03/13/2000 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
March 13, 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 March 8, 2000.
Council President Doug Samuelson called the meeting to order at 7:00 p.m. in Mayor Gnadt's
absence. The following members were present: Council President Samuelson,
Councilmembers Larson, Pielstick, Hosier, Seifert, Whitesides, Ward, Samuelson and
Murray. Councilmember Preisendorf and Mayor Gnadt were absent. The following City
Officials were present: City Administrator Marlan Ferguson, City Clerk Cindy Johnson,
Interim Finance Director Larry Fox, City Attorney Charlie Cuypers, and Assistant Public
Works Director Bud Buettner.
PLEDGE OF ALLEGIANCE was said, followed by an It's About Kids! Asset presented by
Tiffany Baack and Susan Zlomke.
RESERVE TIME TO SPEAK ON AGENDA ITEMS: One individual reserved time to speak
on agenda items.
PRESENTATIONS AND PROCLAMATIONS:
Presentation by Consultant David Smith on Results of Library Study. Consultant David Smith
presented his findings relative to the existing and future needs of the library and reported that
as a result of changing technology and uses of the Library, an additional 25,000 square feet
was needed to maintain services. Councilmember Larson questioned where physical expansion
could occur. Mr. Smith noted that it appeared to be possible to expand on the east side of the
existing facility, one or two floors, and around the north side of the facility. No additional
questions were asked.
PUBLIC HEARINGS:
Public Hearing on Acquisition of Three Utility Easements Located North of Old Highway 30
Between Claude Road and Johnston Road. Bud Buettner, Assistant Public Works Director,
reported that acquisition of three easements located north of Old Highway 30 between Claude
Road and Johnstown Road, was required in order to have access to install, upgrade, maintain,
and repair power appurtenances, including lines, transformers, sanitary and storm sewers and
that these easements would be used to replace existing easements being vacated in order for the
owner to construct a building across property lines. No public testimony was heard.
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Page 2, City Council Regular Meeting, March 13, 2000
Public Hearing on Acquisition of Utility Easement Located Northeast of the Intersection of
North Road and Old Highway 30, Chief Industries. Gary Mader, Utilities Director, reported
that acquisition of a utility easement located northeast of the intersection of North Road and
Old Highway 30, was required in order to have access to install, upgrade, maintain, and repair
power appurtenances, including lines, transformers, sanitary and storm sewers and that this
easement would be used to locate a padmount transformer to serve the expanded Chief
Technical Service Building. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at the Corner of North Elm Street
and West Fifth Street. Bud Buettner, Assistant Public Works Director, reported that
acquisition of a utility easement located at the corner of North Elm Street and West Fifth
Street, was required in order to have access to install, upgrade, maintain, and repair power
appurtenances, including lines, transformers, sanitary and storm sewers and that this easement
would be used to allow for a renovation project including construction of an elevator in the
existing alley along the north side of the building. No public testimony was heard.
Public Hearing on Request of Mick and Lori Brown, dba First Holiday Tour and Travel, 726
West First Street, for Conditional Use Permit for Placement of Billboard. Craig Lewis,
Building Inspections Director, reported that Mick and Lori Brown, on behalf of First Holiday
Tour and Travel, 726 West First Street, had submitted a request with the City Clerk's Office
for a Conditional Use Permit to allow the installation of a sign at 726 West First Street. No
public testimony was heard.
Public Hearing on Request of Grand Island Area Economic Development Corporation for
Change of Land Use Designation for Property Located East of the Existing Platte Valley
Industrial Park from Agricultural Zone (AG) to Industrial Estates Zone (ME). Chad Nabity,
Regional Planning Director, reported that Pat Downs, on behalf of Grand Island Area
Economic Development Corporation, owner, had submitted a request to rezone a 137.58 acre
tract of land located in the NW 1/4 of the SW 1/4 of S5-TlO-R9 (C-05-2000GI), east of the
existing Platte Valley Industrial Park from (AG) Agricultural Zone to (ME) Industrial Estates
Zone and that the purpose of this request was to increase the size of the Industrial Park. 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:
#8562 - Consideration of Creation of Water Main District #433T, South Locust Street
#8566 - North of Old Highway 30 between Claude Road and Johnston Road
#8567 - North of Old Highway 30 between Claude Road and Johnston Road
#8568 - Consideration of change of Land Use Designation for Property Located
Immediately East of the Platte Valley Industrial Park on US Highway 281 between
Schimmer Drive and Wildwood Drive from Transitional Agriculture (T A) to Industrial
Estates (ME) Zone
#8569 - Consideration of Amendment to Chapter 2 of City Code Relative to Deletion
of Fee for Handicapped Parking Permits
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Page 3, City Council Regular Meeting, March 13, 2000
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.
Motion was seconded by Murray. Upon roll call vote, all voted aye. Motion adopted.
Council President: Is there anyone in the audience interested in these ordinances? There were
no comments.
