01/22/2002 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
January 22, 2002
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 22,2002. Notice of the meeting was given in the Grand Island Independent on
January 16, 2002.
Council President Whitesides 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. Mayor Ken Gnadt was 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 the INVOCATION given by Father Tom
Ryan, St. Mary's Cathedral Catholic Church, 204 South Cedar Street.
PRESENTATIONS AND PROCLAMATIONS:
I It's About Kids! Crystal Kuzma and Jenna Huffinan presented It's About Kids! assets.
Recognition of Dr. Richard Fruehling for Dedication to the Practice of Family Medicine.
President Whitesides and Mike Gloor, President and CEO of St. Francis Medical Center
presented Dr. Richard Fruehling a Certificate of Appreciation for his unceasing dedication to the
mentorship and practice of family medicine in Grand Island and throughout rural Nebraska.
Presentation by McDermott & Miller, for FY 2001 City Single Audit and General Purpose
Financial Statements. Mike Was singer of McDermott & Miller presented the City Single Audit
for Fiscal Year 2001 and stated that the City had received an unqualified opinion which was the
best rating given. Mr. Was singer thanked the staff for their cooperation.
RESERVE TIME TO SPEAK ON AGENDA ITEMS: One individual reserved time to speak on
an agenda item.
BOARD OF EQUALIZATION: Motion by Sorensen, second by Pielstick, carried unanimously
to adjourn to the Board of Equalization.
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#2002-BE-1 - Board of Equalization for Sidewalk District No.1, 2001, Stolley Park Road and
Broadwell Avenue at the Union Pacific Railroad Tracks. Steve Riehle, Public Works Director,
reported that all work was completed and the special assessments were calculated for the
properties in Sidewalk District No.1 - 2001. The district included the Union Pacific Railroad
Right of Way lying east of and adjacent to Broadwell Avenue between west South Front Street &
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Page 2, City Council Regular Meeting, January 22, 2002
Old Lincoln Highway and the Union Pacific Railroad Right of Way lying north of and adjacent
to Stolley Park Road approximately 300' east of Ada Street. The Certificate of Final Completion
was approved by Council on December 18, 2001 and a Board of Equalization date of January 22,
2002 was set. All costs of the District would be assessed to the Union Pacific Railroad. The total
to be assessed, including Engineering Services, equaled $3,266.56. Motion by Murray, second by
Hornady, carried unanimously to approve.
RETURN TO REGULAR SESSION Motion by Pielstick, second by Hornady, carried
unanimously to return to Regular Session.
PUBLIC HEARINGS:
Public Hearing on Adoption of the Official City Zoning Map for 2002. Chad Nabity, Planning
Director, repOlied 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, with the recommended changes, at their January
9,2002 meeting. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at 3537 West 13th Street (Mid-
Country Trading, L.L.c. ). Gary Mader, Utilities Director, reported that acquisition of a utility
easement located east and west of Whiskey Creek Steakhouse on Lot One, (1), Park Island
Square 5th Subdivision, was required in order to have access to install, upgrade, maintain, and
repair power appurtenances. This easement would be used to locate high voltage underground
cable to serve the new strip mall immediately south of Whiskey Creek Steakhouse. No public
testimony was heard.
Public Hearing on Acquisition of Utility Easement in the 1000 Block North of Gunbarrel Road
(Midland Ag Services, Inc.). Gary Mader, Utilities Director, reported that acquisition of a utility
easement located west of Gunbarrel Road, 1/4 mile south of Capital Avenue, was required in
order to have access to install, upgrade, maintain, and repair power appurtenances. This
easement would be used to locate a new underground primary cable and single-phase pad
mounted transformer to serve a new home. No public testimony was heard.
Public Hearing on Request of Airgate Wireless, Inc. for Conditional Use Permit for 170'
Telecommunications Tower Located at 3703 West Capital Avenue. This item was pulled from
the agenda at the request of Airgate Wireless, Inc.
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:
#8708 - Consideration of Salary Increase for City Council and Mayor
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Page 3, City Council Regular Meeting, January 22, 2002
#8713 - Consideration of Establishing Assessments for Sidewalk District No.1, 2001,
Stolley Park Road & Broadwell Avenue at the Union Pacific Railroad Tracks
#8714 - Consideration of Amendment to Chapter 5 of the Grand Island City Code
Relative to the Animal Advisory Board
#8715 - Consideration of Amendment to Chapter 34 of the Grand Island City Code
Relative to Taxicab Company Permits
#8716 - Consideration of Amendment to Chapter 25 of the Grand Island City Code
Relative to Tattoos
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 these 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.
Council President Whitesides: Is there anyone in the audience interested in these ordinances?
