07/09/2002 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
July 9,2002
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 July 9,2002. Notice of the meeting was given in the Grand Island Independent on July
3, 2002.
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, City Attorney Charlie Cuypers, Public Works Director Steve Riehle
and Finance Director David Springer.
PLEDGE OF ALLEGIANCE was said followed by the INVOCATION given by Father Walter
Phelan, Chaplain at the Veterans Hospital.
PRESENTATIONS AND PROCLAMATIONS:
Proclamation "National Aquatic Week" July 14-20, 2002. Mayor Gnadt proclaimed the week of
July 14-20, 2002 as "National Aquatic Week".
Recognition of Police Officers Attending the Top Gun Motorcycle Competition. The Mayor and
City Council recognized Officer Ellis Collins, Sergeant Joe Rodriquez, Officer James Colgan
and Officer Doug Whiles for their accomplishments at the Top Gun Motorcycle Competition in
Golden, Colorado. Police Chief Kyle Hetrick was present for the presentation.
Presentation bv CH2MHill Relative to Wastewater Treatment Plant. Tom Heinemann
representing CH2MHill updated the Council on the Engineering Study of the Wastewater
Treatment Plant operations. Presented were the following Implementation Plans:
Implementation Plan 2003-2004
Belt Press System
Digester Modifications
Short- Term Grit Handling
Construction Cost: $5.6 million
Implementation Plan Phase II
Grease Improvements
Short- Term Secondary Clarifiers
Short-Term Primary Clarifiers
Polymer System Modifications
Construction Cost: $3.1 million
Implementation Plan Phase III
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Page 2, City Council Regular Meeting, July 9,2002
Off-site Compo sting
Convert to Vortex Grit Removal
Primary Clarifier No.3
Construction Cost: $7.1 million
Implementation Plan Phase IV
Secondary Clarifier No., 4
Construction Cost: $1.9 million
Odor Control Summary
Biofilter for belt filter presses
Sludge lagoon abandonment
Covers & biofilter for digesters
Eventual off-site compo sting
Conversion to vortex grit removal
Primary clarifier weir covers & biofilter
Discussion was held concerning other systems and having an independent review. The consensus
of the Council was to move forward with the independent review.
PUBLIC HEARINGS:
Public Hearing on Acquisition of Utility Easement Located at 1466 South Gunbarrel Road.
(Robert K. and Kathleen McFarland) Gary Mader, Utilities Director, reported that acquisition of
a utility easement located at 1466 South Gunbarrel Road, was required in order to have access to
install, upgrade, maintain, and repair power appurtenances. This easement would be used to
locate an underground power line and pad mounted transformer to serve a new house being
constructed. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at 1310 South Gunbarrel Road.
(Ronald C., and Norma J. Shullaw) Gary Mader, Utilities Director, reported that acquisition of a
utility easement located at 1310 South Gunbarrel Road, was required in order to have access to
install, upgrade, maintain, and repair power appurtenances. This easement would be used to
locate an underground power line and pad mounted transformer to serve a new house that is
being constructed. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at 1450 South Gunbarrel Road.
(Michael J. and Beverly E. Nolan) Gary Mader, Utilities Director, reported that acquisition of a
utility easement located at 1450 South Gunbarrel Road, was required in order to have access to
install, upgrade, maintain, and repair power appurtenances. This easement would be used to
locate an underground power line and pad mounted transformer to serve a new house that is
being constructed. No public testimony was heard.
Public Hearing on Amendment to the Community Redevelopment Authority (CRA)
Redevelopment Plan and Authorizing Tax Increment Financing for Renovation of Facility at
1003 West Third Street. Cindy Johnson, Community Projects Director, reported that at the June
4,2002 meeting of the Community Redevelopment Authority, the CRA adopted Resolution #38
providing for an amendment to the Redevelopment Plan for Blight and Substandard Area #4,
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Page 3, City Council Regular Meeting, July 9,2002
approving a redevelopment contract and giving notice of intent to enter into a redevelopment
contract. Kris and Tim Harris, dba RSF Limited, were redeveloping the property at 1003 West
Third Street for a dental office.
The proposed redevelopment contract provided for the use of tax increment financing for the
redevelopment project. Tax increment financing was a mechanism whereby the increased
property taxes for the improved property are used to pay for the improvements. The anticipated
tax increment financing for this project was $35,000.
