09/25/2001 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
September 25,2001
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 25,2001. Notice of the meeting was given in the Grand Island Independent
on September 19, 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 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 Curtis
Holzworth, Evangelical Free Church, 2609 South Blaine Street.
RESERVE TIME TO SPEAK ON AGENDA ITEMS: Nine individuals reserved time to speak
on agenda items.
PRESENTATIONS AND PROCLAMATIONS:
Proclamation Condemning Terrorists Attacks. Mayor Gnadt read a Proclamation condemning the
Terrorist Attacks on the United States of America on September 11,2001.
Proclamation, "Food Safety Education Day" September 28, 2001. Mayor Gnadt proclaimed
September 28, 2001 as "Food Safety Education Day" and encouraged all citizens to focus
attention on the efforts of all who are committed to serving safe food now and throughout the
year.
Proclamation, "Republic of China Day" October 10, 2001. Mayor Gnadt proclaimed October 10,
2001 as "Republic of China Day" and urged all citizens to join in extending congratulations and
best wishes to the Republic of China on Taiwan during this celebration.
Proclamation, "World Population Awareness Week" October 21-27, 2001. Mayor Gndat
proclaimed the week of October 21-27,2001 as "World Population Awareness Week".
Recognition of Bob and Bev Wolfe. Mayor Gnadt recognized Bob and Bev Wolfe for their
efforts of beautification along the Leslie James Loop Trail.
Pressentation by Chad Bluschke Regarding Update of the Grand Island Fire Explorer Post. Chad
Bluschke of the Grand Island Fire Department updated the Mayor and Council on the Grand
Island Fire Explorer Post. Fifteen students participated in ice rescue, and a mass casualty incident
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Page 2, City Council Regular Meeting, September 25,2001
demonstration at the airport. Introduced were five students who had participated in the program.
Randy Stuben, 233 South Gunbarrel Road, spoke in support of the program and encouraged a
ride along program.
PUBLIC HEARINGS:
Public Hearing on Request of Ebby, Inc. dba Alibi Lounge & Package Store, 908 North
Broadwell Avenue, for Class "c" Liquor License. RaNae Edwards, City Clerk, reported that
Ebby, Inc. dba Alibi Lounge & Package Store, 908 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 August 16, 2001; notice to applicant of date, time, and place of
hearing mailed on September 5, 2001; notice to the general public of date, time, and place of
hearing published on September 15, 2001; Chapter 4 of City Code and departmental reports as
required by City Code. No public testimony was heard.
Public Hearing on Request of Gas N Shop, dba Gas N Shop #75, 2223 South Locust Street, for
Class "B" Liquor License. RaNae Edwards, City Clerk, reported that Gas N Shop, Inc. dba Gas
N Shop #75, 2223 South Locust Street, had submitted an application with the City Clerk's Office
for a Class "B" Liquor License. Ms. Edwards presented the following exhibits for the record:
application submitted to the Liquor Control Commission and received by the City on September
4, 2001; notice to applicant of date, time, and place of hearing mailed on September 7, 2001;
notice to the general public of date, time, and place of hearing published on September 15, 2001;
Chapter 4 of City Code and departmental reports as required by City Code. No public testimony
was heard.
Public Hearing on Proposed Amendment to the Grand Island Comprehensive Plan and Future
Land Use Map Regarding Properties Located North of Capital Avenue and East of North Road.
Chad Nabity, Regional Planning Director, reported a proposal to amend the Grand Island
Comprehensive Plan and Future Land Use Map relative to properties located north of Capital
Avenue and east of North Road, from Low to Medium Residential to Commercial had been
submitted. Mr. Nabity noted that a motion to deny this proposal was passed by the Regional
Planning Commission at their September 5, 2001 meeting. Robert Irvine, 818 N. North Road and
Sue Goding, real estate representative for Casey's, spoke in favor. Ralph Naber, 4017 West
Capital Avenue, spoke in opposition. No further public testimony was heard.
