04/10/2000 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
April 10, 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 April 5, 2000.
Mayor Gnadt called the meeting to order at 7:00 p.m. The following members were present:
Mayor Gnadt, Councilmembers Larson, Pielstick, Hosier, Whitesides, Samuelson, Murray
and Sorensen. Councilmembers Preisendorf, Ward and Seifert were absent. The following
City Officials were present: City Administrator Marlan Ferguson, City Clerk Cindy Johnson,
Public Works Director Steve Riehle, City Attorney Charlie Cuypers, and Interim Finance
Director Larry Fox.
PLEDGE OF ALLEGIANCE was said followed by an IT'S ABOUT KIDS! Asset.
RESERVE TIME TO SPEAK ON AGENDA ITEMS: No one reserved time to speak on
agenda items.
PRESENTATIONS AND PROCLAMATIONS: Cindy Johnson, City Clerk, reported that the
Mayor had proclaimed April 9 - 15,2000 as "National Library Week" and April, 2000 as Child
Abuse Prevention Month. Girl Scouts from Troop 383 handed out Blue Ribbons to the Council
in recognition of Child Abuse Prevention Month.
Gary Mader, Utilities Director, provided a preview of the upcoming Platte Generating Station
Tours scheduled for April 15, 2000.
SOLID WASTE AGENCY: Motion by Samuelson, second by Sorensen, carried unanimously
to adjourn to the Solid Waste Agency.
#2000-SW A-I - Approving Interlocal Agreement Relative to Overweight Charges to Fund
Repairs for Husker Highway. Steve Riehle, Public Works Director, reported that on August
10, 1992, the City Council adopted Ordinance #7850 creating the Grand Island Solid Waste
Agency and that the Agency operated the solid waste disposal facility located approximately
fifteen miles west of the City of Grand Island. Mr. Riehle added that in 1996, the City had
entered into an agreement with the Agency whereby a solid waste disposal service fee schedule
was adopted which provided for assessment of a surcharge fee to be added to the regular
service fee for any truck arriving at the facility weighing in excess of the state law weight
limits in order to fund repairs being made to the primary haul route to the landfill, the
highway surface and road bed of Husker Highway. Mr. Riehle recommended that the
overweight surcharges for the tier of 0-2000 pounds be eliminated and that the second tier
(2,001 - 3,999) be set at $75. Councilmember Murray questioned what the financial impact of
the elimination of the first tier would be. Mr. Riehle stated that there would be a loss of
revenue of $21,500 but it was hoped that the amount of business would increase as a result of
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the reduced charges. Motion by Whitesides, second by Larson, carried unanimously to
approve.
RETURN TO REGULAR SESSION: Motion by Sorensen, second by Whitesides, carried
unanimously to return to Regular Session.
BOARD OF EQUALIZATION: Motion by Samuelson, second by Sorensen, carried
unanimously to adjourn to Board of Equalization.
#2000-BE-2 - Determining Benefits for Water Main District #429, Juergen Road, Platte Valley
Industrial Park. Gary Mader, Utilities Director, reported that in its capacity as the Board of
Equalization, it was necessary for the City Council to consider the assessment of benefits
associated with Water Main District #429, Juergen Road, Platte Valley Industrial Park.
Motion by Larson, second by Sorensen, carried unanimously to approve.
#2000- BE- 3 - Determining Benefits for Water Main District #431 T, Husker Highway. Gary
Mader, Utilities Director, reported that in its capacity as the Board of Equalization, it was
necessary for the City Council to consider the assessment of benefits associated with Water
Main District #431 T, Husker Highway and Engleman Road. Motion by Larson, second by
Sorensen, carried unanimously to approve.
RETURN TO REGULAR SESSION: Motion by Samuelson, second by Murray, carried
unanimously to return to Regular Session.
