06/12/2001 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
June 12,2001
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 June 12, 2001. Notice of the meeting was given in the Grand Island Independent on
June 6, 2001.
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, 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 Vern Rice,
Independent Bethel Baptist Church.
RESERVE TIME TO SPEAK ON AGENDA ITEMS: Ten individuals reserved time to speak on
agenda items.
PRESENTATIONS AND PROCLAMATIONS:
Musical Presentation by the "Grand Island Conestoga Barber Shop Chorus". The "Grand Island
Conestoga Barber Shop Chorus" directed by Bill Leslie of York, Nebraska, presented several
patriotic musical selections in recognition of Flag Day.
Proclamation "Flag Day" June 14,2001. The Mayor, in conjunction with the National Flag Day
Foundation, Inc., designated June 14,2001 as "Flag Day", and urged all citizens of Grand Island
to pause at 7:00 p.m., on this date, and join Americans in reciting the Pledge of Allegiance.
Proclamation "Investing in Communities Day". The Mayor proclaimed June 22, 2001 as
National Small Cities "Investing in Communities" Day, and urged all citizens of Grand Island to
work together on this day and throughout the year to invest in small cities to better the lives of all
citizens.
Presentation by Jessica Seifert and Alyson Hartwig, DARE Essay Speech Contest Winners.
Police Officer Butch Hurst and Donna Ellis, 5th Grade Teacher from Engleman School
introduced Jessica Seifert and Alyson Hartwig, Engleman DARE graduation students who read
their winning essay contest speeches.
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Page 2, City Council Regular Meeting, June 12,2001
PUBLIC HEARINGS:
Public Hearing on Request of Donald and Marjorie Kemerling for Change of Land Use
Designation for Property Located at 104 East Capital Avenue from RO Residential Office to B2
General Business. Chad Nabity, Regional Planning Director, reported that Donald and Marjorie
Kemerling, 922 West John Street, had submitted a request to rezone Lot 1 and Lot 2, Hawthorne
Subdivision and two unplatted lots directly to the east of Hawthorne Subdivision, located at 104
east Capital A venue, from RO Residential Office to B2 General Business. The Regional
Planning Commission, at their meeting of July 5, 2000, voted to deny the request. Staphanie
McConnell, 2411 North Locust Street and Douglas Zarek, 112 Centennial Drive, spoke in
support. Daryl King, 203 East 22nd Street, spoke in a neutral position. Kevin Brostrom, attorney
for the Kemerlings spoke in support. Ed Walker, 224 East 19th Street, spoke in opposition. No
other public testimony was heard.
Public Hearing on Request of Ravmond and Kathleen Johnson for a Conditional Use Permit for a
Daycare Center at 1620 West John Street. Craig Lewis, Building Department Director, reported
that Raymond and Kathleen Johnson, 1620 West John Street, had submitted an application with
the City Clerk's Office for a Conditional Use Permit for a Daycare Center located at 1620 West
John Street. The request had been reviewed by the Building, Legal, Utilities, Planning and Public
Works Departments. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at the Southeast Comer of the First
Lot South of Equitable Building & Loan at Diers Avenue and Faidley Avenue. Gary Mader,
Utilities Director, reported that acquisition of utility easement located at the southeast comer of
the first lot south of Equitable Building & Loan at Diers Avenue and Faidley Avenue, was
required in order to have access to install, upgrade, maintain, and repair power appurtenances.
The easement would be used to locate a pad-mounted transformer to serve the electrical needs of
a new building. No public testimony was heard.
Public Hearing on Request of Marock. Inc.. dba Sutter Deli. 371 North Broadwell Avenue. for
Class "C" Liquor License. RaNae Edwards, City Clerk, reported that Marock, Inc., dba Sutter
Deli, 371 North Broadwell Avenue, had submitted an application with the City Clerk's Office for
a Class "C" Liquor License. Ms. Edwards presented the following exhibits for the record:
application submitted to the Liquor Control Commission and received by the City on May 21,
2001; notice to applicant of date, time, and place of hearing mailed on May 21,2001; notice to
general public of date, time, and place of hearing published on June 1, 2001; Chapter 4 of City
Code and departmental reports as required by City Code. No public testimony was heard.
Public Hearing on Request of Redwolf. Inc.. dba City Limits. 123 East South Front Street. for
Class "C" Liquor License. RaNae Edwards, City Clerk, reported that Redwolf, Inc., dba City
Limits, 123 East South Front Street, had submitted an application with the City Clerk's Office
for a Class "C" Liquor License. Ms. Edwards presented the following exhibits for the record:
application submitted to the Liquor Control Commission and received by the City on May 24,
2001; notice to applicant of date, time, and place of hearing mailed on May 24, 2001; notice to
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Page 3, City Council Regular Meeting, June 12,2001
general public of date, time, and place of hearing published on June 1,2001; Chapter 4 of City
Code and departmental reports as required by City Code. No public testimony was heard.
