07/11/2000 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
July 11, 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 July 11, 2000. Notice of the meeting was given in the Grand Island Independent on
July 5, 2000.
Mayor Ken Gnadt called the meeting to order at 7:00 p.m. The following members were present:
Mayor Gnadt, Councilmembers Pielstick, Hosier, Seifert, Preisendorf, Whitesides, Ward, Murray
and Sorensen. Councilmembers Larson and Samuelson were absent. The following City Officials
were present: City Administrator Marian Ferguson, Community Project Director Cindy Johnson,
Public Works Director Steve Riehle, Finance Director David Springer, City Attorney Charlie
Cuypers and newly appointed City Clerk RaNae Edwards.
PLEDGE OF ALLEGIANCE was said.
RESERVE TIME TO SPEAK ON AGENDA ITEMS: 10 individuals reserved time to speak
on agenda items.
PRESENTATIONS AND PROCLAMATIONS:
CHAUTAUQUA ESSAY CONTEST.
Irene Abernethy introduced the Chautauqua Essay Contest Winners, Hailee Best for her essay on
"Willa Cather, An American Writer", and Jenna Howell for her essay on "Father Flanagan".
OATH OF OFFICE.
Cindy Johnson, Acting City Clerk administered the Oath of Office to RaNae Edwards.
INTERN PRESENTATION.
Erin McLaughlin, Wittenberg University Intern, gave a presentation on a study she had
completed regarding the City's Health Insurance/Wellness Program.
ADJOURN TO BOARD OF EQUALIZATION: Motion by Pielstick, second by Murray,
carried unanimously to adjourn to the Board of Equalization.
#2000-BE-4 - Determining Benefits For Sanitary Sewer District #490, The Village Second
Subdivision Steve Riehle, Public Works Director, reported that in its capacity as the Board
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Page 2, City Council Regular Meeting, July 11, 2000
of Equalization, it was necessary for the City Council to consider the assessment of benefits
associated with Sanitary Sewer District #490, The Village Second Subdivision. This District
was established September 27, 1999, in order to provide improvements in the form of sanitary
sewer lines. Construction was completed April 10, 2000. Motion by Murray, second by
Sorensen, carried unanimously to approve.
RETURN TO REGULAR SESSION: Motion by Murray, second by Preisendorf, carried
unanimously to return to Regular Session.
PUBLIC HEARINGS:
Public Hearing on Acquisition of Utility Easement East of Webb Road and North of Old
Highway 30. Gary Mader, Utilities Director, reported that acquisition of a utility easement
located east of Webb Road and north of Old Highway 30 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 Pacific Plaza. No public testimony was heard.
Public Hearing on Request of Sotos, Inc., dba Tienda Latina, 384 North Walnut Street, for Class
"D" Liquor License. Cindy Johnson, Acting City Clerk, reported that Prank Alexander Leon
Soto, owner, for Sotos, Inc., dba Tienda Latina, 384 North Walnut Street, had submitted an
application with the City Clerk's Office for a Class "D" Liquor License. Ms. Johnson
presented the following exhibits for the record: application submitted to the Liquor Control
Commission and received by the City on June 21, 2000; notice to applicant of date, time and
place of hearing mailed on June 21, 2000, notice to general public of date, time, and place of
hearing published on June 28, 2000; Chapter 4 of City Code and some departmental reports as
required by City Code. The applicant was present. Prank Soto spoke in support of the
application. No other public testimony was heard.
Public Hearing on Request of Sotos, Inc., dba EI Guitarron, 413 West 4th Street, for Class "C"
Liquor License. RaNae Edwards, City Clerk, reported that Prank Alexander Leon Soto,
owner, for Sotos, Inc., dba El Guitarron, 413 West 4th Street, had submitted an application
with the City Clerk's Office for a Class "D" Liquor License. Ms. Edwards presented the
following exhibits for the record: application submitted to the Liquor Control Commission and
received by the City on June 21, 2000; notice to applicant of date, time and place of hearing
mailed on June 21, 2000, notice to general public of date, time, and place of hearing published
on June 28, 2000; Chapter 4 of City Code and some departmental reports as required by City
Code. The applicant was present. Prank Soto spoke in support of the application. No public
testimony was heard.
