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02/28/2000 Minutes I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING February 28, 2000 Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street. Notice of the meeting was given in the Grand Island Independent on February 23, 2000. Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Larson, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Samuelson, Ward, Sorensen and Murray. The following City Officials were present: City Administrator Marlan Ferguson, City Clerk Cindy Johnson, City Attorney Charlie Cuypers, and Public Works Director Steve Riehle. PLEDGE OF ALLEGIANCE was said, followed by an "It's About Kids!" Asset. RESERVE TIME TO SPEAK ON AGENDA ITEMS: Five individuals reserved time to speak on agenda items. PRESENTATIONS AND PROCLAMATIONS: Chad Nabity, Regional Planning Director, reported that March had been proclaimed Census Month. Cindy Johnson, City Clerk, reported that March 2, 2000 had been proclaimed as Read Across America Day. PUBLIC HEARINGS: Public Hearing on Proposed Economic Development Program. Marlan Ferguson, City Administrator, reported that as discussed at the February 21, 2000 City Council Meeting, in order for Grand Island to continue to grow and prosper, we need to broaden our wealth producing economic base by bringing to our community new employers and helping our existing companies to grow. It was noted that faced with this challenge, it was important that the city work to save the existing job opportunities within the community and secure future additional jobs for Grand Island's residents and that the development of an economic development program provided a mechanism for recruiting businesses to Grand Island and assisting those businesses located in the community who required financial support to expand or remain viable. Mr. Ferguson stated that in order to acquire the needed funds to carryon an economic development program, an affirmative vote of the citizens of Grand Island was needed. Kay Collins, 1003 West Louise Street, Glendale Reiss, 910 North Boggs, Lewis Kent, 624 East Meves, Betty Karle, 4710 Stoneridge Path, John Brownell, 4309 Quail Lane, Tim White, 1709 Rio Grande Circle, John Schultz, 2321 West Oklahoma, Pat Downs, 4127 Manchester Road, Don Jelinek, 2015 West Lamar, and Charles Stracuzzi, 706 Grand Avenue, spoke on the issue. Public Hearing on Request of Nash Finch Company for Change of Location for Class "c" Liquor License. Cindy Johnson, City Clerk, reported that Norman Soland, Secretary, I I I Page 2, City Council Regular Meeting, February 28, 2000 representing Nash Finch Company, dba Grand Island Bottle Shop, had submitted an application with the City Clerk's Office for a Change of Location for Class "C" Liquor License from their old location of 1703 West Second Street to 2211 North Webb Road. Ms. Johnson introduced the following exhibits of the record: Application submitted to the Liquor Control Commission and received by the City on February 8, 2000; Notice to the applicant of date, time, and place of hearing mailed on February 9, 2000; Notice to the general public of date, time, and place of hearing published on February 11, 2000; Chapter 4 of City Code and departmental reports as required by law. The applicant was present. No public testimony was heard. Public Hearing on Request for Renewal of Conditional Use Permit. Craig Lewis, Building Inspections Director, reported that in 1989, City Council approved a Conditional Use Permit for the sand and gravel operation at 3554 West Wildwood Drive and that in 1994, City Council extended this Conditional Use Permit with four 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 regrading of the property shall be provided and all stored material shall be removed and the 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 applicant shall apply for a Flood Plain Development Permit from the Building Department and Regional Planning Commission with the aforementioned conditions. Mr. Lewis noted that Brian and Lori McMahon had purchased this property from Larry Knuth who holds a permit that expires May, 2000 and that Mr. and Mrs. McMahon proposed to construct a house at this site in the future and wished to raise the site elevation of the site for the proposed dwelling. No public testimony was heard. ORDINANCES: Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinance numbered: #8565 - Approving Salary Ordinance Relative to FOP be suspended and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage and call for a roll call vote on each reading and then upon its final passage. Second by Larson. Upon roll call vote, all voted aye. Motion was adopted unanimously. Mayor: Is there anyone in the audience interested in the ordinance? City Clerk: Ordinance #8565 on its first reading. All those in favor of the passage of this Ordinance on its first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #8565 on its final passage. All those in favor of the passage of this Ordinance on its final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. I I I Page 3, City Council Regular Meeting, February 28, 2000 Mayor: By reason of the roll call votes on first reading and then upon its final passage, Ordinance #8565 is declared to be lawfully passed and adopted upon publication as required by law. CONSENT AGENDA: Councilmember Murray requested that item G6 be removed from the Consent Agenda. Councilmember Preisendorf requested that item G4 be removed from the Consent Agenda. Motion by Pielstick, second by Samuelson, carried unanimously to approve the Consent Agenda minus G6 and G4. Receipt of Official Documents Including Minutes of Civil Service Commission Meeting of December 28, 1999. Approving Minutes of City Council Regular Meeting of February 21, 1999. Approving Request of Nash Finch Company, dba Grand Island Bottle Shop, for Change of Location for Class "C" Liquor License. Approving Request of Margie Wilson for Liquor Manager Designation for United Veterans Club, 1914 West Capital Avenue. Approving Request of Darwin Stienike for License Agreement for Continued Placement of Garage in the Alley Way at 1004 West Third Street. #2000-57 - Awarding Bid for Ryder Park Entrance Enhancement Project to Diamond Engineering Company, Grand Island, Nebraska, in the Amount of $16,525.32. #2000-58 - Awarding Bid for Padmount