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05/08/2001 Minutes I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING May 8, 2001 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 May 8, 2001. Notice of the meeting was given in the Grand Island Independent on May 2,2001. Mayor Ken Gnadt called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Pielstick, Ward, Seifert, Larson, Hornady, Whitesides, Haase, Murray, Walker and Sorensen. The following City Officials were present: City Administrator Marian Ferguson, City Clerk RaNae Edwards, Finance Director David Springer, Public Works Director Steve Riehle and Assistant City Attorney Dale Shotkoski. PLEDGE OF ALLEGIANCE was said followed by INVOCATION given by Pastor Steve Warriner, Abundant Life Christian Center. RESERVE TIME TO SPEAK ON AGENDA ITEMS: No individuals reserved time to speak on agenda items. PRESENTATIONS AND PROCLAMATIONS: Presentation by Jennifer Worthington, Leadership Tomorrow "It's About Kid's" Year End Report. Executive Director Jennifer Worthington, for Youth Leadership Tomorrow, presented the Year End Report for the "It's About Kid's" program. Proclamation "Tourism Week" May 7-1 L 2001. Mayor Gnadt proclaimed the week of May 7- 11, 2001 as "Tourism Week". Tricia Beem, Renee' Seifert and Nancy Nickels representing the Hall County Convention & Visitors Bureau were present for the presentation. Update by Bill Stovall, Central Nebraska Regional Airport Manager, Regarding Recruitment Efforts. Bill Stovall, Central Nebraska Regional Airport Manager updated the City Council on recruitment efforts for an aviation-related business. Grand Island has been selected from six communities as a possible location for the company. Introduced was Steve Kunzman, Chairman for the Economic Development Corporation. PUBLIC HEARINGS: Public Hearing on Acquisition of Utility Easement in the Alleyway Between 2nd Street and 3rd Street from Clark Street to Eddy Street (Clair Wilson) Bob Smith, Assistant Utilities Director, reported that acquisition of utility easement located in the alleyway between 2nd Street and 3rd Street from Clark Street to Eddy Street was required. This easement will be used to locate two I I I Page 2, City Council Regular Meeting, May 8, 2001 pad mounted transformers as an extension to the Downtown Underground Project. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Between Old Highway 30 and New Highway 30, South of Diamond Plastics (Charles E. & Dorothy G. Aubushon and Chris A. & Anne Catherine Aubushon - Lot 22) Bob Smith, Assistant Utilities Director, reported that acquisition of utility easement located between Old Highway 30 and New Highway 30, south of Diamond Plastics was required. This easement will locate an anchor and downguy to back up the overhead power line serving C & C Millwork. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Between Old Highway 30 and New Highway 30, South of Diamond Plastics (Charles E. & Dorothy G. Aubushon and Chris A. & Anne Catherine Aubushon - Lot 31) Bob Smith, Assistant Utilities Director, reported that acquisition of utility easement located between Old Highway 30 and New Highway 30, south of Diamond Plastics is required. This easement will locate an overhead pole, anchor, and pad mounted transformer to serve the increased load of C & C Millwork. No public testimony was heard. Public Haring on Acquisition of Utility Easement North of Old Highway 30, East of Claude Road (Billy J. Nesiba, Sf. & Carol A. Nesiba) Bob Smith, Assistant Utilities Director, reported that acquisition of utility easement located north of Old Highway 30, east of Claude Road was required. This easement will be used to locate primary underground cable and a pad mounted transformer to serve increased loads at Action Art and Bill's Custom Auto Sales. No public testimony was heard. Public Hearing on Acquisition of Utility Easement The Northeast Comer of the Central Community College Campus - 3134 West Highway 34 Bob Smith, Assistant Utilities Director, reported that acquisition of utility easement located in the northeast comer of the Central Community College