City Clerk: Ordinances #8562, #8566, #8567, #8568, and #8569 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 #8562, #8566, #8567, #8568 and #8569 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 #8562, #8566, #8567, #8568 and #8569 are declared to be lawfully
passed and adopted upon publication as required by law.
CONSENT AGENDA: Councilmember Pielstick requested that items G-3, G-4, G-14 and G-
15 be removed from the Consent Agenda. Motion by Seifert, second by Murray, carried
unanimously to adopt the Consent Agenda.
Receipt of Official Documents, Including Political Tort Claim of Steven Ruiz.
Minutes of February 28, 2000 City Council Regular Meeting.
Approving Request of Mick and Lori Brown, on behalf of First Holiday Tour and Travel, for
a Conditional Use Permit for Placement of a Billboard Sign at 726 West First Street, for an
Unlimited Period of Time, Contingent Upon Continued Advertising of First Holiday Tour and
Travel, Sign is Maintained at 6' x 6' and the License Agreement is Terminated if the Property
is Sold.
Approving Request of Kramer's Auto Parts, 3405 North US Highway 281, for an Expansion
of aNon-Conforming Use to Allow for the Placement of a Canopy to the North of the Existing
Building.
#2000-68 - Approving Acquisition of Utility Easement Between Claude Road and North Road.
#2000-69 - Approving Acquisition of Utility Easement Between Claude Road and North Road.
#2000-70 - Approving Acquisition of Utility Easement Between Claude Road and North Road.
#2000-71 - Approving Acquisition of Utility Easement Located Northeast of the Intersection
of North Road and Old Highway 30, Chief Industries. Councilmember Hosier abstained from
voting on this Resolution.
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Page 4, City Council Regular Meeting, March 13, 2000
#2000-72 - Approving Acquisition of Utility Easement Located at the Corner of North Elm
Street and West Fifth Street..
#2000-73 - A warding Bid for Asphalt Maintenance Project #2000-AC-1 to Gary Smith
Construction, Grand Island, Nebraska, in the Amount of $531,480.48.
#2000-74 - Awarding Bid for Construction of the St. Joseph Branch Railroad Hike/Bike Trail
to Buck Construction, Grand Island, Nebraska, in the Amount of $39,949.99.
#2000-75 - Awarding Bid Via State Contract for Vehicle for Building Department in the
Amount of $14,197.77.
#2000-76 - Awarding Bid for Allen Drive Paving to Diamond Engineering, Grand Island,
Nebraska, in the Amount of $390,669.86.
#2000-77 - A warding Bid for Design/Build Services for Maintenance Shop Building
Expansion to A-G Pipe & Trenching, AIda, Nebraska, in the Amount of $51,950.
#2000-78 - Approving Change Order to Contract with Nebraska Department of Roads for
Water Main Project #97-W-5 in the Amount of $98,540.71.
#2000-79 - Approving Change Order with Werner Construction for Sanitary Sewer Project
#97-S-5 in the Amount of $112,550.10.
#2000-80 - Approving Certificate of Final Completion and Setting Date for Board of
Equalization for Water Main District #429, Juergen Road, Platte Valley Industrial Park.
#2000-81 - Approving Certificate of Final Completion and Setting Date for Board of
Equalization for Water Main District #431 T, Husker Highway and Engleman Road.
#2000-82 - Approving Final Plat and Subdivision Agreement for Industrial Second Addition.
It was noted that the City of Grand Island, a Municipal Corporation, owner, had submitted the
final plat for Industrial Second Addition, located west of Stuhr Road and immediately north of
the BN/SF Railroad and that this plat proposed to replat Lots 42, 43, 44, 45, 70 and 71 into
three lots with frontage on Stuhr Road.
#2000-83 - Approving Final Plat and Subdivision Agreement for Menard Fourth Subdivision.
It was noted that John R. Menard and Big 0 Development, Inc., a Colorado Corporation,
owners, had submitted the final plat for Menard Fourth Subdivision, located north of State
Street and west of Highway 281 and that this plat proposed to replat part of Lot 13 and all of
Lot 12 of Menard Second Subdivision into two lots fronting onto Diers Avenue.
#2000-84 - Approving Final Plat and Subdivision Agreement for Westgate Eighth
Subdivision. It was noted that Martin J. Partridge, owner, had submitted the final plat for
Westgate Eighth Subdivision, located south of Old Potash Highway and west of Gold Road
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Page 5, City Council Regular Meeting, March 13, 2000
and that this plat proposed to subdivide Lot 9 of Westgate Sixth Subdivision into two lots
fronting onto Old Potash Highway.
#2000-87 - Approving Continuation and Construction of Street Improvement. District #1232,
Grand West Subdivision.
