01/09/2001 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
January 9,2001
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 January 9,2001. Notice of the meeting was given in the Grand Island Independent on
January 3,2001.
Mayor Ken Gnadt called the meeting to order at 7:00 p.m. The following members were present:
Councilmembers Pielstick, Ward, Seifert, Larson, Whitesides, Haase, Murray, Walker and
Sorensen. Councilmember Hornady was absent. The following City Officials were present: City
Administrator Marlan 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 Jason Harper, Megan Jones and Rae Ann Powers.
RESERVE TIME TO SPEAK ON AGENDA ITEMS: Three individuals reserved time to speak
on agenda items.
BOARD OF EQUALIZATION: Motion by Murray, second by Larson, carried unanimously to
adjourn to Board of Equalization.
#200l-BE-l - Determining Benefits for Street Improvement District #1225, Allen Drive. Steve
Riehle, Public Works 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 Street
Improvement District #1225, Allen Drive. Motion by Murray, second by Sorensen, carried
unanimously to approve.
RETURN TO REGULAR SESSION: Motion by Sorensen, second by Larson, carried
unanimously to return to Regular Session.
PUBLIC HEARINGS:
Public Hearing on Acquisition of Retention Cell Property in Commercial Industrial Park
Subdivision Located South of Highway 30 and East of Webb Road. Steve Riehle, Public Works
Director, reported that acquisition of retention cell property in Commercial Industrial Park
Subdivision located south of Highway 30 and east of Webb Road was required for storm water
runoff from properties located within the subdivision. The Public Works engineering staff has
studied the feasibility of acquiring the existing retention cell and the feasibility of constructing an
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Page 2, City Council Regular Meeting, January 9,2001
outlet for the cell to storm sewer systems in the area so the cell would function as a detention
cell. Earl Ahlschwede representing the owners spoke in favor. No further testimony was heard.
Public Hearing on Acquisition of Utility Easement in Allevway between Second Street and Third
Street, from Cedar Street to Elm Street, Lot 7, Block 62, Original Town, St. Stephens Episcopal
Church. Gary Mader, Utilities Director, reported that acquisition of a utility easement located in
the alleyway between Second Street and Third Street, from Cedar Street to Elm Street, was
required in order to have access to install, upgrade, maintain, and repair power appurtenances.
This easement would be used to locate a high voltage switch cabinet and a pad mounted
transformer as part of the Downtown Underground Project. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement in Allevway between Second Street and Third
Street, from Cedar Street to Elm Street, Lot 8, Block 62, Original Town, St. Stephens Episcopal
Church. Gary Mader, Utilities Director, reported that acquisition of a utility easement located in
the alleyway between Second Street and Third Street, from Cedar Street to Elm Street, was
required in order to have access to install, upgrade, maintain, and repair power appurtenances.
This easement would be used to serve Block 63 with underground power and have a three phase
pad mounted transformer on this site for the Downtown Underground Project. No public
testimony was heard.
Public Hearing on Acquisition of Utility Easement at 3133 West Highway 34, Lot 1, Stuhr
Museum Subdivision, Museum Board of Hall County. Gary Mader, Utilities Director, reported
that acquisition of a utility easement located at 3133 West Highway 34, was required in order to
have access to install, upgrade, maintain, and repair power appurtenances. The Utilities
Department has installed both water and electric utilities on Stuhr Museum grounds. This
easement encompasses those installations and allows for the legal right to enter the property as
required to maintain and update equipment. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement in Allevway between Walnut Street and
Wheeler Street from Koenig Street to Charles Street, Lanzendorf Holding Ltd. Partnership. Gary
Mader, Utilities Director, reported that acquisition of a utility easement located in the alleyway
between Walnut Street and Wheeler Street, from Koenig Street to Charles Street, was required in
order to have access to install, upgrade, maintain, and repair power appurtenances. This
easement would be used to locate a three-phase pad mounted transformer to serve a new business
on this property. No public testimony was heard.
Public Hearing on Proposed Amendment to Chapter 36 of the Grand Island City Code Regarding
Zoning Regulations. Chad Nabity, Regional Planning Director, reported that amendments are
proposed to Chapter 36 of the City Code to address regulations relative to zoning. This
amendment would revise code to include the addition of the Comhusker Army Ammunition
Plant zoning districts to the Grand Island City Code and changes to the accessory building
section of the code to eliminate conditional use permits for large detached accessory structures.
No public testimony was heard.
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Page 3, City Council Regular Meeting, January 9,2001
ORDINANCES:
Councilmember Sorensen moved that Ordinance #8651 be removed from the agenda to a Study
Session. Second by Whitesides. Councilmember Whitesides stated that this ordinance was not to
remove certain animals from the City but would allow the City to ticket any loud noise. Charlie
Cuypers, City Attorney, stated that current City code only allows for ticketing loud dogs. If
passed, this ordinance would expand that coverage to include all loud animal noises.
