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12/18/2001 Minutes I I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING December 18, 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 December 18, 2001. Notice of the meeting was given in the Grand Island Independent on December 12, 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 Marlan Ferguson, City Clerk RaNae Edwards, Finance Director David Springer, Public Works Director Steve Riehle and City Attorney Charlie Cuypers. PLEDGE OF ALLEGIANCE was said followed by the INVOCATION given by Pastor Todd Bowen, Covenant Presbyterian Church, 418 West 12th Street. PRESENTATIONS AND PROCLAMATIONS: Recognition of Dan Neville 1st Place Winner and Arley Pickinpaugh 3rd Place Winner at the 2001 National SW ANA Heavy Equipment ROAD-E-O Competition. The Mayor presented certificates of accomplishments to Dan Neville and Arley Pickinpaugh, Solid Waste Division employees who recently participated in the National Solid Waste Association North America Road-e-o landfill equipment competition. Dan Neville placed 1st in the Articulated Loader Division and Arley Pickinpaugh placed 3rd in the Compactor Division. Steve Riehle, Public Warks Director, introduced Kevin McKennon, Solid Waste Division Superintendent. Presentation by Betty Curtis Regarding Hazardous Waste Collection Report. Betty Curtis representing the Clean Community Systems presented to the Mayor and City Council a report on the Hazardous Waste Collections. Presentation by Betty Curtis to the Fire Department a Thermal Imaging Camera. Betty Curtis representing Clean Community Systems explained that this was a community effort in raising money for the thermal imaging camera. Dave White, President of Sertoma, presented the thermal imaging camera to the Fire Department. Presentation of the Electric and Water Annual Audits. Shelly Stromp, Senior Manager with KPMG, presented the Independent Auditors' Report of the Financial Statements relative to the City of Grand Island Electric Department and Water Department, for the year ended September 30,2001. No major issues were noted in the audits and an unqualified report was given which is the highest rating. I I I Page 2, City Council Regular Meeting, December 18,2001 Presentation on the Comprehensive Human Service Needs Assessment. Tim Keelan representing Hanna:Keelan, Lincoln, Nebraska, presented the findings from the Community Human Service Needs Assessment. The Assessment was a collaborative effort of the City of Grand Island Community Youth Council, Heartland United Way, the Commission on Innovation and Restructuring, Grand Island Community Foundation, St. Francis Medical Foundation, and the Nebraska Foundation for Children and Families. The assessment will help guide the efficient delivery of services in Grand Island for the next several years. Presentation on the Housing Study. Tim Keelan representing Hanna:Keelan presented the findings of the recently completed housing market study. The City of Grand Island, with grant funding from the Nebraska Department of Economic Development and the Community Redevelopment Authority, undertook a comprehensive look at housing needs in Grand Island. The information obtained assists in development of community housing goals, identifies needed housing types/price products, designates future housing locations, and lists possible present obstacles or barriers that may now exist that prevent the provision of needed housing. The study is available to developers, funding entities, city staff, and other interested persons. The last housing study completed by the City was in 1995; up to date information was required by the Department of Economic Development, Community Development Block Grant Program. PUBLIC HEARINGS: Public Hearing on Request for Annexation of Property Being Platted as B & C Subdivision, Located South of Stolley Park Road and West of Stuhr Road. Chad Nabity, Planning Director, reported that annexation of property being platted as B & C Subdivision an addition to the City of Grand Island was requested. The property is located South of Stolley Park Road, and West of Stuhr Road in part of the SE 1/4 of 22-11-09. No public testimony was heard. Public Hearing on Request of Heartland Insurance Pool, Inc. for a Conditional Use Permit for a Salvage Yard Located at 1203 East Airport Road. Craig Lewis, Building Department Director, reported that Heartland Insurance Pool Inc. requested a conditional use permit to operate a salvage yard at 1203 E. Airport Road. This is the location of an existing conditional use permit which allows for the storage of disabled vehicles, issued in 1997. The permit issued in 1997 had three requirements: 1) perimeter fencing shall be a minimum of eight feet in height and visually screen the stored vehicles from public view; 2) vehicles stored shall be organized in rows, with no stacking; and 3) landscaping shall be provided and maintained along Airport and St. Paul roads. The property is currently zoned M-2 Heavy Manufacturing, that zoning classification requires operations such as this to obtain approval from the City Council in the form of a conditional use permit. Approval appeared reasonable, with the same restrictions applied and the fencing modified to include eight feet in height along the south side. Mike Merrill, President of Heartland Insurance Pool, Inc. was present. Oscar Bredthauer, 3230 North St. Paul Road, questioned the burning of vehicles and the physical appearance of the salvage yard. Mr. Merrill stated that they would not be burning vehicles and that an eight foot fence would surround the salvage yard. No further public testimony was heard. Public Hearing on Acquisition of Utility Easement Located at 1405 Highwav 34 West (Beverlv Enterprises-Nebraska, Inc.) Gary Mader, Utilities Director, reported that acquisition of a utility I I I Page 3, City Council Regular Meeting, December 18,2001 easement relative to property of Beverly Enterprises-Nebraska, Inc. (known locally as Lakeview Nursing Home), located at 1405 Highway. 