Campus - 3134 West Highway 34 was required. This easement will be used to locate underground power cables and a pad mounted transformer to serve two new student housing apartment buildings. No public testimony was heard. Public Hearing on Request of Timothy Koehn for Conditional Use Permit for Permanent Residence at 402 Arapahoe Avenue. Craig Lewis, Building Department Director, reported that Timothy Koehn, 402 Arapahoe Avenue, had submitted an application with the City Clerk's Office for a Conditional Use Permit to allow for the continued placement of a mobile home at the site, as a temporary building, during construction of a permanent dwelling at 402 Arapahoe Avenue. No public testimony was heard. Public Hearing on Request of Marcus Moreno and Patricia Moreno, dba Ma'z Liquor, 2215 West 2nd Street, for Class "D" Liquor License. RaNae Edwards, City Clerk, reported that Marcus Moreno and Patricia Moreno, dba Ma'z Liquor, had submitted an application with the City Clerk's Office for a Class "D" Liquor License. A Class "D" Liquor License allows for the sale of alcoholic liquor, off sale only, inside the corporate limits of the City of Grand Island. Ms. Edwards offered the following exhibits for the record: Application submitted to the Liquor Control Commission and received by the City on April 26, 2001; notice to general public of date, time, and place of hearing published on April 30, 2001; notice to applicant of date, time, and I I I Page 3, City Council Regular Meeting, May 8, 2001 place of hearing mailed on April 26, 2001, departmental reports as required by law; and Chapter 4 of the 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 ordinance numbered: #8670 - Consideration of Amendment to Chapter 22 of the Grand Island City Code Relative to Speed Limits in Construction Zones 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 final passage and call for a roll call vote on each reading and then upon final passage. Councilmember Seifert seconded the motion. Upon roll call vote, all voted aye. Motion adopted. Mayor: It there anyone in the audience interested in this ordinance? There was no comment. City Clerk: Ordinance #8670 on first reading. All those in favor of the passage ofthis ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion was adopted. City Clerk: Ordinance #8670 on 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 was adopted. Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinance #8670 is declared to be lawfully passed and adopted upon publication as required by law. CONSENT AGENDA: Councilmember Homady requested that item G-6 be removed from the Consent Agenda. Councilmember Haase requested that item G-4b be removed from the Consent Agenda. Motion by Pie1stick, second by Seifert, carried unanimously to approve the Consent Agenda minus items G-4b and G-6. Approving Minutes of April 24, 2001 City Council Regular Meeting. Councilmember Homady abstained. Approving Minutes of May 1, 2001 Citv Council Studv Session. Councilmember Homady abstained. Approving Request of Marcus Moreno and Patricia Moreno, dba Ma'z Liquor, 2215 West 2nd Street, for Class "D" Liquor License. Approving Request of Gregorv A. Greet, 4119 Hartford Street, for Liquor Manager Designation for Kmart Corporation dba Big Kmart #3907,3535 West 13th Street. Approving Request of George P. Kurtz, Grand Island, for Liquor Manager Designation for Albertson's, Inc. dba Albertson's #2265, 1215 Allen Drive. I I I Page 4, City Council Regular Meeting, May 8,2001 Approving Request of David L. West, 1414 St. Paul Road #37, for Liquor Manager Designation for Fontenelle Oil Co., dba Holiday Station Store #114, 1404 West 2nd Street. Councilmember Pielstick voted nay. Approving Request of Ronald L. Kiger, 5113 Nicholas Street, Omaha, Nebraska, for Liquor Manager Designation for Kum & Go L.C. dba Kum & Go #340, 2322 South Locust Street. Approving Request of Ronald L. Kiger, 5113 Nicholas Street, Omaha, Nebraska, for Liquor Manager Designation for Kum & Go L.C. dba Kum & Go #339,1124 North Broadwell. #2201-112 - Approving Acquisition of Utility Easement in the Alleyway Between 