12/19/2000 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
December 19, 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, on December 19,2000. Notice of the meeting was given in the Grand Island Independent
on December 13, 2000.
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 Marian Ferguson,
City Clerk RaNae Edwards, Finance Director David Springer, City Attorney Charlie Cuypers
and Steve Riehle Public Works Director.
PLEDGE OF ALLEGIANCE was said followed by an It's About Kids! Assets were presented
by Randi Melsen and Jeff Depue.
RESERVE TIME TO SPEAK ON AGENDA ITEMS: One individual reserved time to speak on
agenda items.
PUBLIC HEARINGS:
Public Hearing on Re-Declaration of a Site in the City of Grand Island, Nebraska, as Blight and
Substandard Area #1. Cindy Johnson, Community Projects Director, reported that a blight and
substandard study was prepared by Hanna:Keelan Associates P.C. for an area referred to as
"Redevelopment Area #1". The Redevelopment Area #1 contains approximately 1,033 acres
located in northeast Grand Island. Specifically, dilapidated/deterioration of buildings, age or
obsolescence, existence of conditions which endanger life or property by fire and other causes.
This designation was approved by the Regional Planning Commission at their meeting of
December 13,2000. No public testimony was heard.
Public Hearing on Declaration of a Site in the City of Grand Island, Nebraska, as Blight and
Substandard Area #4. Cindy Johnson, Community Projects Director, reported that a blight and
substandard study was prepared by Hanna:Keelan Associates P.C. for an area referred to as
"Redevelopment Area #4". The Redevelopment Area #4 contains approximatel~ 105 acres
located adjacent to existing Blight and Substandard Area #1, from 2nd Street to 4t Street, and
Clark Street to Broadwell Avenue. This area encompasses the site to be used as the One Stop
Center. Additionally, interest had been shown in redeveloping another property in this area for a
medical detox facility and in making improvements to the unpaved roads in this area.
Substandard factors were found throughout the Redevelopment Area. Specifically, deterioration
of facilities, including sidewalks, improper subdivision or obsolete platting, incompatible land
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Page 2, City Council Regular Meeting, December 19,2000
uses and functional obsolescence, and age of buildings. This designation was approved by the
Regional Planning Commission at their meeting of December 13, 2000. No public testimony was
heard.
Public Hearing on Proposed Grant Application to Department of Economic Development for
Community Development Block Grant for Updated Housing Study. Cindy Johnson, Community
Projects Director, reported that the Nebraska Department of Economic Development accepts
applications through the Community Development Block Grant Program (CDBG) for grant
funding to assist in the development and distribution of a housing study. A housing study was
last completed in 1995. It was recommended that these studies be updated every five years. The
City's request to CDBG was for funding in the amount of $21,000; total cost of the project was
anticipated to be approximately $26,000. A request had been approved by the Community
Redevelopment Authority to provide the remaining $5,000 required as matching funds. This was
the second of the two required Public Hearings, the first Public Hearing was held on December
5, 2000: No public testimony was heard.
Public Hearing on Application of Albertson's, Inc. dba Albertson's Express #2265, 1235 Allen
Drive, for Class "B" and "K" Liquor License. RaNae Edwards, City Clerk, reported that Gary
Michael, Chairman of Board, for Albertson's, Inc. dba Albertson's Express #2265, 1235 Allen
Drive, had submitted an application with the City Clerk's Office for a Class "B" and "K" Liquor
License. A Class "B" Liquor License allows for the Off Sale of Beer only inside the Corporate
Limits of the City of Grand Island and the Class "K" Liquor License allows for the Off Sale of
Wine only. Ms. Edwards offered the following exhibits for the record: Application submitted to
the Liquor Control Commission and received by the City on December 6, 2000; notice to
applicant of date, time and place of hearing mailed December 6,2000; notice to general public of
date, time and place of hearing published on December 11, 2000; departmental reports as
required by law; and Chapter 4 of City Code. Approval was recommended contingent upon final
inspections. Dan Klaus, Attorney representing Albertson's spoke in favor. No additional public
testimony was heard.
Mayor Gnadt recognized and congratulated Cindy Johnson, Community Projects Director for
receiving her Masters Degree from the University of Nebraska, Lincoln.