#2000-88 - Approving Preliminary Plat for Twin Lakes Third Subdivision. Chad Nabity,
Regional Planning Director, reported that Don Robertson, owner, had submitted a preliminary
plat for Twin Lakes Third Subdivision, a 18.05 acre tract of land located at Bismark Road and
Austin Street, west of Davis Lake and that the preliminary plat proposed to create 12
residential lots and one lake lot. It is proposed that these lots be served by individual wells
and on site wastewater treatment systems. Motion by Murray, second by Whitesides to
approve. Councilmember Seifert questioned if the developers or future residents would be
tapping into city services. Mr. Nabity responded that they would be served by individual
wells and tanks as required by Nebraska Department of Quality. Councilmember Seifert asked
if a dry sewer was required. Mr. Nabity stated that it was not due to recent changes in the
regulations relative to development. Councilmember Pielstick voiced concern relative to the
odors in the area. Councilmember Seifert requested information relative to Department of
Environmental Quality regulations and their impact on cities and development just outside the
city limits. Craig Lewis, Building Inspections Director, reported on the requirements and
noted that the closest city services were 2-3 miles away. Roll call vote was taken on the
motion to approve the Preliminary Plat. Councilmembers Larson, Whitesides, Ward,
Samuelson, Murray and Sorensen voted aye. Councilmembers Pielstick, Hosier, and Seifert
voted nay. Motion adopted.
Approving Appointment of Dale Shotkoski as Interim Personnel Director. Motion by
Whitesides, second by Murray to approve the appointment of Dale Shotkoski as Interim
Personnel Director. Councilmember Pielstick questioned whether Mr. Shotkoski's current
responsibilities allowed time for him to assume additional tasks. MarIan Ferguson, City
Administrator, reported that he had discussed the interim appointment with the City Attorney
as well as Mr. Shotkoski and had determined that some free time could be made available for
Mr. Shotkoski to serve in this capacity. Mr. Cuypers added that Mr. Shotkoski was involved
in many of the Personnel issues within his capacity as Assistant City Attorney and that he was
the only person within the organization who was qualified to serve in this interim position.
Lewis Kent, 624 East Meves, spoke on the issue. Roll call vote was taken to approve the
appointment. Upon roll call vote, Larson, Hosier, Seifert, Whitesides, Ward, Samuelson,
Murray and Sorensen voted aye. Pielstick voted nay. Motion adopted.
#2000-85 - Approving Amendment to Interlocal Agreement with Community Redevelopment
Authority. City Administrator MarIan Ferguson reported that at the Community
Redevelopment Authority Meeting of March 7, 2000, the Community Redevelopment
Authority adopted an amendment to their InterIocal Agreement with the City relative to the
appointment of City staff as Community Redevelopment Authority Director. It was noted that
the amended contract authorized the City Administrator to designate an individual to serve as
Director. Motion by Murray, second by Larson to approve. Lewis Kent, 624 East Meves,
spoke on the issue. Upon roll call vote, Larson, Pielstick, Hosier, Seifert, Whitesides,
Sorensen, Murray and Ward voted aye. Samuelson voted nay. Motion adopted.
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Page 6, City Council Regular Meeting, March 13, 2000
#2000-86 - Approving User Fee Schedule Relative to Zoo Fees and Backflow Processing
Fees. Motion by Pielstick, second by Murray to separate the two fee proposals within
Resolution #2000-86. Motion adopted unanimously.
#2000-86 - Approving User Fee Schedule Relative to Zoo Fees. Motion by Pielstick, second
by Murray, carried unanimously to approve the inclusion of the Zoo fees within the City's Fee
Schedule. Councilmember Murray asked whether the fees were in line with what they were in
the past. Steve Paustian, Parks and Recreation Director, indicated that they were. Upon roll
call vote, motion was adopted unanimously.
#2000-88 - Approving User Fee Schedule Relative to Backflow Processing Fees. Motion by
Murray, second by Larson to approve the backflow processing fee of $2 per month.
Councilmember Seifert voiced opposition to imposing another fee for the people who were
required to install backflow prevention devices. Councilmember Whitesides requested
clarification on the $2 fee. MarIan Ferguson, City Administrator, reported that the $2 fee
basically replaced the interest that would otherwise be charged. Roll call vote was taken on
motion to approve. Upon roll call vote, Larson, Hosier, Seifert, Ward, Samuelson and
Murray voted aye. Pielstick, Whitesides and Sorensen voted nay. Motion adopted.
PA YMENT OF CLAIMS: Motion by Murray, second by Whitesides, carried unanimously to
approve the Claims for the period of February 22, 2000 through March 13, 2000, claims #86554,
#87427, #87345, and #88049 through #88860 with two changes, the deletion of $526.70 on
Claim #88849 and the reduction of Claim #88063 to $518.10 for a revised total claim amount of
$3,145,224.80. Councilmember Whitesides abstained from voting on Claim #88103.
ADJOURN TO EXECUTIVE SESSION: Motion by Whitesides, second by Sorensen, carried
unanimously to adjourn to Executive Session at 8:25 p.m. to discuss the acquisition of property.
RETURN TO REGULAR SESSION: Motion by Pielstick, second by Sorensen, carried
unanimously to return to Regular Session at 9:50 p.m.
ADJOURNMENT: The meeting was adjourned at 9:50 p.m.
Respectfully submitted,
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City Clerk