RESOLUTION
#2001-134 - Approving Change to Future Land Use Map. Chad Nabity, Regional Planning
Director, reported that this item related to the aforementioned Public Hearing. Donald and
Marjorie Kemerling, 922 West John Street, had submitted a request to rezone Lot 1 and Lot 2,
Hawthorne Subdivision and two unplatted lots directly to the east of Hawthorne Subdivision,
located at 104 east Capital Avenue, from Medium Residential/Office to Commercial.
Councilmember Murray questioned the type of development allowed in each zoning district. Mr.
Nabity explained the differences. Motion by Seifert, second by Larson, carried unanimously to
approve.
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:
#8672 - Consideration of Change of Land Use Designation for Property Located at 104
East Capital Avenue from RO Residential Office to B2 General Business
#8677 A - Amending and Supplementing Ordinance #8677 Approving Final Terms of
Electric System Revenue Bonds
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
Murray seconded the motion. Upon roll call vote, all voted aye. Motion adopted.
Mayor: It there anyone in the audience interested in this ordinance? Bill Beavers, Ameritas
Investment Corporation representative, commented on Ordinance #8677 A. Mentioned was the
excellent rating for the City of Grand Island and that all bonds had been sold.
City Clerk: Ordinances #8672 and #8677 A 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 #8672 and #8677 A 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
#8672 and #8677 A are declared to be lawfully passed and adopted upon publication as required
by law.
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Page 4, City Council Regular Meeting, June 12,2001
CONSENT AGENDA: Items G-6 and G-16 were pulled from the Consent Agenda. Motion by
Pielstick, second by Ward, carried unanimously to approve the Consent Agenda excluding items
G-6 and G-16.
Receipt of the Following Official Document: Certificate of Election Results for Special Zoo
Election.
Approving Minutes of May 22, 2001 City Council Regular Meeting. Councilmember Larson
abstained from voting.
Approving Minutes of June 5, 2001 City Council Study Session.
Approving Request of Marock, Inc., dba Sutter Deli, 371 North Broadwell Avenue, for Class
"C" Liquor License. Councilmember Pielstick voted nay.
Appoving Request of Sandra Rock, 1405 South Harrison, for Liquor Manager Designation for
Marock, Inc.., dba Sutter Deli, 371 North Broadwell Avenue. Councilmember Pielstick voted
nay.
Approving Request of Red wolf, Inc., dba City Limits, 123 East South Front Street, for Class "C"
Liquor License.
Approving Request of Joseph Parrella, III. 4123 Buckingham Drive, for Liquor Manager
Designation for Redwolf, Inc., dba City Limits, 123 East South Front Street.
Approving Request for Street Vendor Permit for Eunice's Hot Spot Concessions & Indian Taco
Stand.
Approving Conditional Use Permit for Raymond and Kathleen Johnson for a Daycare Center at
1620 West John Street.
Approving Request for Preliminary Plat for Lacv Subdivision. It was noted that Lacy Building
and Supply, owner, hadsubmitted a preliminary plat for Lacy Subdivision, a 10.185 acre tract of
land located north of old US Highway 30, West of Webb Road, and east of US Highway 281.
The purpose of this preliminary plat is to create 3 lots on a parcel of land comprising a part of
Lot 2 Spelts Schultz Industrial Subdivision and part of the NEl/4 NEl/4 of Section 24-11-9.
#2001-124 - Approving Conveyance of Urban Renewal Property Located in County Subdivision
to the City of Grand Island.
#2001-138 - Approving Change Order #2 with Westland Building Company, Hastings,
Nebraska, in the Amount of$1.828.00 for Construction of One-Stop Center.
#2001-139 - Approving Certificate of Final Completion with Westland Building Company,
Hastings, Nebraska, for One-Stop Center.
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Page 5, City Council Regular Meeting, June 12,2001
#2001-140 - Approving Indemnification Agreement with Sprint Communications Company for
Union Pacific Parking Lot.
#2001-141 - Approving Acquisition of Utilitv Easement Located at the Southeast Comer of the
First Lot South of Equitable Building & Loan at Diers Avenue and Faidley Avenue.
#2001-142 - Approving Final Plat and Subdivision Agreement for Grand Island Farmstead
Proiect 3rd Subdivision. It was noted that Maria L. Beck, owner, had submitted the final plat for
Grand Island Farmstead Project 3rd Subdivision, located south of US Highway 34 and west of
Stuhr Road, for the propose of re-subdividing lot 10 of Grand Island Farmstead Project 3rd
Subdivision into 3 lots.
#2001-143 - Approving Final Plat and Subdivision Agreement for Regents Park Subdivision. It
was noted that Thomas W. O'Neill, Jill A. O'Neill, Timothy R,. O'Neill, Miki S. O'Neill and
Joseph P. O'Neill, owners, had submitted the final plat for Regents Park Subdivision, located
west of Adams Street and north of Stolley Park Road, for the propose of creating 43 lots on a
currently unplatted parcel of ground located in the west )Iz of SE1I4 of Section 21-11-9.