Public Hearing on Request for Change of Land Use Designation for Property Located North of
Capital Avenue and East of North Road From TA Transitional Agricultural to B1 Light Business
Zone. Chad Nabity, Regional Planning Director, reported that Robert Irvine, 818 N. North Road,
had submitted a request to rezone approximately 2 acres of land located north of Capital Avenue
and east of North Road from TA Transitional Agricultural to B1 Light Business Zone for the
purpose of a convenience store at that location. Mr. Nabity noted that a motion to deny this
proposal was passed by the Regional Planning Commission at their meeting of September 5,
2001. Robert Irvine, 818 N. North Road and Sue Goding, real estate representative for Casey's
spoke in favor. Ralph Naber, 4017 West Capital Avenue, spoke in opposition. No further public
testimony was heard.
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Page 3, City Council Regular Meeting, September 25,2001
Public Hearing to Review the Remonstrance Against the Sale of Former City Hall, Certifications
and Receive Testimony. Charlie Cuypers, City Attorney, reported that at the August 28, 2001
City Council Meeting, remonstrance petitions bearing 4,508 signatures were received. Mr.
Cuypers noted that on August 30, 2001, the remonstrance petitions were delivered to the Hall
County Election Commissioner for verification. Certification of the verified signatures were
received in the City Clerk's Office on September 20, 2001. State statutes require that a public
hearing be held to review the remonstrance and certifications and receive testimony to determine
if sufficient valid signatures have been received. No public testimony was heard.
Public Hearing on Proposed Amendments to FY 2000-2001 Annual Budget. David Springer,
Finance Director, reported that an amendment to the Fiscal Year 2000-2001 Annual Budget was
proposed to reflect the actual and projected costs associated with various projects and activities
that differ from that anticipated in the original document. Mr. Springer noted that the revisions
did not increase the total appropriations, but do transfer operating activity between departments.
The amendment provided $8,077 to be transferred to the Family Preservation Grant for
expenditures related to the Project Impact grant; $3,481 of Tax Increment Bond to the General
Fund and $8,090 to be transferred to the Zoological Trust Fund from the Local Assistance Fund.
No public testimony was heard.
ORDINANCES:
Councilmember Hornady made a motion to remove Ordinance #8698, second by Sorensen,
carried unanimously.
Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that ordinance numbered:
#8684 - Consideration of Creating Sidewalk District 1, 2001
#8699 - Consideration of Amendments to FY 2000-2001 Annual Budget
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: Is there anyone in the audience interested in these ordinances? Tom O'Neill, 804 West
Stolley Park Road, spoke in support of Ordinance #8684.
City Clerk: Ordinances #8684, and #8699 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 #8684, and #8699 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.
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Page 4, City Council Regular Meeting, September 25,2001
Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinances
#8684, and #8699 are declared to be lawfully passed and adopted upon publication as required
by law.
CONSENT AGENDA: Councilmember Pielstick requested that item G-5e be removed from the
Consent Agenda. Motion by Pielstick, second by Seifert, carried unanimously to approve the
Consent Agenda.
Receipt of the following Official Documents: Garbage and Refuse Haulers Permits and Civil
Service Minutes of July 3,2001.
Approving Minutes of September 11, 2001 City Council Regular Meeting. Councilmember
Ward abstained.
Approving Appointment of Bud Rasmussen to the Business Improvement District #3 Board.
Approving Request of Ebby Inc. dba Alibi Lounge & Package Store, 908 North Broadwell
Avenue, for Class "C" Liquor License.
Approving Request of Dean L. Burch, 407 East 18th Street, for Liquor Manager Designation for
Ebby, Inc. dba Alibi Lounge & Package Store, 908 North Broadwell Avenue.
Approving Request of Gas N Shop, Inc. dba Gas N Shop #75, 2223 South Locust Street, for
Class "B" Liquor License.
