05/22/2001 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
May 22, 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 22, 2001. Notice of the meeting was given in the Grand Island Independent on
May 16, 2001.
Mayor Ken Gnadt called the meeting to order at 7:00 p.m. The following members were present:
Councilmembers Pielstick, Ward, Seifert, Hornady, Whitesides, Haase, Murray, Walker and
Sorensen. Councilmember Larson was absent. The following City Officials were present: City
Administrator MarIan 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 INVOCATION given by Pastor Terry
Brown, Calvary Assembly of God.
RESERVE TIME TO SPEAK ON AGENDA ITEMS: No individuals reserved time to speak on
agenda items.
PRESENTATIONS AND PROCLAMATIONS:
Proclamation "Emergency Medical Services Week" May 21-26. 2001. Mayor Gnadt proclaimed
the week of May 21-26, 2001 as "Emergency Medical Services Week". Chad Bluscke,
representing the Fire Department was present for the presentation.
Proclamation "National Homeownership Week" June 2-9. 2001. City Clerk RaNae Edwards,
read the proclamation for "National Homeownership Week" June 2-9,2001.
ITEMS PULLED FROM THE AGENDA:
The following items were pulled from the agenda:
E-2. Public Hearing on Request of Donald and Marjorie KemerIing for Change of Land Use
Designation for Property Located at 104 East Capital Avenue from RO Residential Office to B2
General Business. This item was rescheduled to the June 12, 2001 City Council Regular
Meeting.
F-2. Ordinance #8672 - Consideration of Change of Land Use Designation for Property Located
at 104 East Capital Avenue from RO Residential Office to B2 General Business. This item was
rescheduled to the June 12,2001 City Council Regular Meeting.
Page 2, City Council Regular Meeting, May 22, 2001
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G-6. Resolution #2001-124 - Approving Conveyance of Urban Renewal Property Located in
County Subdivision to the City of Grand Island. This item was rescheduled to the June 12, 2001
City Council Regular Meeting.
1-1. Resolution #2001-134 - Approving Change to Future Land Use Map. This item was
rescheduled to the June 12,2001 City Council Regular Meeting.
RESOLUTION:
#2001-135 - Awarding Contract for Combustion Turbine Generators. Gary Mader, Utilities
Director, reported that the Utilities Department had submitted a request for awarding a contract
for two Combustion Turbine Generators. Two bids were received ranging from $29,400,000.00
to $31,050,000.00. The low compliant bid was submitted by General Electric Company,
Schenectady, New York. During the bid evaluation, General Electric Company was asked to
provide price quotes for equipment not specified but integrally related to turbine generator
operation and safety. The consulting engineers recommended acceptance of the additional
equipment resulting in a total award amount of $29,861,000.00. The generators would be funded
by Electric Revenue Bonds. The engineers estimate was $33,000,000.00. It was recommended
that the contract be awarded to General Electric Company, Schenectady, New York.
Councilmember Seifert asked about coal versus gas units. Mr. Mader explained the difference
and reasons why he recommended the gas units. Motion by Ward, second by Homady, carried
unanimously.
I ORDINANCES:
Gary Mader, Utilities Director and Bill Beavers, representing Ameritas Investment Corporation,
spoke with regards to Ordinance #8677 - Consideration of Issuing Electric Revenue Bonds for
Turbine Generator Project. The Utilities Department was requesting issuance of Revenue Bonds
in the amount of $51,500,000.00 for the purpose of purchasing two Combustion Turbine
Generators from General Electric Company, Schenectady, New York. The issuance of bonds was
requested with a 15-year term repayment plan. Mr. Beavers stated that Grand Island has an A-I
rating on these bonds, one of the highest ratings in the state.
Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that ordinances numbered:
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#8671 - Consideration of Creating Sanitary Sewer District #500, Sass 1 st Subdivision,
Sass 2nd Subdivision and Dahlke Subdivision (Seedling Mile Road and Shady Bend Road
Area)
#8673 - Consideration of Amendments to Chapter 31 Relative to Sign Regulations in
AC-Arterial Commercial Zoning Classification Project
#8674 - Consideration of Conveyance of Property Located at 1104 East 9th Street
#8675 - Consideration of Conveyance of Property Located at 1110 East 9th Street
#8676 - Consideration of Conveyance of Property Located at 1116 East 9th Street
#8677 - Consideration of Issuing Electric Revenue Bonds for Turbine Generator Project
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Page 3, City Council Regular Meeting, May 22,2001
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
Pielstick 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.
Craig Lewis, Building Department Director, requested that an amendment be made to Ordinance
#8673 for the purpose of clarifying the intent of the ordinance and requested that the first
sentence be deleted and replaced with "All signs placed in the AC-Arterial Commercial Zone
from Stolley Park Road south to US Highway 34 shall be subject to the following requirements:"
City Clerk: Ordinances #8671, #8673, #8674, #8675, #8676 and #8677 on 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.