Heidi Maxon, spoke in favor of Ordinance #8716. Councilmember Larson questioned Ordinance
#8715 with regards to running a business out of a residence. City Attorney Charlie Cuypers
stated that as long as no service or repair to the vehicles was done at the residence, the cars were
parked properly and no external signage was located on the property, there would be no problem.
Councilmember Larson stated there was a need for taxi services and we need to do it right. No
further public testimony was heard.
City Clerk: Ordinance #8708 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, Counci1members Pielstick, Sefiert,
Whitesides, Haase, Murray and Sorensenl voted aye. Councilmembers Ward, Larson, Hornady
and Walker voted no. Motion adopted.
City Clerk: Ordinance #8708 on final passage. All those in favor of the passage of this ordinance
on final passage, answer roll call vote. Upon roll call vote, Councilmembers Pielstick, Sefiert,
Whitesides, Haase, Murray and Sorensen voted aye. Councilmembers Ward, Larson, Hornady
and Walker voted no. Motion adopted.
City Clerk: Ordinances #8713, #8714, #8715 and #8716 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: Ordinance #8713, #8714, #8715 and #8716 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.
Council President: By reason of the roll call votes on first reading and then upon final passage,
Ordinances #8708, #8713, #8714, #8715 and #8716 are declared to be lawfully passed and
adopted upon publication as required by law.
CONSENT AGENDA: Motion by Pielstick, second by Hornady, carried unanimously to approve
the Consent Agenda minus item G-5 which was pulled from the agenda.
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Page 4, City Council Regular Meeting, January 22, 2002
Receipt of Official Document - Civil Service Minutes of November 30, 2001.
Approving Minutes of January 8, 2002 City Council Regular Meeting.
Approving Minutes of January 15, 2002 City Council Special Meeting. Councilmember Ward
abstained.
Approving Minutes of January 15, 2002 City Council Study Session. Councilmember Ward
abstained.
Approving Request of Airgate Wireless, Inc. for Conditional Use Permit for 170'
Telecommunications Tower Located at 3703 West Capital Avenue. This item was pulled from
the agenda at the request of Airgate Wireless, Inc.
Approving Request of Michael C. Jordan, 2719 Stewart Drive, for Liquor Manager Designation
for Nebraska Steak Company, dba Whiskey Creek Steakhouse, 3537 West 13th Street.
#2002-13 - Approving Acquisition of Utility Easement Located at 3537 West 13th Street (Mid-
Country Trading, L.L.C.).
#2002-14 - Approving Acquisition of Utility Easement Located in the 1000 Block North of
Gunbarrel Road (Midland Ag Services, Inc.)
#2002-15 - Approving Gas Facilities Agreement with Kinder Morgan.
#2002-16 - Awarding Bid for 2002 Truck with Telescopic Aerial Platform to Drake-Scruggs
Equipment Company, Grandview, Missouri in the Amount of $85,258.00.
#2002-17 - Awarding Bid for 125 VDC Battery System Replacement at Platte Generating
Station to Ash Battery Systems, Omaha, Nebraska in the Amount of $64,362.45.
#2002-18 - Approving Engineering Services for Pump Replacement at Platte River Pumping
Station to CH2M Hill, Englewood, Colorado in the Amount of$58,109.00.
#2002-19 - Awarding Bid for Utility Poles for George Park Ball Field Lighting to Ensley
Electric Services, Inc., Grand Island, Nebraska in the Amount of$17,756.00.
#2002-20 - Awarding Bid for 2002 Chevrolet 3/4 Ton Pickup with Utility Box to Husker Auto
Group, Lincoln, Nebraska in the Amount of$24,755.70.
#2002-21 - Awarding Bid for Swimming Pool Chemical Purchase to Aqua-Chern, Inc.,
Bellevue, Nebraska.
#2002-22 - Approving Proposal for Aquatic Facilities Soft Drink Supplier to Coca Cola
Enterprises and Pepsi Bottling Group, Grand Island, Nebraska.
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Page 5, City Council Regular Meeting, January 22,2002
#2002-23 - Approving Contract for Design/Build for Park Maintenance Building to Chief
Construction, Grand Island, Nebraska in the Amount of$299,990.00.
#2002-24 - Approving Adoption of the 2002 Grand Island Zoning Map.
#2002-25 - Approving Final Plat and Subdivision Agreement for CSG Subdivision. It was noted
that Clark Gauthier & Stephanie Gauthier, Trustees, had submitted a final plat for CSG
Subdivision, located north of 4th Street and east of Locust Street, for the propose to re-
subdivide all of lot 5, block 31, Original Town of Grand Island into 2 lots.