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:
#8645 - Consideration of Vacation of Easement at Westgate Subdivision (Fred H.
Bosselman)
#8646 - Consideration of Vacation of Alley at the Old Walnut School Redevelopment
Project (Clebum Street to Elm Street)
#8647 - Consideration of Creating Street Improvement District #1238, Tech Drive in
Community College Subdivision
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Page 3, City Council Regular Meeting, December 19, 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. Councilmember
Ward seconded the motion. Upon roll call vote, all voted aye. Motion adopted.
Mayor: Is there anyone in the audience interested in this ordinance? There was no comment.
City Clerk: Ordinances #8645, #8646 and #8647, 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. Councilmember Pielstick voted nay on Ordinance #8646. Motion was adopted.
City Clerk: Ordinance #8645, #8646 and #8647, 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. Councilmember Pielstick voted nay on Ordinance #8646. Motion was adopted.
Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinances
#8645, #8646 and #8647, are declared to be lawfully passed and adopted upon publication as
required by law.
CONSENT AGENDA: Councilmember Pielstick requested item G-7a, b & c be removed from
the Consent Agenda. Councilmember Larson requested item G-5 be removed from the Consent
Agenda. Councilmember Murray requested item G-14 be removed from the Consent Agenda.
Motion by Pielstick, second by Whitesides, carried unanimously to approve the Consent Agenda
excluding items G-5, G-7a, b & c and G-14.
Approving Official Documents, including Minutes of Civil Service Commission Meeting of
November 9,2000.
A?proving Minutes of December 5,2000 City Council Regular Meeting.
Approving Minutes of December 12, 2000 City Council Study Session.
Approving Appointment of Tom Ziller to the Business Improvement District #2 Board for a
Term to Expire January 1, 2004.
Approving Terms of Appointment for Business Improvement District #2 Board. Mark Myers,
Kirk Mama!, Joanne Holmes and Tom Ziller for a Term to Expire January 1, 2004; Vic
Aufdemberg, Steve Rasmussen, George Bartenbach, Helen Pahl and Dan Cimino for a Term to
Expire January 1, 2003; Earl Ahlschwede and Sharon Walsh for a Term to Expire January 1,
2002.
Approving Appointments of Councilmembers to Boards and Commissions, Including
Councilmembers Scott Walker, Fred Whitesides and Robert Sorensen to the City/County
Communications Civil Defense Committee; Councilmember Joyce Haase to the Building Code
Advisory Board; Councilmembers Larry Seifert and Joyce Haase to the Regional Planning
Commission; Councilmembers Margaret Homady and Jackie Pielstick to the Downtown
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Page 4, City Council Regular Meeting, December 19, 2000
Development Board; Councilmember Glen Murray to the Legislative Committee - League
Board: Councilmember Glen Murray to the Transportation Committee: Councilmember Jackie
Pielstick to the Community Development Board: Councilmember Gale Larson to the Grand
Island Economic Development Corporation Board: Councilmembers Glen Murray and Fred
Whitesides to the Local Facilities City/County Committee and Councilmember Gale Larsen to
the Board of Health. The terms for these appointments are effective December 19, 2000 for a
one-year period oftime. Additionally, since the purpose of the Natural Gas Rate Committee has
been fulfilled, this committee is dissolved.
Approving Request of Albertson's Inc., dba Albertson's Express #2265, 1235 Allen Drive, for
Class "B" and "K" Liquor License
Approving Request of Mark Sallaway for Liquor Manager Designation for Albertson's, Inc., dba
Albertson's Express #2265, 1235 Allen Drive
#2000-374 - Approving Final Plat and Subdivision for Platte Valley Industrial Park 3rd
Subdivision. It was noted that Judith K. Poland, Robert K. Poland, Grand Island Area Economic
Development Corporation, GIAET L.L.C., Boyd & Boyd Investments, and Gappa Distributing,
Inc., owners, had submitted a final plat for Platte Valley Industrial Park 3rd Subdivision, located
east of Highway 281 between Schimmer Drive and Wildwood Drive and that this plat proposed
to create 22 lots and 3 out lots in Section 5-10-9.
