Loading...
08/15/2000 Minutes I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING August 15, 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 August 10, 2000. Council President Doug Samuelson called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Samuelson, Preisendorf, Whitesides, Larson, Pielstick, Seifert, Sorensen, Ward, and Murray. Councilmember Hosier and Mayor Gnadt were absent. The following City Officials were present: City Administrator Marian Ferguson, Acting City Clerk Cindy Johnson, Finance Director David Springer, City Attorney Charlie Cuypers and Public Works Director Steve Riehle. RESERVE TIME TO SPEAKON AGENDA ITEMS: Five individuals reserved time to speak on agenda items. PRESENTATIONS AND PROCLAMATIONS: Council President Samuelson presented a certificate of appreciation and recognized Mrs. Leslie James for her generous gift of stock to the City for the construction of a trail that will loop around Suchs Lake and connect to the Be1tline hiker/biker trail. ADJOURN TO SOLID WASTE AGENCY: Motion by Murray, second by Preisendorf, carried unanimously to adjourn to the Solid Waste Agency. Public Hearing on Proposed 2000-2001 Grand Island Solid Waste Agency Budget. Steve Riehle, Public Works Director, reported that an InterIocal Cooperation Act Agreement creating the Grand Island Area Solid Waste Agency between the City of Grand Island and Hall County was approved on August 10, 1992 and that State law required a Public Hearing on the proposed annual budget. No public testimony was heard. #2000-SW A-2 - Approving Adoption of FY2000-200l Solid Waste Annual Budget. Steve Riehle, Public Works Director, reported that this item related to the aforementioned Public Hearing and that a budget had been developed for FY2000-2001 for the Agency and was the same as the City Solid Waste Division budget (Fund 505). Motion by Murray, second by Preisendorf, carried unanimously to approve. RETURN TO REGULAR SESSION: Motion by Pielstick, second by Murray, carried unanimously to Return to Regular Session. I I I Page 2, City Council Regular Meeting, August 15,2000 PUBLIC HEARING: Public Hearing on Request of Randy and Deb Wissing, 3011 West 16th Street, for a Conditional Use Permit for Construction of Garage Addition. Craig Lewis, Building Inspections Director, reported that Randy and Deb Wissing, owners, 3011 West 16th Street, had submitted a request with the City Clerk's Office for a Conditional Use Permit to allow for construction of a garage addition which would exceed the allowable square footage. 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: #8612 - Consideration of Creation of Sanitary Sewer #496, Western Heights Fourth Subdivision #8613 - Consideration of Vacation of Easement at 1810 South Locust Street #8614 - Consideration of Amendment to Chapter of City Code Relative to Body Piercing and Tattooing 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 first reading and then upon final passage and call for a roll call vote on each reading and then upon its final passage. Second by Pielstick. Upon roll call vote, all voted aye. Motion adopted unanimously. Council President: Is there any comment on these Ordinances? Councilmember Murray questioned what the qualifications would be for a temporary tattoo/body piercing license. Sheila Bjerrum, Health Department Director, reported that the requirements were the same as for a standard license but additionally the applicant had to provide proof of licensing from main location. City Clerk: Ordinances #8612, #8613, and #8614 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 #8612, #8613, and #8614 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. Council President: By reason of the roll call votes on the first reading and then upon final passage, Ordinances #8612, #8613, and #8614 are declared to be lawfully passed and adopted upon publication as required by law. #8615 - Consideration of FY2000-2001 Annual Single City Budget, the Annual Appropriations Bill, Including Addendum #1. Marian Ferguson, City Administrator, reported that the proposed FY 2000-2001 Annual Single City Budget was scheduled for consideration but due to a belief that there would be a number of elected officials absent at the meeting, he had stated that action would be delayed. Mr. Ferguson requested direction from the Council relative to proceeding with the Budget. It was the consensus of the Council that action should be delayed one week but that those individuals who had reserved time to speak should be I I I Page 3, City Council Regular Meeting, August 15,2000 allowed to do so. Chuck Haase, 3024 Colonial Lane, and Lewis Kent, 624 East Meves, spoke on the issue. CONSENT AGENDA: MarIan Ferguson, City Administrator, reported that item G-13 had been pulled off the agenda, pending a public hearing. Item G-lO was also pulled from the Consent Agenda due to audience questions. Motion by Pielstick, second by Ward, carried unanimously to approve the Consent Agenda, minus G-lO and G-13. Receipt of Official Documents, Including Minutes of Civil Service Commission meeting of June 21, 2000. Approving Minutes of July 25, 2000 City Council Regular Meeting, August 8, 2000 City Council Special Meeting, August 8, 2000 City Council Study