I PUBLIC HEARINGS:
Public Hearing on Submittal of Community Development Block Grant Application. Charlie
Cuypers, City Attorney, reported that on June 13, 1994, the City Council adopted Resolution
#94-147 approving a reuse plan for the City of Grand Island Economic Development
Revolving Loan Fund and that this fund included repayments from previous Community
Development Block Grant loans that were administered by the City and had a current balance
of approximately $96,000. Mr. Cuypers explained that Overhead Door, Inc., had submitted
an application to the Nebraska Department of Economic Development for a loan of $500,000
to be used to fund a second expansion at their Grand Island plant that would create 55-60 new
jobs paying an average of $11 per hour and would be in addition to the earlier announced
increase of 128 jobs. It was noted that the Department of Economic Development had given
preliminary approval to the application contingent upon the City committing $96,344 from its
loan fund towards the $500,000 to be borrowed by Overhead Door, Inc. and that the
Department of Economic Development would make a grant to the City in the amount of
$403,656 plus an additional $5000 for administering the grant and loan and the City would
then loan the funds to Overhead Door. It was reported that the loan repayments were then
deposited in the City's Revolving Loan Fund and could be used by the City for future projects.
No public testimony was heard.
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Public Hearing on Request for Change of Land Use Designation For Property Located East of
Highway 281 and North of State Street. Chad Nabity, Regional Planning Director, reported
that Mr. Raymond 0' Connor, owner, had submitted a request to rezone an 8.998 acre tract of
land located west of north of State Street and east of Highway 281 and that the purpose of this
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request was to replat and change building envelopes for five lots and to construct two buildings
at the site. No public testimony was heard.
Public Hearing on Request of Mr. Doug Brunk, 1009 East Stolley Park Road, for Conditional
Use Permit for Construction of an Addition to Building for Operation of a Veterinary Clinic.
Craig Lewis, Building Inspections Director, reported that Mr. Brunk had requested a
Conditional Use Permit for the operation of a veterinary clinic. No public testimony was
heard.
Public Hearing on Acquisition of Easement in the Alleyway between Second Street and Third
Street, from Kimball Street to Oak Street, Salvation Army. Gary Mader, Utilities Director,
reported that acquisition of an easement located behind 208/212 North Oak Street (Lots 7 & 8,
Block 69, Original Town), was required in order to have access to install, maintain, and repair
public utilities as part of the Downtown Alleyway Project. No public testimony was heard.
Public Hearing on Acquisition of Easement in Alleyway between Second Street and Third
Street, from Kimball Street to Oak Street, Filemon Sanchez. Gary Mader, Utilities Director,
reported that acquisition of an easement located behind 316 East 2nd Street (Lot 7, Block 69,
Original Town), was required in order to have access to install, maintain, and repair public
utilities as part of the Downtown Alleyway Project. No public testimony was heard.
ORDINANCES:
#8481 - Consideration of Change of Land Use Designation. It was noted that this item related
to the aforementioned Public Hearing and that Mr. Raymond 0' Connor, owner, had submitted
a request to rezone an 8.998 acre tract of land located west of north of State Street and east of
Highway 281. Motion by Sorensen, second by Murray, carried unanimously to approve on
first reading only.
#8482 - Amending City Code, Chapter 17, Relative to Interest on Delinquent Mowing Liens
for Weed Abatement. It was noted that Chapter 17 of City Code established the regulations
relative to delinquent weed assessments and the interest rate associated with these assessments
and that currently, the City Code provided for an interest rate of 7 % on delinquent weed and
grass mowing liens, 50 days after the lien was levied. It was proposed that the interest rate be
increased to 14% in order to maintain consistency with other special assessment interest rates
set by State Statutes. Motion by Sorensen, second by Murray, carried unanimously to approve
on first reading only.
#8483 - Amending City Code, Chapter 13, Relative to Adoption of Sidewalk Usage
Regulations. It was noted that at the March 20, 2000 City Council Study Session, the
Downtown Development Director presented the proposed downtown sidewalk usage and
signage regulations to allow for 1) displays; 2) sandwich boards; 3) sidewalk cafe; 4) pushcart
vendors; and 5) signage. Ms. Kelley noted that the regulations established the process for
application for a permit to carry out these functions through the Downtown Business
Improvement Board for BID #2. Motion by Sorensen, second by Murray, carried
unanimously to approve on first reading only.
