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05/23/2000 Minutes I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING May 23,2000 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, Grand Island, Nebraska. Notice of the meeting was given in the Grand Island Independent on May 17, 2000. Mayor Gnadt called the meeting to order at 7 p.m. The following members were present: Mayor Gnadt, Councilmembers Larson, Pielstick, Hosier, Preisendorf, Seifert, Whitesides, Ward, Samuelson, Murray and Sorensen. The following City Officials were present: City Administrator MarIan Ferguson, City Clerk Cindy Johnson, Public Works Director Steve Riehle, Interim Finance Director Larry Fox, and City Attorney Charlie Cuypers. PLEDGE OF ALLEGIANCE was said. RESERVE TIME TO SPEAK ON AGENDA ITEMS: Six individuals reserved time to speak on agenda items. PRESENTATIONS AND PROCLAMATONS: Update on the Operations of the Central Nebraska Regional Airport. Bill Stovall, Airport Manager, provided the Council with an update on the operations of the Central Nebraska Regional Airport and noted that the Airport was working to be one of forty communities across the nation that would have a consolidated airport. Mr. Stovall reviewed the plans for the new runway, terminal building and cargo area. Councilmember Sorensen questioned if Kearney's air service usage was up. Mr. Stovall responded that Kearney's service was up and that Kearney had received some incentive dollars. Recognition of Wastewater Division Employees. Mayor Ken Gnadt and the City Council recognized the efforts of the Wastewater Treatment Plant employees for their quick response to the failure of the pumps in lift station 19 located at Capital A venue and Diers A venue. Steve Riehle, Public Works Director, reported that the employees had worked long hours in unsanitary conditions to get the lift station up and running and that without their efforts and dedication, thousands of Grand Island residents could have been severely impacted with the potential for raw sewage to back up into basements. Introduction of Wittenberg University Interns and Professor. Mayor Gnadt introduced Dr. Rob Baker who organized the internship program. PUBLIC HEARINGS: Public Hearing on Acquisition of Utility Easement Located East of Eddy Street Between Oklahoma A venue and Anna Street. Gary Mader, Utilities Director, reported that acquisition of a utility easement located east of Eddy Street between Oklahoma A venue and Anna Street I I I Page 2, City Council Regular Meeting, May 23, 2000 was required in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers and that this easement would be used to locate a new pad-mount transformer for expansion at Rinder Printing. Public Hearing on Acquisition of Utility Easement Located North of Old US Highway 30 and East of Webb Road. Gary Mader, Utilities Director, reported that acquisition of a utility easement located north of Old US Highway 30 and east of Webb Road was required in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers and that this easement would be used for underground electrical service and a new pad-mount transformer to serve Pacific Plaza. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located in Alleyway between 6th Street and 5th Street and Directly to the West of Cedar Street. Gary Mader, Utilities Director, reported that acquisition of a utility easement located in alleyway between 6th Street and 5th Street and directly to the west of Cedar Street was required in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers and that this easement would be used to remove overhead power lines and to locate a new pad-mount transformer for Trinity United Methodist Church. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located South of Stolley Park Road, Just South of Fonner Park, West of Stuhr Road. Gary Mader, Utilities Director, reported that acquisition of a utility easement located south of Stolley Park Road, just south of Fonner Park and west of Stuhr Road was required in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers and that this easement would be used for new underground primary cable and pad-mounted transformer to serve expanding veterinary facilities of Dr. Brunk. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located North of 13th Street Between Mansfield and Engleman Road. Gary Mader, Utilities Director, reported that acquisition of a utility easement located north of 13th Street between Mansfield and Engleman Road was required in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers and that this easement would be used for primary underground cable and a pad-mounted transformer to serve the new facilities of Third City Christian Church. No public testimony was heard. Public Hearing on Acquisition of Eight Acres of Property for Public Park Located 300' East of North Road and North of Hampton Road. Charlie Cuypers, City Attorney, reported that acquisition of eight acres of property located 300' east of North Road and north of Hampton Road was requested to develop a public park and that access to the park would be via Avon Avenue. Mr. Cuypers noted that the property was currently owned by Bonnard H. & Mary V. Blair who have agreed to sell the property to the City of Grand Island for use as a park for a purchase price of $6,500 per acre for a total of $52,000. It was noted that the Southwest Neighborhood Association had submitted a letter supporting