In December, 2000, the City Council adopted a Redevelopment Plan for this area, which was
generally described as the central portion of the City of Grand Island, beginning at the
intersection of the west line of Clark Street and the north line of the alley between Fourth and
Fifth Streets, south to the alley between Second and Third Streets, and west to Broadwell
Avenue.
State Statutes require that amendments to the Redevelopment Plan, to address specific projects,
be considered by the Community Redevelopment Authority and Regional Planning Commission,
in addition to the City Council. The Regional Planning Commission considered the Amendment
at their meeting of June 19, 2002 and recommended approval. Notification of the proposed
Amendment and Redevelopment Project was provided to all taxing entities and appropriate
neighborhood associations. Kris Harris, DDS, 702 West Koenig Street, spoke in support. No
further public testimony was heard.
Public Hearing on Request of Daffodil, LLC dba Conoco One Stop, 21 05 West 2nd Street, for
Class "C" Liquor License. City Clerk RaNae Edwards, reported that Habibur Khan, representing
Daffodil, LLC dba Conoco One Stop, 2105 West 2nd Street 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 beverages off sale only within the corporate limits of the City. Ms. Edwards
presented the following exhibits for the record: application submitted to the Liquor Control
Commission and received by the City on June 21, 2002; notice to applicant of date, time and
place of hearing mailed on June 24, 2002; notice to the general public of date, time and place of
hearing published on June 29, 2002; Chapter 4 of City Code and departmental reports as required
by City Code. Tom Emerton, Attorney, Habibur Khan and Mahammad Kalam representing
Conoco One Stop were present and spoke in support. No further public testimony was heard.
Public Hearing on Acquisition of Right of Way Located in the SW1I4 of Section 13-11-10 by
Eminent Domain. (T & E Cattle Company) Charlie Cuypers, City Attorney, reported that
following the Mayor and City Council's earlier approval of acquiring the right of way from T &E
Cattle Company necessary for construction of a drainage ditch to serve two new subdivisions in
the North Road/Potash Road area, representatives of the legal and public works departments met
with Greg Baxter to negotiate terms for a voluntary acquisition of the right of way. Negotiations
were not successful due to the landowner's position that he felt he was given binding assurances
that this land transaction would not occur for several years during the course of a prior land sale.
The proposals for the new subdivisions were unknown at the time of these discussions. The
drainage ditch would serve not only the new subdivisions, but also would serve part of the Little
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Page 4, City Council Regular Meeting, July 9, 2002
B'S and T &E land when it was developed. Greg Baxter, 1723 Bridle Lane and Kevin Schneider,
Attorney representing T & E Cattle Company spoke in opposition. No further 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:
#8745 - Consideration of Vacating Easement Located at 2322 South Locust Street. (Gary
Shovlain)
#8746 - Consideration of Creating Sanitary Sewer District #507, Along Cannon Road
Between North Road and Mansfield Road, and a Short Piece North of State Street East of
North Road
#8747 - Consideration of Amending Chapter 34 of City Code Relative to
Telecommunications
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 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
Walker seconded the motion. Upon roll call vote, all voted aye. Motion adopted.
Mayor: Is there anyone in the audience interested in these ordinances? No public testimony was
heard.
City Clerk: Ordinances #8745, #8746 and #8747 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 adopted.
City Clerk: Ordinance #8745, #8746 and #8747 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 adopted.
Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinances
#8745, #8746 and #8747 are declared to be lawfully passed and adopted upon publication as
required by law.
Motion was made by Whitesides, second by Larson, to approve Ordinance #8748 -
Consideration of Annexation - Areas 2, 3, 5b, 6, 9 10 & 11 on first reading. City Attorney
Charlies Cuypers explained the areas to be annexed. Mike Johnson, Attorney representing South
Public Power District and Bob Mettenbrink, 270 E One R Road, spoke in opposition. Upon roll
call vote, all voted aye. Motion adopted.
Motion was made by Whitesides, second by Hornady, to approve Ordinance #8749 -
Consideration of Annexation - Area 12 on first reading. The following people spoke in
opposition:
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Page 5, City Council Regular Meeting, July 9, 2002
Chris Riha, 3560 Hillside Drive
Bill Heider, 4148 Springview Drive
Susie Springer, 3624 Schroeder Avenue
Tim Victor, 4228 Springview Drive
John Amick, 410 Amick Avenue, Doniphan - member of Regional Planning Commission
encouraged the Council to adopt the recommendations of the Planning Commission which
opposed areas #12 & 4.
