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03/27/2000 Minutes I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING March 27,2000 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 March 22, 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, Whitesides, Ward, Samuelson, Murray and Sorensen. Councilmember Preisendorf was absent. 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. RESERVE TIME TO SPEAK ON AGENDA ITEMS: No one reserved time to speak on agenda items. PRESENTATION AND PROCLAMATIONS: Recognition of Central Catholic Boys Basketball State Champions. Mayor Gnadt and the City Council recognized the Grand Island Central Catholic Boys Basketball team and coach for their successful championship season. Presentation by Arts and Humanities Council Relative to Cultural Plan. Leslie Neuhaus, Director of the Grand Island Foundation, presented an update to the City Council on the Community Cultural Plan being developed in conjunction with the Arts and Humanities Council. Ms. Neuhaus requested that a resolution of support be provided by the City Council. Presentation to Shayla Nabity as Rookie Teacher of the Year. Councilmember Seifert introduced Shayla Nabity who had been named as the Rookie Teacher of the Year by the Grand Island Education Association. It was noted that Ms. Nabity taught kindergarten at Wasmer and serves as a Kindergarten Plus teacher at Knickrehm Elementary. BOARD OF EQUALIZATION: Motion by Samuelson, second by Sorensen, carried unanimously to adjourn to the Board of Equalization. #2000-BE-1 - Determining Benefits for Weed Abatement Program, 1999. Paul Mueller, Accounting Manager, 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 and that at this time, it was appropriate to conduct a hearing and determine the benefits and assessments for the mowing of weeds on private property by the City during 1999. Motion by Pielstick, second by Sorensen, carried unanimously to approve. I I I Page 2, City Council Regular Meeting, March 27,2000 RETURN TO REGULAR SESSION: Motion by Murray, second by Samuelson, carried unanimously to Return to Regular Session. PUBLIC HEARINGS: Public Hearing on Acquisition of Utility Easements (Seven) Located East of South Locust Street. Steve Riehle, Public Works Director, reported that acquisition of seven utility easements located east of South Locust Street, from Fonner Park Road to Firethorne Estates Subdivision, was required in order to have access to install, upgrade, maintain, and repair utility appurtenances, including power lines, transformers, sanitary and storm sewers. Mr. Riehle reported that these easements would be used to replace existing easements being vacated. No public testimony was heard. Public Hearing on Request of D.P.H., Inc., dba Harrison's Downtown, for a Class "C" Liquor License. Cindy Johnson, City Clerk, reported that David Bruce Harrison, 1503 Windsor Road, owner, representing D.P.H., Inc., dba Harrison's Downtown, 115 West Third Street, had submitted an application with the City Clerk's Office for a Class "C" Liquor License. Ms. Johnson introduced the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on March 13, 2000; notice to the general public of date, time, and place of hearing published on March 17,2000; notice to the applicant of date, time, and place of hearing mailed on March 16, 2000; chapter 4 of City Code; and departmental reports as required by law. Ms. Johnson noted that inasmuch as the facility was not yet completed, approval of request should be contingent upon final inspections. No public testimony was heard. Public Hearing on Acquisition of Easement at Hidden Lakes Subdivision, #8. Gary Mader, Utilities Director, reported that acquisition of an easement located through a part of Lot 1, Hidden Lakes Subdivision #8, was required in order to have access to install, maintain, and repair public utilities and that easement would be used to place primary cable and a transformer to serve two new homes. No public testimony was heard. Public Hearing on Acquisition of Easement at Hidden Lakes Subdivision, #8. Gary Mader, Utilities Director, reported that acquisition of an easement located through a part of Lot 2, Hidden Lakes Subdivision #8, was required in order to have access to install, maintain, and repair public utilities and that this easement would be used to place primary cable and a transformer to serve two new homes. No public testimony was heard. Public Hearing on Acquisition of Easement in the Alleyway between Second Street and Third Street between Sycamore Street and Kimball Street. Gary Mader, Utilities Director, reported that acquisition of an easement located in the alleyway between Second Street and Third Street between Sycamore Street and Kimball Street, was required in order to have access to install, maintain, and repair public utilities and that this easement would be used to locate underground lines as part of the Downtown Project. No public testimony was heard. Public Hearing on Acquisition of Easement in the Alleyway between Second Street and Third Street East of Sycamore Street. Gary Mader, Utilities Director, reported that acquisition of an easement located in the alleyway between Second Street and Third Street east of Sycamore Street, was required in order to have access to install, maintain, and repair public utilities and I I I Page 3, City Council Regular Meeting, March 27,2000 that this easement would be used to locate underground