the addition of the park to the southwest area of Grand Island and that some area residents had suggested that an alternate entrance, one off of North Road, be considered but that this option would increase the land and construction costs by $30,000. Frank Meister, 4057 Palace Drive, spoke in support of the proposed park and suggested that there be two entrances to the park, one off Avon Road and one off North Road. No additional public testimony was heard. I I I Page 3, City Council Regular Meeting, May 23, 2000 Public Hearing on Acquisition of Multi Purpose Recreational Facility Lands and Hike/Bike Trails at the Former Cornhusker Army Ammunition Plant. Charlie Cuypers, City Attorney, reported that acquisition of lands at the former Cornhusker Army Ammunition Plant was requested to create a Multi Purpose Recreational Facility Lands and Hike/Bike Trails and that the property was held by the US Army Corp of Engineers. Mr. Cuypers stated that the lands involved in the transaction included approximately 412.5 acres in tracts 59 and 63 and an additional 120 acres in hike/bike trails and that the purchase price was $400,000 with $250,000 being provided by local foundations and trusts and the City's share was $150,000 and was required in order to meet the conditions of the Environmental Impact Statement for the South Locust/I -80 Interchange Project. Mr. Cuypers explained that the land would be used for the Grand Island Skeet and Sporting Clays Club, law enforcement agencies, and a wider range of recreational uses. No public testimony was heard. Public Hearing on Request of Bret and Deb Baxter, 3767 South Monitor Road, for a Conditional Use Permit for Construction of a Commercial Building for Use as a Horse Academy, Riding Arena. Craig Lewis, Building Inspections Director, reported that Bret and Deb Baxter, 3767 South Monitor Road, had submitted a request for a Conditional Use Permit to allow for the construction of a commercial building for the use as a Horse Academy, Riding Arena on a tract of land located immediately west of Monitor Road and north of Schimmer Drive. No public testimony was heard. Public Hearing on Request of Shirley and Robert Dembowski, dba Ski's Bar and Grill, 3311 West Stolley Park Road, for Class "c" Liquor License. City Clerk, Cindy Johnson, reported that Shirley and Robert Dembowski dba Ski's Bar and Grill, 3311 West Stolley Park Road, 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 May 11, 2000; notice to the applicant of date, time, and place of hearing mailed on May 11, 2000; notice to the general public of date, time, and place of hearing on May 12, 2000; Chapter 4 of City Code; and Departmental reports as required by Code. No public testimony was heard. Public Hearing on Proposed Use for Local Law Enforcement Block Grant Funds. Kyle Hetrick, Police Chief, reported that in 1996, the City Council created the Local Law Enforcement Block Grant Committee to write, review and submit, to the City Council non- binding recommendations on the use of law enforcement block grants administered by the Bureau of Justice and that the Grand Island Police Department received funds in 1999 through the Block Grant Program. Mr. Hetrick stated that the Local Law Enforcement Block Grant Committee recommended that $20,200 of the grant funds be utilized for refurbishment of the physical exercise room, additional police bicycles, tactical vests for emergency response team, suspension system for communication, safety equipment for motor officers, and honor guard uniform updates. 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: #8590 - Amending Chapter 37 of City Code Relative to Adoption of Revised Schedule for Backflow Protection Implementation Dates for Residential Customers #8591 - Enaction of Ordinance Relative to Adoption of 1997 Building Code I I I Page 4, City Council Regular Meeting, May 23,2000 #8592 - Enaction of Ordinance Relative to Implementation of City Hotel/Motel Occupation Tax for Fonner Park Exposition and Events Center, Inc. #8593 - Enaction of Ordinance Considering Amendment to Salary Ordinance Relative to Community Projects Director Position be considered for adoption on the same day upon reading by number only and that the City Clerk be permitted to call out the number of the ordinances on their first reading and then upon final passage. Councilmember Seifert seconded the motion. Upon roll call vote, all voted aye. Motion was adopted unanimously. Mayor: Is anyone in the audience interested in any of the ordinances? Kay Collins, 1003 West Louise, and Lewis Kent, 624 East Meves, spoke. Glendale Reiss, 910 North Boggs, withdrew his request to speak. Mike Johnson, attorney representing Fonner Park, reiterated the proposed plan for construction of the facility. Clerk: Ordinances #8591, #8592, and #8593 on their first reading. All those in favor of the passage of these ordinances on first reading, answer roll call vote. All voted aye. Motion adopted unanimously. Clerk: Ordinances #8591, #8592, and #8593 on its 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 unanimously. Mayor: By reason of the roll call vote on the first reading and then upon their final passage, Ordinances #8591, #8592, and #8593 are declared #8590 - Amending Chapter 37 of City Code Relative to Adoption of Revised Schedule for Backflow Protection Implementation Dates for Residential Customers. Councilmember Seifert requested that Gary Mader clarify the