01/23/2001 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
January 23, 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 23,2001. Notice of the meeting was given in the Grand Island Independent on
January 17, 2001.
Mayor Ken Gnadt called the meeting to order at 7:00 p.m. The following members were present:
Counci1members Pie1stick, Ward, Seifert, Larson, Hornady Whitesides, Haase, Murray, Walker
and Sorensen. The following City Officials were present: City Administrator Marlan Ferguson,
City Clerk RaNae Edwards, Finance Director David Springer, City Attorney Charlie Cuypers
and Bud Buettner Assistant Public Works Director.
PLEDGE OF ALLEGIANCE was said followed by an It's About Kids! Assets were presented
by Tara Roseberry and Allison Klimek. Christine Haney, Family Preservation Grant Coordinator
made a presentation to Charlie Kuzma and Kara Nanse1, wil1l1ers for the "It's About Kids!" for
the month of January 2001.
RESERVE TIME TO SPEAK ON AGENDA ITEMS: One individual reserved time to speak on
agenda items.
PRESENTATION AND PROCLAMATIONS:
Presentation by Yogi Reppmal1l1 Regarding the 16 State Low German Conference to be held in
Grand Island, October 2001.
Presentation by Betty Curtis of Clean Community System on Household Hazardous Waste.
Presentation by Michelle Stromp of KPMG Relative to Fiscal Year 2000 Electric and Water
Audit Reports.
Presentation on Proiect Impact by Cindy Johnson, Community Projects Director and Joni
Kuzma- Titsworth.
BOARD OF EQUALIZATION: Motion by Sorensen, second by Whitesides, carried
unanimously to adjourn to Board of Equalization.
#2001-BE-2 - Determining Benefits for Water Main District #373T(E), Blaine Street From
Highway 34 to Schimmer Drive. 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
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Page 2, City Council Regular Meeting, January 23,2001
benefits associated with Water Main District #373T(E). Motion by Larson, second by Sorensen,
carried unanimously to approve.
RETURN TO REGULAR SESSION: Motion by Murray, second by Sorensen, carried
unanimously to return to Regular Session.
PUBLIC HEARINGS:
Public Hearing on Proposed One and Six Year Street Improvement Program. Bud Buettner,
Assistant Public Works Director, reported that the Engineering Division of the Public Works
Department had prepared a proposed One and Six Year Street Improvement Plan as provided for
by State Statutes. This plan was presented to the City Council at the City Council Study Session
of January 16, 2001 and the Planning Commission at their January 10, 2001 Regular Meeting.
The plan addresses streets, trails and drainage improvements throughout the City and is intended
to prioritize needs and address federal and local funding availability. The plan has been revised
each year in order to incorporate changing requirements resulting from varying local priorities
and funding limitations. The plan must be submitted to the Nebraska Department of Roads by
March 1,2001. The staff and Regional Planning Commission recommended approval. No public
testimony was heard.
Public Hearing on Adoption of Official City Zoning Map for 2001. Chad Nabity, Planning
Director, reported that the Regional Planning Department had developed the Official Zoning
Map in accordance with Section 36-7 of the Grand Island City Code whereby establishing the
location, size, shape and boundaries of the zones approved by the City Council for the
enforcement of zoning regulations. It had been recommended that the Official Zoning Map be
ratified, affirmed, readopted and published on an annual basis. The Regional Planning
Commission approved the Official Zoning Map at their January 10, 2001 meeting. No public
testimony was heard.
Public Hearing on Land Use Designation for Property Located West of Highway 281 and North
of Schimmer Drive to Amend Residential Development (RD) (Ponderosa Lake Estates 5th
Subdivision. Chad Nabity, Planning Director, reported that James Baldwin and Mary Maxine
Baldwin, owners, had submitted a request to amend to the Ponderosa Lake Estates Residential
Development (RD) zone, west of Highway 281 and north of Schimmer Drive to allow for 13
new residential lots and 4 out lots. The Regional Planning Commission, at their meeting of
December 13, 2000, voted unanimously to approve the request. No public testimony was heard.
Public Hearing on Application of Hoch, Inc. dba H & H Distributing, 3242 West Second Street,
License W13932, to Change Location to 4221 Juergen Road. RaNae Edwards, City Clerk,
reported that Harry Hoch, Jr., President, Hoch, Inc., dba H & H Distributing, 3242 West Second
Street, had submitted an application for a change of location from 3242 West Second Street to
4221 Juregen Road in conjunction with Liquor License W13932. Ms. Edwards introduced the
following exhibits for the record: application submitted to the Liquor Control Commission and
received by the City on January 3, 2001; notice to the applicant of date, time, and place of
hearing mailed on January 5, 2001; notice to the general public of date, time and place of hearing
published on January 15, 2001; Chapter 4 of City Code and departmental reports as required by
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Page 3, City Council Regular Meeting, January 23,2001
law. Approval was recommended contingent upon receipt of final inspections. IIarry IIoch, Jr.