2nd Street and 3rd Street from Clark Street to Eddy Street (Clair Wilson). Councilmember Pielstick voted nay. #2001-113 - Approving Acquisition of Utility Easement Between Old Highway 30 and New Highway 30, South of Diamond Plastics (Charles E. & Dorothy G. Aubushon and Chris A. & Anne Catherine Aubushon - Lot 22). #2001-114 - Approving Acquisition of Utility Easement Between Old Highway 30 and New Highway 30, South of Diamond Plastics (Charles E. & Dorothy G. Aubushon and Chris A. & Anne Catherine Aubushon - Lot 31 ). #2001-115 - Approving Acquisition of Utility Easement North of Old Highway 30, East of Claude Road (Billy J. Nesiba, Sf. & Carol A. Nesiba). #2001-116 - Approving Acquisition of Utility Easement in the Northeast Corner of the Central Community College Campus - 3134 West Highway 34. #2001-117 - Awarding Contract for Generator Retaining Ring Replacement to Regenco, West Allis, Wisconisn, in the Amount of $1 00,250.00. #2001-119 - Awarding Contract for Skate Park Pad to Galvan Construction, Grand Island, Nebraska, in the Amount of $65,682.50. #2001-120 - Approving Amendment to Agreement with Grand Island Dive Rescue Team, Inc. #2001-122 - Approving Final Plat and Subdivision Agreement for Grand West 2nd Subdivision. It was noted that Grand West L.L.C., owners, had submitted a final plat for Grand West 2nd Subdivision, located along Allen Avenue northeast of Mansfield Road and that this plat proposed to create 27 lots in the SE1/4 of Section 11-11-10. #2001-118 - Awarding Contract for Installation of Irrigation System for Webb Road Athletic Field to Tilley Sprinkler Systems, inc., Grand Island, Nebraska, in the Amount of $139,955.00. Councilmember Haase questioned the removal of concrete at the Webb Road Athletic Field. Parks & Recreation Director Steve Paustain explained the process in which this will be done. I I I Page 5, City Council Regular Meeting, May 8, 2001 Tim O'Neill, 1203 South Sylvan Street, spoke in support. Motion by Murray, second by Ward, carried unanimously to approve. #2001-121 - Approving Agreement with State of Nebraska Department of Roads to Roadway Lighting on U.S. Highways 281 and 34. Steve Riehle, Public Works Director, recommended that the City approve an Agreement with the Nebraska Department of Roads (NDOR) for Roadway Lighting on portions of U.S. Highways 281 and 34, from 1-80 to Stolley Park Road. Mr. Riehle stated that the City will participate in 50% cost share with the NDOR. The estimated construction cost for the roadway lighting is $891,450.00 of which the City's share will be $445,725.00 to be funded with a portion of Federal Surface Transportation Funds (STP). The Agreement formalizes the requirements for both parties to comply with the federal requirements. Renee' Seifert representing the Hall County Convention & Visitors Bureau spoke in support. Councilmember Whitesides spoke regarding the safety issues. Motion by Walker, seconded by Murray, carried unanimously to approve. REQUEST AND REFERRALS: Denial of Consideration of Request of Timothy Koehn for Conditional Use Permit for Permanent Residence at 402 Arapahoe Avenue. Motion by Ward, second by Seifert, to approve the request of Timothy Koehn for a Conditional Use Permit for permanent residence at 402 Arapahoe Avenue. Councilmember Pielstick questioned whether the area was primarily mobile homes. Building Director Craig Lewis stated that it was. Further discussion was had regarding the time period for the pennit and what recourse the City would have if problems arose. Councilmember Larson made a friendly amendment to the motion to make this a 6 month permit from the date of issuance of the building permit. Councilmember Seifert accepted the friendly motion. Upon roll call vote, motion passed unanimously. PAYMENT OF CLAIMS: Motion by Whitesides, second by Hornady, carried unanimously to approve the Claims for the period of April 25, 2001 through May 8, 2001, claims #104837 and #105443 through #105951 for a total claims amount of $1 ,289,334.92. ADJOURNMENT: The meeting was adjourned at 8: 1 0 p.m. Respectfully submitted, QJ\QL tI)LO()~ RaNae Edwards City Clerk