02/26/2002 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
February 26, 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 February 26, 2002. Notice of the meeting was given in the Grand Island Independent
on February 20, 2002.
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 the INVOCATION given by
Councilmember Jackie Pielstick.
PRESENTATIONS AND PROCLAMATIONS:
Recognition of Police Officer Scott Arnold for 20 Years of Service. The Mayor and City Council
recognized Police Officer Scott Arnold for 20 Years of dedicated service to the City of Grand
Island.
Presentation of the "Howard Eakes Community Awards" by Bettv Curtis Representing Clean
Community Systems. Betty Curtis representing Clean Community System presented the
"Howard Eakes Community Awards", a new community award for beautification efforts in
Grand Island. Dan Eakes and Ron Eakes presented the awards to: Harry Houch, H & H
Distributing; Mr. Ramsey and Ms. Miller, Bar Middle School and Youth on Trac.
Proclamation "Read Across America/Grand Island" March 4, 2002. The Mayor proclaimed
March 4, 2002 as "Read Across America/Grand Island". Deb Harder, Principal of Gates
Elementary School and five students were present to receive the Proclamation.
RESERVE TIME TO SPEAK ON AGENDA ITEMS: 5 individuals reserved time to speak on
agenda items.
BORAn OF EQUALIZATION: Motion by Sorensen, second by Whitesides, carried
unanimously to adjourn to the Board of Equalization.
#2002-BE-2 - Board of Equalization to Determine Benefits for 2001 Weed Abatement Program.
City Attorney Charlie Cuypers reported that Chapter 17 - Garbage, Refuse, Waste and Weeds,
Article III - Weeds, sets forth the procedure for levying special assessments against real estate
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Page 2, City Council Regular Meeting, February 26, 2002
on which the City has performed mowing operations during the preceding year. There were only
five properties subject to special assessments for mowing during calendar year 2001. Each of
these properties was owned by persons residing outside the community of Grand Island. Motion
by Murray, second by Sorensen, carried unanimously to approve.
#2002-BE-3 - Board of Equalization to Determine Beneftis for Street Improvement District
#1237, Wortman Drive. Steve Riehle, Public Works Director, reported that work had been
completed and special assessments had been calculated for the District. The Certificate of Final
Completion was approved by Council on January 22, 2002. The total to be assessed, including
Engineering Services equals $399,311.75. All costs of this District would be assessed to Central
Community College. Motion by Pielstick, second by Larson, carried unanimously to approve.
RETURN TO REGULAR SESSION: Motion by Hornady, second by Sorensen, carried
unanimously to return to Regular Session.
PUBLIC HEARINGS:
Public Hearing on Request of Richard and Pat Hartman for Conditional Use Permit for Gravel
Pumping Facilities at 5075 South Locust Street. Craig Lewis, Building Department Director,
reported that Richard and Pat Hartman had submitted an application with the City Clerk's Office
for a Conditional Use Permit for a gravel pumping facility located at 5075 South Locust Street.
This request had been reviewed by the Building, Legal, Utilities, Planning and Public Works
Departments. No public testimony was heard.
Public Hearing on Request of Balz, Inc. dba Balz Sprots Bar, 3421 West State Street, for
Addition to Premise to Liquor License "C-39140". RaNae Edwards, City Clerk, reported that
Balz, Inc. dba Balz Sports Bar, 3421 West State Street, had submitted an application with the
City Clerk's Office for an Addition to Premise Liquor License, in conjunction with their Class
"C-39140" Liquor License presently held. The request would add an area of approximately 28' x
35' to the north portion of the main floor in the building located at 3421 West State Street. Ms.
Edwards presented the following exhibits for the record: application submitted to the Liquor
Control Commission and received by the City on February 12, 2002; notice to applicant of date,
time and place of hearing mailed on February 12, 2002; notice to the general public of date, time
and place of hearing published on February 15, 2002; Chapter 4 of City Code and departmental
reports as required by City Code. No public testimony was heard.