City Clerk: Ordinances #8671, #8673, #8674, #8675, #8676 and #8677 on 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.
Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinances
#8671, #8673, #8674, #8675, #8676 and #8677 are declared to be lawfully passed and adopted
upon publication as required by law.
PUBLIC HEARINGS:
Public Hearing on Conveyance of Urban Renewal Pro?erty Located in County Subdivision to the
City of Grand Island. Cindy Johnson, Community Projects Director, reported that in the late
1960's, the City of Grand Island, acting as the Urban Renewal Authority, acquired property
located in the northeast area of Grand Island. In 1974 the Federal Urban Renewal program
ceased operations and the Community Development Division had since served as the quasi
Urban Renewal. A small tract of land located at 11 th Street and Cherry Street, owned by the
Urban Renewal Authority, was the remaining piece of property. Because of the size and location
of the property, there was little opportunity for development other than potential future use to
widen Cherry Street. It was therefore recommended that the City acquire the property from the
Community Development Division (Urban Renewal Authority) for future use in the widening of
Cherry Street. No public testimony was heard.
Cindy Johnson, Community Projects Director, introduced LeAnne Doose, the new Public
Information Officer.
Public Hearing on Consideration of Revocation of Conditional Use Permit for Omaha Paper
Stock, Inc. Located at Highway 30 and Talc Drive. Charlie Cuypers, City Attorney and Craig
Lewis, Building Department Director, reported that at the August 29,2000 City Council Regular
Meeting, approval was given to Omaha Paper Stock Company, Inc., for a Conditional Use
Permit to operate a paper and cardboard recycling, loading, warehouse, and shipping business at
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Page 4, City Council Regular Meeting, May 22, 2001
1215 East Highway 30. The conditional use permit was issued with certain conditions to be met.
Two of the three conditions have been violated whereby revocation of the Conditional Use
Permit was appropriate. Tim Holloway, Code Compliance Officer, presented pictures of the
property showing the problems that were currently being discussed. John Brownell, Attorney
representing Omaha Paper Stock, Inc. and Jeff Epstein, President, 2310 Brookside Avenue,
Omaha, Nebraska, spoke on behalf of Omaha Paper Stock, Inc. No further public testimony was
heard.
Public Hearing to Receive Preliminary Public Input on the Development of the 2001-2002
Annual Budget. David Springer, Finance Director, reported that pursuant to City Council
direction relative to public input on the budget, a preliminary hearing has been scheduled to
gather citizen and community group direction for the 2001-2002 Municipal Annual Budget. No
public testimony was heard.
CONSENT AGENDA: Motion by Pielstick, second by Murray, carried unanimously to approve
the Consent Agenda.
Approving Civil Service Minutes of April 6, 2001.
Approving Minutes of May 8, 2001 City Council Regular Meeting.
Approving Minutes of May 15, 2001 City Council Study Session.
Approving Appointments of Cindy Bennett and Bob Loewenstein to the Community
Development Advisory Board.
Approving Appointment of Bob Rye, Northwestern Public Service to Downtown Improvement
Board (BID #2).
Approving Request of Gerald Lothrop, 18551 West Husker Highway, Shelton, Nebraska, dba
Snacks R' Us for Street Vendor Permit..
#2001-123 - Awarding Bid for 2002 Truck Chassis for Utilities Line Division to Nebraska Truck
Center, Inc., Grand Island, Nebraska, in the Amount of $49,067.00.
#2001-125 - Approving Agreement with the University of Nebraska - Nebraska Forest Service
for a Local Match of 20% to Develop and Implement Landscaping at the Plum Street Park
Proiect.
#2001-126 - Approving Agreement with the University of Nebraska - Nebraska Forest Service
for a Local Match of 20% to Develop and implement Landscaping at the Highway 30 Corridor
Proiect.
#2001-127 - Approving Conveyance of Properties at 1104 East 9th Street in the Amount of
$10.00 for the lot and $54,000.00 for the future sale of the home: 1110 East 9th Street in the
Amount of$10.00 for the lot and $61,000.00 for the future sale of the home: and 1116 East 9th
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Page 5, City Council Regular Meeting, May 22,2001
Street in the amount of $10.00 for the lot and $61,000.00 for the future sale of the home to Dan
Kunze. Grand Island.
#2001-128 - Approving Change Order to the Contract with J.LL. Asphalt Paving Company.
Grand Island. Nebraska. for Asphalt Maintenance Proiect 2001-AC-1 for a Net Increase of
$99.781.65 and a Revised Contract Amount of$581.158.48.
