08/28/2001 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
August 28, 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 August 28, 2001. Notice of the meeting was given in the Grand Island Independent on
August 22,2001.
Mayor Ken Gnadt called the meeting to order at 7:00 p.m. The following members were present:
Councilmembers Pielstick, Seifert, Larson, Hornady, Whitesides, Haase, Murray, Walker and
Sorensen. Councilmember Ward was absent. The following City Officials were present: City
Administrator Marlan Ferguson, Acting Clerk Cindy Brozek, Finance Director David Springer,
Public Works Director Steve Riehle and City Attorney Charlie Cuypers.
PLEDGE OF ALLEGIANCE was said followed by INVOCATION given by Rob Inge, Harvest
Time Baptist Church, 1125 North Beal Street.
RESERVE TIME TO SPEAK ON AGENDA ITEMS: Four individuals reserved time to speak
on agenda items.
PRESENTATIONS AND PROCLAMATIONS:
Proclamation, "National Literacy Week", September 2-8, 2001. Mayor Gnadt proclaimed
September 2-8, 2001 as "National Literacy Week" and September 8, 2001 as "International
Literacy Day" and encourages everyone to recognize the Grand Island Literacy Coalition in our
area and to become involved in helping to eliminate illiteracy. Sandy Brown, Diane Mulbach,
Jane Mitchell, Cindy Paustain and Carol Repke were present to receive the proclamation.
Recognition of Elizabeth Gonderinger for Attending "Summer Scientific Discovery Program" at
St. Cloud State University in St. Cloud, Minnesota. Mayor Gnadt and the City Council
recognized Elizabeth Gonderinger for attending "Summer Scientific Discovery Program" a 5-
week camp at St. Cloud State University in St. Cloud, Minnesota. Elizabeth is the daughter of
Robert and Patricia Gonderinger and is a Freshman at Senior High School.
PUBLIC HEARINGS:
Public Hearing on Request for Change of Land Use Designation for Property Located North of
Husker Highway and West of Highway 281 from R4 High Density Residential Zone to RD
Residential Development Zone. Chad Nabity, Regional Planning Director, reported that Pedcor
Investments, had submitted a request to rezone approximately 20.41 acres ofland located north
of Husker Highway and west of Highway 281 from R4 High Density Residential Zone to RD
Residential Development Zone for the purpose of rezoning the property to allow development of
this tract of land with 16 apartment buildings and a club house around a lake. Ron Depue,
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Page 2, City Council Regular Meeting, August 28, 2001
attorney representing Pedcor, Tom Coons of Pedcor, and Craig Miller of Miller and Associates
made a presentation on the proposed development. Tom O'Neill spoke in support of the
proposal. No further public testimony was heard.
Public Hearing on Request ofEI Guitarron, Inc. dba EI Guitarron, 413 West 4th Street, for Class
"c" Liquor License. Cindy Borzek, Acting City Clerk, reported that EI Guitarron, Inc. dba EI
Guitarron, 413 West 4th Street, had submitted an application with the City Clerk's Office for a
Class "c" Liquor License. Ms. Brozek presented the following exhibits for the record:
application submitted to the Liquor Control Commission and received by the City on August 10,
2001; notice to applicant of date, time, and place of hearing mailed on August 10, 2001; notice to
general public of date, time, and place of hearing published on August 15, 2001; Chapter 4 of
City Code and departmental reports as required by City Code. No 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:
#8688 - Consideration of Creating Sanitary Sewer District #501, Freedom Acres
Subdivision and a Portion of Stolley Park Road to North Road
#8689 - Consideration of Creating Sanitary Sewer District #502, Livengoood
Subdivision, Rapien Subdivision, Sharon Rose Subdivision, and a Part of Section 10,
Township 11, Range 9
#8690 - Consideration of Change of Land Use Designation for Property Located North
of Husker Highway and West of Highway 281 from R4 High Density Residential Zone to
RD Residential Development Zone
#8691 - Consideration of FY 2001-2002 Annual Single City Budget, The Annual
Appropriations Bill, Including Addendum #1
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
Seifert seconded the motion. Upon roll call vote, all voted aye. Motion adopted.
