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07/25/2000 Minutes (2) I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING July 25, 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 25, 2000. Notice of the meeting was given in the Grand Island Independent on July 19, 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, Seifert, Preisendorf, Whitesides, Samuelsonn, Murray and Sorensen. Councilmember Ward was absent. The following City Officials were present: City Administrator Marian Ferguson, City Clerk RaNae Edwards, Finance Director David Springer, City Attorney Charlie Cuypers and Public Works Director Steve Riehle. PLEDGE OF ALLEGIANCE was said. RESERVE TIME TO SPEAK ON AGENDA ITEMS: 4 individuals reserved time to speak on agenda items. PRESENTATIONS AND PROCLAMATIONS: CHAUTAUQUA MUSICAL CONTEST Musical Contest Winner, Christie Murman played several musical selections on her fiddle. PUBLIC HEARINGS: Public Hearing on Request of Riverside Inn for Renewal of Conditional Use Permit for Entrance Sign at 3200 South Locust Street Craig Lewis, Building Department Director, reported that renewal of a Conditional Use Permit was required for Riverside Inn for continued placement of a sign at 3200 South Locust Street to mark the turn off to their business. This request had been reviewed by the Building, Legal, Utilities, Regional Planning and Public Works Departments. No public testimony was heard. Public Hearing on Request of CXT/LB Foster Company for Renewal of Conditional Use Permit for Temporary Placement of Office Buildings at 710 East US Highwav 30 Craig Lewis, Building Department Director, reported that renewal of a Conditional Use Permit was required for CXT/LB Foster Company for continued placement of temporary placement of office buildings at 710 East US Highway 30. This request had been reviewed by the Building, Legal, Utilities, Regional Planning and Public Works Departments. No public testimony was heard. I I I Page 2, City Council Regular Meeting, July 25, 2000 Public Hearing on Request of Scott Montgomery 2607 Waugh Street. for Conditional Use Permit for Construction of a Detached Two Car Garage Craig Lewis, Building Department Director, reported that a Conditional Use Permit was requested by Scott Montgomery for construction of a detached two car garage at 2607 Waugh Street. This request had been reviewed by the Building, Legal, Utilities, Regional Planning and Public Works Departments. The Zoning Board of Adjustment granted a variance for this request at their July 11, 2000 meeting. No public testimony was heard. Public Hearing on Declaration of a Site in the City of Grand Island, Nebraska, as Blight and Substandard Area #3 Cindy Johnson, Community Projects Director, reported that a blight and substandard study was prepared by Hanna:Keelan Associates P.C. for an area referred to as "Redevelopment Area #3". The Redevelopment Area #3 contains approximately 8.7 acres located in southeast Grand Island near the South Locust Corridor. Substandard factors were found throughout the Redevelopment Area. Specifically, deterioration or dilapidated structures, age and obsolescence of structures, and the existence of conditions which endanger life or property by fire and other causes. The request had been reviewed by the Regional Planning Commission. No public testimony was heard. Public Hearing on Proposed Grant Application to Department of Economic Development Relative to Community Development Funding for Updated Planning Study Cindy Johnson, Community Projects Director, reported that the Nebraska Department of Economic Development accepts applications through the Community Development Block Grant Program for grant funding to assist in the development and distribution of a housing study. A housing study was last completed in 1995. It is recommended that these studies be updated every five years. The City's request to CDBG is for funding in the amount of $21,000; total cost of the project is anticipated to be approximately $26,000. A request will be made to the Community Redevelopment Authority to provide the remaining $5,000 required as matching funds. This is the second of the two required Public Hearings, the first Public Hearing was held on June 27, 2000. No public testimony was heard. Public Hearing on Acquisition of Utility Easement North Side of State Street and West of Lawrence Lane (Raymond J. and Jennifer S. O'Connor) Gary Mader, Utility Director, reported that acquisition of a utility easement located on the north side of State Street and west of Lawrence Lane on the U-Save Lot, was required in order to have access to install, upgrade, maintain, and repair power appurtenances. This easement will be used to locate primary cable and pad mounted transformer to serve a new sign just north of this location. No public testimony was heard. Public Hearing on Acquisition of Utility Easement East of Juergen Road and North of Wildwood Drive (Nebraska Truck Center, Inc.) Gary Mader, Utility Director, reported that acquisition of a utility easement located east of Juergen Road and north of Wildwood Drive, Platte Valley Industrial Park, was required in order to have access to install, upgrade, maintain, and repair power appurtenances. This easement will be used to locate