#2000-375 - Approving Final Plat and Subdivision for D.B. Baxter Subdivision. It was noted
that C. Daryl and Sallie O. Baxter, owners, had submitted a final plat for D.E. Baxter
Subdivision, located south of Airport Road and east of Monitor Road and that this plat proposed
to create one lot in Section 3-11-10.
#2000-376 - Approving Final Plat and Subdivision for Brach's 5th Subdivision. It was noted that
Norman D. and Phyllis B. Saale, owners, had submitted a final plat for Brach's 5th Subdivision,
located west of Harrison Street between La Mar Avenue and Barbara Avenue and that this plat
proposed to create two lots in Section 21-11-9.
#2000-377 - Approving Final Plat and Subdivision for Valentine Motel Subdivision. It was
noted that Earnest C. and Betty June Whipple, owners, had submitted a final plat for Valentine
Motel Subdivision, located south of Lake Street and west of South Locust Street and that this
plat proposed to create two lots in Section 33-11-9.
#2000-378 - Approving Lambert's Fifth Subdivision. It was noted that Galvan Construction,
Inc., owner, had submitted a final plat for Lambert's Fifth Subdivision, located south of ih
Street, north of 6th Street and east of Congdon Avenue and that this plat proposed to re-subdivide
Lot 1 Lambert's 3rd Subdivision into two lots.
#2000-382 - Awarding Bid for Tractor and Mower for Utilities Department to Green Line
Equipment, Grand Island, Nebraska, in the Amount of$34,030.00
#2000-383 - Awarding Bid for (7) Police Vehicles to Anderson Ford, Grand Island, Nebraska, in
the Amount of$151,872.00 (net).
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Page 5, City Council Regular Meeting, December 19,2000
#2000-384 - Approving Consulting Services for South Locust Proiect Between Highway 34 and
Stolley Park Road to Olsson Associates, Grand Island, Nebraska, to be Billed at Actual Cost with
a Maximum of$322,805.00 for 2001 Construction and $367,765.00 for 2002 Construction.
#2000-385 - Awarding Bid for Type III - Ambulance to Midwest Vehicle Professionals, Inc.,
York, Nebraska, in the Amount of$104,531.00.
#2000-386 - Approving Contract for Vending Machine Services with VVS, Inc./Coca-Cola
Enterprises, Inc., Grand Island, Nebraska.
#2000-387 - Awarding Bid for (3) Pickup Trucks for Parks Department through State Contract
#CA-5508B and State Contract #CA-5519 to Lincoln Dodge, Inc., Lincoln, Nebraska, in the
Amount of $48,644.90.
#2000-388 - Approving Re-Declaration of a Site in the City of Grand Island, Nebraska, as Blight
and Substandard Area #1.
#2000-389 - Approving Declaration of a Site in the City of Grand Island, Nebraska, as Blight
and Substandard Area #4.
#2000-390 - Approving Proposed Grant Application to Department of Economic Development
for Community Development Block grant for Updated Housing Study.
#2000-391 - Approving Renewal of Interlocal Agreement with Hall County Relative to Receipt
and Administration of Juvenile Accountability Block Grant Funds.
#2000- 392 - Approving Modivication of 200 1 Golf Course Fee Schedule.
#2000-394 - Approving Waiver of Requirements for Sidewalks in Westgate Eighth Subdivision.
#2000-395 - Approving Declaration of Emergency for Procurement Processes and Award
Contract for Centrifuge Repairs to Centrifuge Technology, Inc., Houston, Texas, in the Amount
of $52,000.00.
#2000-396 - Approving Certificate of Final Completion and Setting of Board of Equalization
Date for Water Main District #373T(E), Blaine Street from Highway 34 to Schimmer Drive.
#2000-397 - Approving Contract for Police Services for Hall County Housing Authority.
#2000-398 - Approving Lease Agreement with Bellows Outdoor Advertising, Inc. for an
Outdoor Advertising Sign Located on Webb Road.