Public Hearing on Request of Dolphin Enterpirse NE, LLC dba Conoco 1 Stop, 2105 West 2nd
Street for Change of Location to Liquor License "C-49918" from 2107 West 2nd Street to 2105
West 2nd Street. RaNae Edwards, City Clerk, reported that Dolphin Enterprise NE LLC, dba
Conoco 1 Stop, 2105 West 2nd Street, had submitted an application with the City Clerk's Office
for a change oflocation for their current liquor license "C-49918" from 2107 West 2nd Street to
21 05 West 2nd Street. Ms. Edwards presented the following exhibits for the record: application
submitted to the Liquor Control Commission and received by the City on February 18, 2002;
notice to applicant of date, time and place of hearing mailed on February 15, 2002; notice to the
general public of date, time and place of hearing published on February 15,2002; Chapter 4 of
City Code and departmental reports as required by City Code. No public testimony was heard.
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Page 3, City Council Regular Meeting, February 26, 2002
Public Hearing on Reconfiguration of Detention Cell at Eagle Run Including Acquisition of Real
Estate. Charlie Cuypers, City Attorney, reported that the Robert M. Allen Family Limited
Partnership, the owner of Eagle Run, had requested that Detention Cell B-6A previously
dedicated to the City of Grand Island be reconfigured in order to accommodate future
commercial development of Meadowlark West Fourth Subdivision. The Public Works
Department had reviewed and approved the reconfiguration. Other than the cost of preparation of
documents for presentation to the City Council and the publication of a notice of public hearing,
the City of Grand Island could incur no other expenses in connection with the estrange
transaction. Mike Yost, 201 East 2nd Street, requested that Ordinance #8721 and Resolution
#2002-56 which related to this item be deferred to the March 12, 2002 City Council Regular
Meeting. No further public testimony was heard.
REQUESTS AND REFERRALS:
Request to Reconsider Creating Street Improvement District #1240, Grand West 2nd Subdivision.
Steve Riehle, Public Works Director, reported that creation of this District was considered at the
February 12, 2002 Council meeting. Due to area resident's concerns regarding drainage in the
area, the Ordinance to create the district failed on the 2nd reading. Councilmember Scott Walker,
who voted against creation at the February 12th meeting, made a request for the issue to be
brought forward and discussed again at this meeting. Several Councilmembers requested that
Staff review the policies of other Cities regarding Street Improvement Districts.
Motion was made by Walker, second by Hornady, to reconsider Creating Street Improvement
District #1240. Walker then made a motion to table this request to the March 19, 2002 Study
Session for further review, second by Pielstick, carried unanimously.
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:
#8717 - Consideration of Creating Alley Improvement District #1242
#8718 - Consideration of Creating Alley Improvement District #1243
#8719 - Consideration of Establishing Assessments for Street Improvement District
#1237, Wortman Drive
#8720 - Consideration of Establishing Assessments for 2001 Weed Abatement Program
#8722 - Consideration of Conveyance of Property Located at 1122 East 9th Street
#8723 - Consideration of Conveyance of Property Located at 1119 East 9th Street
#8724 - Consideration of Conveyance of Property Located at 1115 East 9th Street
#8725 - Consideration of Vacation of Easement at Riverside Farm 3rd Subdivision
#8726 - Consideration of Vacation of Easement at Meadowlark West 3rd Subdivision
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
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Page 4, City Council Regular Meeting, February 26, 2002
passage and call for a roll call vote on each reading and then upon final passage. Counci1member
Seifert seconded the motion. Upon roll call vote, all voted aye. Motion adopted.
Mayor: Is there anyone in the audience interested in this ordinance? No public testimony was
heard.
