09/11/2001 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
September 11, 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 September 11, 2001. Notice of the meeting was given in the Grand Island Independent
on September 5,2001.
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, Walker and Sorensen.
Councilmembers Murray and Ward were absent. 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 Scott Jones,
Minister, Third City Christian Church, 2808 O'Flannagan Street.
Mayor Gnadt expressed his heartfelt sympathy for the families of those lost in the tragic disaster
in New York, Washtington and Pennsylvania this morning and encouraged all citizens to give
blood.
RESERVE TIME TO SPEAK ON AGENDA ITEMS: One individual reserved time to speak on
agenda items.
PRESENTATIONS AND PROCLAMATIONS:
Recognition of Mary Henn, Public Health Educator, for 30 Years of Service. Mayor Gnadt
recognized Mary Henn, Public Health Educator, for her thirty years of dedicated service to the
City of Grand Island.
Recognition of Bob and Bev Wolfe. Mayor Gnadt recognized Bob and Bev Wolfe for their
efforts of beautification along the Leslie James Loop Trail.
Proclamation "Race Equality Day" September 19,2001. Mayor Gnadt proclaimed September 19,
2001 as "Race Equality Day" and encourages all citizens to reaffirm their commitment to
ensuring racial equality and justice in our city.
BOARD OF EQUALIZATION: Motion by Sorensen, second by Whitesides, carried
unanimously to adjourn to the Board of Equalization.
#2001-BE-10 - Determining Benefits for Business Improvement District #2. Cindy Johnson,
Community Projects 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 Business
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Page 2, City Council Regular Meeting, September 11,2001
Improvement District #2. The assessments for FY 2001-2002 had been set at $.2884 per $100
assessed valuation. Motion by Pielstick, second by Larson, carried unanimously to approve.
#200l-BE-ll - Determining Benefits for Business Improvement District #3. Cindy Johnson,
Community Projects 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 Business
Improvement District #3. The assessments, based on the front footage of each property, had been
set at $2.3579 per front footage. Motion by Pielstick, second by Larson, carried unanimously to
approve.
#200l-BE-12 - Determining Benefits for Water Main District #433T, Locust Street Proiect
South of Highway 34. Gary Mader, Utilities Director, reported that in its capacity as the Board of
Equalization, it was necessary for the City Council to consider assessment of benefits associated
with Water Main District #433T, Locust Street Project south of Highway 34. The District was
established March 13, 2000, in order to provide a tap district to extend service ahead of the new
road construction in that area and to relocate the existing water main to accommodate that
construction. Motion by Seifert, second by Hornady, carried unanimously to approve.
#200l-BE-13 - Determining Benefits for Water Main District #436, Desch Subdivision. Gary
Mader, Utilities Director, reported that in its capacity as the Board of Equalization, it was
necessary for the City Council to consider assessment of benefits associated with Water Main
District #436, Langenheder Street. This District was established August 29, 2000, at the request
of the property owner, in order to extend service to a new development. Motion by Seifert,
second by Hornady, carried unanimously to approve.
RETURN TO REGULAR SESSION: Motion by Whitesides, second by Hornady, carried
unanimously to return to Regular Session.
PUBLIC HEARINGS:
Public Hearing on Acquisition of Utility Easement Located at 1612 South Webb Road, Along
the Southerly Property Line of Johnson Cash-Way Lumber Company - 600' West of Webb
Road. Gary Mader, Utilities Director, reported that acquisition of a utility easement located along
the southerly property line of Johnson Cash-Way Lumber Company - 600' west of Webb Road,
was required in order to have access to install, upgrade, maintain, and repair power
appurtenances. This easement would be used to construct power service to a new cellular tower
on the west side of Johnson Cashway's storage lot. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located on the South Side of Swift Road,
East of ConAgra Beef Plant, West of Museum Drive. Gary Mader, Utilities Director, reported
that acquisition of a utility easement located on the south side of Swift Road, east of ConAgra
Beef Plant and west of Museum Drive was required in order to have access to install, upgrade,
maintain, and repair power appurtenances. This easement would be used for a downguy to back
up the new overhead line to be constructed across Swift Road from Substation E to ConAgra. No
public testimony was heard.