34 West was required in order to have access to install, upgrade, maintain, and repair power appurtenances. Beverly Healthcare Lakeview had added additional rooms to the building creating the need for additional electrical power. This easement would be used to locate underground primary electrical cable and a pad mounted transformer to serve the entire facility. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located North of Stolley Park Road and East of Stuhr Road. (Robert K. and Judith K. Poland). Gary Mader, Utilities Director, reported that acquisition of a utility easement relative to the property of Robert K. and Judith K. Poland, located in Section 23-11-9, north of Stolley Park Road and approximately 1/4 mile east of Stuhr Road, was required in order to have access to install, upgrade, maintain, and repair power appurtenances. This easement would be used for an overhead distribution line originally constructed over 20 years ago. A termination pole had to be moved. To make sure the pole remained in the easement, an investigation of the property documents was completed. This revealed that no easement existed. This easement document would correct that situation and allow for the relocation of the termination pole. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located at 1508 East Stolley Park Road. (Richard D. Na Jacqueline A. Rezac) Gary Mader, Utilities Director, reported that acquisition of a utility easement relative to the property of Richard D. and Jacqueline A. Rezac, located at 1508 East Stolley Park Road was required in order to have access to install, upgrade, maintain, and repair power appurtenances. This easement would be used for an overhead distribution line originally constructed over 20 years ago. A termination pole had to be moved. To make sure the pole remained in the easement, an investigation of the property documents was completed. This revealed that no easement existed. The easement document would correct that situation and allow for the relocation of the termination pole. ORDINANCES: Councilmember Sorensen made a motion to table Ordinance #8708 to a study session. Second by Whitiesides. Motion carried unanimously. #8708 - Consideration of Salary Increase for City Council and Mayor Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinance numbered: #8707 - Consideration of Annexation of Property Being Platted as B & C Subdivision, Located South of Stolley Park Road and West of Stuhr Road 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 these 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 Homady seconded the motion. Upon roll call vote, all voted aye. Motion adopted. I I I Page 4, City Council Regular Meeting, December 18,2001 Mayor: Is there anyone in the audience interested in this ordinance? No public testimony was heard. City Clerk: Ordinance #8707 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. City Clerk: Ordinance #8707 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. Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinance #8708 is declared to be lawfully passed and adopted upon publication as required by law. CONSENT AGENDA: Motion by Pielstick, second by Ward, carried unanimously to approve the Consent Agenda. Approving Minutes of December 4,2001 City Council Regular Meeting._Councilmember Ward abstained. Approving Minutes of December 11, 2001 City Council Special Meeting. Councilmember Pielstick abstained. Approving Minutes of December 11, 2001 City Council Study Session. Councilmember Pie1stick abstained. Approving Councilmember Appointments to Boards and Commissions, Including Glen Murray to the Legislative Committee - League Board: Joyce Haase and Tom Ward to the Regional Planning Commission: Glen Murray and Fred Whitesides to the Joint City/County Facilities: Margaret Hornady and Jackie Pielstick to the Downtown Development Board: Larry Seifert to the Transportation Committee: Jackie Pielstick to the Community Development Board: Gale Larson to Systems (Information): Gale Larson to the Grand Island Economic Development Corporation Board: Bob Sorensen to the Board of Health: Glen Murray and Fred Whitsides to the Odor Committee: Jackie Pielstick to the Problem Resolution Team: Larry Seifert, Bob Sorensen and Fred Whitesides to the City/County Communications Board and Scott Walker to the Building Code Advisory Board. Approving Appointment of Tom Emerton, Cindy Duff and Sharon Walsh to Business Improvement District #2. Approving Request of Heartland Insurance Pool, Inc. for Conditional Use Permit for a Salvage Yard Located at 1203 East Airport Road. Approving Request