Approving Request of Mark A. Bergman, 226 East 6th Street, Hastings, Nebraska, for Liquor
Manager Designation for Gas N Shop, Inc. dba Gas N Shop #75, 2223 South Locust Street.
Approving Request of Harry W. Sturgeon, P.O. Box 64, Boelus, Nebraska, for Liquor Manager
Designation for GMRI, Inc. dba Red Lobster #0734, 3430 West 13th Street. Councilmember
Pielstick voted no.
#2001-250 - Approving Contract for Island Landscape Proiect No. 1, 2001 to Partridge
Construction, Inc., Grand Island, Nebraska, in the Amount of$27,162.08.
#2001-251 - Approving Bid for 2002 Chevrolet Impala for the Public Works Department, Under
State Contract #CA5697 to Husker Auto Group, Lincoln, Nebraska, in the Amount of
$16,597.77.
#2001-252 - Approving Contract for Fuel Gas Conditioning System to Texas Systems &
Controls, Inc., Houston, Texas, in the Amount of$61,895.00.
#2001-253 - Approving Contract for Main Power Transformers to Waukesha Electric Systems,
Waukesha, Wisconsin, in the Amount of $947,800.00.
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Page 5, City Council Regular Meeting, September 25,2001
#2001-255 - Approving Contract for Installation of Irrigation System at Sucks Lake Park to
Tilley Sprinkler Systems. Inc.. Grand Island. Nebraska. in the Amount of$45.995.00.
#2001- 256 - Approving Contract for Speed Slide Complex DesignfBuild Services to Neuman
Pools. Beaver Dam. Wisconsin. in the Amount of$385.000.00.
#2001-257 - Approving Bid for 2002 Chevrolet Impala for the Parks and Recreation Department.
Under State Contract #CA5697 to Husker Auto Group. Lincoln. Nebraska. in the Amount of
$16.597.77.
#2001-258 - Approving Bid for Outdoor Warning Siren Wireless Controllers to Platte Valley
Communications. Inc.. Grand Island. Nebraska. in the Amount of $49.829.40.
#2001-259 - Approving Bid for 2002 Chevrolet Pickup for the Legal Department. Code
Enforcement Division. Under Contract #CA5711 to Husker Auto Group. Lincoln. Nebraska. in
the Amount of$15.637.77. Councilmember Pielstick voted no.
#2001-260 - Approving Interlocal Agreement with South Central Area Law Enforcement
Services (SCALES).
#2001-261 - Approving Contract for Ambulance Billing Medicare Filing Software to Sweet
Computer Services. Inc.. West Union. Iowa. in the Amount of$16.627.00.
#2001-262 - Approving Bid for 24' Enclosed Cargo Trailer and Equipment for the Fire
Department to Wells Cargo. Inc.. Elkhart. Indiana. in the Amount of$19.077.36.
#2001-263 - Approving Certificate of Final Completion for Installation of Irrigation System at
Cedar Hills Park to Cloudburst Enterprises. Grand Island. Nebraska.
#2001-254 - Approving Settlement Agreement for POWRCEM Electronic Data Report System
to Black and Veatch. Overland Park. Kansas. in the Amount of $46,240.00. Councilmember
Pielstick asked for an explanation of the settlement agreement. Gary Mader, Utilities Director,
explained the history of the contract agreement with Black and Veatch. Motion by Seifert,
second by Murray, unanimously approved.
RESOLUTIONS:
#2001-264 - Approving Proposed Amendment to the Grand Island Comprehensive Plan and
Future Land Use Map Regarding Properties Located North of Capital Avenue and East of North
Road. Chad Nabity, Regional Planning Director, reported that as was discussed during the Public
Hearing a proposal to amend the Grand Island Comprehensive Plan and Future Land Use Map
relative to properties located north of Capital Avenue and east of North Road, from Low to
Medium Residential to Commercial had been submitted. Mr. Nabity also noted that a motion to
deny this proposal was passed by the Regional Planning Commission at their September 5,2001
meeting.
