11/21/2000 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
November 21,2000
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 November 21,2000. Notice of the meeting was given in the Grand Island Independent
on November 15, 2000.
Council President Doug Samuelson called the meeting to order at 7:00 p.m. The following
members were present: Councilmembers Larson, Pielstick, Hosier, Seifert, Preisendorf,
Whitesides, Samuelson, Murray Ward and Sorensen. Mayor Ken Gnadt 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 Steve Riehle
Public Works Director.
PLEDGE OF ALLEGIANCE was said followed by an It's About Kids! Asset which was
presented by Stacy Gilbert.
RESERVE TIME TO SPEAK ON AGENDA ITEMS: No individuals reserved time to speak on
agenda items.
PRESENTATIONS AND PROCLAMATIONS:
Proiect Hunger Presentation. Al Knoepfel, 427 Holcomb Street, spoke regarding Project Hunger
and the "First Annual" Harvest Festival which will be held December 3,2000 at Fonner Park.
One-Stop Center Update. Cindy Johnson, Community Projects Director and Marvin Webb
representing Webb and Company Architects, presented an update of the One-Stop Center to be
located at 1306 West 3rd Street. The Work Force Investment Act, plans and specification were
discussed.
PUBLIC HEARINGS:
Public Hearing on Acquisition of Right of Way for Hike/Bike Trail Located North of the
Existing Drainage Ditch South of Cannon Road Between Mansfield Road and North Road, Lot
2, Burris Subdivision. Charlie Cuypers, City Attorney, reported that at the October 24, 2000
City Council meeting the Council approved Resolution #2000-320 allowing for the acquisition of
right-of-way along a hikelbike trail that would connect Shoemaker elementary School and
Westridge Middle School to the State Street Hike/Bike Trail. Lot 2, Burris Subdivision was
inadvertently missed at that meeting. Bob Zweibel, 4089 Cannon Road and Jim Pedersen, 4069
Cannon Road spoke in opposition. No additional public testimony was heard.
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Page 2, City Council Regular Meeting, November 21,2000
Public Hearing on Acquisition of Right ofWav for Extension of Juergen Road. Charlie Cuypers,
City Attorney, reported that right-of-way is required in order to extend Juergen Road to
Schimmer Drive as well as acquire public utility easements necessary for electric, water and
sanitary sewer service. Mr. Cuypers stated that Louis E. and Virginia B. Graham have agreed to
sell 3.343 acres to the City of Grand Island for a purchase price of $6,000.00 per acre. No public
testimony was heard.
Public Hearing on Exchange Agreement for Interest in Segment of Hike/Bike Trail Located East
of Adam Street. Mr. Cuypers, City Attorney, reported that a segment of the BN Beltine
Hike/Bike Trail right-of-way adjoins the property owned by the O'Neill family near the
intersection of Adams Street and Oklahoma Street, which has been used for storage and parking
of equipment. Mr. Cuypers stated that the O'Neill family claims an interest in the former railroad
right-of-way based on their use of the property. An exchange Agreement has been negotiated
with the O'Neill family, whereby the City will give the O'Neill's a deed for Lot Two, Industrial
Second Addition and the O'Neill's will give the City a quitclaim deed for their claimed interest
in the hike/bike trail right-of-way as well as a triangular piece of land running sixty feet east
from Adams Street between the trail and Oklahoma Street, along with $2,500.00 for the
exchange. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located to the North of U.S. Highway 30
Between Stuhr Road and Shady Bend Road (Global Industries, Inc.). Gary Mader, Utilities
Director, reported that acquisition of an easement located north of U.S. Highway 30 between
Stuhr Road and Shady Bend Road, was required to locate to extend primary underground cable
and add a pad mounted transformer to serve the office of MFS/Y ork. Approval was
recommended. No public testimony was heard.
Public Hearing on Request of Dolphin Enterprises Nebraska, LLC dba Conoco Cafe, 2107 West
2nd Street, for Class "C" Liquor License. RaNae Edwards, City Clerk, reported that Dolphin
Enterprises Nebraska, LLC dba Conoco Cafe, 2107 West 2nd Street, had submitted an application
with the City Clerk's Office for a Class "C" Liquor License. Ms. Edwards presented the
following exhibits for the record: application submitted to the Liquor Control Commission and
received by the City on November 8, 2000; notice to applicant of date, time, and place of hearing
mailed on November 8, 2000; notice to general public of date, time, and place of hearing
published on November 10, 2000; Chapter 4 of City Code and some departmental reports as
required by City Code. 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:
#8637 - Considering Suspension of Electric Rate Fuel Adder
#8638 - Considering Issuance of 2000 Bond Anticipation Note for South Locust
Improvement Project Between Highway 34 and Stolley Park Road
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Page 3, City Council Regular Meeting, November 21,2000
#8639 - Considering Issuance of Various Purpose Bonds for the Purpose of Paying the
Cost of Street Improvement Districts No. 1212 and No. 1218
#8640 - Considering Conveyance of Lot 2 Industrial Second Addition as Part of
Exchange Agreement
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. Councilmember
Murray seconded the motion. Upon roll call vote, all voted aye. Motion adopted.