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Page 3, City Council Regular Meeting, September 11,2001
Public Hearing on Acquisition of Utility Easement Located at 2810 East U.S. Highway 30,
Northeast Comer of Penrose Machining Property. Gary Mader, Utilities Director, reported that
Acquisition of a utility easement located at 2810 East U.S. Highway 30, northeast comer of
Penrose Machining Property, was required in order to have access to install, upgrade, maintain,
and repair power appurtenances. This easement would be used to locate new underground
electrical service to feed a pad-mounted transformer serving MFS York. No public testimony
was heard.
Public Hearing on Acquisition of Utility Easement Located at 2928 East Highway 30 Along the
Access Road to MFSN ork/Stormor Manufacturing Plant. Gary Mader, Utilities Director,
reported that acquisition of a utility easement located at 2928 East Highway 30 along the access
road to MFS/Y ork/Stormor Manufacturing Plant, was required in order to have access to install,
upgrade, maintain, and repair power appurtenances. This easement would be used to provide
electrical service to the expanded MFS/Y ork building. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at 2722 South Locust Street,
McDermott & Miller P.C. Steve Riehle, Public Works Director, reported that acquisition of a
utility easement located at 2722 South Locust Street was required in order to install a water main
in conjunction with the South Locust Street Project. The easement would allow proper valve
alignment. No public testimony was heard.
Public Hearing on Setting Occupation Tax for Downtown Improvement and Parking District #1.
Cindy Johnson, Community Projects Director, reported that this Public Hearing was required
establishing the occupation tax for Downtown Improvement and Parking District #1 and that the
proposed occupation tax for FY 2001-2002 was $.1260 per square foot of public use area with a
minimum fee of $86.15 annually. Ms. Johnson reported that these fees represented a slight
increase in the total revenue collected in FY 2000-2001 and that the increase was reflective of
the increased activities and projects that were recommended in the Downtown Identity and
Design Study. No public testimony was heard.
Public Hearing on General Property, Parking District #2 and Community Redevelopment
Authority Tax Request. David Springer, Finance Director, reported that this Public Hearing was
required to set the property tax requests as proposed and amended by Council budget work
sessions. The City Budget, as amended by Addendum #1, provides municipal services from
October 1, 2001 to September 30, 2002 where the required property tax request to support the
amended budget was $6,050,018. Mr. Springer reported that this also establishes the Parking
District #2 (Parking Ramp) property tax request of $47,250 and the Community Redevelopment
Authority tax request of $402,431. It was noted that setting the property tax levy required a
Public Hearing under Nebraska law. No public testimony was heard.
Public Hearing on Proposed Use of Local Law Enforcement Block Grant Funds. Captain Bill
Holloway, Police Department, reported that in 1996, the City Council created the Local Law
Enforcement Block Grant Committee to write, review and submit, to the City Council non-
binding recommendations on the use of law enforcement block grants administered by the
Bureau of Justice. This year the Grand Island Police Department received an award of $25,815
through the Block Grant Program. Mr. Hetrick reported that the Local Law Enforcement Block
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Page 4, City Council Regular Meeting, September 11, 2001
Grant Committee recommended that $18,700 of the grant funds be utilized for portable radios,
uniform needs to community service officers, a dryer for blood and other fluids and night vision
equipment. 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:
#8692 - Consideration of Downtown Business Improvement District #2 Assessments
#8693 - Consideration of Downtown Business Improvement District #3 Assessments
#8694 - Consideration of Assessments for Water Main District #436, Langenheder Street
#8695 - Consideration of Amendment to Chapter 13 of City Code Relative to Occupation
Tax for Downtown Improvement and Parking District #1 and Downtown Fees
#8696 - Consideration of Approving 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
Seifert seconded the motion. Upon roll call vote, all voted aye. Motion adopted.