Session and August 9, 2000 City Council Budget Work Session. Councilmember Ward abstained from item G2a. Councilmembers Pielstick and Preisendorf abstained from G2c. Approving Appointment of Mark Jorgensen to Hall County Board of Health for a Term to Expire June 30, 2003. Approving Request of Randy and Deb Wissing for Conditional Use Permit for Construction of a Garage Addition at 3011 West 16th Street. Approving Request of Patty Pryor for Liquor Manager Designation for Grand Island Pizza Hut, Inc., dba Pizza Hut, 1608 South Locust Street. Approving Ratification of Appointments to Fonner Park Exposition and Events Center, Inc. Board of Directors. It was noted that at the December 21, 1998 City Council Meeting, Resolution #98-332 was adopted supporting the application of Fonner Park to the Internal Revenue Service for a 501(c)(3) exemption for construction and operation of an Exposition and Events Center and that the Internal Revenue Service required that the election of the members of the Board of Directors of Fonner Park Exposition and Events Center, Inc. be ratified by the Grand Island City Council. Mike Johnson, attorney, and Hugh Miner, Jr. were present to answer any questions on the recommendation of the appointments of John Brownell, Vince Dowding, Brian Hamilton, Hugh Miner, Jr., and George Waintschke to the Board of Directors for the Fonner Park Exposition and Events Center, Inc. #2000-227 - Awarding Bid for Ryder Park Grandstand Cover to Chief Construction, Grand Island, Nebraska, in the Amount of $61,922. #2000-228 - Awarding Bid for Water Main Project 2000-W-4, Wellfield Expansion to General Excavating, Lincoln, Nebraska, in the Amount of $488,900.00. #2000-229 - Awarding Bid for Underground Electrical Equipment to WESCO, Grand Island, Nebraska, for 12 of the Items with a Total Award Amount of $92,971.98. #2000-230 - Awarding Bid for Pole Trailer to Sherman and Reilly, Inc., Chattanooga, Tennessee in the Amount of $13,500 plus tax for a total of $14,310. I I I Page 4, City Council Regular Meeting, August 15, 2000 #2000-231 - Awarding Bid for Well Construction - Well field to Sargent Drilling Company, Broken Bow, Nebraska in the Amount of $291,944.63. #2000-232 - Awarding Bid for Street Improvement District No. 1233, Juergen Road to Blessing, Inc., Kearney, Nebraska in the Amount of $120,476.01. #2000-233 - Awarding Bid for Web Server to Windstone, Inc., Lincoln, Nebraska, in the Amount of $27,253 for Phase 1. #2000-234 - Approving Final Plat and Subdivision Agreement for Pleasant Home 2nd Subdivision. It was noted that Bethphage, Inc. a Nebraska Non-Profit Corporation, owner, had submitted a final plat for Pleasant Home Second Subdivision, located southeast of Hope and Hedde Streets. Bonnard H. Blair and Mary V. Blair, owners, had submitted a final plat for Blair Subdivision, located on North Road east of Enterprise Avenue and Trust Street. #2000-235 - Approving Final Plat and Subdivision Agreement for Blair Subdivision. #2000-236- Approving Continuation and Construction of Sanitary Sewer District #492, R & B First and Second Subdivisions and a Portion of the SEl/4 of Section 11, TIIN, RIO West. #2000-238 - Approving Supplemental Agreement with Olsson Associates for Water Main Design in Conjunction with the South Locust Street Project Between Stolley Park Road and Highway 34. #2000-239 - Approving Supplemental Agreement with Nebraska Department of Roads Relative to the Construction of the South Locust Bridge Over the Wood River Floodway Channel and the Widening of South Locust Street from US Highway 34 South to the Corporate Limits. #2000-240 - Approving Adoption of Digital Version of the Grand Island Future Land Use Map. This item was removed from the agenda at the recommendation of staff. #2000-241 - Approving Change Order #1 to Contract with Castle Construction Company for Storm Drainage Project 2000-D-l in the Amount of $10,781.55. #2000-242 - Approving Request for Parking Restriction on the North and East Side of Grand Island Senior High School. #2000-237 - Approving Continuation and Construction of Sanitary Sewer District #493, Potash Subdivision. Steve Riehle, Public Works Director, reported that Sanitary Sewer District No. 493 had been created by Ordinance #8597 on June 13, 2000 Council Meeting by a petition request and that the protest period ended at 5:00 p.m. on July 20, 2000 for this District and there were 26 protests filed against this district or 37.7 %. It was recommended that the District be continued and constructed. Councilmember Murray moved to approve. Second by Preisendorf. Councilmember Seifert questioned what was allowed under an agricultural deferment. Mr. Riehle stated that he did not believe the farmer was going to request an agricultural deferment but if he did no assessments would be charged until the land was developed. Mr. Riehle added that without a deferment the farmer would begin to pay assessments at the same time that other property owners in the District did. City Attorney I I I Page 5, City Council Regular Meeting, August 15,2000 Charlie Cuypers noted that generally title companies want the assessments paid in full when the land is developed. Ronna Kutra, 115 Beechwood Drive, Stephanie Stanley, 121 Beechwood