Councilmember Pielstick stated she had received calls about the peacocks at the zoo. Mr.
Cuypers stated that enforcement officials would have to exercise judgement. Councilmember
Sorensen mentioned the wild ducks at Pier Park. Mr. Cuypers stated "the City doesn't own
them". Bill Giddings, 2311 Viking Court, spoke in favor of the ordinance. Upon roll call vote,
Pielstick, Seifert, Haase, Walker and Sorensen voted aye. Ward, Larson, Whidesides and Murray
voted nay. Motion failed.
Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that ordinances numbered:
#8649 - Consideration of Creating Sanitary Sewer District #498, Western Heights 4th
Subdivision (A portion of Sharma Street, Branding Iron Lane and Branding Iron Court)
#8650 - Setting Assessments for Street Improvement District #1225, Allen Drive
#8652 - Amending Chapter 36 of the Grand Island City Code Relative to Zoning
Regulations
#8653 - Amending Salary Ordinance
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? Kathy Carmichael, 4246
Branding Iron Court, spoke in opposition to Ordinance #8649.
City Clerk: Ordinances #8649, #8650, #8652 and #8653, 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.
City Clerk: Ordinance #8649, #8650, #8652 and #8653, 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.
Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinances
#8649, #8650, #8652 and #8653, are declared to be lawfully passed and adopted upon
publication as required by law.
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Page 4, City Council Regular Meeting, January 9,2001
#8651 - Amending Chapter 5 of the Grand Island City Code Relative to Dangerous
Animals
City Clerk: Ordinance #8651 on its first reading. All those in favor of the passage of this
ordinance on first reading, answer roll call vote. Upon roll call vote, Ward, Seifert, Larson,
Whitesides, Haase, Murray, and Walker, voted aye. Pielstick and Sorensen voted nay. Motion
adopted
City Clerk: Ordinance #8651 on its final passage. All those in favor of the passage of this
ordinance on final passage, answer roll call vote. Upon roll call vote, Ward, Seifert, Larson,
Whitesides, Haase, Murray, and Walker, voted aye. Pielstick and Sorensen voted nay. Motion
adopted
Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinance
#8651 is declared to be lawfully passed and adopted upon publication as required by law.
CONSENT AGENDA: Councilmember Whitesides requested item G-1a & G-1b be removed
from the Consent Agenda. Motion by Pielstick, second by Seifert, carried unanimously to
approve the Consent Agenda excluding items G-1a & G-lb.
Approving Minutes of December 19, 2000 City Council Regular Meeting.
#2001-1 - Awarding Bid for Trench Rescue and Confined Space Rescue Equipment to Ed M
Feld Equipment Co., Inc. of Carroll, Iowa, in the Amount of$17,969.00.
#2001-2 - Approving Acquisition of Utility Easement in Alleyway Between Second Street and
Third Street, from Cedar Street to Elm Street, Lot 7, Block 62, Original Town, St. Stephens
Episcopal Church. Councilmember Pielstick voted nay.
#2001- 3 - Approving Acquisition of Utility Easement in Alleyway Between Second Street and
Third Street, from Cedar Street to Elm Street, Lot 8, Block 62, Original Town, St. Stephens
Episcopal Church. Councilmember Pielstick voted nay.
#2001-4 - Approving Acquisition of Utility Easement at 3133 West Highway 34, Lot L Stuhr
Museum Subdivision, Museum Board of Hall County.
#2001-5 - Approving Acquisition of Utility Easement in Alleyway Between Walnut Street and
Wheeler Street, from Koenig Street to Charles Street, LanzendorfHoldings Ltd. Partnership.
#2001-6 - Approving Change Order# I to Contract with Diamond Engineering, Grand Island,
Nebraska, for Downtown Alleys - Phase I - Between 3rd Street and South Front Street from
Sycamore Street to Cedar Street.
#2001-7 - Approving Change Order #1 to Contract with Dominion Construction Companv,
Scottsbluff, Nebraska, in Coni unction with the Nebraska Department of Roads for Signal Work
at Stolley Park Road and US Highway 281 Intersection.
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Page 5, City Council Regular Meeting, January 9,2001
#2001-8 - Approving Certificate of Final Completion for Downtown Alleys - Phase I - Between
Third Street and South Front Street from Sycamore Street to Cedar Street and Setting Board of
Equalization Date for February 6,2001.
#2001-9 - Approving Continuation and Construction of Street Improvement District # 123 5 ,
Alley Between Second Street and Third Street from Cedar Street to Walnut Street.
#2001-10 - Approving Continuation and Construction of Street Improvement District #1236,
Alley Between Second Street and Third Street from Elm Street to Cedar Street.
#2001-11 - Approving Continuation and Construction of Street Improvement District # 123 7 ,
Wortman Drive in Community College Subdivision.
#2001-12 - Approving Support and Sponsorship for Annual Fishing Derby.
#2001-13 - Approving Modification to 2001 Golf Course Fee Schedule.