Upon roll call vote, Councilmembers Seifert, Larson, Hornady, Whitesides, Haase, Murray,
Walker and Sorensen voted yes. Councilmembers Pielstick and Ward voted no. Motion adopted.
Motion was made by Larson, second by Whitesides, to approve Ordinance #8750 -
Consideration of Annexation - Area 4 on first reading. Leona Cederland, 4706 Gunbarrel Place
spoke in support. The following people spoke in opposition:
Rollie Reynolds, 239 Lakeside Drive
Bob Kutz, #20 Kuester Lake
Al Karle, 4710 Stoneridge Path
Willie Skala, 323 Mallard Lane
Bud Jeffries, #28 Kuester Lake
Upon roll call vote, Councilmembers Larson and Hornady voted yes. Councilmembers Pielstick,
Ward, Seifert, Whitesides, Haase, Murray, Walker and Sorensen voted no. Motion failed.
CONSENT AGENDA: Motion by Pielstick, second by Larson, carried unanimously to approve
the Consent Agenda excluding item G-21.
Receipt of Official Document - Civil Service Minutes of May 6,2002.
Approving Appointments of Ben Murphy and Dave Soto to the Community Development
Advisory Committee.
Approving Appointments of Glen Murray and Margaret Hornady to the Selection Committee for
the Former City Hall.
Approving Minutes of June 25,2002 City Council Regular Meeting.
Approving Request of Daffodil, LLC dba Conoco One Stop, 2105 West 2nd Street, for Class "D"
Liquor License.
Approving Request ofMahammad Kalam, 2307 West 1 st Street, for Liquor Manager Designation
for Daffodil, LLC dba Conoco One Stop, 21 05 West 2nd Street.
Approving Request of Sharon Scusa, 1835 Valley View Drive, Crete, Nebraska, for Liquor
Manager Designation for Casey's General Stores, Inc. dba Casey's General Store #1768, 420
North Broadwell Avenue.
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Page 6, City Council Regular Meeting, July 9, 2002
Approving Request of Danny C. Dennie, 3605 Bronco Road, for Liquor Manager Designation
for U Save Foods, Inc., dba Sunmart #768,3420 West State Street.
Approving Request of Susan R. McAfee, 1863 ih Avenue, Dannebrog, Nebraska, for Liquor
Manager Designation for Bosselman, Inc., dba Pump & Pantry #8, 2028 North Broadwell
Avenue.
#2002-192 - Approving Acquisition of Dtility Easement Located at 1466 South Gunbarrel Road.
(Robert K. and Kathleen McFarland)
#2002-193 - Approving Acquisition of Utility Easement Located at 1310 South Gunbarrel Road.
(Ronald C. and Norma J. Shullaw)
#2002-194 - Approving Acquisition of Utility Easement Located at 1450 South Gunbarrel Road.
(Michael J. and Beverly E. Nolan)
#2002-195 - Approving Amendment to Community Redevelopment Authority (CRA) Plan and
Authorizing Financing for Dental Office Development.
#2002-196 - Approving Resolution of Intent to Create Business Improvement District #4, South
Locust Street from Stolley Park Road to Fonner Park Road.
#2002-197 - Approving Bid Award for Sanitary Sewer District #501, Freedom Acres to The
Diamond Engineering Company, Grand Island, Nebraska in the Amount of$322,423.16.
#2002-198 - Approving Bid Award for Well Field Pump #3 Replacement to Flowserve,
Taneytown, Maryland, in the Amount of$513,566.00.
#2002-199 - Approving Bid Award for Downtown Alley Improvements, Phase IV Paving,
Storm Sewer and Electrical Proiect 2002-DG-1 to The Diamond Engineering Company, Grand
Island, Nebraska, in the Amount of $392,096.45.
#2002-200 - Approving Designation ofa Loading Zone for Trinity Lutheran Church at 212 West
1ih Street.
#2002-201 - Approving Installation of a Stop Sign for Westbound Traffic on 8th Street
Approaching Howard Avenue.
#2002-202 - Approving Continuation of Sanitary Sewer District #505, Seedling Mile and
Willow Street, North ofDS Highway 30.
#2002-204 - Approving Bid Award for (3) Cardiac Monitors with Zoll Medical Corporation,
Burlington, Massachusetts, in the Amount of $30,975.00.
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Page 7, City Council Regular Meeting, July 9,2002
#2002-205 - Approving Bid Award for Furnishing and Installation of Auto Cashier Multi-Space
Pay Station with Access & Time Automations, Inc., Denver, Colorado, in the Amount of
$20,1 71.00.