Drive, John Stanley, 121 Beechwood Drive, Greg Baxter, T & E Cattle Company, spoke in opposition to the continuation citing lack of understanding relative to the costs involved with the project and short time frames for property owners to react. David Nealon, 112 Beechwood Drive, spoke in support. Discussion was held on the notice given to property owners, and the neighborhood meetings that were held by Public Works staff to answer questions the property owners might have regarding the project. Mr. Riehle stated that the construction of the project would be reviewed to ensure as little damage as possible to existing trees and property. Councilmember Murray questioned the procedure used relative to purchasing property for the proposed storm sewer project that was being considered in conjunction with the sanitary sewer project. Mr. Riehle stated that the standard policies were followed. Mr. Cuypers added that the statutes prohibited the acquisition of land until a project was proposed so the property could not have been acquired beforehand. Upon roll call vote to approve the continuation and construction of the District, Larson, Seifert, Preisendorf, Whitesides, Ward, Samuelson, and Murray voted aye. Sorensen and Pielstick voted nay. Motion adopted. RESOLUTIONS: #2000-243 - Approving City Hall Building Policies. Cindy Johnson, Community Projects Director, reported that in 1993, the City Council adopted policies relative to the function and use of the City Hall and that over the course of the past seven years, the polices had been modified at an administrative level to reflect changes in the day to day management of the building. Ms. Johnson stated at in an effort to ensure uniformity in the application of the policies, department directors reviewed the existing Building Policies and provided suggestions for changes. Councilmember Seifert questioned the reduced access to the building for outside groups. Ms. Johnson and Craig Lewis, Building Inspections Director, reported that the reduced hours reflected the realistic expectations for the maintenance staff's workload. Motion by Sorensen, second by Murray to approve. Upon roll call vote, all voted aye. Motion adopted. #2000-244 - Approving Request for Handicapped Designated Parking Stall, North Side of First Street East of Eddy Street. Steve Riehle, Public Works Director, reported that the Public Works Department had received a request from Mick Brown, property ownerllandlord and tenant Charles Kazor to designate a handicapped parking stall in front of the apartment at 724/726 West First Street and that the Public Works Department recommended the designation of the first full size angle parking stall east of Eddy Street on the north side of First Street as a handicap stall. Motion by Sorensen, second by Ward to approve. Councilmember Seifert reiterated that this was not private parking and that any handicapped person could park in this designated space. Councilmember Preisendorf questioned off street parking in this area. Roll call vote was taken on the motion to approve. Upon roll call vote, Larson, Pielstick, Seifert, Whitesides, Samuelson, Ward, Murray and Sorensen voted aye. Preisendorf voted nay. Motion adopted. #2000-245 - Consideration of Repealing Resolution #2000-177 Relative to Purchase of Cemetery Lands. Charlie Cuypers, City attorney, reported that on June 13, 2000, the Mayor and City Council adopted Resolution #2000-177 authorizing acquisition of approximately 22 acres of land formerly known as the Webb Sale Barn property as an addition to the Grand Island Cemetery and that two of the three property owners had requested restructuring the I I I Page 6, City Council Regular Meeting, August 15,2000 transaction to allow them to give their interest in this property to two local non-profit corporations which would in turn sell the property to the City for the same terms originally agreed upon. Motion by Ward, second by Murray to approve. Chuck Haase, 3024 Colonial Lane, spoke in opposition citing concerns with use of cemetery trust fund for this purchase. Councilmember Seifert questioned the potential contamination of the land. Mr. Cuypers reported that a Level 2 Assessment had been completed and the soil samples indicated nothing other than routine nitrates, probably from fertilizer. Mr. Cuypers added that the cemetery fund was not established as a trust fund in the ordinance but rather as a maintenance fund and that municipalities were given authority under state statutes to budget dollars for future cemetery use. It was noted there was approximately $590,000 in the fund and that $40,000 was being used for operating costs. Councilmember Seifert questioned why the cemetery fund was not used when paving the cemetery was requested several years ago. Upon roll call vote to approve the motion, motion was adopted unanimously. PAYMENT OF CLAIMS: Motion by Whitesides, second by Sorensen, carried unanimously to approve the Claims for the period of July 26 through August 15, claims #93859, 93650, 93776, 80423, 83606, 93126, 91428, 91956, and 94219 through 95281. Councilmember Whitesides abstained on Claim 94401. ADJOURNMENT: The meeting was adjourned at 8:50 p.m. Jv~7td:~~mi~fl ~ ~dy te'~~I~~son . f Acting City Cle "