Approving Request for Preliminary Plat for Regents Park Subdivision. Councilmember Larson
expressed his concern regarding the absence of sidewalks along Adams Street and felt that this
should be included at this time. Chad Nabity, Regional Planning Director, stated that the purpose
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Page 6, City Council Regular Meeting, December 19,2000
was to limit access on Adams Street. Councilmember lIomady agreed with Councilmember
Larson, and stated her concern was the increased traffic to Adams Street and Harrison Street.
City Administrator MarIan Ferguson, stated that with an increase of traffic on Adams Street, a
plan for sidewalks needs to be developed. Councilmember Murray agreed with limiting access to
Adams Street. Councilmember Seifert questioned if the developers would pay the cost for fences
and sidewalks. Mr. Nabity responded yes, which costs are usually passed on to the buyers. Mr.
Nabity also stated he was not sure where the sidewalks would be placed. Motion by Sorensen to
approve the Preliminary Plat for Regents Park Subdivision with the condition that sidewalks
along Adams Street are considered prior to the final plat. Second by Larson, carried unanimously
to approve.
#2000-379 - Approving Telephone Service Letter of Intent with US West for the One Stop
Center.
#2000-380 - Approving Change Order to Architectural Services for One Stop Center with Webb
& Company Architects, Grand Island, Nebraska.
#2000-381 - Approving Contract with Westland Building Company, Hastings, Nebraska, for
Remodeling/Renovation of One Stop Center in the Amount of $482,894.00, plus $4,989.00 for
Additional Window Replacement.
Motion by Larson, second by Harnady to approve Resolutions #2000-379, #2000-380 and
#2000-381. Councilmember Whitesides wanted to make it clear that the City has put money into
this building, but that the state will pay rent back to the City. Cindy Johnson, Community
Projects Director, explained that a 5 year lease with the State of Nebraska had been agreed to and
that after the 5 years the State and City could renegotiate the lease or the City could sell the
building. Councilmember Pielstick stated that she was surprised at the cost and felt the City
should have sold the building. Ms. Johnson stated that a grant of$150,000.00 would help pay for
the remodeling and that CRA had budgeted $100,000.00. Councilmember Sorensen questioned
the revenue sources and how much that would bring in a year through the leases. Ms. Johnson
stated that they were looking at approximately $8.00 per square foot for rent and that
approximately 14,300 square feet had been leased which will be approximately $114,400.00 per
year. City Administrator MarIan Ferguson, stated that the major player is the Nebraska
Department of Labor. Upon roll call vote on motion to approve, Councilmembers Ward, Seifert,
Larson, Hornady, Whitesides, Haase, Murray, Walker, and Sorensen voted aye. Councilmember
Pielstick voted nay. Motion adopted.
#2000-393 - Approving Discontinuation of Sanitary Sewer District #496, Western Heights 4th
Subdivision (A Portion of Sharma Street, Branding Iron Court and Branding Iron Lane).
Councilmember Murray stated that by law the Council would have to discontinue Sanitary Sewer
District #496, but as was discussed at the December 12, 2000 City Council Study Session, it is
not a matter of if the septic tanks break, but when. Motion by Murray, second by Sorensen,
carried unanimously to approve.
Pat Downs, Economic Development Corporation (EDC) President, made a presentation
regarding the Platte Valley Industrial Park 3rd Subdivision. Several students from Northwest
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Page 7, City Council Regular Meeting, December 19,2000
High School and their teacher Norm Hayes were present to receive recognition in naming a street
in the Platte Valley Industrial Park 3rd Subdivision. "Gold Core Drive" was the name selected by
the Northwest High School students. Mr. Downs also presented a letter to the Council
summarizing the EDC projects for the year. He also thanked the Mayor and Council for their
support.
RESOLUTIONS:
#2000-329 - Approving Consideration of Acquisition of Right of Way for Hike/Bike Trail, Lot
2, Burris Subdivision (Lance and Sherry Hermansen). Steve Paustain, Parks and Recreation
Director, reported that acquisition of additional right-of-way was required in order to construct a
hikelbike trail that would connect Shoemaker Elementary School and Westridge Middle School
to the State Street Hike/Bike Trail. The Parks and Recreation Department had requested
permission to negotiate with the current landowners for acquisition of the right-of-way for Lot 2,
Burris Subdivision (Lance and Sherry Hermansen). As discussed at the November 21, 2000
Regular Meeting and the December 12, 2000 Study Session, this item was brought before
Council for approval. Lance Hermansen, 4019 Cannon Road, owner, asked if this was just for
the negotiation of the property. Mr. Paustain stated that it was. Motion by Ward, second by
Larsen, carried unanimously to approve.