President of Hoch, Inc., dba H & H Distributing spoke in support. 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 ordinance numbered:
#8654 - Consideration of Change of Land Use Designation for Property Located West of
Highway 281 and North of Schimmer Drive to Amend Residential development (RD)
(Ponderosa Lake Estates 5th Subdivision)
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 ordinance on its first reading and then upon final
passage and call for a roll call vote on each reading and then upon final passage. Councilmember
Seifert seconded the motion. Upon roll call vote, all voted aye. Motion adopted.
Mayor: Is there anyone in the audience interested in this ordinance? No testimony was heard.
City Clerk: Ordinance #8654 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, all voted aye.
City Clerk: Ordinance #8654 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, all voted aye.
Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinance
#8654 is declared to be lawfully passed and adopted upon publication as required by law.
CONSENT AGENDA: Councilmember Whitesides requested item G 1 b be removed from the
Consent Agenda. Councilmember Pielstick requested item G7b be removed from the Consent
Agenda and questions were answered on items G7d and G7e. Motion by Pielstick, second by
Murray, carried unanimously to approve the Consent Agenda excluding items G 1 band G7b.
Receipt of Official Document Including Civil Service Commission Minutes from November 9,
2000.
Approving Minutes of January 9,2001 City Council Regular Meeting.
Approving Minutes of January 16, 2001 City Council Study Session.
Approving Request of Hoch, Inc. dba H & H Distributing, 3242 West 2nd Street, License
"W13932", to Change Location to 4221 Juergen Road.
Approving Request for Preliminary Plat for Bosselville Subdivision. It was noted that Bosselman
Incorporated had submitted a preliminary plat for Bosselville Subdivision, a 65 acre tract of land
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Page 4, City Council Regular Meeting, January 23,2001
located west of Highway 2S1, adjacent to Wood River Road. The purpose of this preliminary
plat was to create 17 lots.
#2001-22 - Approving Connection Fees for Water Main District #373T(E), Blaine Street From
Highway 34 to Schimmer Drive.
#2001-23 - Approving Adoption of Official City Zoning Map for 2001.
#2001-24 - Awarding Bid for Pump Assemblies for Wellfield Wells #3 and #10 to Layne-
Western Company, of Kearney, Nebraska, in the Amount of$31,672.60.
#2001-26 - Amending Contract for Computer Equipment with Dell Computer Corporation, of
Round Rock, Texas, in the Amount of $35,690.26.
#2001-27 - Awarding Bid for Dump Truck for Cemetery to Nebraska Truck Center, Inc., of
Grand Island, Nebraska, in the Amount of $22,288.00
#2001-28 - - Awarding Bid for Dump Truck for Park Maintenance to Anderson Ford Lincoln
Mercury, Inc. of Grand Island, Nebraska, in the Amount of $22,727.00.
#2001-29 - Approving Continuation and Construction of Street Improvement District #1238,
Tech Drive.
#2001-30 - Approving Final Plat and Subdivision Agreement for Ponderosa Lake Estates 5th
Subdivision. It was noted that James B. and Mary Maxine Baldwin, owners, had submitted the
final plat for Ponderosa Lake Estates 5th Subdivision, an 11.651 acre tract of land located north
of Schimmer Drive and west of Highway 281 for the purpose of creating 13 residential lots and 4
out lots on a parcel ofland located in the SE1I4 of Section 36-11-10.
#2001-31 - Approving Final Plat and Subdivision Agreement for Kelly's First Subdivision. It
was noted that Larry J. and Arlene F. Kelly, owners, had submitted the final plat for Kelly's First
Subdivision, an 11.060 acre tract of land located south of Highway 30, west of Gunbarrel Road
and north of Capital Avenue for the purpose of creating 2 lots on a currently unplatted parcel of
ground located in Section 1-11-9.
#2001-32 - Approving Hydro Power Contract with Western Area Power Administration.
#2001- 33 - Approving Amendment to AFSCME Labor Agreement.
#2001-34 - Approving Renewal of Contract with Fonner Park Relative to Stand By Ambulance.
Receipt of Official Document Including Tort Claim Filed by Jacqueline Findley.
Councilmember Whitesides made a motion to take no action on this item, second by Sorensen,
carried unanimously to approve.