Mayor: Is there anyone in the audience interested in these ordinances? Kent Lewis, 624 East
Meves, questioned Ordinance #8696 with regards to the data processing position, salary and job
qualifications. Finance Director David Springer, explained that the current data processing
manager was planning on taking an early retirement and a person would be hired to replace that
position. No further public testimony was heard.
City Clerk: Ordinances #8692, #8693, #8694, #8695 and #8696 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.
City Clerk: Ordinances #8692, #8693, #8694, #8695 and #8696 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.
Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinances
#8692, #8693, #8694, #8695 and #8696 are declared to be lawfully passed and adopted upon
publication as required by law.
CONSENT AGENDA: Motion by Pielstick, second by Seifert, carried unanimously to approve
the Consent Agenda.
Approving Minutes of August 28,2001 City Council Regular Meeting.
Approving Appointment of Councilmember Pielstick as Council Liaison to Problem Resolution
Team. Kent Lewis, 624 East Meves, expressed is support. Captain Bill Holloway, Police
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Page 5, City Council Regular Meeting, September 11,2001
Department, eXplained the Problem Resolution Teams purpose and organizations working with
the team. Councilmember Pielstick abstained.
Approving Request of Fonner Park Exposition and Events Center, Inc., for Ratification of
Election of Board of Directors.
#2001-227 - Approving Acquisition of Utility Easement Located at 1612 South Webb Road,
Along the Southerly Property Line of Johnson Cash-Way Lumber Company - 600' West of
Webb Road.
#2001-228 - Approving Acquisition of Utility Easement Located on the South Side of Swift
Road, East ofConAgra Beef Plant, West of Museum Drive.
#2001-229 - Approving Acquisition of Utility Easement Located at 2810 East U.S. Highway 30,
Northeast Comer of Penrose Machining Property.
#2001-230 - Approving Acquisition of Utility Easement Located at 2928 East Highway 30
Along the Access Road to MFSN ork/Stormor Manufacturing Plant.
#2001-231 - Approving Acquisition of Utility Easement Located at 2722 South Locust,
McDermott & Miller P.C.
#2001-232 - Approving Supplemental Agreement with Nebraska Department of Roads for
Repairs to US Highway 30. It was noted that the Nebraska Department of Roads estimated
contribution of $50,000 would be increased to $86,611.
#2001-233 - Approving Change Order to Contract with Nebraska Department of Roads for
South Locust Proiect, for an Extension of 15 Working Days.
#2001-234 - Approving Contract for Ash Pond - Phase I Closure with Hooker Brothers
Construction Company, Grand Island, Nebraska, in the Amount of $54,445.00.
#2001-235 - Approving Contract for Initial Site Preparation - Burdick Station with Hooker
Brothers Construction Company, Grand Island, Nebraska, in the Amount of$3,420,288.35.
#2001-236 - Approving Bid for Cab and Chassis Truck for the Fire Department with Anderson
Ford, Grand Island, Nebraska, in the Amount of $36,574.00.
#2001-237 - Approving Bid for Hi-Roof Utility Box for the Fire Department with LCL Truck
Equipment, Inc., Hastings, Nebraska, in the Amount of$19,165.00.
#2001-238 - Approving Contract for Downtown Parking Lot Island 2001 Proiect - Landscape
with Dublin Nursery & Landscaping, Rogers, Nebraska, in the Amount of $8,517.00.
#2001-239 - Approving Contract for Downtown Parking Lot Island 2001 Proiect - Concrete
with O.K. Paving, Grand Island, Nebraska, in the Amount of$13,763.00.
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Page 6, City Council Regular Meeting, September 11,2001
#2001-240 - Approving MEAN/Hastings Power Plant Proiect - Feasibility Study with
Municipal Energy Agency of Nebraska and Hastings Utilities in an Estimated Amount of
$67,500.00. Ken Lewis, 624 East Meves, questioned the expense of the feasibility study after
recently purchasing two gas turbine generators. Utilities Director Gary Mader, explained that the
gas turbine generators are needed now for the base load growth, but that a coal plant will be
needed in the future. Councilmember Hornady recognized Mr. Mader's efforts on a well run
utilities department.