#2002-203 - Approving Acquisition of Right of Way Located in the SW1I4 of Section 13-11-10
by Eminent Domain. Motion by Seifert, second by Whitesides to deny Resolution #2002-203.
Public Works Director Steve Riehle explained where the drainage ditch would be located.
Councilmembers Larson, Hornady and Murray stated concerns of the liability to the City if this
was not passed.
Upon roll call vote, Councilmembers Seifert, Walker and Sorensen voted yes. Councilmenbers
Pielstick, Ward, Larson, Hornady, Whitesides, Haase and Murray voted no. Motion failed.
Motion by Larson, second by Ward to approve Resolution #2002-203. Upon roll call vote,
Councilmembers Pielstick, Ward, Larson, Hornady, Whitesides, Haase and Murray voted yes.
Councilmembers Seifert, Walker and Sorensen voted no. Motion adopted.
RESOLUTIONS:
#2002-206 - Approving Installation of Additional Street Lights on 3rd Street from Blaine Street
to Eddy Street. Steve Riehle, Public Works Director, reported that an informational meeting was
held on February 28, 2002, at the Edith Abbott Memorial Library to discuss additional lighting
for the Third Street corridor from Blaine Street to Eddy Street.
Ninety-eight invitations were mailed out to residents along Third Street. Three individuals
attended the meeting. Grand Island's Street Light Standards were discussed at the June 18,2002
, Study Session. Councilmember Fred Whitesides requested a future Council agenda item to
authorize the installation of one additional streetlight per block on Third Street. Seventeen (17)
additional streetlights could be placed mid-block without major disruption of parking areas or
major tree trimming. Lath stakes were installed where the additional streetlights would be placed
so everyone could see where the lights were being proposed. The estimated capital construction
cost would be $26,600. Money would have to be transferred from an existing account to fund the
work.
Councilmember Murray stated concerns of setting a precedence for other areas and the lack of
people who showed up at the meeting to discuss street lights on 3rd Street.
Motion by Whitesides, second by Sorensen, to approve Resolution #2002-206. Upon roll call
vote, Councilmembers Pielstick, Ward, Seifert, Larson, Whitesides, Haase, Walker and Sorensen
voted yes. Councilmembers Hornady and Murray voted no. Motion adopted.
#2002-207 - Approving Resolution to Close Seedling Mile Road from Willow Street East for
Approximately 450 Feet. Steve Riehle, Public Works Director, reported that the section of
undisturbed concrete on Seedling Mile Road east of Willow Road and North of US Highway 30
was eligible for listing with the National Register of Historic Places.
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Page 8, City Council Regular Meeting, July 9, 2002
Mr. Riehle briefed Council on the historical significance of this stretch of the Lincoln Highway
at the April 3, 2001 Study Session. A Resolution to close Seedling Mile Road to vehicular traffic
from the Willow Road intersection east for approximately 500' was on the agenda for Council
consideration at the April 10, 2001 meeting. Abutting property owners expressed concerns about
the impact of closing Seedling Mile Road on their property. They were especially concerned
because the details of the Nebraska Department of Roads (NDOR) project to widen US Highway
30 were not yet finalized. The item was tabled so Staff could work with property owners to
address their concerns.
A meeting was held with abutting property owners on May 15, 2002. Staff felt that the closing of
this stretch of Seedling Mile Road would have to wait until the details of the NDOR's project
were worked out. A new frontage road connection between Seedling Mile/Stuhr Road north of
US Highway 30 was now complete. The frontage road provides an access for the property
owners that were concerned about closing Seedling Mile Road. The Contractor was advised to
keep construction equipment off this historical piece of road to preserve it. If was recommended
that the road be closed to all public vehicular traffic to preserve its integrity and prevent future
damage. Costs for installation of signs and barricades would be minimal.
Randy Rapien, 226 Lakeside Drive expressed concerns about the maintenance.
Motion by Seifert, second by Sorensen, carried unanimously to approve Resolution #2002-207.
PAYMENT OF CLAIMS:
Motion by Whitesides, second by Haase, carried unanimously to approve the Claims for the
period of June 26,2002 through July 9,2002, for a total amount of $4,464,701. 19.
ADJOURNMENT: The meeting was adjourned at 10:00 p.m.
Respectfully submitted,
Qn~w~
RaN ae Edwards
City Clerk