discussion on Amending Hours of Operation at L.E. Ray Lake. Steve Paustian, Parks and Recreation Director, reported that a request had been received to amend the hours at L.E. Ray Park to provide for fishing during the hours of midnight to 6:00 a.m. Terry Wilber, 415 East 14th Street, and Jerry Grantham, 1916 North Houston, spoke in: support of the amendment. Councilmember Johnson moved to unlock the walk through gate to allow individuals, but not cars, into the area between the hours of midnight and six a.m. Second by Solt. Motion carried unanimously. I I I Page 3, City Council Regular Meeting, May 22, 1995 REQUESTS AND REFERRALS: Approving Appointment of City Administrator. Mayor Ken Gnadt reported that following a very successful trip to Marquette, Michigan to review the community and receive input from local officials and business people, he was forwarding the appointment of Mr. Dale Iman of Marquette, Michigan, to the position of City Administrator. Councilmember Preisendorf and Solt spoke in support of the candidate. Councilmember Johnson commended Mayor Gnadt for the solicitation of input in the hiring process. Motion by Preisendorf, second by Seifert, carried unanimously to approve. Receipt of Official Documents. Motion by Solt, second by Preisendorf, carried unanimously to receive and place on file the minutes of the Fire/Police Pension Meeting of December 15, 1994, the minutes of the Civil Service Commission Meeting of April 6, 1995, the minutes of the Regional Planning Commission Meeting of May 3, 1995, and the minutes of the Civil Service Commission Meeting of May 8, 1995. Approving Request of Lincoln Baptist Church for Use of City Property for Tent Meeting on June 26-30. 1995. Steve Paustian, Parks and Recreation Director, reported that Mr. Thomas E. Smith, Missions Pastor, representing Lincoln Baptist Church, 7801 East Lincoln, Wichita, Kansas, had submitted a request for the use of City property at Ashley Park, located at Capital Avenue and Highway 281, for a tent meeting on June 26-30, 1995 to serve their mission church in Marquette, Nebraska. Mr. Paustian noted that the meetings would be conducted from 7:00 p.m. to 9:00 p.m., each of the five nights. Motion by Sorensen, second by Seifert, carried unanimously to approve. Approving Request of John Boersen. 2139 North Park Avenue. for License Agreement for Placement of Fence in Public Right of Way. Bud Buettner, Assistant Public Works Director, reported that Mr. John Boersen, 2139 North Park Avenue, had submitted an application for a License Agreement to allow for encroachment onto the public right-of-way for the construction of a stockade fence immediately adjacent to a curb sidewalk. Motion by Lueth, second by Sorensen, carried unanimously to approve the request, contingent upon the fence having a 2' setback along the sidewalk. Gene McCormick, 707 South Pleasantview, spoke on the issue. Approving Request of Fred Scarborough. 1823 West John Street. for License Agreement for Placement of Fence in Public Right of Way. Bud Buettner, Assistant Public Works Director, reported that Mr. Fred Scarborough, 1823 West John Street, had submitted an application for a License Agreement to allow for the encroachment onto the public right-of-way to provide for the construction of a fence. Motion by Preisendorf, second by Murray, carried unanimously to approve. Approving Request of BSY Hub. Inc.. 807 West Fourth Street. for Class "C" Liquor License. Motion by Sorensen, second by Lueth, carried unanimously to approve the request of The BSY Hub, Inc. for a Class "c" Liquor License. I I I Page 4, City Council Regular Meeting, May 22, 1995 Approving Request of Dave Starostka. 2008 Stagecoach. for Liquor Manager Designation for BSY Hub. Inc.. 807 West Fourth Street. Motion by Sorensen, second by Lueth carried unanimously to approve the request of Dave Starostka for Liquor Manager Designation for The BSY Hub. RESOLUTIONS: #95-121 - Approving Letter of Understanding with City Administrator. Mayor Gnadt reviewed the letter of understanding between the City of Grand Island and Dale E. Iman, City Administrator. Councilmember Johnson noted that he had received the information late in the day and had not had adequate time to review the document and therefore would abstain on the vote. In response to questions, City Attorney Keith Sinor noted that certain points in the document would need to be addressed. Motion by Preisendorf, second by Solt to approve. Upon roll call vote, Lueth, Solt, Hosier, Preisendorf, Mehring, Seifert, Sorensen, and Murray voted aye. Johnson abstained. Motion adopted. #95-122 - Accepting Certificate of Final Completion for Sanitary Sewer District #473T. west of Webb Road and South of 13th Street. Bud Buettner, Assistant Public Works Director, reported that Diamond Engineering of Grand Island, had completed the construction work associated with Sanitary Sewer District #473T, which consisted of a sanitary sewer west of Webb Road and south of 13th Street, as well as a tract of land immediately east of Webb Road. Mr. Buettner noted that a Certificate of Completion had been issued by the Public Works Director, subject to City Council approval and that it would be necessary for the City Council to act as the Board of Equalization to consider the assessment of benefits associated with the Sanitary Sewer District. Motion by Sorensen, second by Preisendorf, carried unanimously to approve. #95-123 - Accepting Certificate of Final Completion for Sanitary Sewer District #478. Faidley Avenue and Webb Road. Bud Buettner, Assistant Public Works Director, reported that Diamond Engineering of Grand Island, had completed the construction work associated with Sanitary Sewer District #478, which consisted of a sanitary sewer serving properties in the vicinity of Webb Road and Faidley Avenue. Mr. Buettner noted that a Certificate of Completion had been issued by the Public Works Director, subject to City Council approval and that it would be necessary for the City Council to act as the Board of Equalization to consider the assessment of benefits associated with the Sanitary Sewer District. Motion by Sorensen, second by Preisendorf, carried unanimously to approve. #95-124 - Approving Change Order #3 to Webb Road Widening Proiect. Bud Buettner, Assistant Public Works Director, reported that the State Department of Roads had developed Change Order #3 for the Webb Road Widening Project. Mr. Buettner noted that Change Order #3 provided for bar grates which were placed on all existing flared end sections, inlet grates, and 42" round equivalent RCSP and resulted in a net increase of $2,356.20 to the contract amount. Motion by Seifert, second by Mehring, to approve. Upon roll call vote, Lueth, Solt, I I I Page 5, City Council Regular Meeting, May 22, 1995 Hosier, Preisendorf, Mehring, Seifert, Murray, and Sorensen voted aye. Johnson was absent at the time the vote was taken. Motion adopted. #95-125 - Approving Change Order #4 to Webb Road Widening Proiect. Bud Buettner, Assistant Public Works Director, reported that the State Department of Roads had developed Change Order #4 for the Webb Road Widening Project which provided for the widening of Webb Road from Old Potash Highway to 13th Street. Mr. Buettner noted that Change Order #4 provided for reconstruction of manholes at two stations tapping existing pipe and building manholes and resulted in a net increase of $362.80 to the contract. Motion by Seifert, second by Mehring, to approve. Upon roll call vote, Lueth, Solt, Hosier, Preisendorf, Mehring, Seifert, Murray, and Sorensen voted aye. Johnson was absent at the time the vote was taken. Motion adopted. #95-126 - Approving: Agreement with Nebraska Department of Roads Relative to Funding for Laptop Computer. Bud Buettner, Assistant Public Works Director, reported that the Nebraska Department of Roads had prepared an Agreement for funding for a laptop computer to be used by the Street Department for submittal of annual reports via computer diskette to the State relative to bridge inspection. Mr. Buettner added that the Agreement provided for 80% Federal funding for the computer and that the City's share of the new laptop was estimated to be $800. Motion by Sorensen, second by Johnson, carried unanimously to approve. #95-127 - Setting Date for Board of Equalization for Business Improvement District #1. Dianne Kelley, Downtown Development Director, reported that each year it was necessary for the City Council to meet as the Board of Equalization to consider a Resolution establishing the assessment level for the Business Improvement District #1, and that it was recommended that the Public Hearing for the Business Improvement District #1 be set for June 12, 1995. Motion by Murray, second by Solt, carried unanimously to approve. #95-128 - Setting Date for Public Hearing for Downtown Improvement and Parking District #1. Dianne Kelley, Downtown Development Director, reported that each year it was necessary for the City Council to establish a Public Hearing date for the tax levy associated with the Downtown Improvement and Parking District #1 which was established on March 10, 1975, in order to provide for physical maintenance and improvements within the district, parking monitoring salaries and expenses, and a portion of personnel salaries. Ms. Kelley recommended that June 12, 1995 be set as the date for the Public Hearing. Motion by Murray, second by Solt, carried unanimously to approve. City Attorney Keith Sinor noted later that Resolution #95- 128 did not include the figures for a 14 month budget and suggested that Council move to reconsider adoption of #95-128, and reconsider the Resolution with the 14 month figures. Motion by Johnson, second by Preisendorf, carried unanimously to reconsider. Motion by Johnson, second by Sorensen, carried unanimously to adopt Resolution #95-128 with the revised 14 month figures as provided by Finance Director Chuck Haase. #95-129 - Approving Grant Application for Relocation of Discharge Line from Sanitary Lift Station at Sunset Avenue and Claussen Street. Motion by Solt, second by Murray, carried I I I Page 6, City Council Regular Meeting, May 22, 1995 unanimously to approve the grant application for the rerouting of sewer discharge from a lift station located at Sunset Street and Claussen Street to a large intercepter sewer located on Fonner Park Road. #95-130 - Awarding Bid for Water Main Proiect 95-W-6. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for Water Main Project 95-W-6, to serve Utility Department, Engineering Division, and that one bid had been received from Diamond Engineering of Grand Island, in the amount of $119,430.26. Motion by Seifert, second by Mehring, carried unanimously to approve. #95-131 - Awarding Bid for Modifications to Cooling Tower Flume. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for modifications to cooling tower flume to serve the Utility Department, Platte Generating Station, and that one bid had been received, from Diamond Engineering of Grand Island, in the amount of $19,262.50. Motion by Seifert, second by Mehring, carried unanimously to award the bid to Diamond Engineering. #95-132 - Awarding Bid for 25.950 GVW Cab. Chassis and Dump Box. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for a maximum 25,950 GVW Cab, Chassis, and Dump Box to serve the Utility Department, Platte Generating Station, and that two bids had been received, $31,565.74 and $33,163.16. Ms. Griffiths noted that the low bid had been submitted by Nebraska Peterbilt Ford of Grand Island, in the amount of $31,565.74, including sales tax. Motion by Seifert, second by Mehring, carried unanimously to award the bid to Nebraska Peterbilt. #95-133 - Awarding Bid for Air Preheater Cleaning. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for air preheater cleaning to serve the Utility Department, Platte Generating Station, and that two bids had been received, $13,575 and $19,500. Ms. Griffiths reported that the low bid had been submitted by Meylan Enterprises of Omaha, in the amount of $13,575. Motion by Seifert, second by Mehring, carried unanimously to award the bid to Meylan Enterprises. #95-134 - Awarding Bid for Uninterruptible Power Supply Equipment. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for uninterruptible power supply equipment to serve the Utility Department, Platte Generating Station and Burdick Station, and that two bids had been received, $169,500 and $192,386. Ms. Griffiths reported that the low bid had been received from Cyberex, Inc. of Mentor, Ohio; however, the low bid included significant exceptions and did not meet the specifications. Ms. Griffiths explained that an alternate bid submitted by SolidS tate Controls, Inc. could also not be considered as it contained significant exceptions and did not meet specifications, but that the low responsive bid was submitted by SolidState Controls, Inc., of Columbus, Ohio, in the amount of $192,386. Motion by Seifert, second by Mehring, carried unanimously to award the bid to SolidState Controls, Inc. I I I Page 7, City Council Regular Meeting, May 22, 1995 #95-135 - Awarding Bid for Operator Control Console. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for Operator's Control Console to serve the Utilities Department, in conjunction with the Control System Upgrade project at the Platte Generating Station, and that two bids had been received in the amounts of $101,880 and $128.050.74. Ms. Griffiths noted that the consulting engineer for the project, Black & Veatch, developed specifications in accordance with the City's purchasing procedures and that because both bids exceeded the engineer's estimate of $75,000, Black & Veatch reviewed these bids and adjusted the bid prices using bid unit prices and eliminated some specified equipment which could be obtained later under another contract. Motion by Seifert, second by Mehring, carried unanimously to award the contract for operator's control console to TRESCO Consoles of Calgary, Alberta, Canada for a revised amount of $73,971. #95-136 - Awarding Bid for Generator Rotor Retaining Rings. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for generator rotor retaining rings to serve the Utility Department, Burdick Station, and that four bids had been received, ranging from $144,690 to $263,500. Ms. Griffiths noted that the low bid had been submitted by Siemens of Milwaukee, Wisconsin, in the amount of $144,690. Motion by Seifert, second by Mehring, carried unanimously to award the low bid to Siemens. #95-137 - Awarding Bid for Level Transmitters. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for level transmitters to serve the Platte Generating Station Controls Upgrade Project, and that one bid, from Fisher Controls c/o R.S. Stover Company, had been received, in the amount of $25,289.50. Ms. Griffiths noted that because the single bid exceeded the engineer's estimate of $25,000, the City was able to negotiate with the bidder who had agreed to provide the transmitters as specified for a reduced cost of $24,825.38, including tax. Motion by Seifert, second by Mehring, carried unanimously to approve. #95-138 - Approving Contract with Mid Nebraska Services for Litter Control at Landfill. Beth Griffiths, Purchasing Agent, reported that the Department of Environmental Quality regulations required that litter be picked up at the landfill daily and that until recently, the City had utilized County corrections crews for litter control at the landfill; but that the number of people available to provide this service had been greatly reduced. Ms. Griffiths explained that the Solid Waste Division had coordinated a contract with Mid Nebraska Individual Services to provide for litter control at the landfill and that the contract included labor reimbursement at $5.00 per hour per individual, plus 27 cents per mile mileage reimbursement for round trip travel between the Mid Nebraska Individual Services and the landfill. Ms. Griffiths explained that State statutes allowed the City to contract directly with a sheltered workshop without soliciting competitive quotes as long as the contract met certain criteria. Motion by Seifert, second by Mehring, carried unanimously to approve. #95-139 - Approving Request of Trinity United Methodist Church for Handicapped Parking Space on the West Side of Cedar Street and the North Side of Fifth Street. Bud Buettner, Assistant Public Works Director, reported that Mr. Ed Gifford, Chairman of the Board of I I I Page 8, City Council Regular Meeting, May 22, 1995 Trustees for Trinity United Methodist Church, 511 North Elm Street, had submitted an application for the construction of a ramp on Fifth Street and three dedicated stalls, starting just west of the east corner of Fifth and Cedar Streets and continuing west, to provide for handicapped parking. Mr. Buettner noted that one parallel van parking stall was also requested for handicapped parking only on Cedar Street, starting north of the south corner of Fifth Street and Cedar Street. Motion by Sorensen, second by Lueth, carried unanimously to approve. #95-140 - Consideration of Blight Study Determination for Property Located East of the Intersection of Cherry Street and Memorial Drive. Developer Fred Hopper reported that due to time constraints and the need to secure continuation of the reservation of HOME funds through the state of Nebraska Department of Economic Development, he was requesting that Council consider a blight study and determination of the blighted area between Cherry Street and Stuhr Road south of the power plant. Mr. Hoppe noted that normal procedure would have been to present the blight study to the Community Redevelopment Authority, however, the CRA was still in the process of organization and not able to move the project forward within the time constraints required. Councilmember Johnson voiced concern with approving a blight study conducted by the developer. City Attorney Keith Sinor noted that the study as presented did not meet substantive or procedural criteria required to make a blight determination and the necessary notice and hearing provisions needed to be completed to determine if the area was blighted. Councilmember Johnson requested that the Mayor direct staff to contact an independent firm to determine if the area met the blight requirements. Mr. Hoppe noted that several steps were needed to be met before the project could move forward. Lewis Kent, 624 East Meves, spoke against the project. Councilmember Johnson moved to authorize Mayor to get response from Hanna Keelan as to blight in the area and return the determination to Council. Second by Preisendorf. Motion carried unanimously. ORDINANCES: Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that the ordinances numbered: #8095 - Amending Chapter 16, Section 17 of City Code Relative to Fire Protection #8096 - Repealing Ordinance #7767, Creation of Water Main District #404T #8098 - Approving Conveyance of Community Development Property at 1423 East Seventh Street #8099 - Amending City Code Relative to Subsurface Drainage Systems Requirements be considered for passage on the same day upon reading by number only, and then placed on 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 reading and final passage. Councilmember Murray seconded the motion. It was noted that Ordinance #8097 was removed from the agenda. I I I Page 9, City Council Regular Meeting, May 22, 1995 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.d Clerk: Ordinances #8095, #8096, #8098 and #8099 on their first reading. All those in favor of passage of said ordinances on their first reading, answer roll call. Upon roll call vote, all voted aye. Motion adopted. Clerk: Ordinances #8095, #8096, #8098, and #8099 on their final passage. All those in favor of passage of said ordinances on final passage, answer roll call. Upon roll call vote, all voted aye. Motion adopted. Mayor: By reason of the roll call votes on the first reading and final passage of said ordinances, Ordinances #8095, #8096, #8098, and #8099 are declared to be lawfully passed and adopted upon publication as required by law. PUBLIC DISCUSSION OF NON AGENDA ITEMS: Jackie Pielstick, 722 East 7th Street, spoke on fire station #4. Glendale Reiss, 910 North Boggs, spoke on Council responsiveness. Lewis Kent, 624 East Meves, spoke on policies relative to equal GITV time. Roberta Collins, south of Division Street, spoke on weed abatement and sanitation service requirements. Gene McCormick, 707 South Pleasantview, spoke on staff salaries and public participation at meetings. Jack Bolsky, 1318 West 8th, spoke on fire station #4. PAYMENT OF CLAIMS: Motion by Seifert, second by Mehring, to approve the claims in the amount of $1,771,458.09, as presented by the City Clerk. Councilmember Preisendorf abstained from voting on Claim #030287. Upon roll call vote, Lueth, Johnson, Hosier, Preisendorf, Mehring, Seifert, Sorensen, and Murray voted aye. Solt was absent at the time the vote was taken. Motion adopted. ADJOURNMENT: The meeting was adjourned at 9:50 p.m. Respectfully submitted, ~\'\0t ( li,j~\\~ ~ \ \- Cindy K. Cartwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL SPECIAL STUDY SESSION May 23, 1995 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 on May 23, 1995. Notice of the meeting was given in the Grand Island Independent on May 18, 1995. Mayor Gnadt called the meeting to order at 7:04 p.m. The following members were present: Mayor Gnadt, Councilmembers Hosier, Johnson, Kehm, Lueth, Murray, Preisendorf, Mehring, Seifert, Solt, and Sorensen. City Officials present were Interim City Administrator Wayne Bennett, and Acting City Clerk Kelly DiMartino. Joint City-County Meeting to Review Proposed 1995-1996 Annual Health Department Budget. Hall County Supervisors Irene Abernethy, Judy Rosenkotter, Tami Stelk, Margaret Landis, Dr. Robert Leslie, and Gary Quandt were in attendance. Supervisor Abernethy discussed the County budget guidelines. Health Director Ray Rabe presented an overview of the proposed Health Department budget, and indicated that it would be necessary to implement a tuberculosis prevention program and consider a new facility in the near future. Supervisor Margaret Landis briefly discussed the current status of the CAAP Reuse Committee. The joint City-County meeting recessed at 7:55 p.m. The Special City Council Study Session reconvened at 8:00 p.m. Review of Proposed 1995-1996 Annual Budget. The City Council reviewed a list of discussion items from the budget, beginning with construction of a fourth fire station. Councilmember Preisendorf suggested the station be for emergency medical service only. The Council took a consensus vote and directed staff to budget $350,000 for the construction of a fourth fire station. Councilmember Murray indicated the need to address staffing. Consensus of the Council was to staff the station with six individuals. Discussion was held on the addition of Water Park slides. Interim City Administrator Bennett noted that the funding would come from aquatic reserves, not tax dollars. Mayor Gnadt and Councilmembers Solt, Sorensen, Mehring, Lueth, and Kehm opposed construction of additional slides. Councilmembers Johnson, Preisendorf, Hosier, Murray, and Seifert favored construction for the 1997 season. The Council discussed funding for the Heritage Zoo and decided to continue $100,000 with the stipulation that they would begin negotiations in April 1996, to consider a "weaning" process and possible requirements for appropriation of City funds. Mrs. Betty Wieseman, 623 East Memorial Drive, spoke in support of adding slides at the Water Park. Lewis Kent, 624 East Meves, spoke against a decontamination bay in the fourth fire station, an din support of an additional Police car. I I I The meeting recessed at 10: 12 p.m. The Special City Council Study Session reconvened on Thursday, May 25, at 6:00 p.m., with all Councilmembers except Sorensen present. Review of Proposed 1995-1996 Annual Budget. Interim City Administrator Wayne Bennett reviewed the deficit score sheet. Parks and Recreation Director Steve Paustian presented a timetable for construction of a Water Park slide. Vern Voss spoke in opposition to City salaries. ADJOURNMENT: The meeting was adjourned at 6:50 p.m. Respectfully submitted, ~ ,.' [1M/A,J! U~IWI~ cind;~J ~~right City Clerk fi&t~~~ Kelly DiMartino Acting City Clerk I I I CITY OF GRAND ISLAND OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL SPECIAL STUDY SESSION May 25, 1995 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 on May 25, 1995. Notice of the meeting was give in the Grand Island Independent on May 20, 1995. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Hosier, Johnson, Kehm, Lueth, Murray, Preisendorf, Mehring, Seifert, and Solt. City Officials present were Interim City Administrator Wayne Bennett and City Clerk Cindy K. Cartwright. Review of Proposed 1995-1996 Annual Budget. Mayor Gnadt and the City Council completed their discussion on the budget review list. Mayor Gnadt presented "Another Point of View" to be published in the Grand Island Independent in response to an article on the salary levels of City employees. Finance Director Chuck Haase presented information regarding City salaries, and indicated that $87,631 could be reduced from the projected budget due to the average turnover rate. Louise Miller, 1104 West Charles St., spoke about City employees and their salaries. M.D. Bahensky, 4251 Branding Iron Court, spoke in opposition to funding the zoo and about City salaries. Vern Voss commented on City salaries. Bryan Stutzman, 4220 Vermont, spoke in support of adequate staffing at the fourth fire station. Bob Meyer, 648 East Memorial Drive, spoke on the city sales tax. John Mayer, 4342 Sherwood and Don Koskovich, 4331 Kay, spoke in support of the fourth fire station. Larry Nelson, 1426 Sheridan Place, provided information on the decontamination and staffing levels for the fire station. ADJOURNMENT: The meeting adjourned at 9:00 p.m. Respectfully submitted, n ~ ) ~'\'\ClLI V~,~..tL\t ill \' jlA- ' Cindy K. JCartwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL SPECIAL STUDY SESSION May 26, 1995 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 on May 26, 1995. Notice of the meeting was given in the Grand Island Independent on May 21, 1995. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Hosier, Johnson, Lueth, Murray, Preisendorf, Mehring, Seifert, and Solt. Kehm and Sorensen were absent. The following City Officials were present: Interim City Administrator Wayne Bennett, and City Clerk Cindy Cartwright. Review of Proposed 1995-1996 Annual Budget. The City Council completed discussion on a list items from the budget. A decision was made to continue funding for the RSVP program. Steve Paustian, Parks and Recreation Director, answered questions relative to parks funding. Paustian noted that funding had been reduced for general maintenance and cautioned the Council that citizens may notice the decreased maintenance. Councilmember Solt suggested postponing the purchase of vehicles for one year. Cheryl Philbeck, Marketing Specialists, reported on the results from the survey that Marketing Specialists had conducted relative to tax increase for the operation of a fourth fire station. Bob Hays, 4311 Lariat Lane, Bryan Stutzman, 4220 Vermont Avenue, MD Bahensky, 4251 Branding Iron Court, Glendale Reiss, 910 North Boggs, Rita Hays, 4311 Lariat Lane, Colleen Stutzman, 4220 Vermont Avenue, John Mayer, 4342 Sherwood Road, Lewis Kent, 624 East Meves, John Gericke, 523 West Hedde, Frank Chalupa, 2503 Commerce Avenue, spoke on the fire station issue. Recess taken from 9:00 p.m. to 9:22 p.m. Wayne Bennett, Interim City Administrator, noted that potential funds existed in the equipment replacement revolving fund which had been set up for the purchase of new equipment for upcoming years. Mr. Bennett noted that the fund amount was $145,229 which could be used to fund the three firefighters ($84,348) and the comprehensive fire services study. Councilmember Murray noted that funding the three positions would be difficult in future years. Councilmember Solt recommended the consultant work directly work the Council and Mayor. Bob Hays, 4311 Lariat Lane, Glendale Reiss, 910 North Boggs, and Rita Hays, 4311 Lariat Lane, spoke in opposition to a consultant. Councilmember Preisendorf suggested the new City Administrator, Mr. Iman, might have some input on the issue. Consensus of the Council was to construct the fourth fire station prior to a study being completed. Councilmember Solt noted that it might be necessary to increase property tax asking to 4 % to provide additional funding. An informal consensus was taken to increase property tax rate to 4 % . I I I Page 2, City Council Special Study Session, May 26, 1995 Adjournment: The meeting was adjourned at 10:30 p.m. Respectfully submitted, Ull{}I!;J 1/. ~iU~h11 jki- Cmdy K.~rtwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL SPECIAL MEETING May 30, 1995 Pursuant to due call and notice thereof, a Special Meeting of the City Council of the City of Grand Island was conducted in the Council Chambers of City Hall on May 30, 1995. Notice of the meeting was given in the Grand Island Independent on May 19, 1995. Mayor Gnadt called the meeting to order at 7:05 p.m. The following members were present: Mayor Gnadt, Councilmembers Hosier, Johnson, Lueth, Kehm, Sorensen, Murray, Preisendorf, Mehring, Seifert, and Solt. The following City Officials were present: Interim City Apministrator Wayne Bennett, City Clerk Cindy Cartwright, and Assistant City Attorney Lisa Thayer. APPROVAL OF MINUTES: Motion by Lueth, second by Preisendorf, carried unanimously to approve the minutes of the May 22, 1995 City Council Regular Meeting, the May 23, 1995 City Council Special Study Session, the May 24, 1995 City Council Special Study Session, and the May 25, 1995 City Council Special Study Session. PROCLAMATION: City Clerk Cindy Cartwright reported that June 3-10, 1995 had been proclaimed National Garden Week. PUBLIC HEARING: Craig Lewis, Building Inspections Director, reported that Mr. Thomas Anderson had submitted an application for a Conditional Use Permit for the temporary placement of a mobile home at 2915 South Locust Street to be used as a watchman's quarters. Earl Ahlschwede, representing Mr. Anderson, spoke in support of the request. No other testimony was heard. REQUESTS AND REFERRALS: Appointments to Fire Services Committee. Mayor Gnadt reported that he had pulled this item from the agenda. Approval of Request for Conditional Use Permit. Motion by Mehring, second by Seifert, carried unanimously to approve the request of Mr. Thomas Anderson for a Conditional Use Permit for the temporary placement of a mobile home at 2915 South Locust Street to be used as a watchman's quarters. It was noted that the permit would be issued for a two year time period only. Request of Grand Island/Hall County Conventions and Visitors Bureau for Use of Public Streets. Motion by Murray, second by Lueth, carried unanimously to approve the request of the Grand I I I Page 2, City Council Special Meeting, May 30, 1995 Island/Hall County Conventions and Visitors Bureau for use of the public streets for the Nebraska Pharmacists Association's Fun Run/Walk on Saturday, June 10, 1995. RESOLUTIONS: #95-141 - Approving Fiscal Year 1995-1996 Annual Budget and Program of Municipal Services. Mayor Gnadt reported that the proposed Fiscal Year 1995-1996 Annual Budget was submitted for approval and that the budget contained funding for construction of a fire station, three additional firefighters, and the purchase of fire services equipment. Motion by Preisendorf to adopt #95-141 with the deletion of the one quarter time salary in the Economic Development fund. Councilmember Murray seconded the motion. Councilmember Murray moved to retain the funding for the quarter time salary in Economic Development. Second by Johnson. Upon roll call vote, Murray, Johnson, and Lueth voted aye. Preisendorf, Sorensen, Seifert, Solt, Hosier, Kehm, and Mehring voted nay. Motion failed. Discussion was held on the comprehensive fire services study. Councilmember Seifert spoke in support of a Resolution noted the proposed construction and completion date of the fourth fire station. Councilmember Mehring spoke in support of a salary freeze. Chuck Haase, Finance Director, noted that the Personnel Rules would need to be amended to address a salary freeze, and explained that all funding for step increases had been removed. Gene McCormick, 707 South Pleasantview, Jackie Pielstick, 722 East 7th, Roberta Kay Collins, south of Division Street, Jim Sander, 218 North Harrison, Glendale Reiss, 910 North Boggs, Bob Hays, 4311 Lariat Lane, Jim Dramse, 660 N Faidley Court, John Mayer, 4342 Sherwood Road, Louise Miller, 1104 West Charles, Rita Hays, 4311 Lariat Lane, Margaret Landis, 5301 West Capital Avenue, and MD Bahensky, 4351 Branding Iron Court, spoke on the issue. Chuck Haase, Finance Director, reviewed the tax cuts the City had taken in recent years. Mayor Gnadt spoke on the benefits of the Comprehensive Fire Services Study. Councilmember Murray noted that fire services were an important issue but stated that ongoing funding was equally important. Councilmember Johnson spoke in support of public service improvements in the Capital Heights area but stated that determination of available resources was needed. Roll call vote was taken on the motion to adopt the budget. Upon roll call vote, Johnson, Preisendorf, Murray, and Kehm voted aye. Lueth, Hosier, Mehring, Seifert, Sorensen, and Solt voted nay. Motion failed. Approving Transfer of Keno Satellite Agreement to BSY Hub. Inc. Mike Johnson, attorney, reported that an assignment of the keno satellite agreement with Rod Huebner, dba Hub Lounge, to the BSY Hub, Inc., and approval of the BSY Hub, Inc. as a satellite keno location, was recommended inasmuch as Mr. Huebner had sold the establishment to the BSY Hub, Inc. Motion by Solt, second by Seifert, carried unanimously to approve. Resolutions Establishing Fees. Motion by Solt, second by Seifert, carried unanimously to table action on the establishment of fees for 1995-1996. ORDINANCES: I I I Page 2, City Council Special Meeting, May 30, 1995 Ordinances Establishing Fees. Motion by Solt, second by Mehring, carried unanimously to table action on the establishment of fees for 1995-1996. PUBLIC DISCUSSION OF NON AGENDA ITEMS: Roberta Kay Collins, south of Division Street, spoke on salaries and trash pickup. Gene McCormick, 707 South Pleasantview, spoke on conflict of interest. ADJOURNMENT: The meeting was adjourned at 8:55 p.m. Respectfully submitted, CU\C~t 1\ ~ [\,cdvv Z;h+ Cindy K. Cartwright City Clerk CITY OF GRAND ISLAND I OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL SPECIAL MEETING June 5, 1995 Pursuant to due call and notice thereof, a Special Meeting of the City Council of the City of Grand Island was conducted in the Council Chambers of City Hall on June 5, 1995. Notice of the meeting was give in the Grand Island Independent on June 2, 1995. Mayor Gnadt called the meeting to order at 6:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Kehrn, Lueth, Murray, Preisendorf, Seifert, and Solt. Councilmember Johnson arrived at 6: 17 p.m. Hosier and Mehring were absent. City Officials present were Interim City Administrator Wayne Bennett, City Clerk Cindy K. Cartwright and City Attorney Keith Sinor. APPROVAL OF MINUTES: Motion by Solt, second by Preisendorf, carried unanimously to approve the minutes of the May 26, 1995 City Council Special Study Session and the May 30, 1995 City Council Special Meeting. I RESOLUTIONS: #95-150 - Approving Construction of Capital Heights Area Fire Station. Councilmember Seifert moved to adopt Resolution #95-150 which designated the property at State Street as the site for Fire Station #4. Mr. Seifert noted that the budget provided funding for construction and operation of the fourth fire station and that the City's plans did not include closing of the Broadwell Station. Second by Kehrn. Councilmember Sorensen questioned the response time to the northwest area. Bryan Stutzman, firefighter, reported that the time would be approximately four minutes. Glendale Reiss, 910 North Boggs, spoke in opposition to the location. Lewis Kent, 624 East Meves, and Roberta Kay Collins, 1003 West Louise Street, spoke in support of the location. Upon roll call vote, all voted aye. Motion adopted. ORDINANCES: Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that the ordinances numbered: #8100 - Approving 1995-1996 General City Property Tax Asking #8101 - Approving 1995-1996 Annual Appropriation I be considered for final passage on the same day upon reading by number only, and then placed on final passage, and that the City Clerk be permitted to call out the number of the Ordinance on its first and final reading and then upon final passage, and call for a roll call vote on each I I I Page 2, City Council Special Meeting, June 5, 1995 reading and final passage. Councilmember Seifert seconded the motion. Upon roll call vote, all voted aye. Motion adopted. Councilmember Sorensen moved to amend the budget to reflect deletion of the quarter time position in the Economic Development fund. Second by Preisendorf. Upon roll call vote, Kehm, Preisendorf, Sorensen, and Seifert voted aye. Lueth, Johnson, Solt, and Murray voted nay. Motion failed. 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. Clerk: Ordinances #8100, and #8101 on their first reading. All those in favor of the passage, answer roll call. Upon roll call vote, Preisendorf, Lueth, Johnson, Kehm, Seifert, and Solt voted aye. Sorensen and Murray voted nay. Motion adopted. Clerk: Ordinances #8100 and #8101 on their final passage. All those in favor of the passage of the ordinances on final passage, answer roll call. Upon roll call vote, Preisendorf, Lueth, Johnson, Kehm, Seifert, and Solt voted aye. Sorensen and Murray voted nay. Motion adopted. Mayor: By reason of the roll call votes on the first and final passage of said ordinances, Ordinance #8100 and #8101 are declared to be lawfully passed and adopted upon publication as required by law. RESOLUTIONS: #95-143 - #95-149 - Fees Relative to 1995-1996 Annual Budget. Motion by Solt, second by Seifert, carried unanimously to adopt Resolutions #95-143 - #95-149 relative to fees for the 1995-1996 fiscal year. ORDINANCES: Councilmember Sorensen moved that the statutory rules requiring that ordinances be read by title on three different days be suspended and that ordinances numbered: #8102 - Amending Chapter 3 of City Code Relative to Alarm Fees #8103 - Amending Chapter 8 of City Code Relative to Building Permit Fees #8104 - Amending Chapter 10 of City Code Relative to Burial Space Fees #8105 - Amending Chapter 15 of City Code Relative to Electric Service Payments #8106 - Amending chapter 16 of City Code Relative to Inspection Fees #8107 - Amending Chapter 16 of City Code Pertaining to Fireworks Fees, Ambulance Service Fees, and Paramedic Service Rates #8108 - Amending Chapter 17 of City Code Pertaining to Garbage, Refuse, and Waste Materials #8109 - Amending Chapter 23 of City Code Pertaining to Occupation Tax for Solicitors I I I Page 3, City Council Special Meeting, June 5, 1995 #8110 - Amending Chapter 32 of City Code Pertaining to Pavement Cut Fees, Call Out Fee, and Fee for License Agreement be considered for final passage on the same day upon reading by number only, and then placed on final passage, and that the City Clerk be permitted to call out the number of the Ordinance on its first and final reading and then upon final passage, and call for a roll call vote on each reading and final passage. Councilmember Preisendorf seconded the motion. Upon roll call vote, all voted aye. Motion adopted. 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. Clerk: Ordinances #8102, #8103, #8104, #8105, #8106, #8107, #8108, #8109, and #8110 on their first reading. All those in favor of the passage, answer roll call. Upon roll call vote, all voted aye. Motion adopted. Clerk: Ordinances #8102, #8103, #8104, #8105, #8106, #8107, #8108, #8109, and #8110, on their final passage. All those in favor of the passage of the ordinances on final passage, answer roll call. Upon roll call vote, all voted aye. Motion adopted. Mayor: By reason of the roll call votes on the first and final passage of said ordinances, Ordinance #8102, #8103, #8104, #8105, #8106, #8107, #8108, #8109, and #8110 are declared to be lawfully passed and adopted upon publication as required by law. ADJOURNMENT: The meeting adjourned at 6:43 p.m. Respectfully submitted, ~]\ctv~ K~\ Ih ~~f- Cindy K. Cartwright City Clerk I I CITY OF GRAND ISLAND OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL STUDY SESSION June 5, 1995 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 on June 5, 1995. Notice of the meeting was give in the Grand Island Independent on May 31, 1995. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Kehm, Lueth, Murray, Preisendorf, Seifert, and Solt. Johnson, Hosier and Mehring were absent. City Officials present were Interim City Administrator Wayne Bennett, City Clerk Cindy K. Cartwright and City Attorney Keith Sinor. Discussion on Natural Gas Rate Increase. Councilmember Preisendorf reported that the Rate Area Committee for Grand Island, AIda, Kearney, and North Platte had recommended approval of a settlement with Northwestern Public Service, which had been negotiated through the consulting firm of Dahlen, Berg, and Company, as approved by the Nebraska Energy Office. Mr. Preisendorf noted that the settlement provided a substantial reduction from the rates originally proposed. It was noted that the rate increase originally proposed was approximately 14 % and the negotiated amount was 11 % and that this was to be the first rate increase in eight years. Approval of the negotiated rate was referred to the next Council meeting for action. Discussion on Request for Closing of Kennedy Drive. Wayne Bennett, Interim City Administrator, reported that residents had submitted a request for closing of Kennedy Drive and the placement of barricades at 10th Street due to the increase in traffic since the closing of Webb Road. Tom Nolan, 1025 North Kennedy Drive, Ron Adams, 3027 Colonial Lane, Steve Manning, 1203 Kennedy Drive, Connie Krebsbach, 1227 Kennedy Drive, Val Gontarek, 3203 Kennedy Way, Roberta Collins, 1003 West Louise Street, Carrie Gontarek, 3203 Kennedy Way, and Jerry Scheuler, 1219 North Kennedy Drive, spoke in support of the closing. Craig Merritt, 2302 West Faidley Street, and Penny Piper, 2302 West Faidley, spoke in opposition to the closing. Police Chief Gene Watson reported that enforcement efforts had been increased in the area but that there had not been a significant number of violators ticketed. Councilmember Preisendorf left the meeting at 7:50 p.m. Councilmember Kehm left the meeting at 7:55 p.m. Interim City Administrator Wayne Bennett reported that Webb Road remained on schedule with a completion date of early September. Mr. Nolan requested that additional speed checks be conducted.. Councilmember Solt spoke in support of utilizing a variety of enforcement efforts to control the problem. The Police Chief noted that the Police Department and the Public Works Department were committed to making the street safe. I ADJOURNMENT: The meeting was adjourned at 8:07 p.m. I I I Page 2, City CQuncil Study Session, June 5, 1995 Respectfully submitted, C~,() \ ~~it i\ l\ I\; '\ h.1/l GU- Cindy K. G~rtwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING June 12, 1995 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 on June 12, 1995. Notice of the meeting was given in the Grand Island Independent on June 7, 1995. Council President Dick Preisendorf called the meeting to order at 7:00 p.m. The following members were present: Council President Preisendorf, Councilmembers Lueth, Solt, Hosier, Kehm, Seifert, Sorensen, and Murray. Johnson and Mehring were absent, as was Mayor Gnadt. City Officials present were: Interim City Administrator Wayne Bennett, City Clerk Cindy Cartwright, and City Attorney Keith Sinor. APPROVAL OF MINUTES: Motion by Sorensen, second by Kehm, carried unanimously to approve the minutes of the June 5, 1995 City Council Special Meeting and the June 5, 1995 City Council Study Session. Glendale Reiss, 910 North Boggs, questioned the total 1995-1996 Annual Budget amount. PRESENTATIONS AND PROCLAMATIONS: City Clerk Cindy Cartwright reported that June 14, 1995 had been proclaimed Flag Day; June 16, 1995 had been proclaimed Day of the African Child; and June 11-17, 1995 had been proclaimed Hand Therapy Public Awareness Week. Councilmember Solt and Ethnic Festival Director Diane Haney recognized students from Seedling Mile School for their contributions to the Central Nebraska Ethnic Festival. BOARD OF EQUALIZATION: Motion by Kehm, second by Lueth, carried unanimously to adjourn to the Board of Equalization. #95-BE-007 - Business Improvement District #1. Dianne Kelley, Downtown Development Director, reported that in its capacity as the Board of Equalization, it was necessary for the City Council to consider the assessment of the special tax levy associated with Business Improvement District #1. Ms. Kelley noted that this District was established in 1985 and was designed to provide administrative services associated with operational and promotional matters of concern to the Downtown area. Ms. Kelley explained that for the fourteen month 1995-1996 Fiscal Year, the proposed assessment is $0.4219 per $100 of assessed valuation which compared to the twelve month level of $0.3541 and represented a total increase in district revenue of $10,933. Lou Kroeger, representing the Fraternal Order of Eagles, spoke in opposition to the assessments. Motion by Murray, second by Solt, to approve #95-BE-007. Upon roll call vote, Lueth, Hosier, Solt, Preisendorf, Murray, and Kehm voted aye. Sorensen and Seifert voted nay. Motion adopted. I I I Page 2, City Council Regular Meeting, June 12, 1995 RETURN TO REGULAR SESSION: Motion by Solt, second by Kehm, carried unanimously to return to Regular Session. PUBLIC HEARINGS: Public Hearing on Request for Change of Land Use Designation for Property Located on the South Side of State Street. approximately 550 feet west of U.S. Highway 281. Craig Lewis, Building Inspections Director, reported that Mr. Milan Bish, on behalf of Tree Houses, Inc., had submitted a request to rezone property located on West State Street (lots 1, 2, 3, 4, 5, and 6 of Cherry Tree Villa Subdivision), from an IR4" (High Density Residential) Zone to a IB2" (General Business) Zone. Mr. Bish spoke in support of the request. No further public testimony was heard. Public Hearing on Request of Central Waste Sanitation. Inc.. 1215 East Highway 30. for Conditional Use Permit for Recycling/Paper Baling. Operation. Craig Lewis, Building Inspections Director, reported that Mr. Doug Luth and Mr. Rick Johnson, owners of Central Waste Sanitation, Inc., 1905 Holland Drive, had submitted an application for a Conditional Use Permit for a recycling/paper baling operation at 1215 East Highway 30. Mr. Lewis noted that a Conditional Use Permit was required by the Zoning Code. Mr. Luth spoke in support of the request. No further public testimony was heard. Public Hearing on Request of The Salvation Army. 818 West Third Street. for a Conditional Use Permit for the Construction of a Building for Housing of Vehicles. Craig Lewis, Building Inspections Director, reported that Captain Kevin VanZee, Commanding Officer of the Salvation Army, 818 West Third Street, had submitted an application for a Conditional Use Permit for the construction of a building on the property at 817 West South Front Street for housing of vehicles. Mr. Lewis noted that a Conditional Use Permit was required by the Zoning Code. Captain Van Zee spoke in support of the request. No further public testimony was heard. DISCUSSION AND INFORMATION ITEMS: Discussion on Request of Ted Robb and Gary Caruthers. 