electrical lines as part of the Downtown Project. No public testimony was heard. Public Hearing on Proposed Amendment to FY 1999-2000 Annual Budget. Paul Mueller, Accounting Manager, reported that as discussed at the City Council Study Session of March 20, 2000, a number of amendments to the Fiscal Year 1999-2000 Annual Budget were proposed to reflect the actual and projected costs associated with various projects and activities that differ from that anticipated in the original document. Mr. Mueller stated that the revisions did not increase the total appropriations, but did transfer operating activity between departments. It was noted that this amendment provided for the purchase of a new ambulance, installation of a security system and to provide utility services at the new impound building for the Police Department, ball field lighting at Ashley Park and Pier Park, repair of the transmitter for Channel 56 of GITV, and to provide for the purchase of four new cameras for the council chambers and that the budget amendment reallocated appropriation of $139,000 within the special revenue funds for the purpose of sanitary sewer and water distribution for the Lincoln View Estates Subdivision, and unanticipated extraordinary expenses related to Parking District #2 and provided appropriation of $1,285,530 within the debt service funds for the 1999 South Locust BAN, and $50,000 in appropriation for the completion of the St. Joseph Hike/Bike Trail. No public testimony was heard. ORDINANCES: Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title On three different days be suspended and that ordinances numbered: #8570 - Amendment to City Code, Chapter 32, Relative to License Agreement Application Process #8571 - Approving Vacation of Easements Located East of South Locust Street, From Fonner Park Road to Firethorne Estates Subdivision #8572 - Approving Vacation of Easements Located East of South Locust Street, From Fonner Park Road to Firethorne Estates Subdivision #8573 - Approving Vacation of Easements Located East of South Locust Street, From Fonner Park Road to Firethorne Estates Subdivision #8574 - Approving Vacation of Easements Located East of South Locust Street, From Fonner Park Road to Firethorne Estates Subdivision #8575 - Approving Vacation of Easements Located East of South Locust Street, From Fonner Park Road to Firethorne Estates Subdivision #8576 - Approving Vacation of Easements Located East of South Locust Street, From Fonner Park Road to Firethorne Estates Subdivision #8577 - Approving Vacation of Easements Located East of South Locust Street, From Fonner Park Road to Firethorne Estates Subdivision #8578 - Approving Vacation of Easements Located East of South Locust Street, From Fonner Park Road to Firethorne Estates Subdivision #8579 - Approving Vacation of Easements Located East of South Locust Street, From Fonner Park Road to Firethorne Estates Subdivision #8580- Approving Assessments for 1999 Weed Abatement Program I I I Page 4, City Council Regular Meeting, March 27, 2000 be considered for passage on same day on first reading and then upon final passage and call for a roll call vote on each reading and then upon final passage. Second by Seifert. Motion was adopted unanimously. Mayor: Is there anyone in the audience interested in any of these ordinances? There were no comments. City Clerk: Ordinances #8571, #8572, #8573,#8574, #8575, #8576, #8577, #8578, #8579, and #8580 on their first reading. All those in favor of the passage of these ordinances on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinances #8571, #8572, #8573,#8574, #8575, #8576, #8577, #8578, #8579, and #8580 on their final passage. All those in favor of the passage of these ordinances on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor: By reason of the roll call votes on the first reading and then upon final passage, Ordinances #8571, #8572, #8573, #8574, #8575, #8576, #8577, #8578, #8579 and #8580 are declared to be lawfully passed and adopted upon publication as required by law. CONSENT AGENDA: Councilmember Murray asked that item G12 be removed from the Consent Agenda. Motion by Pielstick, second by Seifert, carried unanimously to approve the Consent Agenda. Receipt of Official Documents Including Zoning Board of Adjustment Minutes of January 11, 2000. Approving Minutes of March 13, 2000 City Council Regular Meeting and March 20, 2000 City Council Study Session. Approving Request of Schneider Concessions for Vendor's Permit for Use of City Streets. Approving Request of Island Ice Cream for Vendor's Permit for Use of City Streets. Approving Request of D.P.H., Inc., dba Harrison's Downtown, 115 West Third Street, for Class "C" Liquor License and Request of David Harrison for Liquor Manager Designation. Approving Appointment of Kirk Moural to Downtown Improvement Board for a Term to Expire December 31, 2003. Approving Request of Riverside Motors, 2502 West Lincoln Highway, for Variance to Regulations Relative to Driveway Curb Cut. #2000-89 - Awarding Bid for Computer Hardware, Police Department, to GE Capital Under State Contract in the Amount of $71,429.20. #2000-90 - Awarding Bid for 911 Communications Center Staffing and Efficiency Study to Pacific Consulting Services, Bremerton, Washington, in an amount not to exceed $16,000. I I I Page 5, City Council Regular Meeting, March 27, 2000 #2000-91 - Awarding Bid for Utility Vehicle for Park Maintenance Division to Big Bear Equipment