12/17/2002 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
December 17, 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 December 17, 2002. Notice ofthe meeting was given in the Grand Island Independent
on December 11, 2002.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were
present: Councilmembers Meyer, Whitesides, Pielstick, Larson, Nickerson, Seifert, Pauly,
Hornady, Walker and Haase. The following City Officials were present: City Administrator
MarIan Ferguson, City Clerk RaNae Edwards, Public Works Director Steve Riehle and Finance
Director David Springer.
PLEDGE OF ALLEGIANCE was said followed by the INVOCATION given by Reverend
Richard Karohl, Faith United Methodist Church, 724 West lih Street.
RESERVE TIME TO SPEAK ON AGENDA ITEMS: Five individuals reserved time to speak
on agenda items.
PRESENTATIONS AND PROCLAMATIONS:
"It's About Kids!" Presentations by Jill Rath and Becca Brown. Youth Leadership Tomorrow,
"Its About Kids!" assets were presented by Jill Rath and Becca Brown.
Recognition of the Nebraska Diplomats and Don Anderson for Receiving the Ambassador
Plenipotentiary Award. Mayor Vavricek and the City Council recognized Don Anderson for
receiving the Ambassador Plenipotentiary Award. A short video was presented titled "Power in
Partnership and "Plenipotentiary Award". Jim Kanter representing Nebraska Farmer, Rick
Kolkman, President of the Nebraska Diplomats and representatives from the Ag Institute of
Nebraska were present for the presentation.
PUBLIC HEARINGS:
Public Hearing on Proposed Amendment to Chapter 36 of the Grand Island City Code Relative
to Creation of an M3 Zone. Chad Nabity, Regional Planning Director, reported that amendments
to Chapter 36 of the Grand Island City Code were needed to create an M3 Mixed Use
Manufacturing District. The zoning district would provide for a mix of light manufacturing,
warehousing, wholesaling, retail, and residential uses for an area along the Union Pacific
Railroad tracks through the central part of the city. Mr. Nabity recommended Council approve
the area along the Union Pacific Railroad Tracks and a committee be formed to study the
southern area near the Platte Deutsch. Kenneth and Jennifer Hasenauer, 1414 W. North Front
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Page 2, City Council Regular Meeting, December 17, 2002
Street spoke in support. Ray Stander, 2604 O'Flannagan Street and Leroy Wood, 821 West
Oklahoma Avenue, and David Plautz, 4063 Manchester Road spoke in support of the Planning
Directors recommendation. No further public testimony was heard.
Public Hearing on Adoption of the Official Zoning Map for 2003. Chad Nabity, Regional
Planning Director, reported 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 at their December 11, 2002 meeting. No public
testimony was heard.
ORDINANCES:
Councilmember Pielstick moved that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that ordinance numbered:
#8788 - Consideration of Change to Chapter 36 of the Grand Island Code to Crete an M3
Zoning District
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 this ordinance on its 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? Councilmember Pielstick
questioned if the businesses would be able to expand. Chad Nabity, Regional Planning Director
stated they could expand with their existing use. Discussion was had concerning the committee
to be formed for the southern area. No public testimony was heard.
City Clerk: Ordinance #8788 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
City Clerk: Ordinance #8788 on final passage. All those in favor ofthe passage of this ordinance
on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinance
#8788 is declared to be lawfully passed and adopted upon publication as required by law.
CONSENT AGENDA: Agenda items G-8, G-9 and G-13 were removed from the Consent
Agenda. Motion by Hornady, second by Nickerson, carried unanimously to approve the Consent
Agenda excluding items G-8, G-9 and G-13.
I Receipt of Official Document - Tort Claim Submitted by Robert Wertb.
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Page 3, City Council Regular Meeting, December 17, 2002
Approving Minutes of December 3,2002 City Council Regular Meeting.
Approving Minutes of December 10, 2002 City Council Study Session.
Approving Councilmember Appointments to Boards and Committees for a One-Year Term as
follows: Legislative Committee - League Board: Margaret Homady; Regional Planning
Commission: Joyce Haase and Mitch Nickerson; Joint City/County Facilities: Fred Whitesides
and Scott Walker; Downtown Development Board: Margaret Homady and Jackie Pielstick;
Transportation Committee: Scott Walker and Bob Meyer; Community Development Board:
Jackie Pielstick; Systems (Information): Gale Larson; Grand Island Economic Development
Corporation Board: Gale Larson and Don Pauly; Board of Health: Mitch Nickerson; Problem
Resolution Team: Jackie Pielstick and Don Pauly; City/County Communications: Larry Seifert,
Fred Whitesides and Scott Walker; Building Code Advisory Board: Bob Meyer; Natural Gas
Rate Area Representative: Gale Larson; and Library Board: Scott Walker.
Approving Appointments to the Plumbing Board for a 2- Year Term as follows: Doug Hough,
Eric Rose, Ryan King, Clark Kalkowski, and Craig Lewis.