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Page 5, City Council Regular Meeting, January 23,2001
#2001-25 - Awarding Bid for (2) Police Package Motorcycles to Harley-Davidson Central. of
Grand Island. Nebraska. in the Amount of $26.600.00. Councilmember Pielstick questioned the
amount of time and money officers spent outside the city going to exhibits and training. Chief
Kyle Hetrick stated that he would get that information to Councilmember Pielstick. Chief
Hetrick also stated that the first two motorcycles were bought through a grant which specified
training of other officers in the state. Motion by Ward, second by Whitesides, carried
unanimously to approve.
RESOLUTIONS:
#2001-35 - Approving Lease Agreement with the State of Nebraska Relative to One Stop
Center. Cindy Johnson, Community Projects Director, reported that at the December 19, 2000
City council Meeting, the City of Grand Island purchased the Southern Nebraska Rural Public
Power District building located at 1306 West Third Street at a cost of $600,000.00. Several
options to utilize this facility were reviewed at that time. Grand Island made application and was
approved, as the first One-Stop center in out-state Nebraska to provide employment services,
training and educational assistance. The State of Nebraska, Department of Administrative
Services, had prepared a lease agreement for the use of the City's facility. The lease would
commence May 1, 2001 and is for a period of five years with an option to extend the lease at the
end of the initial term. The lease rate had been established at $8 per square foot. The City
Attorney's Office and Community Projects Department had reviewed the lease. Nebraska
Department of Labor Commissioner Fernando "Butch" Lecuona and Joan Modrell also with the
Department of Labor, spoke regarding the cooperation received from the City of Grand Island
and the committee. Councilmember Murray and Seifert thanked the Department of Labor for
choosing Grand Island and welcomed the opportunity to be the host site for the first One-Stop
Center in out-state Nebraska. Motion by Murray, second by Seifert, carried unanimously to
approve.
#2001-36 - Approving One and Six Year Street Improvement Program. Motion by Sorensen,
second by Seifert, to approve the One and Six Year Street Improvement Program. Chuck Haase,
3024 Colonial Lane, requested that the debt issued in the One and Six Year Street Plan be
included in the Finance Department's five year cash flow - General Fund Projection Report.
Motion by Murray to amend Exhibit A concerning the 2001 construction season changing
Independence Avenue from Manchester Road to 13th Street to a line item called Northwest area
transportation improvements. Second by Larson. Upon roll call vote for the amendment, Ward,
Larson, Hornady, Whitesides, Haase, Murray, Walker and Sorensen voted aye. Pielstick and
Seifert voted nay. Motion adopted. Roll call upon the original motion was adopted unanimously.
PAYMENT OF CLAIMS:
Discussion and Council Action Regarding Claim #99834. Motion by Pielstick, second by
Sorensen, to pay that portion of claim #99834 for Chuck Haase's attorney fees only and that the
other parties pay for their own attorney fees. Charlie Cuypers City Attorney, stated that the
invoice received from EMC listed Haase's attorney fees, the Plaintiffs attorney fees and the
Plaintiff s settlement. Councilmember Whitesides stated that he would like to see this claim paid.
Councilmember Murray stated that the City has a contract with EMC and has given them the
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Page 6, City Council Regular Meeting, January 23,2001
authority to settle claims. Chuck Haase, 3024 Colonial Lane, requested the Mayor and City
Council to admit that they were wrong and to apologize to him and asked for reimbursement of
$4,070.00 for attorney fees. Councilmember Walker asked whether the council could pay part of
a claim. Mr. Cuypers stated that they could. Upon roll call vote, Pielstick, Seifert, Walker and
Sorensen voted aye. Ward, Larson, Hornady, Whitesides and Murray voted nay. Haase
abstained. Motion failed.
Motion by Murray, second by Larson to pay claim #99834 in the amount of $46,641.62. Upon
roll call vote, Ward, Larson, Hornady, Whitesides and Murray voted aye. Pielstick, Seifert,
Walker and Sorensen voted nay. Haase abstained. Mayor Gnadt cast the deciding vote approving
claim #99834. Motion adopted.
Motion by Whitesides, second by Ward, to approve the Claims for the period of January 10,
2001 through January 23, 2001, claims #100988 through #101621 for a total claims amount of
$2,037,135.34 less voided claim #101572 in the amount of $12,916.00 for a total adjusted
amount of $2,024,219.34. Upon roll call vote, Ward, Seifert, Larson, Hornady, Whitesides,
Haase, Murray, Walker and Sorensen voted aye. Pielstick voted nay.
ADJOURNMENT: The meeting was adjourned at 8:45 p.m.
Respectfully submitted,
RaNae Edwards
City Clerk