City Clerk: Ordinances #8717, #8718, #8719, #8720, #8722, #8723, #8724, #8725 and #8726 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 #8717, #8718, #8719, #8720, #8722, #8723, #8724, #8725 and #8726 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
#8717, #8718, #8719, #8720, #8722, #8723, #8724, #8725 and #8726 are declared to be lawfully
passed and adopted upon publication as required by law.
Ordinance #8721 - Consideration of Conveyance of Real Estate in Meadowlark West Third
Subdivision and Part of the SEl/4 NE1/4 of Section 13-11-10 Hall County, Nebraska to
Reconfigure Detention Cell was deferred to the March 12,2002 City Council Meeting.
CONSENT AGENDA: Councilmember Larson requested item G-12 be removed from the
consent agenda. Councilmember Seifert requested that item G-8 be removed from the consent
agenda. Motion by Pie1stick, second by Whitesides, carried unanimously to approve the Consent
Agenda minus items G-8, G-12 and G-14.
Receipt of Official Document - Civil Service Minutes of January 22, 2002.
Receipt of Official Document - Tort Claim Filed by Wayne A. and Norma G. Devine.
Receipt of Official Document - Tort Claim Filed by Jack D. and Annette L. Stratman.
Receipt of Official Document - Tort Claim Filed by Victor L. Gosda.
Approving Minutes of February 12, 2002 City Council Regular Meeting. Councilmembers
Larson and Ward abstained.
Approving Minutes of February 19, 2002 City Council Study Session. Councilmembers Larson
and Ward abstained.
Approving Appointment of Luris Calero to the Public Library Board Effective March 1, 2002
and Expiring June 30, 2004.
Approving Request of Balz, Inc. dba Balz Sports Bar, 3421 West State Street, for Addition to
Premise to Liquor License "C-39140".
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Page 5, City Council Regular Meeting, February 26, 2002
Approving Request of Dolphin Enterprise LLC dba Conoco 1 Stop, 2105 West 2nd Street for
Change of Location to Liquor License "C-49918" from 21 07 West 2nd Street to 21 05 West 2nd
Street.
#2002-53 - Approving Bid Award for Galvanized Chain Link Fence and Gates to Hurricane
Fence Company, Grand Island, Nebraska in the Amount of$128,604.25.
#2002-55 - Approving Bid Award for 15.5kV 2000 A. Outdoor Circuit Breakers to Wesco,
Grand Island, Nebraska in the Amount of$370,851.60.
#2002-57 - Approving Agreement with Grand Island Amateur Radio Society for Proiect Impact
Funding.
#2002-58 - Approving Discontinuation of Sanitary Sewer District #504, Dale Roush Subdivision
and Dale Roush 2bd Subdivision.
#2002-59 - Approving Extension to Contract for Gas Recovery at the Landfill for EP A Testing
Requirements with HDR Engineering, Inc., Omaha, Nebraska in the Amount of$19,500.00.
#2002-60 - Approving Contract for (2) Self Check Workstations with Epixtech, Inc., Provo, Utah
in the Amount of$34,571.00.
Approving Request of Richard and Pat Hartman for Conditional Use Permit for Gravel Pumping
Facilities at 5075 South Locust Street. Motion was made by Murray, second by Ward to approve
the Conditional Use Permit. Councilmember Seifert mentioned his concern about feedlot run off
into the sand pit and ground water contamination. John Amick, Attorney, 410 Amick Acres,
representing the Hartman's was present and stated that these issues would be covered at the
planning commission hearings. Future development was discussed by the Council. Mr. Amick
stated that future building around the sand pit would be along time in the future. Craig Lewis,
Building Department Director, stated that future development would need to have zoning
changes. Councilmember Hornady asked whether the large equipment required for a gravel
pumping operation would damage Mr. Hartman's already fragile house. No comment was made
by Mr. Amick. Upon roll call vote, all voted aye. Motion was adopted.