#2001-129 - Approving Certificate of Final Completion with The Diamond Engineering
Company. Grand Island. Nebraska. for Street Improvement District #1232. Grand West
Subdivision and Setting Board of Equalization for June 26.2001.
#2001-130 - Approving Expenditure of Fund for Feeding Volunteers During Free Week at the
Transfer Station.
#2001-131 - Approving Change Order to the Contract with The Diamond Engineering
Company. Grand Island. Nebraska. for the South Locust Construction Proiect Between US
Highway 34 and Stolley Park Road. for a Net Increase of $82.305.11 and a Revised Contract
Amount of $5.078.422.71.
#2001-132 - Approving Annual Storage Building Leases at CHAAP with Dominion
Construction Company. Jerry Harders. Kirk Hartmann and the Nebraska State Patrol
(Department of Administrative Services).
#2001-133 - Approving Agreement with Grand Island Skeet and Sporting Clays Club. Inc. and
Hornady Manufacturing Co. for Preliminary Design and Cost Estimates for Shooting Sports
Facility in the Amount of$8.333.00. Councilmember Hornady abstained.
REQUEST AND REFERRALS:
Consideration of Request for Bus Service to Island Oasis Water Park. Marian Ferguson, City
Administrator, reported that a request had been received for the City to initiate a bus service to
provide transportation to and from Island Oasis Water Park. A bus service would provide an
opportunity for all youth to have access to this summer attraction. Several options were available
and further study would need to be reviewed. It was recommended that Council authorize staff to
pursue the idea and negotiate a contract with a provider and/or come back to Council for further
discussion and direction. Councilmember Seifert stated that this was more for convenience but
might increase the gate income. Councilmember Walker stated concern about small children.
Councilmember Murray suggested that a study be done and that a cost estimate be brought back
to Council. Motion by Seifert, second by Hornady, to authorize staff to pursue the idea and
negotiate a contract with a provider and/or come back to Council for further discussion and
direction. Upon roll call vote, motion was adopted unanimously.
RESOLUTIONS APPROVED:
#2001-136 - Approving Revocation of Conditional Use Permit for Omaha Paper Stock. Inc
Located at Highway 30 and Talc Drive. Motion by Murray, second by Seifert to approve the
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Page 6, City Council Regular Meeting, May 22, 2001
Revocation of Conditional Use Permit for Omaha Paper Stock, Inc. Located at Highway 30 and
Talc Drive for purposes of discussion. Councilmember Pielstick asked Mr. Epstein about
beautification. Mr. Epstein stated that they would be adding shrubs, signs, etc. Councilmember
Ward asked about the number of employees. Mr. Epstein stated that right now there were 7 with
a possibility of maybe as many as 14-15. Councilmember Whitesides stated that Councilmember
Murray and himself took a tour of Omaha Paper Stock. Mr. Whitesides suggested a barbed wire
fence at a 450 angle at the top of the 8' fence currently being built. Councilmemeber Murray
asked when the Council could expect this to be cleaned up. Mr. Epstein replied that the fence
would be in within 1-1 Y2 weeks and that all paper would be within that enclosure at that time.
Motion by Murray to table the revocation until June 26, 2001 City Council Meeting and that a
final decision would be made then. Second by Seifert. Motion carried unanimously.
#2001-137 - Approving Election for 1/2 Cent Sales Tax for Funding an Endowment. Charlie
Cuypers, City Attorney, reported that by order of the Hall County District Court, the City of
Grand Island was directed to submit Alan Sydow's petition for a 1/2 cent sales tax issue for the
next regularly scheduled primary, general or special election. The first available date that
conforms to state election laws would be the May 14, 2002 primary election. It was
recommended that Resolution #2001-137 be approved, setting the 1/2 cent sales tax for funding
an endowment for the City's general fund on the statewide primary election scheduled for May
14,2002.
Alan Sydow, 1804 West 10th Street and Denzel Busick, Attorney, 3027 Brentwood Place,
requested that this matter be immediately certified to the Election Commissioner. Mr. Cuypers
stated that legality of the endowment fund has not been decided by the court and that approving
this Resolution would not jeopardize an appeal to the Supreme Court.
Motion by Seifert, second by Sorensen, to approve the Election for a 1/2 cent Sales Tax for
Funding an Endowment, carried unanimously.
PAYMENT OF CLAIMS:
Motion by Whitesides, second by Hornady, carried unanimously to approve the Claims for the
period of May 9, 2001 through May 22, 2001, claims #105952 through #106543 for a total
claims amount of$5,227,170.88.
ADJOURNMENT: The meeting was adjourned at 8:50 p.m.
Respectfully submitted,
Q~\\~ tU<CtiJlc~
RaNae Edwards
City Clerk