primary cable and pad mounted transformer to serve Nebraska Truck Center development. No public testimony was heard. I I I Page 3, City Council Regular Meeting, July 25,2000 Public Hearing on Acquisition of Utility Easement West Side of Ada Street and North of Stolley Park Road (Kenneth W. Staab - Lot 1) Gary Mader, Utility Director, reported that acquisition of a utility easement located on the west side of Ada Street and north of Stolley Park Road was required in order to have access to install, upgrade, maintain, and repair power appurtenances. This easement will be used to locate two new transformers along with primary cable and secondary boxes to serve new apartment complexes at this location. No public testimony was heard. Public Hearing on Acquisition of Utility Easement West Side of Ada Street and North of Stolley Park Road (Kenneth W. Staab - Lot 2) Gary Mader, Utility Director, reported that acquisition of a utility easement located on the west side of Ada Street and north of Stolley Park Road was required in order to have access to install, upgrade, maintain, and repair power appurtenances. This easement will be used to locate two new transformers along with primary cable and secondary boxes to serve new apartment complexes at this location. No public testimony was heard. Public Hearing on Acquisition of Utili tv Easement West Side of Ada Street and North of Stolley Park Road (Kenneth W. Staab - Lot 3) Gary Mader, Utility Director, reported that acquisition of a utility easement located on the west side of Ada Street and north of Stolley Park Road was required in order to have access to install, upgrade, maintain, and repair power appurtenances. This easement will be used to locate two new transformers along with primary cable and secondary boxes to serve new apartment complexes at this location. No public testimony was heard. Public Hearing on Proposed Amendment to Chapter 33-12 of the Grand Island Subdivision Regulations Relative to Standards for Median, Street Widths Chad Nabity, Planning Director, reported that an amendment to Chapter 33-12 of the Grand Island Subdivision Ordinance would limit access from streets designated as collector or arterial streets; to define a minimum lane width for streets with medians; and to remove the wording requiring Public Works Director approval before Planning Commission and Council can consider streets narrower than 37 feet. The purpose of these changes is to set standards for placing medians in the public right of way and to define who can approve that streets can be built to lower than minimum standards. This recommendation has been approved by the Regional Planning Commission at their July 5, 2000 meeting. This proposal has been reviewed by the Public Works and Fire Departments. No public testimony was heard. Public Hearing on Proposed Amendment to Chapter 36-36 of the Grand Island Zoning Regulations Regarding Construction of Standard Two Car Garage as an Accessory Use Chad Nabity, Planning Director, reported that an amendment to Chapter 36-36 of the Grand Island Zoning Regulations would allow for construction of a standard 2 car garage as an accessory use on any residential lot provided all coverage and set back requirements can be met. This proposal has been approved by the Regional Planning Commission at their July 5, 2000 meeting. No public testimony was heard. Public Hearing on Proposed Amendment to Grand Island Comprehensive Plan Regarding Designation of a Collector Street Along the Independence Avenue Corridor Between Capital I I I Page 4, City Council Regular Meeting, July 25,2000 Avenue and 13th Street Chad Nabity, Planning Director, reported an amendment to the Grand Island Comprehensive Plan relative to the designation of one-half mile as a collector street along the Independence Avenue Corridor between Capital Avenue and 13th Street. Concerns about pedestrian, bicycle and vehicular traffic congestion created by Westridge School has led to this request. This proposal has been approved by the Regional Planning Commission at their July 5, 2000 meeting. 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: #8607 - Consideration of Creation of Sanitary Sewer District #495, Gosda Subdivision #8608 - Consideration of Amendment to Chapter 17 of the City Code Relative to Solid Waste Flow Control #8609 - Consideration of Amendment to Chapter 33-12 of the Grand Island Subdivision Regulations Relative to standards for Medians, Street Widths #8610 - Consideration of Amendment to Chapter 36-36 of the Grand Island Zoning Regulations Regarding Construction of Standard Two Car Garage as an Accessory Use #8611 - Consideration of Issuing Electric Revenue Bonds 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 Larson. Upon roll call vote, motion was adopted unanimously. Mayor: Is there anyone in the audience interested in any ofthe Ordinances? Councilmember Pielstick questioned Ordinance #8611 - Electric Revenue Bonds, as to whether the City could have put aside money for this project. Gary Mader, Utilities Director explained the financing of the project and the purpose of the $6,145,000.00 bonds. Councilmember Whitesides questioned the interest rate on the bonds, which is 4.94%. Discussion was had regarding the use of reserve