Transformers to WESCO, Sioux City, Iowa, in the Amount of $52,600 Plus Tax. #2000-59 - Awarding Bid for Coal Handling Equipment Building to Chief Industries, Inc., Grand Island, Nebraska, in the Amount of $132,814. #2000-60 - Approving Continuation and Construction of Street Improvement District #1226, Alleyway between Walnut Street and Wheeler Avenue, between Second Street and Third Street. #2000-61 - Approving Continuation and Construction of Street Improvement District #1227, Alleyway Wheeler A venue and Locust Street, between Second Street and Third Street. #2000-62 - Approving Continuation and Construction of Street Improvement District #1228, Alleyway between Locust Street and Pine Street, between Second Street and Third Street. #2000-63 - Approving Continuation and Construction of Street Improvement District #1229, Alleyway between Pine Street .and Sycamore Street, between Second Street and Third Street. I I I Page 4, City Council Regular Meeting, February 28, 2000 #2000-64 - Approving Continuation and Construction of Street Improvement District #1230, Alleyway between Sycamore Street and Kimball Avenue, between Second Street and Third Street. Tabling Appointment of Jon Heath, 2515 Mill River Road, to Regional Planning Commission for a Term to Expire February 28, 20003. Councilmember Preisendorf moved to table the appointment of Mr. Heath. Second by Seifert. Motion to table was adopted unanimously. #2000-56 - Increasing Funding for 2000 "Get Hooked on Fishing, Not Drugs or Alcohol" Fishing Derby. Motion by Whitesides, second by Sorensen to approve the increase in the funding for the Fishing Derby from $700 to $2,000. Councilmember Murray questioned the need for the increased funding. Councilmember Seifert noted that several of the derby's larger financial sponsors had relocated out of Grand Island. Councilmember Whitesides suggested that the City's contribution should match that of the County. Upon roll call vote, Larson, Pielstick, Hosier, Preisendorf, Whitesides, Samuelson, Murray, Ward and Sorensen voted aye. Seifert abstained. Motion adopted. REQUESTS AND REFERRALS: Approving Request of Brian and Lori McMahon for Renewal of Conditional Use Permit. Motion by Sorensen, second by Samuelson to approve the Conditional Use Permit for a five year period with the four 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 regrading of the property shall be provided and all stored material shall be removed and the 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 applicant shall apply for a Flood Plain Development Permit from the Building Department and Regional Planning Commission with the aforementioned conditions. Councilmember Murray questioned whether the Conditional Use Permit was required inasmuch as it appeared that the property owners simply wanted to build a home at this site. Craig Lewis, Building Inspections Director, reported that the owners wanted the option of continuing with the sand and gravel operation but their plans were to construct a home. Motion to approve was adopted unanimously. RESOLUTIONS: #2000-65 - Approving Placement of 1/2 Cent Sales Tax on May Primary Election Ballot. Motion by Seifert, second by Whitesides to approve the placement of the 1/2 Cent Sales Tax issue on the May primary ballot. Councilmember Murray questioned the impact of Legislative Bill #1258 and asked if the funding anticipated for the Economic Development Program was for $1 million or $2 million. Charlie Cuypers, City Attorney, reported that the ballot language was drafted in such a way that if LB1258 was adopted and if the City Council chose through the annual budget process, authorization of $2 million was provided for. Councilmember Murray stated that he was in support of the $1 million level as long as the I I I Page 5, City Council Regular Meeting, February 28, 2000 Council had the ability to set the level. Lewis Kent, 624 East Meves, spoke on the issue. Motion was adopted unanimously. #2000-66 - Approving Placement of Economic Development Program on May Primary Election Ballot. Motion by Seifert, second by Whitesides, carried unanimously to place this issue on the May primary election ballot. #2000-67 - Approving Request for Reduction of Speed Limit on North Road. Steve Riehle, Public Works Director, reported a request had been received from the Northwest Neighborhood Association to amend the speed limit on North Road south of State Street from 50 mph to 40 mph in order to provide consistency with the area north of State Street and that the Public Works Department, Engineering Division, had conducted a speed study and recommended a 45 mph speed limit be set for North Road from 200' south of Cannon/State Street to 13th Street. Motion by Murray, second by Samuelson to approve the reduction in speed limit to 45 miles per hour. Councilmember Seifert noted that the Neighborhood Association had requested the speed limit be set at 40 miles per hour to be consistent on the road and offered a friendly amendment to the motion to reduce the speed limit to 40 miles per hour. Councilmember Murray declined the friendly amendment. Councilmember Ward spoke in support of the reduced speed limit citing the narrow shoulders and the number of runners and walkers on that street. Councilmember Larson spoke in support of consistency of speed limits along the road. Steve Riehle, Public Works Director, stated that signs did not slow people down and that people generally drove at a speed they felt comfortable with, regardless of the posted speed. Mike Yost, 4204 Manchester Road, spoke in support of the 40 miles per hour speed limit. Councilmember Murray stated that drivers would not change their driving habits and that 45 miles per hour was more realistic. Upon roll call vote on the motion to adopt Resolution #2000-67 establishing the speed limit at 45 miles per hour, Samuelson and Murray voted aye. Larson, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Ward and Sorensen voted nay. Motion failed. Motion by Seifert, second by Pielstick to establish the speed limit at 40 miles per hour from Highway 2 to Old Potash Highway. Upon roll call vote, Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Samuelson, Ward, Sorensen and Murray voted aye. Larson voted nay. Motion adopted. ADJOURNMENT: The meeting was adjourned at 8:15 p.m. Respectfully submitted, c~~ City Clerk