#2002-54 - Approving Bid Award for Water Main District #434T, #437, #438T and #439T and
Sanitary Sewer District #499 to Starostka Group Company, Grand Island, Nebraska, in the
Amount of $1,197,212.71. Motion was made by Larson, second by Seifert to award this bid to
Diamond Engineering instead of Starostka Group as recommended by staff. Councilmember
Larson stated that there was only 2% difference in the bids and Diamond Engineering has a track
record of completing jobs on time. Councilmember Whitesides questioned the bidding
procedure. City Attorney Charlie Cuypers stated that both bidders were qualified. Staff
recommended the lowest bidder and had followed procurement code. Councilmember Pielstick
raised concerns about change orders that are sure to happen. Councilmember Walker asked
whether there was a completion date for this project in the bids. Public Works Director Steve
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Page 6, City Council Regular Meeting, February 26, 2002
Reihle stated that there was. Councilmember Hornady voiced concerns about not following staff
recommendations an opening the City up to future problems.
David Plautz, 4063 Manchester Road, representing Diamond Engineering spoke about the
bidding process and felt the re-bid was wrong and unfair. Councilmember Ward asked what
liability the City would have if they awarded the contract to Diamond Engineering versus
Starostka Group. Mr. Cuypers stated there would probably be no problem awarding the bid to the
lowest bidder Starostka Group, but there might by problems if we awarded to the higher bider,
Diamond Engineering. Dave Starostka, 429 Industrial Lane, representing Starostka Group stated
his company is qualified to do this project and have done others in Grand Island.
Upon roll call vote to award the contract to Diamond Engineering, Councilmembers Seifert and
Larson voted aye. Councilmembers Pielstick, Ward, Hornady, Whitesides, Haase, Murray,
Walker and Sorensen, voted nay. Motion failed.
Motion was made by Pielstick to approve Resolution #2002-54 awarding the bid to Starostka
Group, second by Whitesides. Upon roll call voted Councilmembers Pielstick, Ward, Hornady,
Whitesides, Haase, Murray, Walker and Sorensen, voted aye. Councilmembers Seifert and
Larson voted nay. Motion was adopted.
#2002-56 - Approving Reconfiguration of Detention Cell Including Acquisition of Real Estate
and Approval of Exchange Agreement with the Robert M. Allen Family Limited Partnership.
This item was deferred to the March 12,2002 City Council Meeting.
PAYMENT OF CLAIMS:
Motion by Whitesides, second by Seifert, carried unanimously to approve the Claims for the
period of February 13, 2002 through February 26,2002, for a total amount of$2,521,541.27.
EXECUTIVE SESSION: Motion by Hornady, second by Pielstick, carried unanimously to
adjourn to executive session at 8:30 p.m. for the purpose of an update on the Hartman appeal.
RETURN TO REGULAR SESSION: Motion by Pielstick, second by Ward, carried unanimously
to reconvene in regular session at 8:45 p.m.
#2002-61 - Consideration of Approving Security on Appeal. It was noted that Nebraska Revised
Statute 925-1916 requires that during an appeal to the Nebraska Court of Appeals or Supreme
Court, an appellant, such as the City of Grand Island, must file a bond or other security in an
amount equal to the judgment and accrued interest to insure payment if the appeal is denied. In
lieu of purchasing a commercial supersedeas bond, an agreement had been made with the
attorney for Richard and Patricia Hartman to substitute a pledge of the funds available to pay the
judgment. In order for the pledge to be executed by the Finance Director, the Mayor and City
Council must approve the pledge and authorize the Finance Director to sign and file the
document. A commercial supersedeas bond would require much the same approval on the part of
the Mayor and City Council and would require payment of a premium in the amount of
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Page 7, City Council Regular Meeting, February 26, 2002
approximately $2,000.00. Motion by Whitesides, second by Homady, carried unanimously to
approve.
ADJOURNMENT: The meeting was adjourned at 8:50 p.m.
Respectfully submitted,
Qf\t~U- ~D. LOCtr~
RaNae Edwards
City Clerk