Approving Appointments to the Gas Fitters & Appliance Installers Board for a I-Year Term as
follows: Norm Nietfeldt, Mike McElroy, Loren Peterson, Clark Kalkowski, and Craig Lewis.
Approving Appointments to the. Electrical Board for the Year 2003 as follows: Gene Miester,
Doug Fangmeier, Pat Bittner, Bruce Klient, Dean Mathis, and Craig Lewis.
#2002-378 - Approving Certificate of Final Completion and Setting Board of Equalization Date
of January 28, 2003 for Sidewalk District No.1, 2002.
#2002-379 - Approving Certificate of Final Completion and Setting Board of Equalization Date
of January 28, 2003 for Street Improvement District #1234, Juergen Road in the Platte Valley
Industrial Park.
#2002-380 - Approving Bid Award for Sewer Televising Unit for the Wastewater Treatment
Division with CUES, of Orlando, Florida in an Amount of$69,997.00.
#2002-382 - Approving Bid Award for (7) Police Interceptor Vehicles with Anderson Ford of
Grand Island, Nebraska in an Amount of$134,355.00.
#2002-383 - Approving Safety Glass Contract for 2003-2005 for Utilities, Public Works, Parks
and Recreation Departments with Shopko Optical of Grand Island, Nebraska.
#2002-384 - Approving Change Order #1 for Electrical & Control Equipment Installation with
Capital Electric of Kansas City, Missouri for an Increase of $2,450.00 and a Modified Contract
Amount of$135,950.00. Councilmember Pielstick voted no.
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Page 4, City Council Regular Meeting, December 17, 2002
#2002-385 - Approving Change Order #1 for Boiler Inspection & Repair with Moorhead
Machinery & Boiler Company of Minneapolis, Minnesota for an Increase of $98,512.57 and a
Modified Contract Amount of$411,212.57. Councilmember Pielstick voted no.
#2002-386 - Approving Change Order #1 for Turbine Generator Overhaul with Power
Generation Services, Inc. of Mandan, North Dakota for a Net Change Amount of $634.94 and a
Modified Contract Amount of$478,634.94. Councilmember Pielstick voted no.
#2002-387 - Approving Change Order #1 - Downtown Alley Improvements - Phase 4 with
Diamond Engineering Company of Grand Island for a Net Change Amount of $3,390.00 and a
Modified Contract Amount of $395,486.45. Councilmember Pielstick voted no.
#2002-388 - Approving Modification to Electric Service Area.
#2002-389 - Approving State Contract Award for Computer Purchases with Dell Computer
Corporation of Round Rock, Texas in an Amount of$85,882.00.
#2002-390 - Approving Waiver of Property Located at 4212 West 13th Street as Nonconforming
Lot (Orville & Gladys Gosda).
#2002-391 - Approving State Bid Award for Vehicle Purchase of a 12 Ton Pickup for the Fire
Department with Anderson Ford of Lincoln, Nebraska, in an Amount of $24,476.00.
#2002-392 - Approving State Bid Award for Vehicle Purchase of a 1 Ton Truck for the Fire
Department with Anderson Ford of Lincoln, Nebraska, in an Amount of$35,269.00.
#2002-393 - Approving Certificate of Final Completion for Library Remodel Phase II with
Starostka Group Co., of Grand Island, Nebraska.
#2002-363 - Approving Continuation of Sanitary Sewer District #508, Desch 1 st and 2nd
Subdivisions Located at the Northwest Comer of the Intersection of US Highway 281 and
Husker Highway. Steve Riehle, Public Works Director reported that Sanitary Sewer District 508
was created by the City Council on October 8, 2002. A letter with a copy of the Ordinance and
Notice was also mailed to all property owners on October 15, 2002. Council action was required
to continue the District. Sanitary Sewer District 508 completed the 30-day protest period at 5:00
p.m. Thursday, November 14, 2002.
There were no valid protests filed against this District. There were protests filed by two owners
whose right of protest had been waived by Subdivision Agreement, representing 42.74% of the
frontage. It was recommended that the Council continue the District. All of the costs of the
District would be assessed to the benefiting properties.
Pat Brock, Attorney for property owners Pacific Realty and Gary Albers spoke in opposition.
Dorothy Bockoven, Attorney for Gas 'N Shop and Shannon Walker, Operations Manager for
Gas 'N Shop spoke in support. Discussion was had concerning the cost of the district and the
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Page 5, City Council Regular Meeting, December 17, 2002
property owned by Pedcor to the west and the sanitary sewer district that they would be putting
m.
Motion was made by Counci1member Larson, second by Hornady to approve Resolution #363.
Upon roll call vote, Counci1members Meyer, Whitesides, Pie1stick, Larson, Nickerson, Hornady
and Haase voted yes. Counci1members Seifert, Pauly and Walker voted no. Motion was adopted.
#2002-377 - Approving City Council Meeting Schedule for 2003. Counci1member Hornady
requested that the Council move the meeting dates back to Monday nights. Counci1member
Haase stated the extra day (Monday) to contact staff was beneficial.
