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1994 Minutes I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING January 10, 1994 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, 100 East First Street. Notice of the meeting was given in the Grand Island Independent on January 5, 1994. Mayor Dobesh called the meeting to order at 7:00 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt. The following City Officials were present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith Sinor and Public Works Director Wayne Bennett. PLEDGE OF ALLEGIANCE was said followed by INVOCATION given by Pastor Kay Moyer. I APPROV AL OF MINUTES. Motion by Sorensen, second by Shafer, carried unanimously to approve the minutes of the City Council Study Session of December 20, 1993, and the City Council Regular Meeting of December 20, 1993. PUBLIC PARTICIPATION. Jack Roark, 556 East 18th Street, Tom Graham, Steve Jurgens, 563 East 18th Street, and Paul Hamilton, 305 Cherokee, questioned the Burlington Northern elevated rail project. Public Works Director Wayne Bennett responded by reading a letter received by the City from Burlington Northern. Councilmembers Shafer and Seifert spoke in support of requesting a modification from Burlington Northern relative to an overpass at 18th Street. Councilmember Johnson moved that an emergency be declared and that a resolution relative to the Burlington Northern Elevated Rail be added to the agenda. Upon a second by Solt, the motion carried unanimously. Gene McCormick, 707 South Pleasantview, questioned when the financial audit would be due. John Wagoner, 1710 South Harrison, and Gerald Collins, 2104 West 18th, spoke on the City's procurement code. Janet Twomey, 508 South Shady Bend Road, spoke in regards to the request of Mr. Tim Kolar for a sand and gravel pit. REOUESTS AND REFERRALS. I Receipt of Official Documents. Motion by Murray, second by Kehm, carried unanimously to receive and place on file the minutes of the November 30, 1993 Civil Service Commission Meeting, December 7, 1993 Cable Television Advisory Board Meeting, and the December 28, 1993 Fire Station Committee Meeting. I I I Page 2, City Council Regular Meeting, January 10, 1994 Appointment to Downtown Improvement Board. Motion by Murray, second by Kehm, carried unanimously to appoint Mr. Denzel Busick to the Downtown Improvement Board. Community Development Rehabilitation Projects and Activities. Motion by Murray, second by Kehm, carried unanimously to approve Community Development Rehabilitation Projects involving property at 712 North Wheeler, 124 South Kimball, 521 East 10th Street, and 716 North Oak Street. Schedule of Corrective Measures for Oak Ridge Estates Mobile Home Park. Motion by Solt, second by Seifert, carried unaniinously to approve the Schedule of Corrective Measures for Oak Ridge Estates Mobile Home Park as prepared by the Building Inspections Department and reviewed by Mr. Bob Connelly, owner. RESOLUTIONS. #94-001 - Final Plat and Subdivision Agreement for Eppert Subdivision. Nelson Helm, Regional Planning Director, reported that Mr. and Mrs. Troy Eppert had submitted the final plat for Eppert Subdivision, as. 0 acre tract of land located on the west side of Gunbarrel Road, approximately 1/4 mile north of Stolley Park Road. Motion by Solt, second by Seifert, carried unanimously to approve. #94-002 - Final Plat and Subdivision Agreement for Jeffrey Oaks Third Subdivision. Nelson Helm, Regional Planning Director, reported that Mr. and Mrs. James Reed, on behalf of Jeffrey Oaks, Inc., had submitted the final plat for Jeffrey Oaks Subdivision, a 12.197 acre tract of land located on the west side of North Road approximately 1/4 mile south of Capital Avenue. Motion by Solt, second by Seifert, carried unanimously to approve. #94-003 - Final Plat and Subdivision Agreement for Meidcal Park Sixth Subdivision. Nelson Helm, Regional Planning Director, reported that the Grand Island Regency Retirement and St. Francis Medical Center had submitted the final plat for Medical Park Sixth Subdivision, a 5.249 acre tract of and located on the east side of Alpha Street approximately 500 feet north of Faidley Avenue. Motion by Solt, second by Seifert, carried unanimously to approve. #94-005 - Final Plat and Subdivision Agreement for Richards-Kolar Subdivision. Nelson Helm, Regional Planning Director, reported that Mr. and Mrs. Lyle Richards had submitted the final plat for Richards-Kolar Subdivision, a 3.518 tract of land located on the south side of Second Street, approximately 1/4 mile east of Webb Road. Motion by Solt, second by Seifert, carried unanimously to approve. #94-006 - Redevelopment Approach for Old City Hall Building. Dianne Kelley, Downtown Development Director, reported that the Downtown Improvement Board had indicated an interest in advancing the future improvement and redevelopment of the old City Hall building as an important landmark and identifying characteristic of the downtown community. Motion by Sorensen, second by Seifert to refer this subject to a Study Session. Councilmember Solt, I I I Page 3, City Council Regular Meeting, January 10, 1994 Preisendorf, and Shafer, spoke in support of approval of the Resolution. Councilmember Seifert withdrew his second to the motion to table the subject to a Study Session. Motion died for lack of a second. Motion by Solt, second by Shafer, approved unanimously to approve Resolution #94-006 - Approving Redevelopment Approach for old City Hall building. #94-007 - Resurfacing of West Highway 30 by Nebraska Department of Roads. Wayne Bennett, Public Works Director, reported that an agreement had been prepared by the Public Works Department and the Nebraska Department of Roads for the resurfacing of West Highway 30 from Wood River to the intersection of Old and New Highway 30, just west of North Road. Motion by Kehm, second by Hosier, to approve. Upon roll call vote, Preisendorf, Wit, Murray, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt voted aye. Johnson was absent at the time the vote was taken. Motion carried. #94-008 - Awarding Bid for Fuel Nozzle Tips. The Utilities Department reported that bids had been received for the purchase of replaceable fuel nozzle tips for the Platte Generating Station Boiler, and that two bids in the amounts of $12,208 and $12,752 were received. Motion by Preisendorf, second by Murray, carried unanimously to award the low bid to ABB Combustion Engineering of Overland Park, Kansas, in the amount of $12,752. #94-009 - A warding Bid for Construction Engineering Services for Wastewater Treatment Plant Expansion Project. Wayne Bennett, Public Works Director, reported that engineering services during the construction of the Wastewater Treatment Plant Expansion Project area required to ensure proper construction and start up of the facility. Motion by Johnson, second by Wit, carried unanimously to amend the Agreement for Professional Services with CH2M Hill to provide for these construction engineering services. #94-01 0 - Approving Personnel Allocation Amendment to FY 1993-1994 Annual Budget. Motion by Seifert, second by Solt, carried unanimously, to amend the Fiscal Year 1993-1994 Annual Budget and Program of Municipal Services to revise the Personnel Allocation contained for the Platte Generating Station Department to add one Administrative Secretary and a Systems Technician. #94-011 - Governmental Educational Television Policies. City Administrator Zachary Zoul reported that the Communications/Civil Defense Department had prepared a set of policies relative to the new Governmental Educational Television function in order to formally establish and authorize guidelines governing programming on the City's Governmental-Educational channels. Motion by Seifert, second by Shafer, carried unanimously to approve. #94-012 - Contract with Monfort. Inc.. relative to Wastewater Treatment. This item was pulled from the agenda. Councilmember Solt left the meeting at 9:05 p.m. #94-013 - Citizen Survey on Fire Services. City Clerk Cindy Cartwright reported that the I I I Page 4, City Council Regular Meeting, January 10, 1994 Public Information Office, as well as the Fire Services Study Committee, had forwarded revised versions of the fire services survey. Gerald Collins, 2104 West First Street, Jackie Pielstick, 722 East 7th Street, Gene McCormick, 707 South Pleasantview, Jerry Pielstick, 722 East 7th Street, commented on the surveys. Motion by Wit, second by Sorensen, to delay issuance of a survey until after town hall meetings were held. Councilmember Johnson requested that an aggressive public informational program be undertaken involving the Fire Department and the Public Information Office, and utilizing the Town Hall Meetings, and offered that as a friendly amendment to the motion by Wit. Wit accepted the friendly amendment. Preisendorf called for the vote. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, and Shafer voted aye. Solt was absent at the time the vote was taken. #94-014 - City Hall Proiect Change Order. Beth Griffiths, Purchasing Agent, reported that Change Order #13, in the amount of $23,689, included pending items which had been resolved, and explained that this would be the final change order. Ms. Griffiths stressed that all costs were covered within the budget amounts. Mayor Dobesh questioned the HV AC line item and asked who was responsible for the bill. Administrative Services Director Dave Bell replied that discussion had not centered on responsibility as much as resolution of the problem. Glendale Reiss, 910 North Boggs, spoke against the change order. Motion by Murray, second by Wit, to approve. Upon roll call vote, Wit, Murray, Johnson, Hosier, Kehm, and Shafer voted aye. Preisendorf abstained. Solt was absent at the time the vote was taken. Seifert and Sorensen voted nay. Motion carried. #94-015 - Authorized Representative for Disaster Relief Emergency Funds. Motion by Murray, second by Shafer, carried unanimously to approve the appointment of Finance Director Chuck Haase as the Authorized Representative for Disaster Relief Emergency Funds. #94-016 - Support of Amendment to Elevated Rail Proiect. Motion by Sorensen, second by Solt, carried unanimously to approve Resolution #94-016, added as an Emergency Item, which provided for the support of the City Council for construction of a low clearance public underpass at 18th Street and Burlington Northern Railroad in lieu of the pedestrian! emergency vehicle underpass at 18th Street, and Burlington Northern Railroad, and the public underpass presently planned for Seventh Street, and Burlington Northern Railroad. CLAIMS. Motion by Shafer, second by Murray, carried unanimously to approve the claims in the amount of $1 , 180,491.84 as presented by the City Clerk. Councilmember Johnson abstained on Claim #015634; Councilmember Preisendorf abstained on 015648; and Councilmember Kehm abstained on Claims #015334, and 015638. ADJOURNMENT. The meeting was adjourned at 9:59 p.m. R;espect~lly siub;nit~rd, ,- ._' 1_. tLil(J!i.i c~. / ilchtzJAr( S A,-fl Cmdy K. \tartwrtglrt City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL STUDY SESSION' January 17, 1994 Pursuant to due call and notice thereof, a Study Session of the City of Grand Island was conducted in the Council Chambers of City Hall, 100 East First Street. Notice of the meeting was given in the Grand Island Independent on January 12, 1994. Mayor Dobesh called the meeting to order at 7:00 p.m. The following members were present: Mayor Dobesh, Councilmembers Wit, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt. Preisendorf was absent. The following City Officials were present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith Sinor, and Public Works Director Wayne Bennett. PRESENTATION ON FY 1993 AUDIT. Chuck Haase, Finance Director, Sheila Christensen, KPMG Peat Marwick, and Dave Faimon of McDermott and Miller, presented information on the FY 1993 Audit. Mr. Faimon noted that the City was in good financial shape as were the City's records. FUTURE DEVELOPMENT AND USE OF L.E. RAY PARK. Parks and Recreation Director Steve Paustian presented information on the potential development of L.E. Ray Lake into a camping area with deletion of supervised swimming. Councilmembers Shafer, and Sorensen spoke in support of the proposal. Councilmember Solt and Seifert voiced concern with increase in care of the facilities. PROPOSED TEEN CENTER. Tracy Overstreet, President of the Grand Island Jaycees, presented information on the proposed Teen Center. Discussion was held on the funding sources for the project. Irene Abernethy, 707 South Blaine, and Wilma Keown, spoke in support of the project. BIKE PATH ON STATE STREET. Councilmember Seifert explained that citizens had requested that the feasibility of constructing a bike path on State Street be reviewed. Steve Paustian, Parks and Recreation Director, noted that it would be possible to mark the street as a bike path, or to apply for ISTEA funds to assist in the funding for the project. Fritz Anderson, 2127 Viking Road, and Bob Hays, 4311 Lariat Lane, and John Brownell, 2203 W oodridge Court, spoke in support of the project. Councilmember Hosier questioned what options were available for surface material. Mr. Paustian explained that concrete would be the sturdiest and most durable. LOCAL GOVERNMENT MISCELLANEOUS POLICY. Councilmember Murray voiced support for reduction of the amount allowed for retirement gifts for those employees retiring I I I Page 2, City Council Regular Meeting, January 17, 1994 with more than 20 years of service. This item was referred to the January 24, 1994 Council Meeting for action. PROPERTY MAINTENANCE RECOMMENDATIONS. Building Inspections Director Craig Lewis presented information on the proposed property maintenance recommendations. Mr. Lewis noted that grandfather provisions would be allowed. Jean Seely, 4230 Arizona Avenue, noted that the recommendation relative to the number of vehicles allowed per property was not included. HANDICAP PARKING ENFORCEMENT. Discussion was held on the request of Councilmember Murray to review the handicapped parking enforcement policies. Mr. Murray noted that State Statutes allow for designated persons other than law enforcement officers to exercise the authority to issue citations for infractions of handicapped parking ordinances. Ted Hansen, 1020 East Phoenix Avenue, and Jean Seely, 4230 Arizona Avenue, spoke on the issue. Councilmember Kehm noted that one city was dealing with the problem by taking photographs of the license plate of the vehicle parked illegally and using that for convictions, which were published in the newspaper. Councilmember Seifert and Solt noted that the policy was not being enforced as rigorously as would be liked. Councilmember Hosier spoke in support of using photographs, and publication of convictions as a means to deter offenders. Councilmember Johnson requested that the Police Chief and the Legal Department work together on review of the policy. ADJOURNMENT. The meeting was adjourned at 9:05 p.m. Respectfully submitted, , tU\G,l.\ ~~"I ~V~)kt Cindy K. '~artwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING January 24, 1994 Pursuant to due call and notice thereof, a Regular Meeting of the City of Grand Island was conducted int he Council Chambers of City Hall, 100 East First Street on January 24, 1994. Notice of the meeting as given in the Grand Island Independent on January 19, 1994. Mayor Dobesh called the meeting to order at 7:00 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt. The following City Officials were present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith Sinor, and Public Works Director Wayne Bennett. PLEDGE OF ALLEGIANCE was said followed by INVOCATION given by Pastor John Russell. APPROVAL OF MINUTES. Motion by Sorensen, second by Kehm, carried unanimously to approve the minutes of the City Council Regular Meeting of January 10, 1994, and the City Council Study Session of January 17, 1994. ADJOURN TO BOARD OF EOUALIZATION. Motion by Sorensen, second by Shafer, carried unanimously to adjourn to the Board of Equalization. #94-BE-001 - Water Main District #411T. Motion by Johnson, second by Wit, carried unanimously to approve the benefits and assessments for Water Main District #411T. RETURN TO REGULAR SESSION. Motion by Preisendorf, second by Murray, carried unanimously to return to Regular Session. PUBLIC HEARINGS: Latin Club Liquor License. A Public Hearing was held on the request of the Grand Island Latin Club for a Class "C" Liquor License. City Attorney Keith Sinor noted that the hearing was being held as a result of citizen protests receiving requesting revocation of the Liquor License for the Latin Club. City Attorney Keith Sinor introduced the following exhibits: Application for a Class "C" Liquor License filed with the Nebraska Liquor Control Commission and received by the City on January 10, 1994; notice to general public of date, time, and place of hearing published on January 14, 1994; notice to applicant of date, time, and place of hearing mailed on January 11, 1994; Chapter 4 of City Code and departmental reports as required by City Code. Terry Schaaf, 140 North 8th Street, Lincoln, Legal Counsel representing the Latin Club, introduced the following exhibits: Affidavit by Mary Valdez, affidavit from Yolando Nuncio, letter from Mexican American Commission, letter from United Way, letter from Marty I I J Page 2, City Council Regular Meeting, January 24, 1994 Ramirez, letter from Ella Oucha with the Multicultural Human Development Corporation, letter from Dr. Eichner, letter from Father Donald A. Buhrman, St. Mary's Cathedral, and letter from Heidi Bamesberger. Benny Campos, 621 Market Street, offered a notebook containing evidence for the record. It was requested that the videotape previously presented to the Council and currently filed with the Liquor Control Commission be offered as evidence, also. Attorney Schaaf objected to the videotape being offered as evidence. Mr. Schaaf noted that the Latin Club had formed a community relations committee and that the Club had taken new policy towards holding members responsible for actions of their guests. Yolanda Nuncio, 611 North Wheeler, spoke in support of the Latin Club and presented information on the community activities the Club had been involved in. Pete Angoria, 915 West Charles, spoke in support of the Latin Club. Discussion was held on the number of police calls to the establishment. Benny Cmapos, 621 Market Street, Stan Nelson, 1424 East Fifth Street, Kevin Trapp, 1407 East 6th Street, Robert Briseno, 3130 East Highway 30, Dennis Benson, 1008 E. 5th Street, and Roxy Clark, 920 West Phoenix, spoke in opposition to the Liquor License for the Latin Club. Motion was made by Sorensen, second by Johnson, to deny the application of the Grand Island Latin Club for a Class C Liquor License. Johnson requested that the following reasons for denial be added as a friendly amendment: 1) existence of citizen protest and significant evidence in opposition to the Liquor License; and 2) proposed license would be incompatible with neighborhood. Sorensen accepted the friendly amendment. Upon roll call vote, Preisendorf, Wit, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer,a nd Solt voted nay. Murray abstained. Motion to deny the request for Liquor License was denied. Conditional Use Permit for Placement of Mobile Home at 3234 Schimmer Drive. Public Hearing was held on the request of Mr. Eulen Whitten, 1409 Windsor Road, for the renewal of a Conditional Use Permit for the placement of a mobile home located at 3234 Schimmer Drive. Building Inspections Director Craig Lewis explained that the mobile home was used as a watchman's quarters for the Sundowner Dance Hall, and that Mr. Whitten had held a Conditional Use Permit for this use since 1980. Mr. Lewis noted that in 1992, the Council voted to review the Conditional Use Permit, noting that no further renewals would be permitted. No public testimony was heard. Conditional Use Permit for Placement of Mobile Home at 3841 Sky Park Road. Craig Lewis, Building Inspections Director, reported that Mr. Doug Caldwell, on behalf of the Hall County Regional Airport, had submitted an application with the City Clerk's Office for a Conditional Use Permit for the placement of a mobile home to be located at 3841 Sky Park Road. No public testimony was heard. Conditional Use Permit for Placement of Mobile Home at 1404 West Second Street. Craig Lewis, Building Inspections Director, reported that Mr. Ray Johnson, on behalf of Holiday Companies, had submitted an application with the City Clerk's Office for a Conditional Use Permit for the placement of a mobile home to be located at 1404 West Second Street. The mobile home will be used to operate the existing business while renovations are being made to the current facility. Cleo Woodyard, 2216 Apache Road, voiced concern with location of the mobile home. Mr. Lewis noted that the Council had authority to set conditions if approving a Conditional Use Permit. I I ,I Page 3, City Council Regular Meeting, January 24, 1994 Conditional Use Permit for Sand and Gravel Operation on Shady Bend Road. Nelson Helm, Regional Planning Director, reported that Mr. Tim Kolar, 214 East Koenig Street, had submitted an application with the City Clerk's Office for a Conditional Use Permit for the establishment of a sand and gravel operation to be located 3/8 mile north of Bismark Road, on the west side of Shady Bend Road. Mr. Helm noted that if the request was approved, certain conditions should be provided for. No public testimony was heard. Land Use Designation for Property Located at 3122 Old Potash Highway. Nelson Helm, Regional Planning Director, reported that Mr. Warren Garrett, 2208 Cottonwood Road, had submitted an application with the City Clerk's office to rezone a 31,750 square foot lot located at 3122 Old Potash Highway. Mr. Helm explained that the request provided for a change from "B-2" (General Business) Zone, to a "M-l" (Light Manufacturing) Zone and would permit the relocation of Platte Valley Retreaders, Inc. Mr. Warren Garrett, 2208 Cottonwood Road, was present on behalf of the application. No further public testimony was heard. Six Year Street Improvement Program. Wayne Bennett, Public Works Director, reported that the Engineering Division of the Public Works Department had prepared a proposed Six Year Street Improvement Plan as provided for by State Statutes and that this plan had been presented to the Regional Planning Commission at their January 4, 1994 regular meeting. Mr. Bennett noted that the plan addressed street, drainage, and traffic safety improvements throughout the City and was intended to prioritize needs and address federal and local funding availability. Louise Miller, 1104 West Charles, spoke in support of maintaining existing streets. Community Development Block Grant Loan Application. Jerenne 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 Community Development Department, in conjunction with their advisory committee and input from citizens, had prepared a proposed application seeking $343,500 to assist Nova Tech, Inc., Grand Island Air Park, in retaining and expanding its existing business. Mrs. Garroutte explained that the grant would allow retention of 14 jobs and create 16 full time equivalent positions and noted that matching funds would be provided by a banking institute and investors. Gloria Thiesenvitz, president of Nova Tech, Inc., spoke in support of the application. Councilmember Wit stated that Mr. Lloyd Dohling, 1300 North Lafayette, had requested that his opposition to the application be noted. Andy Baird, 2414 Brahma, representing the Grand Island Industrial Foundation, spoke in support of the application. Councilmember Seifert questioned the availability of funds for other small businesses, and asked how the administrative costs were handled. Mrs. Garroutte explained that $3,500 in funds had been requested for the City's administration of the grant, and that the City could submit a reuse plan to the State for the repaid funds. PUBLIC PARTICIPATION: Louie Lorenzen, 417 North Darr, spoke on water issues. Glendale Reiss, 910 North Boggs, and Jackie Pielstick, 722 East 7th, spoke on the fire relocation plan. REQUESTS AND REFERRALS: I I I Page 4, City Council Regular Meeting, January 24 1994 Receipt of Official Documents. Motion by Seifert, second by Kehm, carried unanimously to receive and place on file the minutes of the Civil Service Commission of December 28, 1993, and the minutes of the Regional Planning Commission of January 5, 1994. Liquor Manager Designation for Eagles Club, 213 North Sycamore Street. Motion by Seifert, second by Kehm, carried unanimously to approve the application of Wanda Smith for Liquor Manager Designation for Eagles Club, 213 North Sycamore Street. License Agreement for Use of Public Right of Way at 2025 North Park Avenue. Motion by Seifert, second by Kehm, carried unanimously to approve the request of Troy Miller and Tonya Rasher, 2025 North Park Avenue, for a License Agreement to allow for encroachment onto the public right-of-way. Wayne Belmett, Public Works Director, reported that Mr. Miller and Ms. Rasher had constructed a fence 10 feet into the right of way. Use of City Property for Late Great Car Show. Motion by Seifert, second by Kehm, carried unanimously to approve the request of Mr. Don Ruzicka, owner of Ruzicka Carburetor and Electric located at 1414 West Stolley Park Road, for the use of City property west of his business for use during the 1994 Late Great Car Show and Picnic being held Saturday, July 16, 1994, from 10:00 a.m. to 6:00 p.m. Referral of Zoning Code Revision to Regional Planning Commission. Wayne Bennett, Public Works Director, reported that the City Code allowed for the construction of private wastewater treatment systems, anywhere in the City or its two mile zoning jurisdiction, and that this was contrary to the City's best interest when City sanitary sewer was available. Mr. Bennett recommended that modifications be made to the Zoning Ordinance to require Conditional Use Permits for wastewater treatment systems, thereby providing the City Council with the ability to approve or deny construction of wastewater treatment systems. Motion by Seifert, second by Kehm, carried unanimously to refer the zoning code revision to the Regional Planning Commission. Conditional Use Permit for Placement of Mobile Home. Motion by Shafer, second by Soh to deny the request of Mr. Eulen Whitten for renewal of a Conditional Use Permit for the placement of a temporary mobile home at 3234 Schimmer Drive. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, Shafer, and Solt voted aye. Sorensen abstained. Motion carried. Conditional Use Permit for Placement of Mobile Home at 3841 Sky Park Road. Motion by Seifert, second by Soh, carried unanimously to approve the request of the Hall County Regional Airport for a Conditional Use Permit for the temporary placement of a mobile home at 3841 Sky Park Road. Conditional Use Permit for Placement of Mobile Home at 1404 West Second Street. Motion by Seifert, second by Solt, carried unanimously to approve the request of Holiday Companies for a Conditional Use Permit for the temporary placement of a mobile home at 1404 West Second Street. The Council requested the mobile home be set back far enough so as not to interfere with the adjacent businesses. I I I Page 5, City Council Regular Meeting, January 24, 1994 Conditional Use Permit for Sand and Gravel Operation. Motion by Seifert, second by Solt, carried unanimously to approve the request of Mr. Tim Kolar, 214 East Koenig Street, for the establishment of a sand and gravel operation to be located 3/8 mile north of Bismark Road, on the west side of Shady Bend Road, subject to conditions set forth by the Regional Planning Department. Revised City Council Meeting Schedule. Motion by Seifert, second by Shafer, carried unanimously to approve the revised 1994 City Council Meeting Schedule. Use of Public Streets for Super Cities Walk. Motion by Seifert, second by Shafer, carried unanimously to approve the request of the National Multiple Sclerosis Society for Use of Public Streets for Super Cities Walk on April 10, 1994. RESOLUTIONS: #94-024 - Amending Organization Structure. Motion by Wit, second by Murray, to approve revised Resolution #94-024 providing for the amendment to various organizational systems and structures. Councilmember Sorensen suggested that no action be taken at this time. Councilmember Solt called the question to a vote, Wit seconded. Upon roll call vote, Preisendorf, Wit, Murray, Hosier, Kehm, Seifert, Shafer, and Solt voted aye. Johnson, and Sorensen voted nay. Motion carried. Upon vote for approving Resolution #94-024, Wit, Murray, Hosier, Kehm, Seifert, Shafer, and Solt voted aye. Johnson abstained. Preisendorf and Sorensen voted nay. Motion carried. Mayor Dobesh vetoed adoption of the Resolution. #94-017 - Community Development Block Grant Loan Application. Motion by Sorensen, second by Shafer, carried unanimously to approve the Block Grant Loan Application. Councilmember Murray noted that this was an opportunity to help a Grand Island business expand. #94-018 - Six Year Street Improvement Program. Motion by Wit, second by Preisendorf, carried unanimously to approve the Six Year Street Improvement Program. #94-019 - Awarding Bid for Water Main District #412. Beth Griffiths, Purchasing Agent, and Gary Mader, Utilities Director, reported that the Purchasing Division had received bids for Water Main District #412, located in the Dale Roush Subdivision and Dale Roush Second Subdivision. John Brownell, legal Counsel for Diamond Engineering, spoke in support of awarding the bid to Diamond Engineering inasmuch as the Rutjen's bid did not include a quality assurance program letter. Councilmember Solt spoke in support of rejecting both bids and rebidding the project. Councilmembers Solt and Preisendorf suggested that the bid documents be carefully reviewed. Ms. Griffiths and City Attorney Keith Sinor reported that the City was allowed to waive irregularities and accept whichever bid was in the best interest of the City. Motion by Kehm, second by Johnson, to award the low bid to Rutjen's Construction of Tilden, Nebraska, in the amount of $175,255.14. Upon roll call vote, Wit, Murray, Johnson, Hosier, Kehm, and Seifert voted aye. Sorensen abstained. Preisendorf, Shafer, and Solt voted nay. Motion carried. I I I Page 6, City Council Regular Meeting, January 24, 1994 #94-020 - Awarding Bid for 25 KV A Padmount Transformer. Gary Mader, Utilities Director, reported that the Purchasing Division had received bids for the purchase of twelve 25 KV A Padmount Transformers to serve the Utilities Department, Underground Division, and that bids were received from five suppliers. Mr. Mader noted that the low evaluated bid was from Kriz Davis of Grand Island, Nebraska in the amount of $11,508. Motion by Sorensen, second by Solt, carried unanimously to approve. #94-021 - ASCR Wire and Miscellaneous Electrical Items. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of miscellaneous electrical items to serve the Utilities Department, Electric Line and Underground Divisions and that bids were submitted by five vendors. Ms. Griffiths noted that 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. Motion by Sorensen, second by Solt, carried unanimously to award the low bid for the remaining three line items to Dutton Lainson of Hastings, Nebraska, in the amount of $18,806.90. #94-022 - Modifying: Date for Mandatory Yard Waste Composting. Motion by Preisendorf, second by Sorensen, carried unanimously to amend the date for mandatory yard waste composting to March 1, 1994 to conform with the garbage haulers ability to provide the service. #94-023 - Application for ISTEA Funds for Bike Path along State Street. Steve Paustian, Parks and Recreation Director, reported that the Parks and Recreation Department, in conjunction with Public Works and the Regional Planning Commission staff, had prepared a Transportation Enhancement Improvement Request for the proposed bike path along State Street. Motion by Seifert, second by Kehm, carried unanimously to approve. #94-025 - Assignment of Office of City Treasurer. Motion by Murray, second by Solt, carried unanimously to adjourn to Executive Session to discuss a personnel matter. It was suggested that the Executive Session be conducted after the Ordinances were acted on. 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: #7978 - Approving Local Government Expenditure Miscellaneous Policy #7980 - Approving Land Use Designation for Property Located at 3122 Old Potash Highway #7981 - Amending Section 31, Chapter 20 of City Code Relative to Signage Locations 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. I I I Page 7, City Council Regular Meeting, January 24, 1994 After inviting questions or comments and there being none, Mayor Dobesh called for a roll call vote on the motion. Upon roll call vote, all voted aye. Clerk: Ordinances #7978, #7980, and #7981 on first reading. All those in favor of the passage, answer roll call. Upon roll call vote, all voted aye. Motion carried. Clerk: Ordinances #7978, #7980, and #7981 on final passage. All those in favor of the passage of the ordinances on their final passage, answer roll call. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Sorensen, Shafer, and Solt voted aye. Seifert abstained. Motion carried. Mayor: By reason of the roll call votes on the first and final passage of said ordinances, Ordinances #7978, #7980, and #7981 are declared to be lawfully passed and adopted upon publication as required by law. ADJOURN TO EXECUTIVE SESSION. Motion by Murray, second by Solt, carried unanimously to adjourn to Executive Session to discuss a personnel matter. RETURN TO REGULAR SESSION. Motion by Johnson, second by Seifert, carried unanimously to return to Regular Session at 12:05 a.m. #94-024 - Amending Organization Structure. Mayor Dobesh stated that he wished to withdraw his veto of Resolution #94-024. Motion by Murray, second by Wit, to reconsider Resolution #94-024. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, Shafer, and Solt voted aye. Sorensen voted nay. Motion carried. Motion by Johnson to approve Resolution #94-024 in its original form, excluding the late addendum, with a modification placing the City Hall Maintenance responsibilities under the City Administrator and directing the Finance Department to implement the changes and report back to the Council with a recommendation as to the internal control procedures which would be implement. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, Shafer, and Solt voted aye. Sorensen voted nay. Motion carried. CLAIMS: Motion by Wit, second by Solt, carried unanimously to approve the claims in the amount of $2, 049,643.01 as presented by the City Clerk ADJOURNMENT: The meeting was adjourned at 12:09 a.m. Respectfully sUbmitted,. _ / ~( ~1\Q0X ~~~\-wvI CJ ~ . Cindy K. C~rtwright City Clerk I I I CITY OF GRAND ISLAND OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL RETREAT January 29, 1994 Pursuant to due call and notice thereof, a Council Retreat was conducted in the Council Chambers of City Hall on January 29, 1994. Notice of the meeting as given in the Grand island Independent on January 28, 1994. The meeting began at 10:30 a.m. The following were present: Mayor Dobesh, Councilmember Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, and Shafer, and City Administrator Zachary Zoul, and City Clerk Cindy Cartwright. RULES GOVERNING MEETING PROCEDURES. The Council reviewed a proposed set of rules governing City Council meeting procedures, most of which were excerpted from a model ordinance provided by the League of Municipalities. Councilmember Wit spoke in support of the changes and suggested that the information be distributed to the public via newspaper or pamphlet. The model rules were modified to incorporate concerns as expressed by Councilmembers and to be compatible with Grand Island needs. The consensus of the Council was to schedule Public Participation at the end of the meeting, after all business on the agenda was conducted. Councilmember Murray requested that the Council be notified earlier of those items to appear on the agenda. City Clerk Cindy Cartwright noted that an agenda hotline would be established whereby any interested parties could gain access to the agenda by dialing City Hall, extension 125. Discussion was held on the need to establish a charge for copying of the agenda packets. Establishment of a yearly subscription rate was agreed to. COMMUNITY NEEDS AND OPPORTUNITIES. Discussion was held on the Councilmembers' general views on the aspirations and future direction of the Grand Island community. Councilmember Johnson stated the City needed to be proactive in encouraging cultural awareness and sensitivity, and Youth Development issues. Councilmember Sorensen noted the need for a Teen Center. Councilmembers Preisendorf, Sorensen, and Seifert spoke in support of housing development. Councilmember Shafer expressed interest in increasing the post secondary education offerings. Councilmember Kehm voiced support for a stricter possession of weapon regulation for minors. Other needs discussed included: Community use of old City Hall, Convention/Civic Center, Use of Old Walnut School, Streets, Ballfields, Hike/Bike System Citywide, Comprehensive Community Needs Plan, Domestic Abuse, Property Maintenance/Entrances, Health Care Needs, Public Transit, Community Redevelopment Authorities, Cornhusker Army Ammunition Plant Reuse. SALES TAX AND PROPERTY TAX REPORT. The Council reviewed the sales tax and property tax report and noted that more funds would be generated by sales tax in 1994 than by property tax. I I I Page 2, City Council Retreat, January 29, 1994 BUDGET PREPARATION TIME LINE. The time line for the preparation of the 1994-1995 budget was reviewed. Councilmember Wit suggested that the budget process be emphasized through public information efforts. PROPERTY TAX LEVY. Discussion was held on establishment of the City's share of the property levy. The consensus of the Council was to adjust the current levy for inflation, with an approximate increase of 4 % . GOALS AND PRIORITIES. Councilmembers forwarded 40 of their top goals and priorities for 1994-1995. The priorities and point rankings for each is as follows: 1. Sales Tax Reenactment 2. Fire Station 3. Industrial Park Utilities 4. Teen Center 5. Housing Development 6. Fire Staffing (Volunteer or Paid) 7 . Webb Road Widening Project 8. Hike and Bike Trails System 9 . Water Park Expansion 10. LE Ray Park Development/Campground 11. Fire Equipment 12. Drainage - Existing 13. Drainage - Grading Regulations 14. Downtown Marketing 15. Property Maintenance 16. Organizational Management Issues 17. Power Supply Expansion 18. Parks Improvement 19. Public Information Expansion 20. Playground Equipment 21. Annexation 22. Skeet Range Lead Abatement 23. Pier Pool Removal 24. Complete Fixed Asset Inventory 25. Gun Control Ordinance/Minors 26. Disposal of Surplus Real Estate 27. Pine Street Power Plant Reuse 28. Cultural Diversity 29. Cemetery Land Acquisition 30. Police Staffing 31. Ashley Park - Road Paving 32. Ice Skating Rinks 33. Tornado Hill 30 27 28 27 25 27 27 26 28 25 25 30 27 26 24 24 23 23 23 22 22 22 22 22 21 21 20 19 17 17 16 15 I I I Page 4, City Council Retreat, January 29, 1994 34. Stolley Park Roads/Entrance 35. Snow Removal Alternatives 36. Golf Course Expansion 37. Community Needs Analysis 38. Accelerated Debt Retirement 39. Transit System 40. Downtown Parking 14 14 14 14 13 13 11 The top 15 priorities were then prioritized. The following listing represents the top 15 priorities forwarded by the Council for 1994-1995. 1. Sales Tax Reenactment 2. Fire Station 3. Industrial Park Utilities 4. Teen Center 5. Housing Development 6. Fire Staffing (Volunteer or Paid) 7. Webb Road Widening Project 8. Hike and Bike Trails System 9. Water Park Expansion 10. LE Ray Park Development/Campground 11. Fire Equipment 12. Drainage - Existing 13. Drainage - Grading Regulations 14. Downtown Marketing 15. Property Maintenance 29 26 26 24 23 22 21 21 20 20 17 14 13 12 11 ADJOURNMENT. The meeting was adjourned at 3:30 p.m. Respectfully submitted, ( ~ U !lO~ ~Ult(WV\SW Cindy K. Cartwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL SPECIAL SESSION January 29, 1994 Pursuant to due call and notice thereof, a Special Meeting of the City of Grand Island was conducted in the Council Chambers of City Hall on January 29, 1994. Notice of the meeting was given in the Grand Island Independent on January 28, 1994. Mayor Dobesh called the meeting to order at 10:00 a.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, and Shafer. Solt was absent. The following City Officials were present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, and Public Works Director Wayne Bennett. AMENDMENT TO BURLINGTON NORTHERN ELEVATED RAIL PROJECT AGREEMENT. Motion by Sorensen, second by Seifert, carried unanimously to approve the amendment to the Burlington Northern Elevated Rail Project Agreement which provided for the construction of an underpass at 18th Street rather than Seventh Street without additional payment to the Burlington Northern Railroad. Public Works Director Wayne Bennett noted that the City would be required to maintain structures on both 18th Street bridge approaches with clearance at least as low as the bridge so that an overheight vehicle would have to strike that structure prior to reaching the railroad bridge. HOLD HARMLESS AGREEMENT. Motion by Seifert, second by Kehm, carried unanimously to approve the Hold Harmless Agreement with Northwest High School for use of the facility for the Northwest Town Hall Meeting scheduled for February 9, 1994. CONTRACT WITH MONFORT. INC. RELATIVE TO WASTEWATER TREATMENT. Motion by Johnson, second by Murray, carried unanimously to approve the contract with Monfort, Inc. relative to wastewater treatment. Wayne Bennett, Public Works Director, reported that the agreement was desirable to improve the salability of bonds necessary to finance the construction of the Wastewater Treatment Plant, and that the agreement required Monfort to pay 9 1/2 % of the debt service on the plant expansion for the next 6 years whether it uses the Treatment Plant or not. CONSTRUCTION OF INDUSTRIAL RESERVE TO WASTEWATER TREATMENT PLANT. Motion by Johnson, second by Preisendorf, carried unanimously to approve the construction of industrial reserve to the Wastewater Treatment Plant which provided for a new industry or combination of industries with a sewage flow of one million gallons per day and BOD AND SS loading of 7,500 pounds per day each. I I I Page 2, City Council Special Meeting, January 29, 1994 SEWER USE FEES RELATIVE TO SULFIDES. Wayne Bennett, Public Works Director, reported that the reduction in sulfide charges was part of the proposed agreement with Monfort and that the charges reflected the City's actual cost for treatment of Monfort's sulfides assuming a 20-year period to recover the capital costs of the system. Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that the ordinance numbered: #7982 - Amending Sewer Use Fees Relative to Sulfides 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 Shafer seconded the motion. After inviting questions or comments, and there being none, Mayor Dobesh called for a roll call vote on the motion. Upon roll call vote, all voted aye. Clerk: Ordinance #7982 on its first reading. All those in favor of the passage, answer roll call. Upon roll call vote, all voted aye. Clerk: Ordinance #7982 on its final passage. All those in favor of the passage of the ordinance on its final passage answer roll call. Upon roll call, all voted aye. Motion carried. Mayor: By reason of the roll call votes on the first and final passage of said ordinance, Ordinance #7982 is declared to be lawfully passed and adopted upon publication as required by law. Jack Roark, 556 East 18th Street, voiced appreciation to the Council for their adoption of the amendment to the Burlington Northern Railroad. Glendale Reiss, 910 North Boggs, questioned the Special Meeting. ADJOURNMENT. The meeting was adjourned at 10:25 p.m. ~fsp..ectfullY sUbm~' fed". '. r A_ \ ~ 1 . {,\d~A.., k( .()J"t 11lN\ \.. \/---' T tr'ndy K. g:artwrtg t ,j City Clerk I I I CITY OF GRAND ISLAND OFFICIAL PROCEEDINGS MINUTES OF SPECIAL CITY COUNCIL STUDY SESSION January 29, 1994 Pursuant to due call and notice thereof, a Special Study Session of the City of Grand Island was conducted in the Staff Library of City Hall on January 29, 1994. Notice of the meeting was given in the Grand Island Independent on January 28, 1994. The Meeting began at 8:00 a.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, and Shafer. Solt was absent. PROGRAM. Frank Koehler, Director of the Program for Public and Non-Profit Development with the College of Public Affairs and Community Services, University of Nebraska at Omaha, presented information on organizational relations. ADJOURNMENT. The meeting was adjourned at 10:00 a.m. Respectfully submitted, . j l~\clw (K~'l\WVlS ~v , Cindy K. CWtwrigh0, City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF SPECIAL CITY COUNCIL MEETING February 7, 1994 Pursuant to due call and notice thereof, a Special Meeting of the City of Grand Island was conducted in the Council Chambers of City Hall on February 7, 1994. Notice of the meeting was given in the Grand Island Independent on February 2, 1994. Mayor Dobesh called the meeting to order at 7:00 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, sorensen and Shafer. Solt was absent. The following City Officials were present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith Sinor, and Public Works Director Wayne Bennett. REQUEST OF HOLIDAY STATION. 1404 WEST SECOND STREET. FOR CLASS "B" LIQUOR LICENSE. Public Hearing was held on the request of Holiday Stations, 1404 West Second Street, for a Class "B" Liquor License. City Attorney Keith Sinor introduced the following exhibits: Application for a Class "B" Liquor License filed with the Nebraska Liquor Control Commission and received by the City on January 20, 1994; notice to general public of date, time, and place of hearing published on January 28, 1994; notice to applicant of date, time, and place of hearing mailed on January 24, 1994; Chapter 4 of City Code, and departmental reports as required by City Code. Mr. Sinor noted that the Building Department report indicated that inasmuch as the building was not completed, final approval could not be given. Michael Lazer, Legal Counsel for Holiday Stations, was present on behalf of the application, and presented evidence for the record. No other public testimony was heard. Motion by Wit, second by Shafer, to approve the request of Holiday Stations for a Class "B" Liquor License, contingent upon compliance with City Code regulations. REQUEST OF HOLIDAY STATION. LOCUST STREET AT HEDDE STREET. FOR CLASS "B" LIQUOR LICENSE. Public Hearing was held on the request of Holiday Stations, Locust Street at Hedde, for a Class "B" Liquor License. City Attorney Keith Sinor introduced the following exhibits: Application for a Class "B" Liquor License filed with the Nebraska Liquor Control Commission and received by the City on January 20, 1994; notice to general public of date, time, and place of hearing published on January 28, 1994; notice to applicant of date, time, and place of hearing mailed on January 24, 1994; Chapter 4 of City Code, and departmental reports as required by City Code. Michael Lazer, Legal Counsel, spoke in support of the application. Motion by Wit, second by Shafer, to approve the request. Upon roll call vote, Preisendorf, Wit, Murray, Hosier, Kehm, Seifert, and Shafer voted aye. Sorensen abstained. Johnson voted nay. Motion carried. REQUEST OF RN CONCESSIONS. 700 EAST STOLLEY PARK ROAD. FOR CLASS "C" I I I Page 2, Special City Council Meeting, February 7, 1994 LIQUOR LICENSE. Public Hearing was held on the request of RN Concessions, 700 East Stolley Park Road, for Class "C" Liquor License. City Attorney Keith Sinor introduced the following exhibits: Application for a Class "C" Liquor License filed with the Nebraska Liquor Control Commission and received by the City on January 25, 1994; notice to general public of date, time, and place of hearing published on January 28, 1994; notice to applicant of date, time, and place of hearing mailed on January 25, 1994; Chapter 4 of City Code, and departmental reports as required by City Code. Mike Johnson, Legal Counsel, was present on behalf of the applicant. No other public testimony was heard. Motion by Preisendorf, second by Seifert, carried unanimously to approve. LIQUOR MANAGER FOR HOLIDAY STATIONS, 1404 WEST SECOND STREET. Motion by Wit, second by Shafer, to approve the application of Mr. Raymond Johnson for Liquor Manager for Holiday Stations, 1404 West Second Street. Mr. Johnson was present on behalf of the application. Upon roll call vote, Preisendorf, Wit, Murray, Hosier, Kehm, Seifert, Sorensen, and Shafer voted aye. Johnson voted nay. Motion carried. LIQUOR MANAGER FOR HOLIDAY STATIONS, LOCUST STREET AT HEDDE STREET. Motion by Wit, second by Shafer, to approve the application of Mr. LeRoy Pacula for Liquor Manager for Holiday Stations, Locust Street at Hedde Street. Mr. Pacula was present on behalf of the application. Upon roll call vote, Preisendorf, Wit, Murray, Hosier, Kehm, Seifert, Sorensen, and Shafer voted aye. Johnson voted nay. Motion carried. LIQUOR MANAGER FORRN CONCESSIONS, 700 EAST STOLLEY PARK ROAD. Motion by Preisendorf, second by Murray, carried unanimously to approve the application of Mr. Robert Nielsen for Liquor Manager for RN Concessions, 700 East Stolley Park Road. LIQUOR MANAGER FOR GRAND ISLAND LATIN CLUB, 1412 EAST SIXTH STREET. Motion by Seifert, second by Kehm, carried unanimously to recommend to the Liquor Commission without reflection upon the individual manager as applicant, that no manager be approved for the Grand Island Latin Club until after the dispute over the liquor license to the Club has been resolved. SUPPORTING WOOD RIVER FLOOD CONTROL PROJECT. Motion by Sorensen, second by Murray, carried unanimously to approve Resolution #94-029, supporting the Wood River Flood Control Project. CONTRACT FOR VENDING/FOOD SERVICES FOR CITY HALL. City Clerk Cindy Cartwright reported that proposals had been received for vending/food services for the City Hall. Motion by Seifert, second by Sorensen, carried unanimously, to approve the contract with Ms. Elizabeth Bernal for vending/food services for City Hall. ADJOURNMENT. The meeting was adjourned at 7:26 p.m. I I I Page 3, Special City Council Meeting, February 7, 1994 ~tful1Y SUbmitted~ JU _ Ciooy ~~:\ City Clerk I I I CITY OF GRAND ISLAND OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL STUDY SESSION February 7, 1994 Pursuant to due call and notice thereof, a Study Session of the City of Grand Island was conducted in the Council Chambers of City Hall, 100 East First Street. Notice of the meeting was given in the Grand Island Independent on February 2, 1994. Mayor Dobesh called the meeting to order at 7:27 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, and Shafer. Solt was absent. The following City Officials were present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith Sinor, and Public Works Director Wayne Bennett. ADDRESS IDENTIFICATION PROGRAM. Councilmember Seifert reported that the Junior City Council proposed to paint addresses on street curbs, at no charge to the residents, and requested that the City provide the supplies for this project. Rhett Etherton, representing the Junior City Council, spoke in support of the project. HANDICAP PARKING REGULATIONS ENFORCEMENT. Chief of Police Gene Watson presented information on the enforcement procedures for handicap parking violations. Chief Watson recommended against the authorization for citizens to issue citations for handicap parking violations. Councilmember Johnson spoke in favor of supporting a change in State law to make a handicap parking violation a parking violation, not a traffic infraction as it is currently. Chief Watson further suggested review of the fines. HIKE AND BIKE TRAIL LAND ACQUISITION. Steve Paustian, Parks and Recreation Director, reported that he and the Regional Planning Director had been in contact with the Burlington Northern Railroad relative to purchase of the abandoned spur line right of way for a hike and bike trail. Mr. Paustian noted that a representative from Rail Property Management, who has contracted with the Burlington Northern Railroad, to dispose of surplus property, had submitted a purchase price of $150,000 for the 13.4 acres. Mr. Paustian and Mr. Helm stated their belief that the purchase price was not acceptable. Councilmember Wit suggested that the option of eminent domain be reviewed, and asked if the property was being maintained by the railroad. Mr. Paustian noted that the Parks and Recreation Department received several calls each year relative to non maintenance of the property. Lloyd Mettenbrink, owner of Sunrise Express, 2115 Riverside Drive, and John Brownell, 2203 Woodridge Court, spoke in support of the project. Councilmember Murray spoke in support of the project. Gene McCormick, 707 South Pleasantview, spoke on the issue. The item was forwarded to the February 14, 1994 City Council Meeting for action. I I I Page 2, City Council Study Session, February 7, 1994 EMERGENCY MEDICAL SERVICES RESPONSE POLICY. Fire Chief Jim Rowell, and Paramedic Supervisor Larry Nelson, presented information on the emergency medial services response policy. Several Fire Department employees provided a demonstration of the join operation of the engine company and the paramedic ambulance at a medical call. NON RESIDENT CHARGES FOR LIBRARY SERVICES. Councilmember Seifert reported that an out of county resident had requested that the Council review the policy relative to library card charges for an out of county resident. Steve Fosselman, Library Director, reported that generally every library has a charge for out of county use. Mr. Fosselman noted that the Library Board had approved an exemption for our of county students. John Brownell, 2203 W oodridge Court, spoke in support of the current policy. ADJOURNMENT. The meeting was adjourned at 8:35 p.m. Respectfully submitted, ~L .flcU 1<. (\1 /~ ~.. h'{)/lLQ/t~ ~, ;j"... f'" '. l\/ I)/ " 1 0 ". Cindy K. Cartwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING February 14, 1994 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, 100 East First Street on February 14, 1994. Notice of the meeting as given in the Grand Island Independent on February 9, 1994. Mayor Dobesh called the meeting to order at 7:00 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Wit, Murray, Johnson, Kehm, Seifert, Sorensen, Shafer, and Solt. Hosier was absent. The following City Officials were present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith Sinor, and Public Works Director Wayne Bennett. PLEDGE OF ALLEGIANCE was said followed by INVOCATION given by Father Deaver. APPROVAL OF MINUTES. Motion by Shafer, second by Preisendorf, carried unanimously to approve the minutes of the City Council Regular Meeting of January 24, 1994, City Council Special Study Session of January 29, 1994, City Council Special Meeting of January 29, 1994, City Council Retreat of January 29, 1994, City Council Study Session of February 7, 1994, and City Council Special Meeting of February 7, 1994. PROCLAMATION: City Clerk Cindy Cartwright reported that February, 1994 had been proclaimed as American History Month. PUBLIC HEARINGS: Amendment to the Zoning Ordinance Requiring Conditional Use Permits for the Construction and Operation of Private Wastewater Treatment SYstems. Nelson Helm, Regional Planning Director reported that this amendment would allow private wastewater treatment systems when it is in the public interest and to deny them when it is contrary to the public interest. Mr. Helm added that the proposed amendment would exempt small systems based on a threshold of design capacity for which guidance is provided in the Plumbing Code. No public testimony was heard. Supplemental Appropriation for Wastewater Treatment Plant Expansion Proiect. Chuck Haase, Finance Director, reported that the approval of the Wastewater Treatment Plant Expansion Project contract required that the entire multi-year contract amount be appropriated. John Wagoner, 1711 South Harrison, inquired as to what homeowner assessments would be. Wayne Bennett, Public Works Director, reported that only system users would be assessed. Glendale Reiss, 910 North Boggs, and Paul Hamilton, 305 Cherokee, spoke against the supplemental appropriation. Request for Conditional Use Permit for Sand and Gravel Operation. This item was postponed until the March 7, 1994 City Council Meeting. I I I Page 2, City Council Regular Meeting, February 14, 1994 Request for Conditional Use Permit for Day Care Facility at 424 North Darr Street. Craig Lewis, Building Inspections Director, reported that an application had been submitted for a Conditional Use Permit to allow for a day care facility and preschool center at 424 North Darr Avenue, and that the Conditional Use Permit was required because the property was zoned Low Density Residential. Connie Davis, 424 Darr Avenue, spoke in support of the application. Request of Sportsman's Bar. 501 North Pine Street. for Class "C" Liquor License. A Public Hearing was held on the request of Dennis Nelson, dba Sportsman's Bar, 501 North Pine Street, for a Class "C" Liquor License. City Attorney Keith Sinor introduced the following exhibits: Application for a Class "C" Liquor License filed with the Nebraska Liquor Control Commission and received by the City on February 3, 1994; notice to applicant of date, time, and place of hearing mailed on February 3, 1994; notice to general public of date, time, and place of hearing published on February 10, 1994, Chapter 4 of City Code, and departmental reports as required by City Code. No public testimony was heard. DISCUSSION AND INFORMATION ITEMS: Conflict Resolution Process for Development Proposal. Councilmember Johnson suggested that a Conflict Resolution Process be utilized in an effort to bring together all parties interested in the proposed development of a Walgreens facility at the southeast comer of Broadwell Avenue and Second Street, and to develop a solution which would meet the needs of both the community and the neighborhood. Councilmembers Seifert, Sorensen and Kehm spoke in opposition to the project. John Meidlinger, 1122 West Division, and Larry Hahn, 1303 West First Street, spoke against the proposal. Paul Hamilton, 305 Cherokee, Jim Truell, 903 West Division, and John Wagoner, 1711 South Harrison, also spoke on the issue. John McDermott, 213 South Greenwich, spoke in support of the issue. Development of Integrated Solid Waste Management Plan. Councilmember Seifert noted that it would be appropriate for the City to assist the County with the development of the County's plan as it related to solid waste management, and suggested that interested City and County officials tour the recycling facility at St. Peters, Missouri for information. REOUESTS AND REFERRALS: Receipt of Official Documents. Motion by Shafer, second by Solt, carried unanimously to receive and place on file the minutes of the Library Board Meeting of December 6, 1993, the minutes of the Civil Service Commission of December 28, 1993, the minutes of the Library Board Meeting of January 3, 1994, the minutes of the Downtown Improvement Board of January 18, 1994, the minutes of the Board of Health of January 19, 1994, the minutes of the Cable Television Advisory Board Meeting of February 1, 1994, and the minutes of the Planning Commission of February 2, 1994. Preliminary Plat for Game Bird Subdivision. Nelson Helm, Regional Planning Director, reported that Mr. John Honore, of Grand Island, had submitted a preliminary study for the Game Bird Subdivision, a 4.19 acre tract of land located on the north side of Bismark Road I I I Page 3, City Council Regular Meeting, February 14, 1994 approximately 1/4 mile west of Gunbarrel Road. Motion by Wit, second by Murray, carried unanimously to approve the preliminary plat. Approval of Appointments. Motion by Seifert, second by Wit, carried unanimously to approve the re-appointments of Mr. Mike Milhon, 2316 Cottonwood Road, and Mr. Fred Roeser, 1920 North Huston, to the Cable Television Advisory Board. Vacation of Easement at Eagle Subdivision. Gary Mader, Utilities Director, reported that Mr. and Mrs. David Mohr, St. Libory, Nebraska, had submitted a request with the City Clerk's Office for vacation of the utility easement at the Eagle Subdivision. Motion by Solt, second by Seifert, carried unanimously to approve. Conditional Use Permit for Daycare Facility at 424 North Darr Street. Motion by Shafer, second by Solt, carried unanimously to approve the request of Mr.a nd Mrs. Jerry Davis for a Conditional Use Permit, contingent upon compliance with City Code and State Statute licensing requirements. Request of Sportsman's Inc.. 501 North Pine Street. for Class "C" Liquor License. Motion by Shafer, second by Solt to deny the request of Sportsman's Inc. for a Class "C" Liquor License, inasmuch as the applicant was not present. Motion by Johnson, second by Murray to table the request to the next regular City Council Meeting to allow for attendance by the applicant. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, and Sorensen voted aye. Kehm, Seifert, Shafer, and Solt voted nay. Motion failed. Motion by Shafer, second by Solt to deny the request. Upon roll call vote, Kehm, Seifert, Shafer, and Solt voted aye. Preisendorf, Wit, Murray, Johnson, and Sorensen voted nay. Motion failed. Motion by Wit, second by Johnson to forward no recommendation to the Nebraska Liquor Control Commission. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Kehm, and Sorensen voted aye.d Seifert, Shafer,a nd Solt voted nay. Motion carried. Request of Junior City Council Relative to Address Identification Program. Motion by Seifert, second by Kehm, carried unanimously to approve the request of the Junior City Council for assistance in providing supplies for the address identification program. Request for Driveway Variance at 704 West Third Street. Wayne Bennett, Public Works Director, reported that Mr. and Mrs. Virgil Rousch had submitted a request for an exception to Council policy relative to driveway setback requirements for the property located at 704 West Third Street, and that preliminary plans provided for a driveway located 1 foot, 3 inches from the property corner at the intersection, which is 73 feet, 9 inches less than the current requirement of 75 feet for driveway setbacks. Mr. Virgil Rousch, 1016 South Shady Bend Road, stated that he had devised an alternate plan and asked the Council to review that plan. Motion by Wit, second by Solt, carried unanimously, to table the request until the February 21, 1994 City Council Meeting. I I I Page 4, City Council Regular Meeting, February 14, 1994 RESOLUTIONS: #94-030 - Contract with State of Nebraska for Tree Replacement. Steve Paustian, Parks and Recreation Director, reported that during the 1993 summer storms, extensive tree damage occurred throughout the City, and that funding was available through the Surface Transportation Program (STP) of the Department of Transportation, Federal Highway Administration, to assist with replacement of the trees. Motion by Seifert, second by Sorensen, carried unanimously to approve contract with State of Nebraska to coordinate Federal approval of the proposed funding. #94-031 - Approving Final Plat and Subdivision Agreement for O'Connor Subdivision. Nelson Helm, Regional Planning Director, reported that Mr. and Mrs. Ray O'Conner of Grand Island had submitted the final plat for the O'Conner Subdivision, a 29,151 square foot tract of land located on the south side of Hedde Street, approximately 85 feet east of Lincoln Avenue. Motion by Shafer, second by Preisendorf, carried unanimously to approve. #94-032 - Certificate of Final Completion and Setting Date for Board of Equalization for Water Main District 409T. Gary Mader, Utilities Director, reported that Watermain District #409T had been established on July 27, 1992 and that improvements consisted of a 20" water main on North Road; Hampton Road to the Castle Estates Subdivision. Motion by Solt, second by Seifert, carried unanimously to approve. #94-033 - Certificate of Final Completion and Setting Date for Board of Equalization for Water Main District 410. Gary Mader, Utilities Director, reported that Watermain District #410 had been established on July 27, 1992 and that improvements consisted of a 6" water main in Castle Estates Subdivision and a 16" water main on Husker Highway. Motion by Solt, second by Seifert, carried unanimously to approve. #94-035 - Request for Conditional Use Permit for Sand and Gravel Operation. No action was taken on this item. #94-036 - Approving Lease Agreement for Property at 253 South Locust Street for Storage of Abandoned Property. Police Chief Gene Watson reported that the City had entered into a lease agreement in 1991 with John and Teresa Wayne for the former Wayne Cyc1ery building at 253 South Locust Street for the storage of abandoned property by the Police Department and stated that the proposed lease was for an additional three year period at a rate of $325.00 per month. Motion by Solt, second by Murray, carried unanimously to approve. #94-037 - Contract with Ethnic Festival Relative to Sponsorship. Dianne Kelley, Downtown Development Director, reported that the Central Nebraska Ethnic Festival had been held annually in downtown Grand Island since 1990 and that the Downtown Business Improvement District, represented by the Downtown Development Department, recognized the value of promoting the cultural event in the downtown area, and had helped sponsor the event. Ms. Kelley stated that an agreement, formalizing the sponsorship relationship was required, and that the sponsorship provided that the City supply office space, office equipment, limited staff support, and a contribution of $1,300. Councilmember Johnson voiced concern with the I I I Page 5, City Council Regular Meeting, February 14, 1994 issuance of a liquor license for the festival and moved to approve the contract with an exclusion of the liquor license. Councilmember Preisendorf seconded the motion. Gene McCormick, 707 South Pleasantview, and Louise Miller, 1104 West Charles, spoke in opposition to the sponsorship. Upon roll call vote, Preisendorf, and Johnson voted aye. Wit, Murray, Kehm, Seifert, Sorensen, Shafer, and Solt voted nay. Motion failed. Further discussion was held relative to the forthcoming request for a liquor license. Motion by Solt, second by Seifert, carried unanimously to approve the request. #94-038 - Adopt a Park Program. Steve Paustian, Parks and Recreation Director, reported that the Parks and Recreation Department had developed an Adopt a Park program whereby groups could adopt a park or an area within a park to clean, maintain, and keep safe. Motion by Solt, second by Seifert, carried unanimously to approve. #94-039 - Awarding Bid for Personal Computer Workstations. Gary Mader, Utilities Director, reported that the Utilities Department had received proposals for the purchase of six Engineering Computer Workstations for the Planning and Construction Division, and that six proposals had been received ranging from $24,867.60 to $42,520.44. Mr. Mader reported that the low bid had been submitted by Gateway 2000 of Sioux City, South Dakota. Motion by Preisendorf, second by Johnson, carried unanimously to approve. #94-040 - A warding Bid for Platte Generating Station Precipitator Cleaning. Gary Mader, Utilities Director, reported that the bids had been received for precipitator cleaning at the Platte Generating Station. Mr. Mader explained that three proposals had been received ranging from $15,867.25 to $19,000 and that the low bid was submitted by Vac-N-Jet Environmental of Pueblo, Colorado. Motion by Preisendorf, second by Johnson, carried unanimously to approve. #94-042 - Awarding Bid for Asbestos Testing and Removal at 221 East Third Street. Lorene Janssen, Community Development Technician, reported that the Community Development Department had received a State of Nebraska Development Investment Grant whereby funds were allocated to purchase and demolish the commercial building located at 221 East 3rd Street and to construct a parking lot on this site to be used by YMCA patrons. Ms. Janssen noted that before demolition of the building could be undertaken, materials with 1 % or more asbestos content needed to be removed. It was noted that the Community Development Department received three bids ranging from $11,675.91 to $26,800 had been received, and that the low bid had been submitted by Enviro-Clean Contractors. Ms. Janssen reported that the bid had been reduced to $9,675.90, inasmuch as certain suspect materials tested clean. Motion by Shafer, second by Solt, carried unanimously to approve. #94-045 - Awarding Bid for Sanitary Sewer Repair Proiect 93-S-4. Wayne Bennett, Public Works Director, reported that the Purchasing Division had received proposals for the construction of Sanitary Sewer Repair Project 93-S-4, which is the repair of sewer mains at ten locations within the City, as part of the City's annual repair programs. Mr. Bennett reported that one bid, in the amount of $135,038.05, had been received from Diamond Engineering of Grand Island. Motion by Johnson, second by Shafer, carried unanimously to approve. I I I Page 6, City Council Regular Meeting, February 14, 1994 #94-041 - Agreement with Burlington Northern Railroad relative to Water Pipeline. Gary Mader, Utilities Director, reported that Watermain Project 93 - W - 3 located north and west of the City, was currently under construction by the Army's contractor and subcontractors and stated it was necessary to place a 20" watermain under the Burlington Northern Rail Road at Webb Road. Mr. Mader reported that the proposal agreement would allow the City and the installing contractor's access to the Burlington Northern right-of-way. Motion by Seifert, second by Shafer, carried unanimously to approve. #94-043 - Modification to L. E. Ray Park Operational Policies. Steve Paustian, Parks and Recreation Director, reported that modified operating procedures had been prepared for L.E. Ray Lake providing for the elimination of supervised swimming, and the initiation of a "swim at own risk" policy. Motion by Shafer, second by Seifert, carried unanimously to approve. #94-044 - Hike and Bike Trail Land Acquisition Process. Steve Paustian, Parks and Recreation Director, reported that inasmuch as the Council had expressed interest in acquiring the tract of railroad property where the spur leaves the main line by Cherry Street, to the intersection with Webb Road, the Parks and Recreation Director and Planning Director, planned to enter into negotiations with the railroad for the purchase of this land. Jean Seeley, 4230 Arizona, Louise Miller, 1104 West Charles, and George Olson, 4233 Norseman Avenue, spoke on the issue. Motion by Johnson, second by Murray to approve Resolution #94-044 with the following modification: "that Nelson Helm of the Regional Planning Commission and Steve Paustian, Parks and Recreation Director, be and hereby are authorized to negotiate for the purchase price of railroad property from where the railroad spur leaves the main line by Cherry Street to its intersection with Webb Road for the development of a hiker/biker trail for the City." Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Kehm, and Shafer voted aye. Seifert, Sorensen, and Solt voted nay. Motion carried. #94-046 - Pension Participant Transfer. Chuck Haase, Finance Director, reported that Mr. Dave Weitzel, former City Administrator, had submitted a request for a Plan Transfer Agreement to provide the transfer of his ICMA, Section 401 Pension Account funds to an ICMA Pension Account with his current employer. Gene McCormick, 707 South Pleasantview, spoke against transfer of pension funds. Motion by Murray, second by Seifert to approve. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Kehm, Shafer, and Solt voted aye. Sorensen, and Seifert voted nay. Motion carried. #94-047 - Workers Compensation Self Insured Bond. Chuck Haase, Finance Director, reported that the Nebraska Worker's Compensation Court, as authorized by Nebraska Statute 48-145, had mandated that the City increase its self insured bond from $450,000 to $600,000. Motion by Murray, second by Seifert to approve. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Kehm, Shafer, and Solt voted aye. Sorensen, and Seifert voted nay. Motion carried. #94-048 - Amending 1993-1994 Annual Budget. Chuck Haase, Finance Director, reported that this item provided for changes to the 1993-1994 Budget and Program of Municipal Services to address modifications in the Personnel Allocation sections and Organizational Charts for the Finance/Personnel/City Administrator Departments to reflect the action taken by the City I I I Page 7, City Council Regular Meeting, February 14, 1994 Council at the January 24, 1994 meeting. Mr. Haase noted that in addition, the Parks and Recreation Department had requested a change in status from a 9 month to a 12 month full time employee at the golf course, and an amendment to the current appropriations ordinance to increase expenditure authority for the Wastewater Treatment Plant Capital Projects. Motion by Murray, second by Seifert to approve. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Kehm, Shafer, and Solt voted aye. Sorensen, and Seifert voted nay. Motion carried. #94-049 - Transfer of Cornhusker Army Ammunition Plant to County. Councilmember Seifert reported that the Resolution provided for the City's support of the conveyance of the former Cornhusker Army Ammunition Plant property to Hall County and for communication to the Nebraska Congressional Delegation asking for support of the recommendation of the Cornhusker Army Ammunition Plant Reuse Committee as a means of assuming local control of the property. Doug O'Brien, 4245 Norseman, Jean Seely, 4230 Arizona, George Olson, 4233 Norseman Avenue, Paul Hamilton, 305 Cherokee, and John Wagoner, 1711 South Harrison, spoke on the issue. Motion by Seifert, second by Kehm, carried unanimously to approve. #94-050 - Adopting Rules Governing Meeting Procedures. City Clerk Cindy Cartwright read the proposed rules governing meeting procedures. Motion by Kehm, second by Murray to approve. Gene McCormick, 707 South Pleasantview, Bryan Pielstick 312 East 7th, John Wagoner, 1711 South Harrison, Lewis Kent, 624 East Meves, and Glendale Reiss, 910 North Boggs, spoke in opposition to the rules. Motion by Kehm, second by Solt, to call the question. Upon roll call vote, Johnson, Kehm, Shafer, and Solt voted aye. Seifert abstained. Preisendorf, Wit, Murray, Sorensen voted nay. Motion failed. Roll call vote was taken on motion to approve the Resolution. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Kehm, Shafer, and Solt voted aye. Seifert abstained. Sorensen voted nay. Motion carried. 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: #7983 - Creating Water Main District #414 T, State Street from North Road to Diers Avenue #7984 - Amending Electrical Ordinance #7985 - Creating Water Main District #415T, 13th Street from North Road to Outfall Ditch #7986 - Amending Appropriations Ordinance #7987 - Authorizing Conveyance of Lot 1, Sunset Eighth Subdivision to Jeffrey Oaks, Inc. #7988 - Amending Zoning Ordinance Relative to Construction and Operation of Wastewater Treatment Plants 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 I I I Page 8, City Council Regular Meeting, February 14, 1994 reading and final passage. Councilmember Shafer seconded the motion. After inviting questions or comments and there being none, Mayor Dobesh called for a roll call on the motion. Upon roll call vote, all voted aye. Clerk: Ordinances #7983, #7984, #7985, #7986, #7987, and #7988 on first reading. All those in favor of the passage, answer roll call. Upon roll call vote, all voted aye. Clerk: Ordinances #7983, #7984, #7985, #7986, #7987, and #7988 on final passage. All those in favor of the passage of the ordinances on their final passage, answer roll call. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Kehm, Seifert, Shafer, and Solt voted aye. Sorensen abstained. Motion carried. Mayor: By reason of the roll call votes on the first and final passage of said ordinances, Ordinances #7983, #7984, #7985, #7986, #7987, and #7988 are declared to be lawfully passed and adopted upon publication as required by law. CLAIMS: Motion by Murray, second by Johnson, carried unanimously to approve the claims in the amount of $2,239,322.50 as presented by the City Clerk. ADJOURNMENT: The meeting was adjourned at 10:25 p.m. Respectfully submitted, &no iA 4/ &AAiM f5~ CindY;" Iartw.J; City Clerk ' /'" I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING February 21, 1994 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, 100 East First Street, on February 21, 1994. Notice of the meeting was given in the Grand Island Independent on February 16, 1994. Mayor Dobesh called the meeting to order at 7:00 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt. The following City Officials were present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith Sinor and Public Works Director Wayne Bennett. PLEDGE OF ALLEGIANCE was said followed by INVOCATION given by Pastor Terry Brown. APPROVAL OF MINUTES. Motion by Preisendorf, second by Johnson, carried unanimously to approve the minutes of the City Council Regular Meeting of February 14, 1994. PUBLIC HEARINGS: Conditional Use Permit for Temporary Placement of Mobile Home. Craig Lewis, Building Inspections Director, reported that Mr. Gordon Lowe, on behalf of United Nebraska Financial Company, had submitted an application with the City Clerk's Office for a Conditional Use Permit for the placement of a modular building at 700 North Webb Road to be used to operate a banking facility, while a permanent building was being constructed. No public testimony was heard. Conditional Use Permit for Sand and Gravel Operation. Craig Lewis, Building Inspections Director, reported that Mr. Dave Nelson, on behalf of the owner, Sharon Baxter, 2921 West Highway 34, had submitted an application with the City Clerk's Office for a Conditional Use Permit for the establishment of a sand and gravel operation at 2921 West Highway 34. Mr. Lewis noted that the Planning Department recommended approval of the request, subject to specific conditions which included no material or fill of any type shall be placed in the delineated floodways crossing the property, the owner/operator shall remove existing blockage of a drainage channel coming into the property from the Stuhr Museum property and shall leave such drainage channel open through, to, and including the easterly end of the property, and the owner/operator would need to file an Erosion Control Plan when requesting a Flood Plain Development Permit from the Building and Planning Departments after Council approval of the requested Conditional Use Permit. No public testimony was heard. I I I Page 2, City Council Regular Meeting, February 21, 1994 Request of Sportsman's Bar. 501 North Pine Street. for Class "C" Liquor License. A Public Hearing was held on the request of Dennis Nelson, dba Sportsman's Bar, 501 North Pine Street, for a Class "c" Liquor License. City Attorney Keith Sinor introduced the following exhibits: Application for a Class "C" Liquor License filed with the Nebraska Liquor Control Commission and received by the City on February 3, 1994; notice to applicant of date, time, and place of hearing mailed on February 3, 1994; notice to general public of date, time, and place of hearing published on February 10, 1994; Chapter 4 of City Code; and departmental reports as required by City Code. Mr. Sinor indicated that request for this license had inadvertently been placed on the agenda for February 21, 1994. Mr. Nelson was present on behalf of the application. No public testimony was heard. E. DISCUSSION AND INFORMATION ITEMS: Parking Fines. Police Chief Watson presented a recommendation to increase $1.00 parking fines to $3.00 and to double the amount of all fines if not paid within the five day period set forth in City Code, in order to provide a stronger deterrent against violations. Governmental Educational Television Policies. Councilmember Seifert presented a proposal to establish additional guidelines for GITV relative to Council approval, campaign appearances, and gambling. Councilmember Sorensen spoke in support of the additional guidelines. Councilmembers Wit and Murray voiced concern relative to prior approval of all programming. Councilmembers Wit and Solt spoke in support of the Public Information Office scheduling programming. City Administrator Zachary Zoul noted that the community bulletin board was not limited to governmental educational and stated that when GITV is fully utilized, the Council would not have the capacity to view the volume of programming to be broadcast. Paul Hamilton, 305 Cherokee, Glendale Reiss, 910 North Boggs, and Jim Truell, 903 West Division, spoke on the issue. Governmental Services Television Network. City Clerk Cindy Cartwright provided information on Governmental Services Television Network, a video subscription service for local governments. REOUESTS AND REFERRALS: Receipt of Official Documents. Motion by Sorensen, second by Shafer, carried unanimously to receive and place on file the minutes of the Downtown Improvement Board Meeting of January 18, 1994, and the minutes of the Fire Station Study Committee (no date noted on minutes). Conditional Use Permit for Temporary Placement of Mobile Home. Motion by Sorensen, second by Johnson, carried unanimously to approve the request of Mr. Gordon Lowe, on behalf of United Nebraska Financial Company, for a Conditional Use Permit for the placement of a modular building at 700 North Webb Road, for a two year period of time. I I I Page 3, City Council Regular Meeting, February 21, 1994 Conditional Use Permit for Sand and Gravel Operation. Motion by Preisendorf, second by Wit, carried unanimously to approve the request of Mr. Dave Nelson, on behalf of the owner, Sharon Baxter, 2921 West Highway 34, for a Conditional Use Permit for the establishment of a sand and gravel operation at 2921 West Highway 34. It was noted that the motion to approve was contingent upon compliance with recommendations set forth by the Regional Planning Director. Request of Sportsman's Bar. 501 North Pine Street. for Class "C" Liquor License. Motion by Shafer, second by Kehm, carried unanimously to approve the request of Mr. Dennis Nelson for a Class "C" Liquor License for Sportman's Bar, 501 North Pine Street. Referral of Rezoning Request for 1600 Block of West Second Street to Regional Planning Commission. Keith Sinor, City Attorney, reported that there was no provision for zoning matters to come before the Council for referral to the Regional Planning Commission but that it was routinely done as a courtesy to provide for additional public and Council awareness of the request. Mr. Sinor reported that State law required that the request be referred to the Regional Planning Commission for a Public Hearing and recommendation and then returned to the City Council for review at a later date, at which time a Public Hearing would be conducted. John Meidlinger, 1122 West Division, spoke against the rezoning and delineated concerns relative to housing, traffic use, land use, property values, city beautification, and city awareness and pride. After considerable discussion, Councilmember Wit moved to take no action on the referral. Johnson seconded the motion. Following further discussion, Councilmember Wit amended his motion to refer the matter to the Regional Planning Commission with suggestions that the six concerns expressed be reviewed. Johnson seconded the motion. City Attorney Keith Sinor noted that the Council could not take any action to prohibit or influence the Regional Planning Commission in regard to the proposed rezoning request. John Wagoner, 1711 South Harrison, and Dan Placzek, 104 North Wheeler, spoke on the issue. Councilmember Wit withdrew the motion to refer the matter with review of the six suggestions, and returned to his original motion to take no action on the referral. Councilmember Johnson seconded the motion. Upon roll call vote, motion carried unanimously. Referral of Rezoning: Request for West of Independence Avenue and Highway 2 Intersection. Motion by Wit, second by Shafer, carried unanimously to take no action on the referral of this item to the Regional Planning Commission. Request for Variance to Driveway Setback. Public Works Director Wayne Bennett reported that Mr. Virgil Roush, had submitted a revised proposal for an exception to Council policy relative to driveway setback requirements for the property located at 704 West Third Street and noted that preliminary plans provided for a driveway located 30 feet from the east property line on Cleburn Street. Motion by Shafer, second by Solt to approve. Upon roll call vote, Preisendorf, Wit, Murray, Hosier, Seifert, Sorensen, Shafer, and Solt voted aye. Johnson and Kehm were absent at the time the vote was taken. Motion carried. I I I Page 4, City Council Regular Meeting, February 21, 1994 Requests for Use of Public Streets. Motion by Sorensen, second by Kehm, carried unanimously to approve the requests of the Messiah Lutheran Church, located at Seventh Street and Locust Street, for a Parade Permit for March 27, 1994, from 9:45 a.m. to 11 :00 a.m. and for the closing of Seventh Street, between Pine Street and Locust Street, from June 6, 1994 to June 10, 1994, from 8:00 a.m. to 12:00 p.m., in order to accommodate activities scheduled for Vacation Bible School students. Request of Police Department for Alcohol Training in City Hall. Police Chief Watson reported that the Police Department would be conducting a police staff training seminar entitled RAIDD (Recognizing Alcohol Impaired and Drugged Drivers) and that as part of the training process, volunteers would be required to consume alcohol over a period of time, and would be periodically tested by class participants for reaction responses. Mr. Watson noted that State law (53-186) permitted the consumption of alcohol in a public building, provided the alcohol was not open to the public or being sold. Motion by Solt, second by Shafer, carried unanimously to approve. RESOLUTIONS: #94-051 - Setting Date for Board of Equalization to Consider 1993 Weed Abatement Assessments. Motion by Seifert, second by Sorensen, carried unanimously to set the date of Board of Equalization to consider the 1993 Weed Abatement assessments. #94-052 - Awarding Bid for Purchase of Water Treatment Chemicals. Purchasing Agent Beth Griffiths reported that bids had been received for water treatment chemicals and consulting services for the boiler feedwater and plant cooling water systems at the Platte Generating Station, and that five bids were received, ranging from $12,835.68 to $35,919.67. Ms. Griffiths noted that one bid could not be considered inasmuch as the bid was based on old data. Ms. Griffiths stated that the low bid of $12,835.68 was submitted by Western Water Management. Motion by Solt, second by Shafer, carried unanimously to award the low bid to Western Water Management. #94-053 - A warding Bid for Purchase of Ambulance. Fire Chief Jim Rowell reported that bids had been received for the purchase of an ambulance to serve the Fire Department, Emergency Medical Division. The Purchasing Agent reported that three bids were received ranging from $43,772 to $47,739, and that a fourth bid had been received but could not be considered due to an invalid bid bond. Ms. Griffiths added that the low bid had been submitted by Wheeled Coach for a 1993 DLX model modular ambulance. Fire Chief Rowell stated that the Hall County Livestock Improvement Association (Fonner Park) had made a commitment with the City to fund $45,000 for the purchase of an ambulance to serve Grand Island, Hall County, and the surrounding area and that they would make an initial payment of $15,000 for the purchase of the ambulance, and Hall County would advance the remaining $30,000 with reimbursement from the Hall County Livestock Improvement Association. Discussion was held on the anticipated use of the existing ambulance and the equipment to be used for the new ambulance. Councilmember Seifert questioned the long haul transports and use of on duty staff. Chief I I I Page 5, City Council Regular Meeting, February 21, 1994 Rowell reported that primarily off duty personnel were used. Councilmember Wit suggested that outdated equipment be donated to neighboring towns. Motion by Solt, second by Shafer, carried unanimously to award the low bid for the ambulance to Wheeled Coach. #94-055 - Awarding Bid for Vehicles - State of Nebraska Contract. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had submitted a request for the purchase of nine vehicles for use by the Public Works and Utility Departments through the State of Nebraska Vehicle Contract and that the proposed purchases included five 1/2 ton 4x4 pick-ups, three 3/4 ton 4x4 pick-ups, and one compact four door sedan. Motion by Solt, second by Shafer, carried unanimously to approve. #94-054 - Interlocal Agreement Relative to Purchase of Ambulance. Fire Chief Jim Rowell reported that the Hall County Livestock Improvement Association (Fonner Park), had dedicated $45,000 towards the purchase of an ambulance to serve Grand Island, Hall County, and the surrounding area and that the contribution would be made over a three year period of time. Fire Chief Rowell stated that Hall County had agreed to assist in the purchase of the ambulance by advancing $30,000, pending receipt of funds from the Hall County Livestock Improvement Association and that an Interlocal Agreement providing for this was required. Motion by Preisendorf, second by Wit, carried unanimously to approve. #94-056 - Property Maintenance Measures. City Administrator Zachary Zoul explained that the City Council had, at the Meetings/Study Sessions of February 4, 1992, December 21, 1992, January 4, 1993, January 25, 1993, March 15, 1993, April 5, 1993, June 7, 1993, August 16, 1993, September 7, 1993, and January 4, 1994, reviewed the proposed Property Maintenance measures and that amendments had been made to the original recommendations to reflect the concerns of both Council and the public. Motion by Murray, second by Solt to approve. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Kehm, Seifert, Sorensen, and Solt voted aye. Hosier abstained. Shafer voted nay. Motion carried. ORDINANCES: Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that the ordinance numbered: #7989 - Amending City Code Relative to Cable Ordinance 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 Seifert seconded the motion. After inviting questions and comments and there being none, Mayor Dobesh called for a roll call vote on the motion. Upon roll call vote, all voted aye. I I I Page 6, City Council Regular Meeting, February 21, 1994 Clerk: Ordinance #7989 on first reading. All those in favor of the passage, answer roll call. Upon roll call, all voted aye. Clerk: Ordinance #7989 on final passage. All those in favor of the passage of the ordinance on its final passage answer roll call. Upon roll call vote, all voted aye. Mayor: By reason of the roll call votes on the first and final passage of said ordinances, Ordinance #7989 is declared to be lawfully passed and adopted upon publication as required by law. CLAIMS: Councilmember Sorensen requested that Claim #016876 to the University of Nebraska be acted on separately. Motion by Johnson, second by Solt, to approve claims in the amount of $962,277.27 except Claim #016876 in the amount of $600. Upon roll call vote, Preisendorf, Wit, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt voted aye. Murray abstained. Discussion was held on the payment of Claim #016876. Motion by Johnson, second by Preisendorf to approve. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Hosier, and Shafer voted aye. Kehm and Solt abstained. Seifert and Sorensen voted nay. Motion carried. ADJOURNMENT: The meeting was adjourned at 9:06 p.m. Respectfully submitted, tJMriM KL~~ Cindy ~.~ &rt~righl City Clerk -- I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING March 7, 1994 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, 100 East First Street, on March 7, 1994. Notice of the meeting was given in the Grand Island Independent on March 2, 1994. Mayor Dobesh called the meeting to order at 7:00 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt. The following City Officials were present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith Sinor, and Public Works Director Wayne Bennett. PLEDGE OF ALLEGIANCE was said followed by INVOCATION given by Pastor Timothy Kiser. APPROVAL OF MINUTES: Motion by Sorensen, second by Shafer, carried unanimously to approve the minutes of the City Council Regular Meeting of February 21, 1994. PROCLAMATIONS: City Clerk Cindy Cartwright reported that March 6-12, 1994 had been declared Job's Daughters Founders Week, March 13-19, 1994 had been declared Employ the Older Worker Week, March 20-25, 1994 had been declared Prayer Vigil Week, and March 1994 had been declared Mental Retardation and Developmental Disabilities Awareness Month. Conditional Use Permit for Placement of a Maintenance Building. Craig Lewis, Building Inspections Director, reported that Mr. Rick Johnson, on behalf of Central Waste Disposal, had submitted an application for a Conditional Use Permit to operate a truck storage and truck maintenance facility at 1905 Holland Drive in conjunction with the company headquarters. Rick Johnson, Doug Luth, and Attorney John Brownell, representing Central Waste, were present on behalf of the application. No other public testimony was heard. REQUESTS AND REFERRALS: License Agreement for Encroachment on Easement in Morningside Second Subdivision. Gary Mader, Utilities Director, reported that Mr. Jim Narber had submitted an application for a License Agreement to allow for the encroachment over an easement in the Morningside Acres Subdivision. Mr. Mader noted that applicant agreed to hold the City harmless if the property were disrupted to make repairs, maintain, or replace the existing electrical system, and that additional stipulations, including placing posts on the corner of each existing transformer to I I I Page 2, City Council Regular Meeting, March 7, 1994 prevent damage by vehicles, and assuming responsibility for repairing any erosion to the storm water detention cell caused by runoff from the development, had been agreed to by the applicant. Motion by Seifert, second by Kehm, carried unanimously to approve. Conditional Use Permit for Placement of Maintenance Building at 1905 Holland Drive. Motion by Johnson, second by Shafer, carried unanimously to approve the request of Central Waste Disposal for a Conditional Use Permit to operate a truck storage and truck maintenance facility at 1905 Holland Drive in conjunction with the company headquarters. Preliminary Study for Cherry Tree Villa Subdivision. Nelson Helm, Regional Planning Director, reported that Mr. Milan Bish of Grand Island had submitted a preliminary study for the Cherry Tree Villa Subdivision, a 14.840 acre tract of land located on the south side of State Street approximately 500 feet west of U.S. Highway 281. Mr. Helm recommended approval subject to minor adjustments in lot lines, relocation of a storage garage off the proposed electrical easement, and providing that the 25 foot common access easement be labeled 25 foot common access and utility access easement. Motion by Seifert, second by Shafer, carried unanimously to approve the Preliminary Study for Cherry Tree Villa Subdivision, subject to conditions set forth by the Regional Planning Department. Construction of Basketball Court in Stolley Park. Steve Paustian, Parks and Recreation Director, reported that Mr. Chris Allen, 2552 Del Monte Avenue, had submitted a request relative to the construction of a basketball court at Stolley Park in conjunction with an Eagle Scout project. Mr. Paustian noted that Mr. Allen proposed to raise funds for materials and labor to construct the court, which would be located directly east of the existing tennis courts, and that there would be no charge to the City. Motion by Sorensen, second by Seifert, carried unanimously to approve. Request to Place Repeal of Burning Ban Ordinance on Election Ballot. Councilmember Seifert requested that the repealing of the burning ban ordinance be placed on the election ballot. Councilmember Johnson expressed concern relative to restricting the open burning to two weekends, and spoke in support of waiving the fee at the composting facility during the spring and fall clean up days. Rick Johnson, Central Waste Disposal, spoke on the issue. Councilmember Murray spoke in support of waiving the fees at the compost site and landfill for one week in the spring and one week in the fall. Councilmember Seifert moved to amend the City Code by putting on the May primary ballot the issue of burning two weeks in the spring and two weeks in the fall, with approval of the Fire Chief. Wit seconded the motion and asked if the motion could include definitions of what could be burned, such as leaves, grass, and natural fibers, and restrict burning of construction wastes, plastics, or commercial burning. Councilmember Seifert concurred. Wayne Bennett, Public Works Director, reported that Legislative Bill 1207 provided for lifting the prohibition against yard waste in the Landfill during the winter months, thereby allowing citizens to dispose of small quantities during the winter with regular trash pickup. Mr. Bennett noted that, additionally, the Bill deleted tree branches and shrub trimmings from the definition of yard waste, which would allow those items to be mixed in with other trash and disposed of in the Landfill at all times. Motion by Johnson, second by I I I Page 3, City Council Regular Meeting, March 7, 1994 Murray to table further discussion to the next Study Session. Upon roll call vote, Preisendorf, Murray, and Johnson voted aye. Wit, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt voted nay. Motion failed. John Wagoner, 1711 South Harrison, spoke in support of placing the repealment on the ballot. Ruth Smith, 4201 Michigan Avenue, spoke in support of the burning ban. Harlan Horky, 1150 North Huston, spoke in support of placing the item on the ballot. City Attorney Keith Sinor noted that the original motion would not be acceptable as it would be misleading. Fire Chief Jim Rowell noted that State law prohibited burning without the consent of the local government, and stated that prior to the burning ban the local Fire Chief issued a burning permit, for the entire city, for Wednesdays and Saturdays. Gene McCormick, 707 South Pleasantview, Louise Miller, 1104 West Charles, Paul Hamilton, 305 Cherokee, and Melvin Bahensky, 4251 Branding Iron Court, spoke on the issue. Roll call vote was taken on the motion to place the repealing of the burning ban on the Election Ballot. Upon roll call vote, Wit, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt voted aye. Johnson abstained. Murray and Preisendorf voted nay. Motion carried. RESOLUTIONS: #94-057 - Reproduction of Audio and Video Tapes. Howard Maxon, Civil Defense/Communications Director, reported that the public was requesting copies of audio and video tapes of City Council Meetings and other GITV productions and it was necessary to establish a policy relative to the rate of charge for reproduction of the items. Motion by Sorensen, second by Murray, to approve rates of $5.00 per audio tape reproduction and $15.00 for videotape reproduction. #94-058 - Final Plat and Subdivision Agreement for Eagle View Subdivision. Nelson Helm, Regional Planning Director, reported that Mr. and Mrs. David Mohr, St. Libory, and Mr. and Mrs. Robert Ochsner, Box 82 Eagles Lake, had submitted the final plat for Eagle View Subdivision, a 1.779 acre tract of land located on the west side of Linden Avenue approximately 525 feet north of Bismark Road. Motion by Sorensen, second by Solt, carried unanimously to approve. #94-059 - Awarding: Bid for Wastewater Treatment Plant Expansion. Wayne Bennett, Public Works Director, reported that the Public Works Department had received bids for the Wastewater Treatment Plant Expansion Project and that eight bids were received ranging from $14,752,421 to $18,900,000. Mr. Bennett noted that the low bid was submitted by Natkin and Company of Omaha, in the amount of $14,752,421. Motion by Seifert, second by Johnson, carried unanimously to award the low bid to Natkin and Company. #94-060 - Awarding: Bid for Groundwater Monitoring for Sanitary Landfill. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for groundwater sampling and analysis services for the Landfill as required by the Nebraska Department of Environmental Quality. Ms. Griffiths reported that six bids were received ranging from $17,790 to $105,409, but that the low bid could not be considered inasmuch as it was determined that the bidder had made substantial errors in calculations and would not be able to perform in I I I Page 4, City Council Regular Meeting, March 7, 1994 accordance with specifications. Motion by Murray, second by Wit, carried unanimously to award the bid submitted to Jacobsen/Helgoth of Omaha, in the amount of $41,400. #94-061 - Awarding Bid for Storage Tank Painting. Gary Mader, Utilities Director, reported that the Purchasing Division had received bids for storage tank painting for the Utilities Department including preparation and painting of the Rogers Reservoir and Pump Station, three storage tanks at the Platte Generating Station, and two storage tanks at the Burdick Station. Purchasing Agent Beth Griffiths reported that six bids had been received ranging from $151,835 to $277,767, and that the low bid had been submitted by W.S. Bunch Company of Omaha, in the amount of $151,835. Motion by Shafer, second by Solt, carried unanimously to approve. #94-062 - Approving Placement of Sales Tax Renewal on Election Ballot. City Attorney Keith Sinor reported that the ballot proposition relative to sales tax, which was adopted at the special election in November 1989, provided that the proposal for the renewal of sales tax would be submitted to the electorate in May of 1994, however, it did not specifically state whether the 1994 election would be held in conjunction with the statewide primary conducted by the Election Commissioner or as a special election conducted by the City. The City Attorney added that the Hall County Election Commissioner had requested that the City adopt a Resolution relative to the sales tax election issue, and that Resolution #94-062 provided that the issue be submitted as part of the May, 1994 statewide primary. Councilmember Solt stated that if the City were going to dedicate the sales tax funds to be used for replacement of property tax, then it needed to be indicated as such. Councilmember Solt added that the subjective interpretation of indirect property tax relief to be the ability to expend dollars for other things as opposed to floating a bond issue, was not the original purpose of the public in enacting the one percent sales tax for the City of Grand Island. Councilmember Solt suggested that the language needed to be discussed relative to whether the dollars generated by the sales tax, if it was retained, would be used for direct replacement of property tax dollars, or be subject to an interpretive, indirect property tax relief connotation. Mr. Sinor stated that the original language on the ballot should be used. Motion by Murray to adopt #94-062. Second by Johnson. Glendale Reiss, 910 North Boggs, and Paul Hamilton, 305 Cherokee, spoke against sales tax renewal. John Wagoner, 1711 South Harrison, spoke on the issue. Councilmember Wit suggested that use of the sales tax funds should be addressed separately from approving the placement of the sales tax renewal on the election ballot inasmuch as the Council was honorbound to follow the language adopted by the public at the time the sales tax was approved. Councilmember Johnson requested that a friendly amendment be added stating that prior to the May primary, Council would put together a Five Year Capital Improvement Plan for the City for presentation to the public. Councilmember Murray accepted the amendment. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, and Shafer voted aye. Seifert, Sorensen, and Solt voted nay. Motion carried. ORDINANCES: Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that the ordinance numbered: I I I Page 5, City Council Regular Meeting, March 7, 1994 #7992 - Approving Bond Ordinance for Wastewater Treatment Plant Expansion 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. After inviting questions and comments and there being none, Mayor Dobesh called for a roll call vote on the motion. Upon roll call vote, all voted aye. Clerk: Ordinance #7992 on its first reading. All those in favor of the passage, answer roll call. Upon roll call vote, all voted aye. Clerk: Ordinance #7992 on final passage. All those in favor of the passage of the ordinance on its final passage, answer roll call. Upon roll call, all voted aye. Mayor: By reason of the roll call votes on first and final passage of said ordinances, Ordinance #7992 is declared to be lawfully passed and adopted upon publication as required by law. Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that the ordinance numbered: #7990 - Amending Salary Ordinance #7992 - Amending Chapter 22, Sections 103 and 104 of City Code Relative to Parking Fines 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 Salt seconded the motion. After inviting questions and comments and there being none, Mayor Dobesh called for a roll call vote on the motion. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, and Sorensen voted aye. Shafer was absent at the time the vote was taken. Solt abstained. Motion carried. Clerk: Ordinances #7990 and #7991 on their first reading. All those in favor of the passage, answer roll call. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, and Salt voted aye. Shafer was absent at the time the vote was taken. Clerk: Ordinances #7990 and #7991 on final passage. All those in favor of the passage of the ordinances on their final passage, answer roll call. Upon roll call, Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, and Solt voted aye. Shafer was absent at the time the vote was taken. I I I Page 6, City Council Regular Meeting, March 7, 1994 Mayor: By reason of the roll call votes on first and final passage of said ordinances, Ordinances #7990 and #7991 are declared to be lawfully passed and adopted upon publication as required by law. CLAIMS: Motion by Salt, second by Murray, carried unanimously to approve the claims in the amount of $1,029,863.86 as presented by the City Clerk. PUBLIC PARTICIPATION: Todd Munson, 616 West John Street, addressed the Council. Dave McCarthy, 1812 West John, spoke on GITV. ADJOURNMENT: The meeting was adjourned at 9:57 p.m. Respectfully submitted, ~.~ f\.~&i- Cindy K. Clt'twright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL SPECIAL MEETING March 17, 1994 Pursuant to due call and notice thereof, a Special Meeting of the City of Grand Island was conducted in the Council Chambers of City Hall, 100 East First Street, on March 17, 1994. Notice of the meeting was given in the Grand Island Independent on March 15, 1994. Mayor Dobesh called the meeting to order at 5:00 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt. The following City Officials were present: City Administrator Zachary Zoul, Deputy City Clerk Connie Wilkinson, City Attorney Keith Sinor, and Public Works Director Wayne Bennett. #94-064 - Placement of Open Burning Ban on May Primary Ballot. City Attorney Keith Sinor reported that, as a result of the Council vote on March 7, 1994 relative to placement of the burning ban on the May primary ballot, a Resolution and draft ordinance had been provided for this. Mr. Sinor voiced concern relative to the perception that all burning would be allowed. Fire Chief Jim Rowell stated that the Ordinance needed to include information relative to definitions of what could be burned. It was noted that the Ordinance should state that burning would be allowed two weeks in the fall and two weeks in the winter, not spring. After lengthy discussion, Wit made motion to approve Resolution #94-064 providing for the issuance of burning permits for leaves and brush during a two week period each winter and autumn. Second by Councilmember Seifert. Councilmember Solt offered a friendly amendment to change the time period for burning from two weeks in winter and autumn to two weekends in winter and autumn, specifically the first and second Saturday and Sunday in November and the first and second Saturday and Sunday in April. The amendment was not accepted, stating the smoke concentration level would be too high. Jack Roark 556 East 18th Street, Pat Neid, 604 East 14th Street, Dale Dey, 2421 Commerce Avenue, and Louise Miller, 1104 West Charles, spoke on the issue. Councilmember Seifert offered a friendly amendment to prohibit only leaves and grass at the landfill, not branches, limbs, and brush. Councilmember Johnson made a motion to table the issue of the burning ban, and moved to clarify the definition of yard waste in Resolution providing for the ban of yard waste in the landfill. Second by Seifert. Upon roll call vote, Preisendorf, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt voted aye. Wit, and Murray voted nay. Motion carried. Motion by Johnson, second by Solt to allow for the inclusion of branches at the landfill. Motion by Murray to table to a Study Session. Second by Councilmember Wit. Councilmember Johnson withdrew the motion and agreed to forward the issue to the next Study Session. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Hosier, and Shafer voted nay. Kehm, Seifert, Sorensen, and Solt voted aye. Motion fails. The original motion forwarded by Councilmember Wit, to place the issue of repealing the burning ban on the May primary ballot, was voted on. Councilmember Johnson noted, and I I I Page 2, City Council Special Meeting, March 17, 1994 Councilmember Preisendorf agreed, that they were not opposed to putting the issue on the ballot, but opposed the false impression it left with people relative to burning. Upon roll call vote, Wit, Hosier, Kehm, Seifert, Sorensen, and Solt voted aye. Preisendorf, Murray, and Shafer voted nay. Johnson abstained. Motion carried. ADJOURNMENT: The meeting was adjourned at 6:30 p.m. Respectfully submitted, fJn 11 if fJiJjw-, StJ r0 Connie Wilkinson Deputy City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL STUDY SESSION March 21, 1994 Pursuant to due call and notice thereof, a Study Session of the City of Grand Island was conducted in the Council Chambers of City Hall, 100 East First Street, on March 21, 1994. Notice of the meeting was given in the Grand Island Independent on March 16, 1994. Mayor Dobesh called the meeting to order at 7:00 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt. Wit was absent. The following City Officials were present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, Assistant City Attorney Lisa Thayer, and Public Works Director Wayne Bennett. Municipal Golf Course Operations. Steve Paustian, Parks and Recreation Director, Scott Brunzell, Golf Professional, and John Havlick, Golf Course Superintendent, provided information relative to the operations of the Municipal Golf Course. Bob Grennen, 2520 West Division; Al Grubbs, 1404 West John; and Al Mahoney, 2130 East Wildwood; spoke in support of additional funding for the golf course and presented concerns relative to shelters, and golf carts. City Administrator Zachary Zoul noted that all revenues from the golf course were retained in the golf course budget. Mr. Paustian proposed a meeting with all interested golf course users to address specific requests. Tri Cities Meeting Invitation. Councilmember Johnson suggested that a meeting of elected officials from Kearney, Hastings, and Grand Island be held in early June in an effort to open dialogue between the tri-cities and better enhance the relationship and interdependence amongst the cities. Youth Violence. Vikki Deuel of the Grand Island School System presented information on youth violence. City Entrance Signage. Councilmember Murray questioned the location Council had forwarded relative to city entrance signage. Mr. Murray noted that one of the two priority locations was the intersection of Highway 34 and South Locust and that if the South Locust Interchange were to be approved, the signage would need to be removed. Councilmember Preisendorf suggested moving that location further east. Councilmembers Preisendorf, Sorensen, and Solt proposed reconsideration of signage near the Industrial Park instead of at the intersection of Highway 34 and Highway 281. Councilmember Shafer noted that moving the location south would allow for future City growth. Downtown Parking Lot Maintenance. Downtown Development Director reported that the Page 2, City Council Study Session, March 21, 1994 I Downtown Development Department has always worked toward a zero-fault level of maintenance in the Downtown with the limited funding available. Ms. Kelley noted that she had contacted Mr. Ron York at the Nebraska Probation Office relative to assistance from individuals court-ordered to do community service. Ms. Kelley added that a plan was being developed whereby the Street Division would also sweep Downtown lots during their regularly scheduled sweeping of the Downtown streets. Councilmember Kehm commended Councilmember Solt and his son for assisting with litter control in the Downtown parking lot. Councilmember Preisendorf suggested that more rigorous patrolling of that area be done. Yard Waste Disposal. Public Works Director Wayne Bennett reported that Legislative Bill 1207, which defines yard waste as grass and leaves only, not tree and shrub trimmings, thereby allowing these items to be mixed in with other trash and disposed of in the landfill, had been introduced in the Nebraska Legislature and appeared likely to be enacted. Councilmember Johnson requested that the City Code definition of yard waste be amended to reflect the State law. Historic Building Preservation. Betty Kinzie, 803 West Louise, spoke against destruction of historic buildings. ADJOURNMENT. The meeting was adjourned at 9:20 p.m. I Respectfully submitted, &ffi~ I A KO>>JWJ;j1J- Cind~if Cartwright City Clerk I I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL SPECIAL MEETING March 21, 1994 Pursuant to due call and notice thereof, a Special Meeting of the City of Grand Island was conducted in the Council Chambers of City Hall, 100 East First Street, on March 21, 1994. Notice of the meeting was given in the Grand Island Independent on March 17, 1994. Mayor Dobesh called the meeting to order at 7:00 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Murray, Johnson, Hosier, Kehm, Sorensen, Shafer, and Solt. Wit and Seifert were absent. The following City Officials were present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, Assistant City Attorney Lisa Thayer, and Public Works Director Wayne Bennett. PUBLIC HEARING: Application of Peking Palace Chinese Restaurant, 3421 West State Street, #6, for Class "J" Liquor License. A Public Hearing was held on the request of Peking Palace Chinese Restaurant, 3421 West State Street, #6, for a Class "J" Liquor License. Assistant City Attorney Lisa Thayer introduced the following exhibits: Application for a Class "C" Liquor License filed with the Nebraska Liquor Control Commission and received by the City on March 3, 1994; notice to applicant of date, time, and place of hearing mailed on March 8, 1994; notice to general public of date, time, and place of hearing published on March 10, 1994; Chapter 4 of City Code, and departmental reports as required by City Code. The applicant was present on behalf of the application. No public testimony was heard. REOUESTS AND REFERRALS: Request of Peking Palace Chinese Restaurant. 3421 West State Street, #6, for Class "J" Liquor License. Motion by Sorensen, second by Kehm, carried unanimously to approve the request of the Peking Palace Chinese Restaurant. ADJOURNMENT. The meeting was adjourned at 7:02 p.m. Respectfully submitted, ~f\~~AkK ~lr=f Cindy I ;~:~~ri~- City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING March 28, 1994 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, 100 East First Street, on March 28, 1994. Notice of the meeting was given in the Grand Island Independent on March 23, 1994. Mayor Dobesh called the meeting to order at 7:00 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt. The following City Officials were present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith Sinor, and Assistant Public Works Director Bud Buettner. PLEDGE OF ALLEGIANCE was said followed by INVOCATION given by Pastor Dennis Hahle. APPROVAL OF MINUTES: Motion by Sorensen, second by Solt, carried unanimously to approve the minutes of the March 7, 1994 City Council Regular Meeting, March 17, 1994 City Council Special Meeting, March 21, 1994 City Council Special Meeting, and the March 21, 1994 City Council Study Session. PROCLAMATIONS: City Clerk Cindy Cartwright reported that April 3-10, 1994 had been declared Days of Remembrance of the Victims of the Holocaust; and March 28-April 3, 1994 had been declared as Community Development Week. BOARD OF EQUALIZATION: Motion by Solt, second by Johnson, carried unanimously to adjourn to the Board of Equalization. #94- BE-002 - Determining Benefits for Water Main District 409T. 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 409T. Mr. Mader stated that the district had been established on July 27, 1992 in order to provide a 20" Water Main on North Road, Hampton Road to Castle Estates and that construction had been completed in November, 1993. Glen Sorensen, Beatrice, spoke on the issue. Motion by Johnson, second by Murray, carried unanimously to approve. #94-BE-003 - Determining Benefits for Water Main District 410. 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 410. Mr. Mader added that the district had been established on July 27, 1992 in order to provide a 6" Water Main in Castle Estates and a 16" Water Main on Husker Highway and that construction had been completed in November, 1993. Motion by Johnson, second by Murray, carried I I I Page 2, City Council Regular Meeting, March 28,1994 unanimously to approve. PUBLIC HEARINGS: Request of Walgreens, Inc.. for Change of Land Use. This item was withdrawn from the agenda. Request of Martin Sod Farm for Change of Land Use. Nelson Helm, Regional Planning Director, reported that Mr. Kenneth Martin, Owner of Martin Sod Farm located at 4026 Lillie Drive, had submitted a request to rezone a parcel of property located on the west side of Independence Avenue and south of Highway 2, from a "TA" (Transitional Agricultural) Zone to a "B2" (General Business) Zone. Mr. Helm reported that the Regional Planning Commission recommended denial of the proposed land use zoning change inasmuch as the property was not in compliance with the adopted Comprehensive Land Use Plan. No public testimony was heard. Request for Conditional Use Permit for Salvage and Recycle Yard. Craig Lewis, Building Inspections Director, reported that Mr. Bill Baasch, owner of the property located at 2318 West Third Street, and Mr. Richard Maclill, operator of the proposed business, had submitted an application for a Conditional Use Permit to allow for the establishment of a salvage and recycling yard at 2318 West Third Street. Mr. Lewis noted that the City Council, at the meeting of August 23, 1993, denied a previous request of Mr. Maclill for this Conditional Use Permit, based on concern expressed relative to the location of the salvage operation and its proximity to the Second Street overpass. Mr. Lewis added that the request complied with the intent of the zoning code and would provide additional recycling opportunities for the community. Mr. Maclill was present on behalf of the application. Councilmembers Kehm and Johnson spoke in support of a recycling facility. Councilmember Preisendorf commended Mr. Macku for his cleanup efforts. Judy Lambertus, 1221 West First Street, spoke in opposition to the request. 1994 Community Development Block Grant Application. Ms. Jerenne 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 and that this was an annual application process through which cities with populations under 50,000 could apply for up to $350,000, in Community Development Block Grant funds. Ms. Garroutte stated that a proposed application seeking $350,000 to assist with the paving of Beal Street from 12th to 14th Street, 12th Street from vacated Poplar Street to Beal Street, and 13th Street from vacated Poplar Street to Beal Street, had been prepared, and that in addition to the paving activity, it was proposed to provide down payment assistance to six more new housing units to be constructed in the housing development. No public testimony was heard. I I I Page 3, City Council Regular Meeting, March 28, 1994 REOUESTS AND REFERRALS: Receipt of Official Documents. Motion by Shafer, second by Sorensen, carried unanimously to receive and place on file the minutes of the Library Board Meeting of February 7, 1994; the minutes of the Downtown Improvement Board Meeting of February 15, 1994, the minutes of the Regional Planning Commission Meeting of March 2, 1994, the minutes of the Civil Service Commission Meeting of March 10, 1994, and the minutes of the Fire Station Study Committee Meeting of March 22, 1994. Approval of Appointments. Motion by Sorensen, second by Kehm, carried unanimously to approve the appointment of Jack Johnson, Troy Spencer, Randy Leiser, Jim Price, Craig Lewis and Dean Mathis to the Electrical Board; Norm Nietfeldt, Mike McElroy, Craig Lewis, and Dave Scoggins to the Gas Fitters and Appliance Installers Board; Randall Stueven, Matt Preisendorf, Kevin Kirkland, Gene Rallens, Craig Lewis, and Dave Scoggins to the Plumbers Examining Board; and John O'Meara, Donald Skeen, Babe Kalkowski, and Steve Grubbs to the Building Code Advisory Board. Request for Conditional Use Permit for Operation of Salvage and Recycle Yard. Motion by Kehm, second by Preisendorf, to approve the request of Mr. Richard Macku and Mr. Bill Baasch for a salvage and recycling yard at 2318 West Third Street. It was noted that the facility must be enclosed by a fence at least 8' high. Upon roll call vote, Preisendorf, Wit, Murray, Hosier, Kehm, Sorensen, Shafer, and Solt voted aye. Johnson abstained. Seifert voted nay. Motion carried. Request of KSYZ for Fireworks Display at Fonner Park. Motion by Sorensen, second by Preisendorf, carried unanimously to approve the request of Mr. Jay Vavricek, General Manager of KSYZ 108 FM, for a Fireworks Display Permit for July 4, 1994, in conjunction with Independence Day festivities. License Agreement for Placement of Fence in Right of Way at 1930 North Custer. Assistant Public Works Director, Bud Buettner, reported that Mr. and Mrs. Joseph Johnson, 1930 North Custer, had submitted an application for a License Agreement to allow for encroachment onto the public right-of-way for construction of a fence immediately adjacent to a curb sidewalk. Mr. Buettner stated that the Public Works Department recommended denial of the request inasmuch as pedestrian safety would be affected while using this portion of the sidewalk. Motion by Preisendorf, second by Kehm to deny the request. Joseph Johnson, 1930 North Custer, spoke in support of the request. Upon roll call vote, Preisendorf, Murray, Johnson, and Kehm voted aye. Wit, Hosier, Seifert, Sorensen, Shafer, and Solt voted nay. Motion to deny failed. Motion by Shafer, second by Sorensen to approve the request. City Attorney Keith Sinor requested clarification from the Council relative to intended policy regarding license agreements and placement of fences in the public right of way. Councilmember Wit suggested that current practice be continued and that each individual request be reviewed by the Council. Upon roll call vote, Wit, Hosier, Seifert, Sorensen, Shafer, and Solt voted aye. Preisendorf, Murray, Johnson, Kehm voted nay. Motion to approve request for License Agreement carried. I I I Page 4, City Council Regular Meeting, March 28, 1994 License Agreement for Encroachment on Right of Way at 1118 North Eddy Street. Assistant Public Works Director Bud Buettner reported that Mr. and Mrs. Melvin Olston, Owners of the Ultra Look Styling Salon, 1118 North Eddy Street, had submitted an application for a License Agreement to allow for encroachment onto the public right-of-way inasmuch as a recent survey indicated that the building was approximately one foot into the Eddy Street right-of-way. Mr. Buettner noted that the Public Works Department recommended approval with the stipulation that the owner cease use of the right-of-way for parking purposes, and restore the curb. Mrs. Melvin Olston, spoke on behalf of the application. Motion by Sorensen, second by Johnson, carried unanimously to approve the request for the License Agreement, with the stipulation set forth by the Public Works Department. Request for Use of Public Streets. City Clerk Cindy Cartwright reported that Mr. Darrel Elgert, President of the GI Joggers, had submitted a request to utilize certain streets for the St. Francis/Sunny 108 Spring Fitness Classic to be held on Saturday, April 2, 1994; the Monfort Stampede to be held at Pier Park on Saturday, June 4, 1994; and the Bill Seymour Memorial Marathon to be held on Saturday, September 17, 1994, and that no departmental objections had been received. Motion by Sorensen, second by Kehm, carried unanimously to approve. Approval of Design and Locations for City Entrance Signage. City Clerk Cindy Cartwright reported that the City Entrance Signage Committee had selected the design and locations for entrance signage. Ms. Cartwright noted that the Council's two priority locations for signage were the intersection of Highway 34 and 281, and the intersection of South Locust Street and Highway 34. Councilmembers Preisendorf and Solt spoke in support of relocating the signage from the intersection of South Locust Street and Highway 34 to the intersection of Highway 34 and Shady Bend Road to allow for the possible South Locust interchange. Motion by Solt, second by Shafer, to approve the design for City Entrance signage, and that Highway 281 by the Industrial site, and the intersection of Highway 34 and Shady Bend Road be designated the top two priority locations. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Hosier, Seifert, Sorensen, Shafer, and Solt voted aye. Kehm voted nay. Motion carried. Request of Liederkranz for Special Designated Liquor Permit. Motion by Solt, second by Sorensen, carried unanimously, to approve the request of the Grand Island Liederkranz, 403 West First Street, for a Special Designated Permit to provide for the sale of alcoholic beverages in conjunction with a dance to be held in the Liederkranz ballroom on April 30, 1994 from 7 p.m. to 1 a.m. Request of Central Nebraska Ethnic Festival for Special Designated Liquor Permit. Motion by Seifert, second by Preisendorf, to approve the request of the Central Nebraska Ethnic Festival for a Special Designated Liquor Permit and for utilization of certain streets for the fourth annual Central Nebraska Ethnic Festival to be held July 22-24, 1994. Ms. Elizabeth Bernal was present on behalf of the application. Mark Myers, 820 South Harrison, spoke in support of the application. Upon roll call vote, Preisendorf, Murray, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt voted aye. Wit and Johnson voted nay. Motion carried. I I I Page 5, City Council Regular Meeting, March 28, 1994 RESOLUTIONS: #94-065 - Supporting State Level National Warning System. Howard Maxon, Communications/Civil Defense Director, reported that budget reductions at the federal level threaten the continuance of State level National Warning System (NA WAS) which is a statewide emergency communications system funded by the Federal government to disseminate emergency information to emergency warning centers statewide. Mr. Maxon stated that Resolution #94-065 supported the current configuration and method of funding for the State level NA WAS. Motion by Seifert, second by Solt, carried unanimously to approve. #94-066 - Adopting Policy Relative to Use of Sales Tax. Discussion was held on policy options relative to use of the sales tax. Councilmember Preisendorf moved to table the issue to the next Study Session. Seifert seconded the motion. Councilmember Johnson stated that the public was served by the City's planning future expenses. Councilmember Sorensen spoke against the Five Year Plan. Ty Romsa, 607 Stagecoach Road, spoke in support of the Five Year Plan. John Wagoner, 1711 South Harrison, and Glendale Reiss, 910 North Boggs, spoke against Capital Improvements Plan. Roxy Clark, 920 South Phoenix, spoke on the issue. Kris Nolan Brown, 1720 South Curtis, spoke in support of providing information to the citizens relative to a future spending plan. Motion to table carried unanimously upon roll call vote. #94-067 - Amending Insurance Contract Policy Relative to Utility Boiler and Machinery Coverage. Chuck Haase, Finance Director, reported that the City had utilized the firm of Protection Mutual Insurance Company since 1983 to provide boiler and machinery coverage for the Utilities Department and that as a result of a risk assessment review, it was recommended that amendments be made to increase the flood and quake sublimits and deductible and to allow an extension of the current policy period ending date from April 1, 1995 to August 1, 1995. Motion by Shafer, second by Solt to approve. Upon roll call vote, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt voted aye. Wit, and Preisendorf were absent at the time the vote was taken. A 10 minute recess was called at 8:45 p.m. #94-069 - Approving 1994 Community Development Block Grant Application. Motion by Solt, second by Preisendorf, carried unanimously to approve the 1994 Community Block Grant Application. #94-068 - Awarding Bid for Protective Relays. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of protective relays to serve the Utilities Department and that specifications for replacement units and one spare for each relay were prepared. Ms. Griffiths stated that two bids had been received in the amount of $34,961.75 and $35,741.02 and that a third bid had not been considered as it was incomplete. Ms. Griffiths added that the low bid had been submitted by General Electric Supply Company I I I Page 6, City Council Regular Meeting, March 28, 1994 of Omaha, Nebraska, in the amount of $34,961.75. Motion by Solt, second by Shafer, carried unanimously to award the low bid to General Electric Supply. #94-070 - Awarding Bid for Asbestos Removal Contract. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the removal of asbestos containing material in the Community Development property located at 1421 East 5th Street and that three bids were received ranging from $850 to $2,000. Ms. Griffiths noted that the low bid was submitted by Enviro-Clean of Grand Island in the amount of $850. Motion by Solt, second by Shafer, carried unanimously to award the low bid to Enviro-Clean. #94-071 - Awarding Bid for Demolition Contract. Beth Griffiths, Purchasing Agent, reported that bids were solicited for the demolition and site clearance of 221 East Third Street, following the removal of asbestos materials as required by State statute and that three bids were received, ranging from $32,440 to $57,400. Ms. Griffiths added that a fourth bid could not be considered inasmuch as the signature page was not signed and the bid was determined to be incomplete. It was noted that the low bid was submitted by Skeen Construction of Kearney, Nebraska. Motion by Solt, second by Shafer, carried unanimously to award the low bid to Skeen Construction. #94-072 - Approving Natural Gas Sales Agreement. Gary Mader, Utilities Director, reported that the Utilities Department had provided for gas needs at Burdick Station by direct solicitation to several gas suppliers as a result of deregulation of the natural gas industry several years ago and that presently, four supplies were included in the sales agreement. Mr. Mader stated that Interenergy Resources Corporation of Denver, Colorado had expressed an interest in inclusion in the fuel bidding and had executed the suppliers agreement. Motion by Solt, second by Shafer, carried unanimously to approve. #94-073 - Approving Water Park Architectural Services Contract Amendment. Steve Paustian, Parks and Recreation Director, reported that the City had received notice that the firm of Williams/Pollock! Associates, the engineering firm engaged to provide for the planning and engineering of the proposed Island Oasis Water Park expansion, had changed its name to Williams Associates Architects, Ltd., and that Resolution #94-073 provided that the engineering firm of Williams Associates Architects, Ltd. be approved to continue with the engineering contract for the expansion of Island Oasis Water Park. Motion by Shafer, second by Solt, carried unanimously to approve. #94-074 - Awarding Bid for Concept Plan for L.E. Ray Park Development. Steve Paustian, Parks and Recreation Director, reported that a request for proposals for the concept development plan for L. E. Ray Park was provided to four firms and one proposal, submitted by Olsson Associates, with a fee not to exceed $4,450, was received. Motion by Solt, second by Shafer, carried unanimously to approve. #94-075 - Awarding Bid for Fire Hydrants. Purchasing Agent Beth Griffiths reported that the Purchasing Division had received bids for the purchase of 35 fire hydrants for the Utilities I I I Page 7, City Council Regular Meeting, March 28, 1994 Department and that four bids were received ranging from $20,965 to $21,122.05. Ms. Griffiths added that the low bid was submitted by Utility Equipment Company of Grand Island. Motion by Solt, second by Shafer, carried unanimously to award the low bid to Utility Equipment Company. #94-076 - Awarding Bid for Asbestos Removal and Disposal/Pier Park. Steve Paustian, Parks and Recreation Director, reported that bids had been received for the removal of asbestos containing material at Pier Park Pool. Purchasing Agent Beth Griffiths reported that four bids had been received ranging from $8,500 to $18,000 and that the low bid was submitted by McGill Asbestos of Omaha, Nebraska; however it was determined after the bid opening that the specified quantities did not include the 2,900 square feet of asbestos containing material located on the women's bathhouse roof. Ms. Griffiths explained that in order to provide for this removal, a unit cost of $2.00 per square foot was applied to the original bid, resulting in an increase of the original bid to $14,300. Motion by Shafer, second by Solt, carried unanimously to award the low bid to McGill Asbestos. #94-077 - Awarding Bid for Water Main District 414T. Gary Mader, Utilities Director, reported that the Utilities Department had received bids for Water Main Project 414T, to serve developing areas adjacent to State Street, from North Road to Diers Avenue and that two bids had been received. Mr. Mader noted that the low bid was submitted by Diamond Engineering Company of Grand Island in the amount of $69,321.65. Motion by Solt, second by Shafer, carried unanimously to award the low bid to Diamond Engineering. #94-078 - Awarding Bid for S & C Switches. Purchasing Agent Beth Griffiths reported that the Purchasing Division had received bids for S & C Switches to serve the Utilities Department, Electric Line and Underground Divisions and that five bids were received ranging from $13,050 to $13,734. Ms. Griffiths noted that the low bid was submitted by Wesco of Grand Island. Motion by Solt, second by Shafer, carried unanimously to award the low bid to Wesco. #94-080 - Awarding Bid for Wastewater Treatment Plant Builders Risk Insurance Policy. Chuck Haase, Finance Director, reported that the general conditions of the construction contract with N atkin and Company set forth the requirements for bonds and insurance for the Wastewater Treatment Plant Expansion Project. Mr. Haase stated that quotations had been received from four insurance companies for the Builders Risk Insurance and that bids were evaluated based on price, coverage provided, best rating, and reputation of bidder. Mr. Haase reported that the bid from the St. Paul Insurance Company, provided through Ryder, Rosacker, McCue, and Huston of Grand Island, met the specifications without exception, with a lump sum price for coverage of $29,800. Motion by Solt, second by Shafer, carried unanimously to approve. #94-081 - Awarding Bid for Trencher. Purchasing Agent Beth Griffiths, reported that the Purchasing Division had received bids for a 1994 Trencher to be used by the Utility Department, Underground Division and that two bids were received ranging from $28,567 to $37,502.80. Ms. Griffiths noted that the low bid was submitted by Ditch Witch of Grand Island in the amount of $28,567. Motion by Solt, second by Shafer, carried unanimously to award the low I I I Page 8, City Council Regular Meeting, March 28, 1994 bid to Ditch Witch. #94-079 - Approving Budget Amendment. Chuck Haase, Finance Director, reported that the Finance Department had completed a number of amendments to the Fiscal Year 1993-1994 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. Haase noted that the revisions did not increase the overall appropriation level, but did transfer operating activity between funds. Discussion was held on the union contracts. City Administrator Zachary Zoul noted that there had been no lapse in the contracts. Motion by Solt, second by Preisendorf, carried unanimously to approve. #94-082 - Approving Revised Definition of Yard Waste. Assistant Public Works Director Bud Buettner, reported that in accordance with discussion held at the March 21, 1994 City Council Study Session, Resolution #94-082 set forth the definition of yard waste to be "grass and leaves" to conform with the language in Legislative Bi111207 and to allow other yard debris such as tree limbs and brush, to be disposed as part of the regular garbage service and, subsequently, placed in the landfill. Councilmember Kehm voiced concern relative to the rewording. Motion by Johnson, second by Seifert to approve. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Hosier, Seifert, Sorensen, Shafer, and Solt voted aye. Kehm voted nay. Motion carried. 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: #7994 - Creating Water Main District #416T, Platte Valley Industrial Site #7995 - Creating Sanitary Sewer District #47 6T, Platte Valley Industrial Site #7996 - Adopting Water Rate Increase Resulting from Unfunded Federal Mandates Relative to Backflow Prevention #7997 - Approving Assessments for Water Main District #410, Castle Estates Subdivision #7998 - Approving Conveyance of Homestead Program Property at 521 East 10th Street #8001 - Approving Vacation of Easements in Pleasant View Tenth Subdivision #8002 - Approving Vacation of Easement at 1520 West Third Street #8003 - Amending Chapter 8 of City Code Relative to Property Maintenance 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 Solt seconded the motion. After inviting questions or comments and there being none, Mayor Dobesh called for a roll call vote on the motion. Upon roll call vote, all voted aye. I I I Page 9, City Council Regular Meeting, March 28, 1994 Clerk: Ordinances #7994, #7995, #7996, #7997, #7998, #8001, #8002, and #8003, on their first reading. All those in favor of the passage, answer roll call. Upon roll call vote, all voted aye. Clerk: Ordinances #7994, #7995, #7996, #7997, #7998, #8001, #8002, and #8003, on their final passage. All those in favor of the passage of the ordinances on their final passage, answer roll call. Upon roll call vote, all voted aye. Mayor: By reason for the roll call votes on first and final passage of said ordinances, Ordinances #7994, #7995, #7996, #7997, #7998, #8001, #8002, and #8003 are declared to be lawfully passed and adopted upon publication as required by law. #8000 - Consideration of Change of Land Use from Transitional Agriculture to General Business for Property Located on the South Side of Highway 2 immediately West of Independence Avenue. Motion by Councilmember Shafer, second by Solt, carried unanimously to deny the request of Martin Sod Farm to rezone a parcel of property located on the west side of Independence Avenue and south of Highway 2, from a "TA" (Transitional Agricultural) Zone to a "B2" (General Business) Zone. CLAIMS: Motion by Murray, second by Preisendorf, to approve the claims in the amount of $2,051,619.53 as presented by the City Clerk. Councilmember Kehm abstained from Claim #017609; and Councilmember Solt abstained from Claim #017513. Upon roll call, Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Sorensen, Shafer, and Solt voted aye. Seifert abstained. Motion carried. PUBLIC PARTICIPATION: John Wagoner, 1711 South Harrison, spoke on the internship program. Lewis Kent, 624 East Meves, spoke on compo sting fees. Councilmember Johnson spoke in support of balancing the needs of the developers with the needs of the citizens relative to the request of the Capitol Development group. Jan Thayer, 2307 Stagecoach Road, spoke in support of reviewing purchasing policies. ADJOURNMENT: The meeting was adjourned at 9:59 p.m. Respectfully submitted, ~ C~~ht City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL STUDY SESSION April 4, 1994 Pursuant to due call and notice thereof, a Study Session of the City of Grand Island was conducted in the Council Chambers of City Hall, 100 East First Street, on April 4, 1994. Notice of the meeting was given in the Grand Island Independent on March 31, 1994. Mayor Dobesh called the meeting to order at 7:00 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, and Solt. Shafer was absent. The following City Officials were present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith Sinor and Assistant Public Works Director Bud Buettner. Report by Fire Station Study Committee. Ms. Jackie Pielstick and Mr. Gerald Collins of the Fire Station Study Committee, presented the Committee's recommendations relative to fire services. Ms. Pielstick reported that the Committee recommended that a fourth fire station, complete with ambulance service, be built in the area of 13th Street and North Road, and that the City hire nine employees in 1994-95; six employees in 1995-96; and six employees in 1996- 97. Mr. Collins noted that the Committee presented an alternative recommendation which did not include ambulance service at the fourth station, and reduced the number of employees hired. It was noted that the Committee also recommended routine maintenance be conducted at all existing stations. Councilmember Johnson suggested that the issue be referred to the next Study Session. Request for Reduction in Speed Limit on St. Paul Road from Fourth Street to Capital Avenue. Assistant Public Works Director Bud Buettner stated that the Public Works Department and the Police Department would conduct further study and evaluation of the request for reduction in speed limit on St. Paul Road. Terry Pielstick, 722 East 7th Street, spoke in support of the request. Councilmember Solt noted that signs would not deter traffic violators, but that rigorous enforcement would. Relocating Public Participation Portion of City Council Meeting Agenda. Mayor Dobesh stated that the Public Participation portion of the agenda should be rescheduled to earlier in the agenda in order to accommodate the public. Councilmember Sorensen requested that the item be placed on the April 11, 1994 City Council Meeting Agenda. Tree Debris Removal. Assistant Public Works Director Bud Buettner presented information on the pick up of tree limbs from the residence referred to at the March 28, 1994 City Council meeting. Mr. Buettner noted that the tree limbs in question were located along a private drive I I I Page 2, City Council Study Session, April 4, 1994 approximately 1/4 mile off Locust Street, and stated that the limbs were picked up on March 30, 1994. Proposed Use of Sales Tax Policy and Five Year Plan. Finance Director Chuck Haase provided information on the property tax and sales tax levels and the current taxation limit versus the proposed plan, as presented by Mayor Dobesh. Gene McCormick, 707 South Pleasantview, Dennis Benson, 1008 East Fifth, Harvey Larson, 1007 South Vine Street, Paul Hamilton, 305 Cherokee, Ty Romsa, 607 Stagecoach Road, and Fred Whitesides, 507 West Charles, Terry Pielstick, 722 West Seventh Street, and Jackie Pielstick, 722 East 7th Street, spoke on the issue. Gerald Collins, 2104 West 18th Street, stated that because the Council had reduced taxes significantly, they could face financial problems if the sales tax were repealed. Warren Edgehill, 417 Windolph, questioned what the City's financial position would be if the sales tax was repealed. Finance Director Haase reported that if there had not been a sales tax, the City's property tax revenue would be $7 million whereas with the sales tax, the property tax revenue was currently $4.5 million. Councilmember Kehm spoke in support of a detailed spending plan which provided proposed expenditures to the public. City Administrator Zachary Zoul reviewed the Five Year Plan and presented information on the use of sales tax for general fund, debt retirement, and capital improvements. Mark McCue, #1 Ponderosa Drive, spoke on behalf of the Citizens for Progress, and stated that the sales tax was vital to the City. Respectfully submitted, ~~fuM(DJ City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING April 11, 1994 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, 100 East First Street, on April 11, 1994. Notice of the meeting was given in the Grand Island Independent on April 6, 1994. Mayor Dobesh called the meeting to order at 7:00 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt. The following City Officials were present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith Sinor, and Public Works Director Wayne Bennett. PLEDGE OF ALLEGIANCE was said followed by INVOCATION given by Reverend Fred Gardner. APPROVAL OF MINUTES: Motion by Solt, second by Sorensen, carried unanimously to approve the minutes of the March 28, 1994 City Council Regular Meeting and the April 4, 1994 City Council Study Session. PRESENTATIONS AND PROCLAMATIONS: City Clerk Cindy Cartwright reported that April 11-18, 1994 had been declared Barbershop Harmony Week; April 17-23, 1994 had been declared National Library Week and April 20, 1994 had been declared Read Aloud Day. The Barber Shop Quartet performed in honor of Barbershop Harmony Week. BOARD OF EOUALIZATION: Motion by Sorensen, second by Shafer, carried unanimously to adjourn to the Board of Equalization. #94-BE-004 - Determining Benefits of 1993 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 Preisendorf, second by Johnson, carried unanimously to approve. RETURN TO REGULAR SESSION: Motion by Sorensen, second by Seifert, carried unanimously to return to regular session. PUBLIC HEARINGS: Request of Piney Ridge. dba Upper Deck Sports Club. for Class "C" Liquor License. Public Hearing was held on the application of Piney Ridge, dba Upper Deck Sports Club, 2110 West 2nd Street, for a Class "C" Liquor License. City Attorney Keith Sinor introduced the following I I I Page 2, City Council Regular Meeting, April 11, 1994 exhibits: Application for a Class "C" Liquor License filed with the Liquor Control Commission and received by the City Clerk on March 31, 1994, Notice to applicant of date, time, and place of hearing mailed on March 31, 1994, Notice to general public of date, time, and place of hearing published on April 2, 1994, Chapter 4 City Code; and departmental reports as required by City Code. Councilmember Kehm questioned the name change from the original application and the management structure. Allison Alfone, owner, was present on behalf of the application. No other public testimony was heard. DISCUSSION AND INFORMATION ITEMS: Review of Schedule of Corrective Measures for Oak Ridge Park. Craig Lewis, Building Inspections Director, reported on the Schedule of Corrective Measures for Oak Ridge Park which was approved by the City Council at the meeting of January 10, 1994. Mr. Lewis noted that the Building Inspections Department had inspected the site and had determined that compliance with the first scheduled deadline had only marginally been attained, and recommended that the first deadline be extended to April 30, 1994. Request of Eulen Whitten for Reconsideration of Conditional Use Permit for Temporary Placement of Mobile Home at 3234 Schimmer Drive. Craig Lewis, Building Inspections Director, reported that at the January 24, 1994 Meeting, the City Council denied the request of Mr. Eulen Whitten for the renewal of a Conditional Use Permit for the placement of a mobile home at 3234 Schimmer Drive, inasmuch as the Council, in 1992, renewed the Conditional Use Permit, but noted that no further renewals would be permitted. Mr. Whitten spoke on behlaf of the request. Motion by Councilmember Johnson, second by Preisendorf to reconsider the request of Mr. Eulen Whitten for renewal of Conditional Use Permit. Upon roll call, Preisendorf, Johnson, Hosier, Kehm, Seifert, and Sorensen voted aye. Wit was absent at the time the vote was taken. Shafer, Solt and Murray voted nay. Motion carried. Motion by Johnson, second by Preisendorf to renew the Conditional Use Permit for a period of one year. Upon roll call vote, Preisendorf, Murray, Johnson, Hosier, Kehm, and Sorensen voted aye. Wit was absent. Seifert, Shafer, and Solt voted nay. Motion to renew the Conditional Use Permit for one year carried. REQUESTS 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 Special Meeting of March 23, 1994, the minutes of the Grand Island Area Solid Waste Agency Meeting of March 28, 1994, and the Regional Planning Commission Consideration of Budget for 1994-1995 Fiscal Year. Request of Piney Ridge. 2110 West 2nd Street. for Class "C" Liquor License. Motion by Sorensen, second by Seifert, carried unanimously to approve the request of Piney Ridge, dba Upper Deck Sports Bar, 2110 West 2nd Street, for Class "C" Liquor License. I I I Page 3, City Council Regular Meeting, April 11, 1994 Approving Liquor Manager Designation for Piney Ridge. Motion by Preisendorf, second by Murray, carried unanimously to approve the request of Allison Alfone for Liquor Manager of Piney Ridge, dba Upper Deck Sports Club. Approving Liquor Manager Designation for DeMars Distributing. Motion by Preisendorf, second by Murray, carried unanimously to approve the request of Roy DeMars for Liquor Manager of DeMars Distributing, 236 West Roberts. License Agreement for US West for Use of Transmission Easement. Gary Mader, Utilities Director, reported that Mr. Gary Wilson, Engineer for U.S. West Communications, had submitted an application for a License Agreement to allow for encroachment onto the power transmission line easement. Motion by Seifert, second by Sorensen, carried unanimously to approve. License Agreement for Capitol Group. Inc.. West Second Street. for Paving Public Right of Way. Wayne Bennett, Public Works Director, reported that Mr. Tamas Allan, President of Capitol Group, Inc., had submitted an application for a License Agreement to allow for paving over the alley and portions of the Monroe Street public right-of-way to facilitate the development of the two half blocks facing Second Street between Broadwell Street and Madison Street. Dave and Carol Janda, 1508 West First Street, requested at Council delay action until neighbors had an opportunity to meet with Walgreens. Howard Peterson, 1522 West First Street, and Margaret Williams, 211 South Lincoln, spoke on the issue. John McDermott, and Tamas Allen, representing Capitol Group, spoke in support of the request. Motion by Wit, second by Preisendorf to close debate on the issue. Upon roll call vote, Preisendorf, Wit, Murray, Hosier, Kehm, Seifert, and Sorensen voted aye. Johnson, Shafer, and Solt voted nay. Motion carried. Motion to approve the request was made by Councilmember Wit, and seconded by Councilmember Preisendorf. Motion carried unanimously. Relocating Public Participation during City Council Meetings. Mayor Dobesh and Councilmember Sorensen spoke in support of relocating the public participation segment of the Council agenda to ahead of the Ordinances. Motion by Sorensen, second by Seifert to approve the relocation. Councilmember Johnson moved to amend the motion to move the Public Participation segment to immediately before payment of claims . John Wagoner, 1711 South Harrison, and Linda Kahler, 1720 Grand Island Avenue, spoke on the issue. Councilmember Wit suggested that a handout outlining meeting protocol be made available to assist and educate the public. Councilmember Johnson moved to amend his motion to include renaming "Public Participation" as "Public Discussion of Non Agenda Items". Second by Wit. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Hosier, and Kehm voted aye. Seifert, Sorensen, Shafer, and Solt voted nay. Motion carried. Approving Integrated Solid Waste Management Work Plan. Wayne Bennett, Public Works Director, reported that State law required each county and municipality to submit an Integrated Solid Waste Management Plan to the Department of Environmental Quality by October 1, 1994, and that the Public Works Department had developed a work plan to accomplish this. Motion I I I Page 4, City Council Regular Meeting, April 11, 1994 by Murray, second by Johnson to approve. Upon roll call vote, Preisendorf, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, and Solt voted aye. Shafer and Wit were absent at the time the vote was taken. RESOLUTIONS: #94-066 - Adopting Policy Relative to Use of Sales Tax. Discussion was held on the development of a policy governing the future use of sales tax funds. John Wagoner, 1711 South Harrison, Louise Miller, 1104 West Charles, Glendale Reiss, 910 North Boggs, spoke on the issue. Councilmember Johnson spoke in support of the five year plan and moved to adopt Resolution #94-066 as submitted by the staff, but establishing the mill levy at the current level for the coming fiscal year, and excluding federal mandates and public safety items. Murray seconded the motion. City Attorney Keith Sinor stated that the Council could not transfer power to the citizens and that the Resolution would not bind future Councils. Motion by Seifert to table indefinitely. Second by Sorensen. Upon roll call vote, Preisendorf, Wit, Hosier, Kehm, Seifert, and Sorensen voted aye. Shafer was absent at the time the vote was taken. Solt, Murray and Johnson voted nay. Motion carried. #94-083 - Approving Final Plat and Subdivision Agreement for Jeanette Subdivision. Nelson Helm, Regional Planning Director, reported that Mr. and Mrs. Stanley Petersen of Grand Island had submitted the final plat for Jeanette Subdivision, a 1.734 acre tract of land located on the west side of North Road, immediately south of Lillie Drive. Motion by Sorensen, second by Seifert, carried unanimously to approve. #94-084 - Approving Final Plat and Subdivision Agreement for Kelley's Subdivision. Nelson Helm, Regional Planning Director, reported that Mr. Howard Kelly of Grand Island, and Mr. and Mrs. Melvin Olston of Chapman, had submitted the final plat for Kelley's Subdivision, a 20,909 square foot tract of land located on the west side of Eddy Street immediately south of 12th Street. Mr. Helm recommended that the plat be approved with a waiver to permit the sub- sized lot. Motion by Sorensen, second by Seifert, carried unanimously to approve. #94-085 - Approving Final Plat and Subdivision Agreement for Knott's Second Subdivision. Nelson Helm, Regional Planning Director, reported that Mr. Ronnie Knott, Knott's Inc., of Grand Island had submitted the final plat for Knott's Second Subdivision, a 13,068 square foot tract of land located on the south side of Fourth Street, approximately 198 feet west of Pine Street. Mr. Helm recommended approval of the plat with a waiver to permit the sub-sized width. Motion by Sorensen, second by Seifert, carried unanimously to approve. #94-086 - Approving Final Plat and Subdivision Agreement for Morningside Acres Third Subdivision. Nelson Helm, Regional Planning Director, reported that Mr. James Beltzer and Mr. Stephen Beltzer, Riverside Investments, Inc., of Grand Island, had submitted the final plat for Morningside Acres Third Subdivision, a 10.992 acre tract of land located on both sides of Riverview Drive approximately 420 feet north of Stagecoach Road. Motion by Sorensen, second by Seifert, carried unanimously to approve. I I I Page 5, City Council Meeting, April 11, 1994 #94-087 - Approving Final Plat and Subdivision Agreement for Park Island Square Second Subdivision. Nelson Helm, Regional Planning Director, reported that Mr. Wilbur Breslin, Partner of Breslin Grand Island Associates, of Garden City, New York, had submitted the final plat for Park Island Square Second Subdivision, a 5.197 acre tract of land located on the west side of U.S. Highway 281 approximately 800 feet south of 13th Street. #94-088 - A warding Bid for Sanitary Sewer Television Inspection Contract 94- TV-I. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for inspectional and cleaning services associated with approximately 51,864 and 28,948 lineal feet, respectively, of sewer line in various locations throughout the City, and that one bid was received in the amount of $33,019.24. Motion by Sorensen, second by Johnson, carried unanimously to award the low bid to Johnson Service Company of Osceola in the amount of $33,019.24. #94-089 - Awarding Bid for Miscellaneous Electrical Items. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of miscellaneous electrical items to serve the Utilities Department, Electric Line and Underground Divisions, and that bids were submitted by five vendors offering pricing for 11 electrical line items. Ms. Griffiths noted that eight 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 was submitted by Husker Electric of Lincoln in the amount of $14,132.45 plus tax. Motion by Sorensen, second by Johnson, carried unanimously to award the low bid to Husker Electric. #94-090 - Awarding Bid for Wooden 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 noted that three bids were received, however, one bid could not be considered inasmuch as required information was not submitted, and that the bids for the balance of poles ranged from $416.25 to $441, and $767.25 to $769 each respectively. Motion by Sorensen, second by Johnson carried unanimously to award the low bid to Larsen Marketing of Lincoln in the total amount of $18,650.25. #94-091 - Awarding Bid for Mechanical Socket Meters. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of mechanical socket meters to serve the Utilities Department - Electric Line Division, and that bids were solicited from five bidders, however, one bid did not meet specifications and could not be considered. Ms. Griffiths noted that the bids ranged from $24,600 to $30,978, and that the low bid was submitted by Wesco of Grand Island. Motion by Sorensen, second by Seifert, carried unanimously to award the low bid to Wesco. #94-092 - Awarding Bid for Water Main District 415T. Gary Mader, Utilities Director, reported that the Utilities Department had received bids for Water Main Project 415T, to serve developing areas on 13th Street, from North Road to the outfall ditch and that improvements consisted of a 16" water trunk line. Mr. Mader noted that two bids were received ranging from I I I Page 6, City Council Regular Meeting, April 11, 1994 $134,094.30 to $149,150, and that the low bid was submitted by Diamond Engineering Company of Grand Island. Motion by Sorensen, second by Seifert, carried unanimously to award the low bid to Diamond Engineering. #94-094 - Awarding Bid for Generator Rotor Rebuild. Gary Mader, Utilities Director, reported that the Utilities Department had received bids for repair of the Burdick Unit #2 generator rotor and that four bids were received ranging from $186,944 to $379,000. Mr. Mader noted that the low bidder, Thorpe Electric of Sioux City, Iowa, specialized in large motor repair and had no previous experience with steam turbine generators or in the repair of electrical equipment of this type, voltage, or size. Mr. Mader stated that the second lowest bid was submitted by MagnaTek of Columbus, Ohio, in the amount of $191,895 and added that MagnaTek had extensive experience in large Utility generator repair and was a nationally recognized firm specializing in power generating equipment repair. The Utilities Department recommended that the bid be awarded to the lowest qualified bidder, MagnaTek of Columbus, Ohio, in the amount of $191,895. Motion by Sorensen, second by Johnson, carried unanimously to award the bid to MagnaTek. #94-095 - Awarding Bid for Building Demolition. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the demolition of the Community Development property located at 1421 East 5th Street, which was acquired under the Voluntary Acquisition Program and that four bids were received ranging from $2,250 to $6,000. Motion by Sorensen, second by Johnson, carried unanimously to award the low bid to Mike Galvan Construction of Grand Island, in the amount of $2,250. #94-096 - Awarding Bid for Recycling Trailers. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for two recycling trailers to serve the Public Works Department, Landfill Division. Ms. Griffiths stated that four bids were received ranging from $9,338 to $15,672, and that the low was submitted by S & S Welding of Bartlesville, Oklahoma. Motion by Sorensen, second by Johnson, carried unanimously to award the low bid to S & S Welding. #94-097 - Authorizing: Renewal of Agricultural Leases. Utilities Director Gary Mader reported that Utilities Department properties not required for actual facilities were leased for farming purposes to eliminate maintenance and provide additional revenue. Mr. Mader added that all leases were for a one year term. Councilmember Solt asked if the rates reflected the consumer price index. Motion by Wit, second by Preisendorf, carried unanimously to approve the leases with Jack Webb, Charles McDonald, Kenneth Claussen, and Larry Knuth. 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: #8004 - To Levy Assessments for 1993 Abatement Program I I I Page 7, City Council Regular Meeting, April 11, 1994 #8005 - Authorizing Vacation of Easement for Park Island Square #8006 - Approving Sale of Utility Property at Webb Road and Faidley Avenue #8007 - Authorizing Vacation of Portion of Monroe Street and Alleyway 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. Margaret Williams, 211 South Lincoln, Mike Wanek, 1424 Stagecoach Road, and Louise Miller, 1104 West Charles, Howard Peterson, 1522 West First Street, and John Meidlinger, 1122 West Division, spoke on the vacation of portion of Monroe Street. Councilmember Solt noted that Neighborhood Associations were an effective way for residents to voice and resolve concerns with developers. Upon roll call vote on the motion to suspend the rules, all voted aye. Clerk: Ordinances #8004, #8005, #8006, and #8007 on their first reading. All those in favor of the passage, answer roll call. Upon roll call vote, all voted aye. Clerk: Ordinances #8004, #8005, #8006, and #8007 on their final passage. All those in favor of the passage of the ordinances on their final passage, answer roll call. Upon roll call vote, all voted aye. Mayor: By reason of the roll call vote on first and final passage of said ordinances, Ordinances #8004, #8005, #8006, and #8007 are declared to be lawfully passed and adopted upon publication as required by law. CLAIMS: Motion by Preisendorf, second by Solt, carried unanimously to approve the claims in the amount of $1,094,710.69 as presented by the City Clerk, Councilmember Solt abstained from voting on Claim #018320; and Councilmember Preisendorf abstained from voting on Claim #018145. ADJOURNMENT: The meeting was adjourned at 10:32 p.m. R~ SU~fuA1 LJ-. Cindy K. Cartwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL STUDY SESSION April 18, 1994 Pursuant to due call and notice thereof, a Study Session of the City of Grand Island was conducted in the Council Chambers of City Hall, 100 East First Street, on April 18, 1994. Notice of the meeting was given in the Grand Island Independent on April 14, 1994. Mayor Dobesh called the meeting to order at 7:00 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Wit, Murray, Johnson, Kehm, Seifert, Sorensen, Shafer, and Solt. Hosier was absent. The following City Officials were present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith Sinor, and Public Works Director Wayne Bennett. Fire Services. Chuck Haase, Finance Director, presented a financial impact analysis of the Fire Station Committee recommendations, which included the annual cost per homeowner with the construction and operation of a new fire station. Gene McCormick, 707 South Pleasantview Drive, Paul Hamilton, 305 Cherokee, and Gerald Collins, 2103 West 18th Street, spoke on the issue. Councilmember Johnson asked staff to prepare alternative sources of funding for the next Study Session. Reduction in Speed Limit on St. Paul Road from Fourth Street To Capital Avenue. Public Works Director Wayne Bennett presented information on the request for reduction in speed limit on St. Paul Road from Fourth Street to Capital Avenue. Mr. Bennett explained that the Public Works Department recommended maintaining the speed limit on St. Paul Road from Fourth Street to Capital A venue at 30 mph, inasmuch as a study conducted indicated the average speed traveling that section of road was 36.7 mph. Mr. Bennett stated that drivers travel at a speed which they subconsciously feel safe. Councilmembers Sorensen and Solt spoke in support of a 25 mph speed limit. Councilmember Johnson asked that the request be placed on the April 25, 1993 City Council Meeting Agenda. Victim Witness Assistance Program. Police Chief Gene Watson presented information on a Victim Witness Assistance Program which would assist crime victims with impact statements, crime compensation, and felony release notification, as well as assist them through the criminal justice process. Earl Wilson, 2323 Bellwood Drive, spoke on the issue. Councilmember Solt requested that a Resolution of Support be placed on the April 25, 1994 City Council Meeting Agenda. Partners for Community Planning Assistance. Chuck Haase, Finance Director, reported on the request of Partners for Community Planning for funding assistance to help with administrative costs. I I I Page 2, City Council Study Session, April 18, 1994 Cemetery Land Acquisition and Cemetery Roads. Steve Paustian, Parks and Recreation Director, reported on the request for paving of cemetery roads. Mr. Terry Loeschen, 2101 Stagecoach Road, was present on behalf of the request. Councilmember Preisendorf noted that there appeared to be a drainage problem with the cemetery roads. Discussion was held on cemetery land acquisition. Mr. Paustian delineated the two options available to the City. Chuck Haase, Finance Director, noted that the permanent care fund could not be used for the purchase of property. Sales Tax Plan and Policy. Discussion was held on the proposed sales tax plan and policy. Councilmember Solt spoke in support of adopting a Resolution and requested that the Resolution be revised to incorporate the changes suggested by the Council. Mayor Dobesh spoke against further discussion on the sales tax issue. Councilmember Kehm noted that the public wanted input on the plan and spoke in support of public hearings. Earl Wilson, 2323 Bellwood Drive, and Gene McCormick, 707 South Pleasantview, Mark McCue, #1 Ponderosa Drive, spoke on the issue. Councilmember Sorensen questioned what the tax base increase from 1989 was. City Administrator Zachary Zoul noted that the Resolution was a statement of policy which set forth guidelines on how the sales tax would be used. After lengthy discussion, Councilmember Solt requested that the revised Resolution be forwarded to the April 25, 1994 City Council meeting for action. Pension Plan Policy. Chuck Haase, Finance Director, reported that Carol Nowka, a certified financial planner, had requested an allowance for an exception to the City's existing pension plan policy. Ms. Nowka was present on behalf of the request. No further action was taken. Request for Stop Sign at Stagecoach Road Intersection. Wayne Bennett, Public Works Director, presented information on the request of residents of the Regency by the Green Subdivision for a stop sign at the intersection of Stagecoach and Stagecoach. Craig Paro, 2110 Stagecoach Road, Steve Stec, 2318 Stagecoach Road, Aaron Bach, Chisholm Trail Circle, and Jerry Huismann, 2410 Sante Fe Circle, spoke in support of the request. City Attorney Keith Sinor cautioned the Council to consider liability if the traffic control did not meet national standards. ADJOURNMENT: 10:06 p.m. Respectfully submitted, tW((iu (0dv4hL6W~ Cindy -K~OCartwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING April 25, 1994 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, 100 East First Street, on April 25, 1994. Notice of the meeting was given in the Grand Island Independent on April 20, 1994. Mayor Dobesh called the meeting to order at 7:00 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt. The following City Officials were present: City Administrator Zachary Zoul, 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 Vicar Scot Kiniman, Trinity Lutheran Church. APPROVAL OF MINUTES: Motion by Solt, second by Preisendorf, carried unanimously to approve the minutes of the April 11, 1994 City Council Regular Meeting, and the April 18, 1994 City Council Study Session. PRESENTATIONS AND PROCLAMATIONS: City Clerk Cindy Cartwright reported that April 24-30, 1994 had been declared National Credit Education Week, and April 29, 1994 had been proclaimed Arbor Day. City Sales Tax Presentation. Mark McCue, Jerry Milner, and Dave Weatherilt, representing the Citizens for Progress Committee, presented information on the City Sales Tax. PUBLIC HEARINGS: Renewal of Conditional Use Permit for Temporary Placement of Mobile Home at 1220 East Capital Avenue. Craig Lewis, Building Inspections Director, reported that Mr. Kenneth Knox, of Knox Construction, had 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 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 added that because the temporary mobile home had been in place for the last 14 years, the intent of the code was not being met. Mr. Lewis recommended that the request for renewal be granted for a 12 month period to allow alternate arrangements to be made. No public testimony was heard. Renewal of Conditional Use Permit for Temporary Placement of Mobile Home at 1503 East 8th Street. Craig Lewis, Building Inspections Director, reported that Mr. Bob Leetch, 1503 East 8th Street, had submitted an application for the renewal of a Conditional Use Permit for the temporary placement of a mobile home at 1503 East 8th Street, to be used while remodeling a house. Mr. Bob Leetch was present on behalf of the application. No further public testimony was heard. I I I Page 2, City Council Regular Meeting, April 25, 1994 Renewal of Conditional Use Permit for Sand and Gravel Operation. Nelson Helm, Regional Planning Director, reported that Mr. and Mrs. Larry Knuth, 3554 West Wildwood Drive, had submitted an application for the continuation of a sand and gravel operation at 3554 West Wildwood Drive. Mr. Helm noted that a Conditional Use Permit had been issued by the City Council on May 22, 1989 with an expiration date of May 22, 1994. Mr. Helm noted that a substantial amount of excavated sand and gravel was being stored within the delineated floodway, which was a violation of the current permit. Mr. Helm recommended that if the renewal request was approved, it be subject to specific conditions. No public testimony was heard. REOUESTS AND REFERRALS: Receipt of Official Documents. Motion by Shafer, second by Sorensen, carried unanimously to receive and place on file the 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, G.!. Loan and Pawn, and the Third Street Emporium, the minutes of Police/Fire Pension Committee Meeting of December 14, 1993, the minutes of the Police/Fire Pension Committee Meeting of January 5,1994, the minutes of the Library Board Meeting of March 7,1 994, the minutes of the Downtown Improvement Board Meeting of March 15, 1994, the minutes of the Regional Planning Commission of April 6, 1994, and the minutes of the Board of Health of April 20, 1994. Request for No Parking Zone at 301 East Third Street. Motion by Johnson, second by Sorensen, carried unanimously to approve the request of Mr. Bill Thorngren, on behalf of the Grand Generation Center, located at 304 East Third Street, for a no parking space at 301 East Third Street for use as a loading and unloading zone. Request for License Agreement for Placement of Fence in Easement. Utilities Director Gary Mader reported that Mr. Claude Terrill, on behalf of Pinewood Homeowners Association, had submitted an application for a License Agreement to erect a fence over the utility easements located along the west property line of Lots 34-38 of the Brentwood Third Subdivision. Mr. Mader noted that the easements were used for the installation and maintenance of underground electric, telephone, and cable television systems. Motion by Solt, second by Murray, to deny the request. Upon roll call vote, Preisendorf, Murray, Johnson, Hosier, Kehm, Seifert, Shafer, and Solt voted aye. Sorensen voted nay. Motion carried. Request for Use of Public Streets for Nurses Walkathon. Motion by Sorensen, second by Kehm, carried unanimously to approve the request of Ms. Jan Amundson, on behalf of the Nebraska Nurses Association, to utilize certain streets for the "Nurses Walk" on May 6, 1994 from 11:30 a.m. to 12:00 noon. Request for Use of Public Streets for Harvest of Harmony Parade. Motion by Sorensen, second by Kehm, carried unanimously to approve the request of Chairman Alicia Haussler, on behalf of the Harvest of Harmony Committee of the Grand Island Area Chamber of Commerce, for a Parade Permit for Saturday, October 1, 1994 from 8:00 a.m., to approximately 11:30 a.m. for the Harvest of Harmony parade. Request for Renewal of Conditional Use Permit for Temporary Placement of Mobile Home at 1220 East Capital Avenue. Motion by Seifert, second by Kehm to approve the request for I I I Page 3, City Council Regular Meeting, April 25, 1994 renewal of the Conditional Use Permit for Temporary Placement of a mobile home at 1220 East Capital Avenue for a twelve month period of time. Upon roll call vote, Preisendorf, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, and Solt voted aye. Shafer voted nay. Motion carried. Request for Renewal of Conditional Use Permit for Temporary Placement of Mobile Home at 1503 East 8th Street. Motion by Seifert, second by Kehm to approve the request for renewal of the Conditional Use Permit for Temporary Placement of a mobile home at 1503 East 8th Street for a twelve month period of time. Upon roll call vote, Preisendorf, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, and Solt voted aye. Shafer voted nay. Motion carried. Referral of Rezoning of Property at Southeast Corner of Faidley Avenue and Webb Road. Motion by Preisendorf, second by Shafer, carried unanimously to refer to the Regional Planning Commission the request for rezoning of the property located at the southeast corner of Faidley Avenue and Webb Road. Request for Speed Limit Reduction on Saint Paul Road - Fourth Street to Capital Avenue. Discussion was held on the request for speed limit reduction on Saint Paul Road from Fourth Street to Capital A venue. Motion by Preisendorf, second by Murray to deny the request for speed reduction. Upon roll call vote, Preisendorf, Murray, Kehm, and Solt voted aye. Johnson, Hosier, Seifert, Sorensen, and Shafer voted nay. Motion failed. Motion by Sorensen, second by Seifert to approve the request for speed limit reduction. Upon roll call vote, Preisendorf, Johnson, Hosier, Seifert, Sorensen, Shafer, and Solt voted aye. Murray and Kehm voted nay. Motion carried. RESOLUTIONS: #94-035 - Conditional Use Permit for Sand and Gravel Operation at 3554 West Wildwood Drive. Motion by Shafer, second by Solt, carried unanimously to approve the request of Mr. and Mrs. Larry Knuth for a Conditional Use Permit for a Sand and Gravel Operation at 3554 West Wildwood Drive, subject to the following conditions: 1.) the amount of stored material on the site shall not be generally increased from the amount as existing at the site as stated by the engineering consultant in their computer modeling of water surface elevation, 2.) the contractor shall keep the area around the piles of stored materials mowed and free of trees, 3.) upon completion of the operation and prior to expiration of the Conditional Use Permit a regarding of the property shall be provided, all stored material shall be removed and final elevation of any portion of the subject property shall not exceed the original elevation of the property prior to issuance of the original permit, and 4.) the Flood Plan Development Permit be issued by the Building and Regional Planning Departments with the aforementioned conditions. #94-066 - Policy Relative to Sales Tax Funds. Motion by Solt, second by Johnson, carried unanimously to approve the policy governing the use of sales tax funds. John Wagoner, 1710 South Harrison, and Mark McCue, #1 Ponderosa Drive, spoke on the issue. #94-101 - Placement of Sign at Stagecoach Intersection. Motion by Shafer, second by Seifert, to approve the request of the Regency by the Green neighborhood to place a stop sign at the Stagecoach Road Intersection. Upon roll call vote, Preisendorf, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt voted aye. Murray voted nay. Motion carried. I I I Page 4, City Council Regular Meeting, April 25, 1994 #94-098 - Awarding Bid for Sanitary Sewer District 476T and Water Main District 416T. Gary Mader, Utilities Director, reported that the Utilities and Public Works Departments had received bids for Sanitary Sewer District 476T and Water Main Project 416T, to serve the Platte Valley Industrial Park Subdivision. Mr. Mader explained that four bids were received ranging from $1,018,133 to $1,743,215, and that the low bid was submitted by Diamond Engineering Company of Grand Island, in the amount of $1,018,133. Motion by Solt, second by Shafer, carried unanimously to award the low bid to Diamond Engineering. #94-099 - A warding Bid for Water System Corrosion Control Study. Gary Mader, Utilities Director, reported that the Nebraska Department of Health had notified the City that an Optimal Corrosion Control Study, as required by the United States Environmental Protection Agency, must be conducted inasmuch as the level of copper in samples from City users' taps exceeded the Maximum Contaminate Level allowed by the EP A. Mr. Mader added that proposals for conducting the Optimal Corrosion Control Study were solicited and that three proposals were received. Mr. Mader stated that CH2M Hill was unanimously ranked as the most qualified to perform the study in the allowable time frame. Councilmember Johnson noted that this was another unfunded Federal mandate. Motion by Solt, second by Shafer, carried unanimously to approve CH2M Hill to perform the study. #94-100 - Awarding Bid for Pine Street Station Redevelopment. Gary Mader, Utilities Director, reported that a Request For Proposal to solicit the assistance of architectural and engineering firms with experience in the redevelopment field had been prepared, and that two responses were received. Mr. Mader explained that both proposals were comprised of multiple firms combining their expertise to meet the requirements as delineated in the RFP, and that Olsson & Associates was unanimously recommended to produce redevelopment suggestions for the Pine Street Power Plant. Motion by Solt, second by Shafer, carried unanimously to approve. #94-103 - Awarding Bid for Used Track Loader. Wayne Bennett, Public Works Director, reported that the Purchasing Division had received bids for a used track loader to serve the Public Works Department, Solid Waste Division, and that one bid was received in the amount of $70,928, submitted by Nebraska Machinery Company of Doniphan. Motion by Solt, second by Shafer, carried unanimously to award the low bid to Nebraska Machinery. #94-104 - Awarding Bid for Power Cable. Gary Mader, Utilities Director, reported that the Purchasing Division had received bids for the purchase of three types of power cable to serve the Utilities Department, Underground Division, and that five bids were received ranging from $95,303.04 to $123,012. Mr. Mader noted that the low bid was submitted by Wesco of Grand Island in the amount of $95,303.04. Motion by Sorensen, second by Shafer, carried unanimously to award the low bid to Wesco. #94-105 - Awarding Bid for Substation Property. Gary Mader, Utilities Director, reported that because growth of the west side of the City had caused increased demand for electric service in that area, a new substation site development, to be located just south of Capital Avenue along the drainway, was planned to serve that area. Mr. Mader stated that the proposed purchase amount of $17,500 per acre was the same price the City paid for other property in the area. Motion by Sorensen, second by Shafer, carried unanimously to approve the Purchase Agreement. I I I Page 5, City Council Regular Meeting, April 25, 1994 #94-102 - Condemnation Procedures to Acquire Sewer Easements. Wayne Bennett, Public Works Director, reported that the Public Works Department had determined the need to extend sanitary sewer service westerly across Webb Road located between Faidley Avenue and 13th Street, and that the City required a permanent utility easement across a privately owned tract of land. Mr. Bennett explained that the Public Works Department had been unable to negotiate a purchase with the owner, despite numerous meetings beginning in January, 1993. Mr. Bennett added that inasmuch as a voluntary acquisition was not possible, the City would have to obtain the property through condemnation proceedings. Motion by Sorensen, second by Seifert, carried unanimously to approve. #94-106 - Agreement with Grand Island Senior High School Relative to Use of Facility. Dawn Carlson, Recreation Supervisor, reported that the Parks and Recreation Department was co- sponsoring the Grand Island Youth Hershey Track Meet, to be held Saturday, May 14, 1994 at the Grand Island Senior High Memorial Stadium and that a "Hold Harmless" Agreement was required by the school system for use of the facility. Motion by Sorensen, second by Seifert, carried unanimously to approve. #94-107 - Grant Request for Victim Witness Assistance Program. Police Chief Watson provided information relative to the establishment of a Victim/Witness Assistance Program to assist crime victims with impact statements, and crime compensation. Motion by Sorensen, second by Solt, carried unanimously to approve. CLAIMS: Motion by Seifert, second by Johnson, carried unanimously to approve the claims in the amount of $1,450,699.93, as presented by the City Clerk. Councilmember Shafer abstained from voting on Claim #018775; and Councilmember Preisendorf abstained from voting on Claim #018774. ADJOURNMENT: The meeting was adjourned at 8:30 p.m. Respectfully submitted, ~li~clJ' City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL STUDY SESSION May 2, 1994 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island was conducted on Monday, May 2, 1994. The Study Session consisted of a tour of the City Cemetery, the proposed sites for Fire Station #4, and existing Fire Station #1. Notice of the meeting was given in the Grand Island Independent on April 27, 1994. Mayor Dobesh called the meeting to order at 7:00 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Johnson, Hosier, Kehm, Sorensen, and Shafer. Wit, Murray, Seifert, and Solt were absent. The following City Officials were present: City Clerk Cindy Cartwright. TOUR OF CITY CEMETERY. Steve Paustian, Parks and Recreation Director, conducted a tour of the City Cemetery. TOUR OF PROPOSED SITES FOR FIRE STATION #4 AND EXISTING FIRE STATION #1. Fire Chief Jim Rowell conducted a tour of the proposed sites for Fire Station #4 and Existing Fire Station #1. ADJOURNMENT: The meeting was adjourned at 8:45 p.m. Respectfully submitted, c~~~' City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING May 9, 1994 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, 100 East First Street, on May 9, 1994. Notice of the meeting was given in the Grand Island Independent on May 4, 1994. Mayor Dobesh called the meeting to order at 7:00 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt. The following City Officials were present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith Sinor and Public Works Director Wayne Bennett. PLEDGE OF ALLEGIANCE was said followed by INYOCA TION given by Guellermo Quezada, Four Square Church. APPROY AL OF MINUTES: Motion by Sorensen, second by Shafer, carried unanimously to approve the minutes of the April 25, 1994 City Council Regular Meeting, and the May 2, 1994 City Council Study Session. PRESENTATIONS AND PROCLAMATIONS: City Clerk Cindy Cartwright reported that May 13, 1994 had been declared City Fire Day; May 14, 1994 had been declared Fire Recognition Day; May 8-14, 1994 had been declared Alcohol and Other Drug Related Birth Defects Awareness Week; May 15-21, 1994 had been declared Nebraska Business and Industry Week; and May 15-20, 1994 had been declared Emergency Medical Services Week. Glendale Reiss, 910 North Boggs, Gene McCormick, 707 South Pleasantview, and John Wagoner, 1711 South Harrison, representing the Hall County Taxpayers Association, spoke in opposition to the City sales tax. PUBLIC HEARINGS: Change of Land Use for Property Located on the East Side of Webb Road. Immediately South of Faidley Avenue. Nelson Helm, Regional Planning Director, reported that Mr. Terry Loschen, 505 West Koenig, had submitted a request to rezone a parcel of property located on the southeast corner of Faidley and Webb Road, from an "R4" (High Density Residential) Zone to an "RO" (Residential Office) Zone, for construction and operation of a funeral home. Terry Loschen, 505 West Koenig, spoke in support of the application and noted that plans included landscaping. No other public testimony was heard. Request of Super Bowl. 1010 Bismark Road. for Addition to Liquor License Premises. Public Hearing was held on the request of Super Bowl, 1010 Bismark Road, for an Addition to Liquor License Premises. Rick Mason, General Manager of Super Bowl, was present on behalf of the I I I Page 2, City Council Regular Meeting, May 9, 1994 application. Ann Miller, 706 South Cherry, Lewis Kent, 624 East Meves, Ardyth Grimes, 641 Martin Avenue, Judy Ruzicka, 1104 East Bismark, and Ron Miller, 706 South Cherry, spoke in opposition to the addition to premises. Discussion was held relative to noncompliance of the original plans for the Super Bowl complex. Request of R.N. Concessions, Inc. , 700 East Stolley Park Road, for Class "C" Liquor License. Public Hearing was held on the request of R.N. Concessions, 700 East Stolley Park Road, for a Class "C" Liquor License. City Attorney Keith Sinor introduced the following exhibits: Application for a Class "C" Liquor License filed with the Nebraska Liquor Control Commission and received by the city on April 26, 1994; Notice to general public of date, time, and place of hearing, published on April 29, 1994, Notice to applicant of date, time, and place of hearing mailed on April 26, 1994, Chapter 4 of City Code, and Departmental reports as required by City Code. Ms. Mary Jean Mohnike, owner of R.N. Concessions, was present on behalf of application. Legal Counsel Mike Johnson was also present on behalf of the application. No other public testimony was heard. Councilmember Solt questioned the need for a Class "C" Liquor License as opposed to a Class "I" license which provides for on sale only. Request for Conditional Use Permit for Sand and Gravel Operation. Nelson Helm, Regional Planning Director, reported that Mr. Quentin Hooker, representing Merlyn Austin, owner, had submitted an application for a Conditional Use Permit for a sand and gravel operation on the west side of Locust Street approximately 1/2 mile south of Husker Highway. Quentin Hooker, 3112 Briarwood Boulevard, spoke in support of the application. Rita Kraft, 16 Kuester Lake, Mrs. Scott Reis, 3736 South Locust, Don Beans, 3634 South Locust, and Mary Hammon, 3742 South Locust spoke in opposition. Discussion was held on the application as it related to the proposed flood control project. Mr. Helm reported that the Wood River Flood Control project was to the north side of the proposed conditional Use Permit application and that the applicant had been in contact with the NRD relative to the plans. Councilmember Johnson requested that City staff contact the NRD to determine position. DISCUSSION AND INFORMATION ITEMS. Progress Report on Integrated Solid Waste Management Plan. Gene Kramer, Solid Waste Superintendent, presented a progress report on the Integrated Solid Waste Management Plan. Councilmember Kehm requested that information be provided to the Council relative to what other cities are charging for composted materials. At 8:57 p.m., a five minute break was taken. The meeting resumed at 9:02 p.m. REQUESTS AND REFERRALS. Approving Lease Agreement with Federal Emergency Management Agency. City Clerk Cindy Cartwright reported that FEMA was requesting to lease the Community Meeting Room to serve as an operations center for approximately five weeks. Ms. Cartwright noted that a lease agreement was required. Motion by Seifert, second by Johnson, carried unanimously to add the consideration of the lease to the agenda as an emergency item. Motion by Seifert, second by Kehm, carried unanimously to approve the lease. I I I Page 3, City Council Regular Meeting, May 9, 1994 Receipt of Official Documents. Motion by Shafer, second by Solt, carried unanimously to approve and place on file the minutes of the Fire/Police Pension Meeting of September 28, 1993, the minutes of the Grand Island Area Solid Waste Agency Meeting of April 25, 1994, and the proposed 1994-95 Health Department Budget. Approving Preliminary Study for Santa Anita Estates. Nelson Helm, Regional Planning Director, reported that Mr. James Beltzer, of Riverside Investment Inc., Grand Island, had submitted a preliminary study for the Santa Anita Estates Subdivision, a 9.628 acres tract of land located north of Stolley Park Road approximately 520 feet east of Locust Street. Motion by Seifert, second by Murray, carried unanimously to approve. Request for Addition to Premises Liquor License. Motion by Sorensen to table request of Super Bowl for an Addition to Premises Liquor License until the company was in compliance with guidelines established in 1991. Councilmember Murray suggested that the Council act on the application. Councilmember Sorensen withdrew his motion. Motion by Murray, second by Solt, to deny the request of Super Bowl based on noncompliance of subdivision agreement and failure to fulfill development promises. Councilmember Johnson offered a friendly amendment to the motion to require sewer hookup to the City services. Amendment was accepted. Motion to deny the request carried unanimously. Request of R.N. Concessions for Class "C" Liquor License. Motion by Sorensen, second by Seifert to approve the request of R.N. Concessions for a Class "C" Liquor License. Councilmember Johnson noted his opposition to the Class "C" Liquor License application and not a Class "I" application. Upon roll call vote, Preisendorf, Murray, Kehm, Seifert, Sorensen, and Shafer voted aye. Johnson, Hosier, and Solt voted nay. Motion carried. Liquor Manager for R. N. Concessions. Motion by Sorensen, second by Seifert to approve the request of Mary Jean Mohnike for Liquor Manager Designation for R.N. Concessions. Upon roll call vote, Preisendorf, Murray, Kehm, Seifert, Sorensen, and Shafer voted aye. Johnson, Hosier, and Solt voted nay. Motion carried. Request for Conditional Use Permit for Sand and Gravel Operation. Motion by Seifert, second by Solt, carried unanimously to table the request of Mr. Quentin Hooker for a Conditional Use Permit for a Sand and Gravel Operation on the west side of Locust Street, south of Husker Highway, until input is received from the NRD and Army Corps of Engineers. License Agreement for Use of Public Right of Way at 404 East 17th Street. Wayne Bennett, Public Works Director, reported that Mr. and Mrs. Douglas Sweney, 404 East 17th Street, had submitted an application for a License Agreement to allow for encroachment onto the public right-of-way, for construction of a 6' stockade fence approximately two feet from a curb sidewalk. Mr. Sweeney was present on behalf of the application. Motion by Sorensen, second by Shafer to approve the request. Councilmember Solt requested that the motion be amended to provide that the fence be located a minimum of six feet from the sidewalk. Sorensen accepted the amendment. Upon roll call vote, motion carried unanimously. I I I Page 4, City Council Regular Meeting, May 9, 1994 Modification to License Agreement to Provide for Parallel Parking Spaces at 1118 North Eddy Street. Wayne Bennett, Public Works Director, reported that at the City Council Meeting of March 28, 1994, the Council approved a License Agreement for Mr. and Mrs. Melvin Olston, 1118 North Eddy Street, to allow for the encroachment of a building onto the public right-of- way. Mr. Bennett noted that the request was approved by the City Council contingent upon elimination of the nose-in parking in the public right-of-way, but Mr. and Mrs. Olston were now requesting a modification to their license agreement to allow for two parallel parking spaces in the public right-of-way. Motion by Sorensen, second by Solt, carried unanimously to approve. Extensions for Housing Development Grants. Ms. Jerri Garroutte, Community Development Director, reported that on June 23, 1992, the City was awarded a Housing Development Grant through the Nebraska Department of Economic Development which provided funding for down payment assistance to low income persons for new home purchases. Ms. Garroutte added that additionally in June, 1992, the City was awarded a $100,000 Development Investment Grant from the Nebraska Department of Economic Development which provided for the acquisition of a vacant commercial structure across the street from the YMCA/YWCA. Ms. Garroutte stated that both projects were to have been completed in two years but that the program guidelines provided for the two projects provided for an extension, upon request, to allow for completion of all activities. Motion by Solt, second by Sorensen, carried unanimously to approve a request for extension of the Housing Development Grants. Alternate Date for Fireworks Display. Motion by Shafer, second by Solt, carried unanimously to approve the request of Riverside Golf Club for an alternate date for a fireworks display. Request of Hall County for 30 Minute Parking Spaces on the 100 Block of South Pine Street. Public Works Director Wayne Bennett reported that the Hall County Board of Supervisors had submitted a request for three thirty-minute parking spaces located on the west side of the 100 block of Pine Street in front of the Social Services building. It was noted that because the area was outside of the Downtown Parking District, staff was not available for regular enforcement of these parking time limits, however, the Police Department would enforce on a complaint basis. Motion by Shafer, second by Solt, carried unanimously to approve. Appointments to Animal Advisory Board. Assistant City Attorney Lisa Thayer reported that a need to review the current Animal Ordinance as to its effectiveness in addressing animal control violations was needed and that the Mayor had submitted the appointments of Police Chief Gene Watson, Department of Health Director Ed Edwards, Humane Society Director Barb Schleichardt, Dr. Richard Wampler, Dr. Robert Leslie, and Nadine Matthews, to serve on an Animal Advisory Board. Motion by Shafer, second by Solt, carried unanimously to approve. Dissolution of Fire Station Study Committee. Motion by Shafer, second by Solt, carried unanimously to approve the dissolution of the Fire Station Study Committee. RESOLUTIONS: #94-108 - Opposing H.R. 3790 Relative to Federal Electric Service Territory Regulations. Gary Mader, Utilities Director, reported that the National Rural Electric Cooperative Association I I I Page 5, City Council Regular Meeting, May 9, 1994 (NRECA) had, for several years, attempted to stop the growth of Municipal Electric Utilities, and that H.R. 3790 would severely restrict the ability of City owned electric utilities to grow as their Cities grow, and would also usurp state authority over electric service area control. Motion by Solt, second by Sorensen, carried unanimously to oppose HR 3790. #94-109 - Amending Dates for Yard Waste Ban. Wayne Bennett, Public Works Director, reported that the passage of LB 1207 provided for a change in the State yard waste ban from a year round ban to a ban from April 1 through December 31 of each year, and noted that adoption of Resolution #94-109 would bring the effective dates of the City's yard waste ban into compliance with the revised State law. Motion by Sorensen, second by Johnson, carried unanimously to approve. #94-110 - Final Plat and Subdivision Agreement for Pleasant View Tenth Subdivision. Nelson Helm, Regional Planning Director, reported that Mr. John Van Skiver, President of Johnson Cashway Lumber of Grand Island, had submitted the final plat for the Pleasant View Twelfth Subdivision, a 6.796 acre tract of land located on the east side of Pleasant View Drive, north of Fonner Park Road. Mr. Nelson noted that the Subdivision consisted of 25 residential lots ranging in size from 9,000 to 10,750 square feet, and provided for a paving district for Pleasantview Drive. Councilmember Johnson voiced concern with including the paving requirement in the Agreement and stated that eliminated the right of future property owners to protest the creation of a district. Motion by Sorensen, second by Murray, to approve the subdivision agreement and final plat. Upon roll call vote, Preisendorf, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, and Shafer voted aye. Solt voted nay. Motion carried. #94-111 - Final Plat and Subdivision Agreement for Cherry Tree Villa Subdivision. Nelson Helm, Regional Planning Director, reported that Mr. Milan Bish, President of Tree Houses, Inc. of Grand Island, had submitted the final plat for Cherry Tree Villa Subdivision, a 14.84 acre tract of land located on the south side of State Street, approximately 500 feet west of Highway 281. Motion by Sorensen, second by Johnson, carried unanimously to approve. #94-112 - Final Plat and Subdivision Agreement for Sunny Acres Second Subdivision. Nelson Helm, Regional Planning Director, reported that Mr. and Mrs. David Larson, Beau Shannon Buildings, Inc. of Grand Island, had submitted the final plat for Sunny Acres Second Subdivision, a 1.67 acre tract of land located on the north side of Hedde Street approximately 148 feet east of Adams Street. Motion by Sorensen, second by Johnson, carried unanimously to approve. #94-113 - Final Plat and Subdivision Agreement for Cleary Subdivision. Nelson Helm, Regional Planning Director, reported that Mr . James Cleary, President of Cleary Building Corporation, of Verona, Wisconsin, had submitted the final plat for Cleary Subdivision, a 18.531 acre tract of land located on the east side of Highway 281, approximately 217 feet north of Platte Valley Boulevard. Motion by Sorensen, second by Johnson, carried unanimously to approve. #94-114 - Reduction in Speed Limit on Saint Paul Road. Motion by Sorensen, second by Seifert to approve the reduction of the speed limit on Saint Paul Road, from 11th Street to Capital Avenue, to 25 mph. Upon roll call vote, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer and I I I Page 6, City Council Regular Meeting, May 9, 1994 Solt voted aye. Preisendorf and Murray voted nay. Motion carried. #94-115 - Awarding Bid for Swimming Pool Chemicals. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of swimming pool chemicals to serve the Island Oasis Water Park, and noted the low bid, submitted could not be considered inasmuch as the minimum delivery quantities exceeded the available storage tank space. Motion by Seifert, second by Solt, carried unanimously to award the bid to DPC of Omaha. #94-116 - Awarding Bid for Padmount Transformers. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of twelve 25 KV A Padmount Transformers to serve the Utilities Department, Underground Division, and stated that bids had been received from five suppliers, with a total of seven bids. Motion by Seifert, second by Solt, carried unanimously to award the low bid to Kriz Davis of Grand Island, in the amount of $11 ,580. #94-120 Awarding Bid for 1994 Parks Department Asphalt Project #1. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for Asphalt Program #1, which included the surfacing of the Island Oasis Water Park's overflow parking lot, the road and east parking area at Ashley Park, and the basketball court at the Lion's Club Park. Ms. Griffiths noted that two bids were received ranging from $87,000 to $107,454 and that the low bid had been submitted by JIL Asphalt Company of Grand Island, in the amount of $87,000. Motion by Seifert, second by Solt, carried unanimously to award the low bid to JIL Asphalt Company. #94-117 - Contract for Acquisition of Webb Road Widening Project Right of Way and Easements. Wayne Bennett, Public Works Director, reported that on February 13, 1989, the City Council approved the Webb Road widening project which consists of concrete street paving with curb and gutter similar to the paving between 13th Street and Capital Avenue, and a four foot wide conventional sidewalk on both sides of the street. Mr. Bennett explained that the first step in the project was the acquisition of right-of-way easements and noted that the Public Works Department would begin negotiations for the right-of-way and easements required for the widening between 13th Street and Old Potash Highway in the near future. Mr. Bennett noted that a State of Nebraska Department of Roads contract form, in addition to the normal conveyance documents, was needed for each tract acquisition. Motion by Murray, second by Preisendorf, carried unanimously to approve. #94-118- Approving of Disposal of Surplus Ambulance. Fire Chief Jim Rowell stated that at the City Council Meeting of February 21, 1994, the City Council approved the purchase of an ambulance to serve the Fire Department, Emergency Medical Division and noted that the ambulance being replaced was a 1977 Chevrolet, which had been used as a back up vehicle for several years. Chief Rowell explained that the Wood River Fire Department had indicated an interest in acquiring the ambulance for use as a backup unit. Motion by Murray, second by Preisendorf to transfer ownership of the ambulance to the Wood River Fire Department. Upon roll call vote, Preisendorf, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, and Shafer voted aye. Solt voted nay. Motion carried. I I I Page 7, City Council Regular Meeting, May 9, 1994 #94-119 - Agreement with Girls' Softball Association Relative to Use of Fields. Lisa Thayer, Assistant City Attorney, reported that the ABCD Girls' Softball Association had requested that the City formally grant approval for the use of four softball fields, and for the use of the two fields the Men's Association does not currently use. Motion by Murray, second by Preisendorf, to approve. Upon roll call vote, Preisendorf, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, and Shafer voted aye. Solt voted nay. Motion carried. #94-121 - Conveying Appreciation to Beckie Bixby. Legal Assistant. Motion by Murray, second by Preisendorf, to approve Resolution #94-121 conveying appreciation to Beckie Bixby, Legal Assistant, who was retiring after 30 years of service to the City of Grand Island. Upon roll call vote, Preisendorf, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, and Shafer voted aye. Solt voted nay. Motion carried. 