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06/27/2000 Minutes I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING June 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, on June 27,2000. Notice of the meeting was given in the Grand Island Independent on June 21, 2000. Mayor Ken Gnadt called the meeting to order at 7:00 p.m. The following members were present: Mayor Gnadt, Councilmembers Larson, Pielstick, Hosier, Preisendorf, Whitesides, Ward, Samuelson, Murray and Sorensen. Councilmember Seifert was absent. The following City Officials were present: City Administrator Marlan Ferguson, City Clerk Cindy Johnson, Public Works Director Steve Riehle, Finance Director David Springer, and City Attorney Charlie Cuypers. PLEDGE OF ALLEGIANCE was said. PRESENTATIONS AND PROCLAMATIONS: Cindy Johnson, City Clerk, reported that the Mayor had proclaimed July 3-11, 2000 as Chautauqua 2000 in Grand Island. PUBLIC HEARINGS: Public Hearing on Acquisition of Utility Easement West of Diers Avenue, North of Faidley Avenue, North of Applebees Restaurant. Gary Mader, Utilities Director, reported that acquisition of a utility easement located west of Diers Avenue, north of Faidley Avenue, and north of Applebees Restaurant 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 primary cable and a pad mounted transformer to serve the new Sonic Restaurant. No public testimony was heard. Public Hearing on Acquisition of Utility Easement West of Diers Avenue, North of Faidley Avenue, North of Applebees Restaurant. Gary Mader, Utilities Director, reported that acquisition of a utility easement located west of Diers Avenue, north of Faidley Avenue, and north of Applebees Restaurant was required in order to have access to install, upgrade, maintain, and repair lines and that this easement would be used to locate primary cable to serve the new Sonic Restaurant. No public testimony was heard. Public Hearing on Request of Overland Trails Council for Change of Land Use Designation for Property Located at 2808 O'Flannagan Street, from Suburban Residential to Medium Density Residential. Chad N abity, Regional Planning Director, reported that David Plond, Scout Executive, on behalf of the Overland Trails Council - Boy Scouts of America, had submitted a request to rezone the east 148 feet of Lot 11 and all of Lot 12 Dickey Subdivision located at 2808 O'Flannagan Street from RI-Suburban Residential Zone to R3-Medium I I I Page 2, City Council Regular Meeting, June 27, 2000 Density Residential Zone. It was noted that this was the site of the Third City Christian Church located south and east of U.S. Highway 281 and Old U.S. Highway 2 and that the purpose of this request was for a new Boy Scout office. David Plond, 1519 West Division, spoke in support of the request. No public testimony was heard. Public Hearing on Request of Bacchanalia, Inc., dba J. Alfred Prufrocks, 308 North Pine Street, for Addition to Premises Liquor License. Cindy Johnson, City Clerk, reported that Brent Lindner, owner, for Bacchanalia, Inc. dba J. Alfred Prufrock's, 308 North Pine Street had submitted an application with the City Clerk's Office for an Addition to Premises Liquor License, in conjunction with the Class "C" Liquor Licenses presently held and that the addition was for a 37' x 7' outdoor area adjacent to the current licensed premises. Ms. Johnson presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on June 7, 2000; notice to general public of date, time, and place of hearing published on June 13, 2000; Chapter 4 of City Code; and departmental reports as required by City Code. The applicant was present. No public testimony was heard. Public Hearing on Proposed Grant Application to Department of Economic Development Relative to Community Development Funding for Housing Study. Cindy Johnson, Community Projects Director, reported that the Nebraska Department of Economic Development accepted applications through the Community Development Block Grant Program for grant funding to assist in the development and distribution of a housing study and that a housing study had last been completed in 1995. Ms. Johnson noted that the City's request to CDBG was for funding in the amount of $21,000; total cost of the project was anticipated to be approximately $26,000 and that a request would be made to the Community Redevelopment Authority to provide the remaining $5,000 required as matching funds. No public testimony was heard. Public Hearing on Acquisition of Property at 508 East 6th Street. Charlie Cuypers, City Attorney, reported that as part of a project by the Hall County Historical Society to renovate the former Burlington Northern Depot located in the 600 block of Plum Street, acquisition of the former grocery store, 508 East Sixth Street was recommended for future development as a park and parking area. Mr. Cuypers noted that the property was currently owned by Transportation Equipment, Inc., who had agreed to sell the property to the City of Grand Island for a purchase price of $75,000. John Amick, representing the Historical Society, spoke in support of the acquisition. 