Mayor: Is there anyone in the audience interested in these ordinances? Lewis Kent, 624 East
Meves and Tom O'Neill, 804 Stolley Park Road spoke with regards to Ordinance #8691.
City Clerk: Ordinances #8688, #8689, #8690 and #8691 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. Councilmembers Pielstick and Haase voted no on Ordinance #8691. Motion was
adopted.
City Clerk: Ordinances #8688, #8689, #8690 and #8691 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. Councilmembers Pielstick and Haase voted no on Ordinance #8691. Motion was
adopted.
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Page 3, City Council Regular Meeting, August 28,2001
Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinances
#8688, #8689, #8690 and #8691 are declared to be lawfully passed and adopted upon publication
as required by law.
CONSENT AGENDA: Councilmember Whitesides requested that item G-l be removed from
the Consent Agenda. Councilmember Sorensen requested that item G-9 be removed from the
Consent Agenda. Motion by Pielstick, second by Seifert, carried unanimously to approve the
Consent Agenda excluding items G-l and G-9.
Approving Minutes of August 13.2001 City Council Budget Session.
Approving Minutes of August 14.2001 City Council Regular Meeting.
Approving Request of El Guitarron. Inc. dba El Guitarron. 413 West 4th Street. for Class "C"
Liquor License. Councilmember Pielstick voted nay.
Approving Request of Margarito (Mark) Cabrales. 924 South Kimball Avenue. for Liquor
Manager Designation for El Guitarron. Inc. dba El Guitarron. 413 West 4th Street.
Councilmember Pielstick voted nay.
Approving Request for Preliminary Plat for Pedcor Subdivision. It was noted that Pedcor
Investments, had submitted a preliminary plat for Pedcor Subdivision, a 62.69 acre tract of land
located north of Husker Highway and west of Highway 281 for the purpose of creating 6 lots on
an unplatted parcel ofland located in the E1I2 ofthe SE1I4 of Section 25-11-10.
#2001-217 - Awarding Bid for Wading Pool Water Umbrellas to Rain Drop Products. Ashland.
Ohio. in the Amount of$14.510.00.
#2001-218 - Awarding Engineering Contract for Drainage at Platte Valley Industrial Park to
Olsson Associates. Grand Island. Nebraska. in the Amount not to Exceed $20.961.00.
#2001-219 - Approving Subordination Agreements for Perpetual Conservation Easements with
Nebraska Public Power District.
#2001-220 - Approving Final Plat and Subdivision Agreement for Pedcor Subdivision. It was
noted that Pedcor Investments, had submitted the final plat for Pedcor Subdivision, located north
of Husker Highway and west of Highway 281 for the propose of developing 5 lots on a parcel of
land located in the E1I2 of the SE1/4 of Section 25-11-10.
#2001-221 - Approving Certificate of Final Competion for Fonner Park Soccer/Softball
Complex Parking Lot and George Park Parking Lot with ILL. Asphalt Paving Company. Grand
Island. Nebraska.
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Page 4, City Council Regular Meeting, August 28, 2001
#2001-222 - Approvin~ Emergency Repairs to Sanitary Sewer System Located on Diers Avenue
South of Capital Avenue to The Diamond Engineering Company, Grand Island, Nebraska, for an
Estimated Cost of $40,000.00.