of Kenneth Stiles, 3333 Ramada Road, for Liquor Manager Designation for Stratford Plaza, LLC dba Best Western Riverside Inn, 3333 Ramada Road. Approving Preliminary Plat for Starostka Subdivision. It was noted that Starostka Group Co., owners, had submitted a preliminary plat for Starostka Subdivision, located north of Old I I I Page 5, City Council Regular Meeting, December 18, 2001 Highway 30 and west of Industrial Lane for the purpose to re-subdivide all of Lot 11, and part of Lot 10 Commercial Industrial Park Subdivision. #2001-337 - Approving Acquisition of Utility Easement Located at 1405 Highway 34 West. (Beverly Enterprises-Nebraska, Inc.) #2001-338 - Approving Acquisition of Utility Easement Located North of Stolley Park Road and East of Stuhr Road. (Robert K. and Judith K. Poland) #2001-339 - Approving Acquisition of Utility Easement Located at 1508 East Stolley Park Road. (Richard D. and Jacqueline A. Rezac) #2001-340 - Approving Purchase of Mobile Video Cameras from Sur-Tec, Inc. Kansas City, Missouri, in the Amount of$17,128.00. #2001-341 - Awarding Bid for 2002 Truck with Chipping Box to Nebraska Truck Center, Inc., Grand Island, Nebraska, in the Amount of$49,515.00. #2001-342 - Approving Rental Agreement for Uniform Rental for Utilities and Public Works Employees to Paramount/Liberty Linen and Uniform Rental, Lincoln, Nebraska. #2001-343 - Approving Contract for Protective Relay Panels to Harlo Corporation, Gradville, Michigan, in the Amount of $98,600.00. #2001-344 - Awarding Bid for Precast Concrete to American Concrete Products Company, Omaha, Nebraska, in the Amount of $42,002.00. #2001-345 - Approving Contract for Design, Detailing, Furnishing, Fabrication and Delivery of Steel Structures for Combustion Turbine at Burdick Station to Valmont Industries, Tulsa, Oklahoma, in the Amount of$151,785.00. #2001-346 - Approving Final Plat and Subdivision Agreement for B & C Subdivision. It was noted that Robert & Cindy Loewenstein, owners, had submitted the final plat for B & C Subdivision, located in the SE 1/4 of 22-11-9 for the propose to create 2 lots on a currently unplatted parcel of land. #2001-347 - Approving Final Plat and Subdivision Agreement for Crane Valley 4th Subdivision. It was noted that Concord Development, owners, had submitted the final plat for Crane Valley 4th Subdivision, located North of Diers Avenue, and East of Concord Avenue, in the City of Grand Island for the propose of re-subdividing all of lot 1 & 2 Crane Valley 3rd Subdivision into 4 lots. #2001-348 - Approving Final Plat and Subdivision Agreement for Paustian 2nd Subdivision. It was noted that Terry Walter, owner, had submitted the final plat for Paustian 2nd Subdivision, located North of Seedling Mile Road, between Gunbarrel & Shady Bend Road for the puropose of re-subdividing all of lot 2 Paustian Subdivision into 2 lots. I I I Page 6, City Council Regular Meeting, December 18, 2001 #2001-349 - Approving a 20 Minute Express Zone Parking Space at 414 West 3rd Street. #2001-350 - Approving Time Extension to the Contract with The Diamond Engineering Company, Grand Island, Nebraska, for Sanitary Sewer Districts #492 and #493 to July 15,2002 Completion Date. #2001-351 - Approving Certificate of Final Completion with Galvan Construction, Grand Island, Nebraska, for Sidewalk District No. L 2001 and Setting the Board of Equalization Date for January 22,2002. #2001-352 - Approving Change Order #1 to the Contract with Hooker Brothers Construction Company, Grand Island, Nebraska for Ash Pond Phase I Closure for an Increase of $2,830.00 and a Revised Contract Amount of $57,275.00. #2001-353 - Approving First Addendum to the Interlocal Cooperation Agreement for the City/County Geographic Information System (GIS). #2001-354 - Ap?roving Amendment to the Architectural Agreement for the Library with The Clark Enersen Partners, Lincoln, Nebraska. #2001-314 - Approving Employee Handbook. #2001-355 - Approving FY 2000-3001 Year End Encumbrances to Amend FY 2001-2002 Annual Budget. RESOLUTIONS: #2001-356 - Consideration of Designating December 24, 2001 as a Holiday. Marlan Ferguson, City Administrator reported that the Federal, State and County offices will be closed Monday, December 24, 2001 as part of the Christmas holiday and recommended that the City declare Monday, December 24, 2001 a paid holiday for City employees and all City offices be closed. Councilmember Hornday read a statement concerning the costs and better planning in the future. Motion by Seifert, second by Hornady, carried unanimously to approve. PAYMENT OF CLAIMS: Motion by Whitesides, second by Seifert, carried unanimously to approve the Claims for the period of December 5, 2001 through December 18, 2001, claims #114182, #113394, #113416, #112569, 114370, #114407 and #114308 through #114935 for a total amount of $2,016,476.42. EXECUTIVE SESSION: Motion by Ward, second by Seifert, carried unanimously to adjourn to executive session at 8:45 p.m. for the purpose of discussing two pending litigation issues. I I I Page 7, City Council Regular Meeting, December 18,2001 RETURN TO REGULAR SESSION: Motion by Hornady, second by Sorensen, carried unanimously to reconvene in regular session at 9:35 p.m. ADJOURNMENT: The meeting was adjourned at 9:35 p.m. Respectfully submitted, Rcf\O:L CCOLU~ RaN ae Edwards City Clerk