funds for projects such as this. Bill Beavers, Bond Agent from Ameritas, explained the bonds and the AA rating that the City of Grand Island has received. Councilmember Murray questioned Ordinance #8608 relative to the Solid Waste Flow Control. Steve Riehle, Public Works Director, explained that this ordinance would amend Chapter 17 of the City Code relative to garbage or refuse processed at a Materials Recovery Facility operated pursuant to a permit issued by the Nebraska Department of Environmental Quality. Clerk: Ordinances #8607, #8608, #8609, #8610 and #8611 on first reading. All those in favor of the passage of these ordinances on first reading answer roll call. Upon roll call vote, motion adopted unanimously. I I I Page 5, City Council Regular Meeting, July 25,2000 Clerk: Ordinances #8607, #8608, #8609, #8610 and #8611 on final passage. All those in favor of the passage of these ordinances on final passage, answer roll call. Upon roll call vote, motion adopted unanimously. Mayor: By reason of the roll call votes on the first reading and then upon final passage, Ordinances #8607, #8608, #8609, #8610 and #8611 are considered to be lawfully passed and adopted upon publication as required by law. Motion by Samuleson, second by Larson to approve Salary Ordinance #8606 - Salary Ordinance. Discussion was had regarding this being the second reading and whether or not the statutory rules could be suspended and that this ordinance be read on second and final reading. Samuleson withdrew his motion and Larson withdrew his second. Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinance numbered 8606 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 second reading and then upon final passage and call for a roll call vote on each reading and then upon final passage. Second by Murray. Upon roll call vote, Larson, Hosier, Preisendorf, Whitesides, Samuleson, Murray and Sorensen voted aye. Pielstick and Siefert voted nay. Motion failed. Motion by Samuelson, second by Larson to approved Salary Ordinance #8606 on second reading. Councilmember Seifert questioned why some positions received a raise and others did not. City Administrator Marlan Ferguson explained the salary survey done by John Cripes, Capital Concepts. The Salary Ordinance was read by title by the City Clerk. Discussion followed. Charlie Cuypers, City Attorney explained the salary survey regarding comparability. Upon roll call vote, Larson, Hosier, Seifert, Preisendorf, Whitesides, Samuleson, Murray and Sorensen voted aye. Pielstick voted nay. Motion adopted. CONSENT AGENDA: City Clerk RaNae Edwards, noted that item G-5c should read Water Main Project 2000-W-2, Water Transmission Line instead of Well Field Expansion. Also noted was amended minutes for the July 11, 2000 meeting which had been provided to Council. Councilmember Pielstick requested that items G-9 and G-4b be removed from the Consent Agenda. Motion by Pielstick, second by Whitesides, to approve the Consent Agenda and the amended minutes, excluding items G-9 and G4b. Motion carried unaninously. Approving Minutes of July 11, 2000 City Council Regular Meeting. Councilmember Samuelson abstained from voting. Approving Minutes of July 18, 2000 City Council Special Meeting. Approving Deanna Frankforther and Tammy Slater to the Hall County Board of Health. I I I Page 6, City Council Regular Meeting, July 25,2000 Approving Alicia Haussler and Beverly Biggs to the Community Development Advisory Board. Approving Renewal of Conditional Use Permit for Riverside Inn Entrance Sign at 3200 South Locust Street. Approving Conditional Use Permit for Scott Montgomery, 2607 Waugh Street to Construct a Detached Two Car Garage. #2000-208 - Approving Bid for Technical Support for Scanner for Utilities Department to National Computer Systems of Eagan, Minnesota in the Amount of $747.43. #2000-209 - Approving Bid for Downtown Alley Improvements - Phase II and Electrical Proiect 2000-UG-l to Diamond Engineering Company of Grand Island, Nebraska in the Amount of$747,099.69. #2000-210 - Approving Bid for Water Main Proiect 2000-W-2 - Stuhr Road and the Wood River Floodway to Diamond Engineering Company of Grand Island, Nebraska in the Amount of $211,361.20. #2000-211 - Approving Bid for Human Services Needs Assessment and Comprehensive Plan, CYC to Hanna:Keelan Associates, P.C. of Lincoln, Nebraska in the amount of $30,000.00. #2000-212 - Approving Acquisition of Utility Easement North Side of State Street and West of Lawrence Lane (Raymond J. and Jennifer S. O'Connor). #2000-213 - Approving Acquisition of Utility Easement East of Juergen Road and North of Wildwood Drive (Nebraska Truck Center, Inc.) #2000-214 - Approving Acquisition of Utility Easement West Side of Ada Street and North of Stolley Park Road (Kenneth W. Staab - Lot 1 ). #2000-215 - Approving Acquisition of Utility Easement West Side of Ada Street and North of Stolley Park Road (KennethW. Staab - Lot 2). #2000-216 - Approving Acquisition of Utility Easement West Side of Ada Street and North of Stolley Park Road (Kenneth W. Staab - Lot 3). #2000-217 - Approving Declaration of a Site in the City of Grand Island, Nebraska as Blight and Sustandard Area #3. #2000-218 - Approving Proposed Grant Application to Department of Economic