#8484 - Setting Assessments for Water Main District #429, Juergen Road, Platte Valley
Industrial Park. It was noted that this item related to the aforementioned Resolution where the
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Council acted as the Board of Equalization and determined benefits associated with Water
Main District #429, Juergen Road, Platte Valley Industrial Park. Motion by Sorensen, second
by Murray, carried unanimously to approve on first reading only.
CONSENT AGENDA: Councilmember Pielstick requested that item G-5 be removed from
the Consent Agenda. Motion by Whitesides, second by Pielstick, carried unanimously to
approve the Consent Agenda minus G-5, G-13b, G-17 and G-18.
Receiving Official Documents Including Civil Service Minutes of February 2, 2000.
Approving Minutes of March 27, 2000 City Council Regular Meeting (Amended), April 3,
2000 City Council Special Meeting and April 3, 2000 City Council Study Session.
Approving Request of Doug Brunk for Conditional Use Permit for Veterinary Clinic at 1009
East Stolley Park Road.
Approving Request of Roger Minx, dba Pop I s Pops, for Street Vendor Permit.
Approving Request of Ms. Silvia Corea, Paleteria Zacatecas, for Street Vendor Permit.
#2000-107- Approving Request for Traffic Modification to Provide for a No Parking Zone on
the West Side of William Street from the South Side of Stolley Park School South to the End
of the School Property.
#2000-108 - Approving Community Development Block Grant Program Application. Charlie
Cuypers, City Attorney, reported that Overhead Door, Inc., had submitted an application to
the Nebraska Department of Economic Development for a loan of $500,000 to be used to fund
a second expansion at their Grand Island plant. Councilmember Murray voiced support for
the grant application and stated that the city and community was doing something about the
need for additional jobs. Councilmember Whitesides asked what the current loan fund was.
Mr. Cuypers, City Attorney, stated that the fund was approximately $96,000. Councilmember
Larson noted that the return funding would be available to help other businesses and asked
how many other recipients there were. Mr. Cuypers noted there were two others and that one
was performing and one was not. Pat Downs, Economic Development Director, reported that
the term of the loan was five years and that the reuse funds were capped at $500,000.
#2000-109 - A warding Bid for Truck Mounted Sewer Flushing Machine to Nebraska
Peterbilt-Ford-Sterling, Grand Island, Nebraska, in the Amount of $98,089.
#2000-110 - Awarding Bid for Engineering Services Contract to CH2M Hill, Englewood,
Colorado, for an Amount Not to Exceed $100,000.
#2000-111 - Awarding Contract for Professional Engineering for Street Improvement District
#1225, Allen Drive to Olsson Associates, Grand Island, Nebraska in the Amount of $26,500.
#2000-112 - Awarding Bid for 2000-TV-1, Sewer Inspection to Johnson Service Company,
Osceola, Nebraska in the Amount of $37,088.96.
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#2000-113 - Awarding Bid for Pier Lake Walkway to Galvan Construction, Inc., Grand
Island, Nebraska in the Amount of $47,891.25.
#99- 3 7 5 - Approving Interlocal Agreement for Infrastructure Development at Central
Nebraska Regional Airport.
#2000-114 - Approving Certificate of Final Completion for Sanitary Sewer Project #99-S-5,
Grand West Subdivision, an Extension of the West Basin Interceptor.
#2000-115 - Approving Acquisition of Alleyway between Second Street and Third Street,
from Kimball Street to Oak Street, Salvation Army. Councilmember Pie Is tick voted nay.
#2000-116 - Approving Acquisition of Alleyway between Second Street and Third Street,
from Kimball Street to Oak Street, Filemon Sanchez. Councilmember Pielstick voted nay.
#2000-117 - Approving Declaration of Emergency for Procurement Processes for Sanitary
Sewer Repair at Capital Avenue and St. Patrick Avenue.
#2000-118 - Approving Final Plat and Subdivision Agreement for Commonwealth Business
Park Fifth Subdivision. It was noted that Robert and May Baker, owners, had submitted the
final plat for Commonwealth Business Park Fifth Subdivision, located west of Kaufman
A venue and north of Old Potash Highway and that this plat proposed to replat Lot 8 into two
lots.