Council President: Is there anyone in the audience interested in these ordinances? There was no
comment.
City Clerk: Ordinances #8637, #8638, #8639 and #8640 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 was adopted unanimously.
City Clerk: Ordinances #8637, #8638, #8639 and #8640 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 was adopted unanimously.
Council President: By reason of the roll call votes on first reading and then upon final passage,
Ordinances #8637, #8638, #8639 and #8640 are declared to be lawfully passed and adopted upon
publication as required by law.
CONSENT AGENDA: Councilmember Sorensen requested item G-5 be removed from the
Consent Agenda. Motion by Pielstick, second by Ward, carried unanimously to approve the
Consent Agenda excluding item G-5.
Approving Minutes of November 6,2000 City Council Regular Meeting. Councilmember Ward
abstained from voting on ths item.
Approving Minutes of November 14, 2000 City Council Study Session. Councilmember
Pielstick and Ward abstained from voting on this item.
Approving Appointment of Dr. James Kimbrouf?h to Animal Advisory Board for a Term
Effective Immediately and Expiring September 14, 2001.
Authorizing Expenditures Associated with Project Impact Volunteers Responsibilities.
Approving Request of Dolphin Enterprises Nebraska, LLC dba Conoeo Cafe, 2107 West 2nd
Street, for Class "C" Liquor License.
Approving Request of Layket MD Khan for Liquor Manager Designation, Dolphin Enterprises
Nebraska, LLC dba Conoeo Cafe, 2107 West 2nd Street.
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Page 4, City Council Regular Meeting, November 21, 2000
#2000-350 - Approving Acquisition of Right of Way for Extension of Juergen Road (Louis E.
and Virginia B. Graham).
#2000-351 - Approving Exchange Agreement for Interest III Segment of Hike/Bike Trail
Located East of Adam Street (O'Neill).
#2000-352 - Approving Acquisition of Utility Easement to the North of U.S. Highway 30
Between Stuhr Road and Shady Bend Road (Global Industries, Inc.).
#2000-353 - Awarding Contract for Council for International Visitors for $500.00.
#2000-354 - Approving Limited Software License Agreement with Applied Synergistics,
Lynchburg, Virginia for Soot Blower Control Software.
#2000-355 - Approving Contract with The Diamond Engineering Company, Grand Island,
Nebraska for the South Locust Improvement District #1221 in the Amount of $4,996,1 17.48.
#2000-356 - Approving Certificate of Final Completion for Storm Drainage Project 2000-D-2.
#2000-357 - Approvin~ Maintenance Agreement Renewal No. 12 with State of Nebraska
Department of Roads.
#2000-358 - Approving Completed List for Connection Fees for Water Main District #430T,
Stuhr Road and Bismark Road.
#2000-359 - Approving Modification to Speed Limits - Highway #2 - West of Diers Avenue to
West ofO'F1annagan Street and Highway #2 - West of 0' Flannigan Street to Broadwell Street-
50 mph.
#2000-360 - Approving Acquisition of Two Tracts of Real Estate on South Locust Street
Between Stolley Park Road and Highway 34 by Eminent Domain.
#2000-349 - Approving Acquisition of Right of Way for Hike/Bike Trail, Lot 2, Burris
Subdivision, (Lance and Sherry Hermansen). Motion by Sorensen, second by Whitesides to
table this matter to a study session. Councilmember Sorensen stated he felt this should be tabled
to a study session to allow more time for landowners to get information concerning the hike/bike
trail. Councilmember Murray questioned whether we should go ahead with this item as there is
only one lot involved and that the other lots had been approved by council at the October 24,
2000 meeting or whether we should bring back the entire hike/bike trail property to a study
session. Upon roll call vote, Larson, Pielstick, Hosier, Seifert, Whitesides, Ward, Samuelson and
Sorensen voted aye. Preisendorf and Murray voted nay. Motion adopted.
REQUESTS AND REFERRALS:
Approving Request of Tri City Sign Company for Amendment to Section 31-20 of City Code
Relative to Signs in Residential Districts. Craig Lewis, Building Director, reported that Tri City
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Page 5, City Council Regular Meeting, November 21,2000
Sign Company and Equine Veterinary Associates at 1009 East Stolley Park Road, had requested
an amendment to Section 31-20 of the Grand Island City Code to allow more square footage in a
Transitional Agricultural (TA) zone of 20 acres or more. Mr. Lewis recommended that staff
develop an amendment to the city code and bring that recommendation to the Council for
approval within the next 30 days. Councilmember Pielstick mentioned that she felt a committee
should be created to keep uniformity within the City Code. Mr. Lewis agreed and said that he felt
the area in question here should be no problem. Motion by Larson, second by Sorensen, that staff
make a recommendation within 30 days to council amending Section 31-20 of City code.
Adopted unanimously.
PAYMENT OF CLAIMS: Motion by Murray, second by Priesendorf, carried unanimously to
approve the Claims for the period of November 7 through November 21, 2000, claims #96155,
#98043, #98288 and #98604 through #99214 for a total claims amount of$3,001,540.99.
ADJOURNMENT: The meeting was adjourned at 8:05 p.m.
Respectfully submitted,
Q~\\~ ~
RaN ae Edwards
City Clerk