#2001-14 - Approving Amendment to Section 125 (Employee Cafeteria) Plan.
#2001-15 - Authorizing Grant application from the Natural Resources Development Funds for
De-Watering Proiect.
#2001-16 - Approving Stop Signs for East/West Traffic at the Intersection of 20th Street and Oak
Streets Near Knickrehm Elementary School.
#2001-17 - Approving Funding of Economic Development Request (NWPS Funds).
#2001-18 - Approving Financial Institutions for Public Funds.
#2001-19 - Approving Interlocal Cooperation Agreement with Hall County for Design,
Construction and funding of Substructure for Hike/Bike Trail on South Locust Bridges.
Approving Official Document including Tort Claim filed by Jose Cruz. Motion by Whitesides,
second by Larson to take no action on this item. Upon roll call vote, Pielstick, Ward, Seifert,
Larson, Whitesides, Haase, Walker and Sorensen vote aye. Murray voted nay. Motion adopted.
Approving Official Document including Petition for Mandamus Filed by Alan Sydow.
Councilmember Whitesides asked for clarification from the City Attorney. Charlie Cuypers, City
Attorney, stated that this action was a formality to receive the document as part of the official
record. Motion was made by Larson, second by Whitesides to approve the official document
"Petition for Mandamus" filed by Alan Sydow.
Motion by Seifert to call for the question, second by Larson. Upon roll call vote Pielstick, Ward,
Seifert, Larson and Whitesides voted aye. Haase, Murray, Walker and Sorensen voted nay.
Motion failed.
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Page 6, City Council Regular Meeting, January 9,2001
Alan Sydow, 1804 West 10th Street, stated that council could avoid litigation if they approve to
put this issue to a vote of the people. Upon roll call vote to receive the official document as part
of the record, Pielstick, Ward, Seifert, Larson, Whitesides, Murray and Walker vote aye. Haase
and Sorensen voted nay. Motion adopted.
REQUESTS AND REFERRALS:
Approving Referral of One and Six Year Street Improvement Plan to Regional Planning
Commission. Steve Riehle, Public Works Director, reported that State law requires that cities
adopt a One and Six Year Street Improvement Plan on an annual basis in order to maintain
eligibility to receive state gas tax revenues and that an updated plan had been developed by the
Public Works Department for referral first to the Regional Planning Commission and then to the
City Council. Motion by Murray, second by Sorensen, carried unanimously to forward to the
Regional Planning Commission.
RESOLUTIONS:
#2001-20 - Approving Purchase of Van for Heritage Zoo. Steve Paustain, Parks and Recreation
Director, reported that on December 19, 2000, the City Council approved Resolution 2000-399,
whereby authorizing the Parks and Recreation Department the emergency procurement for the
purchase of a replacement van for the Heritage Zoo which had been vandalized. Approval was
given to purchase a 2001 Dodge Grand Caravan from State contract holder, Lincoln Dodge, Inc.
of Lincoln, Nebraska in the amount of $20,686.00. Council requested the van be purchased
locally if possible. Mr. Paustain met with Anderson Ford representatives and negotiated a price,
which is less than the State contract price. It was recommended that Resolution #2000-399 be
rescinded and that approval to purchase a 2001 Ford Van from Anderson Ford, Lincoln,
Nebraska pursuant to State Contract No. CA5525A-1 for a total amount of $19,440.00 be
approved. Councilmember Seifert asked where we were headed with the zoo. Mr. Paustain stated
that the Zoo Committee would meet this week and would bring a recommendation to City
Council at their January 16, 2001 Study Session. Councilmember Walker asked if restitution
would be paid by the individuals who did the damage to the van. Mr. Paustain stated that would
have to be a decision of the Court. Motion by Larson, second by Sorensen, carried unanimously
to approve.
#2001-21 - Approving 1999-2000 Encumbrances. David Springer, Finance Director, reported
that the Finance Department is presenting for approval the fiscal year end encumbrances to
ensure for utilization of the unused appropriation from the previous fiscal year and that at the end
of the fiscal year, the Finance Department met with each department to review the outstanding
encumbrances. It was noted that encumbrances would be "rolled forward" to allow the unused
appropriation for FY 1999-2000 to be used in the current year budget and that the encumbrances
had been included in departmental cash projections during the budget process so there is no cash
flow effect on this years budget. Motion by Seifert, second by Murray, carried unanimously to
approve.
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Page 7, City Council Regular Meeting, January 9,2001
PAYMENT OF CLAIMS: Motion by Whitesides, second by Seifert, carried unanimously to
approve the Claims for the period of December 20, 2000 through January 9, 2001, claims
#31074, #50127, #53737, #52910, #47496, #24684, #98813, #100099 and #100329 through
#100987 for a total claims amount of$2,141,663.24.
ADJOURNMENT: The meeting was adjourned at 8:10 p.m.
Respectfully submitted,
QGf\OL ID~
RaNae Edwards
City Clerk