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04/12/2016 Minutes— CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEL�TING April 12, 2016 Pursuan[ to due call a�d notice thereof, a Regulac Meeting of the City Council oF Che City of Grand Islaud, Nebraska was conducted in the Council Chambeis of City Hall, 100 East Ficst Street, on April 12, 2016. Notice of the meeting was given in The Grand IsZand badependent on Ap�iL 6, 2016. Mayor Jeremy L. Jensen called the meeCing to order at 7:00 p.m. The following City Council members were present: Mitch Nickerson, Mazk Stelk, Chuck Haase, Julie Hehnke, Lirma Dee Donaldson, Vaugl�n Minton, Roger Steele, and Mike Paulick. The following City Council members were absent: 7eremy Jones and Michelle Fitzke. The following Ciry Officials were p�ese�t: City Admivistcator Maclan Ferguson, Assistant to the Ciry Administcator Nicki Stoltenberg, Pinance Dixector Reuae Grif£tths, Ciry A[torney Jerry Janulewicz, and Public Works Director John Collins. Mayor .iensen inllnduced Community Youth Counci] members Melissa Cuellaz and Reid Bednaz. INVOCATION was given by Reverend Trudy Renyon-Anderson, First FaiU� United Methodist Church, 4190 West Capital Avenue followed by the PLEDGE OF ALLEGIANCE. Mayor Sensen acknowledged that City Clerk RaNae Edwazds was absent and appointed Nick 5toltenberg as City Clerk Pro Tem for purposes of making a rewrd of the proceedings of the Ciry Co�ncil meeting. Mayor 7ensen repor[ed that the following items were removed from the aforementioned pu6lished agenda at the request oFthe Ciry Attorney: #2016-BE-3 - Consideration of Determinin Benefits for Sanita Sewer District No. 535T Ertension of Sanitarv Sewer to Serve Part Lot 1; Voss Subdivision, Lots 1& 2 Windolnh's Subdivision, and PaR NW %a of Section 14-11-9 #2016-BE-4 - Consideration of Determinine Benefits for Sanitarv Sewer Dist. No. 537T, �xtension of Sanitarv Sewer to Serve Lots I& 2, TLST Spiehs Subdivision & Part of ihe Nor[h Ten (t0) Acres ofthe W HalfoftheNW Ouarter (WI/2N4✓]/4) allIn Section 10-I1-9 Public Hearinfz on Request from La Mexicana, Ine. dba La Mexicana Mazket 385 North Pine Street for a Class "D° Liauor License #9580 - Consideration of Assessments for Sanitarv Sewer District No. 535T, Extension of _ Sanitarv Sewer to Serve Part Lot 1; Voss Subdivision. Lots 1& 2 Windolph's Subdivision and PartNW Y<ofSectiont4-11-9 view: PDF 2.4 MB #9581 - Consideration of Assessments for 5anitarv Sewer Dist�ict No. 537T, Extension of Sanitarv Sewer to Serve Lot 1& 2, TLST Spiehs Subdivision and Part of the North Ten (10) Acres ofthe W Half ofthe N4✓ Quarter (Wl/2NW1/4) All In SeeYion 10-I1-9 rae=�. Gry conn � n�s���w m�<�e�s, npd� iz. zoie #2016-90 - Approvine the Reauest from La Mexicana Inc dba La Mexicana Market, 385 North Pine StreeL for a Class "D° Liquor License and Liquor Mana�er Desienation for Veioniea Alvarez, 609 S. Stuhr Road PRESENTATIONS AND PROCLAMATIONS: Proclamarion "Child Abuse PrevenGon Month" Aroril 2016. Mayor Jenson proclaimed the month of April 2016 as "Child Abuse Prevention Month". Yolanda Nuncio was present to xeceive the proclamation. Proclamation "Sexual Assault Awareness Month" Avril 2016. Mayor Jensen proclaimed tbe month of Apxil 2016 as "Sexual Assault Awareness MonSh°. Lex Ann Roach was present to reeeive the pcoclamation. PUBLIC HEARINGS: Public Hearin� on Public Hearine on Reauest from Burtibane, LLC dba Royal Indian Cuisine, 3337 WesY State Street for a Class "C" Liauor License, Assistant to U�e City Administratox Nicki Stoltenberg reported that an applieation for a Class "C" Liquor License had been received from Burtiban, LLC dba Royal Indian Cuisine, 3337 West State StreeY. Ms. Stoltenberg presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the Ciry on Mazch 7, 2016; notice to the geneial public of date, time, and plaee of heazing published on Apri] 2, 2016; notice to the applicant of date, time, and