Public Hearing on Change of Land Use Designation for Property at 3619 Curran Avenue from
Residential Office (RO) to Residential Development (RD). Chad Nabity, Regional Planning
Director, reported that Raymond J. O'Connor, 2808 Old Pair Road, Grand Island, had
submitted a request to rezone 3619 Curran Avenue from Residential Office (RO) to Residential
Development (RD) and the purpose of this request was to provide additional area for
construction of a 16 plex Unit within the Residential Development. It was noted that the
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Page 3, City Council Regular Meeting, July 11,2000
Regional Planning Commission, at their meeting of July 5, 2000, voted unanimously to
approve the request. No public testimony was heard.
Public Hearing on Request of Central Nebraska Airport to Discharge Storm Sewer Water from
Airport Property into the Capital Avenue Outfall Ditch. Steve Riehle, Public Works
Director, reported that the Central Nebraska Regional Airport had submitted a request to utilize
the Capital Avenue Outfall Ditch for its drainage discharge, due to the inadequate existing
storm drain system and downstream drainage restrictions. Mr. Stovall reported that the Federal
Aviation Administration (FAA) had mandated that the storm drainage system be upgraded. Bill
Stovall, 1320 North Hancock Avenue, Airport Manager, Doyle Hulme, 2829 Brentwood Blvd.
representing the Hall County Airport Authority, Ron Depue, 3002 Colonial Lane, Attorney for
the Hall County Airport Authority and Mike Yost, 4204 Manchester Road, representing
Olsson & Associates, spoke in support of the request. Loren Schuett, 719 Worms Road, Ned
Meier, 720 3rd Road, Rachel Daugherty, Attorney representing Fritz and Margaret Woodward,
Tom and Chris Schleichardt, 329 East Road, Roxie Clark, 920 West Phoenix and Fritz
Woodward, spoke in opposition to the request. No additional 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:
#8601 - Consideration of Creation of Water Main District #435, Cochin Street
#8602 - Consideration of Establishing Assessments for Sanitary Sewer District #490,
The Village Second Subdivision
#8603 - Consideration of Change of Land Use Designation for Property Located at
3619 Curran Avenue from Residential Office (RO) to Residential Development (RD)
#8604 - Consideration of Repealing Ordinance #8588, Conveyance of Property at
Platte Valley Industrial Park
#8605 - Consideration of Approval for Conveyance of Property at Platte Valley
Industrial Park to Interstate Structures, Inc.
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 ordinances on their 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. Upon roll call vote, motion was adopted unanimously.
Mayor: Is there anyone in the audience interested in any of the Ordinances? No public
testimony was heard.
Clerk: Ordinances #8601, #8602, #8603, #8604 and #8605 on first reading. All those in favor
of the passage of these ordinances on first reading, answer roll call. Upon roll call vote, all voted
aye. Motion adopted.
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Page 4, City Council Regular Meeting, July 11, 2000
Clerk: Ordinances #8601, #8602, #8603, #8604 and #8605 on final passage. All those in favor
of the passage of these ordinances on final passage, answer roll call. 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 #8601, #8602, #8603, #8604 and #8605 are considered to be lawfully passed and
adopted upon publication as required by law.
CONSENT AGENDA:
Counci1member Pielstick requested that items G2a, G2b, G2c and G2d be removed from the
Consent Agenda. Motion by Pielstick, second by Whitesides, carried unanimously to approve the
Consent Agenda excluding items G2a, G2b, G2c and G2d.
Approving Minutes of June 27, 2000 City Council Regular Meeting. Councilmember Seifert
abstained from voting.
Approving Request of Snack' R Us for Street Vendor Permit.
#2000-189 - Approving Designation of Hike/Bike Trail as Millennium Trail.
#2000-190 - Approving Amendment to Interloca1 Agreement with Hall County for Health
Department.
#2000-191 - Awarding Bid for Truck Mounted Dump Body for Wastewater Division to Truck &
Equipment, Inc., Lexington, Nebraska, in the Amount of$19,530.00.
#2000-192 - Awarding Bid for Storm Drainage Project 2000-D-1, Capital Avenue East of
Airport Road to Castle Construction, Inc., Columbus, Nebraska, in the Amount of $29,496.54.
#2000-193 - Awarding Bid for Storm Drainage Project 2000-D-2, Nevada and Arizona from
Northwest Avenue to Independence to The Diamond Engineering Co., Grand Island, Nebraska,
in the Amount of$41,438.76.
#2000-194 - Awarding Bid for Playback Machine for GITV to Alpha Video, Edina, Minnesota,
in the Amount of$25,831.45.