Motion was made by Whitesides to table Resolution #2002-377 for further study but to approve
the meeting dates of January 7, 2003 and January 14, 2002. Upon roll call vote, all voted aye.
Motion adopted.
#2002-381 - Approving Adoption of the Grand Island Zoning Map for 2003. Motion was made
by Counci1member Larson, second by Walker to approve Resolution #2002-381 with the
understanding that further study would be done on the southern area by the Platte Deutsch as
discussed earlier. Upon roll call vote, all voted aye. Motion adopted.
RESOLUTIONS:
#2002-394 - Approving Memorandum of Understanding with New Holland (CNH). City
Administrator Marlan Ferguson reported that CNH company officials had been working with
City staff, the Economic Development Corporation and local banks to develop a Memorandum
of Understanding (MOU) that sets forth the terms, conditions, and commitments of the
respective parties to assist CNH with the re-too1ing of the facility to a combine manufacturing
facility only. The MOU reflects, for the most part, the proposal presented to the Council in 2000.
Because corporate and City review and approval process for the MOU took several months,
minor modifications have been made relative to the implementation dates for specific
expenditures and performance issues.
The City was participating in the incentive program in a couple of ways. First, funding through
the Community Development Block Grant Revolving Loan Fund is available. $150,000 had been
requested to assist with the purchase of a laser. The laser would be used to fabricate metal for the
combine operation. The application for CDBG funds had been received (November 19, 2002)
and City staff began the processes required for determination of eligibility for CDBG funds. The
City may also participate in buying down the interest on one of the loans offered by a consortium
of community banks.
Mr. Ferguson stated CNH was an excellent corporate citizen. CNH had chosen to invest in Grand
Island and were relieved that over 600 well-paying jobs would be retained. Participation in the
financial incentive package demonstrates support and commitment to CNH, to the employees,
supporting companies/vendors, and to the community at large. The growth of CNH would help
stimulate economic development, increase the local tax base and promote the creation of well
paying jobs.
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Page 6, City Council Regular Meeting, December 17,2002
Curtis Griess, 26 Kuester Lake spoke in support.
Motion was made by Councilmember Whitesides, second by Pielstick. Upon roll call vote,
Councilmembers Meyer, Whitesides, Pielstick, Larson, Nickerson, Pauly, Hornady, Walker and
Haase voted aye. Councilmember Seifert abstained. Motion adopted.
Steve Lee, 3406 South 3406 South Blaine Street, representing CNH thanked the Council for their
support.
#2002-395 - Approving Additional Funding for the Central District Health Department. City
Administrator MarIan Ferguson reported that the City and County had participated in numerous
discussions over the last few years concerning the Grand Island - Hall County Health
Department's need for additional and different office space. Since those discussions had begun,
the Department had become a three county Central District Health Department, which increased
the need for additional space.
The County had initially recommended and offered the use of the current County Attorney's
building for the Health Department. As time went on and the County's facilities plan developed,
they offered the Health Department $250,000 to go toward the purchase of their own building.
Members of the County Board and the Health Department had met with City Staff and Council
members to discuss the possibility of matching the County's contribution. The City Council had
already exceeded the County's $50,000 remodel fund by budgeting $75,000. The Health
Department was looking at various options for locating the Department. Staff recommended
approving the resolution to increase the City's funding from $75,000 to $250,000 to be taken out
of the City's Fund 150 of the General Fund.
Councilmember Pielstick stated concerns about the budget. Sonja Simpson, Health Department
Director and Mark Jorgensen, Health Department Board member spoke in support.
Motion was made by Councilmember Seifert, second by Hornady, unanimously approved.
Motion adopted.
#2002-396 - Approving FOP Contract. City Administrator MarIan Ferguson reported that a
proposed 5-year contract between the FOP, Local #24 and the City of Grand Island had been
negotiated and approved by the FOP Union. The City and FOP began negotiating this contract in
September, 2002 and had reached an agreement.
Jarret Daugherty, President of FOP Lodge No. 24 and John Luna, 712 East 8th Street spoke in
support.
Motion was made by Councilmember Seifert, second by Nickerson, unanimously approved.
Motion adopted.
ORDINANCE:
Page 7, City Council Regular Meeting, December 17, 2002
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Councilmember Pielstick moved that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that ordinance numbered:
#8789 - Consideration of Salary Ordinance Pertaining to FOP
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 this ordinance on its 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? Tom O'Neill, 804 West
Stolley Park Road spoke in support. No further public testimony was heard.
City Clerk: Ordinance #8789 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
City Clerk: Ordinance #8789 on final passage. All those in favor of the passage of this ordinance
on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinance
#8789 is declared to be lawfully passed and adopted upon publication as required by law.
I PAYMENT OF CLAIMS:
Motion by Whitesides, second by Hornady, carried unanimously to approve the Claims for the
period of December 5,2002 through December 17, 2002, for a total amount of$3,342,998.93.
ADJOURNMENT: The meeting was adjourned at 8:55 p.m.
Respectfully submitted,
Q[\04L-ru~
RaNae Edwards
City Clerk
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