#2001-144 - Approving Contract for Electrical Proiect 2001-UG-3 to The Diamond Engineering
Company. Grand Island. Nebraska. in the Amount of $42.154.70.
#2001-145 - Approving Bid for Padrnount Transformers to Crescent Electric. Grand Island.
Nebraska. in the Amount of$107.041.75 plus tax.
#2001-146 - Approving Contract for Street Improvement District #1238 (Tech Drive) to The
Diamond Engineering Companv. Grand Island. Nebraska. in the Amount of $296.090.67.
#2001-147 - Approving Contract for General Pension Administration to Milliman & Robertson.
Inc.. Omaha. Nebraska. in the Amount of$9.750.00.
#2001-148 - Approving Deferral of Assessment. Sanitarv Sewer Extension District #460 for Ag
Property for Calvarv Assembly of God.
#2001-150 - Approving Agreement with Olsson Associates. Grand Island. Nebraska. for
Professional Services for Street Improvement District #1238. (Tech Drive) in the Amount of
$17.867.00.
#2001-151 - Approving Assignment of Lease Agreement with Young Men's Christian
Association (YMCA). the Young Women's Christian Association (YWCA). and the YMCA and
YWCA New Building Corporation.
#2001-152 - Approving Commitment to Issue a Financial Guaranty Insurance Policy for Electric
System Revenue Bonds.
#2001-153 - Approving Trusteee. paving Agent and Registrar's Agreement for Electric System
RevenueBonds.
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Page 6, City Council Regular Meeting, June 12, 2001
Approving Non-conforming Use at 724 West Koenig Street. Tim O'Neill, 1203 South Syvlan
Street and Ton O'Neill, 804 West Stolley Park Road, spoke in support. Motion by Whitesides,
second by Sorensen, carried unanimously to approve.
#2001-149 - Approving Request to Remove Handicap Parking Stall at 724/726 West First Street.
Steve Riehle, Public Works Director, reported that the Public Works Department had received a
request from Mick Brown, property owner/landlord to remove the handicap parking stall at
724/726 West First Street. The City Council approved Resolution #200-244 at their August 15,
2000 meeting, designating the handicapped parking stall at the request of Mick Brown and
disabled tenant Charles Kazor. The disable person no longer lives at this property and the
handicap parking stall is no longer needed. Motion by Larson, second by Sorensen, carried
unanimously to approve.
RESOLUTIONS:
#2001-159 - Approving Resolution in Support of Proposal to Bring Nebraska Law Enforcement
Memorial to Pioneer Park. Police Chief Kyle Hetrick, reported that the Nebraska Law
Enforcement Memorial committee had been raising funds since 1996 for the purpose of
constructing a memorial to honor those men and women in law enforcement in the State of
Nebraska who had lost their lives in the line of duty. The committee was seeking formal
proposals from various communities in Nebraska for a location to erect the memorial. A local
committee had been formed to review the options here in Grand Island and had determined the
ideal location to be Pioneer Park. Rene Seifert, representing the Hall County Convention &
Visitors Bureau and Sheriff Jerry Watson, spoke in support. Motion by Ward, second by Seifert,
carried unanimously to approve.
Motion by Seifert, second by Sorensen, to approve Resolutions #2001-154 through #2001-161
excluding Resolution #2001-159. Upon roll call vote, motion passed unanimously.
#2001-154 - Approving Continuation and Construction of Street Improvement District #1234,
Juergen Road.
#2001-155 - Approving Continuation and Construction of Street Improvement District #1239,
Gold Core Drive.
#2001-156 - Approving Continuation of Sanitary Sewer District #499, Platte Valley Industrial
Park 3rd Subdivision. John Brownell, attorney for Louis and Virginia Grahman, property owners,
stated that a solution had been reached for the continuation of Sanitary Sewer District #499.
#2001-157 - Approving Continuation and Construction of Water Main District #437, Platte
Valley Industrial Park. John Brownell, attorney for Louis and Virginia Grahman, property
owners, stated that a solution had been reached for the continuation of Water Main District #437.
#2001-158 - Approving Resolution to Create a Four-way Stop at the Instersection of North Road
Between Cannon Road and State Street.
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Page 7, City Council Regular Meeting, June 12,2001
#2001-160 - Authorizing the Mayor to Execute Guaranteed Investment Contract for Electric
System Revenue Bond Proceeds.
#2001-161 - Approving Contract for Network Server Setup to Windstone, Inc., Lincoln.
Nebraska, in the Amount of $24,768.00.
PAYMENT OF CLAIMS:
Motion by Whitesides, second by Hornady, carried unanimously to approve the Claims for the
period of May 23,2001 through June 12,2001, claims #104301, #105523, #105582, #105688,
#106828 and #106544 through #107314 for a total claims amount of $3,339,058.75.
Counci1member Hornady abstained from voting on claim #106767.
ADJOURNMENT: The meeting was adjourned at 8:10 p.m.
Respectfully submitted,
Q~\\O-CL CCQL~
RaNae Edwards
City Clerk