#2000-195 - Awarding Bid for (4) ISI "Viking" Self Contained Breathing Apparatus Systems to
Heiman Fire Equipment, Ashton, Iowa, in the Amount of$1O,715.00.
#2000-196 - Approving Acquisition of Utility Easement East of Webb Road and North of Old
Highway 30.
#2000-197 - Approving Continuation and Construction of Street Improvement District #1233,
Juergen Road.
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Page 5, City Council Regular Meeting, July 11, 2000
#2000-198 - Approving Change Order to Contract with Ensley Electrical Services, Inc. for Ball
Field Lighting at Ashley and Pier Parks.
#2000-199 - Approving Certificate of Final Completion for Removal and Replacement of Ball
Field Lighting at Ashley and Pier Parks.
#2000-200 - Approving Amendment to Contract with CH2M Hill Relative to Electrical System
Improvements for Wastewater Treatment Plant.
#2000-201 - Consideration of Request for Parking Modification on Eddy Street Right of Way.
#2000-202 - Approving Final Plat of Oakwood Second Subdivision. It was noted that The
Meadows Apartment Homes, L.L.C., a Nebraska Limited Liability Company, owner, had
submitted the final plat for Oakwood Second Subdivision located at 3619 Curran Avenue in
order to replat existing Lot 19, Bosselman Second Subdivision, and all of Lots 3 and 4, Oakwood
Subdivision into two lots.
#2000-203 - Approving Concurrence with State of Nebraska Bid Relative to Traffic Signal
Modification at Highway 281 and Stolley Park Road.
Denying Request of Sotos, Inc., dba Tienda Latina, 384 North Walnut Street, for Class "D"
Liquor License. Councilmember Pielstick and Whitesides questioned the absence of Social
Security numbers on the application and the absence of some departmental reports.
Councilmember Murray stated that no Social Security numbers were needed because the
application was being made as a corporation. City Attorney Charlie Cuypers told the Council
that he had worked with the Sotos. Frank Soto told the council that neither he nor his father were
U.S. citizens but were in the process of becoming citizens, however, this was a long process and
could take up to three years. Motion by Whitesides, second by Pielstick to deny the request.
Upon roll call vote, Hosier, Seifert, Sorensen, Whitesides and Pielstick voted aye. Preisendorf,
Ward, and Murray voted nay. Mayor Gnadt cast the sixth and deciding vote to deny the request.
Motion adopted.
Denying Request of Gonzolo Vera Soto, 420 South Rose, for Liquor Manager Designation for
Sotos, Inc., dba Tienda Latina, 384 North Walnut.
Motion by Whitesides, second by Pielstick to deny the request of Gonzolo Vera Soto, 420 South
Rose, for Liquor Manager Designation for Sots, inc., dba Tienda Latina, 384 North Walnut based
upon the absence of Social Security numbers on the application and the absence of some
departmental reports. Upon roll call vote, Hosier, Seifert, Sorensen, Whitesides and Pielstick
voted aye. Preisendorf, Ward, and Murray voted nay. Mayor Gnadt cast the sixth and deciding
vote to deny the request. Motion adopted.
Denying Request of Sotos, Inc., dba EI Guitarron, 413 West 4th Street, for Class "C" Liquor
License.
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Page 6, City Council Regular Meeting, July 11, 2000
Councilmember Pielstick and Whitesides questioned the absence of Social Security numbers on
the application and the absence of some departmental reports. Councilman Murray stated that no
Social Security numbers were needed because the application was being made as a corporation.
City Attorney Charlie Cuypers told the Council that he had worked with the Sotos. Frank Soto
told the council that neither he nor his father were U.S. citizens but were in the process of
becoming citizens, however, this was a long process and could take up to three years. Motion by
Whitesides, second by Pielstick to deny the request. Upon roll call vote, Hosier, Seifert,
Sorensen, Whitesides and Pielstick voted aye. Preisendorf, Ward, and Murray voted nay. Mayor
Gnadt cast the sixth and deciding vote to deny the request. Motion adopted.
Approving Request of Gonzolo Vera Soto, 420 South Rose, for Liquor Manager Designation for
Sotos, Inc., dba EI Guitarron, 413 West 4th Street.
Motion by Whitesides, second by Pielstick to deny the request of Gonzolo Vera Soto, 420 South
Rose, for Liquor Manager Designation for Sots, inc., dba El Guitarron, 413 West 4th Street based
upon the absence of Social Security numbers on the application and the absence of some
departmental reports. Upon roll call vote, Hosier, Seifert, Sorensen, Whitesides and Pielstick
voted aye. Preisendorf, Ward, and Murray voted nay. Mayor Gnadt cast the sixth and deciding
vote to deny the request. Motion adopted.