2811 South Locust Street. for Purchase of the North Half of Roush Road. on the north side of the Racquet Club. Steve Paustian, Parks and Recreation Director, reported that at the City Council Meeting of April 24, 1995, City Council approved the vacation of Roush Lane, and that Mr. Ted Robb, 2811 South Locust Street, and Mr. Gary Carothers, 312 East Brookline Drive, had submitted an offer to purchase the north half of Roush Road, on the north side of the Racquet Club. Mr. Paustian noted that Mr. Robb and Mr. Carothers proposed to expand the lot they recently purchased that was located adjacent to and north of the lane, and noted that the Parks and Recreation Department had reviewed the request and recommended approval, contingent upon the buyers paying all fees associated with the purchase, including the cost to replat the City's property. Motion by Seifert, second by Solt, carried unanimously to approve the request, contingent upon recommendations set forth by Mr. Paustian. I Page 3, City Council Regular Meeting, June 12, 1995 Discussion on Requirements Relative to Garbage Containers. Ray Rabe, Health Department Director, reported that Ms. Roberta Kay Collins, 1003 West Louise Street, had submitted a request for discussion relative to garbage containers and had suggested that an amendment to the City Code be made to provide for the placement of all household trash in tied plastic bags prior to placement in trash containers. Mr. Rabe noted that Ms. Collins also recommended requiring the trash containers to have lids which snap onto the container. Lewis Kent, 624 East Meves, spoke in support. Motion by Solt, second by Seifert, to request the Legal Department to send letter to property owners to come into compliance with City Code. Motion carried unanimously. Discussion on Kennedy Drive Traffic Enforcement Efforts. Discussion was held on the efforts being made to address resident concerns regarding the traffic and traffic enforcement on Kennedy Drive. Councilmember Kehm moved to remove the traffic barrier and to not put up stop signs. Second by Hosier. Councilmember Murray spoke in support of the approach the City was taking by the additional police patrol and the barricades. Councilmembers Kehm and Hosier withdrew their motion. Tom Nolan, 1025 North Kennedy Drive, spoke in support of the barricades and requested that they be provided for an additional length of time. Councilmember Murray moved to leave the enforcement to the Police Chief and determination and placement of barricades to the Public Works Director at their discretion. Sharon Nolan, 1025 North Kennedy Drive, spoke on the issue. Upon roll call vote, Councilmembers Lueth, Hosier, Kehm, Murray, Sorensen, and Preisendorf voted aye. Solt and Seifert abstained. Motion adopted. I REQUESTS AND REFERRALS: Receipt of Official Documents. Motion by Sorensen, second by Solt, carried unanimously to approve the minutes of the Fire/Police Pension Meeting of March 8, 1995, the minutes of the Regional Planning Commission Meeting of May 3, 1995, the minutes of the Communications- Civil Defense Committee Meeting of May 23, 1995, and the minutes of the Regional Planning Commission Meeting of May 30, 1995. I Approving Request of Neil Early for Liquor Manager Designation for Super BowL 1010 East Bismark Street. Motion by Solt, second by Sorensen, carried unanimously to approve the request of Neil Early as Liquor Manager for Super Bowl, 1010 East Bismark Street. Approving Request of Vickie Burkes for Liquor Manager Designation for 7-Eleven Store #210, 2322 South Locust Avenue. Motion by Solt, second by Sorensen, carried unanimously to approve the request of Vickie Burkes as Liquor Manager for 7-Eleven #210, 2322 South Locust Avenue. Approving Request of Edgar Young for Liquor Manager Designation for Grand Island Bottle Shop, 1711 West Second Street. Motion by Solt, second by Sorensen, carried unanimously to approve the request of Edgar Young as Liquor Manager for Grand Island Bottle Shop, 1711 West Second Street. I I I Page 4, City Council Regular Meeting, June 12, 1995 Approving Request of Mr. and Mrs. Wade West. 916 North Sycamore Street, for License Agreement for Use of City Property for Parking. Bud Buettner, Assistant Public Works Director, reported that Mr. and Mrs. Wade West, 916 North Sycamore Street, had submitted an application for a License Agreement to allow for encroachment onto a public right-of-way for parking of their vehicles. Mr. Buettner noted that the Public Works Department was recommending denial of the request. Motion by Sorensen, second by Solt to approve. Councilmember Murray spoke in opposition to the request, citing potential blight to area. Upon roll call vote, Councilmembers Lueth, Hosier, Preisendorf, Solt, Seifert, Sorensen, and Kehm voted aye. Councilmember Murray voted nay. Motion adopted. Approving Request of Lil' Cow Pokes, 310 North Piper Street. for License Agreement for Placement of Steps in Public Right of Way. Bud Buettner, Assistant Public Works Director, reported that Mr. Vito Cejauskas, owner of Lil' Cow Pokes, 310 North Piper, had submitted an application for a License Agreement to allow for encroachment onto a public right-of-way for placement of steps, and that the Public Works Department was recommending approval inasmuch as the elevation of the building was higher than the top of the curb, and installation of a sidewalk from the curb to the conventional sidewalk would be unsafe. Motion by Sorensen, second by Solt, carried unanimously to approve. Approving Request of Mr. and Mrs. Darren Findley, 518 East CapitaL for Use of City Property for Cattle Grazing. Bud Buettner, Assistant Public Works Director, reported that Mr. and Mrs. Darren Findley, 518 East Capital Avenue, Lot #21, had submitted an application for a License Agreement to allow for the use of the public right-of-way in the Capital Avenue out flow ditch, from east of the Union Pacific Spur Line tracks east to Sky Park Road, for the grazing of cattle. Motion by Sorensen, second by Solt, carried unanimously to approve. Approving Dissolution of Subdivision Improvements Advisory Committee. Motion by Seifert, second by Kehm, carried unanimously to approve the dissolution of the Subdivision Improvements Advisory Committee inasmuch as the mission of the Subdivision Improvements Advisory Committee, which was created on April 10, 1995 to address further Council assistance in encouraging additional new subdivision developments had been completed. Approving Request of Central Waste DisposaL Inc.. for a Conditional Use Permit for a Recycling/Paper Baling: Operation at 1215 East U.S. Highway 30. Motion by Solt, second by Seifert, carried unanimously to approve the request of Central Waste Disposal for a Conditional Use Permit for a Recycling/Paper Bailing Operation at 1215 East U.S. Highway 30, contingent upon the following conditions: 1) There shall be no outside storage of collected paper or other material unless such material is surrounded by a sight-obscuring fence; 2) That the provisions of the new landscaping ordinance shall be required and installed by the owner within six months of completion of the highway construction adjacent to the property; and 3) That precautions should be provided to prevent/control loose debris on the property. Approving Request of The Salvation Army, 818 West Third Street. for a Conditional Use Permit for Construction of a Building to House Vehicles. Motion by Solt, second by Seifert, carried I I I Page 5, City Council Regular Meeting, June 12, 1995 unanimously to approve the request of The Salvation Army for a Conditional Use Permit for construction of a 30' x 60' building on the property at 818 West Third Street to house vehicles. Upon roll call vote, Hosier, Kehm, Solt, Preisendorf, Sorensen, Murray, and Seifert voted aye. Lueth abstained. Motion adopted. Approving Request of T & R Bait Shop for Use of Citv Property for Bait Sales. Steve Paustian, Parks and Recreation Director, reported that Terry Martian, owner of T & R Bait Shop, 513 East Depot, Dannebrog , Nebraska, 68831, had submitted a request for the use of City property, at L.E. Ray Park and the Super Cell when it opened to the public, for operation of a mobile bait unit to provide for the sale of bait. Motion by Seifert, second by Lueth, carried unanimously to approve the request, with the owner assuming responsibility for maintenance and clean up of the bait sales operation. Approving Request of the Arthritis Foundation for Use of City Streets for 1995 Jingle Bell Run and Walk. Cindy Cartwright, City Clerk, reported that Ms. Kim Heier, Branch Development Director for the Arthritis Foundation, had submitted a request to utilize certain streets for the Fourth Annual Jingle Bell Run and Walk for Arthritis to be held on Sunday, December 3, 1995, from 1:00 p.m. to 2:00 p.m. Motion by Sorensen, second by Kehm, carried unanimously to approve. Approving Appointment to Police Pension Committee. Motion by Solt, second by Sorensen, carried unanimously to appoint Mr. John Gericke, 523 Hedde Street, to the Police Pension Committee to complete the unexpired term of Doug Kruse, who resigned. Approving: Request for Expansion to Oak Ridge Estates Mobile Home Park. Craig Lewis, Building Inspections Director, reported that Mr. Bob Connelly, owner of Oak Ridge Estates Mobile Home Park, 5020 West Highway 30, had submitted a request to install three additional mobile home spaces at Oak Ridge Estates Mobile Home Court. Mr. Lewis noted that the Council had taken no action at the time the request was initially submitted due to the non availability of information relative to refuse storage and collection for the Park. Mr. Lewis explained that Mr. Connelly had submitted a written policy regarding refuse collection and was again requesting the expansion. Motion by Kehm, second by Murray, to approve the request. Mr. Robert Connelly, 5020 West Highway 30, spoke in support of the request. Upon roll call vote, Lueth, Hosier, Preisendorf, Kehm, Seifert, Sorensen, and Murray voted aye. Solt voted nay. Motion adopted. RESOLUTIONS: #95-152 - Approving Final Plat and Subdivision Agreement for Raymond burl Industrial Park West Subdivision. It was noted that Hooker Brothers, Inc., 2510 South North Road, owners, had submitted the final plat for the Raymond Burl Industrial Park West Subdivision, a 14.128 acre tract of land located on the west side of North Road, approximately 1/2 mile south of Stolley Park Road, and that the Subdivision consisted of three lots, with each lot larger than four and one-half acres in size. Motion by Kehm, second by Solt, carried unanimously to approve. I I I Page 6, City Council Regular Meeting, June 12, 1995 #95-153 - Approving Pinal Plat and Subdivision Agreement for Deadwood Subdivision. It was noted that Mr. D. Dean Rainforth, 4012 North Regal Drive, owner, had submitted the final plat for the Deadwood Subdivision, an 11.808 acre tract of land located on the east side of Johnstown Road, immediately south of Arch Avenue, and that the subdivision consisted of six lots, ranging in size from 22,600 square feet to approximately five acres. Motion by Kehm, second by Solt, carried unanimously to approve. #95-154 - Approving Pinal Plat and Subdivision Agreement for Schuchman Subdivision. It was noted that Mr. Arnold C. Schuchman, 1221 South Shady Bend Road, owner, had submitted the final plat for the Schuchman Subdivision, a 2.424 acre tract of land located on the east side of Shady Bend Road, approximately 3/8 mile south of Bismark Road, and that this one lot subdivision would allow for the sale of an existing dwelling unit from the remaining farm land. Motion by Kehm, second by Solt, carried unanimously to approve. #95-155 - Approving Discontinuation of Street Improvement District #1197. Chanticleer Street from Wyandotte Street to Holcomb Street. Bud Buettner, Assistant Public Works Director, reported that on April 24, 1995, the City Council adopted Ordinance #8082 establishing Street Improvement District #1197, in order to provide paving on Chanticleer Street, from Wyandotte Street to Holcomb Street, and that the 20-day period during which time affected property owners could file objections to the creation of said district had passed with more than 50 % of the property owners filing objections. It was noted that therefore the district needed to be discontinued. Motion by Solt, second by Murray, carried unanimously to approve. #95-156 - Approving Change Order #5 for Webb Road Widening Proiect. Bud Buettner, Assistant Public Works Director, reported that the State Department of Roads had developed Change Order #5 for the Webb Road Widening Project which provides for reconstructing manholes, flat slab top. Mr. Buettner noted that the Change Order would result in a net increase of $1,281 to the contract amount. Motion by Seifert, second by Solt to approve. Upon roll call vote, Lueth, Hosier, Solt, Murray, Kehm, Seifert, and Sorensen voted aye. Preisendorf voted nay. Motion adopted. #95-157 - Awarding Bid for Meters and Miscellaneous Electrical Items. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for meters and miscellaneous electrical items to serve the Utility Department, Electric Line Division, and that bids had been submitted by five vendors offering pricing for eight electrical line items; however, four of the line items could be awarded without City Council action as the total award to each individual bidder was less than $10,000. Ms. Griffiths reported that the low responsive bidder for the remaining four electrical line items was Dutton Lainson of Hastings in the amount of $12,156.50. Motion by Seifert, second by Kehm, carried unanimously to award the bid to Dutton Lainson. #95-158 - Awarding Bid for Cooling Tower Bypass Piping System. Purchasing Agent Beth Griffiths reported that the Purchasing Division had received bids for the purchase of a cooling tower bypass piping system to serve the Utility Department, Platte Generating Station, and that I I I Page 7, City Council Regular Meeting, June 12, 1995 one bid had been submitted by Psychometric Systems of Lakewood, Colorado, in the amount of $47,009. Motion by Seifert, second by Kehm, carried unanimously to award the bid to Psychometric Systems. #95-159 - Awarding Bid for Nozzle Platte Repair/Installation. Purchasing Agent Beth Griffiths reported that the Purchasing Division had received bids for the furnishing and replacing of nozzle plates to serve the Utility Department, Platte Generating Station, and that one bid had been received, from General Electric of Omaha, in the amount of $277,244. Motion by Seifert, second by Kehm, carried unanimously to award the bid to General Electric. #95-160 - Awarding Bid for Business Alley Improvement Proiect 95-UG-1. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for Business Alley Improvement Project 95-UG-1 to serve the Utilities Department, Engineering Division, and that one bid had been received, from Diamond Engineering of Grand Island, in the amount of $69,854.39. Motion by Seifert, second by Kehm, carried unanimously to award the bid to Diamond Engineering #95-161 - Awarding Bid for Miscellaneous Control Cabinets. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for miscellaneous control cabinets pertaining to the Control System Upgrade Project to serve the Utility Department, Platte Generating Station, and that five bids had been received; however, one bid could not be considered because of improper bid security. Ms. Griffiths noted that the four remaining bids ranged from $161,912 to $280,900, after evaluation and that the low responsive bid had been submitted by Keystone Electrical Manufacturing Company of Des Moines, Iowa, in the amount of $161,912. Motion by Seifert, second by Kehm, carried unanimously to award the bid to Keystone Electrical Manufacturing Company. #95-162 - Awarding Bid for Comprehensive Park Facility and Recreational Programming Plan. Beth Griffiths, Purchasing Agent, reported that on February 20, 1995, the City Council adopted Resolution #95-41, which provided funding in the amount of $50,000 for a Comprehensive Park Facility and Recreational Programming Plan, and that the Parks and Recreation Department had received proposals for the plan. Ms. Griffiths noted that three proposals had been received; however, one proposal was not considered as the bidder failed to address many of the required elements of the plan in their proposal. It was noted that after evaluation it was recommended that Council approve the proposal of Winston Associates of Boulder, Colorado for a not-to- exceed total cost of $49,013. Motion by Seifert, second by Kehm, carried unanimously to approve. #95-163 - Awarding Bid for Land Survey for Fire Station #4. State Street Site. Beth Griffiths, Purchasing Agent, reported that on March 13, 1995, the Purchasing Division received proposals, and subsequently awarded a contract, for land survey services relative to the new fire station site on 13th Street and North Road. Ms. Griffiths explained that due to the relocation of Fire Station #4 to the State Street site, additional land survey services were required, and Benjamin & Associates had agreed to hold the unit prices as proposed in March while performing the same I I I Page 8, City Council Regular Meeting, June 12, 1995 scope of work on State Street. Ms. Griffiths noted that it was anticipated that the total cost would be less than the previous not-to-exceed total of $600. Motion by Seifert, second by Kehm, carried unanimously to approve. #95-164 - Awarding Bid for Soil Investigation and Engineering Services for Fire Station #4. Beth Griffiths, Purchasing Agent, reported that on March 13, 1995, the Purchasing Division had received proposals for soil investigation and engineering services relative to the new fire station site on 13th Street and North Road, and that the contract had been awarded to Geotechnical Services, Inc., of Grand Island for the not-to-exceed amount of $1,465. Ms. Griffiths explained that due to the relocation of Fire Station #4 to the State Street site, additional soil investigation and engineering services were required, and Geotechnical Services, Inc. had agreed to hold the unit prices as proposed in March while performing the same scope of work at State Street. It was noted that the anticipated cost would be less than the previous not-to-exceed total of $1,465. Motion by Seifert, second by Kehm, carried unanimously to approve. #95-165 - Approving Change Order to Fire Station #4 Architectural Agreement. Fire Chief Jim Rowell reported that on October 24, 1994, the City entered into a contract with Willis and Associates to provide for architectural services for the design of Fire Station #4, in a not to exceed amount of $24,000. Mr. Rowell noted that changes in the scope of the fourth Fire Station project, such as the removal of the third apparatus bay and redesign of the site to a smaller area, had created additional work for the architect. It was reported that the expected Change Order amount would be less than $10,000. Motion by Seifert, second by Solt, carried unanimously to approve. #95-166 - Clarifying Location for Handicapped Parking Stalls at the Corner of Fifth Street and Cedar Street. Bud Buettner, Assistant Public Works Director, reported that the City Council, at the Regular Meeting of May 22, 1995, adopted Resolution #95-139, approving handicapped parking designations for parking stalls located at the corner of Fifth Street and Cedar Street to serve Trinity United Methodist Church, 511 North Elm Street, but that the Resolution did not clearly state the location of the parking stalls. Mr. Buettner reported that the correct location should have been: 1) Three diagonal parking stalls for cars be designated for handicapped parking only of Fifth Street, starting just west of the east corner of Trinity United Methodist Church, and continuing west, and 2) One parallel van parking stall be designated for handicapped parking only on Cedar Street, starting north of the south corner of Trinity United Methodist Church, going north. Motion by Solt, second by Sorensen, carried unanimously to approve. #95-167 - Approving Referral to Regional Planning Commission of Subdivision Plat for State Subdivision (Fire Station #4). It was reported that in conjunction with the construction of the State Street Fire Station, it was necessary to subdivide the property that had been designated for the State Street Fire Station, and that the request for the proposed subdivision and consideration of Grand Island's Capital Improvement property should be referred to the Regional Planning Commission for hearing and recommendation. Motion by Solt, second by Sorensen, carried unanimously to approve. I I I Page 9, City Council Regular Meeting, June 12, 1995 #95-168 - Approving Amendmentto 1994-1995 Annual Budget. Bob Thomas, Assistant Finance Director, reported that the Finance Department had prepared a number of revisions to the Fiscal Year 1994-1995 Annual Budget to reflect the actual and projected costs associated with various projects and activities that differ from the level anticipated in the original document. It was noted that the Budget Amendment related to backflow prevention requirements for the Parks and Recreation facilities. Motion by Seifert, second by Solt, carried unanimously to approve. #95-169 - Amending Hours of Operation at L.E. Ray Park. Steve Paustian, Parks and Recreation Director, reported that at the City Council Meeting of May 22, 1995, Council approved amending the hours of operation at L.E. Ray Park to provide for fishing during the hours of midnight to 6:00 a.m., and that the amendment provided for removing the curfew for pedestrians at L.E. Ray Park and maintaining the closing of L.E. Ray Park to vehicular traffic from midnight to 6:00 a.m. Mr. Paustian explained that inasmuch as Section 24-5 of the City Code provided for the establishment of curfews for City parks, including L.E. Ray Park, the Resolution would need to be rescinded. Motion by Sorensen, second by Solt, carried unanimously to approve. #95-170 - Amending Personnel Rules Relative to Family Medical Leave Act Provisions. Lisa Thayer, Assistant City Attorney, provided information on the Family and Medical Leave Act which required the City to allow employees who have worked for the City at least twelve months and who have worked 1250 hours in the prior year to take up to twelve weeks unpaid leave for specific, designated reasons. Ms. Thayer reported that the Act also required the City to maintain the employee's pre-existing group health insurance coverage during FMLA leave, to restore the employee to the same or similar position upon the conclusion of FMLA leave, and to amend its Personnel Rules to include FMLA entitlement and employee obligation. Ms. Thayer stated that an Amendment to the Personnel Rules and Regulations as set forth in attachment 3 was recommended. Motion by Sorensen, second by Solt, carried unanimously to approve. ORDINANCES: Councilmember Sorensen moved that the statutory rules requiring that ordinances be read by title on three different days be suspended and that ordinances numbered: #8111 - Approving Downtown Business and Improvement District # 1 Assessments #8112 - Approving Downtown Improvement and Parking District #1 #8113 - Amending Chapter 29 of City Code Relative to Fees for Temporary Food Booths #8114 - Creating Sanitary Sewer Extension District for West Basin Interceptor #8115 - Approving Natural Gas Rate Increase Compromise #8116 - Amending Chapter 26 of City Code Relative to Permit Fees #8117 - Approving Conveyance of Homestead Property at 817 East Seventh Street #8118 - Approving Change of Land Use Designation for Property Located on the South Side of State Street, approximately 550 feet west of U. S. Highway 281 I I I Page 10, City Council Regular Meeting, June 12, 1995 be considered for final passage on the same day upon reading by number only, and then placed on final passage, and that the City Clerk be permitted to call out the number of the Ordinances on their first and final reading and then upon final passage, and call for a roll call vote on each reading and final passage. Councilmember Seifert seconded the motion. Upon roll call vote, all voted aye. Motion adopted. Discussion was held on Ordinance #8111. Lou Kroeger, representing the Fraternal Order of Eagles, spoke in opposition to the assessments. Motion by Seifert to table adoption of Ordinances #8111 and #8112. Second by Kehm. After further discussion, Councilmember Kehm withdrew his second and the motion to table died for lack of a second. Clerk: Ordinances #8111, #8112, #8113, #8114, #8115, #8116, #8117 and #8118 on their first reading. All those in favor of the passage of the ordinances, answer roll call. Upon roll call vote, Lueth, Preisendorf, Hosier, Kehm, Solt, and Murray voted aye. Sorensen voted nay. Councilmember Seifert voted nay on Ordinances #8111 and #8112 and aye on #8113, #8114, #8115, #8116, #8117 and #8118. Motion adopted. Clerk: Ordinances #8111, #8112, #8113, #8114, #8115, #8116, #8117 and #8118 on their final passage. All those in favor of the passage of the ordinances on final passage, answer roll call. Upon roll call vote, Lueth, Preisendorf, Hosier, Kehm, Solt, and Murray voted aye. Sorensen voted nay. Councilmember Seifert voted nay on Ordinances #8111 and #8112 and aye on #8113, #8114, #8115, #8116, #8117 and #8118. Motion adopted. Council President: By reason of the roll call votes on the first and final passage of said ordinances, Ordinances #8111, #8112, #8113, #8114, #8115, #8116, #8117, and #8118, are declared to be lawfully passed and adopted upon publication as required by law. PAYMENT OF CLAIMS: Motion by Solt, second by Seifert, carried unanimously to approve the claims in the amount of $2,660,685.38 as presented by the City Clerk. Solt abstained from voting on Claim #31231 and Claim #31241. Preisendorf abstained from voting on Claim #031117, and #031065. ADJOURNMENT: The meeting was adjourned at 8:52 p.m. Respectfully submitted, /(,7 ,,\/,/., '. 'k (!it~( hl.1/7 ;A'+ ljl) L/C[ Cindy K. Cartwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING June 26, 1995 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 on June 26, 1995. Notice of the meeting was given in the Grand Island Independent on June 21, 1995. Council President Dick Preisendorf called the meeting to order at 7:00 p.m. The following members were present: Council President Preisendorf, Councilmembers Lueth, Johnson, Hosier, Kehm, Seifert, Murray and Sorensen. Mayor Gnadt, and Councilmembers Solt, Mehring were absent. The following City Officials were present: Interim City Administrator Wayne Bennett, City Clerk Cindy Cartwright, and City Attorney Keith Sinor. PLEDGE OF ALLEGIANCE was said, followed INVOCATION given by City Clerk Cindy Cartwright. APPROVAL OF MINUTES: Motion by Sorensen, second by Kehm, to approve the minutes of the June 12, 1995 City Council Regular Meeting. Roberta Kay Collins, 1003 West Louise, and Glendale Reiss, 910 North Boggs, spoke on the minutes. Upon roll call vote, Councilmembers Lueth, Hosier, Preisendorf, Kehm, Seifert, Murray and Sorensen voted aye. Johnson abstained. Motion adopted. PUBLIC HEARINGS: Public Hearing on Request for Conditional Use Permit for Placement of Modular Horse Buildings and Equipment. Linda Hokanson, Regional Planning, reported that Mr. Richard Hiser, president of Rich and Sons, Inc., 5112 South Antelope Drive, had submitted an application for a Conditional Use Permit for the placement of modular horse buildings and equipment on the property at 5112 South Antelope Drive. Ms. Hokanson noted that this property was in a B2 (General Business) Zone and was outside the corporate limits, but within the City's two-mile extraterritorial jurisdiction. No public testimony was heard. Public Hearing on Request of Community Development for Disaster Funding to Assist in Wood River Project. Jerri Garroutte, Community Development Director, reported that the Nebraska Department of Economic Development was accepting applications for assistance through its Community Development Block Grant Disaster Recovery Program, and that the grant was available to local governments affected by flood and storms of 1993. Mrs. Garroutte explained that the Community Development Department had prepared a proposal to submit a grant application seeking $1,423,200 for acquisition of land which was needed for construction of the Warm Slough/Wood River Diversion Channel, which would mitigate areas affected by the 1993 I I I Page 2, City Council Regular Meeting, June 26, 1995 flood. It was noted that no matching funds would be involved and no displacement of persons would occur as a result of this grant. Paul Hamilton, 305 Cherokee, Louise Miller, 1104 West Charles, and John Wagoner, 1711 South Harrison, spoke in opposition to the application. Public Hearing on Proposed Construction of Fire Station on State Street. Fire Chief Jim Rowell reported that a Public Hearing was required to receive public comment relative to the construction of the Fire Station to be located on State Street. Mr. Rowell noted that the proposed .69 acre site would provide fire services to the northwest area. Glendale Reiss, 910 North Boggs, Paul Hamilton, 305 Cherokee, Kay Collins, 1003 West Louise, and Lewis Kent, 624 East Meves, spoke on the issue. REQUESTS AND REFERRALS: Receipt of Official Documents. Motion by Murray, second by Johnson, carried unanimously to receive and place on file the minutes of the Library Board Meeting of May 1, 1995 and the Minutes of Downtown Improvement Board Meeting of May 16, 1995. Approving Request of Jeff Jones for License Agreement for Placement of Fence in Right of Way. 1936 West 11th Avenue. Bud Buettner, Assistant Public Works Director, reported that Mr. and Mrs. Jeffrey Jones, 1936 West 11th Avenue, had submitted an application for a License Agreement to provide for the continuous placement of a split rail fence in the public right-of- way. Mr. Buetter reported that the fence, which had been erected at the back of the curb, forced people who park in the area to exit and enter their vehicles from the traffic side. Jeff and Carrie Jones spoke in support of the application. Councilmember Murray moved to approve the request for a License Agreement for placement of the fence four feet back from the curb. Second by Seifert. Upon roll call vote, Lueth, Johnson, Hosier, Preisendorf, Kehm, Seifert, and Murray voted aye. Sorensen voted nay. Motion adopted. Approving: Request of H & H Partnership. 3248 West Second Street. for License Agreement for Paving: over Public Right of Way. Bud Buettner, Assistant Public Works Director, reported that Audrey Hoch, representing H & H Partnership, 3248 West Second Street, had submitted an application for a License Agreement to allow paving over an existing right-of-way, and that the area to be paved was between two driveways. Motion by Murray, second by Sorensen, carried unanimously to approve. Approving Request of Downtown Retailers to hold Annual Sidewalk Sale on July 8. 1995. Motion by Sorensen, second by Seifert, carried unanimously to approve the request of the Downtown Promotions Committee to close Third Street from Pine Street to Cedar Street and the intersection streets of Locust Street and Wheeler Street, from the alley south of Third Street to the alley north of Third Street, with the north! south through street of Walnut Street to remain open and unobstructed, for the 54th Annual Downtown Sidewalk Sale to be held on Saturday, July 8, 1995 from 7:00 a.m. to 5:00 p.m. I I I Page 3, City Council Regular Meeting, June 26, 1995 Approving Request of Rich and Sons. Inc. for Conditional Use Permit for Placement of Modular Horse Buildings and Equipment. Motion by Sorensen, second by Seifert, carried unanimously to approve the request of Rich and Sons for a Conditional Use Permit for the placement of modular horse buildings and equipment at 5112 South Antelope Drive. It was noted that approval was given for the display of only one of each of the proposed buildings for a two year period. Approving Request of Lisa Francis for Liquor Manager for Pizza Hut. 1608 South Locust Street. City Clerk Cindy Cartwright reported that Ms. Lisa A. Francis, 1524 Coventry Lane, #9, had submitted an application for a Liquor Manager Designation associated with Pizza Hut, 1608 South Locust Street. Motion by Sorensen, second by Lueth, carried unanimously to approve. Approving Request ofWestering Distributing Company. Inc.. 3554 West Stolley Park Road. for Wholesale Liquor License. Motion by Sorensen, second by Lueth, carried unanimously to approve the request of Westering Distributing Company, Inc., 3554 West Stolley Park Road, for a Wholesale Liquor License. Approving Request of William Westering. 2015 West John Street. for Liquor Manager for Westering Distributing Company. Inc. Motion by Sorensen, second by Lueth, carried unanimously to approve the request of Mr. William B. Westering, 2015 West John Street, for a Liquor Manager Designation associated with Westering Distributing Company, Inc., 3554 West Stolley Park Road. Approving Referral to Regional Planning Commission of Rezoning Request of Menards for Property Located on the West Side of Highway 281 Between Menards and Capital Avenue. Motion by Sorensen, second by Seifert, carried unanimously to refer the request of Menards, 4777 Menard Drive, Eau Claire, Wisconsin, for rezoning of a parcel of property located on the west side of Highway 281 between Menards Building Supply Outlet Store and Capital Avenue from a "TA" (Transitional Agriculture) zoning district to a "B2" (General Business) zoning district to the Regional Planning Commission for a Public Hearing and recommendation. Approving Request of Shawn Flamig for Use of City Property for Operation of Concession Stand at L. E. Ray Park. Motion by Kehm, second by Seifert, carried unanimously to approve the request of Ms. Shawn Flamig, 3105 West North Front Street, for operation of a concession stand in the L.E. Ray Park bathhouse building from July 1, 1995 through August 31, 1995. Steve Paustian, Parks and Recreation Director, reported that Ms. Flamig would pay $35 a month, with both months payable on August 1, 1995. The motion included the requirement that Ms. Flamig be responsible for litter control. Approving Appointment to Animal Advisory Board. Motion by Kehm, second by Seifert, carried unanimously to approve the appointment of Ms. Nadine Mathews for an additional term on the Animal Advisory Board. It was reported that Ms. Mathews' term will be for three years. RESOLUTIONS: I I I Page 4, City Council Regular Meeting, June 26, 1995 #95-171 - Approving Amendment to Contract for Wastewater Treatment Plant Expansion Proiect. Bud Buettner, Assistant Public Works Director, reported that on March 9, 1992, the City entered into an agreement with CH2M Hill for professional services relative to engineering services for the construction of the Wastewater Treatment Plant Expansion Project. Construction of the facility commenced in Spring of 1994, and is expected to be completed in the Winter of 1995. Mr. Buettner noted that the proposed Amendment would authorize CH2M Hill to provide and program process operations software for the Wastewater Treatment Plant and that the additional engineering work was expected to cost $19,900, however, other savings in the original contract offset that amount, so there was no increase in the Professional Services total contract costs as a result of the Amendment. Motion by Sorensen, second by Murray, carried unanimously to approve. #95-172 - Approving Change Order to Wastewater Treatment Plant Expansion Contract. Bud Buettner, Assistant Public Works Director, reported that the Public Works Department had developed Change Order #6 for the Wastewater Treatment Plant Expansion Project which provided for 12 changes and clarifications to the specifications. Mr. Buettner noted that the net cost of the change order was $29,869 which will be taken from the Change Allowance so that there would be no increase in the contract amount. Motion by Sorensen, second by Murray, carried unanimously to approve. #95-173 - Approving Time Extension to Tennis Court Asphalt Overlay Resurfacing Proiect. Steve Paustian, Parks and Recreation Director, reported that Mr. Ron Baldwin, representing J.I.L. Asphalt Paving Company, had requested that the City extend the completion date on asphalt resurfacing project for the tennis courts located at Ryder Park and the Racquet Center due to the wet spring. Motion by Seifert, second by Johnson, carried unanimously to approve. #95-174 - Approving Certificate of Final Completion for Asphalt Maintenance Proiect 94-AC-l. Bud Buettner, Assistant Public Warks Director, reported that the Public Works Department had recommended that the Certificate of Final Completion be issued for Asphalt Maintenance Project 94-AC-1. Mr. Buettner noted that the work consisted of milling off the existing surface and placing new asphalt on Broadwell between Second Street and College Street; Broadwell Avenue between Capital Avenue and the Burlington Northern Railroad; Fonner Park Road from Pleasantview Drive to Stuhr Road; the southbound lane on Eddy Street from 11th Street to south of Tenth Street; and South North Road from Husker Highway to Stolley Park Road. Motion by Seifert, second by Johnson, carried unanimously to approve. #95-175 - Approving Amendment to 1994-1995 Annual Budget. Chuck Haase, Finance Director, and Ray Rabe, Health Department Director, reported that the Health Department Director had requested amendments to the Fiscal Year 1994-1995 Annual Budget to reflect the actual and projected costs associated with various projects and activities that differed from that anticipated in the original document. Mr. Rabe noted that an Agreement dated August 19, 1986 organizing the Grand Island-Hall County Health Department required approval from the City Council and County Board when any action requiring the expenditure of funds differ from the approved budget. Motion by Johnson, second by Seifert, carried unanimously to approve. I I I Page 5, City Council Regular Meeting, June 26, 1995 #95-176 - Approving: Request of Community Development Department for Program Extension to 1993 Housing Program. Jerri Garroutte, Community Development Director, requested that the City allow a six month extension on the 1993 Housing Program 93-HO-002, to do housing rehabilitation, acquisition, demolition, clearance, and disposition. Ms. Garroutte noted that the grant was for a 24 month time period and was awarded on July 15, 1993, however, inclement weather, unanticipated bidding problems,and the inability to locate affordable contractors, caused a delay on the projects. Motion by Lueth, second by Seifert, carried unanimously to approve. #95-177 - Awarding: Bid for Valve Inspection. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for valve inspection of the turbine generator to serve the Utility Department, Platte Generating Station, and that four bids had been received, ranging from $11,521 to $17,775. Ms. Griffiths noted that the low bid could not be considered as it did not include all specified costs, the next low bids were nonresponsive as the firms did not demonstrated compliance with the specified technical requirement, and therefore, the G E Power Generation of Omaha, Nebraska, bid in the amount of $17,775 was considered to be the only responsive bid. Motion by Sorensen, second by Murray, carried unanimously to award the bid to G E Power Generation. #95-178 - Awarding Bid for Blast Clean Precipitator. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for blast cleaning the electrostatic precipitator to serve the Utility Department, Platte Generating Station, and that three bids had been received, ranging from $18,550 to $31,432.50. Ms. Griffiths noted that the low bid had been submitted by Winters & Merchant of South Sioux City, Nebraska in the amount of $18,550. Motion by Sorensen, second by Murray, carried unanimously to award the bid to Winters & Merchant. #95-179 - Awarding Bid for Burner Corner Air Compartment Equipment. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for burner corner air compartment equipment to serve the Utility Department, Platte Generating Station, and that one bid had been received, from ABB Combustion Engineering of Phoenix, Arizona, in the amount of $16,703.90, including tax. Motion by Sorensen, second by Murray, carried unanimously to award the bid to ABB Combustion Engineering. #95-180 - Awarding Bid for Annual Renewal of Hardware and Software Maintenance on Library Computer System. This item was pulled from the agenda. #95-181 - Awarding Bid for Street Improvement Proiect No. 1. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for Street Improvement Project No.1, 1995 to serve the Public Works Department, Engineering Division. It was noted that Street Improvement Project No.1, 1995 consisted of two sections. Section 1 included six districts: #1184 - Hall Street from Eugene Street to Pleasantview Drive; #1191 Pleasantview Drive from Fonner Park Road to Dodge Street; #1193 -Manchester Road from North Road to 513 feet west; #1194 - Sacramento Circle west off of North Road; #1195 - Boston Circle west off of North Road; #1196 -Norseman Avenue from North Road to 494 feet west; and Section I I I Page 6, City Council Regular Meeting, June 26, 1995 2 included #95-P-3A - 12th Street from Poplar Street to Beal Street; #95-P-3B - 13th Street from vacated Poplar Street to Beal Street; and #95-P-3C - Beal Street from 12th Street to 14th Street. Ms. Griffiths noted that one bid had been submitted from Diamond Engineering of Grand Island, in the amount of $547,579.32. Motion by Sorensen, second by Murray, carried unanimously to approve. #95-182 - Awarding Bid for Concrete Division. Streetscape Proiect. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the Streetscape Project, Concrete Division, to serve the Downtown Development Department, and that three bids had been received, ranging from $7,245 to $26,775. Ms. Griffiths noted that the low bid had been submitted by OK Paving of Grand Island in the amount of $7,245. Motion by Sorensen, second by Murray, carried unanimously to award the low bid to OK Paving. #95-183 - Awarding: Bid for Tree and Soil Division. Streetscape Proiect. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the Streetscape Project, Tree and Soil Division, to serve the Downtown Development Department, and that two bids had been received, $15,907.50 and $17,010. Ms. Griffiths noted that the low bid had been submitted by Plant Island of Grand Island in the amount of $15,907.50. Motion by Sorensen, second by Murray, carried unanimously to award the low bid to Plant Island. #95-184 - Awarding: Bid for Tree Grate Division. Streetscape Proiect. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the Streetscape Project, Tree Grate Division, to serve the Downtown Development Department, and that three bids had been received, ranging from $284 to $413 per tree gate. Ms. Griffiths noted that the low bid had been submitted by Deeter Foundry, Lincoln, Nebraska, in the amount of $284 per unit, and that using an estimated quantity of 60 to 70 units, the low bid would result in a total cost of $19,800. Motion by Sorensen, second by Murray, carried unanimously to award the low bid to Deeter Foundry. #95-185 - Awarding Bid for Overhead Lights for Police Cars. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had submitted a request for the purchase of twelve sets of overhead lights for use by the Police Department through the State of Nebraska Contract. Ms. Griffiths explained that purchasing from State contracts met all statutory bidding criteria and saved the City time and money. It was recommended that the purchase be awarded to Law Enforcement Equipment Company of Kansas City, Missouri, in the amount of $11,580. Motion by Sorensen, second by Murray, carried unanimously to award the bid to Law Enforcement Company. #95-186 - Approving Change Order to Sanitary Sewer District #476T. Platte Valley Industrial Park. Bud Buettner, Assistant Public Works Director, reported that the Public Works Department had developed Change Order #2 for Sanitary Sewer District #476T, which provided for minor changes to work performed on the extension of sewer to Cleary Corporation at the Platte Valley Industrial Park and resulted in a net increase of $200 to the contract amount. Motion by Sorensen, second by Johnson, carried unanimously to approve. I I I Page 7, City Council Regular Meeting, June 26, 1995 #95-187 - Approving Certificate of Final Completion and Setting Date for Board of Equalization for Sanitary Sewer District #476T. Platte Valley Industrial Park. Bud Buettner, Assistant Public Works Director, reported that Diamond Engineering Company of Grand Island, had completed the construction work associated with Sanitary Sewer District #476T, which consisted of a 24" sanitary sewer line beginning at Rae Road on the west side of U.S. Highway 281 and proceeding approximately 4,800 feet south to the Platte Valley Industrial Park. Mr. Buettner noted that in its capacity as the Board of Equalization, it was necessary for the City Council to consider assessment of benefits associated with Sanitary Sewer District #476T, and July 24, 1995, was recommended for the hearing. Motion by Sorensen, second by Johnson, carried unanimously to approve. #95-188 - Approving Community Development Grant Application for Disaster Funds. Jerri Garroutte, Community Development Director, reported that the Resolution provided for the submittal of required documents in support of the Community Development Block Grant application for disaster funds. John Wagoner, 1711 South Harrison, spoke on the issue. Motion by Johnson, second by Seifert, carried unanimously to approve. #95-189 - Approving Contract with Community Humanitarian Resources Center. Lisa Thayer, Assistant City Attorney, reported that at the City Council Study Session of February 27, 1995, the Council discussed the allocation of $10,000 to the Community Humanitarian Resource Center, Inc. to be used toward the development and construction of a permanent, transitional housing facility for the temporary homeless in Grand Island. Ms. Thayer noted that the City was authorized by State Statute to establish and provide for the support of housing for the poor/homeless, and could contract with the Community Humanitarian Resource Center, Inc. to perform these services. Ms. Thayer added that the Agreement stated that the funding would be used to pay architectural fees to design the building, which would be located on the southwest corner of the intersection of Ninth Street and White Avenue. Motion by Murray, second by Johnson, carried unanimously to approve. #95-190 - Approving Confirmation of Use of State Street Property for Construction of Fire Station #4. Motion by Seifert, second by Sorensen, carried unanimously to confirm the use of State Street property for the construction of Fire Station #4. ORDINANCES: Councilmember Sorensen moved that the statutory rules requiring that ordinances be read by title on three different days be suspended and that ordinance numbered: #8119 - Amending Chapter 17 of City Code Relative to Municipal Solid Waste be considered for final passage on the same day upon reading by number only, and then placed on final passage, and that the City Clerk be permitted to call out the number of the Ordinance on its first and final reading and then upon final passage, and call for a roll call vote on each I I I Page 8, City Council Regular Meeting, June 26, 1995 reading and final passage. Councilmember Murray seconded the motion. After inviting questions or comments and there being none, Council President Preisendorf called for a roll call vote on the motion. Motion adopted. Clerk: Ordinance #8119 on its first reading. All those in favor of the passage of the ordinance, answer roll call. Upon roll call, all voted aye. Motion adopted. Clerk: Ordinance #8119 on final passage. All those in favor of the passage of the ordinance on final passage, answer roll call. Upon roll call, all voted aye. Motion adopted. Council President: By reason of the roll call votes on the first and final passage of said ordinance, Ordinance #8119 is declared to be lawfully passed and adopted upon publication as required by law. PAYMENT OF CLAIMS: Chuck Haase, Finance Director, reported that Claim #31552 was being removed from consideration for payment. Motion by Murray, second by Lueth, carried unanimously to approve the claims in the amount of $2,801,974.31, as presented by the City Clerk. Seifert abstained from voting on Claim #31734, and #31791. Preisendorf abstained from voting on Claim #31729. PUBLIC DISCUSSION OF NON AGENDA ITEMS: Lou Kroeger, representing the Fraternal Order of Eagles, spoke on the Downtown assessments. Kay Collins, 1003 West Louise Street, spoke on City employee salaries. John Wagoner, 1711 South Harrison, spoke on the Northwestern Public Service occupation tax. Louise Miller, 1104 West Charles, spoke on the trial of the former City Administrator. Paul Hamilton, 305 Cherokee, and Glendale Reiss, 910 North Boggs, spoke on the budget. Alice Neal, 1809 South Harrison, spoke in support of City staff. Lewis Kent, 624 East Meves, spoke in opposition to salary for new City Administrator. M.D. Bahensky, 4251 Branding Iron Court, spoke on the budget and plan for Fire Station #4. ADJOURNMENT: The meeting was adjourned at 9:00 p.m. Respectfully submitted, '~~ J\ wAVlp , Cindy K. Cartwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING July 10, 1995 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 on July 10, 1995. Notice of the meeting was given in the Grand Island Independent on July 5, 1995. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Johnson, Solt, Hosier, Preisendorf, Kehm, Mehring, Seifert, Murray and Sorensen were present. Councilmember Lueth was absent. The following City officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, Assistant City Attorney Lisa Thayer, and Public Works Director Wayne Bennett. PLEDGE OF ALLEGIANCE was said, followed by INVOCATION given by Reverend Michael Cole. APPROVAL OF MINUTES: Motion by Kehm' second by Murray, carried unanimously to approve the Minutes of the June 26, 1995 City Council Regular Meeting. PRESENTATIONS: Ms. Betty Curtis, Executive Director of the Clean Community System, presented the "Keep Nebraska Beautiful" Deenie Anderson Award for outstanding Community Environmental efforts for communities with a population of over 10,000, and the award for Community Environmental Awareness. Landfill Supervisor Gene Kramer was presented the Individual Environmental Award of Excellence for outstanding efforts in the field of environmental education. Mr. Roger Nygaard, President of Grand Island Chamber of Commerce, presented information on Grand Island's quality of life as reported by Dennis Donovan in the June, 1995 issue of the W orId Trade periodical. PUBLIC HEARING: Public Hearing on Request of Mr. Steven Hostler for Conditional Use Permit for Temporary Placement of Mobile Home at 4513 West Husker Highway. Mr. Steven Hostler, 4513 West Husker Highway, had submitted an application for a Conditional Use Permit to allow for the temporary placement of a mobile home at 4513 West Husker Highway until the construction of a new single family dwelling was completed. No public testimony was heard. Public Hearing on Request of Hoch. Inc.. dba H & H Distributing. 3242 West Second Street. for Addition to Liquor License Premises. City Clerk Cindy Cartwright reported that Mr. Harry I Page 2, City Council Regular Meeting, July 10, 1995 Hoch, Sr., President of Hoch, Inc., dba H & H Distributing, 3242 West Second Street, had submitted an application for an Addition to Premises Liquor License, in conjunction with the Class "W" Liquor License presently held, and stated that the addition was for the construction of a 70' by 125' building to be located approximately fifty yards away from the presently licensed area. The City Clerk presented the following exhibits for the record: Application submitted to the Liquor Control Commission and received by the City on June 23, 1995; Notice to the applicant of date, time, and place of hearing mailed on June 26, 1995; notice to public of date, time, and place of hearing published on June 30, 1995. No public testimony was heard. Public Hearing on Request of Menards for Change of Land Use Designation. Nelson Helm, Regional Planning Director, reported that Menards, Inc., 4777 Menard Drive, Eau Claire, Wisconsin, had submitted a request to rezone a parcel of property on the west side of Highway 281 between Menards, Inc. and Capital Avenue from a "TA" (Transitional Agricultural) Zone to a "B2" (General Business) Zone to provide for commercial development. No public testimony was heard. DISCUSSION AND INFORMATION ITEMS: Discussion on Parking: and Storage of Recreational V ehic1es on Private Property. This item was removed from the Agenda. I REQUESTS AND REFERRALS: Receipt of Official Documents. Motion by Sorensen, second by Preisendorf, carried unanimously to receive and place on file the minutes of the Civil Service Commission Meeting of May 18, 1995, and the minutes of the Grand Island Area Solid Waste Agency Meeting of June 26, 1995. I Approval of Request of Hoch. Inc.. 3242 West Second Street. for Addition to Premises Liquor License. Motion by Kehm, second by Sorensen, carried unanimously to approve the request of Hoch, Inc., dba H & H Distributing, located at 3242 West Second Street, for an Addition to Premises Liquor License. Approval of Request of Grand Island Liederkranz. 403 East First Street. for Special Designated Liquor License. Motion by Kehm, second by Sorensen, carried unanimously to approve the request of Mr. R. F. Schuessler, representing the Grand Island Liederkranz, located at 403 West First Street, had made application for a Special Designated Liquor Permit for Saturday, July 22, 1995, from 11:00 a.m. to 10:00 p.m., to provide for the sale of food, provide entertainment, and a dance. Approval of Request of Steven Hostler. 4513 West Husker Highway. for Conditional Use Permit for Temporary Placement of Mobile Home. Motion by Sorensen, second by Kehm, carried unanimously to approve the request of Steven Hostler, 4513 West Husker Highway, for a I I I Page 3, City Council Regular Meeting, July 10, 1995 Conditional Use Permit for the temporary placement of a mobile home for the period of one year. Approval of Request of Grand Island Kart and Cycle. 