Receipt of the Following Official Document: Petitions for Remonstrance of Old City Hall Filed
by Tim O'Neill. City Attorney Charlie Cuypers reported that on August 13,2001 a remonstrance
petition was filed with the City Clerk bearing 4,508 signatures. State statutes provide that the
petitions be delivered to the Hall County Election Commissioner to determine the validity of the
signatures. Tom O'Neill, 804 West Stolley Park Road, Lewis Kent, 624 E. Meves, and John
Luna, 712 E. 8th Street, spoke in favor of the petition. Councilmember Pielstick advised the
Council that she had requested that the City Administrator's Office make available the Historic
City Hall Feasibility Study to the new members ofthe Council. Motion by Whitesides, second by
Seifert. The motion was adopted unanimously.
#2001-215 - Approving Fee Schedule Relative to Solid Waste Fees. Public Works Director
Steve Riehle, reported that at the August 6, 2001 City Council Study Session, the Public Works
Department proposed to change the fee schedule from volume based to weight based. A rate of
$22.85 per ton at the Landfill and $28.50 per ton at the Transfer Station for packer trucks
(Residential MSW) was recommended. A rate of $29.85 per ton at the Landfill and $35.50 per
ton at the Transfer Station was recommended for commercial/roll-offs and small vehicles. Mr.
Riehle noted that the current proposal would increase cash reserves. Motion by Pielstick, second
by Hornady. Upon roll call vote, Councilmembers Pielstick, Seifert, Larson, Hornady,
Whitesides, Haase, Murray and Walker voted aye. Sorensen voted nay. Motion adopted.
RESOLUTIONS:
Motion by Sorensen, second by Whitesides, to approve Resolutions #2001-223, #2001-224,
#2001-225 and #2001-226. Motion adopted unanimously.
#2001-223 - Consideration of Referring Remonstrance Petition to the Election Commissioner
for Verification of Signatures.
#2001-224 - Consideration of Approving Amendment to Labor Union Contract with
IBEW!Utilities. Brenda Sutherland, Personnel Director, reported that the City negotiating team
and the IBEW had been negotiating an amendment to the current labor union agreement relative
to salary surveys set out in ARTICLE XII, Paragraph E. Wages based on comparability in the
industry survey were agreed upon for fiscal year 2001-2002 and a 2.5% COLA for the following
year. Ms. Sutherland stated that the current 5-year contract calls for a review in the 4th year ofthe
contract. In order to effectuate the contract, an ordinance authorizing the salary changes would
be required and would be brought before Council at the September 11,2001 Regular Meeting.
#2001-225 - Consideration of Approving Amendment to Labor Union Contract with
IBEW/Finance. Brenda Sutherland, Personnel Director, reported that the City negotiating team
and the IBEW had been negotiating an amendment to the current labor union agreement relative
to salary surveys set out in ARTICLE XII, Paragraph E. Wages based on comparability in the
industry survey were agreed upon for fiscal year 2001-2002 and a 2.5% COLA for the following
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Page 5, City Council Regular Meeting, August 28, 2001
year. Ms. Sutherland stated that the current 5-year contract calls for a review in the 4th year ofthe
contract. In order to effectuate the contract, an ordinance authorizing the salary changes would
be required and would be brought before Council at the September 11, 2001 Regular Meeting.
#2001-226 - Consideration of Approving: Labor Union Contract with IAFF. Brenda Sutherland,
Personnel Director, reported that the City negotiating team and the IAFF had been negotiating
for a new labor agreement for the term of October 1, 2001 through September 30, 2006. The
Labor Union Agreement with IAFF sets new wages for the 2001-2002 year based upon a salary
and wage survey conducted at a 5.4% average increase. In order to effectuate the contract, an
ordinance authorizing the salary changes would be required and sould be brought before Council
at the September 11,2001 Regular Meeting.
PAYMENT OF CLAIMS:
Motion by Whitesides, second by Sorensen, carried unanimously to approve the Claims for the
period of August 15, 2001 through August 28,2001, claims #109992 through #110613 for a total
claims amount of$2,395,766.74.
ADJOURNMENT: The meeting was adjourned at 8:35 p.m.
Respectfully submitted,
Cynthia A. Brozek
Acting City Clerk