RESOLUTIONS:
#2000-204A or #2000-204B - Approving Adoption of Fee Schedule. David Springer, Finance
Director, reported that in conjunction with the development ofthe Fiscal Year 2000-2001 Annual
Budget, it was recommended that the user fee schedule be amended to reflect adjustments based
on the cost of providing the service. Steve Riehle, Public Works Director, report that two
Resolutions were presented to the Council with regards to the Solid Waste Fees: Resolution
#2000-204A with cubic yards and Resolution #2000-204B with tonnage. Motion by Murray,
second by Whitesides to approve Resolution #2000-204B. Les Woodward, representing Mid
Nebraska Disposal and Clark Sanitation and Doug Lueth, Manager for Central Waste spoke
against the change of Solid Waste fees to tonnage. Pielstick offered a friendly amendment that
the Solid Waste Fees be taken to a Study Session. It was noted the importance of adopting the
rest of the Fee Schedule due to budget preparations. Murray accepted the friendly amendment.
Upon roll call vote motion carried unanimously to amend the motion to approve the Fee
Schedule with the exception of the Solid Waste Fees. Motion adopted.
#2000-205 - Approving Request of Central Nabraska Airport to Discharge Storm Sewer Water
from Airport Property into the Capital Avenue Outfall Ditch.
The Central Nebraska Regional Airport had submitted a request to utilize the Capital Avenue
Outfall Ditch for its drainage discharge. This request was due to the Airport's inadequate
existing storm drain system and downstream drainage restrictions. The Federal Aviation
Administration (FAA) had mandated that the storm drainage system be upgraded.
Councilmembers Sorenson and Pielstick had questions as to further study and options of
drainage to the north. Mike Yost, representing Olsson & Associates stated that there was more
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Page 7, City Council Regular Meeting, July 11, 2000
cost associated with drainage to the north. Don Naverco, 621 4th Road spoke in opposition.
Motion by Seifert, second by Murray to approve the request. Upon roll call vote, Seifert, Murray,
Preisendorf and Ward voted aye. Pielstick, Hosier and Whitesides voted nay. Sorensen abstained.
Motion failed.
#2000-206 - Approving Agreement for Warranty Deed with Interstate Structures, Inc. Charlie
Cuypers, City Attorney, reported that on April 25, 2000, the City Council approved the
conveyance of approximately 10.025 acres ofland in the Platte Valley Industrial Park to B, B &
G Investments. Inasmuch as the City Attorney's Office had been notified that the intended buyer
of this property had been changed to Interstate Structures, Inc., a new Agreement for Warranty
Deed to reflect such change is required. Motion by Pielstick, second by Preisendorf to approve.
Upon roll call vote, motion was adopted unanimously.
#2000-207 - Approving Amendment to Agreemet for Warranty Deed with County Relative to
Purchase of Southern Building at 1306 West Third Street. Charlie Cuypers, City Attorney,
reported that at the June 27, 2000, Regular City Council Meeting the Council voted to approve
the Interlocal Agreement with Hall County relative to the purchase of Southern Building at 1306
West Third Street. The purchase price of $250,000 plus an interest payment to the County of
$6,000 was approved. Motion by Seifert, second by Hosier to pay the County the purchase price
of $250,00 plus all accumulated interest.
EXECUTIVE SESSION: Motion by Murray, second by Seifert to adjourn to Executive
Session to discuss negotiations relative to the purchase of the Southern Building. Motion was
adopted unanimously at 9: 10 p.m.
RETURN TO REGULAR SESSION: Motion by Preisendorf, second by Whitesides, carried
unanimously to return to Regular Session at 9:25 p.m.
A friendly amendment was made by Siefert and agreed to by Hosier, to pay the County the
purchase price of $250,00 plus $12,000 interest. Upon roll call vote, motion was adopted
unanimously.
PAYMENT OF CLAIMS: Motion by Whitesides, second by Murray, carried unanimously to
approve the Claims for the period of June 28, 2000 through July 11, 2000, Claims #93030
through #93649 and voided Claims #89323 and #89806. Councilmember Seifert abstained from
voting on Claim #93441.
ADJOURNMENT: The meeting was adjourned at 9:30 p.m.
Respectfully submitted,
QJ\ cu- ill LQo.rJ1J
RaNae Edwards
City Clerk