3630 South Locust Street. for Use of City Property for Motorcycle Rally. Motion by Sorensen, second by Johnson, carried unanimously to approve the request of Mr. LeRoy Kraft, Grand Island Kart and Cycle, 3630 South Locust Street, for the use of City property at Grace Abbott Park, located on State Street, for a motorcycle rally on July 16, 1995. Approval of Preliminary Study for Menard Second Subdivision. Nelson Helm, Regional Planning Director, reported that Menards, Inc., 4777 Menard Drive, Eau Claire, Wisconsin, had submitted a Preliminary Study for Menard Second Subdivision, a 47.98 acre tract of land located on the west side of Highway 281 between Menards and Capital Avenue. Mr. Helm noted that the Subdivision provided for thirteen lots ranging in size from approximately one to twenty eight acres. Motion by Seifert, second by Mehring, carried unanimously to approve. Approval of Capital Improvement Item - Fire Station #4. Nelson Helm, Regional Planning Director, reported that in accordance with State law, the Regional Planning Commission must review and make a recommendation to the City Council on capital improvement items, and that the Regional Planning Commission, at its meeting of July 5, 1995, voted unanimously to recommend that the proposed Fire Station #4, to be located on the north side of State Street, approximately 1/4 mile west of U.S. Highway 281, be approved as a capital improvement expenditure. Motion by Seifert, second by Preisendorf, carried unanimously to approve. Approval of Request of Central Nebraska Ethnic Festival for Street Closing for July 20. 1995 - July 23. 1995. Motion by Solt, second by Sorensen, carried unanimously to approve the request of Ms. Diane Haney, Central Nebraska Ethnic Festival Co-Chairperson, to utilize certain streets for the fifth annual Central Nebraska Ethnic Festival on Thursday, July 20, 1995, from 6:00 p.m. to Sunday, July 23, 1995, at 10:00 p.m. It was noted that the Committee was requesting that Third Street from North Walnut Street on the west to 100 feet east of the North Locust Street intersection on the east; the intersecting streets of North Locust Street and North Wheeler Street from the alley south of Third Street to the alley north of Third Street, be closed. Approval of Request of Cornerstone Communications. Inc.. 220 West Third Street. for Placement of Planters in Right of Way. Wayne Bennett, Public Works Director, reported that Mr. James Huebner, President of Cornerstone Communications, Inc., dba Huebner/Petersen Advertising-Nebraska, 220 West Third Street, had submitted an application for a License Agreement to allow for the construction of two brick planters in the public right-of-way at 218 West Third Street. Mr. Bennett noted that inasmuch as the proposed planters would extend 3 1/2 feet into the public sidewalk, denial was recommended. Jim Huebner, and Shane Petersen, spoke in support of the request. Motion by Sorensen, second by Preisendorf to approve. Upon roll call vote, Salt, Hosier, Seifert, Kehm, Sorensen, and Murray voted aye. Johnson abstained. Preisendorf and Mehring voted nay. Motion adopted. I I I Page 4, City Council Regular Meeting, July 10, 1995 Consideration of Request of Roy Evans Auto Sales. Inc.. 2305 West Third Street. for Placement of Fence in Right of Way. Wayne Bennett, Public Works Director, reported that Mr. Tony Heupel, representing Roy Evans Auto Sales, Inc., 2305 West Third Street, had submitted an application for a License Agreement to provide for the continuous placement of a stockade fence in the public right-of-way to keep the salvage cars on the property out of eye sight. Mr. Bennett noted that inasmuch as the effect would be just as effective if the fence were installed behind the property line and not in the public right-of-way, denial of the request was recommended. Motion by Seifert, second by Solt to approve. Tony Huepel, 603 West Charles, spoke in support of the request. After further discussion, the motion to approve and the second was withdrawn. motion by Murray, second by Mehring to deny the request as no hardship was shown. Motion by Johnson, second by Seifert, carried unanimously to table the application and to request additional information on the dimensions of the project. Motion adopted unanimously. RESOLUTIONS: #95-191 - Awarding Bid for Asphalt Maintenance Proiect 95-AC-1. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for a contract award for Asphalt Maintenance Project 95-AC-1, which included pricing for five sections in various locations, to serve the Public Works Department, Engineering Division. Ms. Griffiths noted that two bids had been received, $317,029.08 and $402,143.19, and that the low bid had been submitted by I.LL. Asphalt Paving Company of Grand Island in the amount of $317,029.08. It was noted that the City's portion of the contract was $254,986.14; the cost of the remaining section would be paid directly to the contractor by the County. Motion by Preisendorf, second by Murray, carried unanimously to award the low bid to I.LL. Asphalt Paving Company. #95-192 - Awarding Bid for Annual Renewal of Hardware and Software Agreement for Library Computer System. Beth Griffiths, Purchasing Agent, reported that the Edith Abbott Memorial Library was requesting Council approval of the annual maintenance agreement with Ameritech Library Services to serve as the maintenance source for the library's Dynix Automation System. Ms. Griffiths noted that the total system maintenance cost, from Ameritech Library Services of Chicago, Illinois, was $11,968.80, which included software and hardware maintenance. Motion by Preisendorf, second by Murray, carried unanimously to approve. #95-193 - Awarding Bid for Lighting Fixtures. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for six types of lighting fixtures as a part of the control system upgrade at Platte Generating Station, and that four bids had been received, ranging from $11,987.29 to $15,904.59. Ms. Griffiths noted that the specifications for these lighting fixtures were prepared to provide a room lighting designed for computer monitors and include fluorescent and incandescent fixtures, and stated that only one of the four bids met the specifications for the fluorescent fixtures, that being from Kriz Davis of Grand Island in the amount of $13,625.67. Ms. Griffiths added that two bidders provided compliant incandescent fixtures with the low bid from Dutton Lainson being less than $10,000 and therefore no Council action was required. Motion by Preisendorf, second by Murray, carried unanimously to award the low bid to Kriz Davis in the amount of $13,625.67. I I I Page 5, City Council Regular Meeting, July 10, 1995 #95-194 - Awarding Bid for Boiler Gas Path Cleaning. This item was removed from the agenda. #95-195 - Approving Emergency Procurement of Tractor Motor for Platte Generating Station Locomotive. Beth Griffiths, Purchasing Agent, reported that in accordance with the Procurement Code, regulations relative to procurement of emergency items, the City Council could, if deemed necessary and in the best interest of the City, waive the requirements for formal bidding, and allow for the purchase of items by such competition as is practical under the circumstances. Gary Mader, Utilities Director, reported that on July 6, 1995, one of the main traction motors for the Platte Generating Station locomotive became inoperable, and that operation of the locomotive was vital to maintaining coal delivery schedules at the power plant. It was reported that three repair quotes had been received. Motion by Preisendorf, second by Murray, carried unanimously to declare an emergency and authorize the purchase of a traction motor for the Platte Generating Station locomotive from the low bidder, Independent Locomotive Service, Inc. of Bethel, Minnesota, in the amount of $11,797.68. #95-196 - Approving Agreement with The Salvation Army Relative to Funding for Homeless Shelter. Lisa Thayer, Assistant City Attorney, reported that at the City Council Study Session of February 27, 1995, the Council discussed the allocation of $10,000 to the Salvation Army to be used toward the construction and remodeling of the Salvation Army's Center located at 818 West Third Street for sleeping rooms for the homeless. It was noted that the Salvation Army's facility would provide short term emergency lodging for single men and women and families and that the City was authorized by State Statute to establish and provide for the support of housing for the poor/homeless, and could contract with the Salvation Army to perform these services. Motion by Murray, second by Seifert, carried unanimously to approve. #95-197 - Approving Final Plat and Subdivision Agreement for Rapien Subdivision. Nelson Helm Regional Planning Director, reported that Mr. and Mrs. Randy Rapien, 130 South Main Street, owners, had submitted the final plat for Rapien Subdivision, a 3.770 acre tract of land located north of U.S. Highway 30, between Willow Street and Seedling Mile Road. Mr. Helm noted that this subdivision was within an existing "M2" (Heavy Manufacturing) Zone. Motion by Preisendorf, second by Seifert, carried unanimously to approve. #95-198 - Approving Final Plat and Subdivision Agreement for State Subdivision. Nelson Helm, Regional Planning Director, reported that the City of Grand Island had submitted the final plat for State Subdivision, a 0.723 acre tract of land located on the north side of State Street, approximately 1/4 mile west of U.S. Highway 281, and stated that this one lot subdivision was within an existing "B2" (General Business" Zone and would be the site for the proposed fourth fire station. Motion by Preisendorf, second by Seifert, carried unanimously to approve. #95-199 - Approving Amendment to 1994-1995 Annual Budget. Bob Thomas, Assistant Finance Director, reported that the Finance Department had prepared a number of revisions to the Fiscal Year 1994-1995 Annual Budget to reflect the actual and projected costs associated with various projects and activities for the Downtown Development Department that differ from the level I I I Page 6, City Council Regular Meeting, July 10, 1995 anticipated in the original document. Mr. Thomas noted that the revisions utilize contingency appropriations but do not increase the overall appropriation level. Motion by Preisendorf, second by Murray to approve. Upon roll call vote, Hosier, Johnson, Solt, Preisendorf, Kehm, Mehring, and Murray voted aye. Seifert abstained. Sorensen voted nay. Motion adopted. #95-200 - Approving Certificate of Final Completion for Television Inspection 95- TV-I. Sanitary Sewer District. Wayne Bennett, Public Works Director, reported that Johnson Service Company of Osceola, Nebraska, had completed the work provided for in the Television Inspection Project 95-TV-l, and stated that the work commenced on May 8, 1995, and was completed on June 9, 1995. Motion by Murray, second by Kehm, carried unanimously to approve. #95-201 - Approving: Certificate of Final Completion for Street Improvement District #1188. State Street. Wayne Bennett, Public Works Director, reported that Street Improvement District #1188 was created on September 27, 1993, and that improvements consisted of extending State Street to North Road, making a through street west of U.S. Highway 281, lining up with Cannon Road west of North Road, and making a direct link from the residential areas west of North Road to the commercial/retail areas east of U.S. Highway 281. Mr. Bennett noted that construction commenced on November 29, 1993, and was completed in June, 1995, and that it was appropriate to certify final completion and set a Board of Equalization hearing for the purpose of setting assessments. Motion by Seifert, second by Johnson, carried unanimously to approve. #95-202 - Setting Amended Date for Board of Equalization for Sanitary Sewer District #478. Faidley Avenue and Webb Road. and #473T. west of Webb Road and south of 13th Street. Wayne Bennett, Public Works Director, reported that on May 22, 1995, the City Council approved the Certificate of Final Completion for Sanitary Sewer District #478, Faidley Avenue and Webb Road, and #473T, west of Webb Road and South of 13th Street, and established the Board of Equalization hearing date as June 26, 1995. Mr. Bennett stated that due to an administrative oversight, the required notices were not mailed and it was necessary to reschedule the Board of Equalization for August 14, 1995. Motion by Solt, second by Preisendorf, carried unanimously to approve. #95-203 - Approving Agreement with Northwest Baseball/Softball Association for Provision of Baseball/Softball Programs. Steve Paustian, Parks and Recreation Director, reported that since 1984, the City of Grand Island had subsidized Northwest Baseball/Softball in the amount of $2,500, to provide baseball programs each year at City parks and to provide the necessary instructions, equipment, grounds, and maintenance personnel, league schedules, and other services relating to the implementation of the baseball program. Mr. Paustian noted that it was now advised that Council approval be given to formalize these arrangements. Motion by Sorensen, second by Seifert, carried unanimously to approve. Councilmember Seifert requested that the Parks Department look into the level of dirt and determine if fill needs to be increased. I I I Page 7, City Council Regular Meeting, July 10, 1995 #95-204 - Approving: Agreement with Third City Baseball. Inc. for Provision of Baseball Program. Steve Paustian, Parks and Recreation Director, reported that since 1984, the City of Grand Island had subsidized Third City Baseball, Inc., in the amount of $8,000, to provide baseball programs each year at City parks and to provide the necessary instructions, equipment, grounds, and maintenance personnel, league schedules, and other services relating to the implementation of the baseball program. Mr. Paustian noted that it was now advised that Council approval be given to formalize these arrangements. Motion by Sorensen, second by Seifert, carried unanimously to approve. #95-205 - Accepting Early Retirement Package for City Attorney. Mayor Gnadt reported that Resolution #95-205 provided for the approval of an early retirement package for City Attorney Keith Sinor, as negotiated by Mayor Gnadt and Mr. Sinor, and noted that if Council approved the early retirement package, Mr. Sinor's last day in the office would be Friday, July 14, 1995, with an effective retirement date of September 5, 1995. It was noted that the early retirement package included retaining Mr. Sinor for a period of two years for a sum of $18,000 per year. Motion by Seifert, second by Solt, to approve the early retirement package. Councilmember Johnson spoke in opposition to the two year retainer and made a friendly amendment to remove that provision. Councilmember Seifert accepted the friendly amendment. Councilmember Preisendorf noted the benefits of the two year retainer. Councilmember Solt spoke in support of the Mayor's negotiations with Mr. Sinor on the settlement and stated that he would withdraw his second to the approval motion if the friendly amendment was included. Councilmember Seifert then withdrew his support of the friendly amendment. Councilmember Johnson's friendly amendment died for lack of a second. Kay Collins, 1003 West Louise Street, spoke in support of maintaining Mr. Sinor on staff. Lewis Kent, 624 East Meves, spoke in support of Mr. Sinor. Roll call was then called on Councilmember Seifert's motion to adopt Resolution #95-205. Upon roll call vote, Solt, Hosier, Preisendorf, Kehm, Mehring, Murray, Seifert, and Sorensen voted aye. Johnson voted nay. Motion adopted. ORDINANCES: Councilmember Sorensen moved that the statutory rules requiring that ordinances be read by title on three different days be suspended and that ordinance numbered: #8120 - Approving Request of Menards for Change of Land Use Designation for the Property Located on the West Side of Highway 281 between Menards and Capital A venue from Transitional Agricultural to General Business be considered for passage on the same day upon reading by number only, and then placed on final passage, and that the City Clerk be permitted to call out the number of the Ordinance on its first and final 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 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. I I I Page 8, City Council Regular Meeting, July 10, 1995 Clerk: Ordinance #8120 on its first reading. All those in favor of the passage of the ordinance, answer roll call. Upon roll call, all voted aye. Motion adopted. Clerk: Ordinance #8120 on final passage. All those in favor of the passage of the ordinance on final passage, answer roll call. Upon roll call, all voted aye. Motion adopted. Mayor: By reason of the roll call votes on the first and final passage of said ordinance, Ordinance #8120 is declared to be lawfully passed and adopted upon publication as required by law. Councilmember Hosier left the meeting at 8:47 p.m. Councilmember Salt left the meeting at 8:47 p.m. Councilmember Johnson left the meeting at 9:09 p.m. PUBLIC DISCUSSION OF NON-AGENDA ITEMS: Kay Collins, 1003 West Louise Street, spoke on meeting procedures and the 1995-1996 Annual Budget. Ms. Collins presented several questions which Mayor Gnadt requested be submitted in writing. Dennis Benson, 1008 East Fifth Street, spoke on the City's weed ordinance relative to the Burlington Northern property. City Administrator Dale Iman noted that he had followed up on Mr. Benson's concerns with the Health Department and will send a letter to the railroad. Glendale Reiss, 910 North Boggs, spoke on the City of Lincoln's budget. Alice Neal, 1809 South Harrison, spoke in support of the City organization. Jerry Poels, 5020 West Highway 30, spoke on violations at Oak Ridge Estates Mobile Home Park. Kay Collins, 1003 West Louise Street, requested the resignations of various City officials and employees. Councilmember Seifert suggested that discussion be held at the next Study Session relative to Council Meeting Procedures and requested that consideration be given to the five minute limit allowed for public participation. PAYMENT OF CLAIMS: Motion by Kelnn, second by Seifert, to approve the claims in the amount of $2,653,841.05, as presented by the City Clerk. Councilmember Seifert abstained from voting on claim #32016. ADJOURNMENT: The meeting was adjourned at 9:20 p.m. Respectfully submitted, ~1\cW- k (11cr\Ni~ Cindy K. Cart~r~ht City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL STUDY SESSION July 17, 1995 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, on July 17, 1995. Notice of the meeting was given in the Grand Island Independent on July 12, 1995. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Lueth, Johnson, Solt, Hosier, Preisendorf, Kehm, Mehring, Seifert, 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 Lisa Thayer. Discussion on Oak Ridge Estates Mobile Home Park. Building Department Director, Craig Lewis, reported that after review of the documents provided by Jerry Poels relative to Oak Ridge Estates Mobile Home Park, it appeared that the City could address the concerns relating to parking of the mobile homes without the benefit of designated lots, and the frequency of trash collections, and that the other issues mentioned were of a civil nature. Jerry Poels, 5020 West Highway 30, spoke on the subject. Discussion on Council Meeting Agenda Relative to Public Discussion of Non Agenda Items. Councilmember Seifert recommended that changes be made to the Council Meeting Agendas in an effort to ensure that order was maintained at the meetings. Councilmember Johnson spoke in support of limiting discussion to agenda items and suggested that public discussion of non agenda items be submitted in advance. City Administrator Iman noted that the Council had adopted Rules and Procedures Governing Meetings in 1994 which addressed a majority of the concerns. Councilmember Solt suggested that inappropriate comments could be edited from the broadcast of the Council Meetings. Councilmember Kehm spoke in opposition to the editing of the tapes. Councilmember Murray suggested that the public discussion of non agenda items not be broadcast and to relocate that section to after payment of claims. Councilmember Johnson recommended that the Study Sessions be videotaped for rebroadcast. M. S. Hewitt, 200 Stoeger Drive, spoke in support of public input. Dennis Benson, 1008 East Fifth Street, spoke in opposition to the editing of the broadcasts. Jackie Pielstick, 722 East Seventh Street, spoke in support of the taping of Study Sessions and televising the public discussion of non agenda items. Kay Collins, 1003 West Louise Street, spoke in support of the public's right to voice opinions. Jeannie Kensinger, 2020 Prospect Drive, stated that the individuals creating disturbances should be addressed individually and not prevent citizens with real concerns from addressing the Council. Paul Hamilton, 305 Cherokee, stated that as a recipient of the Congressional Medal of Honor, he had fought for the right to free speech. Glendale Reiss, 910 North Boggs, I I I Page 2, City Council Study Session, July 17, 1995 questioned if elected officials were meeting with their constituents. Frank Chalupa, 2503 Commerce Avenue, questioned the Council's interest in public comments. Lewis Kent, 624 East Meves, spoke on free speech. It was determined that revisions to the Rules and Procedures Governing Meetings would be addressed at the next meeting. Discussion on Enforcement of Ordinance Relative to Mowing of Weeds. Ray Rabe, Health Department Director, provided information on the City's weed mowing ordinance and ordinance enforcement efforts relative to railroad property. Councilmember Preisendorf recommended that staff meet with representatives of the railroad to reach an understanding of expectations. City Administrator Dale Iman suggested that the railroad be contacted by letter with a copy forwarded to the State Senators. Paul Hamilton, 305 Cherokee, Edna Kelsey, 1522 East Seventh Street, Jerry Poe1s, 5020 West Highway 30, Bob Woodward, 2025 Lakewood Circle, Sharon Howk, 2833 Brentwood Boulevard, Bob Kensinsger, 4146 Arizona Avenue, Benny Campos, 621 Market Street, and Dennis Benson, 1008 East Fifth Street, spoke on the issue. Discussion on Property Maintenance Code Enforcement. Councilmember Seifert spoke on the need for a Code Enforcement Officer to address concerns about property maintenance, and asked that consideration of the addition of a Code Enforcement Officer, as well as a Personnel Director, be placed on the next Council Meeting agenda. Discussion on Enforcement of Expired or Non-Licensed Vehicles. Police Chief Gene Watson reviewed the regulations relative to the licensing of vehicles and noted that several changes would become effective January 1, 1996. Edna Kelsey, 1522 East Seventh Street, spoke on parking on streets during a snow emergency. Lewis Kent, 624 East Meves, spoke on the issue. Councilmember Sorensen left the meeting at 9: 10 p.m. Councilmember Solt left the meeting at 9: 11 p.m. Discussion on Concerns Relative to Drainage Ditch between Independence Avenue/Idaho Avenue and Arizona Avenue/Nevada Avenue. Wayne Bennett, Public Works Director, responded to concerns of Bob Kensinger, 4146 Arizona Avenue, relative to the drainage ditch. Mr. Kensinger requested that a culvert be installed. Councilmember Lueth noted that a portion of the problem resulted from an area farmer's irrigation. Mr. Bennett noted that the Natural Resources District had been given the authority under State Statutes to address irrigation run off. Councilmember Preisendorf requested that Mr. Bennett notify the NRD of the concerns. Sue Kensinger, 4146 Arizona Avenue, spoke on the issue. Adjournment. The meeting was adjourned at 9:38 p.m. I}yspeC~llY sUbmiRe. d, h. < /1 :-J- lAl~ " }( L:tthr w\;1 6 V~1 Cindy K. . a~t~t\ght City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING July 24, 1995 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 on July 24, 1995. Notice of the meeting was given in the Grand Island Independent on July 19, 1995. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Lueth, Johnson, Solt, Hosier, Preisendorf, Mehring, Seifert, and Murray. Councilmember Sorensen arrived at 7:10 p.m. Councilmember Kehm was absent. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, Acting City Attorney Lisa Thayer, and Public Warks Director Wayne Bennett. PLEDGE OF ALLEGIANCE was said, followed by INVOCA nON given by Captain Michael Vogler. APPROVAL OF MINUTES: Motion by Murray, second by Preisendorf, carried unanimously to approve the minutes of the July 10, 1995 City Council Regular Meeting and the minutes of the July 17, 1995 City Council Study Session. PRESENTATION: Diane Haney, Co Chairman of the Central Nebraska Ethnic Festival, reported on the success of the Fifth Annual Ethnic Festival. BOARD OF EOUALIZATION: Motion by Preisendorf, second by Murray, carried unanimously to adjourn to the Board of Equalization. #95-BE-008 - Sanitary Sewer District #476T. Platte Valley Industrial Park. Wayne Bennett, Public Works Director, reported that in its capacity as the Board of Equalization, it was necessary for the City Council to consider the assessment of benefits associated with Sanitary Sewer District No. 476T, Platte Valley Industrial Park. Mr. Bennett noted that Peggy Rae, owner of Block Two (2), Ponderosa Lake Estates, and Block Three (3), Ponderosa Lake Estates Third, had filed an objection to the proposed assessments. Vince Dowding, Attorney for Peggy Rae, stated that Ms. Rae had not understood the assessments would not be levied until the sewer was tapped. Mike Stauffer, 816 East 12th Street, spoke in opposition to the assessments. Councilmember Mehring questioned if the sanitary sewer was oversized. Motion by Johnson, second by Seifert, carried unanimously to approve #95-BE-008. Motion by Johnson, second by Mehring, carried unanimously to return to Regular Session. I I I Page 2, City Council Regular Meeting, July 24, 1995 PUBLIC HEARINGS: Public Hearing on Request of Eulen Whitten, 3234 Schimmer Drive, for Renewal of Conditional Use Permit for Temporary Placement of Mobile Horne. Craig Lewis, Building Inspections Director, reported that Eulen Whitten, 3234 Schimmer Drive, had submitted an application for the renewal of a Conditional Use Permit for the temporary placement of a mobile home at 3234 Schimmer Drive, to be used as a watchman's quarters. Mr. Lewis noted that this request was first granted by the City Council in 1980. Glendale Reiss, 910 North Boggs, spoke in support of the application. No further public testimony was heard. Public Hearing on Request of Eddie's Fast Gas & More, 417 North Sycamore Street. for Addition to Premises Liquor License. City Clerk Cindy Cartwright reported that Mr. Dave Starkostka, 2008 Stagecoach Road, dba Eddie's Fast Gas & More, 417 North Sycamore Street, had submitted an application for an Addition to Premises Liquor License, in conjunction with the Class "B" Liquor License presently held, and that the addition was for the construction of a 16' by 40' area to be used for storage. The City Clerk presented the following exhibits for the record: Application submitted to the Liquor Control Commission and received by the City on July 17, 1995; Notice to the applicant of date, time, and place of hearing mailed on July 15, 1995; Notice to the public of date, time, and place of hearing published on July 15, 1995; Chapter 4 of City Code; and Departmental reports as required by City Code. Danny Starkostka, 3719 Grand Avenue, Kearney, spoke in support of the application. No further public testimony was heard. Public Hearing: on Community Development Grant Application to Department of Economic Development for Assistance with Economic Development Activities. Jerri Garroutte, Community Development Director, reported that the Nebraska Department of Economic Development accepted applications through the Community Development Block Grant Program for grant funding to assist in the development of viable communities by providing decent housing, suitable living environments and expanding economic opportunities. Mrs. Garroutte noted that this objective was achieved by making grants to communities which are then loaned to qualifying Nebraska businesses which either create jobs or retain jobs for lower to moderate income Nebraskans. It was reported that the Community Development Department, in conjunction with their advisory committee, had prepared a proposed application seeking $61,500 to assist Latent Image Productions, Inc., a multi-media production company, owned by David and Harold Rosenkotter, and that the funding would be used for reimbursement of eligible working capital expenditures associated with the expansion of their sales and production facility. David Rosenkotter, 371 North Cleburn, spoke on the application. Councilmember Mehring questioned what the City's total risk would be. Harold Rosenkotter, 3115 Goldenrod Drive, spoke in support of the application and noted that the proceeds would be used for working capital. Michael Hooper, 1913 West Koenig Street, questioned the status of Nova Tech's loan. Councilmember Johnson asked that the status of the Nova Tech loan be provided. John Wagoner, 1711 South Harrison, spoke in opposition to the procedure used to accomplish the project. No further public testimony was heard. I I I Page 3, City Council Regular Meeting, July 24, 1995 DISCUSSION AND INFORMATION ITEMS: Discussion on Amending City Code Relative to Mobile Vending Vehicles. It was reported that Chapter 22, Section 84 of City Code set forth regulations relative to the use of public streets by vending vehicles, and that the Code provided that a mobile vending vehicle was prohibited from "standing" on any street longer than ten minutes in anyone location. It was noted that concerns relative to this provision had been raised by business owners who indicated that vending vehicles were "standing" in locations for much longer periods of time, and that a citizen request had been submitted for consideration of amending the City Code to prohibit vending vehicles from standing on any street within four blocks of an existing similar business, and to amend the Code to provide that the ten minute parking be limited to ten minutes per block. Danny Starkosta, 3719 Second Avenue, Kearney, spoke in support. Councilmember Johnson requested that the staff prepare a proposal and return to the City Council at a Study Session. Councilmember Solt spoke in support of allowing moving within the block in lieu of the four block area being proposed. REOUESTS AND REFERRALS: Receipt of Official Documents. Motion by Preisendorf, second by Murray, carried unanimously to receive and place on file the minutes of the Library Board Meeting of June 5, 1995, the minutes of the Downtown Improvement Board Meeting of June 20, 1995, and the minutes of the Regional Planning Commission of July 5, 1995. Approving Request of Eddie's Fast Gas & More, 417 North Sycamore Street. for Addition to Premises Liquor License. Motion by Sorensen, second by Solt, carried unanimously to approve the request of Eddie's Fast Gas & More, 417 North Sycamore Street, for an Addition to Premises Liquor License, contingent upon compliance with City Code. Approving Request of Americold Corporation, East Roberts Street, for Construction of Structure on City Property. Wayne Bennett, Public Works Director, reported that Mr. Charles A. Marshall, P. E., Corporate Engineer, representing Americold Corporation, 7007 Southwest Cardinal Lane, Suite 135, Portland, Oregon, had submitted an application for a License Agreement to provide for the construction of an enclosed structure over the public sanitary sewer main adjacent to Ore-Ida and Americold warehouse. It was recommended that if Council approved this request, the following stipulations should be added: 1) The property owner must provide alternate access across his property to the sewer main at all times for periodic inspection, maintenance, or repairs as needed; and 2) The City had the right to remove the structure at the property owner's expense if necessary to repair the sewer. Motion by Seifert, second by Mehring, carried unanimously to approve the request with the stipulations as set forth by statute. I I I Page 4, City Council Regular Meeting, July 24, 1995 Approving Request of Engleman School. 4360 West Capital Avenue, for Use of Pumping System in Public Right of Way. Wayne Bennett, Public Works Director, reported that Mr. Loren J. Humphrey, Supervisor of Housekeeping and Maintenance, on behalf of the School District of Grand Island, 615 North Elm Street, had submitted an application for a License Agreement to install a pump and bury a line in the City right-of-way on the south side of Engleman School, located at 4360 West Capital Avenue, to correct a standing water problem. Motion by Seifert, second by Preisendorf, carried unanimously to approve. Approving Request of Roy Evans Auto Sales, Inc.. 2305 West Third Street, for Placement of Fence in Right of Way. Wayne Bennett, Public Works Director, reported that Mr. Tony Heupel, on behalf of Roy Evans Auto Sales, Inc., 2305 West Third Street, had submitted an application for a License Agreement to provide for the continuous placement of a stockade fence in the public right-of-way, and noted that the Public Works Department recommended that the new fence be moved back to the location of the older, existing fence or that the fence be removed. Councilmember Murray noted that because the issue was tabled two weeks ago, he would move to withdraw his motion made at that time. Roy Evans, 1511 Stagecoach Road, spoke in support of the request. Motion by Johnson, second by Mehring to move the fence to adjacent to where the current fence was located. Upon roll call vote, Lueth, Johnson, Hosier, Preisendorf, Solt, Mehring, and Murray voted aye. Seifert and Sorensen voted nay. Motion adopted. Approving Appointments to Board of Health, Downtown Development Board, and Building Code Advisory Board. Motion by Sorensen, second by Solt, carried unanimously to approve the appointments of Michael J. Horn, M.D., Central Nebraska Pathology, 2620 West Faidley Avenue for a second, three year term on the Board of Health; Ms. Virginia Bode, 7325 Whooping Crane Drive, Wood River, for a three year term on the Board of Health; and Mr. Don Brittin, 1406 Sheridan Place, for a three year term on the Board of Health; as well as Councilmember Lueth to the Board of Health and Downtown Development Board; and John O'Meara, Donald Skeen, Babe Kalkowski, and Steve Grubbs to serve on the Building Code Advisory Board. Denying Request of Eulen Whitten, for Renewal of Conditional Use Permit. Motion by Sorensen, second by Seifert to approve the request of Eulen Whitten, 3234 Schimmer Drive, for renewal of a Conditional Use Permit for the temporary placement of a mobile home. Upon roll call vote, Sorensen voted aye. Lueth, Johnson, Hosier, Preisendorf, Murray, Seifert, and Mehring voted nay. Motion failed. Motion by Councilmember Johnson, second by Solt to deny the request. Upon roll call vote, Lueth, Johnson, Hosier, Preisendorf, Murray, Seifert, and Mehring voted aye. Sorensen voted nay. Motion adopted. Approving Request of Grand Island Veterans' Home, Burkett Station, for Parade Permit and Fireworks Displav for August 14, 1995. Motion by Solt, second by Seifert, carried unanimously to approve the request of Ms. Nancy Klimek, Recreation Coordinator for Grand Island Veterans Home, 2300 West Capital Avenue, for a parade permit for use on August 14, 1995, and also I Page 5, City Council Regular Meeting, July 24, 1995 to approve a Fireworks Display Permit for that date. It was requested that GITV make arrangements to tape some of the festivities. Approving Dissolution of Basement Advisory Committee and Natural Gas Regulative Committee. Motion by Solt, second by Mehring, carried unanimously to dissolve the Basement Advisory Committee and the Natural Gas Regulative Committee inasmuch as the missions of the committees have been accomplished. Approving Referral of Rezoning Requests to Regional Planning Commission. Motion by Lueth, second by Preisendorf, carried unanimously to approve the referral of the rezoning request of Ms. Jan Thayer, 404 Woodland Drive, for rezoning of the property at 710 West Stolley Park Road, from an "R2" (Low Density Residential) Zone to an "R3" (Medium Density Residential) Zone to provide for the construction of twenty dwelling units north of Stolley Park Road, immediately west of Barr Junior High School; and the request of Mr. James Berggren, 4004 Scheel Road, for rezoning of the property located on the northeast corner of the intersection of North Highway 281 and Airport Road, from a "Bl" (Light Business) Zone to a "B2" (General Business) Zone to provide for an office for a towing company and a storage yard for vehicles. It was noted that the referrals would be returned to the City Council on August 14, 1995 at which time a public hearing would be held. I RESOLUTIONS: #95-206 - Awarding Bid for High Voltage Bushing Parts. Gary Mader, Utilities Director, reported that the Utilities Department had received bids for generator high voltage bushing to serve the Utilities Department, Platte Generating Station, and that four bids had been solicited; however, three of the vendors responded that they were unable to supply this component. Mr. Mader noted that the lone bid was received from General Electric Company of Schenectady, New York, in the amount of $11,974.50. Motion by Seifert, second by Sorensen, carried unanimously to award the bid to General Electric Company. #95-207 - Awarding Bid for Pen Recorders. Gary Mader, Utilities Director, reported that the Utilities Department had received bids for pen recorders to serve the Utilities Department, Platte Generating Station, and that specifications had been prepared by Black & Veatch, the consultant for the expansion project. Mr. Mader noted that one bid had been received, from Power Specialties, Inc. of Ray town, Missouri, in the amount of $12,923.20. Motion by Seifert, second by Sorensen, carried unanimously to award the bid to Power Specialties, Inc. I #95-208 - Awarding Bid for Control Equipment Installation. Gary Mader, Utilities Director, reported that the Utilities Department had received bids for control equipment installation to serve the Utilities Department, Platte Generating Station, and that three bids had been received, ranging from $876,225 to $1,286,300. Mr. Mader noted that the low bid had been submitted by TIC - The Industrial Company, of Steamboat Springs, Colorado, in the amount of $876,225. Motion by Seifert, second by Sorensen, carried unanimously to award the low bid to TIC. I I I Page 6, City Council Regular Meeting, July 24, 1995 #95-209 - Awarding Bid for Cooling: Tower Drift Eliminator. Gary Mader, Utilities Director, reported that the Utilities Department had received bids for the cooling tower drift eliminator/deck overlay to serve the Utilities Department, Platte Generating Station, and that four bids had been received, ranging from $99,977 to $176,086. Mr. Mader noted that the low bid had been submitted by Midwest Towers of Littleton, Colorado, in the amount of $99,977. Motion by Seifert, second by Sorensen, carried unanimously to award the low bid to Midwest Towers. #95-210 - Awarding Bid for Bowl Roll Welding. Gary Mader, Utilities Director, reported that the Utilities Department had received bids for the pulverizer bowl/roller repair to serve the Utilities Department, Platte Generating Station. Mr. Mader noted that specifications had been sent to three contractors; however, one vendor did not bid and another one submitted a non- compliant bid. It was explained that the only responsive bid had been submitted by RPM & Associates of Rapid City, South Dakota, in the amount of $33,463.50. Motion by Seifert, second by Sorensen, carried unanimously to award the bid to RPM & Associates. #95-211 - Approving Assessments for Sanitary Sewer District #476T, Platte Valley Industrial Park. Wayne Bennett, Public Works Director, reported that the contract for Sanitary Sewer District #476T was awarded on April 25, 1994, and construction commenced in May, 1994, and was completed in May, 1995, at a total cost to the District of $725,737.16. Mr. Bennett explained that it was appropriate at this time to enact an assessment against this benefitted property and that the proposed assessment to each property owner was based on the frontage of their property. Mr. Bennett noted that this was a tap district, so adjacent owners would not pay assessments until they connected. Motion by Preisendorf, second by Murray, carried unanimously to approve. #95-212 - Amending Rules and Procedures Governing Council Meetings. Dale Iman, City Administrator, reported that at the City Council Study Session of July 17, 1995, discussion was held on amending the Rules and Procedures Governing Council Meetings to provide for more efficient and productive Council meetings and that he had prepared Resolution #95-212, which provided for: 1) The placement of Public Discussion of Non Agenda Items following all formal business of the City Council; 2) A new portion of the agenda which would allow members of the audience an opportunity to reserve time to speak on agenda items; and 3) All written requests for agenda items must include sufficient background information and a specific action request of the City Council to assist the City Council with sufficient information to make intelligent and informed decisions; and 4) New language, relative to submittal of legitimate questions to the City Clerk for answering by City staff, was proposed to clarify and expand upon proper decorum by individuals addressing the Council. Mr. Iman added that the adoption and strict adherence to these rules and procedures would allow for open public input and permit the City Council to conduct its business in an efficient, orderly, and dignified manner. Motion by Solt, second by Seifert to approve. Councilmember Murray presented an amendment to the motion to include Section 9 which provided for non-broadcast on GITV of the Public Discussion of Non-Agenda Items section of the meeting. Councilmembers Solt and Seifert accepted the I I I Page 7, City Council Regular Meeting, July 24, 1995 amendment. Councilmembers Mehring and Preisendorf spoke in opposition to the non-broadcast of the Public Discussion of Non Agenda Items section. City Attorney Lisa Thayer reviewed the regulations relative to the inclusion of emergency items on an agenda and voiced concern relative to the non-broadcast of the Public Discussion of Non Agenda Items section. City Administrator Dale Iman noted that the goal was to conduct meetings in a professional manner and that this could be accomplished through the presiding officer's control of the meetings. Councilmember Solt asked that the amendment proposed by Councilmember Murray be acted on separately from his original motion to adopt #95-212. Motion by Murray, second by Seifert to include Section #9, as proposed by Councilmember Murray, as part of the Rules and Procedures Governing Meetings. Kay Collins, 1003 West Louise Street, Lewis Kent, 624 East Meves, Dennis Benson, 1008 East Fourth Street, and John Wagoner, 1711 South Harrison, spoke in opposition to the amendment and stated that this was censorship. Councilmember Johnson responded that the action was not censorship but rather an effort to conduct official business in a professional, efficient/effective manner. Upon roll call vote relative to the inclusion of Section 9, Lueth, Johnson, Hosier, Murray, Seifert, and Solt voted aye. Preisendorf, Mehring, and Sorensen voted nay. Motion adopted. Discussion was then continued on the original motion by Councilmember Solt to approve #95-212, but with the inclusion of Section 9. John Wagoner, 1711 South Harrison, spoke on the First Amendment. Louise Miller, 11 04 West Council, spoke on Council's reluctance to listen to citizens. Kay Collins, 1003 West Louise, spoke on the issue. Roll call vote was taken on the motion to adopt #95-212 with the inclusion of Section 9. Upon roll call vote, Lueth, Johnson, Hosier, Solt, Murray, Mehring, and Seifert voted aye. Preisendorf and Sorensen voted nay. Motion adopted. #95-213 - Approving Change Order #6 for Webb Road Widening Project. Wayne Bennett, Public Works Director, reported that the State Department of Roads had developed Change Order #6 for the Webb Road Widening Project, and that the change order provided for reconstructing manholes, cast iron covers, frames, and flanges. Mr. Bennett noted that the Change Order would result in a net increase of $6,087.37 to the contract amount. Motion by Murray, second by Seifert, carried unanimously to approve. #95-214 - Approving Acquisition of Community Development Property at 515 East Ninth Street. This item was pulled from the agenda by the Community Development Director. #95-215 - Approving Community Development Grant Application for Assistance with Economic Development Activities. Jerri Garroutte, Community Development Director, reported that this Resolution related to the aforementioned Public Hearing. The Nebraska Department of Economic Development accepts applications through the Community Development Block Grant Program for grant funding to assist in the development of viable communities by providing decent housing, suitable living environments and expanding economic opportunities. This objective is achieved by making grants to communities which are then loaned to qualifying Nebraska businesses which either create jobs or retain jobs for lower to moderate income Nebraskans. It was noted that the Community Development Department, in conjunction with their advisory committee, had prepared a proposed application seeking $61,500 to assist Latent I I I Page 8, City Council Regular Meeting, July 24, 1995 Image Productions, Inc., a multi-media production company, owned by David and Harold Rosenkotter. Councilmember Solt stated that he had questions on the application and asked to table the application until the next Study Session. City Attorney Lisa Thayer noted that the information was provided in the Memorandum of Understanding which was included in the packet. City Administrator Dale Iman spoke in support of the application. Councilmember Solt withdrew his motion to table. Motion by Seifert, second by Murray to approve. Upon roll call vote, Lueth, Johnson, Hosier, Seifert, and Murray voted aye. Preisendorf, Sorensen, Solt, and Mehring voted nay. Mayor Gnadt voted in the affirmative to adopt the Resolution. Letter of Support for County Board of Supervisors Efforts to Lower Property Tax Valuations. Councilmember Seifert requested that the City Council direct staff to prepare a letter of support for the County Board of Supervisors' efforts to lower property tax valuations. Judy Rosenkotter, 3115 Goldenrod Drive, stated that the County Board was planning to object to the action of the Board of Equalization relative to raising property valuations. ORDINANCES: Councilmember Sorensen moved that the statutory rules requiring that ordinances be read by title on three different days be suspended and that ordinance numbered: #8021 - Amending Chapter 24 of City Code Relative to Establishment of Designated Swimming Area at L.B. Ray Park be considered for passage on the same day upon reading by number only, and then placed on final passage, and that the City Clerk be permitted to call out the number of the Ordinance on its first and final 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 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. Clerk: Ordinance #8021 on its first reading. All those in favor of the passage of the ordinance, answer roll call. Upon roll call, all voted aye. Motion adopted. Clerk: Ordinance #8021 on final passage. All those in favor of the passage of the ordinance on final passage, answer roll call. Upon roll call, all voted aye. Motion adopted. Mayor: By reason of the roll call votes on the first and final passage of said ordinance, Ordinance #8021 is declared to be lawfully passed and adopted upon publication as required by law. PUBLIC DISCUSSION OF NON-AGENDA ITEMS: Dennis Benson, 1008 East Fifth Street, spoke on the weed ordinance. Lewis Kent, 624 East Meves, spoke on free speech. David I Page 9, City Council Regular Meeting, July 24, 1995 Rosenkotter, 371 North Cleburn, spoke in support of the Council's adoption of the Rules and Procedures Governing Meetings. Steve Stahlnecker, 213 East Ninth Street, representing the Boy Scouts stated that the meeting had been an educational experience. PAYMENT OF CLAIMS: Motion by Solt, second by Murray, to approve the claims in the amount of $1,716,327.94, as presented by the City Clerk. Councilmember Seifert abstained from voting on Claims #32106, 32304, 32640. Councilmember Preisendorf abstained from voting on Claim #32493. Councilmember Solt abstained from voting on Claim #32764 an claim #32565. ADJOURNMENT TO EXECUTIVE SESSION: Motion by Johnson, second by Preisendorf, approved unanimously to adjourn to Executive Session to discuss union negotiations. Adjournment to Executive Session at 9:40 p.m. Motion by Murray, second by Lueth, carried unanimously to return to Regular Session at 10:28 p.m. ADJOURNMENT: The meeting was adjourned at 10:30 p.m. Respectfully submitted, I ~ I~ V\ &~ h V1'lk+- Cindy K. Cartwright City Clerk I I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL SPECIAL MEETING August 7, 1995 Pursuant to due call and notice thereof, a Special Meeting of the City Council of the City of Grand Island was conducted in the Council Chambers of City Hall on August 7, 1995. Notice of the meeting was given in the Grand Island Independent on July 27, 1995. Mayor Gnadt called the meeting to order at 7:05 p.m. The following members were present: Mayor Gnadt, Councilmembers Johnson, Hosier, Solt, Preisendorf, Kehm, Mehring, Seifert, Sorensen, Lueth and Murray. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, and Acting City Attorney Lisa Thayer. PUBLIC HEARING: Public Hearing on the Request ofTBT, Inc.. dba Ya'All Come Back Saloon, 3602 West Second Street, for a Class "C" Liquor License. City Clerk Cindy Cartwright reported that Mr. Billy T. Terry, 3602 West Second Street, had submitted an application for a Class "C" Liquor License to replace the Class "C" Liquor License currently held. The City Clerk presented the following exhibits for the record: Application submitted to the Liquor Control Commission and received by the City on July 21, 1995; Notice to the applicant of date, time, and place of hearing mailed on July 21, 1995; Notice to public of date, time, and place of hearing published on July 28, 1995; Chapter 4 of City Code; and Departmental reports as required by City Code. It was noted that final Building Inspections had not been completed. No public testimony was heard. REQUESTS AND REFERRALS: Approving Request of TBT, Inc.. dba Va' All Come Back Saloon, 3602 West Second Street. for a Class "C" Liquor License. Motion by Preisendorf, second by Solt, carried unanimously to approve the request of TBT, Inc. for a Class "c" Liquor License, contingent upon compliance with City Code. Approving Request of Billy T. Terry. for Liquor Manager Designation. Motion by Preisendorf, second by Solt, carried unanimously to approve the application of Billy T. Terry for Liquor Manager for Ya' All Come Back Saloon. ADJOURNMENT: The meeting was adjourned at 7:12 p.m. Respectfully submitted, &ndAt K (!JJJ/t~1JSJV+- Cindy K. Cartwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL STUDY SESSION August 7, 1995 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, on August 7, 1995. Notice of the meeting was given in the Grand Island Independent on August 2, 1995. Mayor Gnadt called the meeting to order at 7:12 p.m. The following members were present: Mayor Gnadt, Councilmembers Lueth, Johnson, Solt, Hosier, Preisendorf, Kehm, Mehring, Seifert, Murray, and Sorensen. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, and Acting City Attorney Lisa Thayer. Mayor Gnadt thanked the members of the audience for attending the meeting and noted that the silent majority was very important to the success and continued progress of Grand Island. Presentation by L. Lynn Rex, Executive Director of the League of Nebraska Municipalities, on Roles and Responsibilities of Elected and Appointed City Government Officials. Ms. Rex provided information on understanding Grand Island's form of government and the various responsibilities of the legislative, administrative and executive branches of City government. Ms. Rex provided information on the Open Meetings Law and noted that reasonable and advance notice of agenda items was vital. Discussion was held on closed or executive sessions. Discussion on Legislative Changes and Revenue Effects. Dale Iman, City Administrator, and Chuck Haase, Finance Director, provided information on the 1995 Property Tax Levy. Mr. Haase reported that the tax asking for 1995 would have a one-time impact of approximately 3.4% in the total tax asking of existing taxpayers, primarily due to the 14 month budget required by the Nebraska Legislature. Information was also provided on the property revaluation and the City's share of the property taxes. Adjournment. The meeting was adjourned at 8:45 p.m. Respectfully submitted, ~11QLuL i(I'M hY1,~~T Cindy K.tartwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING August 14, 1995 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 on August 14, 1995. Notice of the meeting was given in the Grand Island Independent on August 9, 1995. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Lueth, Hosier, Preisendorf, Kehm, Mehring, Seifert, Sorensen, and Murray. Councilmember Johnson arrived at 7: 10 p.m. Councilmember Solt arrived at 8:45 p.m. The following City Officials were present: Acting City Administrator Wayne Bennett, City Clerk Cindy Cartwright, and Acting City Attorney Lisa Thayer. PLEDGE OF ALLEGIANCE was said, followed by INVOCATION given by Reverend Jocelyn Topper. APPROVAL OF MINUTES: Motion by Preisendorf, second by Seifert, carried unanimously to approve the minutes of the July 24, 1995 City Council Regular Meeting, the minutes of the August 7, 1995 Special City Council Meeting, and the minutes of the August 7, 1995 Study Session. RESERVE TIME TO SPEAK ON AGENDA ITEMS: Eight individuals reserved time to speak on agenda items. PRESENT A TION: Mayor Gnadt presented Certificates of Achievement to the Senior High State Tennis Champions. BOARD OF EOUALIZATION: Motion by Preisendorf, second by Mehring, carried unanimously to adjourn to the Board of Equalization. #95-BE-009 - Sanitary Sewer District #473T, Webb Road. Bud Buettner, Assistant Public Works Director, reported that in its capacity as the Board of Equalization, it was necessary for the City Council to consider the assessment of benefits associated with Sanitary Sewer District No. 473T which was established to provide improvements in the form of sanitary sewer service for a parcel of property on the east side of Webb Road, approximately 1,000 feet south of 13th Street. Motion by Sorensen, second by Seifert, carried unanimously to approve. #95-BE-01O - Sanitary Sewer District #478, Webb Road and Faidley Avenue. Bud Buettner, Assistant Public Works Director, reported that in its capacity as the Board of Equalization, it was necessary for the City Council to consider the assessment of benefits associated with Sanitary Sewer District No. 478, which was established on November 28, 1994, in order to provide improvements in the form of sanitary sewer service for properties near the intersection I I I Page 2, City Council Regular Meeting, August 14, 1995 of Faidley A venue and Webb Road. Motion by Sorensen, second by Seifert, carried unanimously to approve. #95-BE-01O - Street Improvement District #1188, State Street. Bud Buettner, Assistant Public Works 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 Street Improvement District #1188, State Street, which was established on October 25, 1993, in order to provide for the construction of paving improvements. Motion by Sorensen, second by Seifert, carried unanimously to approve. Motion by Preisendorf, second by Kehrn, carried unanimously to return to Regular Session. PUBLIC HEARINGS: Public Hearing on Acquisition of Electric Utility Substation F. Bob Smith, Assistant Finance Director, reported that in 1994, the Nebraska State Legislature enacted legislation which required municipalities to provide notice and hearing prior to authorizing any acquisition of real estate. Mr. Smith noted that consequently, the City must now hold a Public Hearing on the acquisition of the proposed property. Mr. Smith reported that the growth of the west side of Grand Island had caused increased demand for electric service in that area, and stated that the nearest substation was presently loaded near capacity. It was noted that the 1995-1996 Utility Department budget included funding for the development of a new substation site, along the 115,000 Volt transmission loop, near the developing area. No public testimony was heard. Public Hearing on Acquisition of Utility Easements. Bob Smith, Assistant Utilities Director, reported that in 1994, the Nebraska State Legislature enacted legislation which required municipalities to provide notice and hearing prior to authorizing any acquisition of real estate, including routine acquisitions such as utility and public works easements, and noted that the City must now hold a Public Hearing on the acquisition of the proposed property. It was reported that the Public Hearing provided for comment on the acquisition of Rain Cloud, Chief Industries, Stephen R. and Joleen K. Freeman, Glenn R. Hutton and Veronica I. Hutton, Grand Island School District, and Council of Hall, and the Hall County Airport Authority, tracts of land which were required for the installation, upgrade, maintenance, and repair of power appurtenances, including lines and transformers. No public testimony was heard. Public Hearing on Request for Change of Land Use Designation for Property Located on the North Side of Stolley Park Road, immediately west of Barr Junior High School. Nelson Helm, Regional Planning Director, reported that Ms. Jan Thayer, 404 Woodland Drive, had submitted a request to rezone property located at 710 West Stolley Park Road, from an "R2" (Low Density Residential) Zone to an "R3" (Medium Density Residential) Zone, and that the purpose of the request was for the construction of twenty dwelling units north of Stolley Park Road, immediately west of Barr Junior High School. Mr. Helm noted that the Regional Planning Commission, at their meeting of August 2, 1995, recommended approval of the proposed land use and zoning change. Jan Thayer, 404 Woodland Drive, spoke on the specifics of the project I I I Page 3, City Council Regular Meeting, August 14, 1995 and assured Council that the project would be as successful as other projects she had been involved with. Roger Nygaard, President of the Chamber of Commerce, spoke in support of the rezoning request and noted that a preliminary study being completed on housing reported that the demand for housing within the next five years required 886 renter units, 370 which need to e affordable housing. Roberta Kay Collins, 1003 West Louise, spoke on conflict of interest. Richard Schlaman, 1503 Stolley Park Road, Tom Landels, 617 West Stolley Park Road, John Sims, 609 West Stolley Park Road, spoke in opposition to the project citing concerns with traffic and safety issues. Sally Augustine, 1736 South Doreen Street, spoke in support of the project. Public Hearing: on Request for Change of Land Use Designation for Property Located on the East Side of U.S. Highway 281, north of Airport Road. Nelson Helm, Regional Planning Director, reported that Mr. James Berggren, 4004 Scheel Road, had submitted a request to rezone property located on the northeast corner of the intersection of North Highway 281 and Airport Road, from a "Bl" (Light Business) Zone to a "B2" (General Business) Zone which would allow an office for a towing company and a storage yard for vehicles. It was noted that the Regional Planning Commission, at their meeting of August 2, 1995, recommended approval of the proposed land use and zoning change. Public Hearing on Request of Five Points Bank for Conditional Use Permit for Temporary Placement of Modular Unit at 2009 North Diers Avenue. Nelson Helm, Regional Planning Director, reported that Mr. Bob Dodendorf, representing Five Points Bank, 2015 North Broadwell Avenue, had submitted an application for a Conditional Use Permit to allow for the temporary placement of a modular unit at 2009 North Diers Avenue until a permanent banking facility was constructed. Mr. Helm noted that a Conditional Use Permit was required by the Zoning Code and could be approved by the City Council, for a period not to exceed six months in developed areas or two years in undeveloped areas. Mr. Helm suggested that the permit could be granted for one year, subject to meeting building department codes. No public testimony was heard. REQUESTS AND REFERRALS: Receipt of Official Documents. Motion by Seifert, second by Preisendorf, carried unanimously to receive and place on file the minutes of the July 6, 1995 Civil Service Commission Meeting, the minutes of the July 10, 1995, Library Board Meeting and the minutes of the Regional Planning Commission Meeting of August 2, 1995, and the application and official bond in the amount of $20,000 filed with the City Clerk's Office and reviewed by the City Attorney's Office for City Administrator Dale Iman. Approving Capital Improvement Item - Proposed Construction of Electric Utility Substation. Nelson Helm, Regional Planning Director, reported that in accordance with State law, the Regional Planning Commission must review and make a recommendation to the City Council on capital improvement items, and that the Commission, at its August 2, 1995, meeting, voted unanimously to recommend that the development of a new substation site in the western area of I I I Page 4, City Council Regular Meeting, August 14, 1995 Grand Island be approved as a capital improvement expenditure. Motion by Murray, second by Seifert, carried unanimously to approve. Approving Request of Five Points Bank for Conditional Use Permit for Temporary Placement of Modular Unit at 2009 North Diers Avenue. Motion by Kehm, second by Sorensen to approve. Upon roll call vote, Hosier, Preisendorf, Kehm, Mehring, Seifert, Sorensen, Murray, and Johnson voted aye. Lueth abstained. Motion adopted. Approving Request of American Heartwalk for Use of Public Streets. Motion by Sorensen, second by Kehm, carried unanimously to approve the request of the American Heart Association, for a Parade Permit for Sunday, October 1, 1995, from 1:30 p.m. to 3:30 p.m. Approving Request of Kiwanis Kids' Day Parade for Use of Public Streets. Motion by Sorensen, second by Kehm, carried unanimously to approve the request of the Grand Island Kiwanis Club for a Parade Permit for the 45th Annual Kiwanis Club Parade, for Saturday, September 30, 1995, from 9:15 a.m. to 10:00 a.m. Approving Request of Wal Mart Stores, Inc., 3530 West 13th Street, for License Agreement for Placement of Sign in Right of Way. Craig Lewis, Building Inspections Director, reported that Ms. Karen Lombard, representing Wal-Mart Stores, Inc., 3530 West Thirteen Street, had submitted an application for a License Agreement to allow for an existing pylon sign to extend over the public right-of-way at 3530 West Thirteen Street. Mr. Lewis noted that Wal-Mart had been issued a License Agreement in 1989 for the placement of a sign in the right-of-way but now that they proposed to alter the sign, a new License Agreement was required. Motion by Murray, second by Seifert, carried unanimously to approve. Approving Request of Diers Motor Company, 3620 West Old Potash Highway, for License Agreement for Placement of Sign in Public Easement. Bud Buettner, Assistant Public Works Director, reported that Mr. Donald Diers, President of Diers Motor Company, 3620 West Old Potash Highway, had submitted an application for a License Agreement to maintain an existing sign on the public easement. Mr. Diers was present to speak in support of the request. Councilmember Mehring noted that inasmuch as this was a temporary sign, he moved to approve the request. Second by Sorensen. Johnson asked that a friendly amendment be approved to limit the placement of the sign to four months. Mehring and Sorensen agreed. Upon roll call vote, all voted aye. RESOLUTIONS: #95-215 - Awarding Bid for Health Insurance Contract Renewal. Chuck Haase, Finance Director, reported that this item provided for the renewal of the City's personnel health insurance coverage contract with Blue Cross and Blue Shield of Nebraska. Mr. Haase noted that the annual premium for renewal of health insurance was for the period of August 1, 1995 through October 1, 1996 and that it was recommended that the renewal of this contract be approved effective August 1, 1995. Councihnember Mehring requested that the Health Insurance I I I Page 5, City Council Regular Meeting, August 14, 1995 Contract Renewal be returned to a Study Session for further review. Motion by Mehring, second by Sorensen, to return the health insurance contract to a Study Session. Upon roll call vote, all voted aye. #95-216 - Awarding Bid for Life Insurance Contract Renewal. Chuck Haase, Finance Director, reported that this item provided for the renewal of the City's personnel life insurance contract with The Principal Financial Group and provided for $30,000 mandatory employee coverage at a rate of $6.90 per month and $1.10 per month for $5,000 spouse and $2,500 dependent coverage, and $.31 per month per $1,000 for voluntary employee coverage from $25,000 to a maximum of $150,000. Mr. Haase noted that the Principal Financial Group had enhanced their life insurance package to include Accelerated Benefits, which would be added to the City plan effective August 1, 1995. It was noted that the life insurance contract would be converted to an October 1 renewal date effective October 1, 1996 in order to coincide with the City's fiscal year. Motion by Murray, second by Seifert, carried unanimously to approve. #95-217 - Awarding Bid for IBM Corporation AS400 Operating System. Chuck Haase, Finance Director, reported that the Data Processing Division had received pricing information for an upgrade to the IBM programming software used in the operation of the AS/400, which would write user programs, and PC Support software. Mr. Haase added that the upgrade would enable the Data Processing Division to remain current with the accounting, purchase order, and payroll software upgrades provided by Business Records Corporation. Motion by Murray, second by Seifert, carried unanimously to approve the contract with IBM for the AS400 Operating System Upgrade. #95-218 - Awarding Bid for Dental Insurance Contract Renewal. Chuck Haase, Finance Director, reported that this item provided for the renewal of the City's dental insurance coverage contract with Ameritas Life Insurance Company, effective September 1, 1995. Mr. Haase reported that the dental claims to premium ration for the review period was 88 % which resulted in a 13 % increase in annual premium. Motion by Murray, second by Seifert, carried unanimously to approve. #95-219 - Awarding Bid for Annual Contract Renewal with Gallagher Bassett Services for Claims Administration. Chuck Haase, Finance Director, reported that this item provided for the renewal of the claims administration for the City's Risk Management Program, and that the City had entered into an Agreement for services with Gallagher Bassett Services, Inc. for the term of August 1, 1994 to August 1, 1995. Mr. Haase stated that Gallagher Bassett Services, Inc. had agreed to extend the term of the Agreement to October 1, 1995 in order to coincide with the City's fiscal year. Councilmember Preisendorf questioned the rate being charged by Gallagher Bassett. Mr. Haase stated that the rates were the same as last year. Motion by Murray, second by Seifert, carried unanimously to approve. #95-220 - Awarding Bid for Self-Accounting Agreement for the Life Insurance Program. Chuck Haase, Finance Director, reported that the City's life insurance program with The Principal Financial Group was referred to as a self-accounting plan, which meant that the majority of the I I I Page 6, City Council Regular Meeting, August 14, 1995 record keeping and accounting was performed by the City as the policyholder. Mr. Haase noted that this type of plan ultimately resulted in lower premium costs, and that because of the many changes, such as advanced record keeping technology, court decisions, state insurance laws, federal laws, and other regulatory means, it was necessary that both the policyholder and the insurance carrier had an understanding of the duties to be performed by each party. It was noted that The Principal Financial Group had presented the Self-Accounting Administration Agreement to the City for review and adoption. Motion by Murray, second by Seifert, carried unanimously to approve. #95-221 - Awarding Bid for Police Radios. Howard Maxon, Civil Defense/Communications Director, reported that the purchase of twelve mobile and fifteen portable radios through the State of Nebraska Contract for use by the Police Department was requested. Mr. Maxon noted that purchasing from State contracts met all statutory bidding criteria and saved the City time and money. It was recommended that the purchase of the radios be awarded to Motorola, Inc., in the amount of $41,633.70, via the State bid. Motion by Johnson, second by Seifert, carried unanimously to award the bid to Motorola. #95-222 - Awarding Bid for Power Cable. Bob Smith, Assistant Utilities Director, reported that the Utilities Department had received bids for power cable to serve the Utilities Department, Underground Line Division, and that four bids had been received; however, two of the bids were considered to be non-responsive due to minimum length requirements and not meeting specifications. Mr. Smith noted that the low responsive bid, in the amount of $28,707.66, had been submitted by Wesco, of Grand Island. Motion by Seifert, second by Sorensen, carried unanimously to award the low bid to Wesco. #95-223 - Awarding Bid for Switches and Metering Cabinet. Bob Smith, Assistant Utilities Director, reported that the Utilities Department had received bids for six S & C vertical switches and metering cabinet to serve the Utilities Department, Underground Line Division, and that four bids had been received. Mr. Smith noted that the low responsive bid had been submitted by Wesco of Grand Island in the amount of $17,380, plus tax. Motion by Seifert, second by Sorensen, carried unanimously to award the low bid to Wesco. #95-224 - Awarding Bid for Miscellaneous Electrical Items. Bob Smith, Assistant Utilities Director, reported that the Utilities Department had received bids for the purchase of miscellaneous electrical items to serve the Utilities Department, Electric Line and Underground Divisions, and that bids had been submitted by four vendors offering pricing for 21 line items of miscellaneous electrical items. Mr. Smith noted that nineteen of the line items could be awarded without City Council action, as the total award to each individual bidder was less than $10,000. It was noted that the low bid for the remaining two line items had been submitted by Dutton Lainson of Hastings, in the amount of $13,104, plus tax. Motion by Seifert, second by Sorensen, carried unanimously to approve. #95-225 - Awarding Bid for Capacitance Cell Transmitters. Bob Smith, Assistant Utilities Director, reported that the Utilities Department had received bids for the purchase of capacitance I I I Page 7, City Council Regular Meeting, August 14, 1995 cell type transmitters to serve the Utilities Department, Platte Generating Station, and that three bids had been received, ranging from $19,345 to $26,286.26. Mr. Smith noted that the low bid had been submitted by Control Midwest of Kansas City, Missouri in the amount of $19,345. Motion by Seifert, second by Sorensen, carried unanimously to award the low bid to Control Midwest. #95-226 - Awarding Bid for Boiler Gas Path Cleaning. Bob Smith, Assistant Utilities Director, reported that the Utilities Department had received bids for the boiler gas path cleaning to serve the Utilities Department, Platte Generating Station, and that three bids had been received, ranging from $30,536.18 to $39,688. Mr. Smith noted that the low bid had been submitted by Halliburton Energy Services of Avarado, Texas in the amount of $30,536.18. Motion by Seifert, second by Sorensen, carried unanimously to award the low bid to Halliburton Energy Services. #95-227 - Awarding Bid for Burner Corner/Burner Repair. Bob Smith, Utilities Director, reported that the Utilities Department had received bids for the burner corner/boiler repair to serve the Utilities Department, Platte Generating Station, and that two bids had been received, $103,119 and $103,972. Mr. Smith noted that the low bid had been submitted by ABB- Combustion Engineering of St. Mary's, Kansas, in the amount of $103,119. Motion by Seifert, second by Sorensen, carried unanimously to award the low bid to ABB Combustion. #95-228 - Awarding Bid for Fiveplex Fairway Motors. Steve Paustian, Parks and Recreation Director, reported that the Parks and Recreation Department had received bids for two Fiveplex Fairway Mowers to serve the Golf Course Division, and that three bids had been received, ranging from $34,590 to $38,516. Mr. Paustian noted that the low bid had been submitted by Big Bear Equipment of Omaha, Nebraska, in the amount of $34,590. Motion by Sorensen, second by Mehring, carried unanimously to award the low bid to Big Bear Equipment. #95-229 - Approving Final Plats and Subdivision Agreement for Happy Acres Subdivision. Nelson Helm, Regional Planning Director, reported that Mr. and Mrs. Michael A. Fletcher, 13 Via Trivoli, owners, had submitted the final plat for Happy Acres Subdivision, a 4.386 acre tract of land located on the south side of Capital Avenue approximately 1/4 mile east of Engleman Road. Mr. Helm noted that the subdivision would correct an apparent title deficiency and split the property into two lots. Motion by Sorensen, second by Lueth, carried unanimously to approve. #95-230 - Approving Final Plat and Subdivision Agreement for Menard Second Subdivision. Nelson Helm, Regional Planning Director, reported that John Menard, 5136 Old Mill Plaza, Eau Claire, Wisconsin, owner, had submitted the final plat for Menard Second Subdivision, a 47.98 acre tract of land located on the west side of U. S. Highway 281, between Menards Building Supply Outlet and Capital Avenue. Mr. Helm noted that the subdivision provided for business development. Motion by Sorensen, second by Lueth, carried unanimously to approve. I I I Page 8, City Council Regular Meeting, August 14, 1995 #95-231 - Approving: Final Plat and Subdivision Agreement for Racquet Club Subdivision. Nelson Helm, Regional Planning Director, reported that Ted Robb, 3740 South U.S. Highway 281, and Gary Carother, 2108 South Locust Street, owners, had submitted the final plat for Racquet Club Subdivision, a 2.342 acre tract of land located on the south side of Stolley Park Road, immediately west of Bellwood Drive. Mr. Helm noted that the subdivision provided for five lots and that it was anticipated that a six-plex would be constructed on four of the lots. Motion by Sorensen, second by Lueth, carried unanimously to approve. #95-232 - Approving: Assessments for Sanitary Sewer District #473T, Webb Road. Wayne Bennett, Public Works Director, reported that the contract for Sanitary Sewer District #473T was awarded on September 12, 1994, and construction was completed in July, 1995, at a total cost to the District of $36,618.35. Mr. Bennett noted that it was appropriate at this time to enact an assessment, based on the frontage of the property, against this benefitted property. Motion by Sorensen, second by Kehrn, carried unanimously to approve. #95-233 - Approving Acceptance of Final Completion and Setting: Date for Board of Equalization for Water Main District #416T, Rae Road to Platte Valley Boulevard. Bob Smith, Assistant Utilities Director, reported that Diamond Engineering Company of Grand Island, had completed the construction work associated with Water Main District #416T, which consisted of a 20 inch water main located in Highway 281, from Rae Road to Platte Valley Boulevard. Mr. Smith noted that the work commenced in May, 1994, and was completed in June, 1995. Motion by Preisendorf, second by Lueth, carried unanimously to accept the final completion and to set the date for the Board of Equalization for September 25, 1995. #95-234 - Approving Acquisition of Electric Utility Substation. Motion by Seifert, second by Preisendorf, carried unanimously to approve the acquisition of the Electric Utility Substation Site F. #95-235 - Approving Acquisition of Utility Easement from Rain Cloud. Motion by Kehrn, second by Seifert, carried unanimously to approve the acquisition of a tract of land located at 3507 East Bismark Road, which was required for the installation, upgrade, maintenance and repair of power appurtenances, including lines and transformers. #95-236 - Approving Acquisition of Utility Easement from Chief Industries. Motion by Kehrn, second by Seifert, to approve the acquisition of a tract of land located at 1203 South Adams Street, which was required for the installation, upgrade, maintenance and repair of power appurtenances, including lines and transformers. Upon roll call vote, Lueth, Johnson, Preisendorf, Kehrn, Mehring, Seifert, Sorensen, and Murray voted aye. Hosier abstained. Motion adopted. #95-237 - Approving Acquisition of Utility Easement from Stephen R. and Joleen K. Freeman. Motion by Kehrn, second by Seifert, carried unanimously, to approve the acquisition of a tract of land located at Lot 1, Block 2, Lake Davis Acres, which was required for the installation, upgrade, maintenance and repair of power appurtenances, including lines and transformers. I I I Page 9, City Council Regular Meeting, August 14, 1995 #95-238 - Approving Acquisition of Utility Easement from Glenn R. Hutton and Veronica I. Hutton. Motion by Kehm, second by Seifert, carried unanimously, to approve the acquisition of a tract of land located at 741 North Webb Road, which was required for the installation, upgrade, maintenance and repair of power appurtenances, including lines and transformers. #95-239 - Approving Acquisition of Utility Easement from Grand Island School District. Motion by Kehm, second by Seifert, carried unanimously, to approve the acquisition of a tract of land located at Westridge Middle School, Barr Junior High School, and Grand Island Senior High School, which was required for the installation, upgrade, maintenance and repair of power appurtenances, including lines and transformers. #95-240 - Approving Acquisition of Utility Easement from Council of Hall, and the Hall County Airport Authority. Motion by Kehm, second by Seifert, to approve the acquisition of a tract of land located north of the Grand Island Airport along Sky Park Road, which was required for the installation, upgrade, maintenance and repair of power appurtenances, including lines and transformers. Upon roll call vote, Lueth, Johnson, Hosier, Preisendorf, Kehm, Seifert, Sorensen, and Murray voted aye. Mehring abstained. Motion adopted. ORDINANCES: Councilmember Sorensen moved that the statutory rules requiring that ordinances be read by title on three different days be suspended and that ordinances numbered: #8122 - Approving Assessments for Sanitary Sewer District #478, Webb Road and Faidley A venue #8123 - Approving Assessments for Street Improvement District #1188, State Street #8125 - Approving Change of Land Use Designation for Property Located on the East Side of U.S. Highway 281, North of Airport Road be considered for passage on the same day upon reading by number only, and then placed on final passage, and that the City Clerk be permitted to call out the number of the Ordinances on their first and final reading and then upon final passage, and call for a roll call vote on each reading and final passage. Second by Murray. After inviting questions or comments and there being none, Mayor Gnadt called for a roll call vote on the motion. Upon roll call, all voted aye. Clerk: Ordinances #8122, #8123, and #8125 on their first reading. All those in favor of the passage of the ordinance, answer roll call. Upon roll call, all voted aye. Motion adopted. Clerk: Ordinances #8122, #8123, and #8125 on their final passage. All those in favor of the passage of the ordinance on final passage, answer roll call. Upon roll call vote, all voted aye. I I I Page 10, City Council Regular Meeting, August 14, 1995 Motion adopted. Mayor: By reason of the roll call votes on the first and final passage of said ordinances, Ordinances #8122, #8123, and #8125 are declared to be lawfully passed and adopted upon publication as required by law. Councilmember Solt arrived at 8:45 p.m. #8124 - Approving Chan~e of Land Use Designation for Property Located on the North Side of Stolley Park Road, immediately west of Barr Junior High School. Nelson Helm, Regional Planning Director, reiterated that the request was to rezone property located at 710 West Stolley Park Road, from an "R2" (Low Density Residential) Zone to an "R3" (Medium Density Residential) Zone for the purpose of construction of twenty dwelling units north of Stolley Park Road, immediately west of Barr Junior High School. Councilmember Mehring questioned who the owner of the corporation would be. Jan Thayer responded that Silverwood was a limited liability and that she was the president of the company. Ms. Thayer noted that she was the sole owner at the time but that there would be opportunities for others to become involved. Councilmember Sorensen moved that the statutory rules requiring that ordinances be read by title on three different days be suspended and that ordinances numbered: #8124 - Approving Change of Land Use Designation for Property Located on the North Side of Stolley Park Road, immediately west of Barr Junior High School be considered for passage on the same day upon reading by number only, and then placed on final passage, and that the City Clerk be permitted to call out the number of the Ordinances on their first and final reading and then upon final passage, and call for a roll call vote on each reading and final passage. Second by Councilmember Seifert. After inviting questions or comments and there being none, Mayor Gnadt called for a roll call vote on the motion. Upon roll call, all voted aye. Clerk: Ordinance #8124 on its first reading. All those in favor of the passage of the ordinance, answer roll call. Upon roll call, Lueth, Johnson, Preisendorf, Kehm, Murray, Seifert, Sorensen, and Solt voted aye. Hosier abstained. Mehring voted nay. Motion adopted. Clerk: Ordinance #8124, on its final passage. All those in favor of the passage of the ordinance on final passage, answer roll call. Upon roll call vote, Lueth, Johnson, Preisendorf, Kehm, Murray, Seifert, Sorensen, and Solt voted aye. Hosier abstained. Mehring voted nay. Motion adopted. Mayor: By reason of the roll call votes on the first and final passage of said ordinance, Ordinances #8124 are declared to be lawfully passed and adopted upon publication as required I I I Page 11, City Council Regular Meeting, August 14, 1995 by law. PAYMENT OF CLAIMS: Finance Director Haase reported that Claim #33451 to Blue Cross/Blue Shield had been withdrawn. Motion by Sorensen, second by Solt, carried unanimously to approve the claims in the amount of $3,609,822.16, minus the claim to Blue Cross Blue Shield, as presented by the City Clerk. Councilmember Solt abstained from voting on Claim #032856. Councilmember Preisendorf abstained from voting on Claim #033183, and #033332. PUBLIC DISCUSSION OF NON AGENDA ITEMS: Lewis Kent, 624 East Meves, questioned the account position. ADJOURNMENT: The meeting was adjourned at 9:02 p.m. Respectfully submitted, ~a/5~rig~'~ City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL STUDY SESSION August 21, 1995 Pursuant to due call and notice thereof, a Study Session of the Council of the City of Grand Island was conducted in City Hall on August 21, 1995. Notice of the meeting was given in the Grand Island Independent on August 16, 1995. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Lueth, Johnson, Hosier, Mehring, Murray, Solt, Sorensen, and Preisendorf. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, and Acting City Attorney Lisa Thayer. Presentation by Downtown Improvement Board. Victor Aufdemberge, 403 East 17th Street, Chairman of the Downtown Improvement, presented an overview of the role and contributions of the Downtown Improvement Board over the 20 year history of the special taxation districts. Ben Wassinger, Jr., 2115 Del Mar Avenue, Kurt Haecker, 2706 Wagon Road, Mark Meyers, 820 South Harrison, Lewis Kent, 624 East Meves, Steve Rasmussen, 2608 Cochin, Jim Shamberg, Norwest Bank Building, Denny Busick, 3027 Brentwood Place, Bob Myer, 1413 Stagecoach, spoke in support of the Downtown Districts. Norma Kehm, 220 North Wheeler, Jim Sander, 218 North Harrison, Fran Zook, 1718 South Garland, Gloria Otradosky, 822 East Delaware, Daryl Olson, 2102 Pioneer, Wayne Marsh, 313 North Locust Street, Lou Kroeger, 822 North Wheeler, Fred Otradosky, 822 East Delaware, Louise Miller, 1104 West Charles, spoke in oppostiion to the district. Ardyth May, 2530 North Webb Road, noted that these issues should be discussed at a Downtown Improvement Board meeting. Councilmember Preisendorf noted that the Council did not want to dissolve the Districts. Councilmember Mehring suggested the City contract for the Downtown Development responsibilities. City Administrator Dale Iman spoke in support of having the Downtown Development Department as a City function due to the responsibilities, City funds, and auditing. Recommendations Relative to Council Meeting Agenda Format. Councilmember Johnson recommended that official action be taken at the next Council meeting to formalize the recommendations made by Lynn Rex, Executive Director of the League of Nebraska Municipalities. Councilmember Johnson suggested that the Rules and Procedures Governing Council Meetings be amended to eliminate Public Discussion of Non Agenda Items and to include a section on Submittal of Items for Future Council Meetings. Mr. Johnson noted that these actions would ensure compliance with the Open Meetings Law and provide all residents the ability to know what was scheduled for discussion on the agenda. Councilmember Murray agreed with the recommendations and suggested that then the Council meetings could be broadcast in their entirety. I I I Discussion on Concerns of Property Owners Relative to Placement of State Street Hike/Bike Trail. Attorney James Shamberg, 2810 Brentwood Boulevard, reported on the concerns of business owners along State Street who were concerned with the placement of the hike and bike trail on the south side of the street. Nelson Helm, Regional Planning Director, reported that the hike and bike trail had been a priority of the citizens during the adoption of the City's Comprehensive Land Use and Transportation Plan, and that the public right of way was utilized for the construction of the trail. Mr. Helm noted that recreation was not the only use of a hike and bike trail and that many people used a trail for alternate transportation. Councilmember Hosier stated that the location of the trail on the south side of State Street east of Highway 281 was a dangerous location. Councilmember Preisendorf suggested an alternate route to the Super Cell which would provide a trail for recreation purposes. Councilmember Solt left the meeting at 9:00 p.m. Councilmember Hosier left the meeting at 9:01 p.m. Wayne Bennett, Public Works Director, reported that the State Street trail was the first segment and suggested that studies could be completed prior to the extension of the trail. Fred Mehring, 102 Ponderosa Drive, M.D. Bahensky, 4251 Branding Iron Court, and Lyle Manchik, 1915 West Charles Street, spoke in opposition to the location of the trail, citing safety concerns. John Brownell, 2203 W oodridge Court, spoke in support of the trail. Mr. Shamberg suggested that the part of the trail that ran from Highway 281 to Conestoga Mall should be removed and alternatives reviewed relative to locating a trail on the north side of State Street or having the trail route to Capital Avenue. Aaron Baack, 2618 Chisholm Trail, representing Overland National Bank, Bill Williams, representing Graham Trail, Michelle Callihan, representing Commercial Federal Bank, and Randy Kratochvil, representing Bonanza, spoke in opposition to extension of the trail. Councilmember Murray stated that there were no plans at this time to extend the trail and that before any extension was completed Council would review the issue. Discussion on Employee Health Insurance. Chuck Haase, Finance Director, and representatives from Blue Cross/Blue Shield presented information relative to the City employees' health insurance plan. Mr. Haase outlined the benefits which were provided and spoke to the City's premiums. Councilmember Mehring questioned whether the additional benefits had caused an increase in the premiums. It was recommended that the City solicit competitive bids for the Insurance. Discussion on Property, Liability, and Workers Compensation Coverage. Chuck Haase, Finance Director, presented information on the City's property, liability, and workers compensation coverage. Discussion on City Auto Insurance. Chuck Haase, Finance Director, presented information on the City's auto insurance plan. Gale Squier, of The Insurance Group, was present to answer questions. Councilmember Mehring questioned whether the parking garage was covered under the auto insurance policy. Discussion on Operation of Truck-Tractors on Residential Streets. Councilmember Murray stated that he had been contacted by Marvin Mitchell of 118 Villa Mar Dee to address the issue of the operation of truck-tractors on residential streets. Marv Mitchell was present on behalf of the request. Councilmember Murray stated that the issue was one of safety and that direction needed to be given to law enforcement as to whether the operation of a tractor was any different I I I Page 2, City Council Study Session, August 21, 1995 from a safety perspective from operation of a Winnebago. City Administrator Dale Iman stated that the issue could be handled administratively. ADJOURNMENT: The meeting was adjourned at 10:10 p.m. Respectfully submitted, ~ ~&n~~ Cindy K. Cartwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING August 28, 1995 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 on August 28, 1995. Notice of the meeting was given in the Grand Island Independent on August 23, 1995. Council President Preisendorf called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Lueth, Hosier, Preisendorf, Kehm, Mehring, Seifert, Sorensen, Murray, Johnson, and Solt. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, Acting City Attorney Lisa Thayer, and Public Works Director Wayne Bennett. PLEDGE OF ALLEGIANCE was said, followed by INVOCATION given by Reverend David Vaughn. APPROVAL OF MINUTES: Motion by Murray, second by Sorensen, carried unanimously to approve the minutes of the August 14, 1995 City Council Regular Meeting and the minutes of the August 21, 1995 City Council Study Session. RESERVE TIME TO SPEAK ON AGENDA ITEMS: Eight individuals reserved time to speak on agenda items. PRESENTATION: Dave Peterson, Human Resource Manager at Ore-Ida, presented two $5,000 checks to the Grand Island Fire Department for assistance in the purchase of a rescue truck. PUBLIC HEARINGS: Public Hearing on Acquisition of Utility Easement from Monfort. Inc. Gary Mader, Utilities Director, reported that in 1994, the Nebraska State Legislature enacted legislation which required municipalities to provide notice and hearing prior to authorizing any acquisition of real estate, including routine acquisitions such as utility and public works easements. No public testimony was heard. Public Hearing on Request of GMRI. Inc.. dba Red Lobster. 3430 West 13th Street. for Class "I" Liquor License. City Clerk Cindy Cartwright reported that Ms. Anita Gutel, 16209 Bancroft Circle, Omaha, representing GMRI, Inc., dba Red Lobster, 3430 West 13th Street, had submitted an application with the City Clerk's Office for a Class "I" Liquor License to replace the Class "I" Liquor License currently held. The Clerk introduced the following exhibits for the record: Class "I" application filed with the Liquor Control Commission and received by the City on August 16, 1995; Notice to general public of date, time, and place of hearing published I I I Page 2, City Council Regular Meeting, August 28, 1995 on August 19, 1995; Notice to the applicant of date, time, and place of hearing mailed on August 19, Chapter 4 of City Code and Departmental reports as required by City Code. No public testimony was heard. REOUESTS AND REFERRALS: Receipt of Official Documents. Motion by Solt, second by Murray, carried unanimously to approve and place on file the minutes of the July 19, 1995 Animal Advisory Board Meeting, and the minutes of the July 28, 1995 Civil Service Commission Meeting. Certifying 1995-1996 Community Redevelopment Budget. Bob Meyer, Chairman of the Community Redevelopment Authority, presented information on the history of the Community Redevelopment Authority which was created by the City Council on June 27, 1995 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. Mr. Meyer noted that the Community Redevelopment Authority had worked diligently in 1994 and 1995 to educate themselves on their statutoriallegal responsibilities and to create a blight study and redevelopment plan, and that the CRA had prepared and approved the 1995-1996 Budget which required certification by the City Council. Councilmember Johnson questioned the use of the contingency funds. Councilmember Murray questioned whether State Statutes established the limit of the tax levy. Mr. Meyer responded that the maximum levy was .26 and the Community Redevelopment Authority had requested .256. City Attorney Lisa Thayer noted that the Council had the responsibility to certify the budget as approved by the Community Redevelopment Authority. Councilmember Preisendorf spoke in support of the Community Redevelopment Authority. John Wagoner, 1711 South Harrison, questioned whether the tax levy was added to the City's budget. Dale Iman, City Administrator, noted that as per a letter from the State of Nebraska Auditor of Public Accounts the tax levy was separate from the City's. Michael McQuillen, attorney/general counsel for the Community Redevelopment Authority, stated that State Statutes 18-2107 provided that the Community Redevelopment Authority had the obligation to certify to the governing body the amount of tax to be levied. Motion by Murray, second by Solt, carried unanimously to approve. Approving Request of Grand Island Liederkranz. 403 West First Street. for Special Designated Liquor Permit. Motion by Seifert, second by Kehrn, carried unanimously to approve the request of the Grand Island Liederkranz for a Special Designated Liquor Permit for Saturday, October 14, 1995, from 7:00 p.m. to 1:00 a.m., to provide for the sale of food, provide entertainment, and a dance in the 151 x 131 indoor ballroom. Approving Request of GMRI. Inc.. dba Red Lobster. 3430 West 13th Street. for Class "I" Liquor License. Motion by Seifert, second by Kehrn, carried unanimously to approve the request of GMRI, Inc., dba Red Lobster, 3430 West 13th Street, for a Class "I" Liquor License. I I I Page 3, City Council Regular Meeting, August 28, 1995 Approving Request of Anita Gutel for Liquor Manager Designation for GMRI. Inc.. 3430 West 13th Street. Motion by Seifert, second by Kehm, carried unanimously to approve the request of Anita Gutel, 16209 Bancroft Circle, Omaha, for Liquor Manager Designation for GMRI, Inc., dba Red Lobster. Approving Request of Maria Erives. 