place oF hearing mailed on Mu�ch 7, 2016; along with Chapter 4 of the Ciry Code. Staff'recommended approval contingent upon final inspections and completion oF a state approved alwhol server/seller training program. No public tesAmony was heard. for a Towine/Salva�e Lot located at 4852 and 4820 East CapiYa] Avenue. Building Depaitment Director Craig Lewis reported tt�at Chloe Aguilar was requesling a conditional use pennit to allow for the construction and operation of a vehicle storage and salvage yazd at 4820 & 4852 East Capital Avenue. The legal descxiption of the property is ]oY 1 Landell Sub. and lot 1 Landell 2nd Sub., the lots aze cucrently zoned M-2 Heavy Manufacturing and automobile wrecking and salvage yards aze a listed condirional use within that zoning classification. This applicatia� was iuitiated by a request &om the Ciry to bring the existing Island Towing operarion at 5018 S. Elk Dxive into confoxmance with zoning regulations as it is not zoned for the continued storage oF wrecked orjunk vehicles. Staff recommended approval. Jason Luebbe, 1032 N. Gunbarre] Road, Monte Stelk, 1375 N. Gunbarre] Road and Dan Lau, 2550 N. Gunbazrel Road spoke in opposition of the conditional use permit. Chloe Aguila�, Island Towing, spoke in support of the conditional use permit. No fiarther public tes6mo»y was heazd. Eco�omic Development President Dave Taylor presented the report, which had been wted upon �nge 3,GtyCOUna1lRCSUInrMeetinb Apnll],1016 — to foxwazd to the City Council for its review and acceptance at Cheir March 3, 2016 meeting. Staff recommended approval of repoR. Jeff Vinson, 1527 Stagecoach Road, Chair of the Citizeus Advisory Review Committee, spoke in favor of tihe semi-annual report. Staff rewmmended approval. No public testimony was heazd. ORDINANCES: Councilmember ponaldson moved "that the statutory niles requiring ordinances to be read by title on thcee different days are suspended and that ordinances numbc�ed: #9582 - Consideration of Amending Chapter 23 of the Grand Isluid City Code Relative to the Occupation Tax Oversight Committee. be consideied for passage on She same day upon reading by number only and that the City Clerk bc permitted to call out the number of these ordinances on second reading and then upon final passage and call for a roll call vote on each reading and then upon final passage." Councilmember Nickerson seconded the motion. Upon roll eall vote, all voted aye. Motion adopted. Ciry Attorney Jerry Janulewicz repoRed that the proposed ordinance would establish a five member oversight committee appointed by the mayor with counci] approval. The funetion of the committee would be to advise the public and city officials with cegazd to the eiTy's Food and Beverage Tax imposed upon persons and entities engaging in the business of providing food services, drinking places, or restaurants within the City of Grand Island, confirm ihat the Food and Beverage Tax revenues aze accounied for in the designated special revenue funds and are being expended on eligible projects as provided by city ordinances. Motion by Haase, seconded by Hehnke to approve Ordinance #9582 on first reading. Upon roll call vote, all voted aye. MoUOn adopted. Ciry Clerk Ordinance #9582 on first reading. All those in favor of the passage of this oxdinance on first reading, answer xoll call vote. Upon coll eall vote, all voted aye. Morion adopted. City Clerk: Ordinance #9582 on second and final reading. All those in favor of the passage of this ordinazice on second and final eeading, answer roll call vote. Upon roll call vote, al] voted aye. Motion adopted. Mayor Jensen; By reason of the roll cal] votes on first reading and then upon second and fina] readings, Ordinance #9582 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Resolutlo�s G-ll (#2016-85) and G-13 (#2016-87) were pulled from the agenda for further diswssion. Motion by Paulick, second