#2001-241 - Approving Site Preparation for Park Maintenance Building with Dobesh Land
Leveling, Grand Island, Nebraska, in the Amount of$50.263.78.
#2001-242 - Approving Final Plat and Subdivision Agreement for Grand West 3rd Subdivision.
It was noted that Grand West L.L.C., owners, had submitted the final plat for Grand West 3rd
Subdivision, located along Allen Avenue northeast of Mansfield Road in order to re-subdivide
all of Grand West 2nd Subdivision into 34 lots consisting of 11.505 acres.
#2001-243 - Approving Final Plat of Subdivision Agreement for Luzenac Subdivision. It was
noted that Luzenac America, Inc., owners, had submitted the final plat for Luzenac Subdivision,
located south of Highway 30 north of Burlington Northern Railroad Trachs and west of Stuhr
Road in order to create 2 lots on a parcel of land located in the N1I2 of Section 15-11-9 and
consisting of 33.965 acres.
I #2001-244 - Approving Use of Local Law Enforcement Block Grant Funds.
#2001-245 - Approving Connection Fees for Water Main District #433T, Locust Street Project
South of Highway 34.
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#2001-246 - Approving Intent to Issue Bonds for Reimbursement of Sanitary Sewer Costs
(Districts #492, #493m #499, and #500).
#2001-247 - Approving Correction to the IBEW Contract Amendment.
RESOLUTIONS:
#2001-248 - Consideration of Approving Property Tax Request for FY 2001-2002 General All-
Purpose Property Tax, Community Redevelopment Authority and Parking District #2 (Ramp).
David Springer, Finance Director, reported that this Resolution established the General
Municipal property tax request at $6,050,018, a $196,809 increase from the property tax request
for FY 2000-2001. Mr. Springer noted that this also established the Parking District #2 property
tax request at $47,250, a $2,250 increase from the property tax request for FY 2000-2001 and the
Community Redevelopment Authority property tax request at $402,431, a $13,718 increase from
the property tax request for FY 2000-2001. Motion by Seifert, second by Whitesides, carried
unanimously to approve.
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Page 7, City Council Regular Meeting, September 11,2001
#2001- 249 - Consideration of Approving Amendment 1 % Increase to the Lid Limit. David
Springer, Finance Director, reported that in 1998 the Nebraska State Legislature passed LB 989,
which put a cap on the amount of restricted revenues a political subdivision could budget for.
Restricted revenues that the City of Grand Island included in their budget were Property Taxes,
Payments in Lieu of Property Tax, Local Option Sales Tax, Motor Vehicle Tax and State Aid. Of
these restricted revenues, property tax is the only revenue that the City can control. The increase
in restricted funds authority using the 1 % additional amount and the population growth (when
available) would not be an increase in budgeted revenues and would only provide the ability to
increase restricted revenues, particularly property tax, in a future year if necessary.
Lewis Kent, 624 East Meves, spoke in opposition. Councilmembers Larson and Hornady spoke
in support. Public Works Director Steve Riehle, commented in the benefits of the 1 % increase.
Motion by Seifert, second by Larson, to approve. Upon roll call vote to approve,
Councilmembers Seifert, Larson, Hornady, Whitesides and Walker voted aye. Councilmembers
Pielstick, Haase and Sorensen voted nay. Motion failed.
PAYMENT OF CLAIMS:
Motion by Whitesides, second by Sorensen, carried unanimously to approve the Claims for the
period of August 29,2001 through September 11,2001, claims #103724, #109652, #110345 and
#110614 through #111110 for a total claims amount of$5,315,507.43.
ADJOURNMENT: The meeting was adjourned at 8:10 p.m.
Respectfully submitted,
Qo.\\oL tD~
RaN ae Edwards
City Clerk