318 East Fourth Street. for Extension of Nonconforming Use. Craig Lewis, Building Inspections Director, reported that Ms. Maria Erives, 318 East Fourth Street, had submitted a request for an addition to a current non-conforming use to allow an addition to the house located at 318 East Fourth Street. Mr. Lewis noted that Section 36-61 of the City Code stated in part that the City Council may, when it deemed proper, permit expansions of land use in all cases where a refusal to do so would bring hardship to the owner. Mr. Lewis noted that although an extension of non-conforming use would not appear to create any adverse effects on the neighboring properties, several building code issues relative to the request for proposed expansion were at issue. It was reported that specifically, although the zoning classification allowed a zero side yard setback, the building code required a one-hour fire rated wall to be constructed on the property line and no windows or doors would be permitted, and the required one-hour fire wall would need to be constructed to the outer edge of the building and if that building was greater than one thousand square feet in floor area and had combustible roof construction, the wall must extend as a parapet wall 30" above the roof surface. Motion by Sorensen, second by Johnson to approve the request for extension of nonconforming use. Upon roll call vote, Johnson, Hosier, Solt, Lueth, Kehm, Mehring, Murray, Seifert, and Sorensen voted aye. Preisendorf voted nay. Motion adopted. Approving Request of Norman Buck. 2732 North Diers Avenue. for Placement of Asphalt on Public Right of Way. Wayne Bennett, Public Works Director, reported that Mr. Norman Buck, President of Buck's Moving & Storage, 716 South Elm Street, had submitted an application for a License Agreement to allow for the placement of asphalt on the public right of way, located at 2732 North Diers Avenue. It was noted that subdivision regulations required sidewalks to be installed with construction and that the property owner had placed asphalt on public right-of-way between the cub and right-of-way line, and did not take out the required sidewalk permit. Councilmember Sorensen spoke in support of the property owner's actions and noted that none of the neighbors had sidewalks. Councilmember Preisendorf suggested that the License Agreement note that if the area became further developed sidewalks would be required. Craig Lewis, Building Inspections Director, reported that it would be difficult to come back at a later time when improvements were completed and require the sidewalk, and that an amendment would have to be made to the subdivision agreements to provide for this. Councilmember Johnson noted that sidewalks had been a continuous problem and spoke in support of the current policy. Councilmember Seifert agreed with Councilmember Johnson and noted that the northwest area suffered from this. Councilmember Kehm made a motion to approve the license agreement contingent upon removal of the asphalt from the sidewalk area and replacement with a sidewalk. Second by Murray. Norm Buck, 2808 Apache, spoke in support of the request. Upon roll call vote, Johnson, Hosier, Preisendorf, Kehm, Seifert, Solt, and Murray voted aye. Lueth, Mehring, and Sorensen voted nay. Motion adopted. I I I Page 4, City Council Regular Meeting, August 28, 1995 Approving Request of Equitable Building and Loan Association, 113-115 North Locust Street. for Use of Public Right of Way. Wayne Bennett, Public Works Director, reported that Mr. James W. Olson, President/CEO of Equitable Building and Loan Association, 113-115 North Locust Street, had submitted an application for a License Agreement to allow for the installation of wiring under the public alley to serve the A TM machine located at the northwest comer of First and Pine Streets. Motion by Sorensen, second by Kehm, carried unanimously to approve. Approving Request of the Alzheimers Association for Use of Public Streets. Motion by Seifert, second by Sorensen, carried unanimously to approve the request of the Alzheimer Association to utilize certain streets for the Alzheimer Association Memory Walk to be held on Sunday, September 24, 1995. Amending Subdivision Agreement for Rapien Subdivision. Nelson Helm, Regional Planning Director, reported that on July 10, 1995, the City Council approved the Final Plat and Subdivision Agreement for Rapien Subdivision, a 3.77 acre tract of land located on the north side of U.S. Highway 30, immediately east of Willow Street and that the Grand Island Subdivision Regulations required that new subdivisions adjacent to federal or state highways have a 30' wide landscaped area next to the highway. Mr. Helm stated that landscaping must be provided within two years of the occupancy permit for the principal building on the lot but that no building was present at this time. It was noted that reconstruction of Highway 30 was anticipated in the future along this property and that any landscaping and sprinkling system installed before the construction began would be ripped up and largely destroyed. Mr. Helm recommended that an amendment to the Landscaping provision of the Subdivision Agreement be adopted which would require that the landscaping be provided within six months after the date of tentative acceptance by the State of Nebraska of the contract work for the highway improvement project and thereafter be maintained. Motion by Johnson, second by Lueth, carried unanimously to approve. RESOLUTIONS: #95-241 - Awarding Bid for Property, Liability, and Workers Compensation Insurance. Chuck Haase, Finance Director, reported that as discussed at the August 21, 1995, City Council Study Session, the Finance Department recommended Arthur J. Gallagher Company for the City's Risk Management Program for the property, casualty, workers compensation, and general liability insurance coverage. Mr. Haase noted that the contract provided for a two month extension and would convert to an October 1, renewal date effective October 1, 1995 in order to coincide with the City's fiscal year. Motion by Solt, second by Murray, carried unanimously to approve. #95-242 - Awarding Bid for Employee Health Insurance. Chuck Haase, Finance Director, reported that this item provided for a 14-month renewal of the City's personnel health insurance contingent premium contract with Blue Cross and Blue Shield of Nebraska, and noted that the annual premium for renewal of health insurance was for the period of August 1, 1995 through October 1, 1996, and that the policy renewal reflected a 14.14% increase in premiums. Councilmember Mehring questioned whether the inclusions had to be accepted by the City. Blue I I I Page 5, City Council Regular Meeting, August 28, 1995 Cross and Blue Shield representative Dan Swartzkopf stated that the plan had to adhere to state mandates. Dale Iman, City Administrator, Motion by Solt, second by Murray, carried unanimously to approve. #95-243 - Awarding Bid for Auto Insurance. Chuck Haase, Finance Director, reported that this item provided for the renewal of the City's automobile insurance coverage contract with The Ohio Casualty Group, served locally by The Insurance Group, and that the annual premium for renewal of automobile insurance was for the period of August 1, 1995 through August 1, 1996, and reflected an increase of 6.4% from the prior year's cost, due to the age and size of the City fleet. Motion by Solt, second by Murray, carried unanimously to approve. #95-244 - Awarding Bid for Cab and Chassis Trucks. Beth Griffiths, Purchasing Agent, reported that the Public Works Department had received bids for the purchase of two GVW cab and chassis trucks to serve the Street and Transportation Division, and that four bids had been received, ranging from $55,300 to $66,114. Ms. Griffiths noted that the low bid had been submitted by Hansen International of Grand Island in the amount of $55,300. Motion by Mehring, second by Solt, to approve. Upon roll call vote, Lueth, Solt, Hosier, Preisendorf, Kehm, Seifert, Mehring, Murray and Sorensen voted aye. Councilmember Johnson was absent at the time the vote was taken. Motion adopted. #95-245 - Awarding: Bid for Track Loader. Beth Griffiths, Purchasing Agent, reported that the Public Works Department had received bids for the purchase of a 1995 track loader to serve the Solid Waste Division, and that one bid had been submitted, from Nebraska Machinery Company of Doniphan in the amount of $245,701, with trade-in. Motion by Mehring, second by Solt, to approve. Upon roll call vote, Lueth, Solt, Hosier, Preisendorf, Kehm, Seifert, Mehring, Murray and Sorensen voted aye. Councilmember Johnson was absent at the time the vote was taken. Motion adopted. #95-246 - Awarding Bid for Polemount Transformers. Beth Griffiths, Purchasing Agent, reported that the Utilities Department had received bids for the purchase of five types of polemount transformers to serve the Electric Line Division and that two of the items could be awarded without Council action as the total award to each individual bidder was less than $10,000. Ms. Griffiths noted that four bids had been received and that after evaluation, the lowest bid meeting specifications was submitted by Dutton Lainson of Hastings in the amount of $18,541.08, plus tax. Motion by Mehring, second by Solt, to approve. Upon roll call vote, Lueth, Solt, Hosier, Preisendorf, Kehm, Seifert, Mehring, Murray and Sorensen voted aye. Councilmember Johnson was absent at the time the vote was taken. Motion adopted. #95-247 - Awarding: Bid for Cleaning: and Maintenance of Boiler Fan Motors. Beth Griffiths, Purchasing Agent, reported that the Utilities Department had received bids for cleaning and maintenance of the two boiler fan motors at the Platte Generating Station; one 3,000 horse power and one 1,250 horse power, and that four bids had been received, ranging from $11,681 to $21,460. Ms. Griffiths noted that the low bid had been submitted by Westinghouse Electric of Kansas City, Missouri, in the amount of $11,681. Motion by Mehring, second by Solt, to I I I Page 6, City Council Regular Meeting, August 28, 1995 approve. Upon roll call vote, Lueth, Solt, Hosier, Preisendorf, Kehm, Seifert, Mehring, Murray and Sorensen voted aye. Councilmember Johnson was absent at the time the vote was taken. Motion adopted. #95-248 - Approving Acquisition of Utility Easement. Motion by Kehm, second by Johnson, carried unanimously to approve the acquisition of the utility easement. #95-249 - Approving Interlocal Agreement with Community Redevelopment Authority. Bob Meyer, Chairman of the Community Redevelopment Authority, reported that the Community Redevelopment Authority had determined that in order to perform administrative functions as needed to fulfill the goals and objectives of the Authority, it was necessary to utilize the services of a Director/Secretary. Mr. Meyer added that an Interlocal Agreement which designated the Downtown Development Director as the Community Redevelopment Authority Director/Secretary, at a reimbursement rate of 25 % of the Downtown Development Director's salary had been prepared. Jim Sander, 218 North Harrison, suggested that the agreement be discussed at a Study Session. Michael McQuillen, legal counsel for the Community Redevelopment Authority, spoke in support of the agreement. Councilmember Solt expressed concern with the naming of a specific individual in the agreement. Solt moved to table the approval of the Interlocal Agreement to a Study Session. Second by Sorensen. Upon roll call vote, Lueth, Hosier, Johnson, Preisendorf, Kehm, Seifert, Mehring, Solt, and Sorensen voted aye. Murray voted nay. Motion adopted. #95-250 - Approving Change Orders #7 and #8 to Webb Road Widening Project. Wayne Bennett, Public Works Director, reported that the State Department of Roads had developed Change Orders #7 and #8 for the Webb Road Widening Project which provided for installation of a water service and abandonment of a cistern discovered in the right-of-way. Mr. Bennett noted that the Change Orders would result in a net increase of $4,094.32 to the contract amount. Motion by Johnson, second by Solt, carried unanimously to approve. #95-251 - Amending Rules and Procedures Governing Council Meetings. Dale Iman, City Administrator reported that at the City Council Study Session of August 21, 1995, discussion was held on amending the Rules and Procedures Governing Council Meetings to reflect the recommendation of L. Lynn Rex, Executive Director of the League of Nebraska Municipalities and to provide for more efficient and productive Council meetings. Mr. Iman noted that in order to ensure that the Council meetings were in compliance with the spirit and intent of the Open Meetings Law, it was recommended that the Public Discussion of Non Agenda Items be amended to Submittal of Public Requests for Future Agenda Items which would allow individuals to request that an item be included on a future meeting agenda. Mr. Iman explained that inasmuch as the City Council meeting Agenda was posted in advance of the meetings, this action would ensure that the public was provided with notice of all matters which would be presented to the City Council. Councilmember Mehring suggested that Submittal of Public Requests for Future Agenda Items be relocated to after approval of minutes so that individuals would not need to remain for the entire meeting. M.D. Bahensky, 4251 Branding Iron Court, spoke on the issue. Councilmember Johnson noted that many matters could be handled administratively. I I I Page 7, City Council Regular Meeting, August 28, 1995 Motion by Johnson, second by Solt, carried unanimously to approve. #95-252 - Consideration of Recommendations for Downtown Development Department. Councilmember Sorensen reported that he had forwarded Resolution #95-252 regarding the removal of the Downtown Development Department as a City function, but that due to legal inconsistencies he was requesting the item be pulled from the agenda. Councilmember Solt suggested not taking any action on the item. Motion by Sorensen, second by Solt to table. Councilmember Sorensen recommended that the Downtown Improvement Board and staff review all complaints of downtown business and determine where the concerns exist. Diane Haney, 1030 East Phoenix, and Victor Aufdemberge, 403 East 17th, spoke in support of the Downtown Development Department. Jim Sander, 218 North Harrison, and John Wagoner, 1711 South Harrison, spoke on the issue. City Administrator Iman reviewed the history of the Downtown Development Department. Upon roll call vote, all voted aye to table. ORDINANCES: Councilmember Sorensen moved that the statutory rules requiring that ordinances be read by title on three different days be suspended and that ordinance numbered: #8126 - Amending City Code Relative to the Deletion of the Pre-Defined Electric Demand for Waste Water Treatment Plant be considered for passage on the same day upon reading by number only, and then placed on final passage, and that the City Clerk be permitted to call out the number of the Ordinances on their first and final reading, and then upon final passage, and call for a roll call vote on each reading and final passage. Second by Solt. After inviting questions or comments and there being none, Council President Preisendorf called for a roll call vote on the motion. Upon roll call, all voted aye. Clerk: Ordinance #8126 on its first reading. All those in favor of the passage of the ordinance, answer roll call. Upon roll call, all voted aye. Motion adopted. Clerk: Ordinance #8126 on its final passage. All those in favor of the passage of the ordinance on final passage, answer roll call. Upon roll call vote, all voted aye. Motion adopted. Mayor: By reason of the roll call votes on the first and final passage of said ordinance, Ordinance #8126 is declared to be lawfully passed and adopted upon publication as required by law. ADJOURNMENT TO EXECUTIVE SESSION: Motion by Solt, second by Kehm, to adjourn to Executive Session to discuss pending litigation and a personnel matter. Councilmember Murray questioned the pending litigation and personnel matter which could not be discussed at an open meeting. City Attorney Lisa Thayer noted that there was a case involving Dianne I I I Page 8, City Council Regular Meeting, August 28, 1995 Kelley which was pending before the Supreme Court and that an Executive Session could be called to prevent needless harm to a person's reputation. Adjournment to Executive Session took place at 8:55 p.m. RETURN TO REGULAR SESSION: Motion by Kehm, second by Lueth, carried unanimously to return to Regular Session at 10:01 p.m. PAYMENT OF CLAIMS: Motion by Johnson, second by Solt, carried unanimously to approve the claims in the amount of $1,114,298.96 as presented by the City Clerk and to include $1,832 to Dowding and Dowding Law Firm, $10,000 to Luebs, Leininger Smith Busick and Johnson Law Firm and $6,836.88 to Jim Truell Law Firm. Councilmember Mehring abstained from voting on Claim 033610. Councilmember Lueth abstained from voting on Claim 033610. Councilmember Seifert abstained from voting on Claim 03316. Councilmember Solt abstained from voting on Claim 033936 and 033917. Councilmember Preisendorf abstained from voting on Claim 033494. Motion to approve the Claims was adopted. ADJOURNMENT: The meeting was adjourned at 10:05 p.m. Respectfully submitted, f'j . '" '/) 1 ! l),llclu +\WtJu.1ViQ ~ Cindy K. ~artWright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING September 11, 1995 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 on September 11, 1995. Notice of the meeting was given in the Grand Island Independent on September 6, 1995. Council President Preisendorf called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Lueth, Johnson, Solt, Preisendorf, Kehm, Mehring, Seifert, Murray and Sorensen were present. Councilmember Hosier was absent. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, Acting City Attorney Lisa Thayer, and Public Works Director Wayne Bennett. PLEDGE OF ALLEGIANCE was said, followed by INVOCATION given by Councilmember George Solt. APPROVAL OF MINUTES: Motion by Sorensen, second by Seifert, carried unanimously to approve the minutes of the August 28, 1995 City Council Meeting. SUBMITTAL OF REOUESTS FOR FUTURE AGENDA ITEMS: No members of the public submitted requests for future agenda items. RESERVE TIME TO SPEAK ON AGENDA ITEMS: Four individuals reserved time to speak on agenda items. PROCLAMATIONS: City Clerk Cindy Cartwright reported that September 15-0ctober 15, 1995 had been proclaimed Hispanic Heritage Month; September 17 -September 23, 1995 had been proclaimed as Constitution Week; and October 28, 1995 had been proclaimed as Make a Difference Day. City Clerk Cindy Cartwright read the Proclamation Designating Hispanic Heritage Month "Whereas the Citizens of the United States should recognize those first settlers who hurdled the barriers of language, culture, and tradition to forge a new nation rich in heritage and freedom; and Whereas the Hispanic people have played a distinguished role in the history of our nation and have contributed to the quality of our lives through their strong moral convictions for family and religion; and Whereas Outstanding Hispanic men and women have advanced our nation and our state in the sciences, technology and business, public service and the arts; and therefore in recognition of the innumerable contributions to society by men and women of Hispanic origin, I Ken Gnadt, Mayor of the City of Grand Island, Nebraska, do hereby proclaim the month of September 15 through October 15, 1995 as Hispanic Heritage Month in the City of Grand Island and I urge all citizens to take due note of this observance." Yolanda Nuncio, 4362 Manchester Road, Taba Ramirez, 806 East 6th Street, Noe Mendoza, 122 I I I Page 2, City Council Regular Meeting, September 11, 1995 West 8th Street, Oscar Andazola, 706 North Poplar, and Silvia Andazola, 706 North Poplar, spoke in support of Hispanic Heritage Month. PUBLIC HEARINGS: Public Hearing on Proposed Amendment to Grand Island Zoning Ordinance Relative to Landscaping Requirements. Nelson Helm, Regional Planning Director, reported that on March 7, 1995, the City Council adopted Ordinance #8067, which amended Chapter 36 of City Code relative to landscaping regulations, setting forth the establishment of landscaping regulations which would provide for a minimum standard for landscaping of new development projects of a commercial, industrial, or multiple family residential nature. Mr. Helm noted that it had been suggested that a modification be made to the regulations which would provide that landscaping shall not be required on a lot or parcel if no building thereon has or requires water service in the Ml or M2 Zones. Mr. Helm explained that this would decrease the financial and practical hardship imposed on facilities which had no need for water service and that the amendment provided that if water service was later provided, then the requirements would apply. Buzz Rumbaugh, 2316 West Oklahoma, spoke in support of the proposed change. PUBLIC HEARING ON ACQUISITION OF SIDEWALK EASEMENT. Lisa Thayer, Acting City Attorney, reported that in 1994, the Nebraska State Legislature enacted legislation which required municipalities to provide notice and hearing prior to authorizing any acquisition of real estate, including routine acquisitions such as utility and public works easements. Consequently, the City must now hold a Public Hearing on the acquisition of the proposed property, as well as approve the acquisition via a Resolution. It was noted that acquisition of a sidewalk easement located near State Street and U. S. Highway 281 was required for the installation of a sidewalk. No public testimony was heard. DISCUSSION AND INFORMATION ITEMS: Discussion on Parking of Recreational Vehicles on Public Streets. Councilmember George Solt reported that Chapter 22 of City Code set forth the regulations for the parking and storing of Recreational Vehicles and that he had been contacted by a citizen requesting review of Chapter 22 and recommended an amendment to the Chapter which would provide for the parking on a driveway within the front yard area or upon the streets surrounding the property of the owner during the recreational season, commencing April 15 and ending September 15. Suann Davis, 1123 West First Street, spoke in support of the request. Councilmember Johnson noted that even with the proposed amendment, vehicles would be required to be moved every 24 hours. Councilmember Kehm suggested that the request be returned to a Study Session. Councilmember Mehring questioned Police Chief Watson as to the ramifications of the proposed change. Watson reported that the Ordinance had been changed in April due to the number of citizen complaints received relative to the safety of allowing recreational vehicles to be parked in the street. City Administrator Dale Iman stated that allowing recreational vehicles on the streets could become a vandalism issue as well as a safety issue. Mr. Iman added that aesthetics of the community were important. Councilmember Sorensen moved to table discussion to next I I I Page 3, City Council Regular Meeting, September 11, 1995 week's Study Session. Second by Kehm. Upon roll call vote, Lueth, Solt, Preisendorf, Kehm, Seifert, Sorensen, Mehring and Murray voted aye. Johnson voted nay. Motion adopted. REOUESTS AND REFERRALS: Receipt of Official Documents. Motion by Kehm, second by Sorensen, carried unanimously to receive and place on file the minutes of the Library Board Meeting of August 7, 1995 and the minutes of the Civil Service Commission meeting of August 28, 1995. Approval of Preliminary Study for Silverwood Second Subdivision. Motion by Johnson, second by Solt, carried unanimously to approve the Preliminary Study for Silverwood Apartments, a 2.38 acre tract of land located on the north side of Stolley Park Road, immediately west of Barr Junior High School to provide lots for a twenty unit residential development. Approval of Appointment to Regional Planning Commission. Motion by Sorensen, second by Johnson carried unanimously to approve the appointment of Ms. Dee Price, 4207 Nordic Road, to continue to serve on the Regional Planning Commission. It was noted that Ms. Price's reappointment term would be for a three-year term, commencing on October 1, 1995. Approval of Request for Use of Public Streets for Mexican Independence Day Parade. Motion by Kehm, second by Sorensen, carried unanimously to approve the request of Ms. Yolanda Nuncio, 4362 Manchester Road, for a parade permit for use of City streets on September 16, 1995 for the Mexican Independence Day Parade. Approval of Agreement with Central Platte Natural Resources District for Moore's Creek Study. Nelson Helm, Regional Planning Director, reported that the Moore's Creek drainage project was initiated approximately ten years ago to provide storm drainage and a measure of flood protection to the northwest area of the City, and that the $3,000,000 project was nearing completion with the final excavation and grading of the super cell. Mr. Helm noted that inasmuch as the Central Platte Natural Resource District was the contracting agent for construction of this joint venture project, they were approached about the possibility of contracting with a consultant to complete a hydrologic study and analysis and develop an application for a letter of map revision to the Federal Emergency Management Agency to redefine the flood plain in this part of the City. It was noted that this would save those property owners large sums of flood plain insurance premiums over future years and would encourage additional economic development in the area. Mr. Helm explained that the Central Platte Natural Resource District, at their meeting of August 24, 1995, agreed to be the contracting agent for the project and to participate in cost sharing. It was reported that the proposed cost share was similar to the original project, minus Hall and Merrick County participation since they would not benefit by the study, and that the estimated Central Platte Natural Resource District share of the contract would be $13,614 and the City of Grand Island's share would be $23,041. Motion by Seifert, second by Kehm to approve the agreement with Central Platte Natural Resources District. I I I Page 4, City Council Regular Meeting, September 11, 1995 RESOLUTIONS: #95-253 - Approving Extension of Completion Date for Water Main Proiect 95-W-6. Pine Street from Koenig Street to Ashton Street. Gary Mader, Utilities Director, reported that Mr. Fred Goering, Vice President of Diamond Engineering Company, had requested that the City extend the construction date on Pine Street Water Main 95-W-6, Koenig to Ashton Streets due to delays associated with the wet soil conditions and high water tables. It was recommended that the completion date be extended to October 20, 1995. Motion by Kehm, second by Lueth, carried unanimously to approve. #95-254 - Approving Property. Liability. and Worker's Compensation Insurance. Chuck Haase, Finance Director, reported that this item provided for the renewal of the property, liability, and workers compensation insurance contract with Arthur J. Gallagher Company and that the annual $385,439 premium for renewal of the City's Risk Management Program for the property, liability, and workers compensation, and general liability insurance coverage was for the period of October 1, 1995 to October 1, 1996 and provided a savings of 1.3%, or $4,979 from the prior year's coverage. Motion by Kehm, second by Lueth, carried unanimously to approve. #95-255 - Approving Endorsement to Health Insurance Contract Relative to Allowable Charge Definition. Chuck Haase, Finance Director, reported that at the August 28, 1995 City Council Meeting, the City's health insurance contract was renewed with Blue Cross and Blue Shield of Nebraska for the period of August 1, 1995 through October 1, 1996. Mr. Haase added that Blue Cross and Blue Shield had notified the City that they would be making some changes to all plans regarding: 1) the definition of allowable charge; 2) the information provided to participants on Explanation of Benefits forms; and 3) State mandated benefits and stated that Blue Cross and Blue Shield proposed these endorsements to the master group contract effective October 1, 1995. Motion by Kehm, second by Lueth, carried unanimously to approve. #95-256 - Approving Agreement with Central Platte Natural Resource District for Drainage Improvement along Silver Creek. Wayne Bennett, Public Works Director, reported that on February 20, 1995, the City Council adopted Resolution #95-37, which provided for an agreement between the Central Platte Natural Resources District and the City of Grand Island for a 50/50 cost share for the Silver Creek Flood Project to benefit the Capital Heights area, and that the preliminary estimate by the Central Platte Natural Resource District was a not-to-exceed amount of $20,000 for each party. Mr. Bennett stated that now the Central Platte Natural Resources District had opened bids for the project and, based on the actual bids, determined that the cost share for each party would not be in excess of $23,950. Mr. Bennett added that the Central Platte Natural Resources District Board of Directors had approved their participation for the increased amount and approval to increase the City's cost share amount was required. Motion by Seifert, second by Solt, carried unanimously to approve. #95-257 - Approving Final Plat and Subdivision Agreement for Galvan Third Subdivision. Nelson Helm, Regional Planning Director, reported that Mr. and Mrs. Michael Galvan, 563 East Capital Avenue, had submitted the final plat for Galvan Third Subdivision, a 1.111 acre tract I I I Page 5, City Council Regular Meeting, September 11, 1995 of land located between Capital Avenue and 20th Street, approximately 550 feet west of Saint Paul Road, and noted that this subdivision consisted of two adjacent lots split into four lots. Motion by Murray, second by Solt, carried unanimously to approve. #95-258 - Approving Final Plat and Subdivision Agreement for Schaaf's Third Subdivision. Nelson Helm, Regional Planning Director, reported that Mr. and Mrs. Francis G. Schaaf, 4690 East Seedling Mile Road, had submitted the final plat for Schaaf's Third Subdivision, a 5.036 acre tract of land located on the north side of Seedling Mile Road; approximately 200 feet west of Gunbarrel Road, and that the purpose of the subdivision was to permit separate titles for two existing single family homes on the property. Motion by Murray, second by Solt, carried unanimously to approve. #95-259 - Approving Final Plat and Subdivision Agreement for Soto Subdivision. Nelson Helm, Regional Planning Director, reported that Mr. and Mrs. Jesse J. Soto, 1020 East Hall Street, owners, had submitted the final plat for Soto Subdivision, a .490 acre tract of land located on the north side of Hall Street, immediately east of Orange Road, and that the purpose of the subdivision was to allow the consolidation of two lots into one so that an accessory garage could be placed on the northerly portion of the lot. Motion by Murray, second by Solt, carried unanimously to approve. #95-260 - Approving Final Plat for Silverwood Second Subdivision. Nelson Helm, Regional Planning Director, reported that Silverwood Apartments, L.L.C., a Nebraska Limited Liability Company, c/o Jan Thayer, 2307 Stagecoach Road, had submitted the final plat for Silverwood Second Subdivision, a 2.38 acre tract of land located on the north side of Stolley Park Road, immediately west of Barr Junior High School to provide lots for a twenty unit residential development. Motion by Murray, second by Solt, carried unanimously to approve. #95-261 - Approving Agreement with Grand Island Soccer Association, Inc. Steve Paustian, Parks and Recreation Director, reported that on July 13, 1992, the City of Grand Island authorized City staff to establish a contract agreement with the Grand Island Soccer Association, Inc. relative to the maintenance and development of soccer fields. It was noted that at the time it was explained that additional expense for the maintenance of the soccer fields would exceed the projected user fees. Mr. Paustian stated that the user fees would provide 30% of the maintenance costs and that an agreement providing for the City's maintenance of the fields had been prepared. Councilmember Johnson stated that the fees proposed were minimal and that a higher user fee might be required. Councilmember Kehm thanked Mr. Paustian for the positive attempt to provide recreation to the youth, even with a reduced budget. Councilmember Preisendorf spoke in support of lower fees to enable all to participate in the program. Motion by Sorensen, second by Seifert, carried unanimously to approve. #95-262 - Approving Acquisition of Sidewalk Easement. Motion by Murray, second by Kehm, carried unanimously to approve the acquisition of a sidewalk easement. I I I Page 6, City Council Regular Meeting, September 11, 1995 #95-263 - Approving Community Development Home Ownership Opportunity Program Agreement. Lorene Janssen, Community Development, reported that on March 28, 1995, the City Council approved submittal of a grant application to the Nebraska Department of Economic Development, Housing Development Component of the Community Development Block Grant Program for grant funding in the amount of $120,000, for the Down payment Assistance Program. Ms. Janssen noted that the total grant award was $350,000 and that in order to secure a release of the funds, an agreement naming the Grand Island Area Housing Corporation as the sub-recipient for the down payment assistant portion of the grant was required. Motion by Kehm, second by Solt, carried unanimously to approve. #95-264 - Approving Services Agreement with Army Corps of Engineers for Reimbursement of Costs Relative to Extension to City Water System. Gary Mader, Utilities Director, reported that as a part of the Cornhusker Army Ammunition Plant Contamination Remediation project, the Army Corps of Engineers designed additional extensions to the City's water system to serve persons whose private wells were contaminated by RDX. It was noted that in 1994, the Army entered into a contract with Judds Brothers Construction to install these extensions and that the water mains were now in service, but remained the property of the Army. Mr. Mader reported that during the design, routing, and construction of the project, the Utilities Department provided assistance in support of the Army's project, including engineering, consulting, easement acquisition, field inspection, test tap installation, disinfection, and sampling for a total cost of $50,832.25 but that because the City was not under contract to the Army, the Corps of Engineers had no standard payment procedures for the City's services. Mr. Mader noted that the City had been reimbursed $33,352.50, leaving an unpaid balance of $17,479.75 and explained that the Army's contractor for the Remediation project design was Rust Environmental & Infrastructure, Inc., and that in order for the City to bill and receive payment for the outstanding balance owed, and render future bills for work to support the continuing project, the Army and Rust Environmental & Infrastructure, Inc. had forwarded a proposed agreement which would provide the City a contractual link to the project and an avenue for payment. Motion by Seifert, second by Solt, carried unanimously to approve. #95-265 - Approving Contract with Clean Community Systems. Betty Curtis, Executive Director, of the Clean Community System, was present on behalf of the agreement. Finance Director Chuck Haase noted that the City was attempting to formalize all arrangements for funding. Motion by Solt, second by Kehm, carried unanimously to approve. ORDINANCES: Councilmember Sorensen moved that the statutory rules requiring that ordinances be read by title on three different days be suspended and that ordinances numbered: #8127 - Amending Chapter 36 of City Code Relative to Zoning Ordinance #8128 - Approving Vacation of Easement at 4146 Arizona Avenue be considered for passage on the same day upon reading by number only, and then placed on I I I Page 7, City Council Regular Meeting, September 11, 1995 final passage, and that the City Clerk be permitted to call out the number of the Ordinances on their first and final reading and then upon final passage, and call for a roll call vote on each reading and final passage. Second by Seifert. After inviting questions or comments and there being none, Council President Preisendorf called for a roll call vote on the motion. Upon roll call, all voted aye. Clerk: Ordinances #8127 and #8128 on their first reading. All those in favor of the passage of the ordinances, answer roll call. Upon roll call vote, all voted aye. Motion adopted. Clerk: Ordinances #8127 and #8128 on their final passage. All those in favor of the passage of the ordinances on final passage, answer roll call. Upon roll call vote, all voted aye. Motion adopted. Council President: By reason of the roll call votes on the first and final passage of said ordinances, Ordinances #8127 and #8128 are declared to be lawfully passed and adopted upon publication as required by law. PAYMENT OF CLAIMS: Motion by Murray, second by Lueth, carried unanimously to approve the claims in the amount of $2,547,946.27 as presented by the City Clerk. Councilmember Preisendorf abstained from voting on Claim #034159. Councilmember Solt abstained from voting on Claims #034375 and #034337. ADJOURNMENT: The meeting was adjourned at 8:16 p.m. Respectfully submitted, CULc0: ~fuh1:1~ Cindy K. Cartwnght City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL STUDY SESSION September 18, 1995 Pursuant to due call and notice thereof, a Study Session of the City of Grand Island was conducted in the Community Meeting Room of City Hall on September 18, 1995. Notice of the meeting was given in the Grand Island Independent on September 13, 1995. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Preisendorf, Murray, Johnson, Solt, Lueth, Mehring, Kehm, and Sorensen. Councilmembers Hosier and Seifert were absent. The following City Officials were present: City Clerk Cindy Cartwright, Acting City Attorney Lisa Thayer, and Public Works Director Wayne Bennett. PRESENTATION ON COMMUNITY DEVELOPMENT LOAN PROGRAM. Andy Baird of the Economic Development Corporation and Stew Jobes with the Department of Economic Development presented information on the Economic Development Loan Program and reported that cities who participated in the program realized an increase in the tax base and number of jobs in the community and that there was no liability to the City for providing the grant administration. Mr. Jobes noted that the loans issued under the EDL Program showed an 80% success rate. Discussion was held on the benefits to the communities who are participating in the Economic Development Loan Program. Mr. Baird will provide information on the number of jobs created in recent years. DISCUSSION ON AMENDING DATES FOR OPEN BURNING. Councilmember Solt proposed that the dates and times established for open burning be amended to provide a more user friendly time for residents to burn their garden wastes and brush. Discussion was held on the effects of increasing the dates allowed for open burning inasmuch as the open burning was approved by the electorate. John Wagoner, 1711 South Harrison and Louise Miller, 11 04 West Charles, spoke in support of extending the dates. Councilmember Johnson spoke in support of amending the hours of burning so that people are not burning late in the evenings. Wayne Bennett, Public Works Director, reported that garbage haulers would pick up yard waste between December and March. Bob Wagoner, 1316 West Division, spoke on the issue. Councilmember Solt requested that staff prepare an Ordinance providing for a change in the open burning regulations to allow open burning from 8 a.m. to 8 p.m., for the first 14 days of November and the last 14 days of March. DISCUSSION ON PARKING OF RECREATIONAL VEHICLES ON PUBLIC STREETS. Discussion was held on the request of citizen Suanne Davis, 1123 West First, relative to parking of recreational vehicles on public streets. City Attorney Lisa Thayer addressed Chapter 22 of City Code as it related to the request. Councilmember Lueth spoke in support of current I Page 2, City Council Study Session, September 18, 1995 regulations citing safety as a primary concern. Councilmember Johnson noted that the Ordinance had recently been changed to address the public's concerns with the parking of recreational vehicles on the street. DISCUSSION ON AMENDING CITY CODE RELATIVE TO MOBILE VENDING VEHICLES. Councilmember Kehm spoke in support of allowing mobile vending units to operate on City streets, and stated that the City should not regulate free enterprise. Mr. Kehm voiced support for Police Chief Watson's request to eliminate the ten minute parking regulation. Councilmember Preisendorf stated that a mobile vending unit provided unfair competition to business owners who were paying real estate taxes and suggested eliminating vendors unless they operated a set distance away from competition. Councilmember Johnson spoke against establishing a restricted area and noted that the intent was to serve a valid need in the community. Councilmember Mehring noted that the license fee could be raised from the current $15. Danny Starostka, Kearney, spoke in support of a restricted area. Joyce Williams, 709 North Clark Street, spoke in support of current provisions. Councilmember Johnson requested a summary of permits issued. ADJOURNMENT: The meeting was adjourned at 9:27 p.m. Respectfully submitted, I ~.~ Kf~Jt h1l1'~ Cindy K. &rtwright City Clerk I I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING September 25, 1995 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 on September 25, 1995. Notice of the meeting was given in the Grand Island Independent on September 20, 1995. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Lueth, Solt, Hosier, Preisendorf, Kehm, Mehring, Seifert, Murray and Sorensen. Councilmember Johnson was absent. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, Acting City Attorney Lisa Thayer and Public Works Director Wayne Bennett. PLEDGE OF ALLEGIANCE was said, followed by INVOCATION given by Reverend Jim Keyser. APPRO V AL OF MINUTES: Motion by Kehm, second by Murray, carried unanimously to approve the minutes of the September 11, 1995 City Council Regular Meeting and the minutes of the September 18, 1995 City Council Study Session. SUBMITTAL OF REQUESTS FOR FUTURE AGENDA ITEMS: Three members of the public submitted requests for future agenda items. RESERVE TIME TO SPEAK ON AGENDA ITEMS: Six individuals reserved time to speak on agenda items. BOARD OF EQUALIZATION: Motion by Murray, second by Solt, carried unanimously to adjourn to the Board of Equalization. #95-BE-012 - Approving Benefits for Water Main District #416T, Highway 281 from Rae Road to Platte Valley Boulevard. Gary Mader, Utilities Director, reported that in its capacity as the Board of Equalization, it was necessary for the City Council to consider the assessment of benefits associated with Water Main District #416T which provided improvements in the form of a 20 inch water main located in Highway 281, from Rae Road to Platte Valley Boulevard. Motion by Murray, second by Solt, carried unanimously to approve. Councilmember Murray noted that the Resolution was erroneously numbered 94-BE-012 and should have been 95-BE- 012. I I I Page 2, City Council Regular Meeting, September 25, 1995 RETURN TO REGULAR SESSION: Motion by Preisendorf, second by Kehm, carried unanimously to return to Regular Session. PUBLIC HEARINGS: Public Hearing on Acquisition of Utility Easements. Gary Mader, Utilities Director, reported that in 1994, the Nebraska State Legislature enacted legislation which required municipalities to provide notice and hearing prior to authorizing acquisition of real estate, including routine acquisitions such as utility and public works easements. Mr. Mader stated that acquisition of a tract of land located on the south side of existing Tiffany Square building at 3119 West Faidley Avenue, was required for the installation, upgrade, maintenance, and repair of power appurtenances, including lines and transformers. No public testimony was heard. Public Hearing on Acquisition of Utility Easements. Gary Mader, Utilities Director, reported that acquisition of the utility easement in the new Menards Second Subdivision west of U. S. Highway 281, south of Capital Avenue, was required for the installation, upgrade, maintenance, and repair of power appurtenances, including lines and transformers. No public testimony was heard. Public Hearing on Request for Renewal of Conditional Use Permit for Temporary Placement of Mobile Home at 5050 Old Potash Highway. Craig Lewis, Building Inspections Director, reported that Wayne Bennett, Director of Public Works, City of Grand Island, had submitted an application for the renewal of a Conditional Use Permit for the temporary placement of a mobile home at 5050 West Old Potash Highway, to be used as a temporary office building. No public testimony was heard. DISCUSSION AND INFORMATION ITEMS: Discussion on Traffic Signals/Lights on College Street. Councilmember Preisendorf reported that he had been in contact with several residents who expressed concern relative to the need for installation of flashing yellow lights on the existing school speed zone signing and a pedestrian activated school crossing signal on College Street. Wayne Bennett, Public Works Director, reported that the Department had reviewed the request and recommended that a study of the proposed school crossing signal be completed to determine if the warrants set out in the Manual of Uniform Traffic Control Devices were met. Mr. Bennett also recommended that the Public Works Department survey other Nebraska cities to see what standards were used to determine where flashing beacons would be used on school crossing speed limit signs. Councilmembers Preisendorf and Sorensen spoke in support of installation of the signals and lights immediately. Tracy Pribbeno, 1807 North Huston, Ed Walker, 224 East 19th, and Pat Enck, 1603 North Taylor, spoke in support. Louise Miller, 1104 West Charles, spoke on the issue. Motion by Sorensen, second by Solt, carried unanimously to install the traffic lights and flashing yellow lights on the school zone signs immediately. I I I Page 3, City Council Regular Meeting, September 25, 1995 REOUESTS AND REFERRALS Receipt of Official Documents. Motion by Preisendorf, second by Kehm, to receive and place on file the minutes of the Civil Service Commission Meeting of August 21, 1995, the minutes of the Civil Service Commission Meeting of September 1, 1995, the minutes of the Regional Planning Commission Meeting of September 6, 1995, and official bonds in the amount of $50,000 filed with the City Clerk's Office and reviewed by the City Attorney for Central Waste Disposal, Inc., Clark Brothers Sanitation, Inc., Mid-Nebraska Disposal, Inc., Third City Sanitation, Inc., and Ummel Sanitation. Upon roll call vote, Lueth, Solt, Preisendorf, Kehm, Mehring, Murray, Seifert, and Sorensen voted aye. Hosier was absent at the time the vote was taken. Motion adopted. Approving: Requests for Concession Stands for Harvest of Harmony Parade. Motion by Sorensen, second by Lueth, carried unanimously to approve the use of city property for concession stands for the Harvest of Harmony Parade. City Clerk Cindy Cartwright noted that a permit from the Health Department was required for the temporary food stands. Upon roll call vote, Lueth, Solt, Preisendorf, Kehm, Mehring, Murray, Seifert, and Sorensen voted aye. Hosier was absent at the time the vote was taken. Motion adopted. Approving: Appointment of City Attorney. Mayor Gnadt recommended the appointment of Mr. Charles Cuypers to serve as City Attorney, and stated that Mr. Cuypers had experience in both municipal law and Nebraska law and had served as Assistant City Attorney in Grand Island from 1986 to 1989. Councilmember Seifert questioned the process used to interview and select the appointment. Mayor Gnadt stated that maintaining confidentiality of the individuals applying had been a consideration. Motion by Solt, second by Seifert, to adjourn to Executive Session for discussion of a personnel matter. Upon roll call vote, Solt, Hosier, Kehm, Mehring, Seifert, Murray, and Sorensen voted aye. Preisendorf and Lueth voted nay. Motion adopted. Adjournment to Executive Session was at 7:52 p.m. Motion by Kehm, second by Solt, carried unanimously to return to Regular Session at 8:05 p.m. Glendale Reiss, 910 North Boggs, questioned the salary for the City Attorney. City Administrator Dale Iman reported that Mr. Cuypers' salary would be $55,751.70 with the standard employee benefits. Lewis Kent, 624 East Meves, applauded the Council for selecting a local candidate. Motion by Kehm, second by Solt, to approve the appointment of Charles Cuypers as City Attorney. Upon roll call vote, Lueth, Hosier, Preisendorf, Solt, Kehm, Mehring and Murray voted aye. Seifert voted nay. Sorensen abstained. Motion adopted. Mr. Cuypers thanked the Mayor and Council for their support. Approving: Appointments to Human Rights Commission. Motion by Kehm, second by Preisendorf, carried unanimously to approve the appointment of Ms. Dale Baker, 1316 West Anna Street, Mr. Johnnie Walker, 3106 Magnolia Court, Mr. Dan Novotny, 1216 West Division Street, and Mr. Brian Fiala, 1512 Rainbow Road, to serve on the Human Rights Commission. Louise Miller, 1104 West Charles, questioned the role of the Commission and the salary. Cindy Cartwright, City Clerk reported on the responsibilities and stated that it was a volunteer position and that there was no salary. I I I Page 4, City Council Regular Meeting, September 25, 1995 Approving Request for the Renewal of a Conditional Use Permit for Temporary Placement of a Mobile Home. Motion by Kehm, second by Sorensen, carried unanimously to approve the request of the City of Grand Island for renewal of a Conditional Use Permit for the Temporary Placement of a Mobile Home at 5050 West Old Potash Highway. Approving Referral of Rezoning Request to Regional Planning Commission. Motion by Solt, second by Preisendorf, carried unanimously to refer the application of Arbor Development Group, Inc., 1650 Farnam Street, Suite 920, Omaha, Nebraska, 68102, for rezoning of the property at 12th and Evans Street, from a "TA" (Transitional Agriculture) Zone to an "RD" (Residential Development) Zone. It was noted that the purpose of the request was for the construction of 120 units of multi-family housing and to plan an area for future development. The City Clerk noted that the request would be referred to the Regional Planning Commission for a Public Hearing and recommendation as provided for in the City Code, and returned to the City Council for a Public Hearing at a later date. RESOLUTIONS: #95-266 - Setting Date for Board of Equalization for Water Main District #412. Dale Roush Subdivision and Dale Roush Second Subdivision. Gary Mader, Utilities Director, reported that in its capacity as the Board of Equalization, it was necessary for the City Council to consider the assessment of benefits associated with Water Main District 412, Dale Roush Subdivision and Dale Roush Second Subdivision and that it was appropriate for the City Council to set the date for the Board of Equalization to determine the benefits and assessments for the project. Motion by Sorensen, second by Solt, carried unanimously to set the Board of Equalization for November 13, 1995. #95-267 - Approving Acquisition of Utility Easement. Tiffany Square. Motion by Solt, second by Lueth, carried unanimously to approve the acquisition of the utility easement, Tiffany Square. #95-268 - Approving Acquisition of Utility Easement. Menards Second Subdivision. Motion by Solt, second by Lueth, carried unanimously to approve the acquisition of the utility easement, Menards Second Subdivision. #95-269 - Approving Ratification of Tentative Agreement with IAFF. City Administrator Dale Iman reported that a collective bargaining agreement for 1995-1996 had been negotiated with the International Association of Firefighters Local No. 647 representing the firefighters in the Fire Department, including Emergency Medical Technicians and Paramedics. Mr. Iman outlined the terms of the contract. Motion by Seifert, second by Preisendorf, to approve. Kay Collins, 1003 West Louise Street, and Glendale Reiss, 910 North Boggs, questioned the contract and its impact on the budget. The City Administrator noted that salaries were established by Ordinance of the Council. Councilmember Mehring questioned the use of the CPI - U and why Hastings and Columbus were not included in the comparisons. Finance Director Chuck Haase stated that, property tax, the principal revenue source for public safety salaries, was limited by State law to increases in the CPI - U and that Hastings and Columbus were not included inasmuch as their I I I Page 5, City Council Regular Meeting, September 25, 1995 staff were not combined EMS/Firefighters. Councilmember Murray Page 5, City Council spoke in support of the agreement and noted that it appeared both sides negotiated in good faith and made concessions. Upon roll call vote, Lueth, Solt, Hosier, Preisendorf, Kehm, Seifert, Murray, and Sorensen voted aye. Mehring voted nay. Motion adopted. #95-270 - Approving Amendments to Contract with Central Nebraska Humane Society. Motion by Sorensen, second by Seifert, carried unanimously to approve the contract with the Central Nebraska Humane Society to provide animal code enforcement services. It was noted that the 1995-1996 Annual Budget provided funding in the amount of $84,000 for this purpose. #95-271 - Approving Transfer of Keno Satellite Agreement to Diamond-Back D. dba Shannon's Pub. Motion by Murray, second by Seifert, to approve the transfer of the satellite keno operation previously approved for Raymond Seaman, dba Shannon's Pub, to Diamond-Back D, Inc. inasmuch as the establishment had been sold. Attorney Mike Johnson, representing Fonner Keno, spoke in support of the request. Upon roll call vote, Lueth, Hosier, Kehm, Mehring, Seifert, Murray, and Sorensen voted aye. Solt and Preisendorf were absent at the time the vote was taken. Motion adopted. #95-272 - Approving Assessments for Water Main District #416T. Highway 281. from Rae Road to Platte Valley Boulevard. Motion by Kehm, second by Lueth to approve the assessments against the property. Upon roll call vote, Lueth, Hosier, Preisendorf, Kehm, Mehring, Seifert, Murray, and Sorensen voted aye. Solt was absent at the time the vote was taken. Motion adopted. #95-273 - Awarding Bid for Continuous Emissions Monitoring Data Acquisition and Handling System. Gary Mader, Utilities Director, reported that the Purchasing Division had received bids for the Continuous Emissions Monitoring (CEM) Data Acquisition and Handling System modifications to serve the Utilities Department, Platte Generating Station. Mr. Mader reviewed the importance of the system as it related to required reports. Mr. Mader noted that two bids had been received, $106,600 and $231,716, and that the low bid had been submitted by Black & Veatch of Kansas City, Missouri. Motion by Seifert, second by Kehm, carried unanimously to award the low bid to Black and Veatch. #95-274 - Awarding Bid for Construction of Fire Station #4. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the construction of Fire Station #4, and that five bids had been received, ranging from $284,264 to $371,500. Ms. Griffiths noted that the low bid had been submitted by Baker Development of Grand Island, in the amount of $284,264. Ms. Griffiths provided a budget recap on the costs for construction of Fire Station #4. Motion by Seifert, second by Kehm to award the low bid to Baker Construction. Upon roll call vote, Lueth, Solt, Hosier, Kehm, Mehring, Seifert, Murray, and Sorensen voted aye. Preisendorf abstained. Motion adopted. #95-275 - Awarding Bid for 1995-1996 Snow Removal Services Contract. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the 1995-1996 I I I Page 6, City Council Regular Meeting, September 25, 1995 Snow Removal Services Contract to serve the Public Works Department, Streets and Transportation Division. It was noted that one complete bid had been received from Hooker Brothers of Grand Island for the following amounts: $65 per hour for truck plows; $80 per hour for front end loaders; $80 per hour for motor graders; and $60 per hour for hauling snow. Ms. Griffiths added that two additional bids had been received, but were considered incomplete as the bids did not include complete pricing for all items. Motion by Seifert, second by Kehm, carried unanimously to award the bid to Hooker Brothers of Grand Island. ORDINANCES: Councilmember Sorensen moved that the statutory rules requiring that ordinances be read by title on three different days be suspended and that ordinances numbered: #8129 - Amending Chapter 32 of City Code Relative to Shrubbery Height at Intersections #8130 - Amending Ordinance #8123 Relative to Assessments on Street Improvement District # 1188 #8131 - Amending Chapter 16 of City Code Relative to Open Burning #8132 - Amending Ordinance #8044 Relative to Open Burning #8133 - Amending Chapter 16 of City Code Relative to Plans Review Fee be considered for passage on the same day upon reading by number only, and then placed on final passage, and that the City Clerk be permitted to call out the number of the Ordinances on their first and final reading and then upon final passage, and call for a roll call vote on each reading and final passage. Second by Seifert. Lewis Kent, 624 East Meves, spoke on trees in the right of way. 