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: #8008 - Approving Change of Land Use for Property Located on the East Side of Webb Road Immediately South of Faidley A venue from High Density Residential Zone to Residential Office Zone #8009 - Amending Chapter 17 of City Code Relative to Garbage #8010 - Approving Request of Wal-Mart for Vacation of Sewer Easement 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 Shafer seconded the motion. After inviting questions or comments, and there being none, Mayor Dobesh called for a roll all vote on the motion. Upon roll call vote, all voted aye. Clerk: Ordinances #8008, #8009, and #8010, on their first reading. All those in favor of passage, answer roll call. Upon roll call vote, all voted aye. Motion carried. Clerk: Ordinances #8008, #8009, and #8010, on their final passage. All those in favor of passage of said ordinances on their 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 reading and final passage of said Ordinances, Ordinances #8008, #8009, and #8010 are declared to be lawfully passed and adopted upon publication as required by law. PUBLIC DISCUSSION OF NON-AGENDA ITEMS: I I I Page 8, City Council Regular Meeting, May 9, 1994 Gordon Kosmicki, 1112 East Phoenix, voiced concern with odor from the Monfort facility. Lewis Kent, 624 East Meves, questioned the licensing of tree removers. Bob Billington, 712 Sweetwood Drive, requested an update on developing the detention cell in the area. Wayne Bennett, Public Works Director, noted that the groundwater level needed to subside before work could begin. CLAIMS: Councilmember Solt abstained from voting on Claim #019150. Motion by Solt, second by Murray, to approve the claims. Councilmember Seifert voiced concern with the descriptions of several claims. Upon roll call vote, Preisendorf, Murray, Johnson, Hosier, Kehm, Shafer, and Solt voted aye. Seifert and Sorensen voted nay. Motion carried. ADJOURNMENT: The meeting was adjourned at 10: 15 p.m. Respectfully submitted, ~'\1J VI Jl,0L~ ~~\ ()'W+ CindY'; dartWright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF SPECIAL CITY COUNCIL MEETING May 16, 1994 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, 100 East First Street, on May 16, 1994. Notice of the meeting was given in the Grand Island Independent on May 13, 1994. Mayor Dobesh called the meeting to order at 7:00 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt. Wit was absent. The following City Officials were present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith Sinor and Public Works Director Wayne Bennett. PUBLIC HEARING ON DEVELOPMENT OF PROPOSED 1994-1995 ANNUAL BUDGET. Discussion was held relative to the proposed 1994-1995 Annual Budget. Glendale Reiss, 910 North Boggs, spoke on the fire station issue. Paul Hamilton, 305 Cherokee, spoke on funding for the Police Department. Tracy Overstreet, 921 West Second Street, spoke in support of funding for the Teen Center. Sam Zeleski, 236 Waldo, spoke on funding needs for the homeless. ADJOURNMENT: The meeting was adjourned at 7:21 p.m. Respectfully submitted, ~I~ ,( ~f-1LM 'S'k-+ Cindy K. Cartwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL STUDY SESSION May 16, 1994 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island was conducted in the Council Chamber of City Hall, 100 East First Street, on May 16, 1994. Notice of the meeting was given in the Grand Island Independent on May 11, 1994. Mayor Dobesh called the meeting to order at 7:21 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt. The following officials were present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, and City Attorney Keith Sinor. TEEN CENTER PROPOSAL. Tracy Overstreet, 921 West Second Street, and David Vaughn, 804 West 10th Street, representing the Boys and Girls Club of Greater Hall County presented information on the teen center proposal. It was determined that additional information would be provided to the City Council at a later date. WATER PARK CAPITAL DEVELOPMENT PLAN. Mike Williams of Williams Associates and Kevin Pryor of Olsson Associates, representatives from the consulting engineering firm for the Water Park Capital Development Plan, presented a report and recommendations relative to the development of short and long term capital improvement plan for the Water Park. Mr. Williams presented three alternative recommendations to the Council consisting of features such as Lazy River, Rapids Ride, additional activity pool and sand play area. Mr. Williams presented cost estimates for each of the various options. Glendale Reiss, 910 North Boggs, and Paul Hamilton, 305 Cherokee, spoke on the issue. Councilmember Murray requested that the alternative proposals for the Water Park be returned to the Council for further review and discussion. Councilmember Shafer spoke in support of incorporating features which would be used by a large percentage of people. REGULATION OF POLITICAL SIGNS. Councilmember Seifert requested that consideration be given to amending the Sign Ordinance to decrease the number of days that political signs could be erected prior to an election, and to limit the locations for placement of political signs to the geographic boundaries of the Ward/District of the positions to which they pertain. Discussion was held relative to the suggestion. It was noted that enforcement of the ward boundaries would be difficult. Councilmember Seifert asked that the item be reviewed at a later date. Paul Hamilton, 305 Cherokee, spoke on the subject. Lewis Kent, 624 East Meves, congratulated the candidates for their interest in civic service, but noted that several political signs were placed in the public right of way. I I I Page 2, City Council Study Session, May 16, 1994 ADJOURNMENT: The meeting was adjourned at 8:45 p.m. Respectfully submitted, {1~~ " K&AhliM hllJ- Cindy ~~rtwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING May 23, 1994 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, 100 East First Street, on May 23, 1994. Notice of the meeting was given in the Grand Island Independent on May 18, 1994. Mayor Dobesh called the meeting to order at 7:00 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Wit, Murray, Johnson, Hosier, Kehm Seifert, Sorensen, Shafer, and Solt. The following City Officials were present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith Sinor and Public Works Director Wayne Bennett. PLEDGE OF ALLEGIANCE was said followed by INVOCATION given by City Clerk Cindy Cartwright. APPROVAL OF MINUTES: Motion by Sorensen, second by Shafer, carried unanimously to approve the minutes of the May 9, 1994 City Council Regular Meeting, the May 16, 1994 Special City Council Meeting, and the May 16, 1994 City Council Study Session. PRESENTATION ON PROPOSED 1994-1995 ANNUAL BUDGET. City Administrator Zachary Zoul presented highlights of the proposed fiscal year 1994-1995 Annual Budget and addressed various budget issues and priorities. PUBLIC HEARINGS: Request for Continuation of Conditional Use Permit for Sand and Gravel Operation at the Southeast Corner of Bismark and Stuhr Road. Nelson Helm, Regional Planning Director, reported that Mr. Earl Ahlschwede, Attorney for A & L Farms, had submitted an application for a Conditional Use Permit for the continuation of a sand and gravel operation located on the southeast corner of Bismark Road and Stuhr Road. Mr. Helm noted that A & L Farms had held a Conditional Use Permit for the sand and gravel operation since 1974 and recommended that if the Council granted approval, it be contingent upon specific conditions: 1.) that any excavated material or overburden not be placed in the delineated floodway; 2.) that the owner file an Erosion Control Plan; and 3.) that the owner apply for a Flood Plain Development Permit from the Building Department and Regional Planning Commission with the aforementioned conditions. Earl Alschwede spoke in support of the application. No other public testimony was heard. I I I Page 2, City Council Regular Meeting, May 23, 1994 Request of Timberline Trees, Inc., for Conditional Use Permit for the Removal of Fill Materials for Off-Site Construction Purposes, Between Highway 281 and Webb Road. Nelson Helm, Regional Planning Director, reported that Mrs. Phyllis Bartu, owner of Timberline Trees Corporation, had submitted an application for a Conditional Use Permit for the removal of fill material to be used for off-site construction purposes. Mr. Helm recommended that approval, if granted, be contingent upon specific conditions: 1.) the owner file an Erosion Control Plan, and 2.) that the owner apply for a Flood Plain Development Permit from the Building Department and Regional Planning Commission with the aforementioned condition. Bryce Bartu, 206 Seward Street, Seward, Nebraska, spoke in support of the application. Al Avery, Route 3, Colleen Carey, 3028 North Webb Road, Gary Quandt, 2006 West 11 th Avenue, Harold Christensen, 2905 North Webb Road, Golda Bockbrader, 3005 North Webb Road, Virginia Stevens, 3035 North Webb Road, and Margaret Landis, 5301 West Capital Avenue, spoke in opposition to the request. Discussion was held relative to the impact the operation would have on the water level. Public Hearing on Community Development Block Grant. Planning Category for Conduction of Housing Study. Mrs. Jerenne Garroutte, Community Development Director, reported that the Nebraska Department of Economic Development accepted applications through the Planning component of the Community Development Block Grant (CDBG) program for grant funding to assist local communities in providing decent housing and suitable living environments, principally for low and moderate income individuals and that the Community Development Department had prepared a proposed application seeking $16,800 to fund a housing study of Grand Island and the two mile jurisdiction, to be conducted by a private consultant. No public testimony was heard. DISCUSSION AND INFORMATION ITEMS: The presentation by the Grand Isle Heritage Zoo was rescheduled. REOUESTS AND REFERRALS: Receipt of Official Documents. Motion by Solt, second by Shafer, carried unanimously to approve and place on file the minutes of the Downtown Improvement Board Meeting of April 14, 1994, the minutes of the City Entrance Signage Committee Meeting of April 18, 1994, and the minutes of the Regional Planning Commission of May 4, 1994. Liquor Manager for Pizza Hut of America. Motion by Seifert, second by Solt, carried unanimously, to approve the request of Mr. Greg Tatro, 1312 West Koenig, for a Liquor Manager Designation in association with Pizza Hut, 2004 North Broadwell. Renewal of Conditional Use Permit for A & L Farms for Sand and Gravel Operation. Motion by Solt, second by Seifert, carried unanimously to approve the request of A & L Farms for renewal of a Conditional Use Permit for a Sand and Gravel Operation on the southeast comer of Bismark and Stuhr Road, contingent upon specific conditions: 1.) that any excavated material or overburden not be placed in the delineated floodway; 2.) that the owner file an Erosion Control Plan; and 3.) that the owner apply for a Flood Plain Development Permit from the I I I Page 3, City Council Regular Meeting, May 23, 1994 Building Department and Regional Planning Commission with the aforementioned conditions. Conditional Use Permit for Timberline Trees. Inc. for Removal of Fill Materials. Motion by Seifert, second by Kehm to deny the request of Timberline Trees, Inc. for a Conditional Use Permit for Removal of Fill Materials between Highway 281 and Webb Road. Councilmember Johnson stated that input from NRD was needed, moved to table the request for six weeks, and requested that the Clerk notify all adjacent property owners when the item returned to the Council. Shafer seconded the motion. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, and Shafer voted aye. Solt voted nay. Motion carried. Conditional Use Permit for Quentin Hooker for Sand and Gravel Operation on the West Side of Locust Street. South of Husker Highway. Nelson Helm, Regional Planning Director, reported that at the City Council Meeting of May 9, 1994, discussion was held relative to the application of Mr. Quentin Hooker, representing Merlyn Austin, owner, for a Conditional Use Permit to operate a sand and gravel operation on the west side of Locust Street, approximately 1/2 mile south of Husker Highway. Mr. Helm noted that the City Council tabled action on the request until determination of the impact of the project on the proposed Wood River Flood Control Project could be made, and that the Central Platte Natural Resources District had subsequently responded to the Council's concerns, noting that the Central Platte Natural Resources District had no objections to the gravel operations as long as the channel right-of-way and adjacent temporary easements were protected. Quentin Hooker, 1804 West Anna, spoke in support of the application. Motion by Preisendorf, second by Seifert, carried unanimously to approve the request, contingent upon specific conditions: 1.) the operator not disturb the land area within the property proposed for the Wood River Flood Protection Channel right-of-way and adjacent temporary construction easements, as determined by the Central Platte Natural Resources District and the U.S. Army Corps of Engineer's final design, and 2.) the operator apply for a Flood Plan Development Permit from the Building Department and the Regional Planning Commission with the aforementioned condition. RESOLUTIONS: #94-121 - 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 relative to the Business Improvement District No.1. Motion by Johnson, second by Solt, carried unanimously to establish June 13, 1994 as the date for the Board of Equalization. #94-122 - Setting: Date for Public Hearing for Downtown Improvement and Parking District #1. Dianne Kelley, Downtown Development Director, reported that it was necessary for the City Council to establish a Public Hearing date for the Downtown Improvement and Parking District, 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 50% of the salaries of the Downtown Development Director and the Administrative Secretary. Motion by I I I Page 4, City Council Regular Meeting, May 23, 1994 Johnson, second by Salt, carried unanimously to establish June 13, 1994, as the date for the Public Hearing. #94-123 - Supporting Application for ISTEA Funds for Downtown Streetscaping. Dianne Kelley, Downtown Development Director, reported that the State of Nebraska Department of Roads accepted applications through the Transportation Enhancement Program of the Intermodal Surface Transportation Efficiency Act for funding to assist communities with transportation enhancement activities, and that the Downtown Development Department had prepared a Transportation Enhancement Improvement Request for the Downtown Streetscape Program which would assist in promoting a positive image of the community by improving streetside appearance along First and Second Streets. Motion by Johnson, second by Solt, carried unanimously to approve. #94-124 - Approving Community Development Block Grant Application Relative to Conduction of Housing Study. Motion by Seifert, second by Salt, carried unanimously to approve. #94-125 - Awarding Bid for Transfer Station Roof Replacement. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for roof replacement for the Transfer Station, Public Works Department, Solid Waste Division, and that one proposal had been received from Chief Construction of Grand Island in the amount of $9,699. Motion by Seifert, second by Salt, carried unanimously to award the low bid to Chief Construction. #94-126 - Awarding Bid for Furnishing and Planting Trees - Parks Department. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of 28 trees to serve the Parks and Recreation Department, and that three bids had been received ranging from $2,650 to $6,312. Ms. Griffiths noted that the low bid was submitted by Plant Island of Grand Island, and stated that because the low bid was substantially less than the engineer's estimate of $7,200, the total quantity of trees was increased from 28 to 68. Ms. Griffiths explained that resulted in a low bid of $7,200 based on the low bidder's unit pricing, and stated that inasmuch as the total price for the trees was under $10,000, Council approval was not necessary for the purchase; however, approval for execution of the contract was requested. Motion by Seifert, second by Salt, carried unanimously to award the low bid to Plant Island. #94-127 - Awarding Bid for Tree Grates - Downtown Streetscape. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of tree gates in conjunction with the Downtown Development Department's Streetscape Project and that two bids in the amounts of $22,620 and $23,010 were received. Ms. Griffiths noted that the low bid did not meet specifications, and therefore it was recommended that the next low bid, submitted by Deeter Foundry of Lincoln, in the amount of $23,010, be awarded. Motion by Seifert, second by Solt, carried unanimously to award the second low bid to Deeter Foundry of Lincoln. #94-128 - Awarding Bid for S & C Switches and Brass Arresters. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of switches and I I I Page 5, City Council Regular Meeting, May 23, 1994 arresters to serve the Utilities Department, Electric Line Division. Ms. Griffiths noted that three bids had been received for the switches ranging from $16,472 to $17,504, and that one bid was received for the arresters, submitted by Dutton-Lainson, in the amount of $2,940. The Purchasing Department recommended that the total low bid be awarded to Dutton-Lainson. #94-129 - Awardin~ Bid for Crossarms and Miscellaneous Items. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of cross arms and miscellaneous electrical items to serve the Utilities Department, Electric Line and Underground Divisions. Ms. Griffiths explained that bids were submitted by four vendors offering pricing for 22 electrical line items; however, 17 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 low bids were submitted by Husker Electric of Lincoln for the remaining five electrical items, in the amount of $20,646.48 plus tax. Motion by Seifert, second by Solt, carried unanimously to award the low bid to Husker Electric of Lincoln. #94-130 - Awarding Bid for Tree and Soil Division - Downtown Streetscape. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase and planting of 78 trees for the Downtown Development Streetscape Project. Ms. Griffiths noted that two bids had been received ranging from $16,770 to $23,400, and that the low bid was submitted by Plant Island of Grand Island. Motion by Seifert, second by Solt, carried unanimously to award the low bid to Plant Island. #94-131 - Approving Traffic Modification at 13th Street and Custer Avenue. Wayne Bennett, Public Works Director, reported that in 1993 the City Council approved an Agreement with the Nebraska Department of Roads for traffic control improvements to the intersection of 13th Street and Custer Street. Mr. Bennett noted that this agreement required that the City establish No Parking Zones for a distance of 1/2 block in each direction from the new signal at 13th Street and Custer Street to allow the width necessary to mark left turn lanes on each approach to the traffic signal. Motion by Johnson, second by Wit, carried unanimously to approve. #94-132 - Acceptin~ Final Completion for Sanitary Sewer Proiect 92-S-1, Highway #281 to Ponderosa Lake Estates Subdivision. Wayne Bennett, Public Works Director, reported that Knox Construction Company, d/b/a Omni Contracting Company, had completed the work provided for in the contract for Sanitary Sewer Project 92-S-1, which extended sanitary sewer service along Highway #281 to the Ponderosa Lake Estates Subdivision. Motion by Shafer, second by Preisendorf, carried unanimously to approve. #94-133 - Supporting Official Comment on the Proposed Plan to Manage the RDX Plume Extending into Grand Island from the Cornhusker Army Ammunition Plant. Wayne Bennett, Public Works Director, reported that on May 5, 1994, the Army Corps of Engineers had conducted a Public Meeting regarding its proposed plan for the extraction and treatment of toxic contaminants, which have moved northeast of the Cornhusker Army Ammunition plant with the natural flow of ground water and have reached the northwest area of Grand Island. Mr. Bennett noted that the proposed plan provided for the extraction and treatment of RDX both on the I I I Page 6, City Council Regular Meeting, May 23, 1994 Cornhusker Army Ammunition Plant and at the far downstream edge of the plume near Webb Road between Capital Avenue and Old Highway 2 but did not address the movement of the high concentration portion of the plume near Capital Avenue between Engleman and North Road. Mr. Bennett stated that the Resolution and letter of support requested a third set of extraction wells in the area near Capital A venue between Engleman Road and North Road to stop the eastward movement of this RDX. Motion by Seifert, second by Preisendorf, carried unanimously to approve. Consideration of City Administrator's Contract. City Administrator Zachary Zoul stated that he had placed this item on the agenda to address the understanding that the Mayor would b issuing a non-renewal termination notice to City Administrator Zoul. City Attorney Keith Sinor spoke on the issue. Mark McCue, #1 Ponderosa Drive, asked for resolution. Jackie Pielstick, 722 East 7th Street, spoke on the issue. 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: #7993 - Amending City Code Relative to Open Burning #8011 - Creating Street Improvement District for East 15th Street from Saint Paul Road to End of 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 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. Discussion was held on procedures relative to permit issuance for open burning. It was determined that the issue would be discussed at a future Study Session. After inviting questions or comments, and there being none, Mayor Dobesh called for a roll call vote on the motion. Upon roll call vote, Preisendorf, Wit, Murray, Hosier, Kehrn, Seifert, Sorensen, Shafer, and Solt voted aye. Johnson was absent at the time the vote was taken. Clerk: Ordinances #7993 and #8011 on their first reading. All those in favor of passage, answer roll call. Upon roll call vote, Preisendorf, Wit, Murray, Hosier, Kehrn, Seifert, Sorensen, Shafer, and Solt voted aye. Johnson was absent at the time the vote was taken. Motion carried. Clerk: Ordinances #7993 and #8011 on their final passage. All those in favor of passage of said ordinances on their final passage, answer roll call. Upon roll call vote, Preisendorf, Wit, Murray, Hosier, Kehrn, Seifert, Sorensen, Shafer, and Solt voted aye. Johnson was absent at the time the vote was taken. Motion carried. I I I Page 7, City Council Regular Meeting, May 23, 1994 Mayor: By reason of the roll call vote on the first reading and final passage of said Ordinances, Ordinances #7993 and #8011 are declared to be lawfully passed and adopted upon publication as required by law. PUBLIC DISCUSSION OF NON-AGENDA ITEMS: Ross Etherton, 2212 Grand Island Avenue, requested the use of LE Ray Park for a drug and alcohol free musical on May 27, 1994. It was noted that the request would have to be added to the agenda as an emergency item. Motion by Kehm, second by Wit, to add the request to the agenda. Upon roll call vote, Preisendorf, Wit, Murray, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt voted aye. Johnson was absent at the time the vote was taken. Discussion was held relative to safety. It was determined that the police department could offer extended protection. Motion by Seifert, second by Johnson, carried unanimously to approve the request, with extended police protection. PAYMENT OF CLAIMS: Councilmember Preisendorf abstained from voting on Claim #019492. Motion by Solt, second by Seifert, carried unanimously to approve the c.laims in the amount of $1,252,328.55 as presented by the City Clerk. ADJOURNMENT: The meeting was adjourned at 10:36 p.m. Respectfully submitted, ~V\\ ~ ~ ~,jh IvvV1 ,) L+ Cindy K. iCartwnght City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL SPECIAL STUDY SESSION May 24, 1994 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 Council Chambers of City Hall on May 24, 1994. Notice of the meeting was given in the Grand Island Independent on May 20, 1994. Mayor Dobesh called the meeting to order at 7:00 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Murray, Johnson, Hosier, Kehm, Sorensen, and Solt. Councilmembers Shafer, Wit, Seifert were absent. City Officials present were: City Administrator Zachary Zoul, and City Clerk Cindy Cartwright. Proposed 1994-1995 Annual Budget. City Administrator Zachary Zoul reviewed the proposed 1994-1995 Annual Budget. Mr. Zoul noted that the Budget contained a number of significant fiscal policies such as a personnel freeze in the General Fund, and the funding of general government capital improvements with operating funds, not debt financing. It was noted that the 1994-1995 Capital Improvement Program, which included projects such as the State Street Extension, Fire Station Construction, Street Resurfacing, and Elevated Rail Corridor, was intended to replace aging and dilapidated infrastructure and provide for dependable, efficient and effective service delivery. Mr. Zoul reported that the next phase in streamlining administrative services was provided for in the budget with the elimination of the Personnel Department and the Personnel Director position, and transferring the Personnel function to the Finance Department. Councilmember Johnson requested that funding be included for the Partnership for Community Planning program and the Homeless study. Councilmember Murray questioned the expense for computer equipment for the Legal Department. Mr. Zoul reported that an appropriation was provided, in the amount of $80,000, for the purchase of books, and $14,280 for periodicals for the library. It was noted that an appropriation of $40,000 was provided for a transmitter for Governmental-Educational Television to provide broadcast of the program channel for homes which did not have cable television. The City Administrator reported that the budget placed a significant new emphasis on people infrastructure and included funding for the Crisis Center, Homeless Shelter, Teen Center, and Victims Assistance program. ADJOURNMENT: The meeting was adjourned at 9:59 p.m. Respectfully submitted, ~1~ rZ4~ he r1'~ tJ- Cindy K. Cartwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL SPECIAL STUDY SESSION May 31, 1994 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 Council Chambers of City Hall on May 31, 1994. Notice of the meeting was given in the Grand Island Independent on May 30, 1994. Mayor Dobesh called the meeting to order at 9: 10 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Murray, Johnson, Hosier, Sorensen, and Solt. Councilmembers Shafer, Wit, Seifert, and Kehrn were absent. City Officials present were: City Administrator Zachary Zoul, and City Clerk Cindy Cartwright. REVIEW OF PROPOSED FY1994-1995 ANNUAL BUDGET. Discussion was held on various aspects of the proposed budget. Councilmember Johnson questioned the uniform allowance for the 9111Cornrnunication Center employees, and requested that the funding be deleted. Councilmember Sorensen spoke in support of retention of a Personnel Director. Councilmember Preisendorf asked that staff design an alternate to the proposed batting board for the Burlington Northern Project or to ascertain that the lowest bids possible are received. Councilmember Solt spoke in support of a future transcriber/reporting system for the Police Department. City Administrator Zachary Zoul provided information on the Fire Department Budget, including staffing and construction for the Fourth Fire Station. Councilmember Solt spoke in support of hiring additional fire personnel. Councilmember Murray requested that the Fire Station staffing be placed on the June 20, 1994 Study Session. ADJOURNMENT: The meeting was adjourned at 9:36 p.m. Respectfully submitted, r!MlclU !{ ~~fvwIS~+- Cindy K. Ctlartwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL SPECIAL MEETING May 31, 1994 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 31, 1994. Notice of the meeting was given in the Grand Island Independent on May 27, 1994. Mayor Dobesh called the meeting to order at 7:00 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Murray, Johnson, Hosier, Seifert Sorensen, and Solt. Councilmembers Shafer, Wit, and Kehm were absent. City Officials present were: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith Sinor, and Public Works Director Wayne Bennett. PUBLIC HEARING ON PROPOSED FY 1994-1995 ANNUAL BUDGET. CITY PROPERTY TAX LEVY. and PARKING DISTRICT #2 PROPERTY TAX LEVY. Gene McCormick, 707 South Pleasantview, Jackie Pielstick, 722 East Seventh, Paul Hamilton, 305 Cherokee, Earl Wilson, 2222 Bellwood Drive, Glendale Reiss, 910 North Boggs, Randy Throop, 3012 Orleans, lone Martin, 17 Chantilly, Jean Seely, 4230 Arizona Avenue, Darrell Hartley, 616 McArthur, David Vaughn, 106 North Wetzel, Bob Harp, 4311 Lariat Lane, Lewis Kent, 624 East Meves, Bryan Stutzman, 4220 Vermont Avenue, and David Bell, 1822 West John Street, spoke on the proposed budget. RESOLUTIONS: #94-134 - AWARDING BID FOR SIDEWALK PROJECT 94-SW -1. Beth Griffiths, Purchasing Agent, reported that two bids had been received for Sidewalk Project 94-SW -1, and that the low bid was submitted by Mike Galvan Construction, in the amount of $10,711. Motion by Solt, second by Preisendorf, carried unanimously to award the low bid to Mike Galvan Construction. Ms. Griffiths noted that the Project included park property along the west side of Stolley Park adjacent to Blaine Street, from Stolley Park Road to Park Drive, and along the east side of Blaine Street adjacent to the Reilly Cell. ORDINANCES: Councilmember Johnson made a motion to table action on Ordinance #8013, Authorizing Conveyance of Platte Valley Industrial Park Property, until the next meeting inasmuch as an insufficient number of Councilmembers were present to suspend the rules and adopt the Ordinance in one reading. Second by Solt, carried unanimously. ADJOURNMENT: The meeting was adjourned at 9:00 p.m. Respectfully submitted, Ur m~ J< ~Uth;LJlASiG-t- Cindy KJ C~~right City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL SPECIAL MEETING June 6, 1994 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 6, 1994. Notice of the meeting was given in the Grand Island Independent on June 1, 1994. Mayor Dobesh called the meeting to order at 7:00 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Wit, Murray, Johnson, Kehm, Seifert, Sorensen, Shafer, and Solt. Councilmember Hosier was present via telephone hookup. City Officials present were: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith Sinor, and Public Works Director Wayne Bennett. #94-135 - Approving FY 1994-1995 Annual Budget. Discussion was held on the proposed 1994- 1995 Annual Budget. Finance Director Chuck Haase reported that the preliminary County valuation numbers were higher than the conservative estimate submitted for the Budget. City Administrator Zachary Zoul reviewed Budget Amendment #2 which provided for a reduction in the proposed tax levy increase from 4.1 % to 2.7%, which represented the 1993 Consumer Price Index. Mr. Zoul noted that the amount would not only avoid an increase in the rate, but would actually result in a 1.34% decrease in the rate, and would require that the Budget be reduced accordingly. Glendale Reiss, 910 North Boggs, and Jim Sander, 218 North Harrison, spoke on the budget. Councilmember Sorensen spoke in opposition to elimination of Personnel Director, and questioned funding for the Downtown Development Director. Bob Hays, 4311 Lariat Lane, spoke on the budget as it related to fire station staffing and construction in the northwest area. Jackie Pielstick, 722 East 7th Street, John Mayer, 4245 Sherwood, and Paul Hamilton, 305 Cherokee, spoke on the fire station issue. Councilmember Johnson suggested that a portion of the funding appropriated for the fire pumper truck could be used for fire station staffing, and moved that the Budget, with the inclusion of Addendum #1, Addendum #2, and funding for the fire department staffing be approved. Councilmember Solt seconded the motion. Harvey Larsen, 1007 South Vine Street, spoke against funding for the Teen Center. Councilmembers Shafer, and Hosier spoke in support of an ambulance at Fire Station #4. Councilmember Seifert recommended that staffing for the fire station be added immediately, and that the Pier Pool demolition be undertaken this year. Councilmember Kehm requested that the City Administrator delineate the change in responsibilities for the Personnel Department over the last six months, and spoke in support of streamlining the Administrative Services Department inasmuch as there were only two employees in that Department. Bryan Stutzman, 4220 Vermont, spoke in support of increased fire department staffing. lone Martens, 17 Chantilly, commended the Council for their work on the Budget. A short break was taken from 9:20 p.m. to 9:32 p.m. Upon return, Councilmember Murray called the question relative to adoption of the Budget. Councilmember Johnson seconded. Upon roll call vote, Preisendorf, Wit, Murray, I I I Page 2, City Council Special Meeting, June 6, 1994 Johnson, Hosier, Kehm, and Solt voted aye. Seifert, Sorensen, and Shafer voted nay. Motion carried. Councilmember Wit then made a motion to table adoption of the Budget, and requested staff prepare an alternate Budget that included no dollar increase over last year's Budget, and retention of the Personnel Director position. Councilmember Preisendorf seconded the motion. Councilmember Seifert offered an amendment to the motion to include funding for nine fire station personnel. Councilmember Wit accepted the amendment. Roll call vote was taken. Upon roll call vote, Preisendorf, Wit, Murray, Hosier, Kehm, Seifert, Sorensen, Shafer,a nd Solt vote aye. Johnson voted nay. Motion carried. City Administrator Zachary Zoul requested direction from the Council relative to retaining funding for the Teen Center. Upon an informal vote, there were five Councilmembers in favor of the funding and five Councilmembers opposed to the funding. It was determined that a Special Meeting would be held Wednesday, June 15, 1994, at 7:00 p.m. to reconsider adoption of the Budget. #94-136 - Awarding Bid for Padmount Transformers. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of seventeen types of padmount transformers to serve the Utilities Department, and that bids were received from five suppliers. Ms. Griffiths noted that the low evaluated bids were received from Husker Electric of Lincoln in the amount of $59,706.62; Wesco of Grand Island in the amount of $182,741.41 and Crescent Electric of Grand Island in the amount of $356,400. Motion by Wit, second by Murray, carried unanimously to award the low bids to Husker Electric, Wesco, and Crescent Electric. ORDINANCES: Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that the Ordinance numbered: #8013 - Authorizing Conveyance of Platte Valley Industrial Park Property 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 Shafer seconded the motion. After inviting questions or comments, and there being none, Mayor Dobesh called for a roll call vote on the motion. Upon roll call vote, all voted aye. Clerk: Ordinance #8013 on its first reading. All those in favor of the passage, answer roll call. Upon roll call vote, all voted aye. Motion carried. Clerk: Ordinance #8013 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. I I I Page 3, City Council Special Meeting, June 6, 1994 Mayor: By reason of the roll call votes on the first and final passage of said ordinance, Ordinance #8013 is declared to be lawfully passed and adopted upon publication as required by law. ADJOURNMENT: The meeting was adjourned at 10:20 p.m. Respectfully submitted, ~v\du~ k UAn ~ ) LJ-- Cindy K. r9=a~~ght City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING June 13, 1994 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, 100 East First Street, on June 13, 1994. Notice of the meeting was given in the Grand Island Independent on June 8, 1994. Mayor Dobesh called the meeting to order at 7:00 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt. The following City Officials were present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith Sinor, and Public Works Director Wayne Bennett. PLEDGE OF ALLEGIANCE was said followed by INVOCATION given by Pastor Kay Moyer. PROCLAMATION: City Clerk Cindy Cartwright reported that June 14, 1994 had been proclaimed Flag Day. APPROVAL OF MINUTES: Motion by Solt, second by Seifert, carried unanimously to approve the minutes of the Regular City council Meeting of May 23, 1994, the Special City Council Study Session of May 24, 1994, the Special Meeting of May 31, 1994, the Special Study Session of May 31, 1994, and the Special Meeting of June 6, 1994. ADJOURN TO BOARD OF EQUALIZATION: Motion by Johnson, second by Preisendorf, carried unanimously to adjourn to the Board of Equalization. #94-BE-005 - 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. Mrs. Kelley noted that the District had been established in 1985 and was designed to provide administrative services associated with operational and promotional matters of concern to the Downtown area. Louise Miller, 1104 West Charles, David McGrath, 123 North Locust Street, and Chuck McCann, 123 North Locust Street, spoke in opposition to the assessment for owner occupied property. Motion by Johnson, second by Wit to approve Resolution #94-BE-005. Councilmember Murray moved to amend the Resolution to provide that the benefits on owner occupied properties which are used 100% for residential purposes be reduced to 10% of the assessed value. Councilmember Wit seconded the motion. Upon roll call vote, Preisendorf, Wit Murray, Johnson, Hosier, Kehm, Seifert, Sorensen and Shafer voted aye. Solt voted nay. Motion carried. Mrs. Kelley noted that four assessments were being removed at this time due to errors on their calculated assessments. Motion by Johnson, second by Seifert, carried unanimously to continue the Public Hearing for the four properties. I Page 2, City Council Regular Meeting, June 13, 1994 RETURN TO REGULAR SESSION: Motion by Kehm, second by Seifert, carried unanimously to return to Regular Session. PUBLIC HEARINGS: Economic Development Income Reuse Plan. Mrs. Jerenne Garroutte, Community Development Director, reported that on March 1, 1994, the city of Grand Island was notified by the State of Nebraska Department of Economic Development of the approval of Community Development Block Grant funds in the amount of $343,500 which were to be used as working capital for Nova- Tech, Inc. Mrs. Garroutte noted that one of the City's requirements for receipt of the grant was the adoption of an Income Re-Use Plan to demonstrate how the loan payments would be utilized. No public testimony was heard Downtown Improvement and Parking District #1. Mrs. Dianne Kelley, Downtown Development Director, reported that each year it was necessary to establish the occupation tax rate for the Downtown Improvement and Downtown Parking District which encompasses the downtown business area and supports the costs associated with the construction and maintenance of off- street parking facilities; promotion of public events which take place in the District area; and any other projects undertaken for the benefit and public facilities in the District. No public testimony was heard. I DISCUSSION AND INFORMATION ITEMS: Heritage Zoo. Dr. Gail Foreman of the Heritage Zoo presented information on the status of the Zoo and the progress made in recent years. Teen Center Proposal. David Vaughn, 804 West 10th Street, Shirley McVicker, 1710 Bridle Lane, and Julie Carmann spoke on the request for funding for the Teen Center. Mr. Vaughn suggested that the original funding request be modified to a request for $50,000 up front for development funding and $50,000 earmarked for Teen Center contingent upon match from community. Councilmember Wit voiced opposition to funding the Teen Center stating that the original request could become an ongoing request. Councilmember Sorensen spoke on the dedication of the people operating the facility. Discussion was held on the plans of the organization to fund operating expenses. Councilmember Johnson spoke in support of assisting the development of the facility and noted that an investment in today's youth would payoff significantly in the future. Jim Sander, 1621 North Wheeler, spoke in opposition to funding for the Teen Center. I Report on Pier Pool Demolition. Parks and Recreation Director Steve Paustian and Mike Spilinek, Olsson and Associates, presented information on the demolition of Pier Pool. Mr. Spilinek noted that the anticipated expense for demolition of the pool was approximately $130,440. I I I Page 3, City Council Regular Meeting, June 13, 1994 Discussion on Oak Ridge Park Corrective Measures Schedule. Craig Lewis, Building Inspections Director, reported that Oak Ridge Estates Mobile Home Park had corrected only four of the original forty items identified in the Schedule of Corrective Measures adopted by the City Council in January, 1994. Mr. Lewis recommended that Mr. Connelly be directed to complete all items on the April 8, 1994 memorandum by June 03, 1994, and that the original listing be completed as scheduled in the January 5, 1994 memorandum. Mr. Lewis also suggested that if the scheduled repairs were not completed on schedule by September, 30, 1994, that revocation proceedings should begin at that time. Mr. Bob Connelly spoke in support of extending the time table for completion of the corrective measures. A break was taken at 9:07 p.m. Meeting resumed at 9:22 p.m. 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 Cable Television Advisory Board Meeting of April 5, 1994, the minutes of the Fire/Police Pension Committee Meeting of April 20, 1994, the minutes of the Edith Abbott Memorial Library Board of May 2, 1994, the minutes of the Regional Planning Commission of May 11, 1994, the minutes of the Grand Island Area Solid Waste Agency Meeting of May 31, 1994, and the minutes of the Regional Planning Commission of June 1, 1994. Liquor Manager Designation. Police Chief Gene Watson reported that Mr. Adolph Brandt, 617 West Louise, had submitted an application for a Liquor Manager Designation in association with Elks BPO Lodge, 631 South Locust Street and that inasmuch as the applicant had not contacted the Police Department for the required interview, the Police Department could not make an informed recommendation. Motion by wit, second by Solt, carried unanimously to take no action on the application. Approval of Appointments. motion by Seifert, second by Kehm, carried unanimously to approve the appointments of Mrs. Jean White, Mr. Don Walters, and Mr. Dean Burch, to the Zoning Board of Adjustment, for a three year term expiring August 31, 1996, the appointment of Mr. Rob Czaplewski, to replace Cyndi Akin-Pepper, on the Cable Television Advisory Board, and the appointments of Mrs. Jan Karrer, and Dr. Russell Davis to serve the Library Board, for four year terms commencing July 1, 1994. RESOLUTIONS: #94-137 - Approving Final Plat for Park Island Square Third Subdivision. Nelson Helm, Regional Planning Director, reported that Breslin Grand Island Associations of Garden City, New York, had submitted the final plate for Park Island Square Third Subdivision, a 5.074 acre tract ofland located on the west side of U.S. Highway 281, approximately 1, 100 feet south of 13th Street. Motion by Seifert, second by Kehm to approve. Upon roll call vote, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt voted aye. Wit voted nay. Preisendorf I I I Page 4, City Council Regular Meeting, June 13, 1994 abstained. Motion carried. #94-139 - Approving Final Plat for Von Ohlen Subdivision. Nelson Helm, Regional Planning Director, reported that the Hall County Housing Authority had submitted the final plat for Von Ohlen Third Subdivision, a 6.865 acres tract of land located on the west side of Shady Bend Road, approximately 300 feet north of Seedling Mile Road. Motion by Seifert, second by Kehm to approve. Upon roll call vote, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer and Solt voted aye. Wit voted nay. Preisendorf abstained. Motion carried. #94-138 - Approving Final Plat for Ummel Subdivision. Nelson Helm, Regional Planning Director, reported that Mr. and Mrs. Thomas Ummel, Sr. had submitted the final plat for Ummel Subdivision, a 7.247 acre tract of land located on the east side of Shady Bend Road, approximately 1/2 mile north of Bismark Road. Motion by Seifert, second by Kehm to approve. Upon roll call vote, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer and Solt voted aye. Wit voted nay. Preisendorf abstained. Motion carried. #94-141 - Approving Amendment to Golf Course Professional's Contract. Steve Paustian, Parks and Recreation Director, reported that Mr. Scott Brunzell had served as Golf Professional at the Municipal Golf Course since March 1, 1977 and that the current contract between the City and Mr. Brunzell was for the period of January 1, 1992 to December 31, 1996. Mr. Paustian requested that the contract be amended to permit Mr. Brunzell, in his capacity as Golf Professional, to grant complimentary fees and extend playing privileges for the Municipal Golf Course. Motion by Seifert, second by Kehm to approve. Upon roll call vote, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer and Solt voted aye. Wit voted nay. Preisendorf abstained. Motion carried. #94-143 - Awarding Bid for 94-P-2 Street Patching Program. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for a contract award for Street Patching Project 94-P-2, to serve the Public Works Department, Street and Alley Division. Ms. Griffiths noted that one bid, submitted by Diamond Engineering, was submitted in the amount of$89,188. Motion by Seifert, second by Kehm to approve. Upon roll call vote, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer and Solt voted aye. Wit voted nay. Preisendorf abstained. Motion carried. #94-144 - Amending Contract with Red Cross. Steve Paustian, Parks and Recreation Director, reported that over 40 years ago, the City of Grand Island and the Hall County Chapter of the American Red Cross entered into an agreement whereby the City would sponsor a swimming program each summer, and the American Red Cross would provide instruction, staffing, and other services relating to the swimming program. Since 1992, the City has charged program participants as $12.00 fee, of which the American red Cross was paid $1.00 per participant. The Parks and Recreation Department is recommending that the agreement be amended to increase the fee for Red Cross services from $1.00 per participant to $2.00 per participant. Motion by I I I Page 5, City Council Regular Meeting, June 13, 1994 Seifert, second by Kehm to approve. Upon roll call vote, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer and Solt voted aye. Wit voted nay. Preisendorf abstained. Motion carried. #94-145 - Amending Contract with Aero-Metric Engineering. Inc. Wayne Bennett, Public Works Director, reported that at the City Council Meeting of February 10, 1992, the City Council approved a contract with Aero-Metric Engineering, Inc. for an aerial photogrammetric mapping project to provide for aerial photo mapping of the entire city and Hall County. Mr. Bennett explained that due to the length of time involved in the execution of the contract, Aero-Metric Engineering had notified the City that it was necessary to increase the prices for services yet to be rendered. Motion by Seifert, second by Kehm to approve. Upon roll call vote, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer and Solt voted aye. Wit voted nay. Preisendorf abstained. Motion carried. #94-146 - Awarding Bid for Concrete Division. Downtown Streetscape Project. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the streetscape project for the Downtown Development Department and that three bids were received ranging from $7,800 to $46,020. Ms. Griffiths noted that the low bid was submitted by Mike Galvan Construction of Grand Island. Motion by Seifert, second by Kehm to approve. Upon roll call vote, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer and Solt voted aye. Wit voted nay. Preisendorf abstained. Motion carried. #94-142 - Approving Stop Sign Protection for Independence Avenue from Manchester to Capital Avenue. Wayne Bennett, Public Works Director, reported that in early May, Councilmember Kehm had requested that staff review the need for stop sign protection on streets adjacent to Independence Avenue, to provide for eastbound/westbound traffic to stop before crossing the intersection. Mr. Bennett stated that the Public Works Department had reviewed the warrants for stop sign protection for Independence Avenue from Manchester to Capital Avenue, and supported the need to erect stop signs. Motion by Seifert, second by Kehm to approve. Upon roll call vote, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer and Solt voted aye. Wit voted nay. Preisendorf abstained. Motion carried. #94-147 - Approving Income Re-Use Plan for Economic Development Revolving Loans. Motion by Seifert, second by Kehm to approve, Upon roll call vote, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer, and solt voted aye. Wit voted may. Preisendorf abstained. Motion carried. #94-148 - Approving Change Order #1. Wastewater Treatment Plant Expansion. Wayne Bennett, Public Works Director, reported that the Public Works Department had developed Change Order #1 for the Wastewater Treatment Plant Expansion, which provided for numerous changes to streamline project administration and which resulted in a total deduction of $10,218 to the total project cost. Motion by Seifert, second by Kehm to approve, Upon roll call vote, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer, and solt voted aye. Wit voted nay. I I I Page 6, Regular City Council Meeting, June 13, 1994 Preisendorf abstained. Motion carried. #94-149 - Approving Change Order #1. #2. and #3, for Street Improvement Project #1188. Wayne Bennett, Public Works Director, reported that the Public Works Department had developed Change Orders #1, #2, and #3 for Street Improvement Project #1188, which provides for storm drainage and paving of State Street, between North Road and Diers Avenue. Mr. Bennett noted that the proposed Change Order would increase the contract amount to $726,063. Motion by Seifert, second by Kehm to approve, Upon roll call vote, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer, and so It voted aye. Wit voted nay. Preisendorf abstained. Motion carried. #94-150 - Approving Lease Agreement for Property Located at Eighth Street and Lambert Street. Motion by Seifert, second by Kehm to approve the lease agreement with Apostolic Rock Ministries for the City-owner property located at 804 North Lambert, for rental price of $1.00 per year. Upon roll call vote, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer, and solt voted aye. Wit voted nay. Preisendorf abstained. Motion carried. ORDINANCES: City Attorney Keith Sinor recommended that the Council delay acting on Ordinance #8018 - Approving Downtown Business and Improvement District #1 Assessments, to reflect the anticipated changes to be made at the next Council meeting. Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that the ordinances numbers: #8012 - Amending Chapter 2 of City Code Relative to Meeting Schedule #8016 - Approving Request for Vacation of Easement in Park Island Square Second Subdivision #8017 - Approving Request for Vacation of Easement in Pleasant View 10th Subdivision #8019 - Approving Downtown Improvement and Parking District #1 #8020 - Creation of Water Main District #417T, 20th Street, from Illinois Street to Plum 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 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, Mayor Dobesh called for a roll call vote on the motion. Upon roll call vote, Preisendorf, Wit Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt voted aye. I I I Page 7, City Council Regular Meeting, June 13, 1994 Clerk: Ordinances #8012, #8016, #8017, #8019, #8020 on their first reading. All those in favor of passage, answer roll call. Upon roll call vote, Preisendorf, Wit Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, shafer and Solt voted aye. Motion carried. Clerk: Ordinances #8012, #8016, #8017, #8019, #8020 on their final passage. All those in favor of passage of said ordinances on their final passage, answer roll call. Upon roll call vote, Preisendorf, Wit Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer and Solt voted aye. Motion carried. Mayor: By reason of the roll call vote on the first reading and final passage of said Ordinances, Ordinances #8012, #8016, #8017, #8019, and #8020 are declared to be lawfully passed and adopted upon publication as required by law. PUBLIC DISCUSSION OF NON-AGENDA ITEMS: Tracy Overstreet, 921 West Second, spoke in support of the Teen Center. Gene McCormick, 707 South Pleasantview, spoke in opposition to City funding for a Teen Center. PAYMENT OF CLAIMS: Councilmember Preisendorf abstained from voting on Claim #019928. Motion by Seifert, second by Solt, carried unanimously to approve the claims in the amount of $2,669,927 as presented by the City Clerk ADJOURNMENT: The meeting was adjourned at 9:40 p.m. Respectfully submitted, (1WUL f\~i1MA'gLt- Cindy K. lrtwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL SPECIAL MEETING June 15, 1994 Pursuant to due call and notice thereof, a Special Meeting of the City of Grand Island was conducted in the Council Chambers of City Hall, 100 East First Street, on Wednesday, June 15, 1994. Notice of the Meeting was given in the Grand Island Independent on June 11, 1994. Mayor Dobesh called the meeting to order at 7:00 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt. The following City Officials were present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith Sinor, and Public Works Director Wayne Bennett. DISCUSSION ON FY 1994-1995 ANNUAL BUDGET. City Administrator Zachary Zoul reviewed the proposed budget and addendums, and the alternate budget prepared in response to request from Councilmember Wit. Councilmember Wit spoke in opposition to funding for the Teen Center. City Administrator Zoul noted that the Teen Center was included in the budget only because the Council had listed the Teen Center as the number three priority at the Council retreat. Councilmember Murray noted that property tax should be viewed as a the source for funding public safety. Councilmember Johnson noted that staffing costs were constant and that it would be irresponsible for the Council to increase fire station staffing without providing for a funding source. Councilmember Johnson added that the City had a responsibility to maintain meeting the needs of the community. Councilmember Kehm noted that, based on results from a survey in his ward, residents would be willing to pay increased taxes to fund increased public safety. Councilmembers Kehm and Seifert spoke in support of retaining funds for the library. Councilmember Sorensen spoke in support of reducing travel and training expenditures. City Administrator Zoul noted that much of the employee training was required by state and federal mandates. Gene McCormick, 707 South Pleasantview, and Fred Whitesides, 507 West Charles, spoke on the budget. Laurie Shultis, 4018 Palace Drive, spoke in support of the increase in funding for the Crisis Center. At 8:20 p.m., a break was taken. Meeting resumed at 8:33 p.m. Councilmember Murray moved to include an increase of 2.7% in property tax funds in the budget. Councilmember Johnson seconded. Councilmember Wit suggested that the Council first determine level of spending to ascertain need. Councilmember Shafer spoke in support of purchase of cemetery land, and development of L. E. Ray Park. Discussion was then held on several proposed projects. It was determined, by informal vote, that funding be included for nine additional fire station personnel for the fourth fire station, $150,000 for purchase of a pumper truck, $40,000 for cemetery land acquisition, $20,000 for homeless shelter, retention of library book funding, $24,000 for fire station ventilation, $37,500 for L.E. Ray Park development, increase of $2,000 in funding for Crisis Center, $2,500 for Housing I I I Page 2, City Council Special Meeting, June 15, 1994 Study/Plan, $10,000 for Fire Alert Safety Systems, $20,000 for playground equipment, funding for monitor defibrillator, retention of Personnel Department, $35,000 for State Street hike and bike trail, $75,000 for engineering of Island Oasis Water Park expansion, and inclusion of a 2.7% increase in property tax funds. It was determined that a Special Meeting would be held on Monday, June 20, 1994 to consider adoption of the amended budget. ADJOURNMENT: The meeting was adjourned at 9:45 p.m. Respectfully submitted, ~rlA1 ~ (ifl ~1/\;1j ~4- Cindy ~~ (~artwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL SPECIAL MEETING June 20, 1994 Pursuant to due call and notice thereof, a Special Meeting of the City of Grand Island was conducted in the Council Chambers of City Hall, 100 East First Street, on Monday, June 20, 1994. Notice of the Meeting was given in the Grand Island Independent on June 16, 1994. Mayor Dobesh called the meeting to order at 7:00 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt. The following City Officials were present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith Sinor, and Public Works Director Wayne Bennett. RESOLUTIONS: #94-135 - Approving: Fiscal Year 1994-1995 Annual Budget. City Administrator Zachary Zoul reviewed the proposed FY 1994-1995 Annual Budget, Addendums #1, 2, 3, and 4. Councilmember Seifert spoke in support of funding for the Teen Center. Councilmember Johnson questioned the purpose of the contingency fund and spoke in opposition to unallocated funds. Councilmember Solt moved to adopt the Budget as proposed. Councilmember Kehm seconded the motion. Councilmember Murray spoke in support of Pier Pool demolition. Dick Niedfelt, 229 East Ashton, spoke on the issue of demolition of Pier Pool. Councilmember Shafer offered an amendment to Councilmember Solt's motion whereby funds, in the amount of $115,000, would be allocated for the demolition of Pier Pool. Councilmembers Solt and Kehm accepted the amendment. Roll call vote on the motion to adopt the Budget was taken. Upon roll call vote, Preisendorf, Murray, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt voted aye. Wit, and Johnson voted nay. Motion carried. 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: #8014 - Approving 1994-1995 General City Property Tax Levy #8015 - Approving Appropriations Ordinance 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 I I I Page 2, City Council Special Meeting, June 20, 1994 reading and final passage. Councilmember Seifert seconded the motion. After inviting questions or comments, and there being none, Mayor Dobesh called for a roll call vote on the motion. Upon roll call vote, Councilmembers Preisendorf, Wit, Murray, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt voted aye. Johnson voted nay. Motion carried. Mike Hooper, 209 1/2 West Sixth Street, questioned the travel and training budgets. Clerk: Ordinances #8014, and #8015 on their first reading. All those in favor of the passage, answer roll call. Upon roll call vote, Councilmembers Preisendorf, Murray, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt voted aye. Councilmembers Wit and Johnson voted nay. Motion carried. Clerk: Ordinances #8014 and #8015 on final passage. All those in favor of the passage of the ordinances on final passage, answer roll call. Upon roll call vote, Councilmembers Preisendorf, Murray, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt voted aye. Councilmembers Wit and Johnson voted nay. Motion carried. Mayor: By reason of the roll call votes on the first and final passage of said ordinances, Ordinances #8014, and #8015 are declared to be lawfully passed and adopted upon publication as required by law. LOCATION OF FOURTH FIRE STATION. Discussion was held on potential sites for the fourth fire station. Councilmember Murray noted that the Fire Station Committee recommended the station be located in the vicinity of 13th Street and North Road. Councilmember Kehm spoke in support of locating the station to the east of the intersection, away from the residential area. Councilmember Sorensen moved that the station be located in the middle of 13th Street. Councilmember Seifert seconded the motion. Councilmember Wit suggested that the Council delay action until further information relative to price was available. Councilmember Johnson suggested that the Councilmembers whose wards were closest to the area voice their preference for the location. Councilmember Seifert spoke in support of locating the station on State Street. Councilmember Kehm noted that the City owned the land, which was in a commercial area, on State Street. Councilmembers Shafer and Wit spoke in support of the State Street location. Bob Hays, 4311 Lariat Lane, and Daryl Hartley, 616 MacArthur, spoke in support of the 13th Street location. Motion by Councilmember Solt, second by Seifert, to table action on designation of site for Fire Station #4 until staff had an opportunity to analyze availability of land and price. Upon roll call vote, all voted aye. Motion carried. ADJOURNMENT: The meeting was adjourned at 7:42 p.m. 0;"CdullR&~h~'A~ CindY~Cartwright l City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING June 27, 1949 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, 100 East First Street, on June 27, 1994. Notice of the meeting was given in the Grand Island Independent on June 22, 1994. Mayor Dobesh called the meeting to order at 7:00 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt. The following City Officials were present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith Sinor, and Public Works Director Wayne Bennett. PLEDGE OF ALLEGIANCE was said followed by INVOCATION given by City Clerk Cindy Cartwright. PRESENTATION: Ms. Betty Curtis, Leon VanWinkle, David Barts, and Gene Kramer, on behalf of Clean Community Systems, presented the City of Grand Island with three awards for recycling efforts. Ms. Jerenne Garroutte, Community Development Director, presented a placque to the City commemorating the City's receipt of a $350,000 block grant. APPROVAL OF MINUTES: Motion by Shafer, second by Seifert, carried unanimously to approve the minutes of the Regular City Council Meeting of June 13, 1994, the Special City Council Meeting of June 15, 1994, and the Special City Council Meeting of June 20, 1994. ADJOURN TO BOARD OF EQUALIZATION: Motion by Sorensen, second by Solt, carried unanimously to adjourn to the Board of Equalization. #94-BE-005 - Business Improvement District #1. Motion by Murray, second by Preisendorf, carried unanimously to approve #94-BE-005 including the five properties which had been removed from the Hearing last week due to typographical errors. RETURN TO REGULAR SESSION: Motion by Sorensen, second by Solt, carried unanimously to return to Regular Session. PUBLIC HEARINGS: I I I Page 2, City Council Regular Session, June 27, 1994 Renewal of Conditional Use Permit for Sand and Gravel Operation. Craig Lewis, Building Inspections Director, reported that Mr. Mike Stauffer, Kearney, had submitted an application for the continuation of a sand and gravel operation located on the west side of Highway 281, south of Schimmer Drive. Mr. Lewis explained that the Regional Planning Department had recommended that if the permit were renewed, it be contingent upon the following conditions: 1.) final elevation of any portion of subject property within the delineated floodway should not exceed original elevations; 2.) any stored overburden and excavated material should not be located within the delineated floodway; and 3.) that the owner should apply for a Flood Plain Development Permit from the Building Department and Regional Planning Commission with the aforementioned conditions. No public testimony was heard. Establishment of a Community Redevelopment Authority. Bob Meyer, Chairman of the Community Redevelopment Authority Task Force, presented information on the purpose of the Task Force, benefits of a Community Redevelopment Authority, and requested that the City Council create a Community Redevelopment Authority. Earl Wilson, 2323 Bellwood Drive, Glendale Reiss, 910 North Boggs, Gene McCormick, 707 South Pleasantview, and Paul Hamilton, 305 Cherokee, spoke on the issue. Vie Aufdemberge, 403 East 17th, and Larry Huwaldt, #11 Ponderosa Drive, spoke in support of the Community Redevelopment Authority. Councilmember Solt suggested that the board positions be advertised and that the applications be forwarded to the Community Redevelopment Authority Task Force for recommendation prior to submittal to the Mayor for appointment. DISCUSSION AND INFORMATION ITEMS: Progress Report on Integrated Solid Waste Management Plan. Gene Kramer, Solid Waste Superintendent, presented a Progress Report on the Integrated Solid Waste Management Plan, and noted that Phase II of the Plan, relating to goals and discussion on how to meet those goals, had been completed. Locking Main Entrance to L.E. Ray Lake Park. Parks and Recreation Director Steve Paustian reported that Councilmember Seifert had requested that the main entrance to L.E. Ray Lake Park be locked in order to provide protection against night vandalism. Councilmember Shafer spoke in support of immediate development of the area to help address the issue. Gene McCormick, 707 South Pleasantview, and Paul Hamilton, 305 Cherokee, spoke against locking the gates. Councilmember Solt noted that police enforcement was vital. Police Chief Watson spoke against locking the gates, noting that the additional entrance time to unlock the gates could be crucial in an emergency. Motion by Seifert, second by Solt, to lock the main entrance. Upon roll call vote, Preisendorf, Johnson, Hosier, Kehm, Seifert, and Solt voted aye. Wit, Murray, Sorensen, and Shafer voted nay. Motion carried. Modifying Dates Relative to Sale of Fireworks. Councilmember Seifert spoke in support of amending City Code to allow for the sale of fireworks to begin June 25th. It was noted that this was a change from the June 27th date currently allowed under City Code. Kay Collins, 1003 West Louise, spoke in opposition to the extended sale dates. Councilmembers Solt and Kehm I I I Page 3, City Council Regular Meeting, June 27, 1994 spoke in support of the proposal. Paul Hamilton, 305 Cherokee, spoke in support of the proposal. Motion by Seifert, second by Solt, to amend City Code to allow for the sale of fireworks in accordance with the dates established by State Statues. Lewis Kent, 624 East Meves, spoke against the earlier date. Fire Chief Jim Rowell noted the Fire Department's concern for safety. Upon roll call vote, Kehm, Seifert, Shafer and Solt voted aye. Sorensen abstained. Preisendorf, Wit, Murray, Johnson, and Hosier voted nay. Motion failed. A break was taken from 8:40 p.m. to 8:50 p.m. REQUESTS AND REFERRALS: Receipt of Official Documents. Motion by Seifert, second by Solt, carried unanimously to receive and place on file the minutes of the Civil Service Commission meeting of March 31, 1994. Renewal of Conditional Use Permit for Continuation of Sand and Gravel Operation. Motion by Shafer, second by Seifert, carried unanimously to approve the request for continuation of Conditional Use Permit for Sand and Gravel Operation, with conditions as set forth by the Regional Planning Department. Request for Use of Public Streets for Kiwanis Day Parade. Motion by Sorensen, second by Preisendorf, carried unanimously to approve the request of the Grand Island Kiwanis Club for use of public streets for the 44th Annual Kiwanis Club Parade to be held September 24, 1994. Request for License Agreement for Use of Storm Sewer Outfall Ditch for Grazing Cattle. Public Works Director Wayne Bennett reported that Mr. Gary Ummel had submitted an application for a License Agreement to allow for the use of the public storm drainage ditch right of way for the grazing of cattle. Motion by Johnson, second by Sorensen to approve. Upon roll call vote, Wit, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, and Shafer voted aye. Preisendorf voted nay. Motion carried. Referral of Rezoning Requests to Regional Planning Commission. Motion by Seifert, second by Solt, carried unanimously to referral the requests of Mrs. Jan Thayer, 2307 Stagecoach Road, for rezoning of a parcel of property locate don the south side of Hedde Street bordered on the west by Adams Street and on the east by Hope Street, from a Medium Density Zone to a High Density Residential Zone, and Ms. Katherine Hilker, 1409 East Dunbar, Tempe, Arizona, for rezoning of a parcel of property located at the northeast corner of the intersection of Highway 281 and State Street, from a Transitional Agriculture Zone to a General Business Zone. Request for Use of Public Property for Sidewalk Sale. Dianne Kelley, Downtown Development Director, reported that the Downtown Promotions Committee had submitted a request to close the intersection streets of Locust Street and Wheeler Street from the alley south of Third Street to the alley north of Third Street for the 53rd Annual Sidewalk Sale to be held on Saturday, July 9, 1994. Motion by Sorensen, second by Seifert, carried unanimously to approve. I I I Page 4, City Council Regular Meeting, June 27, 1994 RESOLUTIONS: #94-151 - Approving Service Agreement with State of Nebraska Relative to Review Appraisals of Right of Way Acquisition for Webb Road Widening Proiect. Wayne Bennett, Public Works Director, reported that inasmuch as the Webb Road widening project would be partially funded with Federal funds, the Nebraska Department of Roads needed to review and approve the appraisals for the acquisition of the right of way. Motion by Murray, second by Johnson, carried unanimously to approve the service agreements with the State of Nebraska relative to review of the appraisals. #94-152 - Repealing Street Improvement District #1189, East 15th Street from Saint Paul Road to End of Street. Wayne Bennett, Public Works Director, reported that on May 23, 1994 the City Council established Street Improvement District #1189 in order to provide paving on East 15th Street from St. Paul Road to the end of the street. Mr. Bennett explained that the 20 day period during which affected property owners could file objections to the creation of the district had passed and that property owners representing 60.5 % of the front footage had filed objections. Mr. Bennett stated that dissolution of the District, and repealment of Ordinance #8011, was in order. Motion by Johnson, second by Murray, carried unanimously to approve. #94-140 - Approving Union Contract Amendments. City Administrator Zachary Zoul reported that amendments were proposed for revisions to the five existing contracts with the four employee unions. Motion by Sorensen, second by Seifert to approve. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, and Sorensen voted aye. Shafer, and Solt voted nay. Motion carried. #94-153 - Approving Contract with Nebraska Department of Environmental Quality Relative to Air Sampling. Cindy Cartwright, City Clerk, reported that in 1989 the City had entered into an agreement with the Nebraska Department of Environmental Control which allowed the Department to install an air pollution sampler at the City Hall, and that an amendment, to reflect the costs for electrical expenses, set at $45 per quarter, was now required. Motion by Sorensen, second by Seifert to approve. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, and Sorensen voted aye. Shafer, and Solt voted nay. Motion carried. #94-154 - 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 Utilities Department, and that bids were submitted by five vendors. Motion by Sorensen, second by Seifert to award the low bid, in the amount of $23,601.24, to Wesco of Grand Island for seven electrical items. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, and Sorensen voted aye. Shafer, and Solt voted nay. Motion carried. #94-155 - Awarding Bid for Wooden Utility Poles. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of two types of wooden utility I I I Page 5, City Council Regular Meeting, June 27, 1994 poles to serve the Utilities Department, and that bids were solicited from five bidders offering pricing for 40' and 45' lengths of poles. Ms. Griffiths explained that four bids were received ranging from $215.50 to $289.44; and $258.50 to $349.77 each respectively, and that the low bid was submitted by Larsen Marketing of Lincoln. Motion by Sorensen, second by Seifert to award the low bid to Larsen Marketing. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, and Sorensen voted aye. Shafer, and Solt voted nay. Motion carried. #94-156 - Awarding Bid for Fiberglass Utility Poles. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of utility poles to serve the Utilities Department, and that bids were solicited from five bidders offering pricing for four types of utility poles. Ms. Griffiths noted that the fiberglass pole option best suited the City's needs, and that five bids were received for the fiberglass poles, ranging from $535 to $674. Ms. Griffiths added the low bid was submitted by Husker Electric of Lincoln in the amount of $21,400. Motion by Sorensen, second by Seifert to award the low bid to Husker Electric. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, and Sorensen voted aye. Shafer, and Solt voted nay. Motion carried. #94-157 - Awarding Bid for Power Plant Precipitator Control System. Gary Mader, Utilities Director, reported that as a part of the Controls Upgrade Project at the Platte Generating Station, the Utilities Department had received bids for an upgraded precipitator control system to remove ash from the unit's combustion gases. Mr. Mader stated that bids were solicited and evaluated by the Utilities Department in conjunction with Black and Veatch and that seven bids were received ranging from $109,760 to $67,306.37. It was noted that the low evaluated bid was submitted by Precip Tech, Inc. of Kansas City, Missouri in the amount of $70,836.57. Motion by Sorensen, second by Seifert to award the bid to Precip Tech, Inc. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, and Sorensen voted aye. Shafer, and Solt voted nay. Motion carried. #94-158 - Awarding Bid for Street Improvement Program No. L 1994. Beth Griffiths, Purchasing Agent, reported that the Public Works Department had received bids for Street Improvement Program No.1, 1994, which consists of four petition districts: #1165, #1183, #1185, and #1187. Ms. Griffiths explained that one bid was submitted by Diamond Engineering Company, in the amount of $290,128.29. Motion by Sorensen, second by Seifert, to award the low bid to Diamond Engineering. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, and Sorensen voted aye. Shafer, and Solt voted nay. Motion carried. #94-161 - Approving Amendment to Contract with Bernal Enterprises. Cindy Cartwright, City Clerk, reported that on February 7, 1994, the City had entered into a contract with Bernal Enterprises to providing vending and food services at City Hall and that it was necessary to modify the contract to better reflect the responsibilities of the contractor and owner relative to use/liability of the facilities. Motion by Sorensen, second by Seifert to approve. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, and Sorensen voted aye. Shafer, and Solt voted nay. Motion carried. I I I Page 6, City Council Regular Meeting, June 27, 1994 #94-159 - Approving Traffic Modification at the Manchester-Cannon Corridor from North Road to Engleman Road. Wayne Bennett, Public Works Director, reported that Councilmember Seifert had requested staff review the need for stop sign protection for Manchester-Cannon Corridor from North Road to Engleman Road, and that the Public Works Department had determined that stop sign protection was warranted. Motion by Seifert, second by Wit, carried unanimously to approve. #94-160 - Approving Pinal Completion of TV Inspection Proiect 94-TV-1. Wayne Bennett, Public Works Director, reported that Johnson Service Company of Osceola, Nebraska, had completed the work provided for in Television Inspection Project 94- TV-I. Motion by Johnson, second by Solt, carried unanimously to approve. 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: #8018 - Approving Downtown Business and Improvement District #1 Assessments #8021 - Creation of Community Redevelopment Authority #8022 - Approving Water Rate Modification 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 Preisendorf seconded the motion. Councilmember Murray spoke in support of the Community Redevelopment Authority, but suggested that more time be given to involve the community in the issue. Councilmember Murray moved to table Ordinance #8021 to the next Regular City Council Meeting. Councilmember Johnson seconded the motion. Councilmember Wit noted that the City Council had the prerogative to set the levy and at that time the general public would have ability to provide input. Upon roll call vote, Murray and Johnson voted aye. Preisendorf, Wit, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt voted nay. Motion to table Ordinance #8021 failed. After inviting further questions or comments and there being none, Mayor Dobesh called for a roll call vote on the motion. Upon roll call vote, Preisendorf, Wit, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt voted aye. Johnson and Murray voted nay. Motion carried. Clerk: Ordinances #8018, #8021, #8022 on their first reading. All those in favor of the passage, answer roll call. Upon roll call vote, all voted aye. Motion carried. Clerk: Ordinances #8018, #8021, #8022 on final passage. All those in favor of the passage of the ordinances on final passage, answer roll call. Upon roll call vote, Preisendorf, Wit, Murray, I I I Page 7, City Council Regular Meeting, June 27, 1994 Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt voted aye. Johnson abstained. Motion carried. Mayor: By reason of the roll call votes on the first and final passage of said ordinances, Ordinances #8018, #8021, and #8022 are declared to be lawfully passed and adopted upon publication as required by law. CLAIMS: Motion by Solt, second by Kehm, carried unanimously to approve the claims in the amount of $2,228,718.63 as presented by the City Clerk. Sorensen, and Preisendorf were absent at the time the vote was taken. ADJOURNMENT: The meeting was adjourned at 10:07 p.m. Respectfully submitted, ~ cfr(&fl ~ Cindy K. Cartwright City Clerk I I I CITY OF GRAND ISLAND OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING July 11, 1994 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, 100 East First Street, on July 11, 1994. Notice of the meeting was given in the Grand Island Independent on July 6, 1994. Mayor Dobesh called the meeting to order at 7:00 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Wit, Murray, Johnson, Hosier, Seifert, Sorensen, and Shafer. Councilmembers Kehm and Solt were absent. The following City Officials were present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith Sinor, and Public Works Director Wayne Bennett. PLEDGE OF ALLEGIANCE was said followed by INVOCATION gIven by Vicar Scot Kinnaman. APPROVAL OF MINUTES: Motion by Shafer, second by Seifert, carried unanimously to approve the minutes of the City Council Regular Meeting of June 27, 1994. PUBLIC HEARINGS: Change of Land Use Zoning. City Administrator Zachary Zoul reported that Mrs. Jan Thayer, 2307 Stagecoach Road, had submitted a request to rezone a parcel of property located on the south side of Hedde Street bordered on the west by Adams Street and on the east by Hope Street, from an "R3" (Medium Density) Zone to an "R4" (High Density Residential) Zone. Mrs. Jan Thayer spoke in support of the request. Change of Land Use Zoning. City Administrator Zachary Zoul reported that Ms. Katherine Hilker, 1409 East Dunbar, Tempe, Arizona, had submitted a request to rezone a parcel of property located at the northeast corner of the intersection of Highway 281 and State Street, from a "TA" (Transitional Agriculture) Zone to a "B2" (General Business) Zone. No public testimony was heard. Renewal of Conditional Use Permit for the Temporary Placement of Mobile Home. Craig Lewis, Building Inspections Director, reported that Harlan D. Sorensen had submitted an application for the renewal of a Conditional Use Permit for the temporary placement of a mobile home at 124 East Capital Avenue. Mr. Harland Sorensen and Councilmember Steve Johnson spoke in support of granting the request. I I I Page 2, City Council Regular Meeting, July 11, 1994 DISCUSSION AND INFORMATION ITEMS: Presentation in Internship Program. City Administrator Zachary Zoul introduced Dr. Rob Baker and 13 interns from Wittenberg University, Springfield, Ohio. A project report was given. Presentation on Water Park Capital Improvement Program. Michael Spilinek, of Olsson Associates, presented three conceptual plans and associated costs to serve as a capital improvement program for the Island Oasis Water Park. Guidance was requested from the Council. Councilmembers Shafer, Seifert, and Murray expressed opposition to a deep pool. Councilmembers Seifert and Murray voiced support for expansion of the wave pool area. Councilmember Wit supported Scheme three, with the deletion of the deep pool and the expansion of the wave pool area. Councilmember Johnson expressed concern about cost of expansion schemes, and favored spending $400,000 - $500,000 on lazy river, rapids ride, or a taller slide. Councilmember Shafer suggested that adding a rapids ride or lazy river might decrease useage of wave area. Steve Paustian, Parks and Recreation Director, requested that the Councilmembers each meet with him individually to provide input. REQUEST AND REFERRALS: Receipt of Official Documents. Motion by Seifert, second by Shafer, carried unanimously to receive and place on file the minutes of the Downtown Improvement Board Meeting of May 17, 1994, and the Minutes of the Library Board Meeting of June 7, 1994. Appointments to Board of Health. Motion by Seifert, second by Shafer, carried unanimously to approve the appointments of Dr. Chris Waters; Ms. Janet Janulewicz, and Mr. John Tignor to the Board of Health. Request for Liquor License. Motion by Sorensen, second by Seifert, carried unanimously to approve an application submitted by Mr. Leonard Hupf, President of the Grand Island Liederkranz, for a Special Designated Liquor Permit for July 23, 1994 from 11:00 a.m. to 10:00 p.m., to provide for the sales of alcoholic beverages, at an enclosed beer garden, in conjunction with the Ethnic Festival. Request for Liquor Manager Designation. Keith Sinor, City Attorney, reported that Ms. Linda Neemeyer, Kearney, had submitted an application for a Liquor Manager Designation associated with Gas'N Shop, 806 North Eddy Street. Motion by Preisendorf, second by Johsnon to take no action as applicant was not present. Police Chief Gene Watson noted that the City Code did not currently require manager applicants to be present. Councilmember Sorensen spoke in support of approval of the application. Councilmember Johnson suggested the item be tabled to the next meeting and that the applicant be requested to attend. Motion by Preisendorf, second by Johnson, to table. Upon roll call vote, Preisendorf, Johsnon, Hosier, Seifert, and Shafer voted aye. Wit, Murray, and Sorensen voted nay. Motion failed. Motion by Sorensen, second by Wit to approve liquor manager designation. Upon roll call vote, Wit, Murray, Hosier, Seifert, and Sorensen voted aye. Preisendorf, Johnson, and Shafer voted nay. Mayor Dobesh voted aye. Motion carried. I Page 3, City Council Regular Meeting, July 11, 1994 Preliminary Study of Menard Subdivision. City Administrator Zachary Zoul reported that Olsson & Associates, Lincoln, on behalf of Menard's Inc., Eau Claire, Wisconsin, had submitted a preliminary study for the Manard Subdivision, a 16,27 acre tract of land located on the west side of U.S. Highway 281 immediately north of State Street. Seifert moved to approve with the following conditions: 1.) provision of 16' public utility and storm sever easements; 2.) admustment of lot line between lots 2 and 3 to the proposed sanitary sewer manhole location, or the extension, or realignment of the sanitary sewer to the common lot line of the two lots (sanitary sewer sizen must be 10 inches for commercial area; 3.) either the inclusion of the 50' utility easement on the westerly side of the property as part of the ownership oft ot 1, or proof of provision of storm sewer easements across the property for access to the outfall ditch; and 4.) provision of right of way at the intersection of State Street and Diers Avenue as required by the Director of Public Works and Director of Utilities. Councilmember Johnson questioned why Council receives preliminary study. City Administrator Zachary Zoul explained that the study serves as a basis for final plat which would incorporate elements of the preliminary study. Second by Shafer, motion carried unanimously. Request for Renewal of Conditional Use Permit for Temporary Placement of Mobile Home. Motion by Sorensen, second by Shafer, carried unanimously to approve the request of Harlan D. Sorensen for renewal of Conditional Use Permit for one year for temporary placement of mobile home at 124 East Capital Avenue. I RESOLUTIONS: #94-162 - Approving Final Plat and Subdivision Agreement. It was reported that Riverside Investment, Inc., and Lawrence 1. and Marjorie E. Scheel, owners, had submitted the final plat and subdivision agreement for Santa Anita Estates Subdivision. Motion by Seifert, second by Shafer, carried unanimously to approve. I #94-163 - Approving Extension of Completion Date for Street Patching Program 94-P-2. Wayne Bennett, Public Works Director, reported that James L. Harden, President of Diamond Engineering Company, had submitted a request to extend the time for completion of Street Patching Program 94-P-2. Motion by Seifert, second by Shafer, carried unanimously to approve. #94-164 - Awarding Bids for Purchase of Miscellaneous Electrical Items. Beth Griffiths, Purchasing Agent, reported that bids had been received for the purchase of miscellaneous electrical items to service the Utilities Department, Electric Line and Underground Divisions, and that bids were solicited from five vendors. Ms. Griffiths explained that ten of the 16 line items could be awarded without City Council action inasmuch as the total award to each bidder was less than $10,000. It was noted that low bids for the remaining six electrical items was submitted by Crescent Electric of Grand Island in the amount of $12,822.26 plus tax. Motion by Shafer, second by Seifert, carried unanimously to award bid to Crescent Electric. #94-165 - A warding Bids for Purchase of Printer. Beth Griffiths, Purchasing Agent, requested the purchase of a IBM 6262 printer for use by the Finance Department, Data Procssing Division. I I . Page 4, City Council Regular Meeting, July 11, 1994 Ms. Griffiths noted that the printer would be purchased from a State contract, which met all statutory bidding criteria. Motion by Shafer, second by Seifert, carried unanimously to approve. #94-166 - Certifying Final Completion for Asphalt Maintenance Project 93-AC-2. Wayne Bennett, Public Works Director, reported that JIL Asphalt Paving Company of Grand Island, had completed worked on Asphalt Maintenance Project 93-AC-2. Motion by Preisendorf, second by Wit, carried unanimously to approve. #94-167 - Approving Budget Amendment. Chuck Haase, Finance Director, reported that a number of revisions to the Fiscal Year 1993-1994 Annual Budget had been made to reflect the actual and projected costs associated with various projects and activities which differed from the level anticipated in the original document. Mr. Haase noted that that revisions did not increase the overall appropriation level. Motion by Wit, second by Johnson to approve. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Hosier, Seifert, Shafer voted aye. Sorensen voted nay. Motion carried. 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: #8023 - Approving Change of Land Use #8024 - Approving Change of Land Use be considered for final passage on the same day upon reading by number only, and then palced on final passage, and that the City clerk be permitted to call out the number of the Ordiannces on their first and final reading, and then upon final passage, and call for a roll call vote on eachy reading and final passage. Councilmember Preisendorf seconded the motion. Motion carried unanimously. Clerk: Ordinances #8023 and #8024 on their first reading. All those in favor of the passage, answer roll call. Upon roll call vote, Preisendorf, Wit, Murray, Hosier, Seifert, Sorensen, and Shafer voted aye. Johnson was absent. Motion carried. Clerk: Ordinance #8023 and #8024 on final passage. All those in favor of the passage of the ordinanced on final passage, answer roll call. Upon roll call vote, Preisendorf, Wit, Murray, Hosier, seifert, Soresen, and Shafer voted aye. Johson was absent. Motion carried. Mayor: By reason of the roll call votes on the first and final passage of said ordinances, Ordinances #8023 and #8024 are declared to be lawfully passed and adopted upon publication as required by law. DISCUSSION OF NON-AGENDA ITEMS: Professor Rob Baker of Wittenberg University expressed his gratitude to the City of Grand Island for participating in the internship program. I I I Page 5, City Council Regular Meeting, July 11, 1994 CLAIMS: Motion by Seifert, seoncd by Sorensen, carried unanimously to approve the claims in the amount of $1,643,087.62, as presented by the City Clerk. ADJOURNMENT: The meeting was adjourned at 8:40 p.m. Respectfully submitted, ~1 i ./ ( l,'JI1f1uI- I<( f!J)~ Cindy K. dtrtwright City Clerk hC'Z/75 ki I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL TOUR July 25, 1994 Pursuant to due call and notice thereof, a tour of the Island Oasis Water Park was conducted on July 25, 1994 at 6:00 p.m. Notice of the meeting was given in the Grand Island Independent on July 23, 1994. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Murray, Johnson, Hosier, Kehm, Seifert, Shafer, and Solt. Wit and Sorensen were ~bsent. City Administrator Zachary Zoul and Parks and Recreation Director Steve Paustian. Discussion was held on establishing a Master Plan for the Island Oasis. Respectfully submitted, ~laJ;j~ ~iUktJtf- Cindy K. /lartwright .. City Clert( I I I CITY OF GRAND ISLAND OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING July 25, 1994 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, 100 East First Street, on July 25, 1994. Notice of the meeting was given in the Grand Island Independent on July 20, 1994. Mayor Dobesh called the meeting to order at 7:00 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt. The following City Officials were present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith Sinor, and Public Works Director Wayne Bennett. PLEDGE OF ALLEGIANCE was said followed by INVOCATION given by Pastor Kay Alnor Moyer. APPROVAL OF MINUTES: Motion by Seifert, second by Sorensen, carried unanimously to approve the minutes of the Regular City Council Meeting of July 11, 1994. PROCLAMATION: City Clerk Cindy Cartwright reported that August, 1994, had been proclaimed as Ronald McDonald House Month. PUBLIC HEARINGS: Request for Temporary Placement of Mobile Home at Lots 1 and 2 of Billy Poe Subdivision. Craig Lewis, Building Inspections Director, reported that Mr. Tim Kolar, 214 East Koenig Street, had submitted an application for a Conditional Use Permit for the temporary placement of a mobile home on Lots 1 and 2 of Billy Poe Subdivision, which is located on the west side of Shady Bend Road approximately 3/8 mile north of Bismark Road. No public testimony was heard. DISCUSSION AND INFORMATION ITEMS: Governmental Services Television Network News. This item was postponed until a later date. Cemetery Land Acquisition. Steve Paustian, Parks and Recreation Director, reported that as discussed during the 1994-1995 Budget workshops, two options, the Kinman property and the sale barn property, have been delineated for the acquisition of additional land to serve as a future expansion area for the City Cemetery. Discussion was held on the benefits of each property. Ernie Thayer, 2307 Stagecoach, spoke on the issue. Motion by Johnson, second by Murray, to begin negotiations for the purchase of the Kinman property. Upon roll call vote, Wit, Murray, Johnson, Kehm, and Seifert voted aye. Preisendorf, Hosier, Sorensen, Shafer, and Solt I I I Page 2, City Council Regular Meeting, July 25, 1994 voted nay. Motion failed. Motion by Sorensen, second by Seifert to directParks and Recreation Director Steve Paustian to contact each property owner and determine if there was room for negotiation on the purchase price. Upon roll call vote, Preisendorf, Wit, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt voted aye. Johnson abstained. Murray voted nay. Motion carried. Oak Ridge Estates Mobile Home Park. Craig Lewis, Building Inspections Director, reported that at the December 20, 1993 City Council Meeting, discussion was held relative to the revocation of the mobile home park license for the Oak Ridge Estates Mobile Home Park, due to serious violations of the City Code and that the Building Inspections Department inspected the mobile home park on July 21, 1994, and determined that substantial progress had been made. Mr. Lewis added that a letter had been sent to Mr. Connelly requesting that the remainder of the items needing correction be completed immediately in order to comply with the schedule of corrective measures established by the Council. Discussion on Water Park Expansion Project. Steve Paustian, Parks and Recreation Director, reported that at the July 11, 1994 City Council Meeting, the City Council reviewed alternative concept plans for future capital improvements to the Island Oasis Water Park which will result in a two track decision-making process, development of a Master Plan for the facility, and determination as to any short term expansion project. Gene McCormick, 707 South Pleasantview, and Earl Wilson, 2323 Bellwood Drive, spoke on the issue. Councilmember Johnson moved to approve the Master Plan to include the following components: platform with two slides, lazy river with rapid ride, numerous activities in children's area; and expansion of the wave pool. Councilmember Johnson noted that the Master Plan could be amended at any time. Councilmember Seifert seconded the motion. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, Shafer, and Solt voted aye. Sorensen voted nay. Motion carried. Discussion on AIda Enterprise Zone Application. Andy Baird, President of the Grand Island Industrial Foundation, presented information on the proposed application by the Village of AIda for Nebraska State Enterprise Zone Status. Mr. Baird explained that the Nebraska Enterprise Zone Act was passed to assist in broadening and stabilizing the economic base of the state by stimulating job creation and investment in distressed areas, and noted that the City's only involvement was that an interlocal agreement between the Village of AIda and the City of Grand Island would be needed inasmuch as the proposed enterprise zone was partially located within the zoning jurisdiction of the City,. REQUESTS AND REFERRALS: Receipt of Official Documents. Motion by Solt, second by Shafer, carried unanimously to receive and place on file the minutes of the Downtown Improvement Board Meeting of June 28, 1994 and the minutes of the Regional Planning Commission Meeting of June 1, 1994. I I I Page 3, City Council Regular Meeting, July 25, 1994 Receipt of Petition for Creation of Street Improvement District. Wayne Bennett, Public Works Director, reported that the Public Works Department had received a petition requesting the establishment of a Street Improvement District on 15th Street, from Saint Paul Road to 1/2 block east of Poplar Street. Mr. Bennett explained that the District would provide for the construction of paving and sidewalk improvements and the cost would be funded through special assessments to property owners and City cost for intersections from sales tax revenue. Mr. Bennett pointed out that this district had previously been created by the City Council on June 22, 1987 and protested out with 74.9 % of the frontage protesting; on May 10, 1993 and protested out with 60.5 % of the frontage protesting; and on May 9, 1994 and protested out with 60.5 % of the frontage protesting. Motion by Sorensen, second by Murray, carried unanimously to deny the request for creation of the district. Kay Luft, 722 East 15th Street, and Emily Yokley, 622 East 15th Street, spoke in opposition to creation of the district. Referral of Rezoning Request of General Mills Restaurants. Inc. It was reported that Ronald G. Gates, Assistant Secretary for General Mills Restaurants, Inc., of Orlando, Florida, had submitted a request to rezone a parcel of property located on the northeast corner of U. S. Highway 281 and 13th Street at Conestoga Mall, from a "CD" zoning district to an "Amended CD" zoning district. Motion by Preisendorf, second by Solt, carried unanimously to approve the rezoning referral. Request of Arthritis Foundation for Use of Public Streets. Motion by Sorensen, second by Kehm, carried unanimously to approve the request of the Arthritis Foundation for use of the public streets for the Third Annual Jingle Bell Run and Walk for Arthritis to be held on Sunday, December 4, 1994. Request of RN Concessions for Special Designated Liquor Permit. Motion by Wit, second by Preisendorf, carried unanimously to approve the request of Ms. Jean Mohnike, manager of R N Concessions, located at 700 East Stolley Park Road, Grand Island, for a Special Designated Liquor Permit for Saturday, July 30, 1994 from 8:00 p.m. to 1 :00 a.m. in conjunction with a wedding reception to be held in a canvas tent on the infield of the race track. Ms. Mohnike was present on behalf of the application. Request for Temporary Placement of Mobile Home. Shady Bend Road. Motion by Johnson, second by Preisendorf, carried unanimously to approve the request of Mr. Tim Kolar for placement of a mobile home at lots 1 and 2 of Billy Poe Subdivision, for a two year period of time. Request of Wal-Mart Stores, Inc.. for License Agreement for Paving over Sanitary Sewer Easement. Motion by Seifert, second by Solt, carried unanimously to approve the request of Mr. Raymond H. Frankenberg II, on behalf on Wal-Mart Stores, Inc., for a License Agreement to pave over existing sanitary sewer easements located behind the Wal-Mart store, parallel to the west property line. I I I Page 4, City Council Regular Meeting, July 25, 1994 Request of Congregation of Jehovah's Witnesses for Paving over Easement. Motion by Seifert, second by Solt, carried unanimously to approve the request of the Congregation of Jehovah's Witnesses for a License Agreement to allow for paving over a 20' easement that runs through the center of the lot, located at 2425 South Webb Road. Request for Parking Modification on Park Drive. Steve Paustian, Parks and Recreation Director, reported that Mr. Robert Lathen, 2521 Park Drive, had submitted a request with the City Clerk's Office for a no parking zone on both sides of Park Drive, to Blaine Street, east approximately 500 feet, from 5:00 p.m. to 7:00 p.m., because of the traffic congestion created by citizens who were participating in or attending baseball and soccer games in the southwest corner of Stolley Park. Mr. Bob Lathen, 2521 Park Drive, Steve Dowding, 2924 Park Drive, and Harvey Oshsner, 2519 Park Drive, spoke in support of the request. Motion by Solt, second by Shafer, carried unanimously to designate both sides of Park Drive, to Blaine Street, east approximately 500 feet, as a no parking zone for Monday through Friday, from 5:00 p.m. to 7:00 p.m. Approving Appointments. Motion by Sorensen, second by Solt, carried unanimously to approve the appointments of Ms. Tabby Proffitt, 2313 Stagecoach Road, to the Board of Health, and the appointment of Mr. Butch Mathews, 4239 Kay Avenue, to the Community Development Board. Consideration of Request by Hall County for Old City Hall Building Purchase Option. Dianne Kelley, Downtown Development Director, reported that the Hall County Board had asked the city for a purchase option for the old City Hall building, and had discussed a zero dollar payment, but, had held out giving the City a County owned parcel at the southwest corner of Bellwood Drive and Stolley Park Road. Ms. Kelley reported that Deputy County Attorney Jerry Janulewicz had noted that the Bellwood Drive property did have a covenant restricting the property to residential use only. Dick Hartman, Rural Route 2, spoke in support of approving the option. Motion by Solt to deny the request, inasmuch as the City had placed responsibility for future plans for the building with the Downtown Development Association. Councilmember Preisendorf seconded the motion. Mayor Dobesh and Councilmember Sorensen spoke in support of the County's request. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Hosier, Shafer, and Solt voted aye. Kehm, Seifert, and Sorensen voted nay. Motion carried. A break was taken at 8:20 p.m. The meeting resumed at 8:30 p.m. RESOLUTIONS: #94-168 - Approving: Change Order #2. Wastewater Treatment Plant Expansion Project. Wayne Bennett, Public Works Director, reported that the Public Works Department had developed Change Order #2 for the Wastewater Treatment Plant Expansion, which provided for 15 changes. Motion by Solt, second by Sorensen to approve. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Sorensen, Shafer, and Solt voted aye. Seifert was absent at the time the vote was taken. Motion carried. I I I Page 5, City Council Regular Meeting, July 25, 1994 #94-169 - Approving Site for Location for Fire Station #4. It was reported that several locations, including the northeast corner of the intersection of North Road and 13th Street, the southeast corner of North Road and 13th Street, a site on State Street, 766 feet west of Diers Avenue, and a location 1,800 feet east of the intersection of North Road and 13th Street, just west of Nebraska Cellular, had been suggested for location of Fire Station #4. Fire Chief Jim Rowell recommended that Fire Station #4 be located at the intersection on the southeast corner of 13th Street and North Road in order to provide emergency egress to either North Road for north-south traffic or 13th Street for east-west traffic. Motion by Sorensen, second by Seifert to designate the intersection on the southeast corner of 13th Street and North Road as the location for Fire Station #4. Councilmember Kehm stressed the importance of safety precautions at that intersection. Councilmember Wit questioned if widening of 13th Street was included in the Comprehensive Land Use and Transportation Plan. Wayne Bennett, Public Works Director, reported that widening was scheduled in the medium to long range plan. Lewis Kent, 624 East Meves, spoke against the 13th Street location and in support of the State Street location. Upon roll call vote, Preisendorf, Wit, Murray, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt voted aye. Johnson voted nay. Motion carried. #94-170 - Awarding Bid for Photocopier Machine. City Clerk Cindy Cartwright reported that a photocopier was needed to replace the machine leased in September, 1993, which did not perform satisfactorily. Ms. Cartwright stated that the bid for a copy lease program, utilizing a Sharp 3075 photocopier, which was submitted by Eakes Office Products for a copy lease program, was under GSA contract, and met the needs of the City. Motion by Seifert, second by Wit, carried unanimously to award the bid to Eakes Office Products. #94-171 - Awarding Bid for Asphalt Maintenance Proiect 94-AC-1. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for Asphalt Maintenance Project 94-AC-1, which included pricing for five sections in various locations to serve the Public Works Department, and that one bid had been received in the amount of $394,245.92, submitted by J. I. L Asphalt Paving Company. Ms. Griffiths noted that the Public Works Department reviewed the bid and considered the pricing fair and competitive but, because the total of these sections exceeded the available funds, the Public Works Department recommended the deletion of Section 4, South North Road, from Husker Highway to Stolley Park Road, from the project, for a reduced total price of $310,188.02. Motion by Seifert, second by Wit, carried unanimously to award the bid to J.LL. Asphalt in the amount of $310,188.02. #94-172 - Awarding Bid for Comprehensive Insurance Plan. Chuck Haase, Finance Director, reported that on July 18, 1994, the Finance Department had received proposals for the City's Risk Management Program for the property, casualty, errors and omissions, worker's compensation, auto, and general liability insurance coverage, and that proposals were received from three companies, Arthur J. Gallagher, Ryder, Rosacker, McCue and Houston, and The Insurance Group, for all or part of the insurance package. Mr. Haase explained that a four member committee consisting of the Finance Director, Purchasing Agent, Senior Accounting Clerk, and an insurance consultant reviewed the proposals and that the Finance Director recommended that the insurance package be awarded to The Insurance Group and Arthur J. I I I Page 6, City Council Regular Meeting, July 25, 1994 Gallagher based on coverage provided, and program costs. Motion by Seifert, second by Wit, carried unanimously to approve. #94-173 - Approving Tennis Professional Contract. Steve Paustian, Parks and Recreation Director, reported that the City of Grand Island had entered into a contract with Mr. Patrick Mlauzi, Tennis Professional, on September 1, 1993, to manage and operate the Racquet Center and that the contract between the City and Mr. Mlauzi would expire on July 31, 1994. Mr. Paustian noted that City staff had prepared an advertisement inviting individuals interested in operating and managing the facility to submit proposals and that one proposal, from Mr. Mlauzi, was received. Mr. Paustian recommended that a contract providing for Mr. Mlauzi's management and operation of the facility for a period of five years be approved. Motion by Seifert, second by Wit, carried unanimously to approve. #94-174 - Approving Renewal of Health Insurance Policy. 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 and that the annual premium for renewal of health insurance was for the period of August 1, 1994 through July 31, 1995. Motion by Seifert, second by Wit, carried unanimously to approve. #94-175 - Awarding Bid for Asphalt Surfacing. Beth Griffiths, Purchasing Agent, reported that the Community Development Department had received bids for the asphalt surfacing of the lot at 221 East Third Street which will be used by the YMCA/YWCA for parking and that two bids were received, in the amounts of $9,845 and $10,665. Ms. Griffiths noted that the low bid was submitted by J.LL. Asphalt Paving Company and that Council approval of the contract was necessary. Motion by Seifert, second by Wit, carried unanimously to approve the contract. #94-176 - Approving Transfer of Surplus Pickup. Motion by Seifert, second by Wit, carried unanimously to approve the transfer of a surplus pickup from the Public Works Department to the Grand Isle Heritage Zoo. #94-177 - Approving Renewal of Dental Insurance Policy. Motion by Seifert, second by Wit, carried unanimously to approve the renewal of the City's dental insurance coverage contract with Ameritas Life Insurance Company which provides for a 27 % increase in annual premium. #94-178 - Approving Grant Application for Enhancement of Pier Park Lake. Steve Paustian, Parks and Recreation Director, reported that the Nebraska Environmental Trust accepted applications for grant funding to assist in enhancing and restoring the natural physical and biological environment in Nebraska and that the Parks and Recreation Department had prepared a proposed application seeking $430,000 for the enhancement of Pier Park Lake. Motion by Seifert, second by Kehm, carried unanimously to approve. #94-179 - Approving Certificate of Final Completion for Sanitary Sewer Proiect 93-S-1. Motion by Seifert, second by Kehm, carried unanimously to approve the Certificate of Final Completion for Sanitary Sewer Project 93-S-1 I I I Page 7, City Council Regular Meeting, July 25, 1994 #94-180 - Approving Certificate of Final Completion for Street Patching Program 94-P-2. Motion by Seifert, second by Kehm, carried unanimously to approve the Certificate of Final Completion for Street Patching Program 94-P-2. #94-181 - Establishing Public Works Fees. Chuck Haase, Finance Director, reported this Resolution provided for an increase in service fees, approximating a 5 % increase over existing levels, for certain Public Works fees. Motion by Seifert, second by Kehm, to approve. Upon roll call vote, Wit, Murray, Hosier, Kehm, Seifert, Sorensen, and Solt voted aye. Preisendorf, Johnson, and Shafer voted nay. Motion carried. #94-182 - Establishing Tennis Fees. Chuck Haase, Finance Director, reported that this Resolution provided for an increase in service fees, approximating a 5 % increase over existing levels, at the tennis facilities. Motion by Seifert, second by Kehm, to approve. Upon roll call vote, Wit, Murray, Hosier, Kehm, Seifert, Sorensen, and Solt voted aye. Preisendorf, Johnson, and Shafer voted nay. Motion carried. #94-183 - Establishing Police Department Fees. Chuck Haase, Finance Director, reported that this Resolution provided for a $1 increase in the records check and the storage fees. It is recommended that these fees become effective August 1, 1994. Motion by Seifert, second by Kehm, to approve. Upon roll call vote, Wit, Murray, Hosier, Kehm, Seifert, Sorensen, and Solt voted aye. Preisendorf, Johnson, and Shafer voted nay. Motion carried. #94-184 - Establishing Aquatics and Playground Fees. Chuck Haase, Finance Director, reported that this Resolution provided for $1 increase in swimming lessons, 5 % increase in fees for aquatic passes, 25<: increase in daily admissions fees, and a 7-10% increase in group rates, and that the fees would become effective January 1, 1995. Motion by Seifert, second by Kehm, to approve. Upon roll call vote, Wit, Murray, Hosier, Kehm, Seifert, Sorensen, and Solt voted aye. Preisendorf, Johnson, and Shafer voted nay. Motion carried. #94-185 - Establishing Library Fees. Chuck Haase, Finance Director, reported that this Resolution provided for the addition of a processing fee for lost materials, and fees for sending and receipt of facsimiles, both of which were not contained in the 1994-1995 Annual Budget. Motion by Seifert, second by Kehm, to approve. Upon roll call vote, Wit, Murray, Hosier, Kehm, Seifert, Sorensen, and Solt voted aye. Preisendorf, Johnson, and Shafer voted nay. Motion carried. #94-186 - Establishing City Hall Rental Space Fees. Chuck Haase, Finance Director, reported that this Resolution provided for rental fees for the Community Meeting Room, Council Chambers, and the lower level kitchen. Motion by Seifert, second by Kehm, to approve. Upon roll call vote, Wit, Murray, Hosier, Kehm, Seifert, Sorensen, and Solt voted aye. Preisendorf, Johnson, and Shafer voted nay. Motion carried. I I I Page 8, City Council Regular Meeting, July 25, 1994 #94-187 - Establishing Fire Services Fees. Chuck Haase, Finance Director, reported that this Resolution provided for an approximate 5 % increase in various fees and maintaining the Family Subscription Program cost. Motion by Seifert, second by Kehm, to approve. Upon roll call vote, Wit, Murray, Hosier, Kehm, Seifert, Sorensen, and Solt voted aye. Preisendorf, Johnson, and Shafer voted nay. Motion carried. ORDINANCES: Motion by Solt, second by Preisendorf, carried unanimously to table action on Ordinances #8028, #8029, #8030, #8031, #8032, #8033, #8034, #8035, #8036, #8037, and #8038 relative to fee adjustments. 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: #8025 - Approving Request for Vacation of Alleyway #8026 - Approving Request for Vacation of a Portion of Eleventh Street #8027 - Approving Request for Vacation of Easement 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 Shafer seconded the motion. Motion carried unanimously. Clerk: Ordinances #8025, #8026, #8027 on their first reading. All those in favor of the passage, answer roll call. Upon roll call, all voted aye. Motion carried. Clerk: Ordinances #8025, #8026, #8027 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 carried. Mayor: By reason of the roll call votes on the first and final passage of said Ordinances, Ordinances #8025, #8026, and #8027 are declared to be lawfully passed and adopted upon publication as required by law. DISCUSSION OF NON-AGENDA ITEMS: Jack Roark, 556 East 18th Street, questioned City's plans relative to speed bumps. Ted Walford, 1304 North Saint Paul Road, and Tom Moran, 560 East 18th Street, spoke on traffic detours resulting from Burlington Northern Project. Councilmember Johnson requested that discussion be held on these traffic routes at the next Study Session. Councilmember Seifert requested that discussion be held relative to the use of inner City highways being used for heavy construction trucks. I I I Page 9, City Council Regular Meeting, July 25, 1994 PAYMENT OF CLAIMS: Motion by Johnson, second by Preisendorf, carried unanimously to approve the claims in the amount of $2,634,113.89 as presented by the City Clerk. Councilmember Preisendorf abstained from voting on Claim #021131, and Councilmember Seifert abstained from voting on Claim #021191. ADJOURNMENT: The meeting was adjourned at 9:40 p.m. Respectfully submitted, ~~ City Clerk I I I CITY OF GRAND ISLAND OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL STUDY SESSION August 1, 1994 Pursuant to due call and notice thereof, a Study Session of the City of Grand Island was conducted in the Council Chambers of City Hall, 100 East First Street, on August 1, 1994. Notice of the meeting was given in the Grand Island Independent on July 27, 1994. Mayor Dobesh called the meeting to order at 7:00 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Sorensen, and Solt. Councilmembers Seifert and Shafer were absent. The following City Officials were present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, Assistant City Attorney Lisa Thayer, and Assistant Public Works Director Bud Buettner. Review of Annual Personnel Plan Labor Market Adiustments. David Bell, Personnel Director, and Chuck Haase, Finance Director, presented information on the proposed Personnel Plan Labor Market salary adjustments. Discussion was held relative to the Andersen Pay Plan Methodology. City Administrator Zachary Zoul noted that the general fund increases were driven by the police increases, and the unions, and the enterprise funds were driven by the labor market for utility workers, and that this was the third year of the union contracts. Earl Wilson, 2323 Bellwood Drive, spoke against the pay plan. Glendale Reiss, 910 North Boggs, questioned whether the changes were in the budget. City Administrator Zoul replied that the 1994-1995 Annual Budget provided funds for the adjustments. Councilmember Johnson requested an itemized inventory of the adjustments. Review of Proposed 1994-1995 Fee Adiustments. Finance Director Chuck Haase presented a review of the proposed 1994-1995 fee adjustments. Councilmember Sorensen spoke against an increase in the fees for garbage haulers. Discussion on Traffic Detours Relative to Burlington Northern Elevated Rail Proiect. Assistant Public Works Director Bud Buettner reported that no plans existed to sign 18th Street as a detour while Capital Avenue was closed for the Burlington Northern Elevated Rail Project. Councilmember Johnson asked that Council address citizen concerns relative to speed enforcement and traffic channeling at the next meeting. Presentation by Interns on Assigned Proiects. The thirteen Wittenberg University interns presented information on the progress of the projects assigned to them. Discussion was held on projects such as landscaping regulations, Parks Master Plan, and Underground Electric Policy. Discussion on Establishing Fees for Heavy Truck Usage of City Streets. Councilmember Seifert had forwarded this concern to the City staff and had suggested the City enforce a truck route and I I I Page 2, City Council Study Session, August 1, 1994 load limit. It was determined that the Public Works Department would follow-up on available options. Presentation on Comprehensive Insurance Program. Finance Director Chuck Haase presented information on the City's Comprehensive Insurance program for the risk management/insurance program. Mr. Haase noted that there was an 8 % reduction in the premium while the City lowered its deductible on property damage from $50,000 to $10,000. Adjournment. The meeting was adjourned at 9:30 p.m. c;ClfilllR~u- Cindy ~artwrighl City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING August 8, 199~ 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, 100 East First Street, on August 8, 1994. Notice of the meeting was given in the Grand Island Independent on August 3, 1994. Mayor Dobesh called the meeting to order at 7:00 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Wit, Murray, Johnson, Hosier, Seifert, Sorensen, and Shafer. Kehm and Solt were absent. The following City Officials were present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, Public Works Director Wayne Bennett, and Assistant City Attorney Lisa Thayer. PLEDGE OF ALLEGIANCE was said followed by INVOCATION given by Father J. Timothy Kiser. APPROVAL OF MINUTES. Motion by Shafer, second by Sorensen, carried unanimously to approve the minutes of the City Council Island Oasis Tour of July 25, 1994, the minutes of the Regular City Council Meeting of July 25, 1994, and the minutes of the City Council Study Session of August 1, 1994. PRESENTATIONS: Professor Rob Baker, Wittenberg University, voiced appreciation to the Council for sponsoring the internship program. PUBLIC HEARINGS: Request of Casey's General Stores. Inc. for Class "B" Liquor License. A Public Hearing was held on the request of Casey's General Stores, Inc., 420 North Broadwell, for a Class "B" Liquor License. City Clerk Cindy Cartwright introduced the following exhibits: Application for a Class "B" Liquor License filed with the Nebraska Liquor Control Commission and received by the City on July 24, 1994; notice to general public of date, time, and place of hearing published on July 28, 1994; notice to the applicant of date, time, and place of hearing mailed on July 25, 1994; Chapter 4 of City Code; and departmental reports as required by City Code. Bradley Pahl, area supervisor for Casey's General Stores, spoke in support of the application, and presented the following exhibits: annual report, training information and visual aids relative to selling to minors. No other public testimony was heard. Request of General Mills Restaurants. Inc. for Class "I" Liquor License. A Public Hearing was held on the request of General Mills Restaurants, Inc., dba Red Lobster, Highway 281 and 13th Street, for a Class "I" Liquor License. City Clerk Cindy Cartwright introduced the following exhibits: Application for a Class "I" Liquor License filed with the Nebraska Liquor Control I I I Page 2, City Council Regular Meeting, August 8, 1994 Commission and received by the City on July 20, 1994; notice to general public of date, time, and place of hearing published on July 26, 1994; notice to the applicant of date, time, and place of hearing mailed on July 21, 1994; Chapter 4 of City Code; and departmental reports as required by City Code. Anita Gutel, Director of Operations, spoke in support of the application. No other public testimony was heard. Request for Change of Land Use Designation. Nelson Helm, Regional Planning Director, reported that Mr. Ronald G. Gates, representing General Mills Restaurants, Inc., dba Red Lobster, 5900 Lake Ellenor Driver, Orlando, Florida, had submitted a request to amend the plan of an existing Commercial Development Zone for property located on the north side of 13th Street between U.S. Highway 281 and Webb Road, being the Conestoga Mall, to allow the addition of a new 4,076 square foot freestanding building. No public testimony was heard. DISCUSSION AND INFORMATION ITEMS: Discussion on Traffic Routes and Speed Enforcement Relative to Burlington Northern Elevated Rail Proiect. Councilmember Johnson requested that this item be discussed at the next Study Session. Discussion on Cemetery Land Acquisition. Steve Paustian, Parks and Recreation Director, reported that he had made contact with land owners relative to the sale of property proposed for cemetery land acquisition, and that the asking price for the 5.63 acre Kinman property located just west of the cemetery, west and north of the Johnson Cashway lumber yard, remained firm at $40,000 or $7,104.80 per acre, and that the owners of the 21.3 acre former Sale Barn property, located northwest of the Cemetery adjacent to the Union Pacific Railroad tracks, had offered to sell the land to the City for $15,500 per acre or $345,355.50 for the entire parcel. Mr.Paustian noted that this offer provided that the City would buy the property on an "as is" basis. The Parks and Recreation Director noted that John Van Skiver, representing Johnson Cashway, had offered to sell approximately 5.66 acres of land, adjacent to the Kinman property, at a cost of $40,000 or $7,067.14 per acre. Motion by Johnson to purchase the Kinman property and secure an option on the Johnson Cashway property. Second by Murray. Upon roll call vote, Preisendorf, Wit, Murray, Johnson and Hosier voted aye. Sorensen, Seifert and Shafer voted nay. Motion failed. 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 Civil Service Commission Meeting of June 14, 1994, minutes of the Library Board Meeting of July 5, 1994, minutes of the Board of Health Meeting of July 29, 1994, and minutes of the Grand Island Area Solid Waste Agency Meeting of July 11, 1994. Request for Gap Paving of Sunset Avenue from Cherry Street to Stuhr Road. Wayne Bennett, Public Works Director, reported that Mr. Ray Miller, 1020 East Sunset Avenue, had requested I I I Page 3, City Council Regular Meeting, August 8, 1994 creation of a gap paving district for Sunset A venue between Cherry Street and Stuhr Road, and that gap paving required adjacent owners to pay the assessments regardless of whether a majority support the paving. Motion by Wit to approve the request and direct staff to prepare Ordinance providing for gap paving. Second by Murray. Councilmember Johnson spoke against gap paving and in support of a Street Improvement District which would allow for citizen support or petition against. Councilmember Wit amended his motion to include notification to all property owners of the date when the Ordinance creating a gap paving district would come before the Council. Upon roll call vote, Wit, and Murray voted aye. Preisendorf, Johnson, Hosier, Seifert, Sorensen, and Shafer voted nay. Motion failed. Motion by Murray, second by Shafer, carried unanimously to create a Street Improvement District for this area. Approving Appointment to Downtown Improvement Board. Motion by Shafer, second by Seifert, carried unanimously to approve the appointment of Mr. John Goosen to the Downtown Improvement Board. Request for Road Improvements to Roush Lane. Wayne Bennett, Public Works Director, reported that Councilmember Seifert had submitted a request for grading and gravel improvements to Roush Lane from Bellwood Avenue east, about 1,720 feet to the east end of Roush Subdivision. Councilmember Seifert moved to approve the request. Second by Sorensen. Councilmember Preisendorf suggested that an amendment be made to the motion whereby an agreement of no protest paving district be included. At the advice of the Assistant City Attorney, the amendment was withdrawn. Ted Robb, 3740 South US Highway 281, spoke in support of the request. Motion by Johnson to table the request to the next Study Session. Second by Wit. Upon roll call vote, Preisendorf, Wit, Murray and Johnson voted aye. Hosier, Seifert, Sorensen, and Shafer voted nay. Motion failed. Upon roll call vote on the motion to approve the request, Seifert, Sorensen, Shafer, and Hosier voted aye. Preisendorf abstained. Murray, Johnson and Wit voted nay. Motion failed. Request for Change of Location for Liquor License. Motion by Sorensen, second by Seifert to approve the request of Mr. Ted Robb, of Robb Investments, dba Booze, Blues, and Barbeques, formerly Winner's Circle Lounge, for a change of location to 1403 South Locust Street. Upon roll call vote, Preisendorf, Wit, Murray, Hosier, Seifert, Sorensen, and Shafer voted aye. Johnson voted nay. Motion carried. Request of Casey's General Stores, Inc., for Class "B" Liquor License. Motion by Sorensen, second by Seifert to approve the request of Casey's General Stores, Inc., for a Class "B" Liquor License, contingent upon compliance with City Code. Upon roll call vote, Preisendorf, Wit, Murray, Hosier, Seifert, Sorensen, and Shafer voted aye. Johnson voted nay. Motion carried. Approving: Liquor Manager for Casey's General Stores, Inc. Motion by Sorensen, second by Seifert to approve the request of Bradley Pahl for Liquor Manager for Casey's General Stores, Inc. Upon roll call vote, Preisendorf, Wit, Murray, Hosier, Seifert, Sorensen, and Shafer voted aye. Johnson voted nay. Motion carried. I I I Page 4, City Council Regular Meeting, August 8, 1994 Approving Request of General Mills Restaurants. Inc.. dba Red Lobster for Class "I" Liquor License. Motion by Sorensen, second by Seifert to approve the request of General Mills Restaurants, Inc., dba Red Lobster, for a Class "I" Liquor License, contingent upon compliance with City Code. Upon roll call vote, Preisendorf, Wit, Murray, Hosier, Seifert, Sorensen, and Shafer voted aye. Johnson voted nay. Motion carried. Approving Liquor Manager for General Mills Restaurants. Inc. Motion by Sorensen, second by Seifert to approve the request of Anita Gutel, for Liquor Manager for General Mills Restaurants, Inc. Upon roll call vote, Preisendorf, Wit, Murray, Hosier, Seifert, Sorensen, and Shafer voted aye. Johnson voted nay. Motion carried. Approving Liquor Manager for Elks BPO Lodge #604. Motion by Sorensen, second by Seifert to approve the request of Mr. John VanOosbree for Liquor Manager for the Elks BPO Lodge, 631 South Locust Street. Upon roll call vote, Preisendorf, Wit, Murray, Hosier, Seifert, Sorensen, and Shafer voted aye. Johnson voted nay. Motion carried. Approving Request for License Agreement for Use of Utility Easement. Wayne Bennett, Public Works Director, reported that Captain Kevin VanZee, Commanding Officer of The Salvation Army, had submitted a request for a License Agreement for the use of a utility easement in a vacated alley, located at 818 West Third Street. Motion by Johnson, second by Sorensen, carried unanimously to approve. RESOLUTIONS: #94-188 - Approving Final Plat and Subdivision Agreement for Conestoga Mall Fifth Subdivision. Nelson Helm, Regional Planning Director, reported that Conestoga Joint Venture, owner, had submitted the final plat for the Conestoga Mall Fifth Subdivision, a 52.760 acre tract of land located on the north side of 13th Street between U.S. Highway 281 and Webb Road. Motion by Sorensen, second by Preisendorf, carried unanimously to approve. #94-189 - Approving Final Plat and Subdivision Agreement for Ponderosa Lake Estates Third Subdivision. Nelson Helm, Regional Planning Director, reported that James B. Baldwin, President of Ponderosa Estates, Inc., of Grand Island, had submitted the final plat for Ponderosa Lake Estates Third Subdivision, a 42.656 acre tract of land located on the west side of U.S. Highway 281 immediately north of Schimmer Drive. Motion by Sorensen, second by Preisendorf, carried unanimously to approve. #94-190 - Approving Parking Modification along Park Drive. Motion by Sorensen, second by Shafer, carried unanimously to approve the request for a no parking zone along Park Drive beginning at Blaine Street and continuing east for a distance of approximately 500 feet, from 5:00 p.m. to 7:00 p.m., Monday through Friday. #94-191 - Awarding Bid for Postage Meter. Cindy Cartwright, City Clerk, reported that the Resolution provided for the enactment of a Rental Agreement with Pitney Bowes allowing for I I I Page 5, City Council Regular Meeting, August 8, 1994 the rental and maintenance of a postage machine to be used in conjunction with the mailing machine, and for the establishment of a postage by telephone program whereby pre funding of postage is utilized. Motion by Seifert, second by Wit, carried unanimously to approve the agreement with Pitney Bowes. #94-132 - Awarding Bid for Front End Loader. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of one 24,500 lb 4-wheel drive front end loader to replace an existing unit of the same size for the Street and Transportation Division, and that four bids were received, ranging from $41,334 to $64,815. Ms. Griffiths noted that the low bid was submitted by Contractors Machinery of Grand Island. Motion by Murray, second by Seifert, carried unanimously to award the low bid to Contractors Machinery of Grand Island. #94-133 - Awarding: Bid for Dump Trucks. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of one 44,000 GVW dump truck and one 26,000 GVW truck to serve the Street and Transportation Division. Ms. Griffiths noted that three bids were received, ranging from $43,707 to $46,295, and $30,260 to $33,677, respectively, and that the low bid was submitted by Hansen International of Grand Island in the total net amount of $73,967, for both trucks. Motion by Murray, second by Seifert, carried unanimously to award the low bid to Hansen International. #94-134 - Awarding Bid for Low Power Television Transmitter. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of a low power television transmitter to serve the Governmental Educational Television function and that bids were received from two bidders in the amounts of $35,359 and $43,180, and that the low bid was submitted by R & R TV, of Riverton, Wyoming. Motion by Shafer, second by Seifert, carried unanimously to award the low bid to R & R TV. Councilmember Johnson left the meeting at 8:25 p.m. and was not present at the time the vote was taken. #94-135 - Approving Certificate of Final Completion for Sanitary Sewer Proiect 93-S-4. Wayne Bennett, Public Works Director, reported that Diamond Engineering of Grand Island had completed the work provided for in the contract for Sanitary Sewer Repair Project 93-S-4, between at 17 locations throughout the City. Motion by Shafer, second by Sorensen, carried unanimously to approve. Councilmember Johnson was not present at the time the vote was taken. #94-136 - Approving Collection of Delinquent Downtown Parking Taxes. Assistant City Attorney Lisa Thayer reported that the Legal Department had determined that a number of downtown businesses were currently delinquent in their Downtown Improvement and Parking District taxes for the 1992, 1993, and 1994 tax years and that the Legal Department had been unable to obtain the taxes voluntarily. Ms. Thayer noted that it was necessary to collect these delinquent taxes through legal action. Motion by Murray, second by Wit, carried unanimously to approve. Councilmember Johnson was absent at the time the vote was taken. I I I Page 6, City Council Regular Meeting, August 8, 1994 ORDINANCES: Motion by Wit, second by Murray to approve Ordinances numbered: #8028 - Establishing Alarm System Fees #8029 - Establishing Utility Service Fees #8030 - Establishing Fireworks Permit Fee, and Ambulance and Paramedic Service Rates #8031 - Establishing Garbage and Refuse Hauler Fees #8032 - Establishing Fees for Garbage, Refuse, and Waste Materials #8033 - Establishing Fees for Solicitors Occupational Tax #8034 - Establishing Occupational Tax for Pawnbrokers #8035 - Establishing Pavement Cuts, Call Out Charges, and License Agreement Fees #8036 - Establishing Taxi Driver Permit Fees #8037 - Change Land Use Designation #8038 - Establishing Restrictions on Waste Disposal on first reading. Upon roll call vote, Preisendorf, Wit, Murray, Hosier, and Shafer voted aye. Seifert and Sorensen voted nay. Mayor Dobesh voted aye. Motion carried. #8039 - Amending Salary Ordinance. Councilmember Preisendorf requested additional information on the labor market adjustments. City Administrator Zachary Zoul reviewed the process and noted that the City had a contract with the unions to provide labor market adjustments. Councilmember Shafer spoke in opposition to the Andersen pay plan, and stated that the Council could readdress pay plan next year when the agreement with the unions was expired. Councilmember Wit spoke in support of the Andersen plan and noted that the City was required to follow through on its obligations. Motion by Murray, second by Wit, to approve Ordinance #8039 on its first reading. Earl Wilson, 2323 Bellwood Drive, spoke against the pay plan. City Administrator Zoul stated that in reviewing alternatives to the Andersen pay plan in the future, the Council could give direction as to which cities would be used as the labor market median. Upon roll call vote, Preisendorf, Wit, Murray, Hosier, Seifert, and Shafer voted aye. Sorensen voted nay. Johnson was absent at the time the vote was taken. Motion carried. SETTING TIME FOR EMERGENCY MEETING. By consensus of the Council, an Emergency Meeting was scheduled for Tuesday, August 9, 1994 to readdress Ordinance #8039. PUBLIC DISCUSSION OF NON AGENDA ITEMS: Earl Wilson, 2323 Bellwood Drive, spoke on the funding to the Downtown Development Board from purchase of the property which houses the City Hall. Lewis Kent, 624 East Meves, spoke on pickup of tree limbs. PAYMENT OF CLAIMS: Motion by Shafer, second by Preisendorf, carried unanimously to approve the claims in the amount of $1,689,803.07 as presented by the City Clerk. ADJOURNMENT: The meeting was adjourned at 9:29 p.m. I I I Page 7, City Council Regular Meeting, August 8, 1994 Respectfully submitted, (\iAV;La'/ .