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: #8600 - Consideration of Change of Land Use Designation for Property Located at 2808 O'Flannagan Street from Suburban Residential to Medium Density Residential be considered for passage on the same day upon reading by number only 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 final passage. Second by Samuelson. Upon roll call vote, all voted aye. Motion adopted unanimously. I I I Page 3, City Council Regular Meeting, June 27, 2000 Mayor: Is there anyone in the audience interested in this Ordinance? No testimony was heard. City Clerk: Ordinance #8600 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, all voted aye. Motion adopted. City Clerk: Ordinance #8600 on its final passage. All those in favor of the passage of this ordinance 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, Ordinance #8600 is declared to be lawfully passed and adopted upon publication as required by law. CONSENT AGENDA: Councilmember Whitesides requested that item G-lO be removed from the Consent Agenda. Councilmember Murray requested that item G-9 be removed from the Consent Agenda. Motion by Larson, second by Whitesides, carried unanimously to approve the Consent Agenda minus items G-9 and G-lO. Receipt of Official Documents Including Minutes of Civil Service Commission Meetings of April 4, 2000 and May 5,2000. Approving Minutes of June 13, 2000 City Council Regular Meeting and June 20, 2000 City Council Study Session. Councilmember Pielstick abstained from the vote. Approving Request of Bacchanalia, Inc., dba J. Alfred Prufrock's, 308 North Pine Street, for Addition to Premises Liquor License. Approving Request of Central Nebraska Ethnic Festival for Special Designated Liquor License for July 28-30, 2000. Approving Request of Trey's III for Special Designated Liquor License for July 28-30, 2000. #2000-178- Awarding Bid for Truck Mount Sludge and Compost Mixer to Nebraska Truck and Equipment Company, Lexington, Nebraska, in the Amount of $29,163.40 with Trade In. #2000-179 - Approving Agreement with Creighton University Relative to EMT Training. #2000-180 - Approving Amendment to Contract with Preferred Mail Relative to Mail Processing. #2000-181- Approving Acquisition of Utility Easement West of Diers Avenue, North of Faidley Avenue, Just North of Applebees Restaurant. #2000-182 - Approving Acquisition of Utility Easement West of Diers Avenue, North of Faidley Avenue, Just North of Applebees Restaurant. I I I Page 4, City Council Regular Meeting, June 27, 2000 #2000-183 - Approving Construction and Conveyance of Community Development Property at 931 North Lambert Street. It was noted that the Community Development Division of the Community Projects Department solicited proposals for the construction of a house at 931 North Lambert Street and that four proposals had been submitted ranging from $76,500 to $99,000. Ms. Johnson, Community Projects Director, reported that the Community Development Advisory Board held an informal meeting on June 8, 2000 and that a unanimous decision was made to recommend to Council that Galvan Construction, Inc. construct a handicap accessible single family house at 931 North Lambert Street, legally described as Lot 1, Lincoln View Estates Subdivision. Ms. Johnson added that upon the completion of the construction of the home, it would be sold to Kimberly S. Andersen in the amount of $76,500 under the Downpayment Assistance Program. #2000-184 - Approving Change Order to Contract with Buck Construction Relative to Site Contract with Buck Construction Relative to Modification for St. Joe Hike/Bike Trail. #2000-185 - Approving Certificate of Final Completion for Beltline Hike/Bike Trail. #2000-186 - Approving Certificate of Final Completion for St. Joseph Hike/Bike Trail. #2000-175 - Approving Acquisition of Property at 1306 West Third Street. Charlie Cuypers, City Attorney, reported that at the City Council Meeting of April 12, 1999, Ordinance #8472 had approved conveying one-half interest in property commonly known as the Southern Building to Hall County and that an interlocal agreement had been entered into between Hall County and the City of Grand Island for the purpose of using the Southern Building for the City/County Health Department. It was noted that after a study had been conducted it was decided that the property would not serve the purpose for the City/County Health Department and the City and County have agreed that the County's one-half share of the property should be returned to the City for the original purchase price of $250,000 plus a negotiated amount of interest. Mr. Cuypers reported that the County had requested $8,000 in interest. Motion by Larson, second by Samuelson to approve the Interlocal