issues relative to funding for the backflow program. Gary Mader, Utilities Director, reported on the work of the subcommittee relative to the backflow program and noted that the City Council had approved the Resolution providing for these project implementation dates. Clerk: Ordinance #8590 on its first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Larson, Ward, Samuelson and Murray voted aye. Preisendorf abstained. Pielstick, Hosier, Seifert, Whitesides, and Sorensen voted nay. Motion failed. CONSENT AGENDA: Councilmember Pielstick requested that item G-3 be removed from the Consent Agenda. Councilmember Whitesides requested that item G-4 be removed from the Consent Agenda. Councilmember Seifert moved to approve. Second by Samuelson. Motion adopted unanimously. Receipt of Official Documents, including Minutes of the Civil Service Commission Meeting of February 29, 2000. Approving Minutes of the May 8, 2000 City Council Regular Meeting and the May 16, 2000 City Council Study Session. Councilmember Preisendorf abstained from voting on the May 8, 2000 Minutes. I I I Page 5, City Council Regular Meeting, May 23,2000 Approving Request of Ski's Bar and Grill, 3311 West Stolley Park Road, for Class "COO Liquor License. Approving Request of Mr. Dewayne Curtis for Liquor Manager Designation for Valentino's of Grand Island, 2245 North Webb Road. Approving Request of Bret and Deb Baxter, 3767 South Monitor Road, for Conditional Use Permit for Construction of a Commercial Building for Use as a Horse Academy, Riding Arena on a tract of land located immediately west of Monitor Road and North of Schimmer Drive. #2000-150 - Approving Agreement with American Red Cross Relative to Swim Lessons. #2000-151 - Marketing Agreement with NPPD. #2000-152 - Approving Acquisition of Utility Easement East of Eddy Street Between Oklahoma A venue and Anna Street. #2000-153 - Approving Acquisition of Utility Easement North of Old US Highway 30 and East of Webb Road. #2000-154 - Approving Acquisition of Utility Easement in Alleyway Between 6th Street and 5th Street and Directly to the West of Cedar Street. #2000-155 - Approving Acquisition of Utility Easement South of Stolley Park Road, Just South of Fonner Park and West of Stuhr Road. #2000-156 - Approving Acquisition of Utility Easement North of 13th Street Between Mansfield and Engleman Road. #2000-157 - Approving Modification to Handicapped Parking Area at Newell Elementary School, 2700 West 13th Street. #2000-158 - Approving Use of Local Law Enforcement Block Grant Funds. #2000-159 - Approving Amendment to Spot Coal Agreement with Arch Coal. #2000-160 - Approving Change Order #1 to Contract with Nebraska Sprinkler Corporation Relative to Sprinkler System at Burdick Station. #2000-161 - Approving Change Order to Contract with Olsson Associates Relative to Engineering Consulting Services for the Grand Island Belt Line Trail #2000-162 - Approving Certificate of Final Completion Relative to Engineering Services for the Belt Line Trail Project. Approving Appointment of Cindy Johnson as Community Projects Director. Mayor Ken Gnadt reported that he had submitted the appointment of Cindy K. Johnson to serve as Community Projects Director for the City of Grand Island. Motion by Seifert, second by I I I Page 6, City Council Regular Meeting, May 23, 2000 Whitesides to approve. Upon roll call vote, Larson, Hosier, Seifert, Preisendorf, Whitesides, Ward, Samuelson, Murray and Sorensen voted aye. Pielstick voted nay, citing concerns with filling this position when the paramedic positions had not been filled. Motion adopted. Approving Appointment of Finance Director/Treasurer. Mayor Gnadt reported that he had submitted the appointment of David Springer to serve as the Finance Director/City Treasurer. Motion by Samuelson, second by Preisendorf. Upon roll call vote, all voted aye. Motion adopted. RESOLUTIONS: #2000-163 - Approving Acquisition of Eight Acres of Property for Public Park Located at 300' East of North Road and North of Hampton Road. Councilmember Pielstick made a motion to approve the acquisition of eight acres of property for the public park. Second by Larson. Councilmember Seifert offered a friendly amendment to allow acquisition of the property but with access from North Road. Councilmember Pielstick stated that she believed the neighborhood association was opposed to the access via North Road and rejected the friendly amendment. Councilmember Preisendorf spoke in support of acquiring the property and in support of access via North Road. Parks and Recreation Director Steve Paustian reported that some of the neighbors had met and had expressed an interest in acquiring the additional lot for future development. Councilmember Larson stated that the sale option provided for purchase of the eight acres with an option for the additional lot for the road access off of North Road. City Attorney Charlie Cuypers stated that the contract allowed for potential purchase of the additional access property. Bill Parten, 4043 Regal Drive, spoke in support of the purchase of the property with the additional access. Councilmember Pielstick amended her motion to approve the acquisition of the property with the additional property for access off North Road. Second by Larson. Councilmember Samuelson acknowledged the work of the neighborhood association in moving this issue forward in a very cooperative manner. Motion to approve the acquisition