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Page 6, City Council Regular Meeting, September 25,2001
Counci1member Ward mentioned his concerns about traffic safety at this intersection. Also
mentioned were drainage issues and other convenience stores in the area. Councilmember Larson
stated high traffic volume and felt that future plans for the road should be looked at.
Councilmember Pielstick questioned the sale of alcohol so close to Northwest High School and
sidewalk issues. Councilmember Hornady stated that she was not opposed to commercial
development but felt there needed to be long range planning. Councilmember Haase stated that it
was a bad location. Motion by Seifert, second by Hornady, to approve. Motion failed
unaniumously.
#2001-265 - Consideration of Remonstrance Against the Sale of Former City Hall. Charlie
Cuypers, City Attorney, reported that as was discussed during the Public Hearing at the August
28, 2001 City Council Meeting, remonstrance petitions bearing 4,508 signatures were received.
Mr. Cuypers also noted that on August 30,2001, the remonstrance petitions were delivered to the
Hall County Election Commissioner for verification. Certification of the verified signatures were
received in the City Clerk's Office on September 20, 2001. State statutes require that a public
hearing be held to review the remonstrance and certifications and receive testimony to determine
if sufficient valid signatures have been received. Motion by Murray, second by Sorensen, carried
unanimously.
PAYMENT OF CLAIMS:
Motion by Whitesides, second by Haase, carried unanimously to approve the Claims for the
period of September 12,2001 through September 25,2001, claims #109744, #110106, #110107
#110345, #110383, #110387, #110932, #110933 and #111111 through #111668 excluding claim
#111545 in the amount of $ 100,000.00 for a total claims amount of$3,281,010.18.
CLAIM #111545
Motion by Murray, second by Seifert, to approve claim #111545 to Richard and Patricia
Hartman in the amount of $100,000.00 for discussion purposes. Councilmember Pielstick spoke
of the possibility of other claims being filed. Councilmember Hornady questioned the age of the
Hartman house and current tax valuation. The house was built in 1907 and was appraised at
$95,000. City Attorney Charlie Cuypers explained the process that had been taken to settle this
dispute, which had been on going for several years. An arbitration panel had been set up, along
with chemical testing, engineering studies and inspections. Discussion was had regarding the
results of the chemical testing and engineering studies that had been performed. Councilmember
Walker questioned what the Council options were if this was not approved. Mr. Cuyeprs stated
that Hartman's attorney would need to decide if legal action would be taken.
John Amick, attorney representing the Hartman's, 410 Amick Avenue, Doniphan, Nebraska,
stated that he felt the arbitration agreement was binding and that his client and the City were
bound by the arbitration results. John Higgins, 2209 Apache Road, one of three persons on the
arbitration panel, presented the arbitration results.
ADJOURN TO EXECUTIVE SESSION:
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Page 7, City Council Regular Meeting, September 25,2001
Motion by Murray, second by Homady, carried unanimously to adjourn to executive session at
9: 10 p.m. for the purpose of discussing possible litigation.
RETURN TO REGULAR SESSION:
Motion by Whitesides, second by Sorensen, carried unanimously to reconvene in regular session
at 9:25 p.m.
Motion by Hornady, second by Ward, to table claim #111545 until the next regular meeting.
Upon roll call vote, Councilmembers Hornady, Larson and Ward voted aye. Councilmembers
Pielstick, Seifert, Whitesides, Haase, Murray, Walker and Sorensen, voted no. Motion failed.
Upon roll call of the original motion to approve claim #111545 to Richard and Patricia Hartman
in the amount of$100,000.00, all voted no. Motion failed claim was denied.
ADJOURNMENT: The meeting was adjourned at 9:27 p.m.
Respectfully submitted,
QJ\~ tD~
RaN ae Edwards
City Clerk