Agreement. Councilmember Murray questioned why the City would pay interest to the County inasmuch as the property had been purchased in good faith. Councilmember Murray moved to delete the portion of the Interlocal Agreement that referred to payment of interest. Second by Sorensen. Councilmember Whitesides stated that the Health Department was a joint City/County venture and that the City had received interest in the amount of $12,000 from the $250,000 that the County had paid about one year ago to the City for the building. Councilmember Whitesides suggested that the County be reimbursed $6,000 in interest. Councilmember Ward confirmed that the City had received $12,000 in interest. Mr. Cuypers responded that the City had received slightly more than $12,00. Upon roll call vote to approve the deletion of the portion of the agreement pertaining to interest, Larson, Whitesides and Ward voted nay. Pielstick, Hosier, Preisendorf, Murray, Samuelson and Sorensen voted aye. Motion adopted to delete the reference to interest due to be paid. Mayor Gnadt suggested that the interest could be split 50/50. Councilmember Whitesides offered a friendly amendment to the motion to approve the Interlocal Agreement with a payment of $6,000 to the County for interest. Larson and Samuelson accept the friendly amendment. Councilmember Sorensen questions what the revenues to the City would be for use of the facility as the One Stop Center. Cindy Johnson, Community Projects Director, reported that the revenues had not yet been determined but that an agreement would be presented to Council when the details were finalized. Upon roll call I I I Page 5, City Council Regular Meeting, June 27, 2000 vote to approve the Interlocal Agreement with an interest payment to the County of $6,000 all voted aye. Motion adopted. Approving Appointment of RaNae Edwards as City Clerk. Motion by Whitesides, second by Larson, carried unanimously to appoint RaNae Edwards as City Clerk effective July 3, 2000. It was noted that the appointment was made by motion only, not by the Resolution presented. REQUESTS AND REFERRALS: Approving Referral of Petition for Creation of Water Main Service for Cochin Street. Gary Mader, Utilities Director, reported that the City Clerk's Office had received a petition from two property owners on Cochin Street for extension of water service and that the staff could be directed to create an assessment district for this area. Motion by Preisendorf, second by Whitesides, carried unanimously to approve. RESOLUTIONS: #2000-188 - Approving Acquisition of Property at 508 East 6th Street. Charlie Cuypers, City Attorney, reported that as part of a project by the Hall County Historical Society to renovate the former Burlington Northern Depot located in the 600 block of Plum Street, acquisition of the former grocery store, at 508 East Sixth Street, was recommended for future development as a park and parking area. Mr. Cuypers reported that the property was currently owned by Transportation Equipment Company, Inc., who had agreed to sell the property to the City of Grand Island for a purchase price of $75,000. Motion by Pielstick, second by Sorensen to approve. Councilmember Murray questioned the demolition costs and maintenance costs. Mr. Cuypers stated that there were no estimates as yet on the demolition costs and that the City hoped the Community Redevelopment Authority would partner in the project but there were no guarantees. Councilmember Murray asked if the purchase could be tabled until additional information was provided, including whether or not the Community Redevelopment Authority would participate. Mr. Cuypers stated that the purchase was contingent upon payment on Wednesday. Cindy Johnson, Community Projects Director, reported that the CRA had taken steps to include the area in the revised blight and substandard study but that no formal discussion had taken place on assisting with acquisition, demolition or renovation costs. Councilmember Murray stated that he would be voting against the acquisition inasmuch as the purchase was not in the budget and there was already a park just a few blocks away. Councilmember Samuelson questioned the account number for the funding. Marlan Ferguson, City Administrator, reported that funding was available in the 400, Capital Projects Fund. Upon roll call vote, Larson, Pielstick, Hosier, Preisendorf, Whitesides, Ward, Samuelson and Sorensen voted aye. Murray voted nay. Motion adopted. PAYMENT OF CLAIMS: Motion by Samuelson, second by Murray, carried unanimously to approve the Claims for the period of June 14 through June 27, claims #92422 through #93028 plus Claim #93029 in the amount of $75,000 to Transportation Equipment for the purchase of the property at 508 East 6th Street. ADJOURNMENT: The meeting was adjourned at 7:50 p.m. Respectfully submitted, I I I Page 6, City Council Regular Meeting, June 27, 2000 ~n d1 . JI: lJA~ Cindy K. J~nso~ ) U City Clerk