by Steele to approve the Co�sent Ageuda excluding items G-ll and G-13. Upon roll call vote, all voted aye. Motion adopted. Annrovine Minutes of March 22, 2016 City Council Reeular Meetine. Pvge q Ciry Cmno11 Rcynlar Meetin� Apnl lZ 3016 #2016 77 Aoncovine Bid Awazd - Roeers Reservoir I Interior Paintine with Allen Blastine & CoaUne. Inc. of Burliue[on, Iowa in the amount of $292,813.00. #2016-78 - Auprovina Pu�c6ase of a 2076 Ford F-150 For the Utilities Department, Watec Division (1E90) from tUe State Bid Contract #14365 OC with Anderson A�YO Grouo of Lincoln Nebraska in the amount of $27.763.00. #2016-81 - Aprorovina Hieh Inteusity Drue Traffickine Atea (HIDTAI Grant Fundin¢ in the amount of $54 992.00. #2016-82 - Approvin� Amendment No I to A¢reement for Asset Mana¢ement Implementation Assistance for the Grand Island Wastewater Division to Black & Veatch Corporation of Kansas C�. Missouri in the amowrt of $367,700.00. #2016-83 - Apnrovina Chanee Order No. I for Hall Counry SID No. 2 Sanitarv Sewer I�rovemenES — 2014 to Mvexs Construction Inc of Broken Bow Nebraska in the amount of $47 018.75. #2016-84 - Anoxovine Lette� of Credif Por Emplover's Mutual Casualtv Companv (EMCI Insuxanee Reserve from Corners4one Bank iu the a�nount of $800,000. #2016-85 - Approvina Letter of Credit for Southwest Power Pool, Inc. from Wells Far�o Bank in the amount of $2.000.000. Motion by Haase, seeond by Hehnke to appcove. Upou roll call vote, all voted aye. Motion adopted. #2016-86 - Anoroviue Addendum #1 for 4✓ebsiCe Develooment with Vision Intemet, Santa Monica, California in the amount of $12 000.00. #2016-87—Annrovina Interlocal Aereement with Hall Counri for Public Tra�spori'ation. Gazy Quandt, 609 W 14th Steeet, spoke on behalf of the Hall County Boacd of Supervisoxs. MoCion by Donaldson, sewnd by Haase to approve. Upon roll call vote, all voted aye. Motion adopted. Na6e5,G�y CouncflRe6�����Mw6n& AP���Z 2UIfi REOUEST'S AND REFERRALS: Consideration of Reauest from Chloe Aeuilar for a Conditional Use Permit for a Towioa/Salvaqe Lot located at 4852 and 4820 East Capital Avenue. Building DepazGnent Direceo� Craig Lewis presented this item as it is related to the aforementioned Public Hea�ing. Discussion was held between Council, Mr. Lewis regazding the possibility of placing conditions or restrictions to the permit. There was concem from neighboring property owners and from council cegacding the possibility of contamination. Motion by Donaldson, second by Minton to approve. Motion by Flaase, seeond by Nickerson to amend the motiun to requice vehicles be drained be�Pore entering the property. Upon roll call vote, Councilmembers Steele, Donaldson, Haase, Stelk, Nickerson and Mayor Jensen voted aye. Councilmembers Pauliek, Minton, Hehnke voted no. Motion adopted. Motion by Stelk, second by Haase to add a condition of only "storage", not "salvage" to the motion. Upon roll call vote, Counciimembers Steele, Donaldson, Haase, Stelk, Nickerson and Mayor Jensen voted aye. Councilmembers Paulick Minton, Hehnke voted no. Motion adopted. Upon roll call vote on the mnin motion, Councilmembers Steele, Minton, Donaldson, Hehnke, Haase, SYelk, and Nickerson voted aye. Councilmembec Paulick wted no. Mofion adopted. RESOLUTIONS: ft2016-89 - Consideration of A rovin the Semi-Annual Re ort b the Grand Island Area Economie Development Corporation/Citizens Advisorv Review Committee on t6e Economie Development Program Plan. This item is related to the aforementio�ed Pubtic Heacing. Motion by Stelk, second by Steele to approve 2esolution #2016-89. Upon roll call vote, all vo[ed aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Donaldson, second by Hehnke ro approve the claims for the period of March 23, 2016 through April 12, 2016 for a total amount of $4,900,707.79. Unanimously approved. _ A JOU N E T e�+mee ng was adjoumed at 9:02 p.m. I � I �;` � � �� Nwki Stoltenberg CiTy C(eek Pco Tem