Development Relative to Community Development Funding for Updated Planning Study. #2000-220 - Approving Budget for Business Improvement District #3, South Locust Street, and Setting Date for Board of Equalization. I I I Page 7, City Council Regular Meeting, July 25,2000 #2000-221 - Approving Speed Limits Upon the Streets of the City of Grand Island Relative to Section 22-51 of the City Code. #2000-222 - Approving Proposed Amendment to Grand Island Comprehensive Plan Regarding Designation of a Collector Street Along the Independence Avenue Corridor Between Capital Avenue and 13th Street. Councilmembers Preisendorf and Samuleson voted nay. Approving Conditional Use Permit Renewal of CXT/LB Foster Company for Temporarv Placement of Office Buildings at 710 East US Highway 30. Motion by Pielstick, second by Larson to approve the renewal of a Conditional Use Permit to CXT/LB Foster Company with a 3 year term instead of 2 years. Councilmember Murray stated that that the City Zoning code does not allow for an extended term. Craig Lewis, Building Department Director agreed, stating that the Code would need to be changed in order to allow for an extended term. Motion by Pielstick to amend her original motion on the condition that the fee is waived for the last year. Second by Sorensen. Councilmember Preisendorf questioned whether the fee could be waived. Clarification was made by Charlie Cuypers City Attorney, that the fee can be waived for the last year with Council approval. Wayne Williams, Plant Manager was present on behalf of CXT/LB Foster Co. Upon roll call vote, Pielstick, Hosier, Seifert, Preisendorf, and Sorensen voted aye. Murray, Samuelson, Larson and Whitesides voted nay. Motion failed. Motion by Murray, second by Samuelson carried unanimously to approve the conditional use permit for 2 years. #2000-219 - Approving Budget for Business Improvement District #2, Downtown, and Setting Date for Board of Equalization. Motion by Samuelson, second by Sorensen to approve the budget for Business Improvement District #2, Downtown, and Setting September 12, 2000, for Board of Equalization. Maude Walters, 301 West Third Street, spoke concerning the budget for support staff. Charlie Cuypers, City Attorney, Cindy Johnson, Community Projects Director and Councilmember Murray, explained the budget and the changes within the Downtown Development Department. Upon roll call vote, Larson, Hosier, Seifert, Preisendorf, Whitesides, Samuelson, Murray and Sorensen voted aye. Pielstick voted nay. Motion adopted. REQUESTS AND REFERRALS: Reconsideration of Request of Central Nebraska Airport to Discharge Storm Sewer Water From Airport Property into the Capital Avenue Outfall Ditch. Steve Riehle, Public Works Director, presented the reconsideration to Council. He explained that this request was denied at the July 11, 2000, City Council Meeting and that a Councilmember who voted against the original motion may bring it back for reconsideration. Motion by Hosier, second by Whitesides that Council reconsider the request of Central Nebraska Airport to Discharge Storm Sewer Water from Airport Property into the Capital Avenue Outfall Ditch at their August 15, 2000 meeting. Ron Depue, 3002 Colonial Lane, Attorney for the Hall County Airport Authority, and Bill Stovall, Executive Director for the Airport spoke in favor of the motion to reconsider. Ned Meier, 720 Third Road, Lewis Kent, 624 East Meves Avenue and Donald Frauen, 1821 Fifth Road spoke in opposition. Upon roll call vote, Larson, Seifert, Preisendorf, Whitesides, Samuleson, Murray and Sorensen voted aye. Pielstick and Hosier voted nay. Motion adopted. RESOLUTIONS: I I I Page 8, City Council Regular Meeting, July 25,2000 #2000-223 - Approving Consideration of Budget Amendment. David Springer, Finance Director, reported that on August 16, 1999, the City council adopted the 1999-2000 Annual Budget Statement with Ordinance No. 8503. It is appropriate to amend the budget from time to time to address priorities that arise during the fiscal year. The budget amendment reallocates appropriation of $38,270.00 within the general fund for the purpose of providing for the replacement of a low power UHF Transmitter for GITV. Motion by Murray, second by Siefert to approve. Upon roll call vote, motion was adopted unanimously. #2000-224 - Approving Bid for Low Power UHF Transmitter. Cindy Johnson, Community Projects Director, reported on behalf of GITV that a request had been submitted for awarding a bid for a low power UHF Transmitter. A State Contract is available through EMCEE Broadcast Products of White Haven, Pennsylvania in the amount of $38,270.00. Motion by Siefert, second by Whitesides to approve. Upon roll call vote, motion was adopted unanimously. PAYMENT OF CLAIMS: Motion by Samuelson, second by Whitesides, carried unanimously to approve the Claims for the period of July 12, 2000 through July 25, 2000, Claims #93650 through #94218 and voided Claims #81030, #82778, #92899 and #93269. Counci1member Seifert abstained from voting on Claim #93816. ADJOURNMENT: The meeting was adjourned at 8:50 p.m. Respectfully submitted, .Qf\~ tQ~ RaNae Edwards City Clerk Amended Minutes adopted October 10,2000. Amended Ordnance #8611 amount of Electrical Bonds to $6,145,000.00.