Co., Omaha, Nebraska in the amount of $10,829, after trade in. #2000-92 - A warding Bid for Compost Site Liner to Hooker Brothers Construction Company, Grand Island, Nebraska, in the Amount of $35,00. #2000-93 - A warding Bid for 4 Wheel Drive Lawnmowers for Parks and Recreation Department, Maintenance Division to Big Bear Equipment Co., Omaha, Nebraska in the Amount of $26,892, After Trade In. #2000-94 - Approving Acquisition of Utility Easement for Property Near South Locust Street, From Fonner Park Road to Firethorne Estates Subdivision. #2000-95 - Approving Acquisition of Utility Easement at Hidden Lakes Subdivision, #8, Lot One. #2000-96 - Approving Acquisition of Utility Easement at Hidden Lakes Subdivision, #8, Lot Two. #2000-97 - Approving Acquisition of Utility Easement in the Alleyway between Second Street and Third Street between Sycamore Street and Kimball Street. Councilmember Pielstick voted against the acquisition. #2000-98 - Approving Acquisition of Utility Easement in Alleyway between Second Street and Third Street East of Sycamore Street. Councilmember Pielstick voted against the acquisition. #2000-99 - Approving Amendment to User Fee Schedule. #2000-100 - Approving Subordination Agreement for Property Located at 806 East 14th Street, Ira and Lorraine Simons. #2000-101 - Approving Budget Amendment to 1999-2000 Annual Budget. #2000-103 - Approving Declaration of Emergency for Procurement Processes for Turbine Diaphragm Repair and Award of Bid to Hickham Industries, LaPorte, Texas in the Amount of $40,340, Plus Tax and Freight. #2000-104 - Approving Declaration of Emergency for Procurement Processes for Turbine Rotor Blades Purchase to Preco Turbine and Compressor, Houston, Texas, in the Amount of $40,000, Plus Tax and Freight. #2000-102 - Approving Request for Parallel Parking on South Front Street. Steve Riehle, Public Works Director, reported that the Downtown Development Department, in conjunction with the Public Works Department, and as a result of the Downtown Study, had suggested that parallel parking be permitted on the south side of South Front Street from the east side of Walnut Street to the west side of the driveway into the Post Office Drop Box, and between Locust Street and Pine Street. Mr. Riehle noted that this parking modification would provide additional parking for employees and customers of the post office and surrounding businesses. Motion by Samuelson, second by Larson to approve. Councilmember Murray questioned how I I I Page 6, City Council Regular Meeting, March 27,2000 many additional parking spaces would result from this change. Mr. Riehle stated that it was approximately 9 and that it would be two hour parking that easily added onto the existing parking lot. Councilmember Samuelson noted that angle parking had been recommended by the Downtown consultant, Marty Shukert. Mr. Riehle stated that it was also suggested that the median be removed but that this was the first step. Councilmember Murray noted that the proposed additional spaces were distant from the stores and that he had noticed a fair amount of congestion going to and from the Post Office. Councilmember Whitesides stated that the additional parking may provide relief to those using the Post Office. Julio Ibarro, 123 Voss Road, spoke in support of the proposal. Roll call vote was taken on motion to approve. Upon roll call vote, Larson, Hosier, Seifert, Whitesides, Ward, Samuelson, and Sorensen voted aye. Pielstick and Murray voted nay. Motion adopted. REQUESTS AND REFERRALS: Amending Policy Relative to Driveway Setback Requirements. Steve Riehle, Public Works Director, reported that in January, 1985, the City Council adopted a Policy relative to driveway setback regulations that provided that exceptions to the policy requiring 75' driveway setbacks, be approved by the City Council. Mr. Riehle stated that it in conjunction with the City Code changes relating to License Agreements, it was also appropriate to consider modifying the driveway regulations. Motion by Seifert, second by Larson, carried unanimously to approve. RESOLUTIONS: #2000-105 - Authorizing Improvements at Racquet Center. Marian Ferguson, City Administrator, reported that at the City Council Meeting of August 4, 1997, the City approved Resolution #97-215 providing a lease of the City's Racquet Center to Scott and Lisa Norton and that as discussed in the City Administrator's weekly report dated March 10, 2000, a request had been received from Scott and Lisa Norton, lessees, to modify the surface of the west tennis court of the Racquet Center. It was noted that this change would make the facility suitable for indoor soccer as well as continued tennis use and that the improvements would be made at no cost to the City. Mr. Ferguson added that the Legal Department had reviewed the Lease Agreement and reported that Paragraph VI, allowed the lessees to enhance the current facilities and attempt to increase utilization by allowing other activities. Motion by Sorensen, second by Seifert, carried unanimously to approve. PA YMENT OF CLAIMS: Motion by Samuelson, second by Whitesides, carried unanimously to approve the Claims for the period of March 14, 2000 through March 27, 2000, claims #88861 through #89381. Councilmember Pielstick abstained from voting on Claim #089173. Councilmember Whitesides abstained from voting on Claim #088878. ADJOURNMENT: The meeting was adjourned at 7:40 p.m. Respectfully submitted,