#2002-26 - Approving Pinal Plat and Subdivision Agreement for Luzenac 2nd Subdivision. It
was noted that Luzenac America, Inc., owners, had submitted the final plat for Luzenac 2nd
Subdivision, located south of Highway 30, north of the Burlington Northern Railroad Tracks
and west of Stuhr Road for the propose to develop 2 lots on a parcel of land comprising of Lot
2 Luzenac Subdivision and part of the Wl/2 of the NE1/4 of Section 15, Township 11, Range
9.
#2002-27 - Approving Final Plat and Subdivision Agreement for Starostka Subdivision. It was
noted that L & P Investments, LLC., owners, had submitted the final plat for Starostka
Subdivision, located north of Old Highway 30, and west of Industrial Lane for the propose to
develop 7 lots on a parcel of land consisting of Lot 11, and part of lot 10 Commercial
Industrial Park.
#2002-28 - Approving Final Plat and Subdivision Agreement for Sweley Subdivision. It was
noted that Mark Sweley, owner, had submitted the final plat for Sweley Subdivision, located
north of A Road, and east of Gunbarrel Road, in Merrick County, Nebraska for the propose to
shift the existing lot lines between two parcels on a 20 acre unplatted tract of land located in
the S1/2 of the SEl/4 of the SE1/4 of Section 7, Township 11, Range 8.
#2002-29 - Approving Contract 2002-AM-l for Aerial Photography and Aerial Mapping to
Surdex Corporation, Chesterfield, Missouri in the Amount of$132,744.90.
#2002-30 - Approving Certificate of Final Completion for Street Improvement District #1237,
Wortman Drive with The Diamond Engineering Company, Grand Island, Nebraska and Setting
Board of Equalization Date for February 26, 2002 to Determine Benefits and Set Assessments.
#2002-31 - ApprovinlS Continuation and Construction of Sanitary Sewer District #503, Edna
Drive in Gosda Subdivision.
#2002-32 - Approving Acquisition of Detention Cell Immediately South of West Ridge Middle
School from Grand West, LLC and Agreement for Warranty Deed. Steve Riehle, Public Works
Director, reported that the detention cell was located south of Westridge Middle School and west
of Mansfield Road. The Public Works Department had been working with the developer on the
detention cell project since the summer of 1999. The developer purchased the ground and was
using the excavated material for fill in the Grand West Subdivision. The Public Works
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Page 6, City Council Regular Meeting, January 22, 2002
Department had committed to designing a cell that would have amenities to make it a desirable
addition to the neighborhood including a sprinkler system, landscaping, concrete ditch lining,
and seeding or sodding. The City would own the completed cell and would be responsible for
future maintenance of the cell.
#2002-33 - Awarding Bid for Sanitary Sewer Proiect 2001-S-5, South of State Street and West
of Diers Avenue to The Diamond Engineering Company, Grand Island, Nebraska in the Amount
of $43,682.40.
#2002-34 - Approving Final Institutions for Public Funds.
#2002-35 - Setting February 26, 2002. for Board of Equalization for Annual Mowing
Assessment.
#2002-36 - Approving Renewal of Contract with Fonner Park Relative to Stand-By Ambulance.
#2002-37 - Approving Support and Funding for the 10th Annual "Get Hooked on Fishing, Not
Drugs or Alcohol" Derby.
REQUESTS AND REFERRALS:
Approving Referral of the One and Six Year Street Improvement Plan to Regional Planning
Commission. Steve Riehle, Public Works Director, reported that State law requires that cities
adopt a One and Six Year Street Improvement Plan on an annual basis in order to maintain
eligibility to receive state gas tax revenues and that an updated plan had been developed by the
Public Works Department for referral first to the Regional Planning Commission and then to
the City Council. Motion by Hornady, second by Ward, carried unanimously to forward to the
Regional Planning Commission.
RESOLUTIONS:
#2002-38 - Approving Former Zoo Site Reuse Plan. Steve Paustian, Parks and Recreation
Director, reported that at the January 15, 2002 City Council Study Session, the Zoo Reuse
Committee presented a development plan to Council for the use of the former Zoo site. Council
was asked to formally accept the proposal as presented. Motion by Larson, second by Pielstick,
carried unanimously. Herb Worthington, 4262 Pennsylvania Avenue, spoke in support.
Councilmember Larson thanked the committee and suggested Council look at this project at the
Council Retreat.
PAYMENT OF CLAIMS:
Councilmember Pielstick asked that claim #10011710 in the amount of$2,202.75 be pulled from
the claims. Motion by Walker, second by Haase, carried unanimously to approve the Claims for
the period of January 9, 2002 through January 22, 2002, minus claim #10011710 for a total
amount of$I,419,755.84.
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Page 7, City Council Regular Meeting, January 22,2002
ADJOURNMENT: The meeting was adjourned at 8: 10 p.m.
Respectfully submitted,
Q~~ C\JL ~DJ.A~DJ'-Ow
RaNae Edwards
City Clerk