of the property with the additional land for access off of North Road was adopted unanimously. #2000-164 - Approving Acquisition of Multi Purpose Recreational Facility Lands and Hike/Bike Trails at the Former Cornhusker Army Ammunition Plant. City Attorney Charlie Cuypers reported that acquisition of lands at the former Cornhusker Army Ammunition Plant was requested to create a Multi Purpose Recreational Facility Lands and HikeIBike Trails and that the 412.5 acres of property was held by the US Army Corp of Engineers with a purchase price of $400,000, $150,000 of which would be the responsibility of the City. Councilmember Ward spoke in support of the acquisition of the property. Motion by Preisendorf, second by Ward, carried unanimously to approve. #2000-165 (b) - Consideration of Amendment to Preliminary Plat for Summerfield Estates Subdivision Relative to Street Width. Steve Riehle, Public Works Director, reported that as discussed at the City Council Study Session of April 18, 2000, the original preliminary plat and subdivision Agreement for Summerfield Estates Subdivision had been approved by the City Council at the meeting of February 8, 1999 and that subsequent to this approval, the developer entered into discussions with City staff relative to decreasing the width of the streets in the subdivision from 37' to 31'. Mr. Riehle added that although advised that such a modification would require Council approval before construction, the developer proceeded I I I Page 7, City Council Regular Meeting, May 23, 2000 with construction of the streets at the reduced width due to time constraints and that inasmuch as the City Code required that the width of streets be 37', unless recommended by the Regional Planning Commission and approved by the Council, any waiver of this policy must receive Council approval. Mr. Riehle reported that the developer had submitted a revised preliminary plat in March 2000 for this subdivision showing 37' street widths on the cul-de- sacs and entrance roads into the subdivision with all other internal streets shown at 31' in width and that the Regional Planning Commission reviewed this amended preliminary plat at their April 5, 2000 meeting and forwarded the plat to the City Council with a recommendation of no recommendation. Mr. Riehle stated that City staff had reviewed the proposal and recommended approval of the revised preliminary plat only for phase 1 of the subdivision showing 31' wide streets for the portions of Meadow Road and Meadow Way Trail that were in Summerfield Estates First Subdivision and 37' wide for the portion of Summerfield Avenue that was in Summerfield Estates First Subdivision. Mike Yost, representing Olsson Associates, spoke in support of the proposed revised preliminary plat. Greg Baxter, developer, spoke in support of the win/win solution establishing 31' wide streets in the first phase and 37' in the remaining phases. Motion by Pielstick, second by Whitesides to approve Resolution #2000-165b providing for 31' wide streets in the first phase and 37' in the remaining phases. Councilmember Pielstick questioned who was responsible for the inspections. Mr. Riehle stated that the developer hired an engineer to oversee the construction. Councilmember Seifert questioned what the street width was on the preliminary plat. Mr. Riehle stated that the street width was typically included on the preliminary plat but that the width had not been included on this plat and the assumption was that it was 37'. Councilmember Ward confirmed that the staff recommendation was to approve the existing 31' wide streets in phase 1. Councilmember Whitesides voiced concern with drainage and runoff potential problems. Councilmember Larson expressed concerns with the traffic patterns and the potential for problems due to the amount of traffic and the directional usage and stated that he could not support the narrower streets. Councilmember Murray stated that the Code clearly stated that 37' streets were the standard unless there was an exceptional circumstance and he did not believe that this was an exceptional circumstance. Councilmember Ward stated that in the end the consumer would be casting their votes on the design depending upon whether or not they move into the property and that based on this he would be supporting the motion to approve. Mr. Baxter stated that the Codes would be met or exceeded in the remaining phases and had been exceeded in several instances with the development. Roll call vote was taken on motion to approve #2000-165b. Upon roll call vote, Pielstick, Whitesides, and Ward voted aye. Hosier, Larson, Seifert, Preisendorf, Samuelson, Sorensen and Murray voted nay. Motion failed. PAYMENT OF CLAIMS: Motion by Samuelson, second by Seifert, carried unanimously to approve the claims for the period of May 9, 2000 through May 23,2000, claims #91081 through #91599. Councilmember Whitesides abstained from voting on Claim #091341. EXECUTIVE SESSION: Motion by Samuelson, second by Murray, carried unanimously to adjourn to Executive Session at 8:55 p.m. to discuss acquisition of property and negotiations. I I I Page 8, City Council Regular Meeting, May 23,2000 RETURN TO REGULAR SESSION: Motion by Samuelson, second by Pielstick, carried unanimously to return to Regular Session at 9: 17 p.m. ADJOURNMENT: The meeting was adjourned at 9: 17 p.m. Respectfull y submitted, &1dt f: Cb4r0U~ Cindy K. j6hnsfm tifF / '-' City Clerk