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, all voted aye. Clerk: Ordinances #8129, #8130, #8131, #8132, and #8133 on their first reading. All those in favor of the passage of the ordinances, answer roll call. Upon roll call, all voted aye. Councilmember Preisendorf abstained from voting on Ordinance #8133. Motion adopted. Clerk: Ordinances #8129, #8130, #8131, #8132, and #8133 on their final passage. All those in favor of the passage of the ordinances on final passage, answer roll call. Upon roll call vote, all voted aye. Councilmember Preisendorf abstained from voting on Ordinance #8133. Motion adopted. Mayor: By reason of the roll call votes on the first and final passage of said Ordinances, Ordinances #8129, #8130, #8131, #8132, and #8133 are declared to be lawfully passed and adopted upon publication as required by law. Councilmember Hosier left the meeting at 9: 12 p.m. I I I Page 7, City Council Regular Meeting, September 25, 1995 PAYMENT OF CLAIMS: Motion by Solt, second by Preisendorf, to approve the claims in the amount of $1,913,621.01, as presented by the City Clerk. Upon roll call vote, Lueth, Solt, Preisendorf, Kehm, Mehring, Seifert, Murray, and Sorensen voted aye. Hosier was absent at the time the vote was taken. Motion adopted. Councilmember Solt abstained from voting on Claim #034481. Councilmember Lueth questioned Claim #034769. Gary Mader, Utilities Director, reported the claim was for architectural services associated with remodeling work being done for the Utilities Department. Glendale Reiss, 910 North Boggs, and Kay Collins, 1003 West Louise, questioned the claim paid to the League of Nebraska Municipalities at the last Council meeting. ADJOURNMENT: The meeting was adjourned at 9: 17 p.m. Respectfully submitted, ~1~~ ~ ~~. Cindy K~ c(jrtwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL SPECIAL STUDY SESSION September 26, 1995 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 on September 26, 1995. Notice of the meeting was given in the Grand Island Independent on September 21, 1995. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Lueth, Preisendorf, Seifert, Murray, and Sorensen. The following City Officials were present: City Administrator Dale Iman, and City Clerk Cindy Cartwright. DISCUSSION ON YOUTH VIOLENCE ISSUES. Mayor Gnadt welcomed the audience and stated that the City appreciated all input from the community relative to concerns regarding youth violence. City Administrator Dale Iman provided information on the scope of the problem and the cost to the community. Lee Elliott moderated the event. Comments on various concerns relating to environment, discipline, and activities, were given. It was determined that a second meeting would be held to solicit solutions to the concerns raised. ADJOURNMENT. The meeting was adjourned at 9:22 p.m. Respectfully submitted, flrd ~~~6~ Cindy ~Cartwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL STUDY SESSION October 2, 1995 Pursuant to due call and notice thereof, a Study Session of the City of Grand Island was conducted in the Community Meeting Room of City Hall on October 2, 1995. Notice of the meeting was given in the Grand Island Independent on September 27, 1995. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Preisendorf, Murray, Johnson, Solt, Lueth, Mehring, Kehm, Sorensen, Hosier, and Seifert. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, and Acting City Attorney Lisa Thayer. PROGRESS REPORT ON INTEGRATED RESOURCE PLAN FOR ELECTRIC DEPARTMENT. Gary Mader, Utilities Director, reported on the Integrated Resource Plan for the Electric Department. He noted that an Integrated Resource Plan matched the electrical load and resources by considering both supply side and demand side, and that in 1994, the Council had commissioned GDS Associates to proceed with the development of a comprehensive, detailed Integrated Resource Plan. Mr. George Evans, Project Manager with GDS, set out the goals of the Plan and explained the process. Discussion was held relative to the possibility of working in conjunction with Hastings on a future plan. City Administrator Dale Iman questioned the numbers used to project growth and daily use. DISCUSSION ON INTERLOCAL AGREEMENT WITH COMMUNITY REDEVELOPMENT AUTHORITY. City Administrator Dale Iman reviewed the proposed revised Interlocal Agreement with the Community Redevelopment Authority. Mr. Iman noted that the new Interlocal agreement would provide for the reimbursement by the Authority to the City for certain services provided by a City employee as Director of the Authority and that the City had the authority to designate the employee. Additionally, it was noted that the CRA would have the right to terminate the contract with 30 days notice; contract valid from date of signing, and that the City Treasurer would serve as the Ex-Officio Treasurer at no additional compensation. Councilmember Mehring questioned whether the funds received from the CRA would be deposited into the General Fund. Mr. Iman responded that they would and that this would free up some dollars in the General Fund which could be applied toward the hiring of a Personnel Director. Councilmember Mehring questioned whether the CRA Director needed to be a City employee. Mr. Iman stated that inasmuch as the City hoped to be working closely with developers and involved in the improvements to the City, it made sense to have the Director be a City employee. Discussion was held on the role of the Ex-Officio Treasurer. Chuck Haase, Finance Director, noted that the CRA Board would approve warrants and that an accounting firm would issue the warrants. I I I Page 2, City Council Study Session, October 2, 1995 Mayor Gnadt left the meeting at 8:00 p.m. Council President Preisendorf served as Acting Mayor and continued the meeting. DISCUSSION ON LICENSING OF OUT OF TOWN BUILDING CONTRACTORS. Councilmember Seifert suggested that the City review its policy relative to the licensing or registering of building contractors inasmuch as several residents had expressed concern over the poor performance of certain contractors. Councilmember Solt recommended requiring of a performance bond before issuance of a building permit. Craig Lewis, Building Inspections Director, reported that the City might incur liability if contractors were to be licensed and added that no differentiation could be made between local and out of town contractors relative to the requirements. Councilmember Seifert suggested a committee review the possibility of registering the contractors. Mr. Lewis noted that the Homebuilders Association had been reviewing the issue for several years. City Administrator Dale Iman noted that licensing would be required of all contractors not just out of town contractors which might reduce the number of contractors available. Mr. Iman added that perhaps Councilmember Murray could propose some state regulation through his representation on the Legislative Committee of the League of Nebraska Municipalities. Councilmembers Mehring and Solt spoke in support of utilizing the media, including GITV, to advise homeowners of suggestions when choosing a roofing company. Councilmember Johnson spoke in support of establishing a registration process. Charlie Cuypers, 1508 Spruce Place, noted that a completed operations insurance assurance policy would be difficult to enforce. ADJOURNMENT: The meeting was adjourned at 8:35 p.m. Respectfully submitted, c~~!~Yvv(H- City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING October 9, 1995 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 on October 9, 1995. Notice of the meeting was given in the Grand Island Independent on October 5, 1995. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Lueth, Solt, Hosier, Preisendorf, Kehm, Mehring, Seifert, Johnson, and Sorensen. Councilmember Murray was absent. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, City Attorney Charlie Cuypers, and Assistant Public Works Director Bud Buettner. PLEDGE OF ALLEGIANCE was said, followed by INVOCATION given by Pastor Terry Brown. APPROVAL OF MINUTES: Motion by Kehm, second by Preisendorf, carried unanimously to approve the minutes of the minutes of the September 25, 1995 City Council Meeting, the minutes of the September 26, 1995 City Council Special Study Session, and the minutes of the October 2, 1995 City Council Study Session. SUBMITTAL OF REQUESTS FOR FUTURE AGENDA ITEMS: Two members of the public submitted requests for future agenda items. RESERVE TIME TO SPEAK ON AGENDA ITEMS: 17 individuals reserved time to speak on agenda items. PRESENTATIONS AND PROCLAMATIONS: Cindy Cartwright, City Clerk, reported that October 15-21, 1995 had been proclaimed Week Without Violence. Betty Curtis, Executive Director of the Clean Community Systems, presented the Council with a plaque in recognition of their contributions to the Agency. PUBLIC HEARINGS: Public Hearing on Request for Change of Land Use Designation. Nelson Helm, Regional Planning Director, reported that Larry Mazzotta, President of Arbor Development Group, Inc., 1650 Farnam Street, Suite 920, Omaha, had submitted a request to rezone property located east of Evans Street, north of 12th Street, from a "TA" (Transitional Agriculture) Zone to an "RD" (Residential) Zone, and noted that the purpose of the request was for the construction of 120 units of multi-family housing and to plan an area for future development. Mr. Helm added that the Regional Planning Commission, at their meeting of October 4, 1995, unanimously I I I Page 2, City Council Regular Meeting, October 9, 1995 recommended approval of the proposed land use and zoning change. Larry Mazzotta spoke in support of the application and in response to a question from Councilmember Sorensen, noted that a live in manager was planned for the apartment complex. Public Hearing on Request of Kathleen Howard, dba Back Door Bar. for Class "C" Liquor License. City Clerk Cindy Cartwright reported that Ms. Kathleen Howard, Rural Route 4, Box 63, Grand Island, representing Back Door Bar, 316 East Second Street, had submitted an application for a Class "C" Liquor License which would replace the license currently held. The City Clerk presented the following exhibits for the record: Application for a Class "C" Liquor License filed with Liquor Control Commission and received by the City on September 21, 1995; notice to general public of date, time, and place of hearing published on September 29, 1995; notice to applicant of date, time, and place of hearing mailed on September 22, 1995; Chapter 4 of City Code; and departmental reports. Ms. Kathleen Howard spoke in support of the application. No further public testimony was heard. Public Hearing on Request of Ruff's Bar. Inc., dba Ruff's Bar, 311 North Walnut, for Class "C" Liquor License. City Clerk Cindy Cartwright reported that Mr. Jeffrey Richardson, 1113 South Greenwich, representing Ruff's Bar, Inc., 311 North Walnut Street, had submitted an application for a Class "C" Liquor License which would replace the license currently held. The City Clerk presented the following exhibits for the record: Application for a Class "C" Liquor License filed with Liquor Control Commission and received by the City on September 29, 1995; notice to general public of date, time, and place of hearing published on September 29, 1995; notice to applicant of date, time, and place of hearing mailed on September 30, 1995; Chapter 4 of City Code; and departmental reports. Ms. Jane Richardson, 1113 South Greenwich, spoke in support of the application. No further public testimony was heard. Public Hearing on Acquisition of Utility Easement. Gary Mader, Utilities Director, reported that in 1994, the Nebraska State Legislature enacted legislation which required municipalities to provide notice and hearing prior to authorizing any acquisition of real estate, including routine acquisitions such as utility and public works easements. Mr. Mader added that acquisition of this tract of land located south of Highway 34, east of Stuhr Museum, was required for the installation, upgrade, maintenance, and repair of power appurtenances, including lines and transformers to irrigate new trees on their property. No public testimony was heard. Public Hearing on Acquisition of Utility Easement. Gary Mader, Utilities Director, reported that acquisition of this tract of land located at 1816 Diers Avenue, was required for the installation, upgrade, maintenance, and repair of power appurtenances, including lines and transformers to serve the Carlos O'Kelly's Mexican Cafe. No public testimony was heard. DISCUSSION AND INFORMATION ITEMS: Financial Matters. Kay Collins, 1003 West Louise Street, spoke on the Audit Report, and answers to questions previously posed. Glendale Reiss, 910 North Boggs Street, spoke on the salary freeze. Lewis Kent, 624 East Meves, spoke on the budget cuts relative to personnel. Jim I I I Page 3, City Council Regular Meeting, October 9, 1995 Sander, 211 North Harrison, spoke on the annual budget. REQUESTS AND REFERRALS: Receipt of Official Documents. Motion by Preisendorf, second by Kehrn, to receive and place on file the minutes of the Fire/Police Pension Meeting of May 24, 1995, the minutes of the Civil Service Commission Meeting of September 1, 1995, the minutes of the Library Board Meeting of September 11, 1995, and the minutes of the Civil Service Commission of September 25, 1995. Approving Request of YWCA for Use of Public Streets for Week Without Violence Walk. Motion by Sorensen, second by Kehrn, carried unanimously to approve the request of Ms. Sheere' Gleason, representing the YWCA, for use of public streets for a Week Without Violence Walk to be held on Saturday, October 21, 1995. Denial of Request of Alvaro Rodriguez, dba Taqueria Mi Ranchito, for Street Vendors Permit. Discussion was held on the request of Alvaro Rodriguez for a Street Vendors Permit. Mr. John Cunningham, Attorney representing Alvaro Rodriquez, 410 East Tenth Street, dba Taqueria Mi Ranchito, was present on behalf of the application and noted that the request was for the operation of a mobile food vending business. Councilmember Kehrn moved to approve the request. Second by Sorensen. Councilmember Johnson questioned whether the applicant was aware of the current violations of parking ordinances. Mr. Cunningham noted that the violations had been taken care of. Councilmembers Mehring and Preisendorf spoke in opposition to the request. Roll call vote was taken on the motion to approve the request. Upon roll call vote, Johnson, Hosier, Solt, Kehrn, and Sorensen voted aye. Seifert abstained. Lueth, Preisendorf, and Mehring voted nay. Motion failed. Mayor Gnadt, with the option to be the majority vote, voted nay. Motion failed. Approving Request of Kathleen Howard, dba Back Door Bar. for Class "C" Liquor License. Motion by Preisendorf, second by Mehring, to approve the request of Kathleen Howard, dba Back Door Bar, for a Class "C" Liquor License. Upon roll call vote, Johnson, Hosier, Solt, Kehrn, Sorensen, Seifert, Preisendorf, and Mehring voted aye. Lueth was absent at the time the vote was taken. Motion adopted. Approving Request of Ruff's Bar. Inc. , dba Ruff's Bar. for Class "C" Liquor License. Motion by Preisendorf, second by Mehring, to approve the request of Ruff's Bar, Inc., for a Class "C" Liquor License. Upon roll call vote, Johnson, Hosier, Solt, Kehrn, Sorensen, Seifert, Preisendorf, and Mehring voted aye. Lueth was absent at the time the vote was taken. Motion adopted. Approving Request of Jeffrey Richardson, 1113 South Greenwich, for Liquor Manager for Ruff's Bar. Motion by Preisendorf, second by Mehring, to approve the request of Mr. Jeffrey Richardson, 1113 South Greenwich Street, for a Liquor Manager Designation associated with Ruff's Bar, 311 North Walnut Street. Upon roll call vote, Johnson, Hosier, Solt, Kehrn, I I I Page 4, City Council Regular Meeting, October 9, 1995 Sorensen, Seifert, Preisendorf, and Mehring voted aye. Lueth was absent at the time the vote was taken. Motion adopted. Denial of Request of Naomi and Laurence Krug for Opening of Stauss Road. Bud Buettner, Assistant Public Works Director, reported that Ms. Bev Hess, Associate Broker with ERA Conestoga Mall, representing Naomi and Laurence Krug, 2103 Park Drive, had submitted a request for the opening and graveling of Stauss Road for the purpose of selling eight, 5 acre lots. Mr. Buettner noted that the public right-of-way, dedicated in 1890, had never been opened. Wendall Zwink, 2505 West Phoenix, spoke in support of the request. William Edwards, 223 South Kimball, spoke against opening the road. Councilmember Seifert spoke in opposition to the request. Motion by Johnson, second by Seifert to deny the request. Upon roll call vote, Johnson, Hosier, Solt, Seifert, Preisendorf, Mehring, Lueth, and Kehm voted aye. Sorensen voted nay. Motion to deny was approved. RESOLUTIONS: #95-276 - Approving Final Plat and Subdivision Agreement for Ore-Ida Subdivision. Nelson Helm, Regional Planning Director, reported that Ore-Ida Foods, Inc., a Delaware corporation, 215 East Roberts Street, owner, had submitted the final plat for Ore-Ida Subdivision, a 33.935 acre tract of land located on the north side of Roberts Street, approximately ~ mile east of Broadwell Avenue. Mr. Helm noted that this subdivision would consolidate three existing parcels into one platted lot. Motion by Kehm, second by Preisendorf, carried unanimously to approve. #95-277 - Approving Final Plat and Subdivision Agreement for Johnson Acres Subdivision. Nelson Helm, Regional Planning Director, reported that G. Elaine Brown, Rural Route 1, Wolbach, Nebraska, and Mr. and Mrs. Keith Johnson, 22919 T.dol Court, Land O'Lakes, Florida, owners, had submitted the final plat for Johnson Acres Subdivision, a 1.121 acre tract of land located on the south side of Abbott Road, approximately 3/8 mile west of Engleman Road. Motion by Kehm, second by Preisendorf, carried unanimously to approve. #95-278 - Approving Final Plat and Subdivision Agreement for Rainbow Lake Fourth Subdivision. Nelson Helm, Regional Planning Director, reporte that Mr. and Mrs. Rex Otto, 3623 South Blaine Street, owners, had submitted the final plat for Rainbow Lake Fourth Subdivision, a 0.606 acre tract of land located on the north side of Rainbow Road, approximately 395 feet east of Blaine Street, and that this subdivision would consolidate two existing lots into one platted lot. #95-279 - Amending Long Term Disability Plan Relative to Policy Anniversary. Chuck Haase, Finance Director, reported that this item provided for the renewal of the long term disability insurance with Unum Insurance Company for the term of April 1, 1994 to April 1, 1995. Mr. Haase stated that Unum Insurance Company had agreed to extend the current premium rates to October 1, 1995, with renewal each year at that time in order to coincide with the City's fiscal year. Motion by Solt, second by Kehm, carried unanimously to approve. I I I Page 4, City Council Regular Meeting, October 9, 1995 #95-280 - Approving Acquisition of Utility Easement. Motion by Seifert, second by Lueth, carried unanimously to approve the acquisition of a utility easement on a tract of land located south of Highway 34, east of Stuhr Museum. #95-281 - Approving Acquisition of Utility Easement. Motion by Seifert, second by Lueth, carried unanimously to approve the acquisition of a utility easement at 1816 Diers Avenue. #95-282 - Awarding Bid for Purchase of Luminaires and Miscellaneous Electrical Items. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of luminaires and miscellaneous electrical items to serve the Utilities Department, Electric Line Division. Ms. Griffiths noted that bids had been received from four vendors offering pricing for twelve electrical line items; however, three of the line items required City Council action inasmuch as the total award to each individual bidder was greater than $10,000. Ms. Griffiths stated that low bids had been submitted for two line items by Wesco of Grand Island in the amount of $17,540.25, plus sales tax, and the remaining line item by Kriz Davis of Grand Island in the amount of $14,462, plus sales tax. Motion by Solt, second by Johnson, carried unanimously to award the low bids to Wesco and Kriz Davis. #95-283 - Awarding Bid for Purchase of Wooden Utility Poles. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of wooden utility poles to serve the Utilities Department, Electric Line Division. Ms. Griffiths noted that four bids had been received, ranging from $29,700 to $34,464, and that the low bid had been submitted by Larsen Marketing of Lincoln, Nebraska, in the amount of $29,700, plus tax. Motion by Solt, second by Johnson to award the low bid to Larsen Marketing. #95-284 - Awarding Contract for Downtown Maintenance. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the monthly maintenance, snow removal, and additional special maintenance for the downtown, and that two bids had been received, $1,800 for April through October monthly maintenance, $250 for November through March monthly maintenance, $85 per hour for snow removal, and $15 per hour for additional special maintenance as needed; and $3,000 for April through October monthly maintenance, $250 for November through March monthly maintenance, $95 per hour for snow removal, and $20 per hour for additional special maintenance. Ms. Griffiths added that the low bid had been submitted by Green Leaf Lawn Service of Grand Island. Motion by Solt, second by Johnson, carried unanimously to award the low bid to Green Leaf Lawn Service. #95-285 - Awarding Bid for Substation/Transmission Engineering Services. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received proposals for substation/transmission engineering services to serve the Utilities Department, Engineering Division. Ms. Griffiths noted that seven proposals had been received, ranging from $356,542 to $1,168,700, and that the proposal submitted by Advantage Engineering, Inc. of Chesterfield, Missouri for the not-to-exceed fee amount of $356,542 was evaluated by the Utilities Department as the best proposal. Motion by Solt, second by Johnson, carried unanimously to award the low I I I Page 6, City Council Regular Meeting, October 9, 1995 bid to Advantage Engineering, Ibc. #95-286 - Approving Interlocal Agreement with Community Redevelopment Authority. Dale Iman, City Administrator, reported that the Community Redevelopment Authority had determined that in order to perform administrative functions as needed to fulfill the goals and objectives of the Authority, it was necessary to utilize the services of a Director/Secretary. An Interlocal Agreement designed to reimburse the City for costs associated with providing administrative services was being proposed. Mr. Iman noted that amendments as presented at the October 2, 1995 City Council Study Session had been incorporated into the Interlocal Agreement. Motion by Solt, second by Kehm to approve. Jim Sander, 211 North Harrison, spoke on the issue. Upon roll call vote, Lueth, Johnson, Solt, Hosier, Kehm, Seifert, Mehring, and Preisendorf, voted aye. Sorensen abstained. Motion adopted. #95-287 - Approving Cooperative Agreement with Central Platte Natural Resources District Relative to Moore's Creek Flood Plains Study. Nelson Helm, Regional Planning Director, reported that at the City Council Meeting of September 11, 1995, the City Council authorized the entering into a formal agreement with Central Platte Natural Resources District to develop a contract with CH2MHill who would act as consultant in the completion of a hydrology analysis of the Moore's Creek drainage project. Mr. Helm noted that a formal agreement with Central Platte Natural Resources District which outlined the responsibilities and cooperation in developing and carrying out a flood plain revision study had been prepared, and stated that the City's share of the costs would be 42% of the cost of Phase 1,42% of the costs for Phase 2, 100 % of the remainder of the costs for Phase 2 of the study and 100 % of the costs for all additional work needed to complete the study. Mr. Helm estimated the total cost to the City to be approximately $25,000. Motion by Seifert, second by Solt, carried unanimously to approve. #95-288 - Approving Request of Messiah Evangelical Lutheran Church, Seventh and Locust Streets, for Handicapped Parking Space. Bud Buettner, Assistant Public Works Director, reported that Dennis Hahle, Pastor of Messiah Evangelical Lutheran Church, Seventh and Locust Streets, had submitted an application for a handicapped parking stall. The church is requesting that the first parallel parking space on North Locust Street, immediately north of the intersection of Seventh Street and North Locust Street on the east side be designated for handicapped parking. Motion by Kehm, second by Seifert, carried unanimously to approve. #95-289 - Approving Call for Special Election for Civic Arena Funding Issues. Jay Vavricek, Chairman of the GI Pride Committee, presented information relative to the submittal of petitions requesting a special election be called to submit to the voters of the City a proposition relative to the Civic Center sales and use tax proposal. Larry Mace, 616 Grand Avenue, spoke in support of the petition drive and noted that the drive was a grass roots effort by the people. Charlie Cuypers, City Attorney, noted that an alternate Resolution had been provided which included a paragraph requiring that the signatures be determined valid in order to call the special election. Kay Collins, 1003 West Louise Street, and Glendale Reiss, 910 North Boggs, spoke in opposition to the petition drive and special election. Motion by Kehm, second by Preisendorf, to approve Resolution #95-289 in its revised form. Andy Logue, 1704 Post Road, spoke in I I I Page 7, City Council Regular Meeting, October 9, 1995 support of the Civic Center. Jerry Huismann, 2410 Sante Fe Circle, noted that the Committee had formed 10 months ago with a vision of a way to improve the community. The City Attorney reviewed the State Statutes which mandated that a special election be called if signatures were obtained from 20% of the registered voters. Gary Rosacker, 4408 Quail Lane, spoke in support of the issue. John Wagoner, 1711 South Harrison, spoke in opposition to a Civic Center. Jim Sander, 211 North Harrison, spoke in support of the Civic Center. Councilmember Sorensen questioned the increase in construction costs. Larry Mace responded and noted that construction costs had gone up and would continue to go up but that the ballot language limited the City to collecting the Ih cent sales tax for a period not to exceed 15 years and provided that the cost of the Civic Center be no more than $19,700,000. Roll call vote was taken on the motion to adopt #95-289. Upon roll call vote, Lueth, Johnson, Hosier, Solt, Preisendorf, Kehm, Mehring, and Seifert voted aye. Sorensen abstained. Motion adopted. ORDINANCES: Councilmember Sorensen moved that the statutory rules requiring that ordinances be read by title on three different days be suspended and that ordinances numbered: #8134 - Approving Change of Land Use Designation for Property at 12th and Evans, from Transitional Agriculture to Residential Development Zone #8135 - Amending Salary Ordinance Relative to Approved IAFF Contract and Seasonal Workers #8136 - Amending Chapter 22 of City Code Relative to Handicapped Parking Permit Issuance be considered for passage on the same day upon reading by number only, and then placed on final passage, and that the City Clerk be permitted to call out the number of the Ordinances on their first and final reading and then upon final passage, and call for a roll call vote on each reading and final passage. Second by Solt. Kay Collins, 1003 West Louise, Glendale Reiss, 910 North Boggs, and Lewis Kent, 624 East Meves, questioned the budgetary impact. City Administrator Dale Iman stated that the IAFF contract would not result in a budget change. 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: Ordinances #8134, #8135 and #8136 on their first reading. All those in favor of the passage of the ordinances, answer roll call. Upon roll call vote, all voted aye. Motion adopted. Clerk: Ordinances #8134, #8135, and #8136 on their final passage. All those in favor of the passage of the ordinances on final passage, answer roll call. Upon roll call vote, all voted aye. Motion adopted. Mayor: By reason of the roll call votes on the first and final passage of said Ordinances, I I I Page 8, City Council Regular Meeting, October 9, 1995 Ordinances #8134, #8135, and #8136 are declared to be lawfully passed and adopted upon publication as required by law. PAYMENT OF CLAIMS: Motion by Solt, second by Mehring, carried unanimously to approve the claims in the amount of $2,550,869.37 as presented by the City Clerk. Councilmember Preisendorf abstained from voting on Claim #035148 and Claim #035170. Councilmember Mehring abstained from voting on Claim #034993, Claim #034915, and Claim #034818. Councilmember Solt abstained from voting on Claim #035261 and Claim #035273. Councilmember Lueth abstained from voting on Claim #034818, Claim #034993, Claim 034913. ADJOURNMENT: The meeting was adjourned at 9:45 p.m. ~ClfilllY s~~ CindY~rtWrighl City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL STUDY SESSION October 16, 1995 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 on October 16, 1995. Notice of the meeting was given in the Grand Island Independent on October 11, 1995. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Lueth, Preisendorf, Seifert, Murray, Sorensen, Johnson, Mehring, Hosier, and Solt were present. Kehm was absent. The following City Officials were present: City Administrator Dale Iman and City Clerk Cindy Cartwright. DISCUSSION ON YOUTH VIOLENCE ISSUES. Mayor Gnadt welcomed the attendees and noted that approximately half of the audience had been in attendance at the first meeting held September 16, 1995. Lee Elliott moderated the evening's events. Prioritization of the noted concerns was completed. It was noted that the top 12 concerns were: kids are hurting, want to be loved; too much exposure to violence on television; limited exposure to good role models; must not tolerate criminal behavior, speak with one voice; schools and others don't show values, for example, respect for others; families have gotten away from values; need to emphasize prevention; gang activity comes from family breakdown need healthy families; parents need to take control; not enough community wide commitment to the youth; drugs and alcohol, weapons, fights equal fear, inadequate punishment. Mayor Gnadt noted that he anticipated naming a Task Force within the next week. ADJOURNMENT. The meeting was adjourned at 8:50 p.m. Respectfully submitted, c0:;ftrt~~~~ City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING October 23, 1995 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 on October 23, 1995 . Notice of the meeting was given in the Grand Island Independent on October 18, 1995. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Solt, Hosier, Preisendorf, Seifert, Mehring, Murray, and Sorensen. Lueth, Johnson, and Kehm were 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 Pastor Julie Bringleson. APPROVAL OF MINUTES: Motion by Sorensen, second by Preisendorf, carried unanimously to approve the minutes of the October 9, 1995 City Council Meeting and the minutes of the October 16, 1995 City Council Study Session. SUBMITTAL OF REQUESTS FOR FUTURE AGENDA ITEMS: Two members of the public submitted requests for future agenda items. RESERVE TIME TO SPEAK ON AGENDA ITEMS: Ten individuals reserved time to speak on agenda items. PRESENTATIONS AND PROCLAMATIONS: City Clerk Cindy Cartwright reported that October 22-29, 1995 had been proclaimed Adult Immunization Awareness Week, October 29- November 5, 1995 had been proclaimed Pornography Awareness Week. Dianne Kelley, Downtown Development Director, reported that the City had received the Nebraska Department of Economic Development, Travel and Tourism Division's 1995 Outstanding Event Award in recognition of the 1995 Central Nebraska Ethnic Festival event. Board members were in attendance to present the award to the City Council. PUBLIC HEARINGS: Public Hearing on Application of Diamond-Back, Inc.. dba Shannon's Pub, for a Class "C" Liquor License. City Clerk Cindy Cartwright reported that Mr. Melvin Bish, 319 Windolph, representing Diamond-Back, Inc., dba Shannon's Pub, 2808 West Old Fair Road, had submitted an application for a Class "C" Liquor License to replace the license currently held by Shannon's Pub. Ms. Cartwright presented the following exhibits for the record: Application for a Class "C" Liquor License filed with the Liquor Control Commission and received by the City on I I I Page 2, City Council Regular Meeting, October 23, 1995 October 3, 1995; notice to general public of date, time, and place of hearing, published on October 2, 1995; notice to applicant of date, time, and place of hearing mailed on October 3, 1995; Chapter 4 of City Code; and departmental reports. No public testimony was heard. Public Hearing on Acquisition of Utility Easements. Gary Mader, Utilities Director, reported that acquisition of an easement located at Pleasant View 12th Subdivision was required for the installation, upgrade, maintenance, and repair of power appurtenances, including lines and transformers. No public testimony was heard. DISCUSSION AND INFORMATION ITEMS: Financial Matters. Glendale Reiss, 910 North Boggs, spoke on the salary increase. Lewis Kent, 624 East Meves, and Kay Collins, 1003 West Louise, spoke on financial matters. Civic Center. Kay Collins, 1003 West Louise, Jackie Pielstick, 722 East 7th Street, Glendale Reiss, 910 North Boggs, John Wagoner, 1711 South Harrison, and Lewis Kent, 624 East Meves, spoke in opposition to the Civic Center. Jay Vavricek, 2729 Brentwood Boulevard, Larry Mace, 616 Grand Avenue, Jerry Huismann, 2410 Santa Fe Circle, Gary Rosacker, 4408 Quail Lane, spoke in support of the Civic Center. Councilmember Mehring stated that the Civic Center was not yet a City issue inasmuch as the special election was a result of a petition drive, not initiated by the City Council. Motion by Mehring, second by Solt, to not place discussion of the Civic Center on the Council agendas until after the special election. Upon roll call vote, all voted aye. Motion adopted. REQUESTS AND REFERRALS: Receipt of Official Documents. Motion by Murray, second by Preisendorf, carried unanimously to receive and place on file the minutes of the Library Board Meeting of September 11, 1995, the minutes of the Downtown Improvement Board Meeting of September 27, 1995, the minutes of the Civil Service Commission Meeting of October 2, 1995, and the minutes of the Regional Planning Commission Meeting of October 4, 1995. Approving Request of Rhonda O'Brien for Liquor Manager Designation for Riverside Inn, 3333 Ramada Road. Motion by Sorensen, second by Solt, carried unanimously to approve the request of Ms. Rhonda O'Brien, 19767 Lepin Road, Shelton, Nebraska, for a Liquor Manager Designation associated with Riverside Inn, located at 3333 Ramada Road. Approving Request of Rhonda Saalfeld for Liquor Manager Designation for Midtown Holiday Inn, 2503 South Locust Street. Motion by Sorensen, second by Solt, carried unanimously to approve the request of Ms. Rhonda Saalfeld, 823 Austin, for a Liquor Manager Designation associated with Midtown Holiday Inn, located at 2503 South Locust Street. Approving Request of Diamond-Back, Inc., dba Shannon's Pub, 2808 West Old Fair Road, for Class "c" Liquor License. Motion by Sorensen, second by Solt, carried unanimously to I I I Page 3, City Council Regular Meeting, October 23, 1995 approve the request of Diamond-Back, Inc., dba Shannon's Pub, 2808 West Old Fair Road, for a Class "C" Liquor License. Approving Request of Melvin Bish for Liquor Manager Designation for Diamond-Back, Inc. , dba Shannon's Pub. Motion by Sorensen, second by Solt, carried unanimously to approve the request of Mr. Melvin Bish, 319 Windolph Avenue, for a Liquor Manager Designation associated with Diamond-Back, Inc., dba Shannon's Pub, located at 2808 West Old Fair Road. Approving Request of LeRoy Kramer for Extension of Nonconforming Use for Property at 3405 North US Highway 281. Craig Lewis, Building Inspections Director, reported that Mr. LeRoy Kramer, Kramer's Auto Parts and Iron Company, Inc., located at 3405 North U.S. Highway 281, had submitted a request for an addition to a current non-conforming use to allow the construction of a new building. Mr. Lewis stated that Council approval was required inasmuch as the new building would be on property adjacent to the existing operation which was covered by the current non-conforming use. Motion by Seifert, second by Sorensen, carried unanimously to approve. Approving Referral of Rezoning Request to Regional Planning Commission. Motion by Preisendorf, second by Mehring, carried unanimously, to refer the request of James Reed, Jeffrey Oaks, Inc., 2511 Lakeview Drive, for rezoning of the property at Jeffrey Oaks Third Subdivision, Lots 12 through 21, from an "R1" (Suburban Residential) Zone to an "R3" (Medium Density Residential) Zone to the Regional Planning Commission. It was noted that the purpose of the request was for the construction of duplex condominiums on both sides of Sacramento Circle. Approving of Appointment to Regional Planning Commission. Motion by Mehring, second by Solt, carried unanimously to approve the appointment of Marvin L. Webb to the Regional Planning Commission to complete the unexpired term of Charlie Cuypers who resigned upon accepting employment with the City of Grand Island. RESOLUTIONS: #95-290 - Approving Contract with ICMA Retirement Corporation for 401(a) Money Purchase Plan. Chuck Haase, Finance Director, reported that a 401(a) Money Purchase Plan had been maintained with the International City Management Association Retirement Corporation for several years and that the plan provided a pension plan for the City Administrator to which the City makes mandatory contributions, and employee contributions were voluntary. Mr. Haase noted that recent negotiations with ICMA-RC resulted in a waiver of the annual $1,000 plan fee and that approval of the Pricing Offer and Acceptance Contract was required. Motion by Solt, second by Seifert, carried unanimously to approve. #95-291 - Approving Change Order #9 for Webb Road Widening Proiect. Wayne Bennett, Public Works Director, reported that the State Department of Roads had developed Change Order #9 for the Webb Road Widening Project, which provided for labor, intersection signals, I I I Page 4, City Council Regular Meeting, October 23, 1995 equipment rental, interconnection signals, and established a basis of payment. Mr. Bennett stated that the Change Order would result in a net increase of $1,282.20 to the contract amount. Motion by Sorensen, second by Preisendorf, carried unanimously to approve. #95-292 - Approving Change Order Expanding Community Development Block Grant Paving Program, East 13th Street. Lorene Janssen, Community Development Department, reported that the Public Works Department had prepared Change Order #1 for the Street Improvement Program #1, 1995 which provided for paving several streets for Community Development. Ms. Janssen noted that the bid received was lower than expected, which provided funding for the paving of two additional blocks and would include 13th Street from Beal Street to one block east of Beal Street and 13th Street from vacated Poplar Street to Cherry Street. Motion by Sorensen, second by Preisendorf, carried unanimously to approve. #95-293 - Approving Acquisition of Utility Easement - Johnson Cashway Lumber Company. Motion by Preisendorf, second by Mehring, carried unanimously to approve. #95-294 - Awarding Bid for Power Cable. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of three types of power cable to serve the Utilities Department, Underground Division. Ms. Griffiths noted that three bids had been received for each type and that the low bid for all three types was submitted by Kriz Davis of Grand Island in the amount of $28,920. Motion by Seifert, second by Sorensen, to award the low bid to Kriz Davis. Upon roll call vote, Preisendorf, Hosier, Mehring, Seifert, Sorensen, and Murray voted aye. Solt abstained. Motion adopted. #95-295 - Awarding Bid for Wooden Utility Poles. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of three types of wooden utility poles to serve the Utilities Department, Electric Line Division. Ms. Griffiths stated that bids had been received from four bidders offering pricing for 30', 35', and 40' pole lengths and that the low bid had been submitted by Larsen Marketing of Lincoln. Motion by Seifert, second by Sorensen to award the low bid to Larsen Marketing. Upon roll call vote, Preisendorf, Hosier, Mehring, Seifert, Sorensen, and Murray voted aye. Solt abstained. Motion adopted. #95-296 - Awarding Bid for Dump Trucks. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for two maximum 44,000 GVW dump trucks to serve the Public Works Department, Street and Transportation Division. Ms. Griffiths stated that four bids had been received, ranging from $92,374 to $97,940, and that the low bid which was submitted by Nebraska Truck GMC of Grand Island, in the amount of $92,374, contained minor exceptions that were acceptable to the Public Works Department. It was reported that the City Attorney had advised that State Statutes allowed Council to award the equipment bid in excess of the engineer's estimate inasmuch as the equipment was not part of a contract award for general improvements. #95-297 - Approving Contract with Crisis Center for Funding. Chuck Haase, Finance Director, reported that since 1990, the City of Grand Island had provided funding to the Crisis Center to I I I Page 5, City Council Regular Meeting, October 23, 1995 be used towards service for victims of family violence and sexual assault through advocacy, protection orders, support groups, and placement in safe shelters, and that a contract had been prepared to finalize the $10,000 in funding which was provided for in the 1995-1996 Annual Budget. Ilene Hansen, 1124 West 10th Street, spoke in opposition to the funding. Motion by Sorensen, second by Solt, carried unanimously to approve. #95-298 - Approving Contract with Family Violence Coalition for Funding. Chuck Haase, Finance Director, reported that since 1992, the City of Grand Island had provided funding to the Family Violence Coalition to be used towards providing structured counseling for persons committing domestic violence and monitoring through the justice system. Mr. Haase noted that the City was authorized by State Statute to provide for services which preserve order and secure persons or property from violence, danger and destruction. Motion by Sorensen, second by Solt, carried unanimously to approve the contract with the Family Violence Coalition which provided for formalization of the $4,000 in funding which was included in the 1995-1996 Annual Budget. ORDINANCES: City Clerk Cindy Cartwright noted that inasmuch as there were not eight Councilmembers present to suspend the rules and adopt the Ordinances on first and final reading by number only, a motion would be entertained to adopt the Ordinances on first reading only. City Clerk Cindy Cartwright then read the title of each Ordinance and asked for a motion. #8137 - Enaction of Ordinance #8137 Authorizing the Issuance and Sale of Bonds. Chuck Haase, Finance Director, reported that on April 24, 1995, the City Council approved the construction contract for the West Basin Interceptor sewer line to provide services the area between Capital Avenue and State Street from the Moore's Creek Drainway west to North Road. Mr. Haase noted that the project required short term financing for the construction phase and that Sewer Bond Anticipation notes not to exceed $1,350,000 for a maximum of 18 months were recommended. Motion by Solt, second by Mehring, carried unanimously to approve. #8138 - Amending Chapter 2 of City Code Relative to Agenda Procedures. Charlie Cuypers, City Attorney, reported that on December 29, 1995, the Mayor enacted Administrative Policy #91-03 relative to submittal of items for the City Council Meeting Agenda and that this Ordinance would bring the City Code into agreement with the Administrative Policy established by Mayor Gnadt. Mr. Cuypers stated that the Ordinance provided that Administrative Policy established the timetable for the submittal of Agenda items, which would allow each Council and Administration to amend the timetable as necessary. Motion by Solt, second by Murray, carried unanimously to approve. Lewis Kent, 624 East Meves, spoke in opposition. PAYMENT OF CLAIMS: Motion by Murray, second by Seifert, carried unanimously to approve the claims in the amount of $1,786,395.70 as presented by the City Clerk. Councilmember Solt abstained from Claim #035597 and all claims paid from the 520 account. Councilmember Preisendorf abstained from Claim #035397. I I I Page 6, City Council Regular Meeting, October 23, 1995 ADJOURNMENT: The meeting was adjourned at 8:57 p.m. Respectfully submitted, ! . " . // /'1 0/ I- (!LA7t~~ T~_ c'iUtlm J '~..' - Cindy K. Cartwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL SPECIAL MEETING October 25, 1995 Pursuant to due call and notice thereof, a Special Meeting of the City Council of the city of Grand Island was conducted in the Council Chambers of City Hall on October 25, 1995. Notice of the meeting was given in the Grand Island Independent on October 25, 1995 and posted in three public facilities on October 24, 1995. Notice was delivered to Councilmembers on October 24, 1995. Mayor Gnadt called the meeting to order at 5:15 p.m. The following members were present: Mayor Gnadt, Councilmembers Lueth, Solt, Hosier, Preisendorf, Mehring, Johnson, Murray, and Sorensen. Kehm and Seifert were absent. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright and City Attorney Charlie Cuypers. ORDINANCES: #8137 - Authorizing the Issuance and Sale of Bonds for Sanitary Sewer Improvements for Sanitary Sewer Extension District #480. West Basin Interceptor. Finance Director Chuck Haase reported that this ordinance provided for the issuance and sale of bonds for the West Basin Interceptor sewer line to provide services in the area between Capital A venue and State Street from the Moore's Creek Drainway west to North Road. Mr. Haase noted that the project required short term financing for the construction phase and that the anticipation notes would not exceed $1,350,000 for a maximum of 18 months. Councilmember Sorensen moved that the statutory rules requiring that ordinances be read by title on three different days be suspended and that ordinances numbered: #8137 - Authorizing the Issuance and Sale of Bonds for Sanitary Sewer Improvements for Sanitary Sewer Extension District #480 , West Basin Interceptor #8138 - Amending Chapter 2 of City Code Relative to Agenda Procedures be considered for passage on the same day upon reading by number only, and then placed on final passage, and that the City Clerk be permitted to call out the number of the Ordinances on their first and final reading and then upon final passage, and call for a roll call vote on each reading and final passage. Second by Councilmember Johnson. After inviting comments or questions and there being none, Mayor Gnadt called for a roll call vote on the motion. Upon roll call vote, all voted aye. Motion adopted. I I I Page 2, City Council Special Meeting, October 25, 1995 Clerk: Ordinances #8137 and #8138 on their first reading. All those in favor of the passage of the ordinances, answer roll call. Upon roll call vote, all voted aye. Motion adopted. Clerk: Ordinances #8137 and #8138 on their final passage. All those in favor of the passage of the ordinances on final passage, answer roll call. Upon roll call vote, all voted aye. Motion adopted. Mayor: By reason of the roll call votes on the first and final passage of said Ordinances, Ordinances #8137 and #8138 are declared to be lawfully passed and adopted upon publication as required by law. ADJOURNMENT: The meeting was adjourned at 5:17 p.m. Respectfully submitted, fA41< r!JAfYvJj1vJ-- Cindy K. Cartwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL SPECIAL STUDY SESSION October 30, 1995 Pursuant to due call and notice thereof, a Special Study Session of the City of Grand Island was conducted in City Hall, 100 East First Street, on October 30, 1995. Notice of the meeting was posted on October 23, 1995. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present, Mayor Gnadt, Councilmembers Preisendorf, Lueth, Mehring, Sorensen, Seifert, Murray, and Johnson. Hosier, Kehm, and Solt were absent. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, and City Attorney Charlie Cuypers. PRESENTATION ON ISLAND OASIS WATER PARK OPERATIONS. Steve Paustian, Parks and Recreation Director, presented information on the Aquatics Operating Schedule for 1995. Mr. Paustian stated that Island Oasis had a net gain of $105,217 and that Lincoln Pool had a net loss of $12,963. It was noted that the Island Oasis had been open nine days less than in 1994 due mostly to weather conditions. Discussion was held on the revenues received from the sale of season tickets, rentals, and concessions. Kay Collins, 1003 West Louise, questioned the net gain. Mr. Paustian then reviewed data which was included in the Splash magazine, a world water park association publication which delineated statistics for the United States public sector water parks. Mr. Paustian reviewed the fee schedule, and increase in fees, which had been adopted by the City Council during the budget process. Mr. Paustian suggested that the fees be reduced inasmuch as the capital improvements fund currently had a balance of $200,000 which could be utilized towards the construction of two water slides. Councilmember Preisendorf spoke in support of keeping the fees low. Mayor Gnadt left the meeting at 7:35 p.m. Council President Preisendorf served as Chair. Councilmember Seifert spoke in support of holding the family pass at $99. Councilmember Mehring requested that Mr. Paustian provide a proposed fee schedule using 5 %, 10 %, and 15 % increases. City Administrator Dale Iman presented information on the proposed improvements to the water park and noted that even with the reduced fees being proposed, the Council could adopt a budget amendment which would provide funding for the construction of two high speed slides in spring of 1996, utilizing the funds in the Capital Improvement account. Mr. Iman added that further expansion, including the Lazy River and tube corral, could then be undertaken at the end of 1996, based upon the activity in 1996. Mr. Iman noted that these improvements would be bonded. Kay Collins, 1003 West Louise, questioned the construction of the slides. Councilmember Johnson spoke in support of reducing the fees as proposed by the Parks and Recreation Director and moving forward with the construction of the two slides. ADJOURNMENT: The meeting was adjourned at 8:28 p.m. Respectfully submitted, ~Wi dCj J( 0A1wi flJ- Cindy K. Cartwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL STUDY SESSION November 6, 1995 Pursuant to due call and notice thereof, a Study Session of the City of Grand Island was conducted in the Community Meeting Room of City Hall on November 6, 1995. Notice of the meeting was given in the Grand Island Independent on November 1, 1995. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Preisendorf, Murray, Johnson, Solt, Lueth, Mehring, Kehm, Sorensen, Hosier, and Seifert. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, and City Attorney Charlie Cuypers. PRESENTATION ON PINE STREET STATION REDEVELOPMENT PLAN. Gary Mader, Utilities Director, reported that in April, 1994, Olsson and Associates had been commissioned to evaluate redevelopment plans for the Pine Street Station. Mr. Mader reviewed the history of the facility and stated that consolidation of the Water Department at this location was the ultimate goal. Kevin Pryor of Olsson and Associates and Richard Toren of Sinclair Hille and Associates reviewed the redevelopment options. Councilmember Kehm inquired as to the potential for long term usage for the facility. City Administrator Dale Iman noted that the building could be used for other purposes such as storage or archive space. Mr. Toren noted that in order to utilize the second floor for storage purposes, an elevator would need to be installed. Councilmember Mehring admired the architectural design of the building and spoke in support of maintaining the building. The Council voiced opinions on the preferred design. A consensus was reached to proceed with Option #1. Mr. Mader stated that authorization to proceed with Option #1 - Renovation, which included a vehicle storage area with two new overhead doors, renovation of the Boiler Room, and clearing of the equipment openings in the floor, would be presented to the City Council at a later date. REQUEST FOR COMPLETION OF BOYS AND GIRLS CLUB SURVEY. Randy Kemp with the Boys and Girls Club reviewed the status of the Boys and Girls Club and presented a survey to the elected officials relative to the needs of youth in Grand Island. REPORT ON ALTERNATIVES FOR ISLAND OASIS FEE SCHEDULE. Steve Paustian, Parks and Recreation Director, presented information on alternatives for the Island Oasis Water Park fee structure. Discussion was held on the benefits of each of the alternatives. The consensus of the Council was to proceed with option #3 which established the price of family season passes at $110, and inner tube rentals at $2 and $4. It was noted that this was a reduction from the fees established with the adoption of the budget. I I I Page 2, City Council Study Session, November 6, 1995 DISCUSSION ON PROPOSED AMENDMENT TO 1995-1996 ANNUAL BUDGET. Chuck Haase, Finance Director, reviewed the proposed amendment to the 1995-1996 Annual Budget. Councilmember Seifert questioned the expenditure changes relating to the February 1 step increase. Kay Collins, 1003 West Louise, stated that information had been incorrect. Councilmember Solt noted that the public perception was that there was a wage freeze. City Administrator Dale Iman noted that wage ranges were frozen, but that step increases had not been frozen inasmuch as Personnel Rules, the Anderson Pay Plan and the Union Contracts all required the step increases. Finance Director Haase explained the difference between the wage range freeze and the pay freeze. Glendale Reiss, 910 North Boggs, and Lewis Kent, 624 East Meves, spoke on the wage freeze. Mr. Haase reviewed the other proposed changes, including the addition of a Personnel Director. It was noted that the Assistant City Attorney would share duties between the Legal Department and Personnel Department on an interim basis and that it was proposed to fill the position of Personnel Director as of October 1, 1996. ADJOURNMENT: The meeting was adjourned at 9:05 p.m. Respectfully submitted, tuw~ K elUt/wJJ" ~ Cindy K. Cartwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING November 13, 1995 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 on November 13, 1995. Notice of the meeting was given in the Grand Island Independent on November 8, 1995. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Solt, Hosier, Preisendorf, Seifert, Mehring, Murray, Lueth, Johnson, and Kehm. 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 Councilmember Marilyn Lueth. APPROVAL OF MINUTES: Motion by Preisendorf, second by Kehm, carried unanimously to approve the minutes of the October 23, 1995 City Council Regular Meeting, the minutes of the October 25, 1995 City Council Special Meeting, the minutes of the October 30, 1995 City Council Special Study Session, and the minutes of the November 6, 1995 City Council Study Session. SUBMITTAL OF REQUESTS FOR FUTURE AGENDA ITEMS: No requests were submitted for future agenda items. RESERVE TIME TO SPEAK ON AGENDA ITEMS: 11 individuals reserved time to speak on agenda items. PRESENTATIONS AND PROCLAMATIONS: Cindy Cartwright, City Clerk, reported that November, 1995 had been proclaimed Epilepsy Awareness Month; November 12-18, 1995 had been proclaimed American Education Week; November 19-26, 1995 had been proclaimed Give Thanks for State/Church Separation Week; and November 19-26, 1995 had been proclaimed as National Bible Week. BOARD OF EQUALIZATION: Motion by Preisendorf, second by Kehm, carried unanimously to adjourn to the Board of Equalization. #95-BE-013 - Determining Benefits for Water Main District #412. Indian Acres. Gary Mader, Utilities Director, reported that in its capacity as the Board of Equalization, it was necessary for the City Council to consider the assessment of benefits associated with Water Main District I I I Page 2, City Council Regular Meeting, November 13, 1995 #412, Dale Roush Subdivision and Dale Roush Second Subdivision. Mr. Mader noted that this District was established on August 9, 1993 in order to provide for improvements in the form of a six inch watermain along Arapahoe Avenue, Cherokee Avenue, Commanche Avenue, Dakota Drive, and Navajo Drive, and that construction was completed in November, 1994. Paul Hamilton, 305 Cherokee, Kay Collins, 1003 West Louise, Glendale Reiss, 910 North Bogs, and Ron Hammond, 320 Arapahoe, spoke in opposition to the assessments. Councilmember Johnson questioned how water mains were historically paid for. Mr. Mader noted that historically the City ran trunk lines to entrances to subdivisions and that in the case of Ponderosa Estates, the developer put in a water main and the cost was borne by the developer. Mr. Mader added that the formation of the district was determined by State law and that the statutes also provided for a protest period and for computation of the assessments. Motion by Preisendorf, second by Seifert, carried unanimously to approve #95-BE-013. RETURN TO REGULAR SESSION: Motion by Johnson, second by Kehm, carried unanimously to return to Regular Session. PUBLIC HEARINGS: Public Hearing on Request of Jeffrey Oaks, Inc. For Change of Land Use Designation. Nelson Helm, Regional Planning Director, reported that Mr. James Reed, 2511 Lakeview Drive, president of Jeffrey Oaks, Inc., had submitted a request to rezone property located on both sides of Sacramento Circle, west of North Road, from a "R1" (Suburban Residential) Zone to an "R3" (Medium Density Residential) Zone, and that the purpose of the request was for the construction of twenty condominium units on the property. Mr. Helm added that the Regional Planning Commission, at their meeting of November 1, 1995, recommended denial of the proposed land use and zoning change, citing concerns with neighborhood suitability. Margaret Landis, 5301 West Capital Avenue, Sheila Vandewalle, 2005 North Road, Vivian Walters, 4040 Cannon Road, Karen Nagle, 1905 North North Road, spoke in opposition to the request. No further public testimony was heard. Public Hearing on Request for Acquisition of Utility Easement from Saint Francis Medical Center. Craig Lewis, Building Inspections Director, reported that acquisition of an easement on this tract of land located at 908 North Howard was required for Building Code compliance and for setback compliance. No public testimony was heard. Public Hearing on Request for Acquisition of Utility Easement from Reuting's First Subdivision. Wayne Bennett, Public Works Director, reported that acquisition of this easement in Reuting's First Subdivision was required for the installation, upgrade, maintenance, and repair of public utilities, including but not limited to public sanitary sewer. No public testimony was heard. Public Hearing on Request for Acquisition of Utility Easement from Midland Builders, Inc. Gary Mader, Utilities Director, reported that acquisition of this tract of land located at Lot 4, Deadwood Subdivision, was required for the installation, upgrade, maintenance, and repair of power appurtenances, including lines and transformers in order to relocate an existing electric I I I Page 3, City Council Regular Meeting , November 13, 1995 overhead line so a new building could be constructed on the lot. No public testimony was heard. Public Hearing on Amendment to 1995-1996 Annual Budget. Chuck Haase, Finance Director, reported that as reviewed at the November 6, 1995 City Council Study Session, the Finance Department had completed a number of amendments to the FY 1995-1996 Annual Budget to reflect the actual and projected costs associated with various projects and activities that differ from that anticipated in the original document. Mr. Haase noted that the revisions did not increase the total appropriation level, but did transfer operating activity between funds. Mr. Haase outlined the items included in the Budget Amendment which included a reallocation of $374,182 for cemetery building expansion, underground storage tank removal, general fund step increases, laser scanner, Silver Creek Flood Control, Northwest Flood Plain Study, and two water park slides. It was noted that a reallocation of $19,551 for a Code Enforcement Officer and no current years cost to provide a Personnel Director, two employee transfers and a reclassification, and a reallocation of $507,918 to complete the 1993 Housing Grant and the 1994 Planning Grant, and to create the 1995 Housing Grant and the 1995 Latent Image Grant were also included. Louise Miller, 1104 West Charles, Kay Collins, 1003 West Louise, Glendale Reiss, 910 North Boggs, and Lewis Kent, 624 East Meves, spoke in opposition to the budget amendment and the step increases. City Administrator Dale Iman stated that budget amendments would take place periodically throughout the fiscal year to reflect actual costs. No further testimony was heard. Public Hearing on Request of Calvary Lutheran Church for Renewal of Conditional Use Permit for Temporary Placement of Motor Homes. Craig Lewis, Building Inspections Director, reported that Calvary Lutheran Church, 1304 North Custer Street, had submitted an application for the renewal of a Conditional Use Permit for the temporary placement of recreational vehicles and motor homes on the parking lot at 1304 North Custer Street. Mr. Lewis noted that Calvary Lutheran officials had indicated that the work would be completed within a matter of weeks. No public testimony was heard. DISCUSSION AND INFORMATION ITEMS: Mr. L. Bradley Hurrell, of KPMG Peat Marwick accounting firm, presented the audited financial statements for Fiscal Year 1994-1995. It was noted that the debt to equity ratio for both the water and electric utilities was outstanding. Mr. Hurrell also stated that the City's utility rates were very competitive and made note of the fact that there had not been an increase in the electric rates for 15 years. Lewis Kent, 624 East Meves, praised the utility department for a job well done. REQUESTS AND REFERRALS: Receipt of Official Documents. Motion by Solt, second by Preisendorf, carried unanimously to receive and place on file the minutes of the Hall County Board of Health Meetings of April 19, 1995, May 9, 1995, June 13, 1995, July 11, 1995, August 8, 1995, September 12, 1995, and October 10, 1995, the minutes of the Civil Service Commission Meeting of October 12, I I I Page 4, City Council Regular Meeting, November 13, 1995 1995, the minutes of the Regional Planning Commission Meeting of November 1, 1995, and the tort claims filed by Shari Scarborough, Randy Skarka, and Mobile World, Inc. Referral of Rezoning Request to Regional Planning Commission. Cindy Cartwright, City Clerk, reported that Mr. and Mrs. Alvin L. Wagner, 1103 North Saint Paul Road, had submitted an application to rezone the property located at 1103 North Saint Paul Road from an "R4" (High Density Residential) Zone to a "B1" (Light Business) Zone for the purpose of construction of a convenience store. Ms. Cartwright noted that the request should be referred to the Regional Planning Commission for a Public Hearing and recommendation as provided for in the City Code and returned to the City Council for review and discussion on December 18, 1995, at which time a Public Hearing would be held. Motion by Kehm, second by Seifert, carried unanimously to approve the referral. Approving Request of Kathy Vonseggern Hatch for Liquor Manager Designation for United Veterans Club. Motion by Solt, second by Sorensen, carried unanimously to approve the request of Ms. Kathy Hatch, 2323 Bellwood Drive, #201, for a Liquor Manager Designation associated with United Veterans Club, 1914 West Capital Avenue. Approving Request of Michael W. Finck for Liquor Manager Designation for DC Holding, Inc. Motion by Solt, second by Sorensen, carried unanimously to approve the request of Mr. Michael Finck, 3210 West 15th Street, for a Liquor Manager Designation associated with D.C. Holding Company, Inc., dba Western Charloin Steakhouse, 1201 South Locust Street. Approving Request of Renee Bruer for Liquor Manager Designation for Bosselman, Inc., dba Pump and Pantry. Motion by Solt, second by Sorensen, carried unanimously to approve the request of Ms. Renee Bruer, 3510 Deann Road, for a Liquor Manager Designation associated with Bosselman, Inc., dba Pump and Pantry #10, 3200 South Locust Street. Approving Formation of and Appointments to Comprehensive Park and Recreation Plan Steering Committee. Steve Paustian, Parks and Recreation Director, reported that in February, 1995, the City Council approved the hiring of a consultant in order to complete a Comprehensive Park and Recreation Plan and that the consultant, Winston Associates, had recommended the formation of a Comprehensive Park and Recreation Plan Steering Committee in an effort to receive public input on the direction of the Park and Recreation facilities. Mr. Paustian added that the purpose of the Committee would be to review and recommend measures to be adopted including any accompanying amendments to the City Code. Motion by Solt, second by Seifert, carried unanimously to approve the appointments of Kent Kincanon, Linda Green, John Brownell, Ken Tell, Lois Stienike, Donna Helzer, TJ Niehaus, and Pete Letheby to the Committee, as well as Councilmembers Preisendorf and Murray. Glendale Reiss, 910 North Boggs, spoke on the issue. Approving Request of Calvary Lutheran Church for Renewal of Conditional Use Permit for Temporary Placement of Motor Homes in the Parking Lot of 1304 North Custer Street. Motion by Sorensen, second by Mehring, carried unanimously to approve the request of Calvary I I I Page 5, City Council Regular Meeting, November 13, 1995 Lutheran Church for renewal of Conditional Use Permit for Temporary Placement of Motor Homes. RESOLUTIONS: #95-299 - Approving Final Plat and Subdivision Agreement for Clark Brothers Subdivision. Nelson Helm, Regional Planning Director, reported that Clark Brothers Transfer, Inc., a Nebraska corporation, 3325 West Second Street, had submitted the final plat and subdivision agreement for Clark Brothers Subdivision, a 10.056 acre tract of land located on the west side of North Road, approximately 1,4 mile south of Stolley Park Road and noted that this subdivision consisted of a simple tract split within an existing "M2" (Heavy Manufacturing) Zone. Motion by Murray, second by Lueth, carried unanimously to approve. #95-300 - Approving Agreement with Nebraska Community Enhancement Program for Streetscaping Project. Dianne Kelley, Downtown Development Director, reported that in the summer, 1995, the Downtown Development Department submitted an application to the Nebraska State-Wide Arboretum for a grant in the amount of $15,000, to assist in the 1995-1996 Downtown Streetscape Project. It was reported that the grant, in the full amount of $15,000, had been awarded and would be used for tree planting in the Spring, 1996 project and that in order for the award to be finalized, it was necessary that Council approve the grant contract. Motion by Seifert, second by Solt to approve. Upon roll call vote, Lueth, Solt, Johnson, Hosier, Kehrn, Mehring, Seifert, Murray and Sorensen voted aye. Preisendorf was absent at the time the vote was taken. Motion adopted. #95-301 - Approving Agreement with Northeast Community College to Provide Advanced EMT- Training Program. Dale Iman, City Administrator, explained that the City of Grand Island had been approached by Northeast Community College of Norfolk, Nebraska, to provide in-field training and experience for students who were enrolled in the emergency medical training program with Northeast Community College and that an Agreement between the Northeast Community College and the City of Grand Island had been prepared that would commence September 1, 1995 and terminate August 31, 1997. Motion by Solt, second by Murray, carried unanimously to approve. #95-302 - Approving Agreement with Business Records Corporation for Software Services. Chuck Haase, Finance Director, reported that in 1990, the City Council adopted a Resolution which authorized an agreement with Business Records Corporation to provide an integrated financial software package. Mr. Haase requested that a renewal of the agreement with Business Records Corporation for the period of December 1, 1995 through November 30, 1998, at a cost of $5,786 annually, for a total of $17,358 over the agreement period be approved. Motion by Seifert, second by Preisendorf, carried unanimously to approve. #95-303 - Awarding Bid for Continuous Emissions Monitoring Certification Testing. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for a contract award for Continuous Emissions Monitoring Certification Testing to serve the Utilities I I I Page 6, City Council Regular Meeting, November 13, 1995 Department, Platte Generating Station and Burdick Station. Ms. Griffiths noted that seven bids had been received, ranging from $12,250 to $25,806 and that the low bid had been submitted by Interpoll of Circle Pines, Minnesota. Motion by Seifert, second by Lueth, carried unanimously to award the low bid to Interpoll in the amount of $12,250. #95-304 - Awarding Bid for Continuous Emissions Monitoring Software Upgrade. Beth Griffiths, Purchasing Agent, reported that the Continuous Emissions Monitoring System, which serves the Utilities Department, became operable in January, 1995 and that the CEM's were comprised not only of gas monitors and other hardware but also of electronic data storage and reporting systems. Ms. Griffiths explained that in May, 1995, the EPA issued revisions to the mandated CEM's reporting systems for which the changes were accomplished by re- programming the present computer systems associated with the CEM's. It was noted that Enviroplan, the original contractor, was the sole source for such re-programming due to the proprietary nature of the original programming and Enviroplan had quoted $32,000 for the upgrade. Ms. Griffiths added that as an option, bids were solicited according to City purchasing procedures relative to replacing the current CEM programming in lieu of re-programming and that two bids had been received, in the amounts of $106,600 and $231,716. Ms. Griffiths added that because the price of the upgrades was 30 % that of replacement, it was recommended that the upgrade from Enviroplan be purchased. Motion by Seifert, second by Lueth carried unanimously to award the bid to Enviroplan for re-programming. #95-305 - Awarding Bid for Spot Gas Sales Agreement. Beth Griffiths, Purchasing Agent, reported that the Utilities Department solicits pricing for the purchase of natural gas fuel on a monthly basis and that it was required that interested fuel supplies execute a Spot Gas Sales Agreement with the City in order to participate in the monthly bidding. Ms. Griffiths explained that actual pricing was bid monthly based upon the City's specified quantities with the award made to the low responsive bidder. It was noted that Snyder Oil Corporation of Denver, Colorado, had expressed interest in bidding on the natural gas fuel and that a Standard Agreement was, therefore, required. Motion by Seifert, second by Lueth, carried unanimously to approve. #95-306 - Awarding Bid for Padmount Transformers. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of six types of padmount transformers to serve the Utilities Department, Underground Division and that four bidders submitted a total of five bids. Ms. Griffiths reviewed the Procurement Code, which provided for the evaluation method to be used in comparing the transformers, and noted that after evaluation, the lowest bid meeting specifications for Types 1, 2, 3, 4, and 6 was submitted by Husker Electric Company of Lincoln in the amount of $134,428.70, plus tax, and Type 5 was submitted by Dutton Lainson of Hastings in the amount of $13,187.73, plus tax. Discussion was held on the evaluation method used. Councilmember Lueth requested that additional information be included in the Council packet relative to the evaluation. Motion by Seifert, second by Lueth, carried unanimously to approve. I I I Page 7, City Council Regular Meeting, November 13, 1995 #95-307 - Awarding Bid for ACSR and Miscellaneous Electrical Items. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the sale of ACSR Wire and miscellaneous electrical items to serve the Utilities Department, Electric Line and Underground Divisions. Ms. Griffiths noted that bids had been submitted by five vendors offering pricing for 18 line items of miscellaneous electrical items; however, five of the line items could be awarded without City Council action, as the total award to each individual bidder was less than $10,000. It was reported that low bids had been submitted for the remaining 13 line items by Kriz Davis of Grand Island in the amount of $53,104.01, plus tax and Dutton Lainson of Hastings in the amount of $10,882.38, plus tax. Motion by Seifert, second by Lueth, carried unanimously to award the low bids to Kriz Davis and Dutton Lainson. #95-308 - Approving Sale of Diesel-Electric Locomotive. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of one diesel-electric locomotive - Utilities Department which was currently stored at the Platte Generating Station and had not been in recent use or scheduled for replacement. Ms. Griffiths added that two bids had been received in the amounts of $15,551 and $62,500. Buzz Rumbaugh, 2316 West Oklahoma, recommended placement of the locomotive at Stuhr Museum. Motion by Seifert, second by Lueth, carried unanimously to accept the bid in the amount of $62,500 from Ag Processing of Omaha for sale of the locomotive. #95-309 - Approving Supplemental Agreement with State of Nebraska Department of Roads for East Highway 30 Proiect. Wayne Bennett, Public Works Director, reported that on October 24, 1994, the City Council adopted a Resolution providing for an agreement with Nebraska Department of Roads for improvements to East Highway 30 near the Burlington Northern Railroad overpass. Mr. Bennett noted that the project was scheduled for the 1996 construction season; however, the State did not have enough funding to maintain this schedule. Mr. Bennett explained that the City had Federal Surface Transportation Fund obligation authority available and was not planning to use the bulk of this money in 1996 and suggested that the authority be advanced to the Nebraska Department of Roads until the City needed it. Mr. Bennett added that this would allow the portion of the East Highway 30 project near the Burlington Northern Railroad to proceed on schedule. It was noted that one half of the City's obligation authority would be returned in Fiscal Year 1997, which begins in October, 1996, and the other half in Fiscal Year 1998, which begins in October, 1997. Motion by Preisendorf, second by Murray, carried unanimously to approve. #95-310 - Approving Acquisition of Utility Easement from Saint Francis Medical Center. Motion by Murray, second by Seifert, carried unanimously to approve the acquisition of a utility easement from Saint Francis Medical Center. #95-311 - Approving Acquisition of Utility Easement from Reuting's First Subdivision. Motion by Murray, second by Seifert, carried unanimously to approve the acquisition of a utility easement from Reuting's First Subdivision. I I I Page 8, City Council Regular Meeting, November 13, 1995 #95-312 - Approving Acquisition of Utility Easement from Midland Builders, Inc. Motion by Murray, second by Seifert, carried unanimously to approve the acquisition of a utility easement from Midland Builders, Inc. #95-313 - Approving Community Redevelopment Authority Blight and Substandard Study. Dianne Kelley, Downtown Development Director, reported that in July, 1995, the Community Redevelopment Authority authorized a Blight/Substandard Study by Hanna:Keelan of Lincoln, Nebraska. Ms. Kelley noted that the study was recently completed, and was approved by the Community Redevelopment Authority at their November 7, 1995 meeting. It was noted that the purpose of the study was to determine whether the project area fulfilled the blight/substandard criteria of the Nebraska Community Development law. Ms. Kelley stated that the Community Redevelopment Authority requested City Council approval of the blight and substandard study. Louise Miller, 1104 West Charles, questioned the cost of the study. Ms. Kelley responded that the cost of the study and plan was $22,000 and was paid by the Community Redevelopment Authority. Buzz Rumbaugh, 2316 West Oklahoma, spoke in support of the study. Motion by Johnson, second by Lueth, carried unanimously to approve. #95-314 - Approving Fees for Parks and Recreational Facilities. Steve Paustian, Parks and Recreation Director, reported that at the City Council Study Session of November 6, 1995, the Parks and Recreation Director presented alternatives for the schedules for the Island Oasis Water Park and that the consensus of the City Council was to amend the fee schedule, which was adopted by the City Council on June 5, 1995, effective October 1, 1995. Motion by Kehm, second by Seifert, to approve the revised fee which established the rate for a family season pass at $110, season passes for adults at $50, season passes for children at $40 and increase in inner tube rental fees. Upon roll call vote, Lueth, Johnson, Solt, Hosier, Preisendorf, Kehm, Mehring, Seifert, and Murray voted aye. Sorensen voted nay. Motion adopted. #95-315 - Approving Settlement and Receiving Release for Former City Administrator Zachary Zoul. Assistant City Attorney Lisa Thayer presented information on the proposed settlement with former City Administrator Zachary Zoul. Ms. Thayer noted that following his dismissal, on December 13, 1994, former City Administrator Zachary Zoul filed a claim against the City of Grand Island for wages based on a contract dated March 4, 1991, and that she, along with Administration had prepared a settlement of all issues outstanding between the City and the former City Administrator. Ms. Thayer noted that the settlement, which had been accepted by Mr. Zoul, provided for a payment of $30,089.50, based upon a calculation of minimum credits and potential deductions which would be considered by a court in the event Mr. Zoul's contract claims were presented at a trial. It was noted that the settlement would discharge the City from any and all past, present, and future claims arising as a result of Mr. Zoul's former employment with the City of Grand Island. Jim Truell, 903 West Division, representing Mr. Zoul, spoke in support of the settlement. Glendale Reiss, 910 North Boggs, and Lewis Kent, 624 East Meves, spoke in opposition to the settlement. Councilmember Kehm moved. Councilmember Johnson seconded the motion. Councilmembers Sorensen and Seifert spoke in opposition to the settlement. Councilmember Johnson noted that he had believed in December that releasing Mr. Zoul would ultimately cost the City money. Councilmember Solt stated that the potential costs I I I Page 9, City Council Regular Meeting, November 13, 1995 of litigation would be more costly than the settlement. Councilmember Preisendorf stated that the Council had given staff the authority to negotiate a settlement and it was important to honor that. Roll call vote was taken on the motion. Lueth, Hosier, Johnson, Solt, Preisendorf, Mehring, and Kehm voted aye. Murray abstained. Seifert and Sorensen voted nay. Motion adopted. ORDINANCES: Councilmember Sorensen moved that the statutory rules requiring that ordinances be read by title on three different days be suspended and that ordinances numbered: #8140 - Approving Vacation of Easement at Deadwood Subdivision #8141 - Approving Conveyance of Sanitary Sewer Line to Grand Island School District #8142 - Approving Assessments for Water Main District #412, Indian Acres #8144 - Approving Vacation of Utility Easement, Reuting's First Subdivision #8145 - Amending Chapter 8 of City Code Relative to Building Inspections Department be considered for passage on the same day upon reading by number only, and then placed on final passage, and that the City Clerk be permitted to call out the number of the Ordinances on their first and final reading and then upon final passage, and call for a roll call vote on each reading and final passage. Second by Councilmember Seifert. After inviting comments or questions, Glendale Reiss, 910 North Boggs, spoke on the assessments for Water Main District #412. Mayor Gnadt then called for a roll call vote on the motion. Upon roll call vote, all voted aye. Motion adopted. Clerk: Ordinances #8140, #8141, #8142, #8144, and #8145 on their first reading. All those in favor of the passage of the ordinances, answer roll call. Upon roll call vote, all voted aye. Motion adopted. Clerk: Ordinances #8140, #8141, #8142, #8144, and #8145 on their final passage. All those in favor of the passage of the ordinances on final passage, answer roll call. Upon roll call vote, all voted aye. Motion adopted. Mayor: By reason of the roll call votes on the first and final passage of said Ordinances, Ordinances #8140, #8141, #8142, #8144 and #8145 are declared to be lawfully passed and adopted upon publication as required by law. Councilmember Sorensen moved that the statutory rules requiring that ordinances be read by title on three different days be suspended and that ordinance numbered: #8139 - Approving Budget Amendment be considered for passage on the same day upon reading by number only, and then placed on I I I Page 10, City Council Regular Meeting, November 13, 1995 final passage, and that the City Clerk be permitted to call out the number of the Ordinances on their first and final reading and then upon final passage, and call for a roll call vote on each reading and final passage. Second by Councilmember Johnson. Lewis Kent, 624 East Meves, spoke in opposition. After inviting questions or comments and there being none, Mayor Gnadt called for a roll call vote on the motion. Upon roll call, all voted aye. Motion adopted. Councilmember Mehring moved to amend Ordinance #8139 to delete the step increases. Second by Sorensen. Upon roll call vote to approve the amendment, Councilmembers Mehring, Seifert, and Sorensen voted aye. Lueth, Johnson, Hosier, Preisendorf, Kehm, Solt and Murray voted aye. Motion failed. Clerk: Ordinance #8139 on its first reading. All those in favor of the passage of the ordinance, answer roll call. Upon roll call vote, Lueth, Johnson, Hosier, Solt, Preisendorf, Kehm, Mehring, Seifert, and Murray voted aye. Sorensen voted nay. Motion adopted. Clerk: Ordinances #8139 on its final passage. All those in favor of the passage of the ordinance on final passage, answer roll call. Upon roll call vote, Lueth, Johnson, Hosier, Solt, Preisendorf, Kehm, Mehring, Seifert, and Murray voted aye. Sorensen voted nay. Motion adopted. Mayor: By reason of the roll call votes on the first and final passage of said Ordinance, Ordinances #8139 is declared to be lawfully passed and adopted upon publication as required by law. Councilmember Sorensen moved that the statutory rules requiring that ordinances be read by title on three different days be suspended and that ordinance numbered: #8143 - Approving Salary Ordinance be considered for passage on the same day upon reading by number only, and then placed on final passage, and that the City Clerk be permitted to call out the number of the Ordinances on their first and final reading and then upon final passage, and call for a roll call vote on each reading and final passage. Second by Councilmember Murray. Councilmember Lueth questioned the Senior Administrative Secretary position. City Administrator Dale Iman noted that the job description was being reviewed. Councilmember Mehring moved to amend the ordinance to delete the proposed maximum increases with the exception of the Planning Director. Seifert seconded the motion. Upon further discussion, Councilmembers Mehring and Seifert withdrew their motion. Councilmember Johnson stated that no cost of living raises were being given and that the step increases were not going to change the budget. After inviting questions or comments and there being none, Mayor Gnadt called for a roll call vote on the motion. Upon roll call, all voted aye. Motion adopted. I I I Page 11, City Council Regular Meeting, November 13, 1995 Lewis Kent, 624 East Meves, Roberta Collins, 1003 West Louise, and Glendale Reiss, 910 North Boggs, spoke in opposition to the ordinance. Clerk: Ordinance #8143 on its first reading. All those in favor of the passage of the ordinance, answer roll call. Upon roll call vote, Lueth, Johnson, Hosier, Solt, Preisendorf, and Murray voted aye. Seifert, Mehring, Kehm and Sorensen voted nay. Motion adopted. Clerk: Ordinances #8143 on its final passage. All those in favor of the passage of the ordinance on final passage, answer roll call. Upon roll call vote, Lueth, Johnson, Hosier, Solt, Preisendorf, and Murray voted aye. Kehm, Mehring, Seifert, and Sorensen voted nay. Motion adopted. Mayor: By reason of the roll call votes on the first and final passage of said Ordinance, Ordinances #8143 is declared to be lawfully passed and adopted upon publication as required by law. Ordinance #8146 - Consideration of Request of Jeffrey Oaks, Inc., for Change of Land Use Designation. Motion by Murray, second by Lueth, to deny the request. Upon roll call vote, all voted aye. Motion to deny the request was adopted. CLAIMS: Councilmember Sorensen moved to remove Claim #036366 to Zachary Zoul. Second by Seifert. Upon roll call vote, Seifert and Sorensen voted aye. Lueth, Johnson, Hosier, Solt, Preisendorf, Kehm, Mehring, and Murray voted nay. Motion failed. Motion by Kehm, second by Preisendorf, to approve the claims in the amount of $2,377,202.55, as presented by the City Clerk. Councilmember Preisendorf abstained from Claim #35799, Claim #36083, and Claim #36318. Councilmember Solt abstained from Claim #36337, Claim #36345, claim #36365 and all Claims relating to Account 520. Upon roll call vote, Lueth, Hosier, Johnson, Solt, Preisendorf, Kehm, Mehring and Murray voted aye. Seifert and Sorensen voted nay. Motion adopted. ADJOURNMENT: The meeting was adjourned at 9:35 p.m. Respectfully submitted, ;' r,. . I i \ '\ i I \ n.. J/ I III 'vL ) Itl L '-U L \ l'-,,\ '- 11\.' Cindy K. CJirtwright City Clerk (-\! \ ), (,t i </ I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL SPECIAL MEETING November 20, 1995 Pursuant to due call and notice thereof, a Special Meeting of the City Council of the City of Grand Island was conducted in the Community Meeting Room of City Hall on November 20, 1995. Notice of the meeting was given in the Grand Island Independent on November 15, 1995. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Solt, Hosier, Preisendorf, Mehring, Murray, Sorensen, Lueth, Johnson, and Kehm. Seifert was absent. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, and City Attorney Charlie Cuypers. PUBLIC HEARINGS: Public Hearing on Request of Grand Island PH, Inc., dba Pizza Hut, 2004 North Broadwell, for Addition to Premises Liquor License. Cindy Cartwright, City Clerk, reported that Rose Mary Staab representing Grand Island PH, Inc., dba Pizza Hut, 2004 North Broadwell, had submitted an application for an Addition to Premises Liquor License. The City Clerk presented the following exhibits for the record: Application for an Addition to Premises Liquor License filed with the Liquor Control Commission and received by the City on October 19, 1995; Notice to general public of date, time, and place of hearing published on November 9, 1995; Notice to applicant of date, time, and place of hearing mailed on November 7, 1995; Chapter 4 of City Code; Departmental reports as required by Code. No public testimony was heard. Public Hearing on Request of Carlos O'Kelly's, Inc., dba Carlos O'Kelly's, 1810 Diers Avenue, for Class "I" Liquor License. Cindy Cartwright, City Clerk, reported that David Rolph of Wichita, Kansas, on behalf of Carlos O'Kelly's, Inc., 1810 North Diers Avenue, had submitted an application for a Class "I" Liquor License. The City Clerk presented the following exhibits for the record: Application for a Class "I" Liquor License, filed with the Liquor Control Commission and received by the City on November 3, 1995; Notice to general public of date, time, and place of hearing published on November 9, 1995; Notice to applicant of date, time, and place of hearing mailed on November 7, 1995; Chapter 4 of City Code; Departmental reports as required by City Code. It was noted that final inspections had not been completed inasmuch as the facility was still under construction. Richard Wait, Director of Operations, 2628 Dublin Circle, Wichita, and James Pendergraft, 4603 Palace Drive, spoke in support of the application. No further public testimony was heard. Public Hearing on Request of The Kit Company, Inc., dba Pumpers, 1904 North Diers Avenue, for Class "B" Liquor License. Cindy Cartwright, City Clerk, reported that James J. Kitten, 4233 Arizona, representing The Kit Company, Inc., dba Pumpers, 1904 North Diers Avenue, I I I Page 2, City Council Special Meeting, November 20, 1995 had submitted an application for a Class "B" Liquor License. The City Clerk presented the following exhibits for the record: Application for a Class "B" Liquor License, filed with the Liquor Control Commission and received by the City on November 7, 1995; Notice to general public of date, time, and place of hearing published on November 9, 1995; Notice to applicant of date, time, and place of hearing mailed on November 7, 1995; Chapter 4 of City Code; and Departmental reports as required by City Code. It was noted that final inspections had not been completed inasmuch as the facility was still under construction. James Kitten, 4233 Arizona, spoke in support of the application. No further public testimony was heard. REQUESTS AND REFERRALS: Request of Grand Island PH. Inc.. dba Pizza Hut. for Addition to Premises Liquor License. Motion by Solt, second by Sorensen, carried unanimously to approve the request of Grand Island PH, Inc., dba Pizza Hut, 2004 North Broadwell, for Addition to Premises Liquor License. Request of Carlos O'Kelly's Inc.. 1810 Diers Avenue. for Class "I" Liquor License. Motion by Solt, second by Sorensen, carried unanimously to approve the request of Carlos O'Kelly's Inc. for a Class "I" Liquor License, contingent upon final inspections and compliance with City Code. Request of James A. Pendergraft for Liquor Manager Designation for Carlos O'Kelly's Inc. Motion by Solt, second by Sorensen, carried unanimously to approve the request of James Pendergraft for Liquor Manager Designation for Carlos O'Kelly's Inc. Request of The Kit Company. Inc.. dba Pumpers. 1904 North Diers Avenue. for Class "B" Liquor License. Motion by Solt, second by Sorensen, carried unanimously to approve the request of The Kit Company for a Class "B" Liquor License, contingent upon final inspections and compliance with City Code. Request of James Kitten for Liquor Manager Designation for The Kit Company. Motion by Solt, second by Sorensen, carried unanimously to approve the request of James Kitten for Liquor Manager Designation for The Kit Company. ADJOURNMENT: The meeting was adjourned at 7:10 p.m. Respectfully submitted, t! . ) r,; rl I .1/ i '{LtJ.. . \ / ( \ (l \; II rl ,)\\ \\,. .:1\ ) Cindy K. artwright City Clerk " I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL STUDY SESSION November 20, 1995 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 on November 20, 1995. Notice of the meeting was given in the Grand Island Independent on November 15, 1995. Mayor Gnadt called the meeting to order at 7:10 p.m. The following members were present: Mayor Gnadt, Councilmembers Lueth, Johnson, Hosier, Solt, Sorensen, Murray, Mehring, Kehm, and Preisendorf. Seifert was absent. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, and City Attorney Charlie Cuypers. Discussion on Amending City Code Relative to Backflow Prevention to Allow Sprinkler Companies to Install Systems without Backflow Devices. Craig Lewis, Building Inspections Director, presented information on the history for the requirement of back flow devices and noted that the Uniform Plumbing Code and National Plumbing Code both require backflow prevention on lawn sprinkling systems. Mr. Lewis added that the City's concern is with protecting the potable water supply. Councilmember Kehm questioned the need for the regulations in light of the State's recent decision to not require the systems. Councilmember Sorensen questioned the fee for renewal inspections. Charlie Cuypers, City Attorney, explained the recent decision of the State relative to the rules regarding protection against lawn sprinkling systems. Jack Roark, 556 East 18th, Myrna Lacy, 3027 West Capital Avenue, Don Mustion, 4010 Driftwood, spoke in opposition to the regulations. Discussion was held on the need to protect the City's water supply. No further action was requested. Discussion on Implementing Anti-Graffiti Ordinance. City Administrator Dale Iman presented information on the proposed graffiti abatement ordinance. Mr. Iman noted that the Mayor's Task Force on Youth Issues recommended the ordinance to provide for making it a violation to create graffiti, set penalties for those found in violation, require property owners to abate graffiti when it occurs, and give the City the authority to abate the graffiti and pass those costs on to the property owner when the property owner fails to obey an order to abate. Mayor Gnadt suggested that the 30 day time period for clean up of the graffiti should be reduced to 48 hours. Charlie Cuypers, City Attorney, reviewed the ordinance and stated that it was drafted from an ordinance used in the City of Omaha. Police Chief Gene Watson noted that the ordinance would give the City a tool that it currently did not have. Councilmember Sorensen spoke in support of utilizing Neighborhood Watch programs to reduce the graffiti. Councilmembers Mehring and Murray stated that individual property owners should not be held responsible for other's actions. Councilmember Preisendorf submitted letters from eleven business owners who were in support of the proposed ordinance. Councilmember Johnson spoke in support of a method of assessing a cost to the clean up. Jackie Pielstick, 722 East 7th Street, Denise Adams, 4161 Lariat Lane, I I I Page 2, City Council Study Session, November 20, 1995 Lewis Kent, 624 East Meves, and Jack Roark, 556 East 18th Street, spoke on the issue. Mayor Gnadt noted that the ordinance would be included on the November 27, 1995 City Council Agenda for action. ADJOURNMENT: The meeting was adjourned at 8:40 p.m. Respectfully submitted, V 111 Cindy K. Cartwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING November 27, 1995 Pursuant to due call and notice thereof, a Regular Meeting of the City of Grand Island was conducted in the Council Chambers of City Hall on November 27, 1995. Notice of the meeting was given in the Grand Island Independent on November 22, 1995. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Solt, Johnson, Hosier, Preisendorf, Kehm, Seifert, and Sorensen. Mehring, Murray, and Lueth were 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 Galen Lawhead. APPROVAL OF MINUTES: Motion by Preisendorf, second by Sorensen, carried unanimously to approve the minutes of the November 13, 1995 City Council Regular Meeting, the minutes of the November 20, 1995 City Council Special Meeting, and the minutes of the November 20, 1995 City Council Study Session. SUBMITTAL OF REQUESTS FOR FUTURE AGENDA ITEMS: Lewis Kent, 624 East Meves, submitted a request for a future agenda item. 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 November 22-28, 1995 had been proclaimed as Family Week. The following proclamation was read for the record: Whereas, the family unit has always been the cornerstone of American society. Our families nurture, preserve and pass on the values we share and cherish; and whereas we must honor this institution of family, which has given so much meaning to human life and provided a stable structure for our society. The family has played a fundamental role in securing the values upon which our nation was founded. The strength of our families is vital to the strength of our communities and country and whereas, it is appropriate that we honor the family as a unit essential to the continued well-being of the United States and it is fitting that official recognition be given to the importance of family loyalty and ties; now therefore, Ken Gnadt, Mayor of the City of Grand Island do hereby proclaim the week of November 22 through November 28, 1995 as Family Week in Grand Island, and urge all my fellow citizens to participate in meaningful activities with our families to help promote and pay tribute to our most worthwhile asset. I I I Page 2, City Council Regular Meeting, November 27, 1995 REQUESTS AND REFERRALS: Receipt of Official Documents. Motion by Sorensen, second by Preisendorf, carried unanimously to receive and place on file the minutes of the Library Board Meeting of October 9, 1995, the minutes of the Downtown Improvement Board Meeting of October 17, 1995, and the minutes of the Civil Service Commission Meeting of October 23, 1995. Referral of Rezoning Request to Regional Planning Commission. Cindy Cartwright, City Clerk, reported that Mr. Milan Bish, President of Tree Houses, Inc., c/o 304 West Third Street, had submitted an application to rezone the property located on West State Street from a "B2" (General Business) Zone to an "RD" (Residential Development) Zone, to allow for a residential development to be located on a large parcel of land under a single ownership. Ms. Cartwright noted that the request should be referred to the Regional Planning Commission for a Public Hearing and recommendation as provided for in the City Code and returned to the City Council for review and discussion on December 18, 1995, at which time a Public Hearing would be held. Approving Request of Lacy Building and Supply for License Agreement for Use of Public Right of Way. Wayne Bennett, Public Works Director, reported that Mr. Earl Ahlschwede, Attorney representing Lacy Building and Supply Company, 715 South Clark Street, had submitted an application for a License Agreement to allow an encroachment of a building front in the public right-of-way. Mr. Bennett noted that Lacy Building and Supply was planning to construct an addition to the north side of its existing building which would result in an encroachment of .60 feet onto the public right-of-way. Motion by Preisendorf, second by Seifert, carried unanimously to approve. RESOLUTIONS: #95-316 - Awarding Bid for Spur Track Maintenance. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for spur track maintenance to serve the Utilities Department, Platte Generating Station, and that three bids had been received, ranging from $11,979 to $27,470. Ms. Griffiths noted that the low bid had been submitted by R & S Track Maintenance of Columbus, Nebraska, in the amount of $11,979. Motion by Kehm, second by Johnson, to award the low bid to R & S Track Maintenance. Upon roll call vote, Johnson, Hosier, Preisendorf, Kehm, Seifert, and Sorensen voted aye. Solt abstained. Motion adopted. #95-317 - Awarding Bid for Watthour Meters. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for two types of watthour meters to serve the Utilities Department, and that four bids had been received, ranging from $278.18 to $360.65 each for the Form 9A Meter and from $264.70 to $324.85 each for the Form 12S Meter. Ms. Griffiths noted that the low bid had been submitted by Husker Electric of Lincoln for 24 of the Form 9A Meters in the amount of $6,676.32 and Kriz Davis of Grand Island for 48 of the Form 12S Meters in the amount of $12,705.60. Motion by Kehm, second by Solt, to award the low bids I I I Page 3, City Council Regular Meeting, November 27, 1995 to Kriz Davis and Husker Electric. Upon roll call vote, Johnson, Hosier, Preisendorf, Kehm, Seifert, and Sorensen voted aye. Solt abstained. Motion adopted. #95-318 - Approving Confidentiality Agreement with Iatan Power Partners, L.P. Relative to Future Electrical Requirements. Gary Mader, Utilities Director, reported that the Utilities Department, as part of evaluating the means by which the City would meet its future electric requirements, surveyed area power producers for interest in selling power to Grand Island, and noted that one potential supplier was Iatan Power Partners of Kansas City. Mr. Mader added that in order to continue negotiations, Iatan Power Partners had requested an agreement with the City to maintain confidentiality of information provided by Iatan Power Partners, which they deem to be commercially sensitive, and the disclosure of which would place them at a competitive disadvantage. Motion by Seifert, second by Preisendorf, carried unanimously to approve the Confidentiality Agreement. #95-319 - Authorizing Use of STP Funds for Traffic Signals and Improvements. Wayne Bennett, Public Works Director, reported that the Public Works Department was requesting use of a portion of the Federal STP Funding for construction of new traffic signals at four locations: Custer Avenue and Old Lincoln Highway, Custer Avenue and Faidley Avenue, Custer Avenue and State Street, and Stolley Park Road and Webb Road. Mr. Bennett added that the Federal Surface Transportation Funds could be used to finance 80 % of the cost of the signal construction and the estimated cost of the signals was $250,000. It was noted that the City's matching funds of $50,000 would be requested in the City's Fiscal Year 1996-1997 Annual Budget. Jackie Pielstick, 722 East 7th Street, spoke on the issue. Motion by Kehm, second by Johnson, carried unanimously to approve. #95-320 - Approving Agreement with McCook Community College to Provide Advanced EMT- Training Program. Dale Iman, City Administrator, reported that the City of Grand Island had been approached by McCook Community College, Mid Plains Community College Area of McCook, Nebraska, to provide in-field training and experience for students who were enrolled in the emergency medical training program with McCook Community College. Mr. Iman noted that an Agreement between McCook Community College and the City of Grand Island has been prepared that would commence December 1, 1995 and terminate November 30, 1997. Kay Collins, 1003 West Louise Street, spoke in support of the agreement. Motion by Kehm, second by Solt, to approve. Upon roll call vote, Solt, Johnson, Hosier, Preisendorf, Kehm, and Seifert voted aye. Sorensen abstained. Motion adopted. #95-321 - Approving Change Order for Architectural Services Agreement for Phelps Control Center and Electric Service Building. Gary Mader, Utilities Director, reported that the Utilities Department had developed Change Order #1 for the Architectural Services Agreement for Phelps Control Center and Electric Service Building which was awarded to Victor Aufdemberge Architecture and provided for expanding the present building at Phelps Control Center to accommodate engineering and drafting,. records storage, substation relay and maintenance personnel and provide handicapped accessible facilities including restroom facilities. Mr. Mader stated that at the Electric Service Building, equipment maintenance and storage, along I I I Page 4, City Council Regular Meeting, November 27, 1995 with a women's restroom were budgeted but that, after analysis, a satisfactory location for the women's restroom was found to be unavailable, creating a need for an addition which required expansion of architectural services. Mr. Mader added that the Utilities Department's insurance carrier had also requested fire sprinkler systems be installed. It was noted that Change Order #1 provided for the architectural services for the building addition and the fire sprinkler system and would result in a net increase of $8,200. Councilmember Johnson questioned the need for the women's restroom. Discussion followed on the size of the addition relative to the restroom and storage area. Motion by Seifert, second by Johnson to approve. Upon roll call vote, Johnson, Hosier, Preisendorf, Kehm, Seifert, and Sorensen voted aye. Solt abstained. Motion adopted. #95-322 - Approving Grant Application for Super Cell Development. Steve Paustian, Parks and Recreation Director, reported that in April, 1995, the City Council approved Resolution #95-093 which authorized negotiation for development of the Super Cell site and provided for an agreement with Hall County and Central Platte Natural Resources Development for funding of the development. Mr. Paustian added that on November 16, 1995, the City of Grand Island was notified that the Governor had signed the property transfer and the Super Cell property was now deeded to the City of Grand Island. Mr. Paustian reported that grant funds were available through the Nebraska Game and Parks Commission for funding from the Sport Fish Restoration Program for this type of development and requested permission for submittal of the grant application. Mr. Paustian added that if the grant were approved, the City would be responsible for a minimum of 25 % of matching funds for the development. Motion by Seifert, second by Solt, carried unanimously to approve. #95-323 - Approving Community Development Loan Agreement with Latent Image Productions Relative to Department of Economic Development Funds. Charlie Cuypers, City Attorney, stated that on July 24, 1995, the City Council adopted Resolution #95-215 which provided for the submittal of an application to the Nebraska Department of Economic Development for grant funding to assist in the development of viable communities by expanding economic opportunities. The grants are made to communities and are then loaned to qualifying Nebraska businesses which either create jobs or retain jobs for lower to moderate income Nebraskans. Mr. Cuypers reported that the Community Development Department had submitted a grant application in the amount of $61 ,500 to assist Latent Image Productions, Inc., a multi-media production company and that the funding was to be used for reimbursement of eligible working capital expenditures associated with the expansion of their sales and production facility. Mr. Cuypers added that the City's application for the Community Development Block Grant loan had been approved by the Department of Economic Development and that a Loan Agreement, in the amount of $60,000, had been prepared which provided for the loan and disbursement of loan funds. David Rosenkotter, 371 North Cleburn, spoke in support of the agreement. Discussion was held on repayment status of the loan to Nova Tech. Motion by Seifert, second by Preisendorf, carried unanimously to approve the Community Development Loan Agreement with Latent Image Productions. I I I Page 6, City Council Regular Meeting, November 27, 1995 #95-324 - Approving Consultant Contract for Self-Insured Employee Health Insurance Program. Dale Iman, City Administrator, reported that since August, 1988, the City of Grand Island had contracted with Blue Cross/Blue Shield of Nebraska for employee health insurance coverage but that due to economic conditions caused by a competitive market, health insurance coverage had been moving away from fully insured plans and toward other plans in an effort to reduce costs while maintaining benefits. Mr. Iman noted that the alternate plans, such as managed care and insured plans, provided optional funding choices which provided costs effectiveness while maintaining a desired level of service. The City Administrator noted that in an effort to comprehensively review the complexity and competitiveness of the health insurance market and the volatility of potential omissions, it was recommended that a consultant be engaged and that proposals for consulting services had been solicited. Mr. Iman reported that two proposals had been received and that a committee, comprised of the Finance Director, City Attorney, Assistant Finance Director, and Personnel Technician, had reviewed the proposals and recommended the engagement of the firm of Mammel & Associates of Omaha, Nebraska, for a total, not to exceed fee of $6,000, to provide consulting services. Motion by Solt, second by Kehm, carried unanimously to approve. J.J. Green, 3130 Brentwood Boulevard, spoke in support of managed care and involving local agencies. Roberta Kay Collins, 1003 West Louise Street, spoke on employee salaries. ORDINANCES: #8146 - Amending Chapter 8 of City Code Relative to Anti-Graffiti Regulations. This ordinance was pulled from the agenda. APPRO V AL OF CLAIMS: Motion by Seifert, second by Preisendorf, to approve the claims in the amount of $1,933,254.69 as presented by the City Clerk. Councilmember Preisendorf abstained from voting on Claim #036528. Councilmember Solt abstained from voting on all Account 520 claims. Upon roll call vote, Sorensen, Seifert, Kehm, Preisendorf, Hosier, and Solt voted aye. Johnson abstained. Mayor Gnadt voted to approve the payment of claims. Motion adopted. ADJOURNMENT: The meeting was adjourned at 8:15 p.m. Respectfully submitted, ~:~1~)~0 City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING December 4, 1995 Pursuant to due call and notice thereof, a Regular Meeting of the City of Grand Island was conducted in the Council Chambers of City Hall on December 4, 1995. Notice of the meeting was given in the Grand Island Independent on November 29, 1995. Council President Preisendorf called the meeting to order at 7:00 p.m. The following members were present: Council President Preisendorf, Councilmembers Johnson, Hosier, Kehm, Sorensen, Mehring, Murray and Lueth. Solt and Seifert were 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 George Wheat. APPROVAL OF MINUTES: Motion by Kehm, second by Mehring, carried unanimously, to approve the minutes of the November 27, 1995 City Council Regular Meeting. SUBMITTAL OF REQUESTS FOR FUTURE AGENDA ITEMS: No items were submitted for future agendas. RESERVE TIME TO SPEAK ON AGENDA ITEMS: Two individuals reserved time to speak on agenda items. GRAND ISLAND AREA SOLID WASTE AGENCY: Motion by Kehm, second by Lueth, carried unanimously to adjourn to the Grand Island Area Solid Waste Agency. #95-SW A-I - Approving Interlocal Agreement with City of Grand Island Relative to Change in Fiscal Year. Motion by Sorensen, second by Kehm, carried unanimously to approve an Interlocal Cooperation Act Agreement creating the Grand Island Area Solid Waste Agency between the City of Grand Island and Hall County, Nebraska was approved on August 10, 1992 and provided that a budget was to be prepared by the Mayor and City Council based on a fiscal year ending July 31 of each year. Wayne Bennett, Public Works Director, reported that Nebraska Revised Statute currently required first class cities to change its fiscal year to cover the period of October 1 through September 30 and that this amendment to the Interlocal Cooperation Act Agreement would convert to an October 1 renewal date effective October 1, 1995 in order to coincide with the City's fiscal year. I I I Page 2, City Council Regular Meeting, December 4, 1995 Motion by Kehm, second by Mehring, carried unanimously to return to Regular Session. PUBLIC HEARINGS: Public Hearing on Voluntary Acquisition of Property at 313-329 East Fifth Street and 414 North Oak Street through Community Development Program. Jeri Garroutte, Community Development Director, reported that the Community Development Department was seeking authorization to acquire an existing vacant residential property located at 313-329 East Fifth Street and 414 North Oak Street. Mrs. Garroutte noted that the property was owned by Esther Rank and had been offered to the City under the City's voluntary acquisition program at the appraised cost of $22,500. Mrs. Garroutte stated that once acquired, the structures on the property would be removed or demolished and the lots would be cleared and offered for sale. Craig Mierau, 322 East Fourth Street, spoke in support of the City's acquisition of the property. No further public testimony was heard. DISCUSSION AND INFORMATION ITEMS: Cindy Cartwright, City Clerk, reported that the Mayor was hosting an open house/Christmas Tree Lighting Ceremony on December 7, 1995 from 4:30 p.m. to 5:30 p.m. REQUESTS AND REFERRALS: Receipt of Official Documents. Motion by Murray, second by Lueth, carried unanimously to receive and place on file the minutes of the Civil Service Commission Meeting of November 13, 1995. Denial of Request of B G & S Transmissions for License Agreement for Parking on Public Right of Way. Wayne Bennett, Public Works Director, reported that Mr. William Raile, manager of E.L.W. Transmissions, Inc., dba B G & S Transmissions, 901 West Second Street, had submitted an application for a License Agreement to allow for encroachment onto a public right- of-way for parking of vehicles. Mr. Bennett noted that denial of the request was recommended, based on concerns relative to conflicts with the public's right to enjoy an open landscaped terrace area, potential traffic safety problems, and the setting of a precedence of converting the public's right-of-way to private use. Bill Raile, 4041 Reed Road, spoke in support of the request. Motion by Sorensen, second by Kehm to approve the request. Councilmember Johnson questioned the City's potential liability if the request was approved. Charlie Cuypers, City Attorney, noted that the action would not be unprecedented and that he was not aware of any issues with liability at the time. City Administrator Dale Iman spoke in opposition to use of the public property for private gain and noted that the request would result in deterioration of the property and would not be aesthetically pleasing. Roll call vote was taken on the motion to approve the request. Upon roll call vote, Lueth, Johnson, and Preisendorf voted nay. Sorensen, Murray, Mehring, Kehm, and Hosier, voted aye. Motion failed. Councilmember Sorensen requested that the request be brought back to the Council for reconsideration in two weeks. Councilmember Kehm moved to return the request to a future agenda. Sorensen seconded. After discussion involving the legal ability to return the item to the agenda, Council President I I Preisendorf ruled Page 3, City Council Regular Meeting, December 4, 1995 the motion out of order. Councilmember Kehm requested that the item be discussed at a Study Session. Approving Request of Grand Island Health Care. Inc.. 3119 West Faidley Avenue. for Paving Over Utility Easement. Wayne Bennett, Public Works Director, reported that Mr. Jack Vetter, President of Grand Island Health Care, Inc., 3119 West Faidley Avenue, had submitted an application for a License Agreement to allow concrete paving over an existing utility easement for the fire lane access. Motion by Sorensen, second by Murray, carried unanimously to approve. Approving Request of Capital Liquor. 3357 West Capital Avenue. for Special Designated Liquor Licenses. Cindy Cartwright, City Clerk, reported that Mr. Jerome Selle, owner of Capital Liquor located at 3357 West Capital Avenue, had made application for a Special Designated Liquor License to provide for wine, beer, and spirits tasting on December 21, 22, 23, 28, 29, and 30, 1995 from 1:00 p.m. to 10:00 p.m. each day. Motion by Kehm, second by Mehring, carried unanimously to approve. Approving Request of Grand Island Police Department for Consumption of Alcohol on Public Property for Training Purposes. Police Chief, Gene Watson, reported that the Police Department would be conducting a police staff training seminar entitledRAIDD (Recognizing Alcohol Impaired and Drugged Drivers) and that as part of the training process, volunteers will be required to consume alcohol over a period of time, and would be periodically tested by class participants for reaction responses. The Police Chief noted that State law (53-186) permits the consumption of alcohol in a public building, provided the alcohol was not open to the public or being sold. Mr. Watson requested permission to hold this training seminar in the Community Meeting Room of City Hall. Motion by Murray, second by Kehm to approve. Discussion was held on the City's potential liability. Chief Watson noted that the City would not incur any liability and that the testing was being done under controlled circumstances. Upon roll call vote, Lueth, Johnson, Hosier, Preisendorf, Kehm, Murray, and Mehring voted aye. Sorensen abstained. Motion adopted. Approving Appointment to Community Redevelopment Authority. Motion by Kehm, second by Johnson, carried unanimously to appoint John Schultz to the Community Redevelopment Authority Board to replace Jerry Huisman, whose one-year term expired. It was noted that Mr. Schultz's term of appointment would expire in December, 2000. Approving Appointment to Zoning Board of Adiustment. Motion by Kehm, second by Johnson, carried unanimously to appoint Ms. Beckie Bixby, 1829 Sherman Court, to the Zoning Board of Adjustment to replace Dean Burch, who has resigned. It was noted that this appointment would take effect upon approval by the City Council and expire on August 31, 1997. Approval is recommended. I RESOLUTIONS: I I I Page 4, City Council Regular Meeting, December 4, 1995 #95-325 - Awarding Bid for Polemount Transformer. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of two types of polemount transformers to serve the Utilities Department, Electric Line Division, and that five bids had been received. Ms. Griffiths noted that after evaluation, the lowest bid meeting specifications had been submitted by Wesco of Grand Island in the amount of $27,120. Motion by Lueth, second by Mehring, carried unanimously to award the low bid to Wesco. Motion adopted. #95-326 - Awarding Bid for #2 Fuel Oil. Beth Griffiths, Purchasing Agent, and Gary Mader, Utilities Director, reported that the Utilities Department received bids for the purchase of 48,000 gallons of #2 fuel to serve the Utilities Department, Platte Generating Station, and that three informal bids had been received, ranging from $.5835 per gallon to $.6135 per gallon. Ms. Griffiths noted that the low bid had been submitted by Poland Oil Company of Grand Island. It was noted that although the purchase of the fuel did not follow the City's Procurement Code requirements which provide that all purchases exceeding $10,000 be bid by the formal competitive sealed bidding process which included public notice 15 days prior to the opening of the sealed bids, State Statutes did allow an electric utility to make purchases not exceeding $40,000 without a formal bidding process. The Utilities Director noted that the purchase of the fuel had been necessary to facilitate the start up for the Platte Generating Station which had been operating for extended periods on ignition fuel as the programming and wiring of the new systems were checked, proven, and calibrated. Motion by Lueth, second by Mehring, carried unanimously to approve. Motion adopted. #95-327 - Approving Change Order for Control Equipment Installation Contract. Gary Mader, Utilities Director, reported that the Utilities Department had developed Change Order #1 for the controls installation contract for the Platte Generating Power Plant controls systems which had been awarded to The Industrial Company in July, 1995, in the amount of $876,225 and included installation and wiring of the new controls cabinets, field devices, and operator control consoles, as well as general construction for remodeling the control room area and replacing HV AC systems. Mr. Mader noted that during the course of the work for the controls installation, 46 changes, including conductor "bank" reconciliation, wiring changes, replacement of existing equipment found deteriorated, correction of vendor errors, etc., were determined to be required and stated that Change Order #1 would result in a net increase of $27,056.26, a 3.1 % of the contract amount. Motion by Kehm, second by Sorensen, carried unanimously to approve. #95-328 - Approving Service Contract for Redevelopment of Pine Street Station. Gary Mader, Utilities Director, reported that at the November 6, 1995 City Council Study Session, the Council reviewed options relative for the redevelopment plan for the Pine Street Power Plant and that three options, which included information on function, cost, and architectural qualities, had been presented by Kevin Pryor of Olsson and Associates and Richard Toren of Sinclair Hille & Associates. Mr. Mader noted that it appeared that Option 1, which included the retention of the existing boiler and turbine rooms, was the preferred redevelopment plan of the Council, and that authorization to proceed with redevelopment Option 1 as delineated in "A Redevelopment Study For the Pine Street Power Plant", and to enter into a service contract with Olsson and Associates I I I Page 5, City Council Regular Meeting, December 4, 1995 for continuation of the development of the plan, for a service fee not-to-exceed $105,000, was prepared accordingly. Motion by Murray, second by Lueth, carried unanimously to approve. Councilmember Johnson noted that the finishing of the second floor boiler room was not included. Mr. Mader stated that prices would be obtained and would be brought back to Council for expanded scope approval. #95-329 - Approving Contract for Funding for Retired Senior Volunteer Program. Dale Iman, City Administrator, reported that the City of Grand Island had provided funding to the Retired Senior Volunteer Program (RSVP) to be used to provide 30% local match for Federal funding, and that the City was authorized by State Statutes to provide for services which meet the needs of elderly persons. Mr. Iman noted that the 1995-1996 Annual Budget provided funding in the amount of $6,000 for the Retired Senior Volunteer Program, and stated that a contract formalizing this funding was requested. Motion by Kehm, second by Sorensen, carried unanimously to approve. Motion adopted. #95-330 - Adopting 1996 City Council Meeting: Schedule. Cindy Cartwright, City Clerk, reported that it was customary each December for the City Council to formally establish its regular meeting schedule for the following calendar year. Motion by Lueth, second by Sorensen, carried unanimously to approve. Motion adopted. #95-331 - Approving Voluntary Acquisition of Property at 313-329 East Fifth Street and 414 North Oak Street. Motion by Johnson, second by Mehring, carried unanimously to approve the request of the Community Development Department to acquire an existing vacant residential property located at 313-329 East Fifth Street and 414 North Oak Street under the City's voluntary acquisition program. Motion adopted. PAYMENT OF CLAIMS: Motion by Kehm, second by Johnson, carried unanimously to approve the claims in the amount of $1,896,235.30, as presented by the City Clerk. Councilmember Preisendorf abstained from voting on Claim #36751. ELECTION OF CITY COUNCIL PRESIDENT. Cindy Cartwright, City Clerk, reported that the City Council was required to elect one Councilmember to the office of Council President. Ms. Cartwright noted that the term was for a one year period 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. Motion by Hosier to nominate Councilmember Solt for Council President. Councilmember Lueth nominated Councilmember Preisendorf. The results of the secret ballot were four votes for Councilmember Preisendorf, and four votes for Councilmember Solt. The results of the second secret ballot showed six votes for Councilmember Preisendorf, and two votes for Councilmember Solt. Councilmember Preisendorf was declared to be the Council President. ADJOURNMENT: The meeting was adjourned at 8:07 p.m. I I I Page 6, City Council Regular Meeting, December 4, 1995 Respectfully submitted, ~!~ I-\t10'LllrJ[N--. Cindy K. Cartwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL SPECIAL MEETING December 11, 1995 Pursuant to due call and notice thereof, a Special Meeting of the City of Grand Island was conducted in the Community Meeting Room of City Hall on December 11, 1995. Notice of the meeting was given in the Grand Island Independent on December 6, 1995. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Preisendorf, Lueth, Johnson, Mehring, Murray, Sorensen, Solt, Seifert, and Hosier. Kehm was absent. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, and City Attorney Charlie Cuypers. ADJOURN TO EXECUTIVE SESSION: Motion by Mehring, second by Preisendorfto adjourn to Executive Session to discuss litigation strategy regarding the pending Commission on Industrial Relations, AFSCME Hearing. Motion adopted. Adjournment took place at 7:06 p.m. REPORT ON STATUS OF COMMISSION ON INDUSTRIAL RELATIONS. AFSCME LITIGATION. Attorney Bill Harding and John Goomis presented information on the status of the Commission on Industrial Relations, AFSCME hearing. RETURN TO REGULAR SESSION: Motion by Mehring, second by Solt, carried unanimously to return to Regular Session at 7:55 p.m. Respectfully submitted, (jpdh f\ tbz/~~"--- Cindy K.- &;twrigJil City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL STUDY SESSION December 11, 1995 Pursuant to due call and notice thereof, a Study Session of the City of Grand Island was conducted in the Community Meeting Room of City Hall on December 11, 1995. Notice of the meeting was given in the Grand Island Independent on December 6, 1995. Mayor Gnadt called the meeting to order at 7:55 p.m. The following members were present: Mayor Gnadt, Councilmembers Preisendorf, Lueth, Johnson, Mehring, Murray, Sorensen, Solt, Seifert, and Hosier. Kehm was absent. The following City Officials were present: City Administrator Dale Iman, City Clerk Cindy Cartwright, and City Attorney Charlie Cuypers. DISCUSSION ON ANTI-GRAFFITI ORDINANCE. Discussion was held on the proposed Anti- Graffiti Ordinance. Buzz Rumbaugh, 2316 West Oklahoma, spoke in opposition to holding property owners responsible for costs associated with painting over graffiti. Councilmember Mehring spoke in support of abandoning the ordinance and noted that the City could send a letter asking for cooperation from the property owner or recommending a volunteer organization to assist. Councilmember Seifert noted that the proposed ordinance was a recommendation of the Mayor's Task Force on Youth Violence and spoke in support of quickly removing the graffiti. City Administrator Dale Iman noted that liability was the key issue when utilizing volunteers and that private property could not be entered without an ordinance so authorizing. Councilmember Solt suggested that an ordinance be drafted which would affect absentee and negligent property owners only. City Attorney Charlie Cuypers noted that it would be difficult to draft an ordinance which differentiated responsibilities of absentee property owners versus in town property owners. Mr. Cuypers suggested that the Council had three options: 1) do nothing; 2) adopt an ordinance similar to what was proposed and that included punishment for offenders and compulsion to take care of problems that were not taken care of voluntarily; or 3) take care of graffiti utilizing volunteers and donations. Mr. Cuypers stated that the availability of volunteers could be reduced over a period of time and that unless the City wanted to commit funds to painting on an ongoing basis, it could be better to take no action. Glendale Reiss, 910 North Boggs, spoke in opposition to the ordinance. Mayor Gnadt stated that the City needed to demonstrate to the Mayor's Task Force that the City supported them but that the issue of getting on the property and the cost factor were important considerations. Mr. Cuypers suggested that the Juvenile Alternative Sentencing Program could be utilized. Councilmember Murray spoke in support of responding quickly to graffiti but against charging the cost to the property owner. Councilmember Lueth spoke in support of extending the amount of time to address the situation to 15 days. Lewis Kent, 624 East Meves, spoke in support of the Neighborhood Watch program. Councilmember Johnson voiced support for providing rewards to those who provide information to the Police on offenders. Police Chief Gene Watson stated that the ordinance would not need to be enforced but that it was important that it be adopted. I I I Page 2, City Council Study Session, December 11, 1995 Presentation on Crime Rate Statistics. Police Chief Gene Watson presented information on the 1993-1994 Crime Rates. The Police Chief noted that the crime rates related the incidence of crime to population and stated that the crime rate in Grand Island for 1994 was 73.1 and was expected to be the same for 1995. Mr. Watson noted the increase in auto thefts. Mr. Watson also reported on juvenile arrests for 1994 and noted that 490 arrests had been made in 1994 versus 387 in 1993 and that the increase was related to theft crimes. Councilmember Lueth questioned whether the crimes were committed by repeat offenders. Chief Watson noted that a large number of crimes are committed by a small number of people. Chief Watson reported that statewide the juvenile crime rate was up 7% and that the number of juveniles under age 10 was the higher ever which would affect crime rates in the future. Councilmember Murray questioned how many of the crimes were the result of gang activity. The Police Chief reported that there were no gang related crimes but that the crimes were individual activity or a group of one or two individuals. Councilmember Johnson questioned whether there was an increase in violate type activity. Chief Watson stated that the Police Department had been monitoring juvenile activity for 8-9 years and have found no credible evidence of cohesiveness for purposes of committing crimes. Chief Watson added that there were three common denominators in the youth committing crimes: 1) drug and alcohol use prevalent; 2) violent domestic home life; and 3) poor communication skills which lead to scholastic failure. Chief Watson further stated that the City was doing much to help strengthen the family which would help reduce crime. Amending City Code Relative to Sale of Alcohol. Jerome Selle, Capital Liquor, 2640 0' Flannagan, requested that the City Council amend the City Code to allow for the off sale of alcoholic beverages on Sunday, December 24, 1995 and Sunday, December 31, 1995. It was noted that the City did not currently permit the off sale of alcohol, except beer and wine, on Sundays. City Attorney Charlie Cuypers reported that inasmuch as the amended ordinance would not become effective until 15 days after publication, it would be too late to have an effect on this year's sales unless the emergency clause were invoked. After discussion on the nature of the emergency clause, it was the consensus of the Council to not proceed with amending the City Code. Adiournment: The meeting was adjourned at 9:26 p.m. Respectfully submitted, ~;: f\ fJA It V\{hJ- Cindy K. Cartwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING December 18, 1995 Pursuant to due call and notice thereof, a Regular Meeting of the City of Grand Island was conducted in the Council Chambers of City Hall on December 18, 1995. Notice of the meeting was given in the Grand Island Independent on December 13, 1995. .~~.. , .' Mayor Ken Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Preisendorf, Hosier, Johnson, Lueth, Mehring, Murray, Sorensen, and Seifert. Kehm and Solt were absent. The following City Officials were present: City Administrator Dale Iman, Deputy City Clerk Kelly DiMartino, City Attorney Charlie Cuypers, Finance Director Chuck Haase, and Public Works Director Wayne Bennett. PLEDGE OF ALLEGIANCE was said, followed by INVOCATION given by Reverend Dennis Hahle. APPROVAL OF MINUTES: Motion by Johnson, second by Preisendorf, carried unanimously, to approve the minutes of the December 4, 1995 City Council Regular Meeting, the Minutes of the December 11, 1995 City Council Special Meeting, and the Minutes of the December 11, 1995 City Council Study Session. SUBMITTAL OF REOUESTS FOR FUTURE AGENDA ITEMS: M.D. Bahensky, 4152 Branding Iron Court, submitted a request to discuss removing Agenda Item B, "Submittal of Requests for Future Agenda Items" from the weekly agenda. RESERVE TIME TO SPEAK ON AGENDA ITEMS: Two individuals reserved time to speak on agenda items. PRESENTATIONS AND PROCLAMATIONS: Mayor Ken Gnadt recognized Earl Jamison of Country General and Bill Vannis and Doyle Hulme of New Holland for their efforts at preserving attractive, well maintained properties. Certificates will be awarded to representatives of these two companies. Andy Baird, President of the Grand Island Area Economic Development Corporation, reported that the Platte Valley Enterprise Zone had received official designation from Governor E. Benjamin Nelson, and that the designation would allow the Enterprise Zone to manage, market, coordinate, and mediate enterprise zone activities in areas of distress exhibiting high levels of unemployment, poverty, and property loss. GRAND ISLAND AREA SOLID WASTE AGENCY: Motion by Preisendorf, second by Johnson, carried unanimously to adjourn to the Grand Island Area Solid Waste Agency. I I I Page 2, City Council Regular Meeting, December 18, 1995 #95-SW A-02 - Approving Service Agreement with the Village of Dannebrog. Motion by Johnson, second by Seifert, carried unanimously to approve a Service Agreement between the Village of Dannebrog and the Grand Island Area Solid Waste Agency, which provides that Dannebrog will pay 11h times the in-county rate. Public Works Director Wayne Bennett reported that the landfill serves over 70,000 people. Motion by Murray, second by Preisendorf, carried unanimously to return to Regular Session. PUBLIC HEARINGS: Public Hearing on Change of Land Use Designation for Property Located on West State Street. Nelson Helm, Regional Planning Director, reported that Mr. Milan Bish, President of Tree Houses, Inc., c/o 304 West Third Street, had submitted a reque~~ to rezone the property located on West State Street of Cherry Tree Subdivision from a "B2"::'(General Business) Zone to an "RD" (Residential Development) Zone, to allow for a residential development to be located on a large parcel of land under a single ownership. Mr. Milan Bish, Wood River, spoke on behalf of the project. Councilmember Sorensen questioned if the project would have a live-in manager, and Mr. Bish indicated a live-in manager would be present. Public Hearing on Change of Land Use Designation for Property Located at 1103 North Saint PauLRo3sL. Mayor Gnadt reported that this public hearing had been postponed as a result of health problems with the applicant. Public Hearing on Community Redevelopment Authority Redevelopment Pian. Dianne Kelley, Downtown Development Director, presented information on results of the Blight/Substandard Study prepared by Hanna:Keelan of Lincoln, Nebraska, which declared specific areas identified in the study to be blighted and substandard in accordance with the Community Development law. Ms. Kelley noted that in conjunction with the Study, a Redevelopment Plan for redevelopment of the area had been completed and stated that the Regional Planning Commission, at their December 6, 1995 meeting, unanimously recommended approval of the Redevelopment Plan and noted that it closely followed the existing Comprehensive Land Use and Transportation Plan for the City of Grand Island. No further public testimony was heard. DISCUSSION AND INFORMATION ITEMS: Finance Director Chuck Haase introduced Mr. Dave Faimon, 2805 Stagecoach Circle, of McDermott and Miller, who presented a report on the Fiscal Year 1995 Audit. Mr. Faimon noted that his firm found no material instances of noncompliance and no material weaknesses in their audit of the City. Council member Seifert and City Administrator Dale Iman commended the Finance Department for their efforts. REQUESTS AND REFERRALS: Receipt of Official Documents. Motion by Sorensen, second by Seifert, carried unanimously to receive and place on file the Minutes of the Library Board Meeting of November 6, 1995 and the Minutes of the Regional Planning Commission Meeting of December 6, 1995. - Approval of Council Liaison Appointments to Boards and Commissions. Louise Miller, 1104 West Charles, requested the names of all suggested appointees be read. Deputy City Clerk DiMartino reported that Mayor Gnadt had recommended the following individuals: Building Code Advisory Board - Don Mehring; City-County Joint Communications/Civil Defense I I I Page 3, City Council Regular Meeting, December 18, 1995 Committee - Bob Sorensen, Todd Kehm, and Larry Seifert; Community Development Advisory Board - Larry Seifert and Bob Sorensen; Downtown Improvement Board - George Solt and Marilyn Lueth; Economic Development Corporation - Dick Preisendorf; Health Department Board - Marilyn Lueth and Glen Murray; Legislative Committee - Glen Murray; Regional Planning Commission - Don Mehring and Dick Preisendorf; Steering Committee, South Locust/I-80 Interchange - Marilyn Lueth; Transportation Committee - Todd Kehm; and Warm Slough-Moores Creek and Wood River Flood Control Committee - David Hosier and Steve Johnson. Glendale Reiss, 910 North Boggs, spoke about.the South Locust/I-80 Interchange Committee. Motion by Sorensen, second by Preisendorf, carried unanimously to approve the appointments . RESOLUTIONS: #95-332 - Approving Amendment to Contract Relative to Retirement Plan for Police. Chuck Haase, Finance Director, reported that this amendment would permit lump sum distributions for Police officers upon retirement or termination. Mr. Haase noted that state law required this option be in place by January 1, 1997. Motion by Preisendorf, second by Lueth, carried unanimously to approve. #95-333 - Approving Final Plat for Lincoln Heights Subdivision. Nelson Helm, Regional Planning Director, reported that Mr. and Mrs. Kenneth Kotinek, 1321 North Saint Paul Road, owners, had submitted the final plat and subdivision agreement for Lincoln Heights Subdivision, approximately ten acres, located north of 12th Street and east of Evans Street and that this subdivision consisted of a one lot subdivision and was submitted as an addition to the City of Grand Island. It was noted that incorporation of the property into the City would allow it to be considered by the Community Redevelopment Authority for potential tax increment financing for the apartment project proposed for the property. Mr. Helm reported that the Regional Planning Commission, at their meeting of December 6, 1995, unanimously recommended approval of the final plat. Motion by Mehring, second by Sorensen, carried unanimously to approve. #95-334 - Approving Community Redevelopment Authority Redevelopment Plan. Louise Miller, 1104 West Charles, spoke regarding the issue. Motion by Seifert, second by Lueth, carried unanimously to approve. #95-335 - Approving Amendment to Blight/Substandard Designation. Dale Iman, City Administrator, reported that since approval of the Blight and Substandard Study, the Lincoln Heights Subdivision was approved by the Regional Planning Commission as an addition to the City. Mr. Iman noted that as this property was now within the boundaries of the City, it was eligible for inclusion in the Blight/Substandard Study. Councilmember Johnson noted his pleasure in seeing development on the east side of Grand Island. Motion by Johnson, second by Sorensen, carried unanimously to approve. #95-336 - Approvin~ Change Order #1 for Water Main Proiect 95-W-6. Pine Street. Gary Mader, Utilities Director reported that the Utilities Department had developed Change Order #1 for Water Main Project 95-W-6 which had been awarded to Diamond Engineering Company of Grand Island on May 22, 1995 and provided for the placement of a six inch water line in Pine Street, from Koenig Street to Ashton Street. Mr. Mader noted that during the project, need arose for additional excavation and backfill, pavement cuts and restorations, piping and fittings, I I I Page 4, City Council Regular Meeting, December 18, 1995 and sidewalk and gutter replacement, and that additionally, a fire hydrant was added at Ashton and Pine Streets. Mr. Mader noted that the Change Order would result in a net increase of $13,546.17 to the contract amount of $119,430.26. Motion by Murray, second by Seifert, carried unanimously to approve. #95-337 - Awarding Bid for Cemetery Shop/Office Addition Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the cemetery shop/office addition to serve the Parks and Recreation Department, Cemetery Oivision. Ms. Griffiths noted that two bids were received, $36,679 and $54,000, with the low bid of $36,679 being submitted by Nolan Construction of Grand Island. Ms. Griffiths stated that the engineer's estimate was $40,000, and sufficient funds were available in the General Fund/Building Improvements Account for this purpose. Motion by Preisendorf, second by Lueth, carried unanimously to award the low bid to Nolan Construction. ., ... #95-338 - Awarding Bid for Purchase of Miscellaneous Electric Items. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of miscellaneous electric items to serve the Utilities Department, Electric Line and Underground Division. Ms. Griffiths noted that bids were submitted by six vendors offering pricing for 28 line items of miscellaneous electrical items; however, 16 of the line items could be awarded without City Council action, as the total award to each individual bidder was less than $10,000. Ms. Griffiths stated that bids were submitted for the remaining 12 line items by Kriz Davis of Grand Island, Electric Fixture of Lexington, Nebraska, Crescent Electric of Grand Island, Dutton Lainson of Hastings, Nebraska, Wesco Company of Grand Island, and Husker Electric of Lincoln, Nebraska, with the low bid being submitted by Kriz Davis of Grand Island In the amount of $20,284.40, plus tax. It was noted that this total, along with the other line item awards, was less than the engineer's estimate of $37,677, and that sufficient funds were available in the Enterprise Fund 520 for this purchase. Motion by Preisendorf, second by Lueth, carried unanimously to award the bid to Kriz Davis. #95-399 - Awarding Bid for Purchase of Disc Type Chipper. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of a disc type chipper to serve the Utilities Department, Electric Line Division. Ms. Griffiths stated that four bids had been received, ranging from $12,500 to $14,500, with the low bid being submitted by Vermeer of Lincoln, Nebraska. Motion by Preisendorf, second by Lueth, carried unanimously to award the bid to Vermeer. #95-340 - Awardin~ Bid for Purchase of Four Reel Skid. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of a four reel skid to serve the Utilities Department, Electric Line Division. Ms. Griffiths noted that three bids had been received, ranging from $10,616 to $11,950, with the low bid of $10,616 being submitted by Sauber Manufacturing Company of Virgil, Illinois. Motion by Preisendorf, second by Lueth, carried unanimously to award the low bid to Sauber Manufacturing Company. #95-341 - Approving Change Order #1 for Continuous Emission Monitoring Software"Programs. Gary Mader, Utilities Director, reported that the Utilities Department, in conjunction with Black & Veatch, the City's consultant for the Platte Generating Station Continuous Emissions Monitoring (CEM) Data Acquisition and Handling Systems Project, had developed Change Order #1. Mr. Mader noted that the contract had been awarded to Enviroplan in July, 1993, in the amount of $414,065, and in May, 1995, the EPA had issued revised regulations requiring I I I Page 5, City Council Regular Meeting, December 18, 1995 upgrade of the controlling programming for the CEM's. Mr. Mader explained that Enviroplan quoted a price of $32,000 for the necessary upgrade, good only until October 13, 1995, but at this time, Enviroplan's original systems were not performing and their bonding company had been notified. Mr. Mader stated that those problems were ultimately solved and an order placed for the upgrade at the next available Council meeting, whereby the Council approved the software upgrade on the November 13, 1995 meeting. Mr. Mader reported that Enviroplan had responded that they could not hold their price and that the late order would result in a price increase of $16,000, for a total cost of $48,OQO, and that after negotiation, Enviroplan lowered the price to $44,000. Mr. Mader indicated that Change Order #1 provided for the necessary software upgrade at Platte Generating Station and Burdick Unit #3 and would result in a net increase of $48,000 to the contract amount. Discussion was held regarding the liability of Enviroplan and the bonding company. Mr. Mader noted that because the problems were solved, the bonding company was not called upon. Motion by Johnson.. second by Mehring, carried unanimously to approve. ' #95-342 - Approving Contract with Grand Island Area Economic Development COIlJoration for Funding. Chuck Haase, Finance Director, reported that the 1995-1996 Annual Budget provided funding in the amount of $52,500 to the Grand Island Area Economic Development Corporation and that a contract was required to formalize this funding. Motion by Lueth, second by Sorensen to approve. Councilmember Sorensen pointed out that $15,000 was to be used specifically for development of the Cornhusker Army Ammunition Plant. Upon roll call vote, a~l voted aye. :rvlcitlon adopted. #95-343 - Approving Change Order #1 to Fire Station Proiect. Jim Rowell, Fire Chief, rep~i:ted that the Fire Department had developed Change Order #1 for the architectural services for Fire Station #4. Chief Rowell noted that after the contract had been awarded to Baker Development Company on September 25, 1995, it was determined that the drive and some of the parking area needed to be raised and a draft stop had to be added in the attic to meet City Code. Chief Rowell stated that the Change Order would result in a net increase of $1,755 to the original contract amount of $284,264 and that funds were available in the Capital Project Account. Discussion was held regarding the necessity of the changes. Motion by Seifert, second by Hosier to approve. Councilmember Preisendorf indicated that he would be abstaining as he had a plumbing contract on the project. Councilmember Mehring stated that he felt the architect should have recognized the need for the draft stop, and therefore the architect should pay for this addition. Chief Rowell noted that the added cost was not a result of negligence by the architect, and had the need for a draft stop been recognized at an earlier date, the original contract amount would have been increased by $375. Councilmember Mehring moved to amend the motion to ask the architect to pay for the $375. Councilmembers Seifert and Hosier accepted this as a friendly amendment. Upon roll call vote, Lueth, Hosier, Mehring, Seifert, Murray, and Sorensen voted aye. Johnson and Preisendorf abstained. Motion adopted. #95-344 - Approving: Change Order #7 to Waste Water Treatment Plant Proiect. Wayne Bennett, Public Works Director, reported that the Public Works Department had developed Change Order #7 for the Wastewater Treatment Plant Expansion Project for the contract which had been awarded to Natkin & Company on March 7, 1994, in the amount of $14,752.421. Mr. Bennett stated that Change Order #7 provided for ten changes and clarifications to the specifications, and that the net costs of the Change Order were $10,537. Mr. Bennett noted that a Change Allowance was provided for in the contract in the amount of approximately 3 % of the bid price, and that the increased cost would be taken from the Change Allowance so that there I I I Page 6, City Council Regular Meeting, December 18, 1995 was no increase in the contract amount as a result of this Change Order. Motion by Johnson, second by Preisendorf, carried unanimously to approve. ORDINANCES: Councilmember Mehring requested that Ordinance #8146 be voted on separately. Councilmember Sorensen moved that the statutory rules requiring that ordinances be read by title on three different days be suspended and that ordinances numbered: #8146 - Approving Anti-Graffiti Ordinance be considered for passage on the same day upon reading by nu.rl!ber only, and then placed on final passage, and that the City Clerk be permitted to call out the'humber of the Ordinances on their first and final reading and then upon fmal passage, and call for a roll call vote on each reading and final passage. Second by Seifert. After inviting questions or comments and there being none, Mayor Gnadt called for a roll call vote on the motion. Upon roll call, all voted aye. Councilmember Murray moved to amend Ordinance #8146 to change the tLme from 15 days to 10 days. Councilmember Seifert seconded the amendment. Councilmember Mehring spoke in opposition to the Ordinance. Councilmembers Preisendorf and Murray spoke in support of the ordinance. Upon roll call vote, Lueth, Johnson, Hosier, Preisendorf, Seifert, Murray, 'and Sorensen voted aye. Mehring voted nay. Motion adopted. Clerk: Ordinance #8146, as amended, on its first reading. All those in favor of the passage of said ordinance, answer roll call. Upon roll call vote, Lueth, Johnson, Hosier, Preisendorf, Seifert, Murray, and Sorensen voted aye. Mehring voted nay. Motion adopted. Clerk: Ordinance #8146, as amended, on its fmal passage. All those in favor of the passage of said ordinance on final passage, answer roll call. Upon roll call vote, Lueth, Johnson, Preisendorf, Seifert, Murray, and Sorensen voted aye. Mehring voted nay. Motion adopted. Mayor: By reason of the roll call votes on the first and final passage of said ordinance, Ordinance #8146 is declared to be lawfully passed and adopted upon publication as required by law. Councilmember Sorensen moved that the statutory rules requiring that ordinances be read by title on three different days be suspended and that ordinances numbered: #8147 - Approving Salary Ordinance Relative to Production Engineer Position #8148 - Approving Policy for Procurement of Power Plant Fuels #8149 - Approving Vacation of Easement at Steward place Second subdivision #8150 - Approving Change of Land Use Designation for Property Located at West State Street be considered for passage on the same day upon reading by number only, and then placed on final passage, and that the City clerk be permitted to call out the number of the ordinances on I I I Page 7, City Council Regular Meeting, December 18, 1995 their first and final reading and then upon final passage, and call for a roll call vote on each reading and final passage. Second by Seifert. After inviting questions or comments and there being none, Mayor Gnadt called for a roll call vote on the motion. Upon roll call, call voted aye. Clerk: Ordinances #8147, #8148, #8149, and #8150 on their first reading. All those in favor of the passage of the ordinances, answer rollcall. Upon roll call, all voted aye. Motion adopted. Clerk: Ordinances #8147, #8148, #8149, and #8150 ontheir fmal passage. All those in favor of the passage of the ordinances on fmal passage, answer roll call. Upon roll call vote, all voted aye. Motion adopted. . . ."... ..... Mayor: By reason of the roll call votes on the first and fmal passage of said ordinances, Ordinances #8147, #8148, 08149, and 08150 are declared to be lawfully passed and adopted upon publication as required by law. PAYMENT OF CLAIM:S: Motion by Lueth, second by Johnson, carried unanimously to approve the claims in the amount of $2,470,287.03. Councilmember Preisendorf abstained from voting on Claims 0037341 and #037464. Councilmember Hosier abstained from Claim #037367. Councilmember Mehring abstained from Claim 0037526. " ADJOURNMENT: The meeting was adjourned at 8:36 p.m. Respectfully submitted, ~JQjt b ff\~~ Kelly DiMartino Deputy City Clerk