~\/ &Jvv,' Gt l/ / ) Cindy K I Cartwright ,. City Clerk CITY OF GRAND ISLAND, NEBRASKA I OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL EMERGENCY MEETING August 9, 1994 Pursuant to due call and notice thereof, an Emergency Meeting of the City of Grand Island was conducted in the Council Chambers of City Hall, 100 East First Street, on August 9, 1994. Notice of the meeting was posted at City Hall on August 8, 1994, and at three prominent locations in Grand Island on August 9, 1994. Additionally, each City Councilmember and the Mayor were provided with a Meeting Agenda by 1:00 p.m., on August 9, 1994. The Emergency Meeting was called by the Council at the Regular Meeting of August 8, 1994, to address adoption of the Salary Ordinance, in order to comply with contractual obligations with the five unions. Mayor Dobesh called the meeting to order at 5:30 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Wit, Johnson, Hosier, Kehm, Seifert, Sorensen, and Shafer. Councilmember Solt was present via the telephone. The following City Officials were present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, and Assistant City Attorney Lisa Thayer. I ORDINANCES: Councilmember Sorensen moved that the statutory rules requiring Ordinances to be read by title on three different days be suspended and that the Ordinance numbered: #8039 - Approving Salary Ordinance 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 Johnson seconded the motion. The motion carried unanimously. Councilmember Solt voted aye via the telephone. Councilmember Murray was absent at the time the vote was taken. Glendale Reiss, 910 North Boggs, and Paul Hamilton, 305 Cherokee, spoke in opposition to the salary ordinance. Clerk: Ordinance #8039 on its first reading. All those in favor of the passage, answer roll call. Upon roll call vote, Preisendorf, Wit, Johnson, Hosier, Kehm, Seifert, Shafer, and Solt (via telephone) voted aye. Sorensen voted nay. Councilmember Murray was absent at the time the vote was taken. Motion carried. I Clerk: Ordinance #8039 on final passage. All those infavor of the passage of the ordinance on final passage, answer roll call. Upon roll call vote, Preisendorf, Wit, Johnson, Hosier, Kehm, Seifert, Shafer, and Solt (via telephone) voted aye. Sorensen voted nay. Councilmember I I I Page 2, City Council Emergency Meeting, August 9, 1994 Murray was absent at the time the vote was taken. Motion carried. Mayor: By reason of the roll call votes on the first and final passage of said Ordinance, Ordinance #8039 is declared to be lawfully passed and adopted upon publication as required by law. ADJOURNMENT: The meeting was adjourned at 5:40 p.m. Respectfully yours, Qund. ~~~~~\M60 Cindy K:1artwrighl ,. City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL SPECIAL MEETING August 15, 1994 Pursuant to due call and notice thereof, a Special Meeting of the City of Grand Island was conducted in the Council Chambers of City Hall, 100 East First Street, on August 15, 1994. Notice of the meeting was given in the Grand Island Independent on August 10, 1994. Mayor Dobesh called the meeting to order at 8:00 p.m. The following members were present: Mayor Dobesh, Councilmembers Wit, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, and Solt. Preisendorf and Shafer were absent. The following City Officials were present: City Attorney Keith Sinor, City Clerk Cindy Cartwright, and Public Works Director Wayne Bennett. RESOLUTIONS: #94-197 - Approving Extension of Sewer and Water Utilities to Cleary Subdivision. Bob Smith, Assistant Utilities Director, reported that the Resolution provided for agreement with Cleary Subdivision for expansion of the City's present contract with Diamond Engineering Company to include extending the water main and sanitary sewer across Cleary Building Corporation's property and that Cleary Building Corporation would then pay the front footage amount in one payment, unlike an assessment. Motion by Murray, second by Wit, carried unanimously. #94-198 - Approving Extension of Sewer and Water Utilities to Mid Nebraska Truck and Trailer Sales. Inc. Bob Smith, Assistant Utilities Director, reported that the Resolution provided for agreement with Mid Nebraska Truck and Trailer Sales, Inc. for expansion of the City's present contract with Diamond Engineering Company to include extending the water main and sanitary sewer across Mid Nebraska's property and that Mid Nebraska would then pay the front footage amount in one payment, unlike an assessment. Motion by Murray, second by Wit, 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 Ordinances numbered: #8028 - Amending Chapter 3 of City Code pertaining to Alarm Fees #8029 - Amending Chapter 15 of City Code pertaining to Electric Service Payments #8030 - Amending Chapter 16 of City Code pertaining to Fireworks Fees, Ambulance Service Fees, and Paramedic Service Rates #8031 - Amending Chapter 17 of City Code pertaining to License Fees for Garbage and Refuse Haulers I I I Page 2, City Council Special Meeting, August 15, 1994 #8032 - Amending Chapter 17 of City Code pertaining to Fees for Garbage, Refuse, and Waste Materials #8033 - Amending Chapter 23 of City Code pertaining to Occupation Tax for Solicitors #8034 - Amending Chapter 25 of City Code pertaining to Occupation Tax for Pawnbrokers #8035 - Amending Chapter 32 of City Code pertaining to Pavement Cut Fees, Call-Out Fees, and Fee for License Agreement #8036 - Amending Chapter 34 of City Code pertaining to Taxi Driver Permit Fees #8037 - Approving Change of Land Use Designation for Property Located on the northeast corner of US Highway 281 and 13th Street #8038 - Amending Chapter 17 of City Code Relative to State Law Restrictions on Disposal of Materials Councilmember Johnson seconded the motion. Upon roll call vote, all voted aye. Clerk: Ordinances #8028, #8029, #8030, #8031, #8032, #8033, #8034, #8035, #8036, #8037, and #8038 on their first reading. All those in favor of the passage, answer roll call. Upon roll call vote, Wit, Murray, Johnson, Hosier, Kehm, Sorensen, and Solt voted aye. Seifert voted nay. Motion carried. Clerk: Ordinances #8028, #8029, #8030, #8031, #8032, #8033, #8034, #8035, #8036, #8037, and #8038 on their final passage. All those in favor of the passage, answer roll call. Upon roll call vote, Wit, Murray, Johnson, Hosier, Kehm, Sorensen, and Solt voted aye. Seifert voted nay. Motion carried. Mayor: By reason of the roll call votes on the first and final passage of said Ordinances, Ordinances #8028, #8029, #8030, #8031, #8032, #8033, #8034, #8035, #8036, #8037, and #8038, are declared to be lawfully passed and adopted upon publication as required by law. ADJOURNMENT: The meeting was adjourned at 8:09 p.m. Respectfully submitted, ~il\~ V . ~&Illw Vr-0t- Cindy K. O~ptwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL STUDY SESSION August 15, 1994 Pursuant to due call and notice thereof, a Study Session of the City of Grand Island was conducted in the Council Chambers of City Hall, 100 East First Street, on August 15, 1994. Notice of the meeting was given in the Grand Island Independent on August 10, 1994. Mayor Dobesh called the meeting to order at 7:00 p.m. The following members were present: Mayor Dobesh, Councilmembers Wit, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, and Solt. Shafer and Preisendorf were absent. The following City Officials were present: City Attorney Keith Sinor, City Clerk Cindy Cartwright, and Public Works Director Wayne Bennett. PRESENTATION OF L.E. RAY LAKE PARK MASTER PLAN. Parks and Recreation Director Steve Paustian, and Kevin Prior of Olsson and Associates, presented the L.E. Ray Lake Park Master Plan. Mr. Prior noted that the proposed plan was comprised of several components, including campground development, day use improvements, boat ramp improvements, and trail developments. Earl Wilson, 2323 Bellwood Drive, spoke against the development plans. Councilmember Seifert stressed the need for security fence and gates. Councilmember Johnson voiced preference for developing the park over a long term basis. REVIEW OF TRAFFIC ROUTES AND SPEED ENFORCEMENT RELATIVE TO BURLINGTON NORTHERN ELEVATED RAIL PROJECT. Discussion was held on the traffic routes and speed enforcement concerns resulting from the Burlington Northern Elevated Rail Project. Harlan Kroeger, 316 East 17th Street, Bill Yost, 421 East 17th Street, Charlene Lahndorf, 320 East 17th Street, Len Sorahan 417 East 17th Street, Sharon Leth, 413 East 18th Street, Charles McKinney, 416 East 17th Street, and Pam Sorahan, 417 East 17th Street, spoke in support of closing the underpass at 18th Street except for emergency vehicles, in order to discourage traffic in the 17th Street area. Wayne Bennett, Public Works Director, emphasized that there would be no official detour on either 17th Street or 18th Street, and requested that a two week study be undertaken after Capital A venue was closed on Monday. Police Chief Gene Watson noted that the Police Department was aware of the construction project and was working with Knickrehm School on traffic routes and crossings. Mr. Watson stated that a traffic guard would be hired for the intersection of 17th Street and Oak Street, and that an attempt would be made to provide a police car at that location before and after school. Councilmember Johnson requested a traffic accident report for Oak Street, Pine Street, and Kimball Streets, at the 17th Street crossing for the last few months. Mr. Johnson additionally requested that a meeting with residents of the area be held in the next three weeks. Councilmember Sorensen requested that stop sign and school sign protection be installed at 17th Street, 18th Street, and on the east side of 18th Street until the completion of Capital Avenue. Mr. Sorensen also requested a 15 mph speed limit in these areas. Councilmember Murray noted that the original I I I Page 2, City Council Study Session, August 15, 1994 plans were amended to provide for the building of an underpass at 18th Street, instead of Seventh Street, in response to concerns of citizens on 18th Street. In response to request from residents, Councilmember Johnson asked that a proposal to close the underpass at 18th Street be considered at the next Council meeting. ADJOURNMENT: The meeting was adjourned at 8:00 p.m. Respectfully submitted, tv,\~~ p\ ('uivu)V, Cindy K. Cartwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING August 22, 1994 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, 100 East First Street, on August 22, 1994. Notice of the meeting was given in the Grand Island Independent on August 17, 1994. Mayor Dobesh called the meeting to order at 7:00 p.m. The following members were present: Mayor Dobesh, Councilmembers Wit, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, and Solt. Shafer and Preisendorf were absent. The following City Officials were present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith Sinor and Public Works Director Wayne Bennett. PLEDGE OF ALLEGIANCE was said followed by INVOCATION given by Reverend Dick Bacon. APPROVAL OF MINUTES. Motion by Solt, second by Sorensen, carried unanimously to approve the minutes of the City Council Regular Meeting of August 8, 1994, the minutes of the City Council Emergency Meeting of August 9, 1994, the minutes of the City Council Study Session of August 15, 1994, and the minutes of the City Council Special Meeting of August 15, 1994. PROCLAMATION. City Clerk Cindy Cartwright reported that September 3-4, 1994 had been proclaimed Disabled American Veterans Forget Me Not Drive. DISCUSSION AND INFORMATION ITEMS: Progress Report on Integrated Solid Waste Management Plan. Solid Waste Superintendent Gene Kramer presented a Progress Report on the Solid Waste Management Plan required by State law to be submitted to the Department of Environmental Quality by October 1, 1994. Discussion on Amended Island Oasis Water Park Master Plan. Councilmember Johnson suggested that, based on citizen input gathered via the Water Park survey conducted by the Parks and Recreation Department intern, and numerous comments expressed both at the Hall County Fair, and elsewhere, the Council might wish to revisit the issue of including a deep well in the Master Plan for the Island Oasis Water Park. Councilmember Solt questioned liability costs associated with a deep well. Councilmember Johnson moved to amend the Master Plan to include a deep well with diving board opportunity for construction in the future, with Council approval. Councilmember Seifert moved to table. Sorensen seconded. Councilmember Johnson withdrew his motion inasmuch as all the Councilmembers were not present to provide their input on the discussion. I I I Page 2, City Council Regular Meeting, August 22, 1994 Discussion on Size and Configuration of Fire Station Location Site. It was noted that at the City Council Regular Meeting of July 25, 1994, Council approved the location of the southeast corner of 13th Street and North Road as the site for Fire Station #4, and that in addition to acquiring a site large enough to address the egress for setback to the south and east, and provide a reasonable, safe distance from the intersection, interest was also expressed in acquiring a site large enough to accommodate future City development such as a park or a recycling center. Councilmember Kehm spoke in support of planning for the future and purchasing sufficient land to address future needs. Motion by Seifert, second by Kehm, carried unanimously, to purchase approximately five acres of land to provide for the fire station construction, and future development. 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 Downtown Improvement Board Meeting of July 19, 1994 and the minutes of the Regional Planning Commission Meeting of August 3, 1994. Request to Modify the Burlington Northern Elevated Rail Proiect and Provide for Closing of the Underpass at 18th Street. City Clerk Cindy Cartwright read the history and actions associated with the Burlington Northern Elevated Rail Project. Discussion was held relative to the request of area citizens to modify the Burlington Northern Elevated Rail Project and provide for closing of the underpass to be constructed on 18th Street. Councilmember Johnson moved to incorporate the request of the citizens into the plan and deadend 17th Street. Councilmember Kehm noted that amending the plan to facilitate the residents on 17th Street would cause the residents on 18th Street to protest. Harland Kroeger, 316 East 17th Street, Len Sorahan, 417 East 17th Street, Charlotte Lahndorf, 320 East 17th Street, and Bill Yost, 421 East 17th Street, spoke in support of the revisions. Councilmember Johnson's motion died for lack of a second. Councilmember Sorensen spoke in opposition to amending the plan at this time. Kim Clegg, 562 East 19th, spoke in opposition to amending the plan. Councilmember Solt stated that it would be difficult to please all residents. Request of Thomas W. Ziller for Installation of Awnings and Construction of Balconies. Mr. Ziller requested that the request be postponed for two weeks as he could not attend the meeting. Approving Request of Kathy Farris, 2310 East Seedling Mile Road, for License Agreement for Sanitary Sewer Connection. Wayne Bennett, Public Works Director, reported that Ms. Kathy Farris, 2310 East Seedling Mile Road, had submitted an application for a License Agreement for a sanitary sewer connection to the City sewer service. Mr. Bennett noted that the only sewer line available in this area was a large interceptor sewer line. Motion by Solt, second by Sorensen carried unanimously to approve the request. RESOLUTIONS: I I I Page 3, City Council Regular Meeting, August 22, 1994 #94-199 - Approving Certificate of Final Completion on Sidewalk Project 94-SW-1. Wayne Bennett, Public Works Director, reported that Mike Galvan Construction of Grand Island had completed the work provided for in the contract for Sidewalk Project 94-SW -1 which consisted of the placement of sidewalk in Stolley Park along Blaine Street and along the west side of the Reilly Cell just north of Stolley Park Road. Motion by Seifert, second by Hosier, carried unanimously to approve. #94-200 - Approving Change Order #3 for Wastewater Treatment Plant Expansion Project. Wayne Bennett, Public Works Director, reported that the Public Works Department had developed Change Order #3 for the Wastewater Treatment Plant Expansion Project, which provided for sixteen changes, many of which were clarifications to the specifications. #94-201 - Approving Change Orders to Contract for Sanitary Sewer Project 476T and Water Main District 416T. Gary Mader, Utilities Director, reported that the Public Works and Utilities Departments had developed Change Order #1 for Sanitary Sewer Project 476T and Water Main District 416T. It was noted that Change Order #1, in the amount of $115,384.60, provided for the extension of water and sewer lines across the property purchased by Cleary, Inc. at the Platte Valley Industrial site, and added these extensions to the contract currently underway. Mr. Mader explained that Cleary, Inc. had executed an agreement with the City to pay for the additional work. Motion by Seifert, second by Hosier, carried unanimously to approve. #94-202. #94-203. #94-204 - Approving Location of Land for Future Cemetery Expansion. Parks and Recreation Director Steve Paustian explained that as discussed at previous City Council Meetings, three options had been delineated for the purchase of land for future Cemetery expansion. Motion by Kehm, second by Seifert to table indefinitely the purchase of land for future cemetery expansion. Councilmember Murray noted that the current cemetery would only serve the City for 15 years and that the acquisition of land should be addressed now before the land surrounding the existing cemetery was no longer available. Ernie Thayer, 2307 Stagecoach Road, spoke on the need for foresight by the Council. Upon roll call vote on the motion to table, Hosier, Kehm, Seifert, Sorensen, and Solt voted aye. Wit, Murray, and Johnson voted nay. Motion failed. City Administrator Zachary Zoul noted that several votes had been taken on the issue and that none had prevailed. Mr. Zoul suggested the issue be revisited when all Councilmember were present. Councilmember Sorensen moved to put the issue on the next Council Meeting agenda for action. Second by Seifert. Motion carried unanimously. #94-205 - Approving Change Order for Traffic Signal at 13th Street and Custer. Wayne Bennett, Public Works Director, reported that the Public Works Department had developed Change Order #1 for the Traffic Signal at 13th Street and Custer Street Project which provides for a change in the number and type of underground vehicle detectors, resulting in a savings of $1,600. Motion by Sorensen, second by Solt, carried unanimously to approve. I I I Page 4, City Council Regular Meeting, August 22, 1994 #94-206 - Approving Yield Sign Protection on August Street between Stolley Park Road and Stagecoach Road. Wayne Bennett, Public Works Director, reported that the Public Works Department had reviewed the warrants for yield sign protection for August Street between (but not including) Stolley Park Road and Stagecoach Road and recommends approval of yield sign protection on August Street between Stolley Park Road and Stagecoach Road to require eastbound/westbound traffic to yield before crossing August Street. Motion by Sorensen, second by Solt, carried unanimously to approve. #94-207 - Approving: Placement of Stop Sign at North Road. Wayne Bennett, Public Works Director, reported that the Public Works Department had reviewed the need for stop sign protection for westbound State Street traffic at North Road, and noted that inasmuch as North Road was protected by stop signs from Capital A venue to 13th Street, the Public Works Department recommended approval of the placement of a stop sign to stop westbound State Street traffic at North Road. Motion by Sorensen, second by Solt, carried unanimously to approve. #94-216 - Approving Speed Limits on State Street from Highway 281 to North Road. Wayne Bennett, Public Works Director, reported that the Public Works Department had reviewed the need to provide for a 35 MPH speed limit from Highway 281 to the Moores Creek Floodway, and a 45 MPH speed limit from the Moores Creek Floodway to North Road. Motion by Sorensen, second by Solt, carried unanimously to approve. #94-208 - Awarding Bid for Sale of Pier Pool Water Slide. Steve Paustian, Parks and Recreation Director, reported that the Purchasing Division had received bids for the sale of the 147' fiberglass water slide at the Pier Pool. Mr. Paustian noted that although it had been suggested that the slide be relocated to the Lincoln Pool, the Parks and Recreation Director had determined that, based on requirements established by the State Department of Health, the cost to do so would be substantial. Councilmember Seifert spoke in support of relocating the slide to Lincoln Pool and stated his belief that Council had provided previously direction relative to relocation of the slide. Councilmembers Sorensen, Wit and Solt spoke in support of relocating the slide to Lincoln Pool. Councilmember Kehm questioned who would be responsible for the disassembling of the slide. Mr. Paustian noted that the Pier Pool demolition contract included disassembly of the slide. City Administrator Zachary Zoul noted that staff had only attempted to provide information to Council relative to all options. Councilmembers Wit and Solt stated that Council would appreciate getting information on surplus property. Councilmember Johnson moved to take no action relative to the sale of the slide. Second by Seifert. Motion carried unanimously. #94-209 - Awarding Bid for Demolition of Pier Pool. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for Pier Pool Demolition, and that three bids were received, ranging from base bids of $131,000 to $199,600. Ms. Griffiths explained that the low bid was submitted by Youngs Crane Service of Kearney, Nebraska. It was noted that the low bid of $131,000 exceeded the available funds of $115,000 and that the Parks and Recreation Director recommended reducing the scope of the project by eliminating the labor, I I I Page 5, City Council Regular Meeting, August 22, 1994 equipment, and materials for seeding which would provide for an adjusted bid of $129,500. Motion by Johnson, second by Solt to award bid to Youngs Crane Service. Upon roll call vote, Wit, Murray, Johnson, Hosier, Kehm, and Solt voted aye. Seifert and Sorensen voted nay. Motion carried. #94-210 - Awarding Bid for Tandem Axle Truck Tractor. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of a 1995 Minimum 52,000 GVW Tandem Axle Truck Tractor to serve the Public Works Department, Waste Water Treatment Plant Division, and that three bids were received, ranging from $47,290 to $55,490, after trade in. Ms. Griffiths stated that the low bid had been submitted by Hansen International of Grand Island in the amount of $47,290. Motion by Seifert, second by Solt carried unanimously to approve. #94-211 - Awarding Bid for Tandem Axle Truck Chassis. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of a 1995 Minimum 48,000 GVW Tandem Axle Truck Chassis to serve the Public Works Department, Waste Water Treatment Plant Division, and that two bids had been received in the amounts of $44,373.40 and $47,136, after trade in. Ms. Griffiths stated that the low bid had been submitted by Hansen International of Grand Island in the amount of $44,373.40. Motion by Seifert, second by Solt, carried unanimously to award the low bid to Hansen International. #94-212 - Awarding Bid for Conventional Truck Tractor. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of a 1995 - 90,000 GVW Conventional Truck Tractor to serve the Public Works Department, Solid Waste Disposal Division and that five bids had been received, ranging from $64,769 to $69,226. Ms. Griffiths stated that the low bid had been submitted by Nebraska Peterbilt Ford of Grand Island in the amount of $64,769. Motion by Seifert, second by Solt carried unanimously to award the low bid to Nebraska Peterbilt Ford. #94-213 - A warding Bid for Pusher Transfer Trailer. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of one 1995 - 90 Cubic Yard Pusher Transfer Trailer to serve the Public Works Department, Solid Waste Disposal Division, and that two bids had been received in the amounts of $60,430.95 and $52,026. Ms. Griffiths reported that the low bid had been submitted by Mid Nebraska Truck & Trailer of Grand Island in the amount of $52,026. Motion by Seifert, second by Solt, carried unanimously to award the low bid to Mid Nebraska Truck and Tractor. #94-214 - Awarding Bid for Food Vending Services. Cindy Cartwright, City Clerk, reported that proposals had been received for vending machine and food services to be provided in City Hall, and that one proposal had been from RN Concessions. Ms. Cartwright reported that the City would have no financial responsibility for, or interest in, the operation. Councilmember Solt moved to table inasmuch as only one bid had been received. Councilmember Seifert seconded. Councilmember Wit noted that the City had no financial interest or risk associated I I I Page 6, City Council Regular Meeting, August 22, 1994 with the services. Councilmember Seifert withdrew his second. Motion by Johnson, second by Seifert, carried unanimously to award bid to RN Concessions. #94-215 - Awarding Bid for Platte Generating Station Precipitator Cleaning Bid. 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 two bids had been received in the amounts of $16,750 and $17,867.25. Ms. Griffiths reported that the low bid had been submitted by W.S. Bunch Company of Omaha in the amount of $16,750. Motion by Seifert, second by Solt, carried unanimously to approve. 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: #8040 - Creating Street Improvement District, Sunset A venue #8042 - Amending City Code Relative to Snow Emergency Routes 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 finalreading, 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, the Mayor called for a roll call vote on the motion. The motion carried unanimously. Clerk: Ordinances #8040, and #8042 on their first reading. All those in favor of the passage, answer roll call. Upon roll call, all voted aye. Motion carried. Clerk: Ordinances #8040, and #8042 on their final passage. All those in favor of the passage of the ordinances on final passage, answer roll call. Upon roll call, all vote aye. Motion carried. Mayor: By reason of the roll call votes on the first and final passage of said ordinances, Ordinances #8040, and #8042 are declared to be lawfully passed and adopted upon publication as required by law. #8041 - Amending City Code Relative to the Allowance of Llamas within City Limits. Dr. R.L. Pomajzl, 2512 South Blaine Street, requested that the City amend Chapter 5 of City Code relative to the keeping of animals on residential premises within the City, to include llamas, and to increase the number of animals allowed. It was noted that currently, the code allowed for other animals, such as horses, mules, donkeys, cows, sheep, goats, chickens, and pot bellied pigs within the City, and that limits were established relative to the number that may be kept, and area and separation requirements. Dr. R.L. Pomajzl, 2512 South Blaine Street, spoke in support of the request. Rick Goble, 3132 Briarwood, Lynn Cronk, 2806 Pioneer Boulevard, I I I Page 7, City Council Regular Meeting, August 22, 1994 and Mary Sue Wendt, 2706 Pioneer Boulevard, spoke in opposition to the request. Assistant City Attorney Lisa Thayer noted that the Animal Advisory Board hoped to address the issues raised in the near future. DISCUSSION OF NON-AGENDA ITEMS: Gene McCormick, 707 South Pleasantview, spoke in support of a water park on the north side of town. Lewis Kent, 624 East Meves, spoke in opposition to the L.B. Ray Lake Park enhancements. CLAIMS: Motion by Solt, second by Wit, carried unanimously to approve the claims, in the amount of $2,470,916.73, as presented by the City Clerk. Councilmember Seifert abstained from voting on Claim #22426. ADJOURNMENT: The meeting was adjourned at 10:50 p.m. Respectfully submitted, &'1ckr J/ &~ htH,5[~-j. Cmdy It. ~~Wnght . City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL STUDY SESSION September 6, 1994 Pursuant to due call and notice thereof, a Study Session of the City of Grand Island was conducted in the Council Chambers of City Hall, 100 East First Street, on September 6, 1994. Notice of the meeting was given in the Grand Island Independent on August 31, 1994. Mayor Dobesh called the meeting to order at 7:00 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Sorensen, Shafer, and Solt. Seifert was absent. The following City Officials were present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith Sinor, and Assistant Public Works Director Bud Buettner. DISCUSSION ON OPEN BURNING REGULATIONS. Fire Chief Jim Rowell presented the history of open burning in Grand Island and stated that inasmuch as the public had voted, in May, to allow for a two week period of open burning, by permit, in the autumn and in the winter, guidelines needed to be established by the local fire department for the conditions acceptable for the issuance of a burning permit. It was noted that there would not be a fee charged for issuance of the burning permits but that the permits would enable the fire department to better monitor open burning. Discussion was held on the hours the permit would be available. A suggestion was made to expand the hours that open burning was allowed or to allow open burning during day light hours only. Councilmembers Solt and Johnson spoke on the importance of providing public information on the guidelines. Glendale Reiss, 910 North Boggs, John Wagoner, 1710 South Harrison, and Frank Chalupa, 2503 Commerce Avenue, spoke on the issue. The policies will be returned to the Council at the next meeting for approval. DISCUSSION ON AMENDING CITY CODE TO INCLUDE LLAMAS IN CITY LIMITS. Lisa Thayer, Assistant City Attorney, reported thatthe request of Dr. R.L. Pomajzl, 2512 South Blaine Street, to include llamas in the City limits had been considered by the Animal Advisory Board at their meeting of August 17, 1994, and they had recommended that the City Code be amended to allow llamas within the City limits. Ms. Thayer also noted that the Board hoped to review the more comprehensive issue of increasing the maximum number of large animals allowed in residential areas at a later time. Councilmember Murray requested that Ms. Thayer review the codes from other cities. Dan Cronk, 2806 Pioneer Boulevard, David McMullen, 2519 Pioneer Boulevard, Mary Sue Wendt, 2706 Pioneer Boulevard, Glendale Reiss, 910 North Boggs, Rick Goble, 3132 Briarwood, Gail Foreman, zoo director, Dave Hackbarth, 3533 South Engleman, Lynn Cronk, 2806 Pioneer Boulevard, Dan Maas, 1020 North Third Street, Fullerton, Linda Swearinger, 2509 South Blaine, Pam Jardine, 2420 Wicklow Drive, Jonie Foder, 2527 Mill River Road, Roy Ruhe, 2516 South Blaine, Rocke Beason, 2515 Commerce I I I Page 2, City Council Study Session, September 6, 1994 Avenue, Nancy Kelly, 2712 Pioneer Boulevard, and Dallas Pahl, Capital Avenue, spoke on the issue. Assistant City Attorney Lisa Thayer reviewed the role and responsibilities of the Animal Advisory Board. Councilmembers Shafer and Preisendorf voiced support for the inclusion of llamas, but questioned the zoning and number of animals which should be allowed. Councilmember Murray noted that advertisements offering the llamas for sale appeared to be in violation of City Code relative to home businesses. A break was called at 9: 15 p.m. The meeting resumed at 9:25 p.m. PRESENTATION ON GRANT APPLICATION FOR DRIVING UNDER THE INFLUENCE ENFORCEMENT. Police Chief Gene Watson presented information on a proposed grant application which would improve the Police Department's effort and enhance the public awareness of the problems with Driving Under the Influence. Mr. Watson noted that the grant, from the Nebraska Highway Safety, would provide funds for an additional patrol car and an officer. Councilmember Kehm noted that because the grant funds declined after the first year, the City would be making a commitment to add an additional position. It was determined that the grant application would be returned to the Council at the September 12, 1994 Meeting for consideration. REVIEW OF COUNTS ON 17TH AND 18TH STREETS ALONG BURLINGTON NORTHERN RAILROAD TRACK. Assistant Public Works Director Bud Buettner reported on the traffic counts and accident history at 18th Street and the Burlington Northern Railroad. Jack Roark, 556 East 18th Street, presented the Council with a petition in opposition to the 17th Street underpass. Steve Jurgens, 563 East 18th Street, Joan Rapp, 553 East 19th Street, Charlotte Lahndorf, 320 East 17th Street, and Jerry Williams, 562 East 19th Street, spoke on the issue. ADJOURNMENT: The meeting was adjourned at 9:50 p.m. R~spectfullY SUbmitted" __ . /1 . 1 ~ ~ (!Ml1PU ~ Cindy K. Cartwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING September 12, 1994 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, 100 East First Street, on September 12, 1994. Notice of the meeting was given in the Grand Island Independent on September 7, 1994. Mayor Dobesh called the meeting to order at 7:00 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt. The following City Officials were present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, Public Works Director Wayne Bennett, and City Attorney Keith Sinor. PLEDGE OF ALLEGIANCE was said followed by INVOCATION given by Chaplain George Wheat. APPROVAL OF MINUTES. Motion by Murray, second by Preisendorf carried unanimously to approve the minutes of the City Council Regular Meeting of August 22, 1994 and the minutes of the City Council Study Session of September 6, 1994. PROCLAMATION. City Clerk Cindy Cartwright reported that the week of September 17 through 23, 1994, had been proclaimed "Constitution Week." DISCUSSION AND INFORMATION ITEMS: Discussion on Proposed Amendments to the Zoning Ordinances to Permit Manufactured Homes in Residential Locations. Nelson Helm, Regional Planning Director, reported that the Planning Department had initiated a number of amendments to the Zoning Ordinance of the City Code to address LB511, passed by the Legislature during the 1994 session, which mandated that a governing body shall not adopt or enforce any zoning ordinance or regulation that prohibits the use of land for a residential structure simply because the proposed structure is a manufactured home that meets certain specifications. Mr. Helm noted that the law had an effective date of January 1, 1995. Mr. Helm explained that the at the September 7, 1994 Regional Planning Commission meeting, a public hearing on this issue was held and action was taken to develop the necessary amendments to the land use regulations for governing bodies in its area of jurisdiction. It was noted that significant changes to the land use regulations required as a result of LB511 include amendment definitions to permit a manufactured home, meeting certain specifications, to be treated equally to a site-built or modular home. Discussion on Request of Mr. Jerry Rainforth to Purchase Property in Industrial Park for RV Park. Discussion was held on the offer of Mr. Jerry Rainforth, represented by Attorney Earl Ahlschwede, to purchase 10 acres of property in the Industrial Park, adjacent to and immediately east of Brennan Subdivision, where the Boys Town facility is located. Mr. Ahlschwede stated I I I Page 2, City Council Regular Meeting, September 12, 1994 that Mr. Rainforth proposed to construct a 90 unit recreational vehicle park with electric and water hookups. It was noted that at a September 7, 1994 Grand Island Industrial Foundation meeting, the Board of Trustees found the request of Mr. Rainforth to be an inappropriate use of the Industrial Park property for the following reasons: 1) The property is zoned ME (Industrial Estates) Zone, which principal uses are any industrial, manufacturing, re- manufacturing, storage, warehousing, distribution use or administrative, professional research or similar office use having limited contact with the public; 2) RV parks are not covered under Accessory or Permitted Conditional Uses in the ME Zone; 3) If an RV park were permitted and a manufacturer buys the adjoining land, noise from operations of a second and third shift would be a problem for users of the RV park; and 4) Extending the infrastructure for so few jobs is cost prohibitive. Councilmember Johnson questioned whether an RV Park was the best use for the property and noted that inasmuch as utilities would be available at the site, more manufacturing or industrial businesses would be interested in the property. Councilmember Sorensen and Shafer commented that the noise generated by businesses would be a concern for RV campers. City Administrator Zachary Zoul stated that the property was purchased for developing an industrial park to create attractive land for industrial development and that because this property would have the utilities, as well as rail access, the parcel was more suited toward industrial business. Councilmember Murray spoke in support of utilizing the property for industrial purposes. Gene McCormick, 707 South Pleasantview, spoke on the issue. The request was referred to the next Council meeting for action. Discussion on Amending Island Oasis Master Plan. Councilmember Johnson outlined the benefits of amending the Island Oasis Master Plan to include a deep well. Councilmember Shafer and Seifert spoke against a deep well citing usage and cost. Councilmember Murray spoke in support of amending the Master Plan but noted that a deep well would not be the choice for a first priority. Councilmember Solt stated that if the plan were designed to accommodate a deep well, the Council was saying that at some point the deep well would be built. Motion by Johnson, second by Murray to amend the Master Plan to include a deep well. Upon roll call vote, Preisendorf, Wit, Murray, and Johnson voted aye. Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt voted nay. Motion failed. REQUESTS AND REFERRALS: Request of Dowd's Steakhouse for Special Designated Liquor License. Keith Sinor, City Attorney, reported that Dowd' s Steakhouse had requested that Council consider a request for a Special Designated Liquor License for an event to be held at the Go Juice, Inc., facility on September 23, 1994 from 6 p.m. to 12 p.m., as an emergency item to be added to the agenda. Motion by Seifert, second by Sorensen, carried unanimously to add the request to the agenda. Mr. Jim Swanson, owner, spoke in support of the request. Motion by Shafer, second by Seifert, carried unanimously to approve the request. Receipt of Official Documents. Motion by Sorensen, second by Shafer, carried unanimously to receive and place on file the minutes of the Civil Service Commission Meeting of July 29, 1994 and the minutes of the Civil Service Commission Meeting of August 30, 1994. I I I Page 3, City Council Regular Meeting, September 12, 1994 Approving Request of Ziller Tile Center. 318 North Madison Street. for License Agreement. Motion by Sorensen, second by Preisendorf to approve the request of Mr. Thomas W. Ziller, Ziller Tile Center, 318 North Madison Street, for a License Agreement to allow for the installation of awnings and the building of balconies at 102 West Third Street, 308 North Pine Street, 310 North Pine Street, and 312 North Pine Street. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, and Shafer voted aye. Solt voted nay, citing concerns with liability. Motion carried. Denial of Request of Mr. Tim Danielson. 715 South Joehnck. for Erection of Fence in Public Right of Way. Motion by Kehm, second by Johnson, to deny the request of Mr. Tim Danielson, 715 Joehnck Road, for a License Agreement to allow for encroachment onto the public right-of-way. Craig Lewis, Building Inspections Director, reported that Mr. Danielson had erected a five foot tall stockade fence immediately adjacent to a curb sidewalk, four feet from the street. Mr. Danielson spoke in support of the request. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, Shafer, and Solt voted aye. Sorensen voted nay. Motion carried. Approving Request of 1994 Crop Walk for Use of Public Streets. Motion by Sorensen, second by Solt, carried unanimously to approve the request to utilize certain streets for the CROP Hunger Walk, to be held on Sunday, October 9, 1994, from 1:30 p.m. to 3:30 p.m. Approving: Appointments to Regional Planning Commission. Motion by Seifert, second by Solt, carried unanimously to approve the appointment of Ms. Joanne Holmes, 1325 North Hancock Avenue, to serve a three-year term, commencing on October 1, 1994, on the Regional Planning Commission, and the reappointment of Charles Cuypers, 1508 Spruce Place, for a second, three- year term. Approving Appointment to Board of Adjustment. Motion by Seifert, second by Solt, carried unanimously to approve the appointment of Dee Price, 4207 Nordic Road, as the Regional Planning Commission's representative on the Board of Adjustment, for a three-year term commencing on October 1, 1994. Approving Request of Arby's for Driveway Variance at South Locust Street and Fonner Park Road. Motion by Shafer, second by Solt, carried unanimously to approve the request of James P. and Joy Y. Zana, dba Arby's Restaurant, for an exception to City policy relative to driveway setback requirements for the property located at South Locust Street and Fonner Park Road. Approving Request of Wal-Mart for No Build/Cross Parking Easement. Motion by Seifert, second by Kehm, carried unanimously to approve the request of Mr. Raymond Frankenberg, on behalf of Wal-Mart Stores, Inc., for a no-buHd easement and a cross-parking easement between the Sam's Store property and the Wal-Mart Store property. Approving Request for Road Improvements to Roush Lane. Motion by Solt, second by Seifert, to approve the request of Mr. Gary Carothers, 312 Brookline Drive, for grading and gravel improvements be made to Roush Lane from Bellwood A venue east, about 1,720 feet to the east I I I Page 4, City Council Regular Meeting, September 12, 1994 end of Roush Subdivision. Upon roll call vote, Preisendorf, Wit, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt voted aye. Murray and Johnson voted nay. Motion carried. RESOLUTIONS: #94-202, #94-203, #94-204 - Approving Location of Land for Future Cemetery Property. Discussion was held on the urgency to purchase property for future cemetery expansion at this time. Motion by Murray, second by Wit to approve resolution #94-204 providing for purchase of the Kinman/Johnson Cashway property. Councilmember Solt questioned the ownership, and life span, of the cemetery on the northeast side of Grand Island. Motion by Kehm to table further discussion. Second by Sorensen. Upon roll call vote, Preisendorf, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt voted aye. Wit, Murray and Johnson voted nay. Motion carried. A ten minute break was called at 8:50 p.m. #94-217 - Approving Final Plat for Alderson Subdivision. Nelson Helm, Regional Planning Director, reported that Bernice M. Alderson, and Richard L. Alderson had submitted the final plat and subdivision agreement for Alderson Subdivision, a 7.871 acre tract of land located on the west side of Shady Bend Road immediately north of Stolley Park Road. Motion by Preisendorf, second by Solt, carried unanimously to approve. Shafer was absent at the time the vote was taken. #94-218 - Approving Final Plat for Burris Subdivision. Nelson Helm, Regional Planning Director, reported that Clarence F. Burris had submitted the final plat and subdivision agreement for Burris Subdivision, a 2.710 acre tract of land located on the south side of Cannon Road, immediately west of North Road. Motion by Preisendorf, second by Solt, carried unanimously to approve. Shafer was absent at the time the vote was taken. #94-219 - Approving Final Plat for Coach Place Subdivision. Nelson Helm, Regional Planning Director, reported that Fairway Meadows Homeowners Association, Inc., and Midland Builders, Inc., owners, had submitted the final plat of Lot 31, Coach Place Subdivision, a 6,621 square foot tract of land located on the south side of Stagecoach Road approximately 400 feet west of Riverview Drive. Motion by Preisendorf, second by Solt to approve. Upon roll call vote, Wit, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, and Solt voted aye. Preisendorf abstained. Shafer was absent at the time the vote was taken. Motion carried. #94-220 - Approving Final Plat for Jeffrey Oaks Fourth Subdivision. Nelson Helm, Regional Planning Director, reported that Jeffrey Oaks, Inc. had submitted the final plat and subdivision agreement for Jeffrey Oaks Fourth Subdivision, a 18,077.4 square foot tract of land located on the north side of Hartford Street at Mansfield Road. Motion by Preisendorf, second by Solt, carried unanimously to approve. Shafer was absent at the time the vote was taken. #94-221 - Approving Final Plat for Kirkpatrick Second Subdivision. Nelson Helm, Regional Planning Director, reported that Ted Robb had submitted the final plat and subdivision agreement for Kirkpatrick Second Subdivision, an 0.424 acre tract of land located on the south I I I Page 5, City Council Regular Meeting, September 12, 1994 side of Windolph Avenue, immediately east of Eddy Street. Motion by Preisendorf, second by Solt, carried unanimously to approve. Shafer was absent at the time the vote was taken. #94-222 - Approving Final Plat for Menard Subdivision. Nelson Helm, Regional Planning Director, reported that Menard, Inc. had submitted the final plat and subdivision agreement for Menard Subdivision, a 17.80 acre tract of land located on the west side of U. S. Highway 281, immediately north of State Street. Motion by Preisendorf, second by Solt, carried unanimously to approve. Shafer was absent at the time the vote was taken. #94-223 - Approving Budget Amendment. Chuck Haase, Finance Director, reported that the Finance Department had prepared a number of revisions to the FY 94-95 Annual Budget to reflect the actual and projected costs associated with various projects and activities, such as personnel and health insurance, flag football program, school crossing guards, block grant programs, streetscape project, City entrance signage, and Council Chambers audio improvements, that differ from the level anticipated in the original document. Mr. Haase noted that the revisions did not increase the overall appropriation level, but did transfer operating funds between accounts. Gene McCormick, 707 South Pleasantview, and Glendale Reiss, 910 North Boggs, spoke on the amendment. Councilmember Sorensen questioned the need for the number of changes. City Administrator Zachary Zoul explained that the budget was a working document and that amending the budget from time to time provided that the budget was an accurate reflection of the City's status. Motion by Johnson, second by Solt, to approve. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Hosier, Kehrn, and Solt voted aye. Seifert, and Sorensen voted nay. Shafer was absent at the time the vote was taken. Motion carried. #94- 224 - Approving Initiation of Condemnation Proceedings relative to Land Acquisition for Webb Road Widening Project. Public Works Director Wayne Bennett reported that the Public Works Department had determined the need to acquire right of way and temporary construction easements from numerous property owners in conjunction with the widening of Webb Road from 13th Street to Old Potash Highway, and had been unable to negotiate a purchase with one of the approximately 20 property owners. Mr. Bennett noted that the property in question was along the west side of Webb Road, south of 13th Street and that an appraisal had been completed by a certified appraiser. Mr. Bennett explained that inasmuch as this was a Federal Aid Project and a September deadline had been given for certification that all right of way had been acquired, or was under Eminent Domain proceedings, condemnation proceedings needed to be negotiated. Motion by Kehrn, second by Seifert, carried unanimously to approve. Shafer was absent at the time the vote was taken. #94-225 - Awarding Bid for Purchase of (2) GVW Cab and Chassis. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of (2) 1995 Minimum 26,000 GVW Cab and Chassis to serve the Public Works Department, Street and Transportation Division. Ms. Griffiths stated that three bids had been received, ranging from $53,516 to $59,644 but that the low bid, submitted by Nebraska Peterbilt Ford, Grand Island, in the amount of $53,516, did not meet specifications. Ms. Griffiths explained that the next low bid which met specifications was submitted by Hansen International of Grand Island in the amount of $55,830. Motion by Kehrn, second by Seifert, carried unanimously to award the bid to Hansen International. Shafer was absent at the time the vote was taken. I I I Page 6, City Council Regular Meeting, September 12, 1994 #94-256 - Awarding Bid for Cross Connection Control. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for Cross Connection Control relative to Backflow Prevention for the Parks and Recreation Department. Ms. Griffiths explained that two bids had been received in the amounts of $7,150 (one site only) and $56,489 (all 81 sites) following public advertisement, mailings, and calls to 33 area plumbers. Ms. Griffiths explained that the complete bid was submitted by Winfrey Plumbing of Grand Island, and that an additional bid was received from Island Plumbing for one site only which was higher than Winfrey's bid for that site. It was explained that since the bid for the total project exceeded the engineer's estimate of $40,000, a decision to decrease the scope of work by six sites was made. Ms. Griffiths noted that the adjusted total bid equaled $39,974. Motion by Kehm, second by Seifert, carried unanimously to award the low bid to Winfrey Plumbing. Shafer was absent at the time the vote was taken. #94-227 - Awarding Bid for Sanitary Sewer District 473T. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for Sanitary Sewer District 473T for the Public Works Department, and that two bids were received in the amounts of $29,310.55 and $52,984. Ms. Griffiths noted that the low bid was submitted by Diamond Engineering of Grand Island in the amount of $29,310.55. Motion by Kehm, second by Seifert, carried unanimously to award the low bid to Diamond Engineering. Shafer was absent at the time the vote was taken. #94-228 - Awarding Bid for Snow Removal Contract. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the 1994-1995 snow removal contract to serve the Public Works Department, Street and Transportation Division and that one complete bid was received from Hooker Brothers of Grand Island. Ms. Griffiths stated that a second bid had been received, but was considered incomplete as the bid did not include pricing for truck plows. Motion by Kehm, second by Seifert, carried unanimously to award the low bid to Hooker Brothers. Shafer was absent at the time the vote was taken. #94-229 - Awarding: Bid for Underground Electric Distribution Proiect. Beth Griffiths, Purchasing Agent, reported that the Utilities Division had received proposals for engineering services for the Underground Electric Distribution Project and that two proposals had been received in the amounts of $6,500 and $18,500. It was noted that the proposal of $6,500 submitted by Scheidegger Engineering Company was evaluated to be the best proposal. Motion by Kehm, second by Seifert, carried unanimously to award the low bid to Scheidegger Engineering Company. Shafer was absent at the time the vote was taken. #94-230 - Approving Submittal of Driving Under the Influence Grant Application. Deputy Police Chief Gary Piel reported that the proposed application was a request for funding for one officer to be assigned exclusively to Driving Under the Influence enforcement, the purchase of one police car to be assigned for this enforcement effort, and funds to provide overtime for other officers to cover this assignment when the primary officer was off duty. Councilmember Murray noted that the City would be assuming future obligations inasmuch as the grant would fund 90 % of the costs in the first year and would be reduced to 75 % in year two and 50 % in year three. Cale Neal, 1809 South Harrison, spoke on the issue. Motion by Sorensen, second by Johnson, carried unanimously to approve. Shafer was absent at the time the vote was taken. I I I Page 7, City Council Regular Meeting, September 12, 1994 #94-231 - Approving Traffic Modification at 18th Street and Plum Street. Motion by Sorensen, second by Johnson, carried unanimously to approve traffic modifications at 18th Street and Plum Street requiring Plum Street traffic to stop before crossing 18th Street. Shafer was absent at the time the vote was taken. #94-232 - Approving Placement of Stop Signs along 18th Street to St. Paul Road. Motion by Sorensen, second by Johnson, carried unanimously to approve placement of stop signs along 18th Street to St. Paul Road. Shafer was absent at the time the vote was taken. #94-234 - Approving Agreement with the Grand Island Housing Corporation relative to Homeownership Opportunity Program. Jerri Garroutte, Community Development Director, reported that the City had been awarded a $350,000 Community Development Block Grant for street improvements (paving) in conjunction with a new housing development and down payment assistance for first time home buyers. Ms. Garroutte noted 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 Sorensen, second by Johnson, carried unanimously to approve. Shafer was absent at the time the vote was taken. #94-233 - Approving Designated Representative as Required by Clean Air Act Amendments of 1990. Motion by Sorensen, second by Seifert, carried unanimously to name the Utilities Director be appointed as designated Representative and the Assistant Utility Director be appointed as Alternate Designated Representative, and to approve an agreement with the DR and ADR to define the relationship of those positions. Shafer was absent at the time the vote was taken. 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: #8041 - Amending Chapter 5 of City Code relative to the Allowance of Llamas in City Limits #8043 - Creating Sanitary Sewer District #478, Webb Road and Faidley Avenue #8044 - Amending City Code Relative to Open Burning Policies 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. Councilmember Murray seconded the motion. After inviting questions or comments and there being none, the Mayor called for a roll call vote on the motion. The motion carried unanimously. Shafer was absent at the time the vote was taken. Councilmember Wit requested that Ordinance #8041 be considered separately. Clerk: Ordinances #8041 on its first reading. All those in favor of the passage, answer roll call. Upon roll call, Preisendorf, Murray, Johnson, Hosier, Sorensen, and Solt voted aye. Wit, Kehm, and Seifert voted nay. Shafer was absent at the time the vote was taken. Motion I I I Page 8, City Council Regular Meeting, September 12, 1994 carried. Clerk: Ordinance #8041 on its final passage. All those in favor of the passage of the ordinance on final passage, answer roll call. Upon roll call, Preisendorf, Murray, Johnson, Hosier, Sorensen, and Solt voted aye. Wit, Kehm, and Seifert voted nay. Shafer was absent at the time the vote was taken. Motion carried. Clerk: Ordinances #8043 and #8044 on their first reading. All those in favor of the passage, answer roll call. Upon roll call vote, all voted aye. Shafer was absent at the time the vote was taken. Clerk: Ordinances #8043 and #8044 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. Shafer was absent at the time the vote was taken. Motion carried. Mayor: By reason of the roll call votes on the first and final passage of said ordinances, Ordinances #8041, #8043, and #8044 are declared to be lawfully passed and adopted upon publication as required by law. DISCUSSION OF NON-AGENDA ITEMS. Nancy Kelly, 2712 Pioneer Boulevard, spoke in support of consistency in City government. CLAIMS: Motion by Wit, second by Preisendorf, to approve the claims in the amount of $2,413,229.87 as presented by the City Clerk. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, and Sorensen voted aye. Salt abstained. Shafer was absent at the time the vote was taken. Motion carried. ADJOURNMENT: The meeting was adjourned at 9:50 p.m. Respectfully submitted, ~aiSL City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL TOUR September 19, 1994 Pursuant to due call and notice thereof, a meeting of the City of Grand Island was conducted in the Council Chambers of City Hall, 100 East First Street, on September 19, 1994. Notice of the meeting was given in the Grand Island Independent on September 14, 1994. The Tri Cities meeting involved elected officials from Kearney and Hastings. Mayor Dobesh called the meeting to order at 7:05 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Wit, Murray, Johnson, Hosier, Seifert, Sorensen, and Solt. Kehm and Shafer were absent. Mayor Ron Larsen, and Councilmembers Terry Zobel, and Jose Zapata, elected Officials from Kearney, and Mayor Phil Odom, and Councilmembers Houston Edwards, Steve Huntley, Roger Coffman, Marilyn Will, Cynthia Nicolarsen-Palmer, and John Brooks, elected officials from Hastings were also present at the meeting. TOUR OF CITY HALL. Purchasing Agent Beth Griffiths conducted a tour of City Hall. Communications and Civil Defense Director Howard Maxon assisted with the tour in the lower level. TOUR OF WATER PARK. Parks and Recreation Director Steve Paustian and David Korgel, maintenance staff, conducted a tour of the Island Oasis Water Park. INFORMAL DISCUSSION. Following the tour, participants returned to City Hall for a presentation by Hastings Mayor Phil Odom relative to EP A regulations and Hastings' experience with those regulations. General discussion and a reception followed. ADJOURNMENT. The meeting was adjourned at 9:30 p.m. Respectfully submitted, & c1t t\ CJ;d ~hJ Cindy K. Cartwnght City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING September 26, 1994 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, 100 East First Street, on September 26, 1994. Notice of the meeting was given in the Grand Island Independent on September 21, 1994. Mayor Dobesh called the meeting to order at 7:00 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt. The following City Officials were present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, Public Works Director Wayne Bennett, and City Attorney Keith Sinor. PLEDGE OF ALLEGIANCE was said followed by INVOCATION given by Chaplain George Wheat. APPROVAL OF MINUTES Motion by Solt, second by Shafer, carried unanimously to approve the minutes of the City Council Regular Meeting of September 12, 1994 and the minutes of the Tri Cities Meeting of September 19, 1994. PROCLAMATION. City Clerk Cindy Cartwright reported that October had been proclaimed National Arts and Humanities Month, and also International Training in Communication Month. REPORT BY OUTSIDE PROSECUTOR. Outside Prosecutor Vincent Valentino made a general statement relative to City Government. Mr. Valentino requested permission to remove a support staff computer from the City Clerk's Office for review of files. Motion by Solt, second by Seifert, carried unanimously to add the request as an emergency item. Motion by Sorensen, second by Seifert, carried unanimously to provide permission for removal of the computer. A break was taken at 7:28 p.m. Meeting resumed at 7:42 p.m. PUBLIC HEARINGS: Public Hearing on Proposed Amendments to the Zoning: Regulation to Permit Manufactured Homes in Residential Locations. Regional Planning Director, Nelson Helm, reported that the Planning Department had initiated a number of amendments to the Zoning Ordinance of the City Code to address LB511, passed by the Legislature during the 1994 session, which mandates that a governing body shall not adopt or enforce any zoning ordinance or regulation that prohibits the use of land for a residential structure simply because the proposed structure is a manufactured home that meets certain specifications. Mr. Helm added that the law would I I I Page 2, City Council Regular Meeting, September 26, 1994 become effective January 1, 1995. There was no public testimony on the issue. Public Hearing on Renewal of Liquor License for Grand Island Latin Club. City Attorney Keith Sinor reported that the Public Hearing was being held to hear citizen input relative to the automatic renewal of the Class II C II Liquor License for the Grand Island Latin Club. It was reported that eight protests had been filed. Benny Campos, 621 Market Street, Dennis Benson, 1008 East 5th Street, George Patrick, 1303 East 6th Street, Jackie Pielstick, 722 East 7th Street, Stan Nelson, 1424 East 5th Street, and Kevin Trapp, 1407 East 6th Street, spoke against the application. Yolanda Nuncio, 4362 Manchester Road, spoke in support of the application. DISCUSSION AND INFORMATION ITEMS: Discussion on Claim and Expenditure Summary Reports. Councilmember Seifert requested that the claims register be detailed by department when presented to the Council for approval. Finance Director Chuck Haase indicated that reports are available to the Council in several different formats, including Claims Registers, which are issued in conjunction with Regular City Council Meetings, and Expenditure Guidelines, which may be issued monthly. Motion by Seifert, second by Sorensen, carried unanimously, to present claims in departmental format. Discussion on Policies Relative to Elected Officials Presence on GITV. Motion by Seifert, second by Sorensen to disallow any candidate running for political office from appearing on GITV or in any official publication of the City during the time they are running for office until after the general election. Al Avery, 3125 North Webb Road, spoke in support of GITV and the information provided. Councilmember Murray suggested that self policing would be more appropriate than preventing elected officials from appearing on GITV. Councilmembers Wit, Murray, Kehm, Solt, Johnson, and Preisendorf spoke against the proposed amended policy. City Administrator Zachary Zoul discussed the budget and staffing for GITV. Upon roll call vote, Seifert and Sorensen voted aye. Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Shafer, and Solt voted nay. Motion failed. Discussion on Inspection of Old City Hall Building. Councilmember Seifert proposed that an architect hired by the County be allowed to examine and inspect the old City Hall facility in order to ascertain the cost of renovation for conversion to Hall County use. Dianne Kelley, Downtown Development Director, stated that a physical inspection of the Old City Hall building by any entity interested in purchasing the building would be appropriate and expected. Gary Quandt, 2006 West 11 th, stated that the County was in need of additional space and would like to have 30 days for inspection purposes. Motion by Seifert, second by Sorensen to table request for inspection. Upon roll call vote, Preisendorf, Murray, Johnson, Kehm, Shafer, and Solt voted aye. Wit, Seifert, Sorensen, Hosier voted nay. Motion carried. REQUESTS AND REFERRALS: Receipt of Official Documents. Motion by Sorensen, second by Shafer, carried unanimously, I I I Page 3, City Council Regular Meeting, September 26, 1994 with Preisendorf absent during voting to receive and place on file the minutes of the Civil Service Commission Meeting of August 30, 1994, the minutes of the Regional Planning Commission Meeting of September 7, 1994, the minutes of the Downtown Improvement Board Meeting of September 16, 1994, and applications 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, Third City Sanitation, Inc., Mid-Nebraska Disposal, Inc., and Clark Brothers Sanitation. Request to Purchase Property in Industrial Park for RV Park. Motion by Seifert, second by Kehm, carried unanimously to deny the request of Mr. Jerry Rainforth to purchase 10 acres of property in the Industrial Park for development of an RV Park. Earl Alschwede, attorney representing Mr. Rainforth, spoke in support of the request. A break was taken at 9:25 p.m. The meeting resumed at 9:30 p.m. Consideration of a Request for Determining Action Relative to Liquor License Renewal for Grand Island Latin Club. Motion by Sorensen, second by Solt, carried unanimously to approve Resolution #94-241, requesting the Grand Island Latin Club to complete a long form application for a Class "C" Liquor License. Jim Sander, 218 North Harrison, and Yolando Nuncio spoke on the issue. Request of Burlington Northern Railroad for License Agreement for Vacation of Right of Way. Wayne Bennett, Public Works Director, reported that Robert Farmer, representing Burlington Northern, had submitted a License Agreement application to allow for vacation of a portion of St. Paul Road. Mr. Bennett explained that Burlington Northern proposed to allow their lessee, Mr. Ted Walford, of Island Insulation, to construct a building there but 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. Ted Walford, 1304 St. Paul Road, spoke in support of the request. Motion by Preisendorf, second by Seifert, carried unanimously to table until further study. Approving Liquor Manager Designation for Fraternal Order of Eagles. Motion by Seifert, second by Wit, carried unanimously to approve the request of Mr. Leonard C. Johnson, 1504 West 24 Road, Marquette, for a Liquor Manager Designation associated with the Fraternal Order of Eagles, 213 North Sycamore Street. Approving Deletion to Premises Liquor License For Flamingo Lounge Motion by Seifert, second by Wit, carried unanimously to approve the request of Mr. Ralph LaRosa, dba Flamingo Lounge, 3421 West State Street, for a Deletion to Premises Liquor License. Approving Request of Liederkranz for Special Designated Liquor Permit. Motion by Seifert, second by Wit, carried unanimously to approve the request of the Grand Island Liederkranz, located at 403 West First Street, for a Special Designated Liquor Permit for October 8, 1994, from 7:00 p.m. to 1:00 a.m. for the sale of alcoholic beverages in the ballroom of the Liederkranz in conjunction with a KRGI dance. I I I Page 4, City Council Regular Meeting, September 26, 1994 Referral of Rezoning to Regional Planning Commission. Motion by Seifert, second by Sorensen, carried unanimously to refer the request of Mr. Kenneth W. Staab and Mrs. Rose Mary Staab, 3143 Briarwood Boulevard, and Mr. Quentin Hooker, 1804 West Anna, to rezone a 6.4 acre parcel of land located north of Stolley Park Road, between Ada Street and Henry Street from a "Ml - Light Manufacturing" zone to a "B2 - General Business" zone, and the request of Mr. Warren Garrett, Garrett Enterprises, 3004 Old Potash Highway, to rezone a parcel of property located on the north side of Old Potash Highway, approximately 300 feet east of Webb Road being immediately east of Ampride, from an "Ml - Light Manufacturing" zone to a "B2 - General Business" Zone. Consideration of Request of Clarence Fisher for Placement on Retired List Effective September 30. 1987. Keith Sinor, City Attorney, reported that Fireman Clarence Fisher began employment with the City on February 1, 1965, and on September 29, 1987, resigned at the age of 48. Mr. Sinor added that on September 15, 1987, Mr. Fisher submitted a request for certain retirement benefits, which the Council denied. It was reported that this denial was appealed to the District Court, which ruled for Mr. Fisher, and then to the Supreme Court, which reversed that decision and ruled for the City. The City Attorney recommended denial of the claim based on the fact that no new information had been provided, and because the Court system had ruled for the City. Motion by Shafer, second by Kehm, carried unanimously to deny. Approval of a Request for Concession Stands during Harvest of Harmony Parade. Motion by Johnson, second by Wit, carried unanimously to approve the list of proposed street vendor stands and operational rules for the Harvest of Harmony Parade on October 1, 1994. Approval of Request for a Street Vending Permit. Motion by Johnson, second by Wit, carried unanimously to approve the request of Mr. and Mrs. Albert Spears, dba Our Place, to use public streets for the purpose of engaging in the business of street vending. RESOLUTIONS: #94-235 - Supporting Local Governments for Superfund Reform. It was reported that at the Tri Cities Meeting of September 19, 1994, discussion was held relative to addressing municipal liability for the cleanup of hazardous substances under the comprehensive Environmental, Response, Compensation and Liability Act (CERCLA or Superfund). Motion by Solt, second by Wit, carried unanimously to approve Resolution #94-235 Supporting Local Governments for Superfund Reform. #94-236 - Awarding Bid for 1994 Coal Agreement. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division received bids for the 1994 coal supply. Ms. Griffiths stated that five bids had been received, ranging from $3.00 per ton to $5.05 per ton, but that the low bid, submitted by Thunder Basin of Denver, Colorado, noted major exceptions to the specifications and was considered noncompliant. Ms. Griffiths suggested that the next low bid, submitted by Caballo Rojo, Inc., of Denver, Colorado, was within 1 % ofthe bid submitted by Thunder Basin, and the clarifications and exceptions to the specifications were acceptable. Motion by Shafer, I I I Page 5, City Council Regular Meeting, September 26, 1994 second by Kehm, carried unanimously to award the bid to Caballo Rojo, Inc., in the amount of $4.05 per ton. #94-237 - Awarding Bid for Polemount Transformers. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division received bids for the purchase of polemount transformers to serve the Utilities Department, Electric Line Division. Ms. Griffiths stated that six bids were received, ranging from $44,760 to $56,100, and that the low bid was submitted by Crescent Electric of Grand Island with an actual bid, after evaluation, of $47,898. Motion by Shafer, second by Kehm, carried unanimously to Crescent Electric. #94-238 - Awarding Bid for Luminaires and Miscellaneous Electrical Items Ms. Griffiths, Purchasing Agent, stated that the Purchasing Division has received bids for the purchase of luminaires and miscellaneous electric items to serve the Utilities Department, Electric Line and Underground Divisions. Ms. Griffiths stated that four bids had been received, ranging from $16,604 to $18,387.50 and that the low bid had been submitted by Dutton Lainson, of Hastings, Nebraska, in the amount of $16,604. Motion by Shafer, second by Kehm, carried unanimously to award the low bid to Dutton Lainson. #94-239 - Adoption of a Resolution Approving Traffic Modification on 18th Street and Plum Street. Wayne Bennett, Director of the Public Works Department reported that the Public Works Department had temporarily provided a stop sign protection on 18th Street and Plum Street due to the Burlington Northern Elevated Rail Project. Mr. Bennett recommended that permanent signage, requiring northbound Plum Street traffic to stop before crossing 18th Street, but allowing for a right turn without stopping be approved. Motion by Murray, second by Wit, carried unanimously to approve. #94-240 - Adoption of a Resolution Approving Integrated Solid Waste Management Plan. Wayne Bennett, Public Works Director, reported that at the April 11, 1994 City Council Meeting, the City Council approved the Integrated Solid Waste Management Work Plan which was presented by Wayne Bennett, Director of the Public Works Department and that the Integrated Solid Waste Management Plan was being presented for Council approval prior to submittal to the Department of Environmental Quality. Motion by Kehm, second by Solt, to approve. Upon roll call vote, Preisendorf, Wit, Murray, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt voted aye. Johnson abstained. 