#2000-399 - Approving Emergency Procurement for 2001 Dodge Grand Caravan on State
Contract from Lincoln Dodge, Inc., Lincoln, Nebraska in the Amount of $20,868.00 Motion by
Murray, second by Larson to add Resolution #2000-399 as an emergency item to the agenda.
Motion carried unanimously to approve.
Steve Paustain, Parks and Recreation Director, reported that the Heritage Zoo van had been
vandalized over the week-end and as that is the only vehicle it was necessary to proceed with an
emergency procurement of a new vehicle. Motion by Murray, second by Seifert, carried
unanimously to approve.
PAYMENT OF CLAIMS: Motion by Whitesides to go into executive session to discuss claim
#99834. Motion dies for lack of second. Councilmember Seifert felt that discussion on this claim
needed to be in open forum.
Motion by Hornady, second by Ward, to approve the Claims for the period of November 22
through December 19, 2000, claims #99277, #99526, #99625, #98627, #99209, #99407, #99401,
#99373, #99374, #99375, #99322, #99262, #99232, #99436 and #99729 through #100328 for a
total claims amount of $8,005,722.85, excluding claim #99834 in the amount of $46,641.62 for
an adjusted amount of$7,959,081.23.
Councilmember Whitesides voiced concern about paying claim #99834 when he thought is had
been paid. City Attorney Charlie Cuypers, stated that the claim is to be paid to Employers
Mutual Casualty (EMC) who is the City's insurance carrier. Mr. Cuypers stated that EMC had
settled the case out of Court and that this represented the Self Insurance Retention amount which
is like a deductible for the City. Mr. Cuypers recommendation to the council was to have a
meeting where the attorneys representing the City could come out and visit with the council and
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Page 8, City Council Regular Meeting, December 19,2000
explain the settlement. Councilmember Ward and Pielstick stated that they did not feel is was
necessary to have attorney's come out and cost the City any more expense on this case. Kent
Lewis, 624 East Meves, urged council not to pay the claim. Councilmember Larson raised a
point of order regarding the motion on the floor which was to pay all claims except Claim
#99834. Upon roll call vote, Councilmembers Ward, Seifert, Larson, Hornady, Whitesides,
Haase, Murray, Walker and Sorensen voted aye. Councilmember Pielstick voted nay. Motion
adopted.
Motion by Larson, second by Ward to approve Claim #99834. Councilmember Ward, Larson
and Hornady stated that EMC had the right to settle this claim and this was similar to a
Workman's Compensation claim. Councilmember Walker asked what would happen if this claim
was denied. Mr. Cuypers stated that we would have to visit with EMC and they could cancel our
insurance policy. Councilmember Pielstick asked if a Judge issues an order in the settlement
process. Mr. Cuypers replied that when all parties agree there is no Judge's decision.
Councilmember Whitesides asked if the council was given a copy of the contract with EMC. Mr.
Cuypers stated that the council had not likely been provided with a copy in its entirety before
council approval, but that provisions given an insurance company to settle claims are fairly
standard in liability policies. Upon roll call vote, Ward, Larson, Hornady and Murray voted aye.
Pielstick, Seifert, Whitesides, Walker and Sorensen voted nay. Haase abstained. Motion failed.
Motion by Whitesides, second by Pielstick to place Claim #99834 on the next regular meeting in
executive session and have the attorney's representing the case be present to visit with the
council. Councilmember Hornady asked about the cost of having the attorney's come out. Mr.
Cuypers stated that there would probably be a fee on a per hour basis. Upon roll call vote,
Pielstick, Whitesides, Haase, Murray, Walker and Sorensen voted aye. Ward, Seifert, Larson and
Hornady voted nay. Motion adopted.
ADJOURNMENT: The meeting was adjourned at 8:40 p.m.
Respectfully submitted,
RJ\~ ill~
RaN ae Edwards
City Clerk