#2000-119 - Approving Final Plat and Subdivision Agreement for Grand Island Mall Twelfth
Subdivision. This item was removed from the agenda inasmuch as the related Ordinance was
not adopted on final passage.
#2000-120 - Approving Final Plat and Subdivision Agreement for Knox Third Subdivision. It
was noted that Mason Robb and Ted Robb, owners, had submitted the final plat for Knox
Third Subdivision, located west of east of Locust Street and south of the north channel of the
Platte River and that this plat proposed to replat Lots 1 and 2 of Knox Second Subdivision
into three lots.
#2000-121 - Approving Subdivision Agreement and Final Plat for Paradise Lake Estates
Subdivision. It was noted that Randy and Jan Dye, owners, had submitted the final plat for
Paradise Lake Estates Subdivision, located west of Gunbarrel Road and north of the BN/SF
right-of-way and that this plat proposed to replat Lot 1 of Paradise Lake Estate Second
Subdivision into two lots.
#2000-122 - Approving Final Plat and Subdivision Agreement for Rief-Standeven Subdivision.
It was noted that Richard Rief and Joseph Standeven, owners, had submitted the final plat for
Rief-Standeven Subdivision, located west of north of Highway 30 and west of Capital Avenue
and that this plat proposed to create two lots on a currently unplatted parcel of ground located
in the NW 1/4 of SI2-T11-R9W.
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#2000-123 - Approving Interlocal Agreement Relative to Overweight Charges to Fund Repairs
for Husker Highway.
#2000-124 - Approving Certificate of Final Completion for Ryder Park Entrance Enhancement
Project.
#2000-125 - Approving Assessments for Water Main District #431T, Husker Highway and
Engleman Road. It was noted that inasmuch as this was a tap district, no fees would be
assessed until connection.
#2000-126- Adopting Business Improvement District #2 Public Right of Way Usage
Regulations. This Resolution was not considered at the April 10, 2000 meeting.
#2000-127 - Approving Downtown Sidewalk Usage and Signage Program. This item was not
considered at the April 10, 2000 City Council Meeting.
Consideration of Ratifying the Appointment of Sheila Bjerrum as Health Department Director.
Motion by Murray, second by Larson to approve the appointment of Sheila Bjerrum as Health
Department Director. Councilmember Pielstick voiced opposition to the appointment noting
that Mrs. Bjerrum was not a resident of Grand Island or Hall County and questioned her
ability to represent the health needs of the community. Councilmember Samuelson stated he
had voiced the same concern early in the process however he noted that it was the prerogative
of the Board of Health to eliminate the residency requirement for the Health Department
Director. Upon roll call vote, Larson, Samuelson, Hosier, Whitesides, and Murray voted aye.
Pielstick and Sorensen voted nay. Mayor Gnadt cast the sixth and deciding vote in support of
the appointment. Motion adopted to appoint Mrs. Bjerrum.
REQUESTS AND REFERRALS:
Approving Appointments to Community Development Revolving Loan Fund Review
Committee. Charlie Cuypers, City Attorney, reported that in conjunction with the proposed
Community Development Block Grant Loan Application for Overhead Door, Inc., the Nebraska
Department of Economic Development required that a Revolving Loan Fund Review Committee
be formed to oversee the application process and anticipated use of the fund. It was noted that the
Department of Economic Development required that the review committee be comprised of the
Community Development Department Director, City Attorney, Economic Development
Corporation President, City Administrator, and representative from a banking/lending institution
and that the Committee is charged with the responsibility of reviewing applications, determining
eligibility, and making recommendations to the City Council, as well as negotiating terms and
conditions of any loan approval and imposing penalties on approved noncompliance companies.
Motion by Samuelson, second by Larson, carried unanimously to approve.
PAYMENT OF CLAIMS: Interim Finance Director Larry Fox reported that Claim #89879 to
the Nebraska Society of CP As had been pulled. Motion by Samuelson, second by Murray,
carried unanimously to approve the Claims for the period of March 28, 2000 through April 10,
2000, claims #87806 and #89426 through #90018.
ADJOURNMENT: The meeting was adjourned at 7:55 p.m.
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Respectfully submitted,
~P1JS
City Clerk