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: #8045 - Approving Amendments to Zoning Ordinance #8046 - Creating Sanitary Sewer District #479T #8047 - Amending City Code Relative to Natural Gas Billing Procedures I I I Page 6, City Council Regular Meeting, September 26, 1994 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. Councilmember Wit seconded the motion. After inviting questions or comment there being none, the Mayer called for a roll call vote on the motion. The motion carried unanimously. Clerk: Ordinances #8045, #8046, and #8047 on their first reading. All those in favor of the passage, answer roll call. Upon roll call, all voted aye. Motion carried. Clerk: Ordinances #8045, #8046, and #8047 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. Motion carried. Mayor: By reason of the roll call votes on the first and final passage of said ordinances, Ordinances #8045, #8046, and #8047 are declared to be lawfully passed and adopted upon publication as required by law. PAYMENT OF CLAIMS: Motion by Preisendorf, second by Wit, to approve the claims in the amount of $3,811,094.51 as presented by the City Clerk. Upon roll call vote, Preisendorf, Wit, Murray, Hosier, Kehm , Seifert and Sorensen voted aye. Johnson abstained. Councilmember Solt abstained on Claim #23548. Motion carried. ADJOURNMENT: The meeting was adjourned at 10:05 p.m. 0SP:C~~Y SUbm~ cYn1y ~~ht City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL STUDY SESSION October 3, 1994 Pursuant to due call and notice thereof, a Study Session of the City of Grand Island was conducted in the Council Chambers of City Hall, 100 East First Street, on October 3, 1994. Notice of the meeting was given in the Grand Island Independent on September 28, 1994. Mayor Dobesh called the meeting to order at 7:00 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Wit, Murray, Johnson, Kehm, Sorensen, Shafer, and Solt. Councilmembers Seifert and Hosier were absent. The following City Officials were present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith Sinor, and Public Works Director Wayne Bennett. DISCUSSION ON REQUEST OF BURLINGTON NORTHERN RAILROAD FOR LICENSE AGREEMENT FOR VACATION OF RIGHT OF WAY. Public Works Director Wayne Bennett reported that Burlington Northern Railroad had requested vacation of City right of way to allow Island Insulation to move a quonset into the public right of way. Ted Walford, 1304 North St. Paul Road, spoke in support of the application. Discussion was held relative to the location and the options available. It was determined that the area needed was the northwest quadrant of the intersection of St Paul Road and 10th Street. The item was referred to the next Council Meeting for consideration. REPORT ON RECEIPT OF DONA TED FUNDS FOR RESCUE TRUCK. Fire Chief Jim Rowell presented information on the donation of funds for the purchase of a new Rescue truck. Mr. Rowell noted that a $5,000 check had been receilved from Hanson Industries towards this purchase. DISCUSSION ON MEETING RULES AND COUNCIL CHAMBER LOGISTICS AND PROCEDURES. City Administrator Zachary Zoul reviewed Council Chamber logistics relating to the sound system, and also outlined various procedlural and meeting rules. CONVERSION OF LION'S CLUB PARK INTO COMMUNITY DEVELOPMENT HOUSING. Councilmember Kehm voiced concern relative to the need for affordable housing in Grand Island and suggested that the Lion's Club Park be viewed as a possible site for ten single family dwellings. Mr. Kehm noted that the Lion's Club Park had been cited as a source of concern by many residents of the area in relation to crime. Discussion was held on the need to retain Lion's Club Park and to make improvements, such as lighting and additional waste receptacles, to the Park. Councilmember Preisendorf requested that sta1f research the cost of lighting for Lion's Club Park, as well as Pit Park, and that enforcement be enhanced at the Park. Tammi Kehm, 222 East 7th Street, spoke on the issue. Bennie Campos, 621 Market Street, Glendale Reiss, I I I Page 2, City Council Study Session, October 3, 1994 910 North Boggs, Yolando Nuncio, 4362 Manchester Road, Al Knoepfel, 122 West 12th Street, Lewis Kent, 624 East Meves, Tom O'Neill, 514 West 10th Street, spoke on the issue. Support was voiced for the continuance of the Lion's Club Park. DISCUSSION ON ENFORCEMENT OF SOUTH LOCUST/I-80 INTERCHANGE PROJECT CONSERVATION EASEMENTS. Councilmember Murray reported that the South Locust/I-80 Interchange Steering Committee had been working to try and keep the South Locust project moving and to ensure that all steps were taken to ensure that the project was completed. Mr. Murray noted that an Environmental Impact Statement needed to be prepared for the project and approved by several federal government agencies and that the Steering Committee was working with government agencies and environmental groups to develop a proposal that would address the environmental concerns. Mr. Murray explained that one of the proposals discussed was the acquisition of conservation easements on the land surrounding the proposed interchange which would restrict any uses of the land that might be disruptive to the cranes' use of the roost site. Mr. Murray stated that enforcement of the easements needed to be assumed by a governmental entity and was interested in the Council's willingness to assume the responsibility for enforcement of the conservation easements. Councilmember Solt spoke in support of a joint City/County enforcement effort. Galen Stelik, attorney representing Charles McDonald, spoke on the issue and questioned if the City or State had the right to condemn properties for environmental purposes. Mr. Stehlik stated that the potential use of the property should be considered when compensation is discussed. Councilmember Murray noted that the committee had discussed condemnation and compensation at great length but that this issue was relative only to whether the City had an interest in assuming responsibility for enforcement of the easements. Councilmembers Johnson and Preisendorf spoke in favor of the City assuming responsibility only for the area within City limits. Councilmember Wit stated that inasmuch as the City would benefit from the project, he would support City assumption of the enforcement of the easements. ADJOURNMENT: The meeting was adjourned at 8:35 p.m. Respectfully submitted, ~ i\QvJwnF Cindy K. Cartwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING October 10, 1994 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, 100 East First Street, on October 10, 1994. Notice of the meeting was given in the Grand Island Independent on October 5, 1994. Mayor Dobesh called the meeting to order at 7:00 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, and Shafer. Councilmember Solt was absent. The following City Officials were present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith Sinor, and Public Works Director Wayne Bennett. PLEDGE OF ALLEGIANCE was said, followed by INVOCATION given by Reverend Del Roper. APPROVAL OF MINUTES: Motion by Sorensen, second by Seifert, to approve the minutes of the City Council Regular Meeting of September 26, 1994 and the minutes of the City Council Study Session of October 3, 1994, with correction as noted by Councilmember Preisendorf. PROCLAMATIONS: City Clerk Cindy Cartwright reported that October 10-14, 1994 had been proclaimed Court Observance Week; October 23-30,1994 Nebraska Mothers Ecumenical Prayer Vigil Week; October 24-30, 1994 Unfunded Mandate Week; and October 1994-1995, Year of the Celebration of the United Nations. PUBLIC HEARINGS: Public Hearing on Land Use Zoning Change. Regional Planning Director, Nelson Helm, reported that the Mr. and Mrs. Kenneth Staab, 3143 Briarwood Boulevard, and Mr. Quenten Hooker, 1804 West Anna, had submitted a request to rezone a 6.4 acre tract of land located north of Stolley Park Road, between Ada Street and Henry Street, from an "M2 II (Heavy Manufacturing) Zone to a "B2" (General Business) Zone and that Mr. and Mrs. Staab and Mr. Hooker wished to develop this area for the construction of apartments. Mr. Helm noted that the Regional Planning Commission, at their meeting of October 5, 1994, recommended denial of the proposed land use and zoning change, based on opposition by several area property owners. Ken Staab, 3143 Briarwood Boulevard, and Allen Cole, 3024 West Stolley Park Road, spoke in support of the rezoning. Lloyd Mettenbrink, 1420 South Ada Street, Ron Vlach, 3000 West Koenig Street, John Baasch, 108 North Custer Street, and Laurie Wilkinson, 1703 Ada Street, spoke in opposition to the rezoning request. I I I Page 2, City Council Regular Meeting, October 10, 1994 Public Hearing: on Land Use Zoning Change. Nelson Helm, Regional Planning Director, reported that Mr. Warren Garrett, 3004 Old Potash Highway, had submitted a request to rezone a 31,750 square foot tract of land located on the north side of Old Potash Highway, approximately 300 feet east of Webb Road being immediately east of Ampride, from an "Ml" (Light Manufacturing) Zone to a "B2" (General Business) Zone inasmuch as Mr. Garrett had requested this change previously to locate a tire retread plant and those plans did not materialize. No public testimony was heard. REQUESTS AND REFERRALS: Receipt of Official Documents. Motion by Preisendorf, second by Shafer, carried unanimously to receive and place on file the minutes of the Board of Adjustment Meeting of June 21, 1994, minutes of the Library Board Meeting of August 1, 1994, minutes of the Library Board Meeting of September 12, 1994, the minutes of the Civil Service Meeting of September 13, 1994, and the application and official bond in the amount of $50,000 filed with the City Clerk's Office and reviewed by the City Attorney for Cen San, Inc. Approval of Request of Tim O'Connor. 1512 North Eddy Street. for License Agreement. Craig Lewis, Building Inspections Director, reported that Mr. Tim O'Connor, dba O'Connor and Associates, 1512 North Eddy Street, had submitted an application for a License Agreement to allow for the construction of a canopy at 1512 North Eddy Street. Mr. Lewis noted that if the request was approved, a minimum of 8 foot clearance above the sidewalk and protection of no more than 3 foot behind the curb line was required. Motion by Seifert, second by Kehm, carried unanimously to approve, with the noted conditions. Approval of Request of State Farm Mutual Automobile Insurance Company. 3610 West Capital Avenue. for License Agreement. Wayne Bennett, Public Works Director, reported that Mr. Ron Bacon, on behalf of State Farm Mutual Automobile Insurance Company, 3610 West Capital Avenue, had submitted an application for a License Agreement to allow for the installation of a concrete ditch liner on the City's right-of-way, parallel to Capital Avenue, adjacent to the State Farm office building. Motion by Shafer, second by Sorensen, carried unanimously to approve. Approval of Special Designated Liquor License for Peacock Lounge. October 22. 1994. Motion by Shafer, second by Sorensen, carried unanimously to approve the request of the Peacock Lounge for a Special Designated Liquor Permit for October 22, 1994, from 1 :00 p.m. to 10:00 p.m. in conjunction with a wedding reception. Approval of Appointments to Community Redevelopment Authority. Motion by Johnson, second by Seifert, to approve the appointments of Mr. Michael Johnson, 605 West Grand Avenue, Mrs. Chris Peterson, 1812 West Louise, Mr. Bob Meyer, 1413 Stagecoach Road, Mr. Ralph Kelly, 2722 South Blaine Street, and Mr. Jerry Huisman, 2410 Santa Fe Circle to the Community Redevelopment Authority. Upon roll call vote, Preisendorf, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, and Shafer voted aye. Wit abstained. Motion carried. I I I Page 3, City Council Regular Meeting, October 10, 1994 Approval of Reconfiguration of Pioneer Estates Mobile Home Park. Craig Lewis, Building Inspections Director, reported that Mr. D. Steven Leininger, attorney representing Pioneer Investments, dba Pioneer Estates, 1414 North Saint Paul Road, had submitted a request for reconfiguration of Pioneer Estates Mobile Home Park. Mr. Lewis stated that the Burlington Northern Railroad, as part of their expansion, had purchased land which provided eight pads for mobile home housing, from Pioneer Investments and that under the proposed reconfiguration, five of those pads would be restored. Motion by Preisendorf, second by Wit, carried unanimously to approve. RESOLUTIONS: #94-242 - Approving Final Plat and Subdivision Agreement for Riffel Subdivision. Nelson Helm, Regional Planning Director, reported that Tri-City Moving Services, Inc. had submitted the final plat and subdivision agreement from Riffel Subdivision, a 2.09 acre tract of land located on the south side of U.S. Highway 30, approximately 3/8 mile east of Stuhr Road. Motion by Sorensen, second by Murray, carried unanimously to approve. #94-243 - Repealing Street Improvement District No. 1190, Sunset Avenue from Cherry Street to Stuhr Road. Wayne Bennett, Public Works Director, reported that on August 22, 1994, the City Council adopted Ordinance #8040 establishing Street Improvement District #1190, in order to provide paving on Sunset Street between Cherry Street and Stuhr Road and that property owners representing 54.2 % of the front footage in District #1190 filed objections to the creation of the district. Mr. Bennett noted that dissolution of Street Improvement District #1190 and repealment of Ordinance #8040 was necessary. Motion by Johnson, second by Kehm, carried unanimously to approve. #94-244 - Approving Initiation of Condemnation Proceedings Relative to Land Acquisition for Army Corps of Engineers Water System Extension Proiect. Gary Mader, Utilities Director, reported that the Utilities Department had determined the need to acquire a permanent water line easement and temporary construction easement on land owned by Douglas R. and Tamara K. Petersen in conjunction with the Army Corps of Engineer' s Water System Extension Project and that the City's attempts to acquire the land through negotiations had failed. Motion by Kehm, second by Murray, carried unanimously to authorize the filing of a condemnation action. #94-245 - Awarding Bid for Substation Batteries. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of substation batteries to serve the Utilities Department, Engineering Division and that six bids had been received, ranging from $17,908.78 to $39,404.50. Ms. Griffiths noted that the two low bids, submitted by Y uasa Exide of Omaha and Weisler and Associates of Kansas City did not meet specifications relating to available space for replacement batteries and construction of the batteries, rack type and flame retardancy, respectively and that the next low bid, in the amount of $18,413, submitted by Ash Battery Systems of Omaha met specifications. Motion by Seifert, second by Hosier, carried unanimously to award the bid to Ash Battery Systems in the amount of $18,413. I I I Page 4, City Council Regular Meeting, October 10, 1994 #94-246 - Awarding: Bid for Electric Transmission Line. Pole Replacement. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of electric transmission line, pole replacement, to serve the Utilities Department, Engineering Division and that three bids had been received, ranging from $11,648 to $14,700.60. Ms. Griffiths reported that the low bid had been submitted by Dominion Construction of Scottsbluff. Motion by Seifert, second by Hosier, carried unanimously to award the low bid to Dominion Construction in the amount of $11,648. #94-247 - Awarding Bid for Padmount Transformers. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of padmount transformers to serve the Utilities Department, Electric Line Division. Ms. Griffiths stated that six bids had been received, ranging from $42,638 to $74,954, prior to evaluation, and that after evaluation it was determined that the lowest bid meeting specifications had been submitted by Crescent Electric of Grand Island, with an actual bid of $42,638.60. Motion by Seifert, second by Hosier, carried unanimously to award the bid to Crescent Electric. #94-248 - Awarding Bid for Power Plant Control Systems. Beth Griffiths, Purchasing Agent, and Gary Mader, Utilities Director, reported that at the City Council Meeting of October 18, 1993, results were presented relative to a study of the control systems at the Platte Generating Station, by the City's consultant, Black and Veatch and that the leading recommendation of the study was for the replacement of the existing, obsolete plant control and information systems with a modern distributed control and information system, which would integrate the current multiple systems into a common system based on digital computer technology. Mr. Mader stated that specifications had been issued to seven suppliers of these systems, however two bidders did not submit the pre-qualification information and two bidders were determined not to be qualified. Mr. Mader explained that bids had been received from three vendors, with evaluated bids ranging from $688,700 to $999,948 and that after considerable evaluation by the City staff and Black and Veatch, it was determined that the low evaluated bidder, Bailey Control, best met the City's requirements. Motion by Seifert, second by Hosier, carried unanimously to award the contract for the Distributed Control and Information System Equipment for Platte Generating Station to Bailey Controls in the amount of $650,890, which included a deduct of $37,810 from the evaluated price for deletion of a workstation used for historical data storage. #94-249 - Approving Designation of Location. Size. and Necessity for Fire Station #4 and Mini Park. Fire Chief Jim Rowell and Regional Planning Director Nelson Helm reported that at the August 22, 1994 City Council meeting, Council approved the designation of the site for Fire Station #4 and the purchase of additional land to serve as a future park, and that the City Attorney advised that it was necessary for the City Council to clarify the location, size and necessity for the Fire Station and park at this site. Motion by Seifert, second by Sorensen, carried unanimously to approve. #94-250 - Approving Change Order #1. Asphalt Maintenance Program 94-AC-1. Wayne Bennett, Public Works Director, reported that the Public Works Department had developed I Page 5, City Council Regular Meeting, October 10, 1994 Change Order #1 for the Asphalt Maintenance Project 94-AC-l to provide for the resurfacing of North Road which had been deleted from the original contract. Motion by Johnson, second by Seifert, carried unanimously to approve. #94-251 - Approving Amendment to Wood River and Upper Warm Slough Proiect Agreement. Wayne Bennett, Public Works Director, reported that on November 9, 1988, the City of Grand Island entered into an agreement with the United States of America and the Central Platte Natural Resources District, Hall County and Merrick County for the Wood River and Upper Warm Slough Feasibility Study. Mr. Bennett explained that in order to complete a required Feasibility Study, an audit, costing $5,000, of which the City's responsibility was $875, was required. Motion by Preisendorf, second by Wit, carried unanimously to approve. #94-252 - Approving Acceptance of Army Corps of Engineers Order for Services relative to Water System Extensions. Gary Mader, Utilities Director, reported that the Utilities Department had assisted the Army Corps of Engineers in the water system extensions undertaken in 1994 and had incurred costs associated with these efforts. Mr. Mader explained that the Army Corps of Engineers had agreed to reimburse the Utilities Department for expenses incurred and had issued an Order for Supplies or Services to the City, which required formal acceptance by signature. Mr. Mader added that the portion of those expenses being reimbursed was $23,500. Motion by Preisendorf, second by Johnson, carried unanimously to approve. I ORDINANCES: #8048 - Approving Change of Land Use District for Property Located north of Stolley Park Road, between Ada Street and Henry Street. Motion by Seifert, second by Shafer to deny the request of Mr. and Mrs. Kenneth Staab, 3143 Briarwood Boulevard, and Mr. Quenten Hooker, 1804 West Anna, to rezone a 6.4 acre tract of land located north of Stolley Park Road, between Ada Street and Henry Street, from an "M2" (Heavy Manufacturing) Zone to a "B2" (General Business) Zone. Councilmember Shafer stated that the concerns of area property owners and the recommendation of the Regional Planning Commission for denial should be noted. Councilmember Wit requested more time to study the issue. Motion by Johnson, second by Wit to table action. Upon roll call vote, Wit, and Johnson voted aye. Preisendorf, Murray, Hosier, Kehm, Seifert, Sorensen, and Shafer voted nay. Motion failed. Roll call vote was taken on the original motion to deny the request. Upon roll call vote, Preisendorf, Murray, Hosier, Kehm, Seifert, Sorensen, and Shafer voted aye. Johnson abstained. Wit voted nay. Motion carried. 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: I #8049 Approving Change of Land Use District for Property Located on the north side of Old Potash Highway, approximately 300 feet east of Webb Road #8050 Amending Chapter 17 of City Code Relative to Landfill Rates for Noncompactible Rubble I I I Page 6, City Council Regular Meeting, October 10, 1994 #8051 Amending Chapter 22 of City Code Relative to Definition of Motor Vehicles and Traffic 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. Councilmember Preisendorf seconded the motion. Glendale Reiss, 910 North Boggs, questioned the definition of traffic. After inviting further questions or comments and there being none, the Mayor called for a roll call vote on the motion. Preisendorf, Wit, Murray, Hosier, Kehm, Seifert, Sorensen, and Shafer voted aye. Johnson abstained. Motion carried. Clerk: Ordinances #8049, #8050, and #8051 on their first reading. All those in favor of the passage, answer roll call. Upon roll call vote, Preisendorf, Wit, Murray, Hosier, Kehm, Seifert, Sorensen, and Shafer voted aye. Johnson voted nay. Motion carried. Clerk: Ordinances #8049, #8050, and #8051 on their final passage. All those in favor of the passage of the ordinances upon final passage, answer roll call. Upon roll call vote, Preisendorf, Wit, Murray, Hosier, Kehm, Seifert, Sorensen, and Shafer voted aye. Johnson voted nay. Motion carried. DISCUSSION ON NON-AGENDA ITEMS: Tony Florian, Boy Scout Troop #117, presented a request for City assistance with funding for an Eagle Scout Project. Earl Wilson, 2323 Bellwood Drive, and Jim Sander, 218 North Harrison, spoke on the City investigation. Dennis Benson, 1008 East 5th Street, presented a petition against the District Court's decision relative to the Latin Club. John Wagoner, 1710 South Harrison, and Jim Sander, 218 North Harrison, spoke in support of appealing the District Court's decision relative to the Latin Club. Glendale Reiss, 910 North Boggs, commented on the sound system. PAYMENT OF CLAIMS: Motion by Wit, second by Preisendorf, carried unanimously to approve the claims in the amount of $1,832,538.98 as presented by the City Clerk. ADJOURNMENT: The meeting was adjourned at 8:21 p.m. ~Z{WwtJ- Cindy K. Cartwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL STUDY SESSION October 17, 1994 Pursuant to due call and notice thereof, a Study Session of the City of Grand Island was conducted in the Council Chambers of City Hall, 100 East First Street, on October 17, 1994. Notice of the meeting was given in the Grand Island Independent on October 12, 1994. Mayor Dobesh called the meeting to order at 7:03 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Wit, Murray, Johnson, Hosier, Seifert, Sorensen, Shafer, and Solt. Councilmember Kehm was absent. The following City Officials were present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, and City Attorney Keith Sinor. DISCUSSION ON REQUEST OF CLARENCE FISHER FOR PLACEMENT ON RETIRED LIST AS OF SEPTEMBER, 1987. City Attorney Keith Sinor reported that the original request of Mr. Fisher had come before the city Council in 1988 at which time the Council denied Mr. Fisher's request. Mr. Sinor added that the denial was appealed to the District Court which ruled for Mr. Fisher and then to the Supreme Court which reversed the decision and ruled for the City. Mr. Sinor recommended that the claim be denied. Mark Luebke, Firefighter Retirement Committee President, spoke in support of Mr. Fisher's request. Councilmember Wit requested additional information as to the events occurring years ago. Michael High, attorney representing Mr. Fisher, spoke on behalf of the request and stated that an appeal of the Council's decision had been filed. City Attorney Sinor stated that he would recommend Council deny the request for pension benefits as of 1987, but support pension benefits retroactively to age 55. Clarence Fisher, 1404 West Louise Street, was present on behalf of the application. Councilmember Murray requested that the item be returned to the next Council agenda. DISCUSSION ON LOCATION OF WATER SLIDE AT LINCOLN POOL. Parks and Recreation Director Steve Paustian requested direction as to the relocation of the water slide at Lincoln Pool. Mr. Paustian noted that plans and specifications needed to be developed for submittal to the State Health Department. It was suggested that City staff do as much of the work as possible. REPORT ON RECREATION PROGRAM. Dawn Carlson, Recreation Superintendent, presented an update on the City's recreation program and services offered. DISCUSSION ON REQUEST OF YMCA RELATIVE TO EXPANSION OF FACILITIES. Michael Gorka, 112 North Wheeler Avenue, current YMCA President, presented a request of the YMCA for expansion of facilities which would require that the parking area immediately north of the YMCA be used for expansion. Dale Beckman, 1631 East Capital Avenue, spoke in support of the request and explained that additional parking area would be provided north of the new expansion. I I I Page 2, City Council Study Session, October 17, 1994 PRESENTATION OF GSTN NEWS. A brief segment of the GSTN news tape was shown. DISCUSSION ON COUNCIL CHAMBERS AUDIO SYSTEM. A status report was presented on the options being pursued relative to improvements to the Council Chambers audio system. Councilmember Wit recommended that information relative to the infrared hearing assistive devices be included in the Council Chamber brochure. ADJOURNMENT: The meeting was adjourned at 8:46 p.m. Respectfully submitted, (}n~ k QuJw~ Cindy K. Cartwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL REGULAR MEETING October 24, 1994 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, 100 East First Street, on October 24, 1994. Notice of the meeting was given in the Grand Island Independent on October 19, 1994. Mayor Dobesh called the meeting to order at 7:00 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, and Shafer. Councilmember Solt was absent. The following City Officials were present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith Sinor, and Public Works Director Wayne Bennett. PLEDGE OF ALLEGIANCE was said, followed by INVOCATION given by Reverend Fred Gardner. APPROVAL OF MINUTES: Motion by Preisendorf, second by Wit, carried unanimously to approve the Minutes of the October 10, 1994 City Council Regular Meeting, and the Minutes of the October 17, 1994 City Council Study Session. PUBLIC HEARINGS: Public Hearing on Request of Sixth Street Food Stores for Class "D" Liquor License. City Attorney Keith Sinor introduced the following exhibits for the record: Application submitted to the Nebraska Liquor License Commission and received by the City Clerk on October 3, 1994; Notice to the general public of date, time, and place of hearing published on October 12, 1994; Departmental reports as required by City Code; and Chapter 4 of City Code. Gary Burn, 402 Cherokee Road, and Kevin Ingraham, 318 North Cherokee, McCook, Nebraska, spoke in support of the application. Councilmember Johnson spoke in opposition to alcohol in a family store. No other public testimony was heard.. Public Hearing on Request of Mr. and Mrs. James Ummel. 612 East Capital Avenue. for Removal of Fill Material. Nelson Helm, Regional Planning Director, reported that Mr. and Mrs. James Ummel, 612 East Capital Avenue, had submitted an application for the removal of fill material from their property at 612 East Capital Avenue. It was noted that a Conditional Use Permit was required inasmuch as the request was similar to a sand and gravel pit which are allowed under City Code as a Conditional Use, approved by the Council. Mr. Helm recommended that if the Council approved the request it be subject to the owner filing an Erosion Control Plan and that a maximum time limit be provided for possible excavation I I I Page 2, City Council Regular Meeting, October 24, 1994 activity. James Ummel, 612 East Capital Avenue, spoke in support of the application. Frances Kruse, 2585 North Saint Paul Road, Dennis Benson, 1008 East Fifth Street, spoke in opposition to the application. Councilmember Wit voiced concerns relative to safety. No other public testimony was heard. Public Hearing on Intent to Purchase Property for Fire Station #4 and Park. Fire Chief Jim Rowell reported that a Public Hearing had been scheduled to receive public comment relative to the purchase of property at 13th Street and North Road for the location of a fire station and park. It was reported that the proposed 3.34 acre site would provide excellent access onto two adjacent arterial streets and that the park would provide a buffer and open space to future residential development on the south and east. Mr. Rowell noted that the area could also be utilized for training if funding were available. Mark Luebke, 512 Meves, questioned the safety of the parking lot next to a park. Dick Rabe, acting as Trust Officer of FirsTier Bank, handling the Jeanette Leiser estate, stated that there were issues involved with the proposed property which would take some time to resolve. No other public testimony was heard. DISCUSSION AND INFORMATION ITEMS: Request for Lighting Improvement for Third City Baseball. Mr. Sid French, President of Third City Baseball, Inc., had submitted a request for funding assistance to provide lighting equipment at the east Pier Park baseball field, located across from the old swimming pool, in order to prevent injury to ball players resulting from poor lighting. Gary Mader, Utilities Director, recommended that over designed supporting poles be installed for feeder line protection, and suggested that if Third City Baseball was willing to provide installation, the City could provide the poles. Motion by Sorensen, second by Seifert, carried unanimously to approve. REQUESTS AND REFERRALS: Receipt of Official Documents. Motion by Preisendorf, second by Wit, carried unanimously to receive and place on file the Minutes of the Downtown Improvement Board Meeting of August 16, 1994; the Minutes of the Civil Service Commission Meeting of September 13, 1994; the Minutes of the Fire/Police Pension Meeting of September 13, 1994; the Minutes of the Downtown Improvement Board Informational Exchange Meeting of September 27, 1994; the Minutes of the Regional Planning Commission Meeting of October 5, 1994; and the official bond, in the amount of %5,000, from James Keeshan for a Pawnbrokers License. Approval of Liquor License for Sixth Street Food Stores, Inc.. d/b/a U Save Foods. Motion by Shafer, second by Wit, to approve the Liquor License for Sixth Street Food Stores, Inc., d/b/a U Save Foods, 3420 West State Street, for a Class "D" Liquor License. Upon roll call vote, Preisendorf, Wit, Murray, Hosier, Kehm, Seifert, and Shafer voted aye. Johnson and Sorensen voted nay. Motion carried. Approval of Liquor Manager for Sixth Street Food Stores, Inc. Motion by Shafer, second by Wit, to approve the request of Mr. Kevin Ingraham as Liquor Manager for Sixth Street Food I I I Page 3, City Council Regular Meeting, October 24, 1994 Stores, Inc., d/b/a U Save Foods. Upon roll call vote, Preisendorf, Wit, Murray, Hosier, Kehm, Seifert, and Shafer voted aye. Johnson and Sorensen voted nay. Motion carried. Request of Chamber of Commerce for License Agreement for Use of Public Right of Way. Craig Lewis, Building Inspections Director, reported that Mr. Roger Nygaard, President of the Chamber of Commerce, 309 West Second Street, had submitted an application for a License Agreement to allow for the installation of a canopy and the construction of a handicap ramp at 309 West Second Street. Motion by Seifert, second by Sorensen, carried unanimously to approve the request contingent upon approval from the State of Nebraska. Request for Conditional Use Permit for Removal of Fill Material. Nelson Helm, Regional Planning Director, reported that Mr. and Mrs. James Immel had submitted an application for a Conditional Use Permit for the removal of fill material on their property at 612 East Capital Avenue. Councilmember Preisendorf questioned whether any soil testing had been conducted. Bill Gannon, 2536 West Fourth Street, stated that he believed clay would be reached at about 16'. Discussion was held on possible restrictions the Council could place on the Conditional Use Permit, such as time frame or safety precautions such as a fence. Councilmember Wit requested a site plan and a plan for safety and moved that action be delayed to the Special Meeting of November 7, 1994. Second by Seifert. Motion carried unanimously. Request of YMCA for Expansion. Discussion was held on the request of the YMCA to utilize the parking area immediately north of the YMCA, encompassing 128' north/south by 140' east/west to be used as a gymnasium, multipurpose room, meeting room, and aerobics facility. Michael Gorka, 112 North Wheeler Avenue, spoke in support of the request. Councilmember Murray questioned parking arrangements. Mr. Gorka noted that with the new parking lot south of the YMCA and the anticipated parking north of the facility there would be sufficient space. Lois Steinke, Grand Generation Center, requested that the Council consider blocking off the alley on the north of the building for safety purposes. Councilmember Wit requested staff to research vacation of the alley. Motion by Shafer, second by Seifert, carried unanimously to approve. Request for Building Permits for Single Family Dwellings on Property Which is Not Located on a Dedicated Street. The request of Mr. James Hatch, 912 West Fourth Street, for a building permit to construct a single family dwelling on property which was not located on a dedicated street, was postponed until November 14, 1994, at Mr. Hatch's request. Request of Clarence Fisher or Placement on Retired List Effective September 30. 1987. City Attorney Keith Sinor reviewed the request of Mr. Clarence Fisher for replacement on the retired list as of September 30, 1987. Michael High, legal counsel for Mr. Fisher, spoke on behalf of the request, and asked for a continuance. Motion by Shafer, second by Preisendorf, to deny the request. Upon roll call vote, Preisendorf, Johnson, Hosier, Kehm, Seifert, Sorensen, and Shafer voted aye. Wit and Murray abstained. Motion to deny the claim carried. I I I Page 4, City Council Regular Meeting, October 24, 1994 Request of CR Manufacturing for Driveway Variance. Wayne Bennett, Public Works Director reported that Mr. Chuck Roehrich, d/b/a CR Manufacturing, had submitted a request for an exception to driveway setback requirements which would provide for a drive 45' from the intersection instead of the normally required 75'. Motion by Kehm, second by Preisendorf, carried unanimously to approve. Request for Easement. Lisa Thayer, Assistant City Attorney, reported that US West Communications Company had requested an easement from Nash Finch in order to locate its telecommunications wire. Ms. Thayer noted that the City had issued industrial development revenue bonds in 1974 to finance the Nash Finch project and was leasing the premises to Nash Finch until the revenue bonds were paid in full, thereby requiring the City to execute the easement from Nash Finch to US West. Motion by Seifert, second by Wit, carried unanimously to approve. Request of Ted Walford for Vacation of Right of Way. Motion by Councilmember Johnson, second by Murray, carried unanimously to add the request of Mr. Ted Walford for vacation of right of way to the agenda as an emergency item. Ted Walford, 1020 North Saint Paul Road, spoke in support of the request. Motion by Preisendorf, second by Shafer, to deny the request. Upon roll call vote, Preisendorf, Wit Murray, Johnson, Hoiser, Seifert, and Shafer voted aye. Kehm and Sorensen voted nay. Motion carried. Councilmember Johnson moved to direct staff to prepare and issue a License Agreement to Mr. Walford for the vacation of the area on which an existing building was placed, and to waive the fee for the License Agreement. Second by Preisendorf. Upon roll call vote, motion carried unanimously. Break was taken at 8:42 p.m. Meeting resumed at 8:46 p.m. RESOLUTIONS #94-253 - Awarding Bid for Architectural Services for Fire Station #4. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received proposals for Architectural Services for Fire Station #4 and that four proposals were received with not-to-exceed total costs ranging from $24,000 to $42,920. Ms. Griffiths reported that the proposals were evaluated by an evaluation committee who unanimously determined that the proposal submitted by Richard E. Willis & Associates with a not-to-exceed amount of $24,000 was in the City's best interest. Motion by Seifert, second by Kehm, carried unanimously to award the bid to Willis & Associates. #94-254 - Awarding Bid for Wooden Utility Poles. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for I I I Page 5, City Council Regular Meeting, October 24, 1994 the purchase of three types of wooden utility poles to serve the Utilities Department, Electric Line Division, and that three bids were received ranging from $149.50 to $363.04 per pole type. Ms. Griffiths stated that the low bid had been submitted by Larsen Marketing of Lincoln, Nebraska, in the amount of $36,414. Motion by Seifert, second by Kehm, carried unanimously to approve. #94-255 - Awarding Bid for Concrete Poles. Power Cable & Miscellaneous Electrical Items. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of concrete poles, power cable, and miscellaneous electrical items to serve the Utilities Department, Electric Line and Underground Divisions. Ms. Griffiths stated that six bids were received, however, two could not be considered inasmuch as they did not meet minimum specifications, and that the low bids for all but four of the line items could be awarded without Council action as they were under $10,000 each. Ms. Griffiths recommended that the low bids for the remaining items be awarded to Wesco of Grand Island in the amount of $176,662.68 plus tax for concrete poles, power cable, and arresters, and to Husker Electric of Lincoln, Nebraska in the amount of $10,890 plus tax for 10' crossarms. Motion by Seifert, second by Kehm, carried unanimously. #94-256 - Awarding Bid for 15KV A Polemount Transformers. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of polemount transformers to serve the Utilities Department, Electric Line Division and that five bids were received ranging from $23,328 to $28,752. Ms. Griffiths stated that after evaluation, the lowest bid meeting specifications was submitted by Kriz-Davis of Grand Island in the amount of $23,328. Motion by Seifert, second by Kehm, carried unanimously to award low bid to Kriz- Davis. #94-257 - Awarding Bid for Architectural Services for Drive Up Window. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received proposals for architectural services for the drive up window in the Finance Department, and that one proposal was submitted by Aufdemberge Architecture of Grand Island in a not-to-exceed amount of $5,000. Ms. Griffiths stated that after further clarification of the scope of work, the offeror reduced the not-to-exceed cost to $3,000 and that the Council approval for execution of the contract with Aufdemberge was Architects was requested. Councilmember Wit asked for an estimate on the cost to build the drive up window. Councilmember Johnson suggested that the Council consider a design/build quote which would save the architectural fees, and moved to take no action on the bid for architectural services but to direct staff to proceed with receipt of design/build quotes. Second by Seifert. Upon roll call vote, motion carried unanimously. #94-258 - Awarding Bid for Compact Tractor. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for a compact tractor to serve the Park and Recreation Department. Parks Division, and that three bids had been received, ranging from $17,042 to $22,150. Ms. Griffiths added that the low bid did not meet specifications, and a fourth bid could not be considered as the bid security was improperly submitted. Ms. Griffiths recommended that the next low bid, in the amount of $17,962, be awarded to Green Line I I I Page 6, City Council Regular Meeting, October 24, 1994 Equipment of Grand Island. Motion by Seifert, second by Kehm, carried unanimously to award the low bid meeting specifications to Green Line Equipment in the amount of $17,962. #94-259 - Agreement with State of Nebraska for Improvements to East Highway 30. Wayne Bennett, Public Works Director, reported that the Nebraska Department of Roads had prepared an Agreement for improvements to East Highway 30 in the vicinity of the Burlington Northern Railroad which would provide for the extension of the First and Second Street one-way system east under the new Burlington Northern Railroad bridges and continue east to where the one-way system joins into one 4-lane divided roadway. Mr. Bennett added that work was expected to commence after the completion of the Burlington Northern Railroad Project, and that the City's share of the project would be 20% of the $1.2 million budget, or $224,000, which would be budgeted for in the 1995-1996 Annual Budget. Motion by Preisendorf, second by Wit, carried unanimously to approve. #94-260 - Change Order for Proiect ELEC-34-4. US Highway 34. US Highway 281 and Tech Drive. Wayne Bennett, Public Works Director, reported that the City of Grand Island had entered into an agreement with the State of Nebraska in July, 1993, relative to lighting on Highway 30 at Tech Drive and that Change Order #1, providing for reinstallation of a light pole, removal of a light pole, and pull box, which resulted in a net increase of $824.50. Motion by Preisendorf, second by Wit, carried unanimously to approve. #94-261 - Certificate of Final Completion and Setting Date of Board of Equalization for Water Main District 414T. Gary Mader, Utilities Director, reported that Diamond Engineering had completed the construction work associated with Water Main District #414T, which consisted of a watermain in State Street, North Road to Diers Avenue, and that it was appropriate for the City Council to set the date for the Board of Equalization Hearing to determine the benefits and assessments for the project, and approve the Certificate of Final Completion. Motion by Seifert, second by Kehm, carried unanimously to set the date for Board of Equalization as November 28, 1994. #94-262 - Certificate of Final Completion and Setting Date of Board of Equalization for Water Main District 415T. Gary Mader, Utilities Director, reported that Diamond Engineering had completed the construction work associated with Water Main District #415T, which consisted of a watermain located in 13th Street, between North Road and the large drainage ditch, 1/2 mile east of North Road. Mr. Mader stated 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 and approve the Certificate of Final Completion. Motion by Seifert, second by Kehm, carried unanimously to set the date for the Board of Equalization as November 28, 1994. #94-263 - Budget Amendment for Engineering Services Related to Installation of Water Slide at Lincoln Pool. Steve Paustian, Parks and Recreation Director, reporting that engineering will be required for relocation of the Pier Pool water slide to Lincoln Pool and that the City staff did not have the level of expertise required to perform the engineering in a cost effective manner, and recommended that a budget amendment to provide for the engineering services be approved. I I I Page 7, City Council Regular Meeting, October 24, 1994 Public Works Director Wayne Bennett stated that it would take the Public Works Department more time at greater expense to perform the engineering than it would for someone more experienced in that field. Motion by Seifert, second by Sorensen to direct staff to complete the engineering. After considerable discussion, roll call vote was taken. Hosier, Kehm, Seifert, Sorensen, and Shafer voted aye. Johnson, Wit, Preisendorf, and Murray voted nay. Motion failed. Motion by Johnson, second by Wit, to approve Resolution #94-263 providing a budget amendment for the engineering services. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, and Hoiser voted aye. Kehm, Seifert, Sorensen, and Shafer voted nay. Mayor Dobesh voted in the affirmative, thereby the motion to approve Resolution #94-263 carried. #94-264 - Negotiation Process for Purchase of Fire Station #4. Fire Chief Jim Rowell reported that this Resolution provided the ability to commence negotiation proceedings for purchase of the property at the southeast quadrant of the intersection of 13th Street and North Road for Fire Station #4 and an adjacent park. Motion by Johnson, second by Seifert, carried unanimously to approve. #94-265 - Acceptance of Responsibility for South Locust/I-80 Interchange Project Conservation Easements. Wayne Bennett, Public Works Director, reported that the Public Works Department had received the latest draft of the Grant of Conservation Easement document which outlined the responsibilities for Easement Administration for the conservation easements for I-80/South Locust Interchange. Councilmember Seifert questioned whether the City would be assuming any liability. Keith Sinor, City Attorney, stated that negotiations would have to take place and liability would be addressed at that time. Denny Busick, 3027 Brentwood Place, spoke in support of the Resolution. Motion by Wit, second by Murray, carried unanimously to approve. #94-266 - Island Oasis Water Park Fee Schedule. Steve Paustian, Parks and Recreation Director, reported that inasmuch as the Water Park had enjoyed a positive cash flow last summer, it was recommended that the fee increase adopted by Council on July 25, 1994, effective January 1, 1995, be rescinded and that a senior citizen rate be adopted establishing fees for senior citizens identical to those rates charged to the 15 or younger age group. Mr. Paustian added that additional modification to the rate structure might be recommended prior to next season's operation. Motion by Shafer, second by Seifert, carried unanimously to approve. #94- 267 - Budget Amendment Relative to Library Staff Restructuring. Steve F os selman, Library Director, reported that due to the recent resignation of the Assistant Library Director, a restructuring of staff to better serve the public and provide more effective utilization of the existing staff was proposed. Mr. Fosselman explained that the restructuring would involve the position of Senior Library Assistant being increased from one to three, and an increase of five hours per week for the Administrative Secretary, in lieu of replacing the Assistant Library Director position. Motion by Seifert, second by Kehm, carried unanimously to adopt Resolution #94-267 to revise the Personnel allocation for the Library. #94-268 - Amending 1994 City Council Meeting Schedule. City Clerk Cindy Cartwright reported that on January 24, 1994, the City Council adopted the 1994 Meeting Schedule which I I I Page 8, City Council Regular Meeting, October 24, 1994 provided for the regular City Council Meetings in December to be held on December 5, 1994 and December 19, 1994, and that it was necessary for any revisions to the schedule to be adopted by Resolution as per Ordinance #8012 adopted by the City Council on June 13, 1994. Motion by Kehm, second by Shafer, carried unanimously to approve. 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: #8052 Amending Chapter 17 of City Code Relative to Landfill Rates for Noncompactible Rubble #8053 Amending Chapter 8 of City Code Relative to Subsurface Drainage 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 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, Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, and Shafer voted aye. Motion carried. #8053 - Amending Chapter 8 of City Code Relative to Subsurface Drainage Requirements. Councilmember Johnson and Shafer voiced concerns relative to the recommendation forwarded by the Basement Advisory Committee recommending adoption of a regulation to require the installation of a subsurface drainage system in certain new buildings. It was requested that the Ordinances #8052 and #8053 be read separately on first and final readings. Clerk: Ordinance #8052 on its first reading. All those in favor of the passage, answer roll call. Upon roll call vote, Preisendorf, Wit, Murray, Hoiser, Kehm, Seifert, Sorensen, and Shafer voted aye. Johnson voted nay. Motion carried. Clerk: Ordinance #8052 on its final passage. All those in favor of the passage, answer roll call. Upon roll call vote, Preisendorf, Wit, Murray, Hosier, Kehm, Seifert, Sorensen, and Shafer voted aye. Johnson voted nay. Motion carried. Clerk: Ordinance #8053 on its first reading. All those in favor of the passage, answer roll call. Upon roll call vote, Preisendorf, Murray, and Hoiser voted aye. Johnson abstained. Wit, Kehm, Seifert, Sorensen, and Shafer voted nay. Motion failed. Mayor: By reason of the roll call vote, Ordinance #8052 is hereby declared passed and adopted upon publication as required by law. I I I Page 9, City Council Regular Meeting, October 24, 1994 DISCUSSION ON NON-AGENDA ITEMS: Lewis Kent, 624 East Meves, spoke on the sound system, and questioned why the Fire Station Committee chose the proposed property for Fire Station #4. PAYMENT OF CLAIMS: Motioned by Shafer, second by Preisendorf, carried unanimously to approve the claims in the amount of $2,497.747.58 as presented by the City Clerk. Preisendorf abstained on Claim #023983 and Claim #023997. ADJOURNMENT: The meeting was adjourned at 10:25 p.m. Respectfully submitted, ~,L11~t ~al1~P Cindy K. Cartwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL MEETING November 14, 1994 Pursuant to due call and notice thereof, a Regular Meeting of the City of Grand Island was conducted on November 14, 1994 at City Hall, 100 East First Street. Notice of the meeting was given in the Grand Island Independent on November 9, 1994. A quorum present, Mayor Dobesh called the meeting to order at 7:00 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, and Solt. Shafer was absent. The following City Officials were present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith Sinor, and Public Works Director Wayne Bennett. PLEDGE OF ALLEGIANCE was said, led by Boy Scouts from Troop #117, followed by INVOCATION given by Reverend Tim Anderson, Saint Stephen's Episcopal Church. APPROVAL OF MINUTES: Motion by Sorensen, second by Seifert, carried unanimously to approve the minutes of the Regular City Council Meeting of October 24, 1994, and the City Council Special Meeting of November 7, 1994. PRESENTATION AND PROCLAMATIONS: City Clerk Cindy Cartwright reported that November 13-19, 1994 had been proclaimed American Education Week, and November 20-27, 1994 had been proclaimed National Bible Week. A videotape on the Nebraska Lied Main Street Program was shown. DISCUSSION AND INFORMATION ITEMS: Season Report on Island Oasis Water Park. Dawn Carlson, Recreation Superintendent, presented a detailed financial and numerical analysis of this season's operations at the Island Oasis Water Park. Ms. Carlson reported that the final figures for the Water Park showed a net operating profit of $86,719. Update on Oak Ridge Park Estates Mobile Home Park Schedule of Corrective Measures. Craig Lewis, Building Inspections Director, reported that on December 8, 1993, a Public Hearing on revocation of the mobile home park license held by Mr. Bob Connelly, owner of the Oak Ridge Estates Mobile Home Park, had been held pursuant to Section 21-10 of the City Code provides that if any operator of a mobile home park to whom a permit has been issued continues to violate the ordinances of the city or the laws of the State pertaining to sanitation and public health and welfare after due notice by City officials of such violations, the City Council shall I I I Page 2, City Council Regular Meeting, November 14, 1994 have the right to revoke its permit. Mr. Lewis noted that the Council had adopted a Schedule of Corrective Measures to address the City's concerns and that the Schedule provided for the following corrective measures: 1) by March 31, 1993, electrical, sewer, anchors, debris, mobile home inspections, and register up-to-date listing of owners and tenants to City Building Department; 2) by June 30, 1994, water service, skirting, and eviction on any tenant which has not yet complied with previous corrections; 3) by September 30, 1994, water distribution system be rebuilt and the park electrical distribution system rebuild be complete or abandoned; and 4) by December 31, 1994, the park sewer system rebuild shall be complete, or abandoned, or have verifiable evidence from State of Nebraska Department of Environmental Control as to delay. Mr. Lewis reviewed a detailed report outlining the progress which had been made to date. Extensive discussion was held regarding the condition of the property. Jim Swanson, 2316 West Louise Street, spoke in support of the City enforcing regulations on the property. Jim Sander, 218 North Harrison, spoke on the issue. Bob Connelly, owner, explained the progress being made. City Attorney Keith Sinor noted that the salvage operation being conducted on the property was not within the existing zoning regulations. Councilmember Johnson moved to allow Mr. Connelly two weeks to remove all the abandoned trailers and trailer parts from the premises and to continue with the Schedule of Corrective Measures established by the City Council which provided that all violations be corrected by December 31, 1994. Second by Councilmember Solt. Upon roll call vote, motion carried unanimously. A break was taken from 8: 10 p.m. to 8: 15 p.m. REQUESTS AND REFERRALS: Receipt of Official Documents. Motion by Preisendorf, second by Murray, to receive and place on file the minutes of the Hall County Board of Health Meeting of October 19, 1994; the minutes of the Grand Island Area Solid Waste Agency Meeting of October 24, 1994; the minutes of the Regional Planning Commission Meeting of November 2, 1994; and the minutes of the November 2, 1994 Community Development Advisory Committee Meeting. Upon roll call vote, Preisendorf, Murray, Johnson, Hosier, Kehm, Seifert, and Sorensen voted aye. Solt and Wit were absent at the time the vote was taken. Motion carried. Referral of Application for Land Use Change. Motion by Seifert, second by Kehm, to refer the application of Mr. Rudy Plate, 2608 West Old Fair Road, to rezone the property at 624 North Webb Road and 638 North Webb Road, from "TA" (Transitional Agriculture) Zone to "Bl" (Light Business) Zone, to the Regional Planning Commission for a Public Hearing. Mr. Helm noted the application would be returned to the City Council for a Public Hearing at a later date. Upon roll call vote, Preisendorf, Murray, Johnson, Hosier, Kehm, Seifert, and Sorensen voted aye. Solt and Wit were absent at the time the vote was taken. Motion carried. Revised Community Development Rehabilitation Deferred Loan Program Guidelines. Jerri Garroutte, Community Development Director, reported that the Community Development Advisory Board had proposed amending the Guidelines for the Community Rehabilitation I I I Page 3, City Council Regular Meeting Deferred Loan Program to provide for an increase in the amount of the deferred payment loan to $20,000. Ms. Garroutte noted that the proposed change would allow for an additional $5,000 to be awarded for necessary repairs, with Special Board approval. Motion by Murray, second by Sorensen, carried unanimously to approve. Receipt and Referral of Petition for Street Improvement District, Claude Road. Wayne Bennett, Public Works Director, reported that the Public Works Department had received a petition from several property owners requesting the establishment of a Street Improvement District along Claude Road, from Old Potash Highway to U.S. Highway 30. Mr. Bennett explained that the district was subject to protest by adjacent property owners. Motion by Preisendorf, second by Kehm, carried unanimously to approve. Approval of Appointments. Motion by Preisendorf, second by Kehm, carried unanimously to approve the appointment of Mr. Duane Burns, 3140 Briarwood Boulevard, to the Civil Service Commission, to serve a six-year term, to expire June 1, 2000, and Mr. Steve Rasmussen, 2608 South Cochin Street, to the Downtown Improvement Board to fill the unexpired term of Mr. Ron Von Behren, who has submitted his resignation. It was noted that Mr. Rasmussen's term would expire December 31, 1997. Approval of Pawn Broker's License. City Clerk Cindy Cartwright reported that official approval of the pawn broker's license for South Locust Pawn Shop was needed. Motion by Preisendorf, second by Wit, carried unanimously to add the application to the Agenda as an Emergency Item inasmuch as the License had been issued based on Council acknowledgement and receipt of the application and bond. Councilmember Solt questioned which agency had legal jurisdiction pawn broker regulation violations. City Attorney Keith Sinor reported that the County Attorney would handle any violations. Motion by Preisendorf, second by Wit, to approve the application. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, and Sorensen voted aye. Solt voted nay. Motion carried. RESOLUTIONS: #94-270 - Approving Final Plat and Subdivision Agreement for Cook Subdivision. Nelson Helm, Regional Planning Director, reported that Mr. and Mrs. Fred Cook, owners, had submitted the final plat for Cook Subdivision, a 3.187 acre tract of land located between Husker Highway and U.S. Highway 30, approximately 600 feet east of Monitor Road. Motion by Solt, second by Preisendorf, carried unanimously to approve. #94-271 - Approving Final Plats and Subdivision Agreement for Game Bird Subdivision. Nelson Helm, Regional Planning Director, reported that Mr. John A. Honore, owner, had submitted the final plat for Game Bird Subdivision, a 4.165 acre tract of land located on the north side of Bismark Road, approximately 1/4 mile west of Gunbarrel Road. Motion by Solt, second by Preisendorf, carried unanimously to approve. I I I Page 4, City Council Regular Meeting, November 14, 1994 #94-272 - Approving Final Plat and Subdivision Agreement for Grand Island Mall Ninth Subdivision. Nelson Helm, Regional Planning Director, reported that Grand Island Mall Properties, Ltd., an Iowa Limited Partnership, owner, had submitted the final plat for Grand Island Mall Ninth Subdivision, a 4.859 tract of land located on the north side of State Street, approximately 220 feet east of U.S. Highway 281. Motion by Solt, second by Preisendorf, carried unanimously to approve. #94-273 - Approving Final Plat and Subdivision Agreement for Kieselhorst Subdivision. Nelson Helm, Regional Planning Director, reported that Mr. and Mrs. Jaye Kieselhorst, owners, had submitted the final plat for Kieselhorst Subdivision, a 2.68 acre tract of land located on the north side of Cannon Road, immediately east of Macron Street. Motion by Solt, second by Preisendorf, carried unanimously to approve. #94-274 - Approving Final Plat and Subdivision Agreement for Rainbow Lake Third Subdivision. Nelson Helm, Regional Planning Director, reported that Mr. and Mrs. Rex Otto, owners, had submitted the final plat for Rainbow Lake Third Subdivision, a 7.921 acre tract of land located on the east side of Blaine Street, approximately 3/8 mile south of Husker Highway. Motion by Solt, second by Preisendorf, carried unanimously to approve. #94-275 - Approving Agreement with Union Pacific Railroad. Wayne Bennett, Public Works Director, reported that the Union Pacific Railroad had prepared an Agreement with the City relative to an underground storm sewer line under the tracks, and that this was an extension of an Agreement originally approved in 1963 and authorized a city storm sewer line under the Saint Joseph Branch of the Union Pacific Railroad in the vicinity of where the former beltline tracks crossed the Saint Joseph line. Motion by Solt, second by Seifert, carried unanimously to approve. #94-276 - Approving On Line Access for Risk Management System. Chuck Haase, Finance Director, reported that on July 25, 1994, the City Council approved a contract with Gallagher Bassett Services, Inc. for claims administration fees with respect to the City's insurance coverage, and that this contract required the execution of a license agreement with "Micro-Facs" which provided for on-line computer access to the City's insurance adjusters and information on City of Grand Island files. Motion by Kehm, second by Solt, carried unanimously to approve. #94-277 - Approving Agreement with Luzenac America, Inc., for Use of Property. Wayne Bennett, Public Works Director, reported that the site the City normally used as a snow deposit site was no longer available, but that City staff had negotiated an agreement with Luzenac America, Inc., for use of a portion of their property which is adjacent to and just east of the property used in the past, for a snow deposit site. Mr. Bennett added that the proposed agreement was for a three year period of time and required the City to provide fencing, gates, and a minimum ($350) yearly payment. Councilmember Johnson questioned if drainage would be sufficient. Mr. Bennett stated that drainage was not anticipated to be a problem. Motion by Seifert, second by Preisendorf, carried unanimously to approve. I I I Page 5, City Council Regular Meeting, November 14, 1994 #94-278 - Approving Change Order to Wastewater Treatment Plant Expansion Contract. Wayne Bennett, Public Works Director, explained that the Public Works Department had developed Change Order #4 for the Wastewater Treatment Plant Expansion Project, which provided for 23 changes and clarifications to the specifications. Mr. Bennett added that the net cost of the change order was $15,226 but that a Change Allowance was provided for in the contract in the amount of approximately 3 % of the bid price and the increased cost would be taken from the Change Allowance so that there would not be an increase in the contract amount as a result of this change order. Motion by Solt, second by Sorensen, carried unanimously to approve. #94-279 - Establishing Fee Schedule for Island Oasis Water Park. Steve Paustian, Parks and Recreation Director, reported that this Resolution established those fees adopted by the City Council at the October 24, 1994 City Council Meeting but which were inadvertently omitted from the Resolution. Motion by Preisendorf, second by Wit, carried unanimously to approve. #94-280 - Approvin~ Interlocal Agreement and Appointment to Northwestern Public Service Area Rate Committee. City Attorney Keith Sinor reported that on October 10, 1994, the Northwestern Public Service Company submitted notice to the City of a proposed rate increase, for the rate area of Grand Island, Kearney, North Platte, and AIda. Mr. Sinor explained that the Nebraska Municipal Natural Gas Regulation Act permitted the governing body of participants of Interlocal Agreements to establish natural gas rates through mechanisms which were in conjunction with other municipalities in the same rate area. Mr. Sinor suggested that inasmuch as the Interlocal Agreement provided each municipality the ability to make decisions with regard to expenditure of municipal funds and the establishment of natural gas rates as provided in the Act, an Interlocal Agreement was recommended. Mayor Dobesh recommended the appointment of Councilmember Preisendorf to the Committee, and Councilmember Murray as an alternate. Motion by Wit, second by Solt, carried unanimously to approve. #94-281 - Approving Handicapped Parking Space at Gates School. Wayne Bennett, Public Works Director, reported that Mr. Steve Gleason, Principal of Gates Elementary School, 2700 West Louise Street, had submitted a request for a 30' extension of the on-street handicapped parking on the west side of Ingalls Street, adjacent to Gates School to facilitate the loading and unloading of vans serving the Early Childhood Handicapped Program, and eliminate the need for those vans to load and unload in the middle of the street. Motion by Seifert, second by Kehm, carried unanimously to approve. #94-282 - Approving Master Plan for Island Oasis Water Park. Steve Paustian, Parks and Recreation Director, reported that the engineering firm of Williams Associates Architects of Wheaton, Illinois, and Olsson Associates of Grand Island had completed the work on the proposed Master Plan for the Island Oasis Water Park, and that the revised plan incorporated the direction given by the City Council at several Study Sessions and City Council meetings. Mike Spilinek of Olsson and Associates presented the plan to the City Council. It was noted that the plan was intended to serve as a long range plan illustrating future additions and components and that any initial action would not be a determination as to whether or how to proceed with any Phase I improvements. Councilmember Johnson questioned what size waves the wave I I I Page 6, City Council Regular Meeting, November 14, 1994 generating machine would produce. Councilmember Sorensen questioned whether the plan included a lap swimming area. Mr. Paustian reported that the current lap area would remain. Motion by Seifert, second by Kehm, to approve. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, and Solt voted aye. Sorensen abstained. Motion carried. #94-283 - Awarding Bid for Watthour Meters. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of two types of watthour meters to serve the Utilities Department, Substation Division, and that the low bid for one type of meter was less than $10,000 and could be awarded by purchase order. Ms. Griffiths noted that the second type of meter, 46 Form 12S meter, required Council consideration. Ms. Griffiths explained that the low bidder had requested to withdraw the bid due to a major cost error made by the supplier and that a determination was made by the Legal Department and Purchasing staff to allow the withdrawal, with the understanding that the firm would be on probation for one year relative to this bidding infraction. Ms. Griffiths reported that the next low bid was submitted by Dutton Lainson of Hastings, Nebraska, in the amount of $250.80, each for a total amount of $11,536.80. Motion by Seifert, second by Wit, carried unanimously to award the low bid to Dutton Lainson. #94-284 - Awarding Bid for Padmount Transformers. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of padmount transformers to serve the Utilities Department, Electric Line Division, and that five bids had been received. Ms. Griffiths explained that after evaluation, the lowest bid meeting specifications had been submitted by Kriz Davis of Grand Island for Types 1, 3, 5, and 7 for an actual total bid of $69,425; Husker of Lincoln for Types 2 and 6 for an actual total bid of $52,880; and Dutton Lainson, Hastings, for Type 4 for an actual total bid of $20,496. Motion by Seifert, second by Wit, carried unanimously to award the low bids to Kriz Davis, Husker, and Dutton Lainson. #94-285 - Approving Bookmobile Contract. Steve Fosselman, Library Director, reported that in 1962, Hall County entered into a contract with the City whereby the County would provide library services to the residents of Hall County by permitting access to the library and for bookmobile services throughout Grand Island. Mr. Fosselman explained that a revised five year contract, effective July 1, 1994, had been developed, which provided for the same basic services for a yearly consideration of $51,000 for the first year, with consideration in the amount of 102 % of the consideration of the previous year for each year thereafter, and also provided for the replacement of the current 32 year old bookmobile in 1995. Mr. Fosselman stated that the Library Board had worked diligently to fashion the contract. Motion by Seifert, second by Wit, carried unanimously to approve. #94-286 - Authorizing: Placement of Retired Firefighter on Pension List. Chuck Haase, Finance Director, reported that on October 31, 1994, following denial of the City Council of his request for placement on the retired list as of September 30, 1987, Clarence Fisher had submitted a request with the Finance Department for placement on the pension list effective April 21, 1994, the date at which time Mr. Fisher turned 55. Mr. Haase stated that the City's Fire pension plan I I I Page 7, City Council Regular Meeting, November 14, 1994 provides a benefit of 50% of salary at age 55 with 21 or more years of service, and noted that Mr. Fisher was not waiving any right or claim to pension benefits which may be due and owing, as was normal procedure. Motion by Murray, second by Preisendorf, carried unanimously to approve. #94-287 - Approving Acquisition of Easement. Public Works Director Wayne Bennett reported that in order to provide sanitary sewer to a new development on the west side of Shady Bend Road, north of Seedling Mile Road, the City was interested in acquiring a permanent public utility easement for maintenance purposes, and a temporary easement in connection with the construction of underground public utilities, and that the Hall County Housing Authority was acquiring the easement at no cost to the City. John Brownell, attorney, reported that the agreement would be modified to reflect a sanitary sewer easement in place of the general utility easement. Motion by Solt, second by Wit, carried unanimously to approve. #94-288 - Authorizing Extension of Time for Asphalt Resurfacing: Proiect 94-AC-1. Wayne Bennett, Public Works Director, reported that JIL Asphalt Paving had requested that the City extend the construction date on Asphalt Resurfacing Project 94-AC-l, North Road from Husker Highway to Stolley Park Road, and a portion of Stolley Park Road. Mr. Bennett reported that construction had been delayed due to performance problems with the contractor's asphalt plant and that although the Contractor had purchased a new plant, set up of the plant would not be complete in time to complete resurfacing projects this fall, and JIL was requested that the November 15, 1994 completion date be extended to May 30, 1995. Councilmember Preisendorf questioned liability if the base concrete did not hold up. Motion by Johnson, second by Seifert, carried unanimously to approve. #94-289 - Authorizing: Agreement with Nebraska Department of Roads. Wayne Bennett, Public Works Director, reported that the Nebraska Department of Roads had prepared an Agreement with the City for the Webb Road Improvement Project, providing for improvement of Webb Road between Highway 30 and 13th Street by widening it to five lanes including a center left turn lane. Mr. Bennett stated that the improvements, which consisted of Portland Cement Concrete with curb, gutter, and storm sewer, would markedly increase capacity and reduce congestion in the Highway 2811Webb Road corridor which served the City's major retail area, and that the Agreement stipulated that the cost of the improvements would be shared, with the City paying 20% or $330,230. Mr. Bennett reported that after discussions with the Nebraska Department of Roads, it was believed that the City's share would be greater than the $330,230, however well below the $801,911 provided for in the 1994-1995 Annual Budget. Motion by Solt, second by Johnson, carried unanimously to approve. #94-290 - Authorizing Continuation and Construction of Sanitary Sewer District No. 478. Wayne Bennett, Public Works Director, reported that the City Council had acted on September 12, 1994, to create Sanitary Sewer District #478, for the vicinity of Webb Road and Faidley Avenue. Mr. Bennett noted that funding would be in the form of special assessments to the properties receiving benefits from the improvements and that State law provided for a 30-day protest period, during which owners of property within the District could protest creation of the I I I Page 8, City Council Regular Meeting, November 14, 1994 District. Mr. Bennett stated that the protest period had ended at 5:00 p.m., on Thursday, October 20, 1994, and no protests had been received, and therefore, the District could be certified. Motion by Solt, second by Preisendorf, carried unanimously to approve. #94-291 - Approving Statement of Intent to Accept Park Land from Nebraska Department of Roads. City Administrator Zachary Zoul reported that this item was on the Agenda at the request of Councilmember Seifert and provided for Council support to accept ownership of the 53 acre tract of land known as the Super Cell, at the intersection of Highway 281 and Broadwell A venue for the development of a municipal park. Councilmember Seifert explained that the Nebraska Department of Roads had expressed interest in transferring ownership to the City and noted that funds should be available to help with development. Councilmember Seifert moved to adopt Resolution #94-291 and to also authorize Parks and Recreation Director to take immediate action to begin construction of a boat ramp and handicapped access dock. Councilmember Kehm questioned the estimated cost of development and expected annual maintenance costs. Parks and Recreation Director Steve Paustian noted that the development costs would depend on the land size and configuration, and that maintenance costs would also be depended upon the development. Councilmember Preisendorf spoke in support of the proposal but noted that development of LE Ray Lake Park should also occur. City Administrator Zoul stated that the parks system had been underfunded for several years but that great inroads were being made. Councilmember Solt seconded the motion to adopt Resolution #94-291, and the motion carried unanimously upon roll call vote. City Administrator Zoul recognized the Public Works Director for his leadership in getting the site excavated. DISCUSSION ON NON-AGENDA ITEMS: Mr. Bill Jones, 612 North Illinois Avenue, and Mr. Monte Galvan, 551 East 20th Street, spoke on the need for a storm sewer to replace the section of Capital Avenue Outfall Ditch between the Burlington Northern Railroad and Saint Paul Road. Jim Sander, 218 North Harrison Street, spoke on proposed changes in the TCI invoicing structure and requested that the City send a letter of protest to TCI relative to the actions not being in compliance with the spirit of intent of the agreement. Councilmember Kehm suggested that the Cable Television Advisory Board return to the City Council with a recommendation. Councilmember Wit questioned what additional costs would be incurred by residents who wished to receive Disney. Motion by Solt, second by Sorensen, to add the request of Mr. Sander to the agenda as an Emergency Item. Upon roll call vote, Seifert, Sorensen, and Solt voted aye. Preisendorf, Wit, Murray, Johnson, Hosier, and Kehm voted nay. Motion failed. City Administrator Zoul stated that statistical information on number of basic versus expanded basic customers, and the effect of the change on the subscribers, would be beneficial. PAYMENT OF CLAIMS: Motion by Murray, second by Johnson, carried unanimously to approve the claims in the amount of $2,919,732.36, as presented by the City Clerk. I I I Page 9, City Council Regular Meeting, November 14, 1994 ADJOURNMENT: The meeting was adjourned at 9:53 p.m. Respectfully submitted, /~ij(tlu_ K 0,[Ut hvv~.SVd-' Cindy Kf Ca~right City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL MEETING November 28, 1994 Pursuant to due call and notice thereof, a Regular Meeting of the City of Grand Island was conducted on November 28, 1994 at City Hall, 100 East First Street. Notice of the meeting was given in the Grand Island Independent on November 23, 1994. A quorum present, Mayor Dobesh called the meeting to order at 7:00 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, and Solt. Shafer was absent. The following City Officials were present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith Sinor, and Public Works Director Wayne Bennett. PLEDGE OF ALLEGIANCE was said, followed by the INVOCATION given by City Clerk Cindy Cartwright. APPROVAL OF MINUTES: Motion by Solt, second by Sorensen, carried unanimously to approve, with correction by Councilmember Wit. ADJOURN TO BOARD OF EQUALIZATION: Motion by Johnson, second by Preisendorf, carried unanimously to adjourn to the Board of Equalization to determine benefits for Water Main District 414T and Water Main District 415T. Water Main District 414T. 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 414T, which was established on February 14, 1994 in order to provide improvements in the form of a 12 inch water main to North Road along State Street from North Road to Diers Avenue. Water Main District 415T. 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 415T, which was established on February 14, 1994 in order to provide improvements in the form of a 16 inch water main to North Road along 13th Street, between North Road and the large drainage ditch, 1/2 mile east of North Road. Motion by Murray, second by Seifert, carried unanimously to determine the benefits of Water Main Districts 414T and 415T to be those proposed by the Utilities Department. RETURN TO REGULAR SESSION: Motion by Johnson, second by Murray, carried unanimously to return to Regular Session. I I I Page 2, City Council Regular Meeting, November 28, 1994 #94-BE-006 - Water Main District #414T. Motion by Murray, second by Seifert, carried unanimously to approve #94-BE-006. #94-BE-007 - Water Main District #415T. Motion by Murray, second by Seifert, carried unanimously to approve #94-BE-006. PUBLIC HEARING: Request of Tim Kolar for Renewal of Conditional Use Permit for Sand and Gravel Operation, 514 South Shady Bend Road. Nelson Helm, Regional Planning Director, reported that Mr. Tim Kolar, 514 South Shady Bend Road, had submitted an application for the renewal of a Conditional Use Permit for the establishment of a sand and gravel operation to be located 3/8 mile north of Bismark Road, on the west side of Shady Bend Road. Mr. Helm noted that Mr. Kolar had held a Conditional Use Permit for this use since January, 1994, and that Mr. Kolar was requesting to proceed with the sand and gravel operation, with an expected completion date of two to three years. Mr. Helms explained that a Conditional Use Permit was required inasmuch as sand and gravel operations are only allowed by City Code as a conditional use, approved by the City Council, and recommended that if an extension was allowed, that the use be in conformance with the plan of development as originally submitted and subject to certain conditions: 1) no permanent fill or temporary storage of overburden be placed in the delineated floodway; 2) no batching or asphalt plant be placed on the property; 3) project to be completed within three years from the date of renewal; and 4) finish graded elevation of the area within the delineated floodway shall be no higher at any point than before the project. Tim Kolar was present on behalf of the application. Mrs. Eleanor Monderson, 567 South Shady Bend Road, spoke on the issue, and questioned whether a permit had been issued by the Army Corps of Engineers. Mr. Helm replied that a Permit 404 had been issued by the Army Corps of Engineers approximately one year ago. No further public comment was heard. DISCUSSION AND INFORMATION ITEMS: Presentation on Proposed Affordable Housing Development. Jerenne Garroutte, Community Development Director, reported that proposed construction of an affordable housing project was being planned which would consist of construction of five dwellings units containing two and three bedroom apartments for a total of sixty apartments. Dave Ziska, Olsson and Associates, was present on behalf of the project and reported that the proposed site for the project was approximately 14.20 acres in size, of which 0.26 acres was occupied by public road right-of-way and that the site was bordered by Cherry Street on the west, Stuhr Road on the east, Super Bowl and Bohnart Subdivision to the south and Lutt's First Addition to the north. Mr. Ziska explained that regulations governing the project development set forth the need for receipt of public comments, inasmuch as a portion of the proposed development would be in the flood plains. Councilmember Johnson questioned whether the project would be dependent solely upon Community Development funds. Mr. Ziska replied that the project would be funded privately in conjunction with the Community Development funds. Gene McCormick, 707 South Pleasantview, questioned the grade level and whether basements would be built. Mr. Ziska I I I Page 3, City Council Regular Meeting, November 28, 1994 stated that basements were not planned and that the units would be build in accordance with all regulations. Lewis Kent, 624 East Meves, spoke in opposition to the proposed development citing concerns with street usage and overcrowding of schools. Councilmember Kehm suggested that a Public Hearing be held to solicit additional input. Councilmembers Preisendorf, Solt and Johnson stated that affordable housing projects were generally not popular but that the need for such housing in Grand Island was apparent. Mr. Ziska reminded the Council that the total site was 14.5 acres of which only 1/3 would be affordable housing units. Presentation on FY 1994 Audit. Chuck Haase, Finance Director, and Dave Faimon of McDermott and Miller presented the audited financial statements for FY 1993-1994. Mr. Faimon noted that no material weaknesses were present. Discussion was held on implementing policies for internal controls. Mr. Haase noted that three of the five recommendations suggested in the management letter had been implemented and that the remaining two were being reviewed. Mr. Haase added that a proposed policy relative to internal controls would be presented at a Study Session for Council consideration. Gene McCormick, 707 South Pleasantview, spoke in support of an independent auditor position. Schedule of Corrective Measures on Oak Ridge Estates Mobile Home Park. Craig Lewis, Building Inspections Director, reported that at the November 14, 1994 City Council Meeting, Council reviewed the Schedule of Corrective Measures for Oak Ridge Estates Mobile Home Park and that at that time, direction was provided to Mr. Bob Connelly, owner, relative to a salvage operation and disposition of debris. Mr. Lewis stated that the Building Inspections Department has verified that cleanup had commenced and the salvage operation had ceased. Bob Connelly, 5020 West Highway 30, was present and spoke on the improvements which had been made. Jerry Poels, 5020 West Highway 30, spoke on the lack of progress being made. Vanessa Waters, 5020 West Highway 30, spoke in support of the progress. Councilmember Solt questioned the progress schedule. Mr. Connelly stated that he planned to continue on schedule and in the spring hoped to layout a new court and eventually phase out the old court. 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 Library Board Meeting of October 3, 1994; the minutes of the Downtown Improvement Board Meeting of October 18, 1994; and the minutes of the Animal Advisory Board Meeting of November 9, 1994. Approval of Liquor Manager Designation for Eagles Club. Motion by Kehm, second by Seifert, carried unanimously to approve the application of Mr. Carl A. Rezabek, 216 South Eddy Street, for Liquor Manager Designation in association with the Eagles Club, 213 North Sycamore Street. Approving Request of Tim Kolar for Renewal of Conditional Use Permit at 514 South Shady Bend Road. Motion by Kehm, second by Solt, to approve the request of Mr. Tim Kolar for renewal of a Conditional Use Permit with the requirement that the application be in conformance I I I Page 4, City Council Regular Meeting, November 28, 1994 with the plan of development as originally submitted and contingent upon the following conditions: 1) no permanent fill or temporary storage of overburden be placed in the delineated floodway; 2) no batching or asphalt plant be placed on the property; 3) project to be completed within three years from the date of renewal; and 4) finish graded elevation of the area within the delineated floodway shall be no higher at any point than before the project. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Kehm, Seifert, Sorensen, and Solt voted aye. Hosier was absent at the time the vote was taken. Motion carried. Approving Appointments to Building Code Advisory Board. Motion by Sorensen, second by Seifert to approve the appointments of Mr. Jim Roth, 3604 South Blaine Street; Mr. Marv Webb, 1223 West Eighth Street; and Mr. Richard Willis, 2428 Commerce Avenue to the Building Code Advisory Board for two-year terms, from August 1, 1994 to August 1, 1996. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Kehm, Seifert, Sorensen, and Solt voted aye. Hosier was absent at the time the vote was taken. Motion carried. Approving Appointments to Human Rights Commission. Motion by Kehm, second by Sorensen, to approve the appointments of Ms. Pam Lancaster, 2809 Apache Road, Mr. Russell J. Martinez, 1304 West Second Street, and Mrs. Myong B. Wang of 1625 Coventry Lane to the Human Rights Commission for a second three year term to expire on September 25, 1997. Approving Legislative Delegation to National League of Cities Conference. Motion by Seifert, second by Solt, carried unanimously to approve the Legislative Delegation of Mayor-Elect Ken Gnadt, Councilmember-Elect Mehring, and Councilmembers Murray and Johnson, and City Administrator Zachary Zoul to attend the National League of Cities Conference in Minneapolis, Minnesota on December 1, 1994 - December 5, 1994. Consideration of Request of Mr. Bill Jones for Installation Storm Sewer from Burlington Northern Railroad to Saint Paul Road. Wayne Bennett, Public Works Director, reported that Mr. Bill Jones, 612 North Illinois Avenue, had submitted a request for installation of storm sewer to replace the section of Capital Avenue outfall ditch between the Burlington Northern Railroad and Saint Paul Road. Mr. Bennett reported that the outfall ditch was constructed in 1970 and had been serving the area of Grand Island north of the Union Pacific Railroad for over 20 years, and that it had been determined that placing storm sewer in the ditch and covering it between the Burlington Northern Railroad and Saint Paul Road would require about 1,500 feet of 84" storm sewer and about 18,000 cubic yards of fill dirt and top soil, for an estimated cost of $525,000. Mr. Bennett added that a drainage improvement district could be petitioned in by the abutting property owners, in which case the improvements would be assessed to the adjacent property owners at an estimated assessment of $175 per front foot, or about $11 ,375 for a lot with a 65' frontage. Bill Jones, 1612 North Illinois Avenue, and Monte Galvan, 551 East 20th Street, spoke on the request. Councilmember Kehm moved to table the issue to the next Study Session. Second by Solt. Upon roll call vote, Wit, Murray, Johnson, Hosier, Kehm, Sorensen, and Solt voted aye. Preisendorf and Seifert were absent at the time the vote was taken. I I I Page 5, City Council Regular Meeting, November 28, 1994 RESOLUTIONS: #94-292 - Awarding Bid for Sanitary Sewer District #478. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for Sanitary Sewer District #478 for the Public Works Department, and that one bid had been received in the amount of $68,595.51, submitted by Diamond Engineering of Grand Island. Ms. Griffiths noted the engineer's estimate was $63,577.50, therefore the Public Works Department reviewed the bid and recommended reducing a project line item, relative to asphaltic concrete pavement by 151.2 square yards, which would result in a revised total bid of $62,040.99. Motion by Wit, second by Johnson, carried unanimously to award the bid to Diamond Engineering. #94-293 - Awarding Bid for Generator Rotor Balancing for Burdick Unit 2. Beth Griffiths, Purchasing Director, reported that the Purchasing Division had received bids for Generator Rotor Balancing for Burdick Unit 2, and that two bids had been received in the amounts of $19,860 and $33,700. Ms. Griffiths added that the low bid had been submitted by Magnatek National Electric Coil of Columbus, Ohio in the amount of $19,860. Motion by Wit, second by Johnson, carried unanimously to approve. #94-294 - Awarding Bid for Architectural Services for Phelps Control Center and Service Center. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received proposals for architectural services for the Phelps Control Center and Service Center, and that two proposals had been received, in the amounts of $33,000 and $49,500. Ms. Griffiths stated that the low proposal had been submitted by Victor Aufdemberge Architecture of Grand Island for a not-to-exceed amount of $33,000. Motion by Wit, second by Johnson, carried unanimously to award the bid to Victor Aufdemberge Architecture in a not-to-exceed amount of $33,000. #94-295 - Awarding Bid for Police Package Vehicles. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for twelve (12) 1995 four-door police package vehicles for the Police Department. Ms. Griffiths stated that three bids had been received, ranging from $148,731.04 to $160,054.00, after trade, and that the low bid had been submitted by Hamilton Chevrolet of Grand Island in the amount of $148,731.04. Paul Hamilton, 305 Cherokee, questioned the specifications on the vehicles. Councilmember Solt questioned if leasing vehicles had been considered. Ms. Griffiths stated that she would prepare research on the topic and present at a future Study Session. #94-296 - Awarding Bid for Low Clearance Bumper Structure. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of low clearance bumper structures to serve the Public Works Department, Engineering Division, and that two bids had been received, in the amounts of $20,890 and $24,448. Ms. Griffiths stated that the low bid had been submitted by Kay ton Electric of Holdrege, Nebraska. Motion by Wit, second by Johnson, carried unanimously to award the low bid to Kay ton Electric. I I I Page 6, City Council Regular Meeting, November 28, 1994 #94-297 - A warding Bid for Fire Truck. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of a triple combination pumper to serve the Fire Department and that seven bids had been received, ranging from $115,524 to $148,894. Ms. Griffiths added that an additional bid had been submitted by EDM Equipment, however, the bid could not be read or considered, as the bid security was improperly submitted. Ms. Griffiths explained that the low bid of $115,524 was submitted by Heartland, but was considered non-responsive as it was a used demo unit, and the specifications required new equipment. Ms. Griffiths stated that the next low bid, in the amount of $120,685, had been submitted by Central State Fire Apparatus, dba Begley Fire Apparatus Sales, and met specifications with only minor exceptions which were acceptable to the Fire Department. Motion by Wit, second by Johnson, carried unanimously to award the bid to Central State Fire Apparatus, dba Begley Fire Apparatus Sales, in the amount of $120,685. #94-298 - Awarding Bid for City Entrance Signage. City Clerk Cindy Cartwright reported that on May 24, 1993, the City Council approved the formation of a City Entrance Signage Committee to determine the need for, and subsequent location of, city entrance signage, and that Council approved the design and location in March, 1994. It was reported that bid documents were compiled, in conjunction with a local architectural firm and that after review of the proposed bidding documents and design, three sign companies interested in the project determined that the signage could not be constructed for the budgeted amount of $5,000, and that it was then requested that the three sign companies submit design and build drawings and cost estimates. Councilmember Johnson stated that the designs and cost estimates were provided for Council consideration. Motion by Johnson, second by Seifert, to accept design #2 by Neon Sign. Councilmember Preisendorf questioned maintenance costs. Councilmembers Wit and Solt expressed preference for the design by Tri Cities sign. Gus Patsios, representing Tri Cities Signs, offered information on lighting. Councilmember Solt moved to table the discussion to a Study Session. Second by Seifert. Upon roll call vote, Preisendorf, Wit, Murray, Hosier, Seifert, Sorensen, and Solt voted aye. Kehm and Johnson voted nay. Motion carried. Councilmember Seifert requested staff compile a comparison chart of the proposed signs. #94-299 - Amending 1994-1995 Annual Budget Relative to Restructuring of Governmental Educational Television Division. Howard Maxon, Communications Director, reported that this item provided for an amendment to the Fiscal Year 1994-1995 Annual Budget, specifically a revision to the Governmental Educational Television Division to transfer the responsibilities to the City Clerk's Department. Motion by Solt, second by Kehm, carried unanimously to amend the Fiscal Year 1994-1995 Annual Budget and Program of Municipal Services by changing the Department Summary Supervisor to City Clerk, and by revising the Organizational Charts for the City Clerk's Office and the Communications/Civil Defense Department accordingly. Councilmembers Preisendorf, Johnson, and Wit suggested that Public Radio be used as background music on Channel 13. #94-300 Approving Amendment to the Agreement with CH2M Hill for Professional Services Relative to Wastewater Treatment Plant Expansion. Wayne Bennett, Public Works Director, reported that on March 9, 1992, the City entered into an agreement with CH2M Hill for I I I Page 7, City Council Regular Meeting, November 28, 1994 professional services relative to engineering services for the construction of the Wastewater Treatment Plant Expansion Project, and that three amendments had been previously approved, and now a Fourth Amendment was proposed which would authorize CH2M Hill to proceed with design, and provide services during construction for modifications to the water distribution system in order to insure conformance with recent more stringent backflow prevention requirements. Motion by Kehrn, second by Preisendorf, carried unanimously to approve. #94-301 - Approving Request of Citizens to Return Speed Limit on Blaine Street, between Stagecoach Road and Stolley Park Rod to 35 Miles Per Hour. Motion by Wit, second by Kehrn, to approve the request of citizens to return the speed limit on Blaine Street between Stagecoach Road and Stolley Park Road to 35 miles per hour. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Hosier, Kehrn, Seifert, and Solt voted aye. Sorensen voted nay. Motion carried. 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: #8055 Creation of Street Improvement District #1191, Pleasant View Drive; Dodge Street to Fonner Road Creation of Street Improvement District #1192, Claude Road from Old Potash Highway to US Highway 30 Vacation of Alleyway on north side of Grand Generation Center Amending Chapter 26 of City Code Relative to Plumbers Examining Board #8056 #8057 #8058 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 Seifert seconded the motion. After inviting questions or comments, and there being none, the Mayor called for a roll call vote on the motion. The motion carried unanimously. Clerk: Ordinances #8055, #8056, #8057, #8058 on their first reading. All those in favor of passage, answer roll call. On roll call vote, all voted aye. Motion carried. Clerk: Ordinances #8055, #8056, #8057, #8058 on their final passage. All those in favor of passage of said ordinance on final passage, answer roll call. On roll call vote, all voted aye. Mayor: By reason of the roll call votes on the first and final passage of said ordinances, Ordinances #8055, #8056, #8057, and #8058 are declared to be lawfully passed and adopted upon publication as required by law. I I I Page 8, City Council Regular Meeting, November 28, 1994 PUBLIC DISCUSSION ON NON-AGENDA ITEMS: Lewis Kent, 624 East Meves, spoke on the broadcast of Council meetings. PAYMENT OF CLAIMS: Motion by Solt, second by Wit, carried unanimously to approve the claims in the amount of $960,463.80 as presented by the City Clerk. ADJOURNMENT: The meeting was adjourned at 9:28 p.m. Respectfully submitted, ~ K {1;th1Nl9~ Cindy K. \ca~twr~t, City Clerk I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL MEETING December 5, 1994 Pursuant to due call and notice thereof, a Regular Meeting of the City of Grand Island was conducted on December 5, 1994 at City Hall, 100 East First Street. Notice of the meeting was given in the Grand Island Independent on November 23, 1994. A quorum present, Mayor Dobesh called the meeting to order at 7:00 p.m. The following members were present: Mayor Dobesh, Councilmembers Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt. The following City Officials were present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith Sinor and Public Works Director Wayne Bennett. PLEDGE OF ALLEGIANCE was said, followed by INVOCATION given by Reverend Jim Keyser. APPROVAL OF MINUTES: Motion by Wit, second by Seifert, carried unanimously to approve the minutes of the November 28, 1994 City Council Regular Meeting. I CITY COUNCIL REORGANIZATION: Acceptance of Election Certificate. Motion by Sorensen, second by Seifert, carried unanimously to accept the election certificate for the November 8, 1994 General Election. Comments by Outgoing Officials. Comments were made by outgoing City Officials, Mayor Dobesh and Councilmembers Wit and Shafer. Presentation to Outgoing Officials. Mayor Dobesh, and Councilmembers Wit, and Shafer were recognized for their service to the City and Grand Island community. A brief recess was taken after the presentations. Administration of Oath to Newly Elected Officials. City Clerk Cindy Cartwright administered the Oath of Office to newly elected Mayor Gnadt and Councilmembers Dietrich, Mehring, Murray, Seifert, and Sorensen. I Seating of Newly Elected Officials. The meeting was resumed by Mayor Gnadt. Roll call was taken by the City Clerk. The following members were present: Dietrich, Johnson, Solt, Hosier, Preisendorf, Kehm, Mehring, Seifert, Murray and Sorensen. Comments by Newly Elected Officials. A brief comment was made by Mayor Gnadt. I I I Page 2, City Council Regular Meeting, December 5, 1994 PRESENTATIONS AND PROCLAMATIONS: Mayor Gnadt presented Certificates of Achievement to the three local girls' volleyball teams for their participation in the State V olleyball Tournament. DISCUSSION AND INFORMATION ITEMS: Discussion on Open House/Christmas Tree Lighting Ceremony. City Administrator Zachary Zoul reported on plans for the Open House/Christmas Tree Lighting Ceremony. Discussion on Offering Use of Council Chambers to Hall County Board and Grand Island School Board for Public Meetings. Motion by Seifert, second by Sorensen, carried unanimously to offer the use of the Council Chambers to both the Hall County Board of Supervisors and the School Board inasmuch as this would provide the facilities and sound system for both bodies to videotape their meetings. Discussion on Proposed Regulations Relative to Smoke Detectors. Motion by Seifert, second by Kehm, carried unanimously to direct staff to review the possibility of implementing a City Ordinance to establish regulations requiring all rental properties to have smoke alarms. REQUESTS AND REFERRALS: Election of City Council President. Councilmember Sorensen nominated Councilmember Preisendorf. Councilmember Seifert nominated Councilmember Solt. Councilmember Solt declined the nomination. Councilmember Preisendorf was unanimously elected Council President. Review and Consideration of City Administrator's Employment Contract. Mayor Gnadt stated that he intended to evaluate the performance of the City Administrator for six months as he had stated during the campaign and proposed adoption of Resolution #94-311 establishing termination of contract and appointing Zachary Z. Zoul as City Administrator under the Personnel Rules which provided for a six month review period. Councilmember Johnson moved to adjourn to Executive Session to discuss a personnel matter. Second by Murray. Upon roll call vote, Johnson, Kehm, and Murray voted aye. Preisendorf, Solt, Mehring, Seifert, Sorensen, Hosier, and Dietrich voted nay. Motion failed. Councilmember Johnson moved to adopt Resolution #94-311. Second by Murray. Councilmember Johnson noted that it was the Mayor's prerogative to select the City Administrator and voiced disappointment with how the consideration of termination of the contract had been handled by the Council. Councilmember Murray voiced disappointment that notification of contract termination had not been discussed with the Council and stated that he had hoped the Mayor, Council and Administrator could work together. Councilmember Sorensen called the question. Second by Solt. Upon roll call vote, Dietrich, Hosier, Solt, Preisendorf, Kehm, Mehring, Seifert, and Sorensen voted aye. Murray and Johnson voted nay. Motion to call the question carried. Upon roll call vote on the motion to adopt Resolution #94-311, Johnson voted aye. Dietrich, Hosier, Solt, Preisendorf, Kehm, Mehring, Seifert, Murray and Sorensen voted nay. Motion failed. Motion by Preisendorf, I I I Page 3, City Council Regular Meeting, December 5, 1994 second by Solt to terminate the contract and employment of Zachary Z. Zoul as Administrator effective immediately. Councilmember Seifert called the question, second by Solt. Upon roll call vote, Dietrich, Hosier, Solt, Preisendorf, Kehm, Mehring, Seifert, and Sorensen voted aye. Murray and Johnson voted nay. Motion carried. Councilmember Johnson noted that he would be abstaining on the main motion to terminate the contract of the City Administrator immediately and stated that he would like the minutes to reflect his displeasure with the negative way the situation was handled and the potential for legal liability to the City. Upon roll call vote, Preisendorf, Dietrich, Hosier, Kehm, Mehring, Sorensen, Seifert, and Solt voted aye. Johnson abstained. Murray voted nay. Motion carried. Approving Preliminary Study for Concept Subdivision. Nelson Helm, Regional Planning Commissioner, reported that Concept Fiberglass Homes, Inc., of Grand Island, had submitted a Preliminary Study 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, and that the Subdivision provided for 14 lots, which were within an existing "M2" (Heavy Manufacturing) Zone. Motion by Seifert, second by Sorensen, carried unanimously to approve. RESOLUTIONS: #94-302 - Adopting 1995 City Council Meeting Schedule. Motion by Solt, second by Sorensen, carried unanimously to adopt the proposed 1995 meeting schedule. #94-303 - Approving Final Plat and Subdivision Agreement for Toukan Fourth Subdivision. Nelson Helm, Regional Planning Director, reported that Mr. Michael A. Toukan, of Toukan Enterprises, Inc., Columbus, Ohio, had submitted the final plat for the Toukan Fourth Subdivision, a 5.07 acre tract of land located on the west side of Diers Avenue, approximately 785 feet south of State Street. Mr.Helm noted that the Subdivision provided for the replat of the one-lot Toukan Third Subdivision into three lots. Motion by Seifert, second by Preisendorf, carried unanimously to approve. #94-304 - Approving Final Plat and Subdivision Agreement for O'Connor Second Subdivision. Nelson Helm, Regional Planning Director, reported that Mr. and Mrs. Raymond O'Connor, 422 South Gunbarrel Road, had submitted the final plat for the O'Connor Second Subdivision, a 0.670 acre tract of land located south of Hedde Street, east of Lincoln Avenue. Mr. Helm noted that the Subdivision provided for two lots, one of which was occupied by an apartment building. Motion by Seifert, second by Preisendorf, carried unanimously to approve. #94-305 - Approving Final Plat and Subdivision Agreement for H.O.H.O. Subdivision. Nelson Helm, Regional Planning Director, reported that K.C. Hehnke, Jack O'Hara, Gerald Hehnke, and Patrick O'Hara of Grand Island, had submitted the final plat for the H.O. H.O. Subdivision, a 0.84 acre tract of land located on the east side of Adams Street, immediately north of Hedde Street. Mr. Helm noted that this subdivision consisted of a simple lot split within an existing "R4" (High Density Residential) Zone. Motion by Seifert, second by Preisendorf, carried unanimously to approve. I I I Page 4, City Council Regular Meeting, December 5, 1994 #94-306 - 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 to the Utilities Department, Electric Line Division, and that bids were solicited from five bidders offering pricing for 40', 45' and 50' lengths of wood utility poles. Ms. Griffiths stated that five bids had been received, ranging from $223.50 to $285.59, $272.00 to $345.36, and $324.00 to $397.67 each respectively and that the total low bid in the amount of $49,073.50 was submitted by Larsen Marketing of Lincoln, Nebraska, and the low bid for Type 3 resulted in a total bid of $7,128, which does not require Council review. Motion by Solt, second by Kehm, carried unanimously to award the low bid to Larsen Marketing. #94-307 - Awarding Bid for Luminaires and Miscellaneous Electrical Items. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of luminaires and miscellaneous electric items to serve the Utilities Department, Electric Line and Underground Divisions and that bids were submitted by five vendors offering pricing for 29 line items of luminaires and miscellaneous electrical items. Ms. Griffiths noted that eleven 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 explained that low bids had been submitted for the remaining eighteen electrical items by Kriz Davis of Grand Island in the amount of $36,615.34, plus tax for nine line items and Dutton-Lainson of Hastings in the amount of $10,633.17, plus tax for nine line items. Motion by Solt, second by Kehm, carried unanimously to award the low bids to Kriz Davis in the amount of $36,615.34, plus tax, and Dutton-Lainson in the amount of $10,633.17, plus tax. Councilmember Kehm left the meeting at 8:30 p.m. #94-308 - Approving Agreement with Mr. and Mrs. Vito Ceiauskas, 2211 South Cochin Street, Relative to Provision of Sanitary Sewer. Wayne Bennett, Public Works Director, reported that Mr. and Mrs. Vito Cejauskas, 2211 South Cochin Street, had submitted a request with the Public Works Department for connection to City sewer service at 310 North Piper to serve a new business, "Lil' Cow Pokes." Mr. Bennett noted that sanitary service was needed at the site by January 1, 1995 and that Mr. Cejauskas had agreed to subdivide the property, which would provide the access to sanitary sewer for all lots in the subdivision, however this was a time consuming process. Mr. Bennett explained that allowing Mr. Cejauskas to cross lot lines to connect to the City Sewer would provide the access needed by the January 1, 1995 deadline. Motion by Preisendorf, second by Seifert to approve. Upon roll call vote, Dietrich, Preisendorf, Seifert, Sorensen, Mehring, Murray, Johnson, Hosier, and Solt voted aye. Kehm was absent at the time the vote was taken. Motion carried. #94-309 - Amending IBEW Labor Union Agreement Relative to Shift Differential Pay. Dave Bell, Personnel Director, reported that the City had existing collective bargaining agreements in effect with four labor unions representing five employee units, and that the International Brotherhood of Electrical Workers, Local Union #1597 (I.B.E.W.) represented 97 employees in the Utilities Department. Mr. Bell explained that the proposed amendment to the I.B.E.W. existing three year contract would provide for the addition of a Utility Technician position at I I I Page 5, City Council Regular Meeting, December 5, 1994 paygrade 36, revision with shift differential for those employees who work rotating shifts, and the elimination of Schedule B, which provides a time table implementation of the Andersen pay study. Motion by Solt, second by Seifert to approve. Upon roll call vote, Dietrich, Preisendorf, Seifert, Sorensen, Mehring, Murray, Johnson, Hosier, and Solt voted aye. Kehm was absent at the time the vote was taken. Motion carried. #94-310 - Approving Change Order for Continuous Emission Monitoring Systems Contract for Platte Generating Station. Gary Mader, Utilities Director, reported that the Utilities Department, in conjunction with Black & Veatch, the City's consultant for the Platte Generating Station Continuous Emission Monitoring Systems Project, had developed Change Order #1 for the Continuous Emission Monitoring System contract for the Platte Generating Station. Mr. Mader explained that the Change Order #1 provided for the deletion of PM 1O/0pacity Correlation programming and the addition of precipitator control programming, and that the net reduction of the change order was $5,200. Motion by Seifert, second by Solt to approve. Upon roll call vote, Dietrich, Preisendorf, Seifert, Sorensen, Mehring, Murray, Johnson, Hosier, and Solt voted aye. Kehm was absent at the time the vote was taken. Motion carried. ORDINANCES: Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that the ordinance numbered: #8059 - Approving Salary Ordinance to Amend Grade for Senior Mechanic 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 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, Johnson, Solt, Hosier, Preisendorf, Mehring, Seifert, Murray and Sorensen voted aye. Kehm was absent at the time the vote was taken. Motion carried. Clerk: Ordinance #8059 on its first reading. All those in favor of passage, answer roll call. On roll call vote, Dietrich, Johnson, Solt, Hosier, Preisendorf, Mehring, Seifert, Murray and Sorensen voted aye. Kehm was absent at the time the vote was taken. Motion carried. Clerk: Ordinance #8059 on its final passage. All those in favor of the passage of said ordinance on its final passage answer roll call. Upon roll call vote, Dietrich, Johnson, Solt, Hosier, Preisendorf, Mehring, Seifert, Murray, and Sorensen voted aye. Kehm was absent at the time the vote was taken. Motion carried. I Page 6, City Council Regular Meeting, December 5, 1994 Mayor: By reason of the roll call votes on the first and final passage of said ordinance, Ordinance #8059 is declared to be lawfully passed and adopted upon publication as required by law. Councilmember Kehm returned to the meeting. PUBLIC DISCUSSION OF NON AGENDA ITEMS: Cale Neal, 1809 South Harrison, spoke on the potential liability of the City relative to the termination of the City Administrator. Dick Hartman, Chairman of the County Board, responded to comments made by Mr. Neal. PAYMENT OF CLAIMS: Motion by Sorensen, second by Solt, carried unanimously to approve the claims in the amount of $935,481.48 as presented by the City Clerk. ADJOURNMENT: The meeting was adjourned at 8:50 p.m. I :i;~aE:~~{ City Clerk I I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL STUDY SESSION December 12, 1994 Pursuant to due call and notice thereof, a Study Session of the City of Grand Island was conducted on December 12, 1994 at City Hall, 100 East First Street. Notice of the meeting was given in the Grand Island Independent on November 23, 1994. A quorum present, Mayor Gnadt called the meeting to order at 7:00 p.m.. The following members were present: Dietrich, Johnson, Hoiser, Preisendorf, Mehring, Seifert, Murray, and Sorensen. Solt and Kehm were absent. The following City Officials were present: Acting City Administrator Wayne Bennett, City Clerk Cindy Cartwright, and City Attorney Keith Sinor. DISCUSSION ON PROPOSED REGULATIONS RELATIVE TO SMOKE DETECTORS. Craig Lewis, Building Inspections Director, presented information on proposed regulations relative to smoke detectors. Mr. Lewis noted that there were three areas for discussion on the proposal for smoke detectors in rental dwelling units: number and location, implementation, and enforcement. Mr. Lewis suggested that the implementation date be established to allow for a six months to one year installation period. Councilmember Seifert noted that it was in the best interest of the renters and owners to install detectors as quickly as possible. Michael Hooper, 715 West First Street, questioned the need for smoke detectors if the building had a built in fire sprinkler system. Councilmember Sorensen questioned whose responsibility it would be to provide smoke detectors. Mr. Lewis stated that it was proposed to be the owner's responsibility to provide the smoke detector, and the occupants responsibility to maintain the unit. Gene McCormick, 707 South Pleasantview, questioned the use of battery operated units. Councilmember Mehring questioned the State law relative to requirement when property was transferred or when a permit for remodeling was issued. Mr. Lewis stated that enforcement had not taken place when permits were issued for remodeling such as siding projects. This then was referred to the next Council meeting for action. REVIEW OF CITY ENTRANCE SIGNAGE Discussion was held on the proposed City Entrance Signage designs. Representatives from Mayhew Signs and Neon Signs were present to answer questions. The item was referred to a future Agenda for action. Gene McCormick, 707 South Pleasantview, questioned landscaping. STATUS REPORT ON BACKFLOW PROTECTION PROGRAM. Gary Mader, Utilities Director, provided a status report on the Backflow Protection Program, and the steps which had been taken to advise customers of requirements and time frames for completion. Mr. Mader noted that 47 commercial customers would be in noncompliance as of December 31, 1994 and recommended that the deadline of December 31, 1994, be maintained and that staff be allowed to work with the potential violators. Councilmember Seifert noted that he had received several calls relative to the cost of installation. Councilmember Preisendorf gave information on the process required and time needed to install backflow prevention devices. Dave Janda, 704 West Fourth Street, questioned the process. I I I DISCUSSION ON PROPOSED CITIZEN SURVEY RELATIVE TO INPUT FOR FY 1995- 1996 ANNUAL BUDGET. Councilmember Murray reviewed a proposed citizen survey intended to solicit citizen input relative to the FY 1995-1996 Annual Budget. Mr~ Murray noted that the survey would assist the Council in establishing priorities for the next budget year. Councilmember Johnson spoke in support of the survey. Gene McCormick, 707 South Pleasantview, Glendale Reiss, 910 North Boggs, and Paul Hamilton, 305 Cherokee, spoke on the issue. Councilmember Murray requested that the survey be placed on the next Agenda for action. Gary Wit, 1412 North Lafayette, suggested the survey be published in the newspaper. DISCUSSION ON DECISION MAKING PROCESS FOR CONTRACT TERMINATION OF CITY ADMINISTRATOR. Councilmember Johnson stated that he had placed this item on the agenda to state his opposition to the process which had transpired in the recent contract termination of City Administrator Zachary Zoul. Mr. Johnson voiced concern with the Council's efforts to eliminate discussion from both the Council and the citizens and the possible subsequent liability to the City. Councilmember Murray noted that the action taken by the Council showed arrogance and contempt for a public discussion on the issue and stated his belief that debate was not allowed because the rationale would not stand up to public scrutiny. Mr. Murray added that the Council had acted as prosecutor, judge and jury when deciding the fate of Mr. Zoul. Councilmember Seifert stated that the process had taken place over the last three years and that Councilmembers Johnson and Murray were now in the minority. Councilmember Preisendorf stated that the City Administrator's contract needed to be addressed December 5, and that he had received telephone calls from several Councilmembers relative to the contract but that no secret sessions had been held. Mr. Preisendorf stated that although he believed calling the question was quick, he thought that discussion would have been negative for Mr. Zoul. Mr. Preisendorf stated that Special Investigator Frederick did not give him information that pertained to the criminal investigation but only of things that had happened internally. Councilmember Johnson again voiced his objection to the process which had taken place and stated that he believed the only information which could be used in considering an employee's employment was that information in the personnel file. Councilmember seifert requested that the City Attorney give a public statement on what had happened relative to the term of the contract. Keith Sinor, City Attorney, stated that Council did not fire the City Administrator but that Mr. Zoul's contract had terminated December 5, 1994. Mr. Sinor added that the Mayor had the prerogative to appoint a City Administrator and had forwarded Mr. Zoul's appointment, but that motion failed. Mr. Sinor added that when the appointment of Mr. Zoul was not confirmed, the Mayor appointed an Interim City Administrator. Mr. Sinor added that the issue was one of firing an individual versus reappointment, and stated that if an individual was to be fired, they, as well as the public, were entitled to know the grounds for such action. Mr. Sinor noted that he would have preferred that debate not be limited on Monday night and that the Council had not called the question, but that there were times when the Council might not want to say why they did not approve a certain proposal or appointment. Gary Wit, 1412 North Lafayette Street, stated that on the basis of what transpired relative to the City Administrator's contract he believed Mr. Zoul was fired, and added that although he had been presented a key to the City when his term as Councilmember expired, in view of what had taken place he no longer wished to have the key and at that time, returned it to the City Clerk. Gene McCormick, 707 South Pleasantview, questioned the process for calling the question. Lewis Kent, 624 East Meves, objected to the actions of the Council relative to the termination of Mr. Zoul. Glendale Reiss, 910 North Boggs, spoke in support of the action taken by Council. Mayor Gnadt stated that he had a meeting on the morning of December 5, 1994 with Mr. Zoul and others and that I I I Page 3, City Council Study Session, December 12, 1994 it had been suggested, by someone other than himself, that Mr. Zoul resign. The Mayor added that he really wanted to proceed with the appointment of Mr. Zoul as outlined in the Resolution presented but that the Council clearly had not wanting to do that. DISCUSSION ON REQUEST OF MONFORT, INC. TO PURCHASE PROPERTY BETWEEN THE WASTEWATER TREATMENT PLANT AND MONFORT. Gary Mader, Utilities Director, reported that Monfort had offered to purchase 27 acres of Wastewater Treatment Plant and Monfort in order to expand their existing plant west into land presently used for employee parking. Mr. Mader added that the Electric Utilities had two power lines on the property and that easements would be retained to provide for the continued operation of those lines in the present location. George Zahn, General Manager of Monfort, spoke in support of the request. Councilmember Seifert stated that if the City could help Monfort to grow, it would help all. Councilmember Murray noted that he had been receiving less calls relating to the odor problem. ADJOURNMENT: The meeting was adjourned at 9:22 p.m. Respectfully submitted, Cw~ ~lvwbW- Cindy K. Cartwright City Clerk I I I CITY OF GRAND ISLAND, NEBRASKA OFFICIAL PROCEEDINGS MINUTES OF CITY COUNCIL MEETING December 19, 1994 Pursuant to due call and notice thereof, a Regular Meeting of the City of Grand Island was conducted on December 19, 1994 at City Hall, 100 East First Street. Notice of the meeting was given in the Grand Island Independent on December 14, 1994. A quorum present, Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Dietrich, Johnson, Solt, Hosier, Preisendorf, Kehm, Mehring, Seifert, Murray, and Sorensen. The following City Officials were present: Acting City Administrator Wayne Bennett, City Clerk Cindy Cartwright, and City Attorney Keith Sinor. PLEDGE OF ALLEGIANCE was said followed by INVOCATION given by Pastor Hahle. APPROVAL OF MINUTES: Motion by Seifert, second by Sorensen, carried unanimously to approve the revised minutes of the December 5, 1994 City Council Regular Meeting, and the December 12, 1994 City Council Study Session. PUBLIC HEARING: Land Use Change. Nelson Helm, Regional Planning Director, reported that Mr. Rudolf Plate, 2608 Old Fair Road, had submitted a request to rezone property located at 624 North Webb Road and 638 North Webb Road, from a "TA" (Transitional Agriculture) Zone to a "B1" (Light Business) Zone. Mr. Helm noted that the property was located on the west side of Webb Road, immediately south of Faidley Avenue. Rudy Plate, 2608 West Old Fair Road, was present on behalf of the application. DISCUSSION AND INFORMATION ITEMS: Report on Status of Old City Hall Redevelopment. Dianne Kelley, Downtown Development Director, reported that on January 10, 1994, the City Council had assigned the responsibility for determining the possibilities of reuse for the old City Hall to the Downtown Improvement Board and that as an initial step, in the fall of 1994, a Request for Proposals was sent to over 30 entities who had requested interest in redevelopment of the old City Hall. Ms. Kelley reported that proposals were due on November 1, 1994 but that no responsible proposals for redevelopment were received. Ms. Kelley added that Hanna-Keelan and Associates had submitted a response in conjunction with the Architectural Partnership for conduction of a Master Plan/Feasibility Study. It was reported that at the November monthly meeting of the Downtown Improvement Board, the Board unanimously voted to request that a Task Force, comprised of selected Downtown Improvement Board members, City Councilmembers, Mayor I I I Page 2, City Council Regular Meeting, December 19, 1994 and Acting City Administrator, be appointed to identify priorities, options, and actions to pursue relative to the future usage of the old City Hall. Ms. Kelley reported that Mark McCue, Kurt Haecker, and Vie Aufdemberge had volunteered to serve on the Task Force as representatives of the Downtown Improvement Board, and that Marv Webb had volunteered to serve as an interested citizen. Ms. Kelley added that the Board had suggested the Mayor appoint three Councilmembers to the Task Force. Councilmember Dietrich questioned the County's current level of interest in the facility. Ms. Kelley stated that the most recent communication from the County indicated no interest. Councilmember Seifert stated that it was his belief that the County was interested in the property for possible location of the Health Department. Councilmember Murray moved to establish the Task Force and to authorize the Mayor to make appointment of members. Upon a second by Solt, the motion carried unanimously. Mayor Gnadt forwarded the names of Councilmembers Murray, Solt, and Preisendorf to the Task Force. Motion by Seifert, second by Mehring, carried unanimously to approve. REQUESTS AND REFERRALS: Receipt of Official Documents. Motion by Kehm, second by Preisendorf, carried unanimously to receive and place on file the minutes of the Civil Service Commission Meeting of October 13, 1994, minutes of the Library Board Meeting of November 7, 1994, minutes of the Downtown Improvement Board Meeting of November 22, 1994, and the official bonds for the following City Officials: City Clerk, Mayor, Councilmembers Seifert, Dietrich, Johnson, Mehring, Preisendorf, Hosier, Kehm, Solt, Sorensen, and Murray. Approval of Appointments. Motion by Kehm, second by Seifert, carried unanimously to approve the Electrical Board, Gas Fitters and Appliance Installers Board, Plumbing Board, Basement Advisory Board, and various Council committees. Referral of Six Year Street Improvement Plan to Regional Planning Commission. Bud Buettner, Assistant Public Works Director, reported that State law required that Cities adopt a One and Six Year Street Improvement Plan on an annual basis in order to maintain eligibility to receive State gas tax revenues, and that an updated Plan had been developed by the Public Works Department. Motion by Solt, second by Sorensen, carried unanimously to refer the Plan to the Regional Planning Commission. Request of Capital Liquor. 3357 West Capital Avenue. for Special Designated Liquor Licenses. City Clerk Cindy Cartwright reported that Mr. Jerome Selle, owner of Capital Liquor, 3357 West Capital Avenue, had made application for Special Designated Liquor Permits for December 22, 23, and December 26, 27, 28, and 29, 1994 from 1:00 p.m. to 9:00 p.m. each day, in conjunction with a wine, beer, and/or liquor tasting event. Motion by Kehm, second by Mehring, carried unanimously to approve. Request of Equitable Building and Loan for Exception to Commercial Driveway Policy. Bud Buettner, Assistant Public Works Director, reported that the Public Works Department had received a request from James L. Cannon, Architect, on behalf of Equitable Building and Loan I I I Page 3, City Council Regular Meeting, December 19, 1994 Association, the property owner, for an exception to the City Council policy relative to commercial driveway setback requirements. Mr. Buettner reported that Equitable Building and Loan was proposing to construct a new Automatic Teller Machine drive-up at the corner of First Street and Pine Street and that preliminary plans provided for a driveway that was 20 feet from First Street, rather than the normal requirement of 75 feet. Motion by Sorensen, second by Murray, carried unanimously to approve. Consideration of Claim of Zachary Z. Zoul relative to Termination of Employment. City Attorney Keith Sinor reported that several inaccuracies were listed on the claim submitted by Attorney Jim Truell on behalf of former City Administrator Zachary Zoul. Mr. Sinor recommended to the Council that the matter be set for hearing after the trial relative to the charges filed against Mr. Zoul as a result of the State Patrol investigation, and that a hearing officer be appointed to hear performance concerns. Councilmember Seifert moved to hold a hearing after March of 1995 and to have Councilmember Preisendorf serve as the hearing officer. Second by Sorensen. Councilmembers Preisendorf, Kehm, and Johnson spoke in support of additional hearing officers. Councilmember Seifert amended his motion to reflect only the holding of a hearing after March, 1995. Second by Sorensen. Motion carried unanimously. Appointment of Interim City Administrator. Motion by Sorensen, second by Preisendorf, carried unanimously to appoint Wayne Bennett as the Interim City Administrator. Mayor Gnadt commended Mr. Bennett on the job being done. RESOLUTIONS: #94-312 - Awarding Bid for Miscellaneous Electrical Items. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received bids for the purchase of miscellaneous electrical items to serve the Utilities Department, Electric Line and Underground Divisions, and that bids were submitted by five vendors offering pricing for 30 (thirty) electrical line items. Ms. Griffiths noted that one of the line items could be awarded without City Council action as the total award to each individual bidder was less than $10,000, and that the remaining 29 electrical items were grouped by each of 4 (four) award winning bidders. Motion by Seifert, second by Preisendorf, to award the low bids to Dutton Lainson of Hastings, Nebraska, in the amount of $33,202.23, plus tax; Husker Electric of Lincoln, Nebraska, in the amount of $23,024.36, plus tax; Kriz-Davis Company of Grand Island in the amount of $14,843.50, plus tax; and Wesco of Grand Island in the amount of $15,852.00, plus tax. Upon roll call vote, Dietrich, Johnson, Hosier, Solt, Preisendorf, Kehm, Mehring, Murray, and Sorensen voted aye. Seifert voted nay. Motion carried. #94-313 - Awarding Bid for Police Package Vehicle. Beth Griffiths, Purchasing Agent, reported that the Police Department had been awarded a grant in the amount of $39,676 by the Nebraska Office of Highway Safety relative to a special DUI Enforcement effort, and that the grant monies included reimbursement to the City for 90 % of the cost of a police car. It was recommended that the additional car be purchased from the current State of Nebraska contract in lieu of I I I Page 4, City Council Regular Meeting, December 19, 1994 conducting a separate City bid. Ms. Griffiths noted that purchasing from the State contract met all statutory bidding requirements because the State had already conducted the comprehensive process, and that the 1995 Crown Victoria, including the necessary options, cost $17,050.50 on the State Contract, which was slightly less than a comparable vehicle, prior to trade. It was recommended that the vehicle be purchased from the State of Nebraska 1995 contract holder, H.P. Smith Ford of Omaha, Nebraska, in the amount of $17,050.50. Councilmember Seifert voiced concern relative to purchasing off the State bid. Councilmember Kehm questioned the legal obligations relative to low bid. City Attorney Keith Sinor sated that the City utilized the State bid to save money not only due to the quantity purchasing power of the State, but also City staff time. Councilmember Solt stated that although money was saved by purchasing from the State contract, he did not like to see the City's business going to out of town vendors, and stated he would like to see conditions created whereby local businesses would be able to compete with bigger cities. Don Bauer, 2809 West Koenig, and Gene McCormick, 707 South Pleasantview, spoke on the issue. Motion by Seifert to table the purchase of the police vehicle. Second by Preisendorf. Ms. Griffiths stated that the formal bidding process would need to be utilized since the State bid was already known. Chief of Police Gene Watson spoke on the reasons for purchase by State contract. Councilmember Seifert amended his motion to include approving award of the bid for the Police vehicle off of the State contract. Second by Sorensen. Motion carried unanimously. #94-314 - Awarding Bid for Electric Integrated Resources Plan. Beth Griffiths, Purchasing Agent, reported that the Purchasing Division had received proposals for an Electric Integrated Resources Plan to serve the Utilities Department and that nine proposals had been received. Ms. Griffiths stated that after careful review based upon the established evaluation criteria, the Utilities Department had determined that GDS Associates, Inc. offered the best proposal, and therefore recommended that the contract be awarded to GDS Associates, Inc. of Marietta, Georgia, in the not-to-exceed amount of $175,000. Motion by Seifert, second by Preisendorf, to award the low bid to GDS Associates, Inc. Upon roll call vote, Dietrich, Johnson, Hosier, Solt, Preisendorf, Kehm, Mehring, Murray, and Sorensen voted aye. Seifert voted nay. Motion carried. #94-315 - Awarding Bid for Employee Life Insurance Contract. Chuck Haase, Finance Director, reported that the Finance Department had received proposals for the employees' group life insurance contract and that nine responses were received. Mr. Haase noted that the proposal submitted by Principal Mutual Life Insurance Company, which provided for $30,000 of 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, which was a rate reduction of 32 % allowing a 50% increase in coverage and a 21 % rate reduction for voluntary employee coverage, was determined to be the best proposal and recommended it be accepted, effective February 1, 1995. Motion by Seifert, second by Preisendorf to approve. Upon roll call vote, Dietrich, Johnson, Hosier, Solt, Preisendorf, Kehm, Mehring, Murray, and Sorensen voted aye. Seifert voted nay. Motion carried. I I I Page 5, City Council Regular Meeting, December 19, 1994 #94-316 - Approving Issuance of Budget Input Survey. Councilmember Glen Murray reviewed the purpose of the proposed budget input survey - to help give direction to the City Council when establishing priorities for the next budget year. It was noted that a revised budget input survey had been distributed. Councilmember Murray moved to approve the revised survey and to utilize a private marketing firm for distribution of the survey and compilation of the results. Second by Salt. Motion carried unanimously. #94-317 - Approving Inter-local Agreement Relative to Platte Valley Entervrise Zone. Andy Baird, President of the Grand Island Economic Development Corporation, presented information on a proposed interlocal agreement between the City of Grand Island, Village of AIda, and County of Hall for the purpose of establishing the Platte Valley Enterprise Zone. Mr. Baird noted that Nebraska law permitted two or more public agencies to enter into agreements to form Enterprise Zones to manage, market, coordinate, and mediate enterprise zone activities in areas of distress exhibiting high levels of unemployment, poverty, and property loss, and that the Village of AIda was eligible to apply for State Enterprise Zone status. Mr. Baird added that inasmuch as the Platte Valley Enterprise Zone encompassed an area within the zoning jurisdiction of the City of Grand Island, an Inter-local Cooperative Agreement was required. John Wagoner, 1711 South Harrison, spoke on the issue. Motion by Kehm, second by Seifert, carried unanimously to approve. Councilmember Murray suggested that the City be able to appoint a member to the Board. #94-318 - Approving Foreclosure on Community Development Property at 412 East 9th Street. Jerri Garroutte, Community Development Director, reported that this item had been pulled from the agenda. #94-319 - Authorizing Property Acquisition at 310 East First Street for Community Development Program. Jerri Garroutte, Community Development Director, reported that the Community Development Department sought to acquire an existing residential property located at 310 East First Street owned by the United States Department of Housing and Urban Development, which was offered to the City as a HUD foreclosure. Ms. Garroutte stated that the property was appraised at $16,000 and the City would receive a 10% discount, and that once acquired, the property would be disposed of through the Homestead Program. Motion by Kehm, second by Solt, carried unanimously to approve. ORDINANCES: #8061 - Amending City Code Relative to Regulations Regarding Smoke Detectors. Craig Lewis, Building Inspections Director, reported that the proposed ordinance would require smoke detectors to be installed in all rental dwelling units by an established deadline of June, 1995. Councilmembers Johnson and Mehring voiced concern with the regulations being premature. 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: I I I Page 6, City Council Regular Meeting, December 19, 1994 #8060 Approving Change of Land Use District from Transitional Agriculture Zone to Light Business Zone for Property Located on the west side of Webb Road, immediately south of Faidley Avenue. #8061 Amending City Code Relative to Regulations Regarding Smoke Detectors 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 Murray 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 #8060 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 #8060 on its final passage. All those in favor of the passage of said ordinance on its final passage, answer roll call. Upon roll call vote, all voted aye. Motion carried. Clerk: Ordinance #8061 on its first reading. All those in favor of the passage, answer roll call. Upon roll call vote, Dietrich, Seifert, Solt, Hosier, Murray, and Sorensen voted aye. Preisendorf, Johnson, Kehm, and Mehring voted nay. Motion carried. Clerk: Ordinance #8061 on its final passage. All those in favor of the passage of said ordinance on its final passage, answer roll call vote. Upon roll call vote, Dietrich, Murray, Solt, Hosier, Seifert, and Sorensen voted aye. Preisendorf, Johnson, Kehm, and Mehring voted nay. Motion carried. Mayor: By reason of the roll call votes on the first and final passage of said Ordinances, Ordinances #8060 and #8061 are declared to be lawfully passed and adopted upon publication as required by state law. PUBLIC DISCUSSION OF NON AGENDA ITEMS: Lewis Kent, 624 East Meves Avenue, questioned the City's snow removal policy, and enforcement of unlicensed vehicles. Gary Quandt, 2006 West 11th Avenue, stated that the County needed space and would like the City to consider assisting the County with their space needs. PAYMENT OF CLAIMS: Motion by Kehm, second by Preisendorf, to approve the claims in the amount of $2,692,883.69 as presented by the City Clerk. Upon roll call vote, Dietrich, I I I Page 7, City Council Regular Meeting, December 19, 1994 Murray, Solt, Seifert, Sorensen, Preisendorf, Johnson, Kehm, and Mehring voted aye. Hosier was absent at the time the vote was taken. Motion carried. ADJOURNMENT: The meeting was adjourned at 9:45 p.m. Respectfully submitted, ~K~crvJ- Cindy K. Cartwright City Clerk